GENERAL MSC CRUISES Terms and Conditions
These are the Terms and Conditions, which apply to your holiday package. Please read them carefully as you be bound by them.
Roles of the parties
MSC Cruises Limited, hereinafter referred to as the “Company”, provides a booking service and full consumer protection under English law (under its ATOL 4316 and ABTA Membership Y1379) for Passengers wishing to book a Travel Service with MSC Cruises. When making your Booking, the role of the Company is limited to assisting you with finding, organising and booking Travel Services with MSC Cruises. As the Company helps you to combine and purchase Holiday Packages, the Company will have certain obligations to you as an organiser under the Package Travel Directive 2015/2302, as described further in these Booking Terms & Conditions.
After you have made your Booking, the Company will again help facilitate communication between you and MSC Cruises in relation to your Booking. You will be entitled to direct all enquiries regarding your Booking to the Company.
Definitions
“Agent” means the person or travel agency that either sells or offers for sale the Holiday Packages to you on its own behalf as a principal and an organiser; or makes available the Travel Services and Holiday Packages as an agent of MSC Cruises and the Company respectively (with the Company acting in the capacity described in these Booking Terms & Conditions).
“Booking” means the steps taken by the Passenger to purchase a Holiday Package, upon which the Passenger will enter into a Contract with MSC Cruises for the supply of the Travel Services which comprise the Holiday Package.
“Booking Terms & Conditions” means these terms and conditions and the information contained in the relevant Company’s brochure, the Official Website and/or other information which will form the express terms of your Contract with MSC Cruises.
“Carrier” means the entity who has undertaken the obligation to carry the Passenger from one place to the other as indicated in the Cruise ticket, airline ticket or other ticket issued for any other applicable transport and is thereby indicated on such documents as “carrier”. Carrier includes the owner and or charterer and or operator and or manager and their servants and or agents.
“Company” means MSC Cruises Limited, whose registered address is 5 Roundwood Avenue, Stockley Park, Uxbridge UB11 1AF.
“Conditions of Carriage” means the terms and conditions under which the Carrier provides transport either by air, road or sea. The Conditions of Carriage may refer to the provisions of the law of the country of the Carrier and/or international conventions which may limit or exclude the liability of the Carrier. Copies of the Conditions of Carriage of any Carrier are available to the Passengers upon request.
“Contract” means the contract concluded between MSC Cruises and the Passenger relating to the relevant Travel Services which comprise the Holiday Package and which is evidenced by the issue of the confirmation invoice sent by MSC Cruises or the Agent to the Passenger.
“Cruise” means the transport by sea and the stay onboard an MSC Cruises vessel (as described in the relevant Company’s brochure, the Official Website or other documentation produced for or on behalf of the Company), which – if not purchased with pre- or post-Cruise services – can be considered by itself as a Holiday Package.
“Disabled Passenger” or “Passenger with Reduced Mobility”; means any Passenger whose mobility when using transports is reduced as a result of any physical disability (sensory or locomotor, permanent or temporary), intellectual or psychosocial disability or impairment, or any other cause of disability or impairment or as a result of age, and whose situation needs appropriate attention and adaptation to his/her particular needs for the services made available to all Passengers.
“Force Majeure” means any unforeseeable and unpredictable event out of the Carrier’s, MSC Cruises’ or the Company’s control including Acts of God (such as, flood, earthquake, storm, hurricane or other natural disasters), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, riots, civil disturbances, industrial disputes, natural and nuclear disasters, fire, epidemics, health risks, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity or telephone service and/or any unforeseen technical problems with transport including changes due to rescheduling or cancellation or alteration of flights, closed or congested airports or ports.
"Combined Tour” means the combination of two or more Cruises and offered for sale as a single Holiday Package. For any relevant purposes, the Combined Tour shall always be considered as a single and indivisible Holiday Package. All terms and references to a Cruise and or Holiday Package shall include and be equally applicable to a Combined Tour unless otherwise stated. References to price are references to the total price paid for the Combined Tour
“Holiday Package” means the Cruise whether or not in combination with flight(s) and/or any pre- and/or post-Cruise arrangement for accommodation. It does not include Shore Excursions or shuttle services which do not form part of the inclusiveHoliday Package price.
“MSC Cruises” means MSC Cruises S.A., whose registered address is AvenueEugene-Pittard 40, Geneva, Switzerland 1288.
“Passenger” means each and every person, including minors, named either on the Booking confirmation or on the invoice or on a ticket issued by MSC Cruises.
1. Booking Procedure and Deposit
1.2 By booking for a Holiday Package, the person making the Booking confirms, agrees and accepts that all persons named in the Booking request and on the invoice have agreed to be bound by the Booking Terms & Conditions and that he/she has authority to accept these Booking Terms & Conditions on behalf of all the persons named on the Booking request and invoice.
1.3 A non-refundable deposit of £50 per person for cruise only holiday up to 3-night , £100 per person for cruise only holiday (4 to 33-night) and £250 per person for air inclusive cruise holidays (including for infants up to 2 years) is due and payable by the Passenger at the time of Booking. For the World Cruise, a non-refundable deposit equal to 15% of the price of the Package is due and payable by the Passenger within the first week starting from the date of the booking confirmation.
1.4 A Booking will be completed and the Contract will be effective only when MSC
Cruises confirms the Booking by sending a confirmation invoice to the Passenger or
to the Passenger’s Agent.
2. Payment
2.1 Every Holiday Package is subject to availability at the time of Booking. No Booking shall be confirmed, and no Contract shall be made, until the deposit or the
full amount (according to the present Booking Terms & Conditions) is paid and the confirmation invoice provided to the Passenger.
2.2 Full payment is required no later than 63 days prior to departure (93 days for cruises of 15 nights or more, including the MSC World Cruise 202,MSC World Cruise 2022 and MSC World Cruise 2023 ).
2.3 If the Booking application is made within 63 days prior to departure (93 days for cruises of 15 nights or more, including the MSC World Cruise 2021,MSC World Cruise 2022 and MSC World Cruise 2023), then full payment must be sent at the time of Booking.
2.4 If any Passenger fails to pay the balance 63 days prior to departure (93 days for cruises of 15 nights or more, including the MSC World Cruise 2021,MSC World Cruise 2022 and MSC World Cruise 2023), MSC Cruises has the right to cancel the Booking without notice and levy cancellation charges in accordance with paragraph 13 below, whether the Holiday Package is resold or not.
3. Prices and Price Guarantee
3.1 No change to the price of your Booking will be made within the 20-day period
before departure or once full payment has been received by the Company.
3.2 The price of your Booking may be varied at all times prior to those detailed in 3.1
above to allow variations for:
a) Air transportation costs;
b) Fuel costs for the propulsion of the vessel;
c) Dues, taxes or fees chargeable for services such as embarkation or disembarkation
fees at ports or airports.
d) the exchange rates relevant to the Holiday Package.
Variations may be upwards or downwards. For paragraph a) any variation of the Contract or Holiday Package price will be equal to the extra amount charged by the airline. For paragraph b) any variation of the Contract or Holiday Package price will be equal to 0.33% of the price of the Cruise for every dollar of increase of the fuel per barrel (NYMEX Index). For paragraph c) any variation of the Contract or Holiday Package price will be equal to the full amount of the fees.
3.3 If the increase in the Holiday Package price amounts to more than 8% on the total Holiday Package price at the time of Booking, the Passenger will be entitled to cancel the Holiday Package (including all Contracts) with a full refund of the Holiday Package price within the limits and to the extent of the amount effectively paid by the Passenger at the time of cancellation. Such right of refund does not include insurance premiums paid which are in no case refundable.
3.4 To exercise the right to cancel the Passenger must notify the Company in writing within 7 days of receiving the price increase notification.
4. Insurance
5. Passport, Visas and Travel Advice
5.2 MSC Cruises and the Company are not responsible for obtaining or checking visas for any Passenger, this is the responsibility of the individual Passenger.
It is the duty of the Passenger to verify that his/her passport, visas, or other documents for travel are accepted in the countries where the Holiday Package is deployed. Passengers are strongly advised to check for all legal requirements for travelling abroad and at the various ports to include the requirement of visas, immigration, custom and health.
5.3 MSC Cruises and the Company shall have no liability even if they or the Carrier has considered or seen the travel documents at any stage.
5.4 MSC Cruises and the Company are mindful of the global risk of indiscriminate terrorist attacks. Passengers should be aware of up to date travel information and up to date travel advice for their chosen destination; please review the Foreign Office website for detailed information www.gov.uk/foreign-travel-advice.
6. Fitness to Travel Pregnancy, Medical Facilities
6.1 The safety of all Passengers is of paramount importance to MSC Cruises, hence all Passengers warrant that they are fit to travel by sea (and if applicable by air) and that their conduct or condition will not impair the safety or convenience of the vessel or aircraft and the other Passengers, and that they can be carried safely in accordance with applicable safety requirements established by International EU or national law.
6.2 Any Passenger with a condition that may affect fitness to travel taking into account the vessel’s itinerary must inform the Company at the time of Booking and submit a doctor’s certificate prior to Booking.
6.3 In any case, MSC Cruises and/or the Carrier has the right to request, at their own discretion, the Passenger to produce medical certificates supporting the fitness to travel.
6.4 Pregnant women are requested to seek medical advice before travelling; at any stage of their pregnancy they must obtain a medical certificate from a doctor confirming their fitness to travel on board the vessel taking into account the specific itinerary.
6.5 MSC Cruises and/or the Carriers do not have on board any of the cruise vessels adequate medical facilities or equipment for childbirth. MSC Cruises and the Company cannot accept a Booking and the Carrier cannot carry any Passenger who will be 24 weeks pregnant or more by the end of the Cruise.
6.6 MSC Cruises and the Carrier expressly reserve the right to refuse boarding rights to any Passenger who appears to be in any advanced state of pregnancy or who does not provide the medical certificate according to clause 6.4 above and MSC Cruises, the Company and the Carrier shall have no liability in respect of such refusal.
6.7 In the case of a Booking made by a Passenger who was not aware at the time of Booking and could not have reasonably known at the time of Booking that she was pregnant over the terms provided by upper clause 6.5 then, MSC Cruises will offer the Passenger the choice of Booking another Cruise from the Company’s brochure and/or from the Official Website of equivalent quality compliant with the above mentioned terms, if available; or cancelling and receiving a full refund of the full price paid by that Passenger for any cancellation of Booking as long as such cancellation is notified immediately as soon as such a Passenger becomes aware of her condition. The refund will not include insurance premiums paid which are in no case refundable.
6.8 If it appears to the Carrier, the master or the ship’s doctor that a Passenger is for any reason unfit to travel, likely to endanger safety, or likely to be refused permission to disembark at any port or likely to render the Carrier liable for maintenance, support or repatriation, then the master shall have the right to refuse to embark the Passenger at any port or disembark the Passenger at any port or transfer the Passenger to another berth or cabin. The doctor onboard shall have the right to administer first aid and any drug, therapy or other medical treatment and/or to admit and/or confine the Passenger to the ship’s hospital or other similar facility, if such measure is considered necessary by the doctor and is supported by the master’s authority. Refusal by the Passenger to cooperate with regard to such treatment may result in the Passenger being disembarked at any port, if necessary through the intervention of local police officers or other competent authorities, and neither MSC Cruises, the Company nor the Carrier shall be liable for any loss, expense or compensation to the Passenger.
6.9 Where a Passenger is assessed as unfit to travel and refused embarkation then neither MSC Cruises, the Company nor the Carrier has any liability to the Passenger.
7. Disabled Passengers and Passengers with Reduced Mobility and Tender Safety
a) Is unwell, infirm, Disabled or has Reduced Mobility;
b) If the Passenger requires a special Disabled cabin, since there is a limited number of these available and since MSC Cruises would like to, wherever possible, accommodate the Passenger so that the Passenger is comfortable and safe for the duration of the Cruise;
c) If the Passenger has any special seating requirements;
d) If the Passenger needs to bring any medical equipment on board;
e) If the Passenger needs to bring a recognised assistance dog on board the vessel (please note that assistance dogs are subject to national regulations).
7.3 Where MSC Cruises and/or the Carrier consider strictly necessary for the safety and comfort of the Passenger and in order for the Passenger to fully enjoy the Cruise, it may require a Disabled Passenger or Passenger with Reduced Mobility to be accompanied by another person who is capable of providing the assistance required by the Disabled Passenger or Passenger with Reduced Mobility. This requirement will be based entirely on MSC Cruises and/or the Carrier assessing the need of the Passenger on grounds of safety and may vary from vessel to vessel and/or itinerary to itinerary. Passengers confined to a wheelchair are asked to kindly furnish their own standard size collapsible wheelchair during the whole Holiday Package and might also be requested to be accompanied by a travelling Passenger fit and able to assist them.
7.4 If the Passenger has any particular condition, Disability or Reduced Mobility which require personal care or supervision then such personal care or supervision must be organized by the Passenger and at the Passenger’s expense. The vessel is unable to provide respite services, one-to-one personal care or supervision or any other form of care for physical or psychiatric or other conditions.
7.5 If after careful assessing the Passenger’s specific needs and requirements, MSC Cruises and/or the Carrier concludes that the Passenger cannot be carried safely and in accordance with applicable safety requirements then MSC Cruises can refuse to accept a Booking or embarkation of a Disabled Passenger or Passenger with Reduced Mobility on the grounds of safety.
7.6 MSC Cruises reserves the right to refuse to carry any Passenger who has failed to adequately notify it of any disabilities or needs for assistance in order for MSC Cruises and/or the Carrier to make an informed assessment that the Passenger can be carried in a safe or operationally feasible manner on the grounds of safety. If the Passenger does not agree with a decision of MSC Cruises under clauses 7.5 to 7.6 of these Booking Terms & Conditions then the Passenger must provide a complaint in writing with all supporting evidence to MSC Cruises.
7.7 MSC Cruises reserves the right to refuse to carry any Passenger who in the opinion of MSC Cruises and/or the Carrier is unfit for travel or whose condition may constitute a danger to themselves or others on the Cruise on the grounds of safety.
7.8 For the safety and comfort of the Passenger, if the Passenger becomes aware between the date of Booking the Holiday Package and the date of commencement of the Holiday Package that he/she will require special care or assistance as detailed
above, the Passenger is asked to inform MSC Cruises immediately so that MSC Cruises and the Carrier can make an informed assessment whether or not the Passenger can be carried in a safe or operationally feasible manner.
7.9 Disabled Passengers or Passengers with Reduced Mobility may not be able to go ashore at ports where vessels do not berth alongside. A list of these ports is available upon written request.
7.10 In some ports, it is necessary to anchor offshore rather than alongside. When this is the case, the Carrier will use a tender to take Passengers ashore. A tender is a small vessel and may not be suitable for people with Disabilities or Reduced Mobility or balance problems. When using tenders, safety is the utmost priority. It is important that Passengers are able to use the tender safely. Passengers may be required to descend to a platform or pontoon and into the tender. There may be steps both up and down and Passengers may need to navigate a gap between the platform and the tender (which can be approximately 1.5ft). Depending on weather, tide and sea conditions, there may be some movement, which could change throughout the course of the day. Passengers must be fit and mobile enough to access and disembark the tender. If Passengers have impaired mobility, or use a mobility aid such as a stick, then they must carefully consider their ability to embark the tender safely before making their way down to the platform. Passengers must take into consideration the use of steps, the possibility of a gap and height difference between the platform and the tender, and the potential sudden movement of the tender when making a decision. Wheelchairs and mobility scooters will not be carried by the crew into the tender. All Passengers must be independently mobile enough to use the tenders. Ultimately, carriage by tender may be refused by the master or any of his officers if there is any doubt as to the safety of any Passenger.
All Passengers must take extra care when stepping on and off the tender. There will be crew members there to guide and steady Passengers as they embark and disembark but they cannot support, lift or carry Passengers. The same precautions apply when Passengers disembark the tender in the port.
8. Public Health Questionnaire
8.2 Where Passengers become ill during the Cruise with viral or bacterial illness the ship’s doctor may request them to remain in their cabin for reasons of safety. Passengers must follow the instructions of the Carrier and refusal to do so may result in disembarkation without any liability for damages or a refund on MSC Cruises or the Carrier.
9. Food Allergies
10. Medical Assistance
the Carrier and/or the master for medical treatment. Neither the Carrier, the Company nor MSC Cruises make any representation or accept any responsibility regarding the quality of the available medical facilities or treatments at any port of call or at the place at which the Passenger is landed. Medical facilities and standards vary from port to port. Neither MSC Cruises, the Company nor the Carrier makes any representations or warranties in relation to the standard of medical treatment ashore.
11. Medical Equipment
12. Booking Changes requested by the Passenger
12.1 The Passenger is entitled to transfer his booking to a third party, provided that: (i) said third party satisfies all the conditions for the use of the Holiday Package; and (ii) written notice is duly sent to the Company no later than 14 working days before departure of the Cruise. The Passenger and the third party contract assignee shall be jointly liable to MSC Cruises and the Company to pay the price of the Holiday Package and any additional cost that may arise as a consequence of the change in Passenger.
12.2 Furthermore, even after the confirmation invoice has been issued, the Passenger is also entitled to exchange, once only, the purchased Holiday Package (“Original Holiday Package”) with another Holiday Package (“New Holiday Package”) on the following conditions: (i) the date of departure of the New Holiday Package is later than that of the Original Holiday Package;
(ii) the request for the substitution of the New Holiday Package in place of the Original Holiday Package is received by the Company not later than 14 working days before the date of the scheduled departure of the Original Holiday Package and there is availability of spaces on the New Holiday Package; (iii) the itinerary for the New Holiday Package refers to the same destination as the Original Holiday Package as defined in the relevant Company’s brochure (or Official Website); and (iv) the expected date of departure of the New Holiday Package falls within one year from the expected date of departure of the Original Holiday Package. If the conditions stated above in this clause are met, the substitution of the Original Holiday Package with the New Holiday Package will in any case be subject to the following administration fee per Passenger:
|
Experience |
Timing |
Name Changes* |
Sailing changes** |
|
BELLA |
Up
to 63 days prior to departure |
£50 per change |
£ 100 per change |
|
|
£50 per change |
Considered as cancellation (80-100)% |
|
|
FANTASTICA
|
Up
to 63 days prior to departure |
£50 per change |
£100per change |
|
<
14 days prior to departure |
£50 per change |
Considered as cancellation (80-100)% |
* Name changes requested 6-0 days prior to departure will be considered as cancellation
** Only one change will be permitted for all Experiences it is understood that, in addition to the administration fee mentioned above, if the price of the
New Holiday Package is higher than that of the Original Holiday Package, the difference in price as well as in insurance premium will be borne exclusively by the Passenger. On the other hand if the price of the New Holiday Package is lower than that of the Original Holiday Package, no reimbursement will be due to the Passenger. In case of substitution of the Original Holiday Package with the New Holiday Package, the Passenger will still be entitled to withdraw from the Contract and therefore cancellation fees will apply; cancellation fees will be based on the price due (as per above provisions) and the scale provided under clause 13 (Cancellation by the Passenger) according to the Original Holiday Package departure date. MSC Cruises will make reasonable endeavors to comply with the Passenger requests for changes to flight, transport or other services arrangements and adapt them to the New Holiday Package. In no case whatsoever will MSC Cruises or the Company be held liable for change requests that cannot be satisfied.
12.3 Name or date changes are not always allowed by air Carriers and other transport or services providers whenever they are made. Most air Carriers and other transport or services providers treat such changes as a cancellation and charge accordingly. Any additional costs including cancellations fees and/or increased prices levied by air Carriers or other third-party providers will be exclusively for the Passenger’s account and be charged as a part of the additional cost mentioned in clause 12.1 (ii) above.
12.4 Save as provided above, other changes to the Booking may be requested (even after the confirmation invoice has been issued) until 63 days prior to departure, subject to a minimum administration fee of £25.00 per person per amendment. Any additional costs that may arise as a consequence of the change will be exclusively for the Passenger’s account.
12.5 Requests of amendments to the Booking received by the Company beyond the above time limits will be treated as cancellations and the cancellation charges detailed in clause 13 below will apply.
12.6 In case the changes requested by the Passengers entail the printing of new Cruise tickets, further to the above mentioned fees an amount of £ 25.00 per cabin will be charged to cover the extra costs.
12.7 Any changes requested by the Passenger on a Combined Tour shall always apply to the whole Holiday Package. All the relevant time limits run from the scheduled date of departure of the first Cruise of the Combined Tour.
12.8 Any changes requested by the Passenger on a Combined Tour shall always apply to the whole Holiday Package. All the relevant time limits run from the scheduled date of departure of the first Cruise of the Combined Tour.
13. Cancellation by the Passenger
Cancellations done after above deadline or on the departure date would be treated as “no show” with 100% cancellation charges applicability.
13.2 Save what set forth in clause 13.3 below, to cover the estimated loss incurred by cancellation, MSC Cruises will levy cancellation charges in accordance with the following scale:
Cruises < 15 Nights
• 63 days or longer before departure – Deposit
• 62 to 42 days before departure – 25%*
• 41 to 29 days before departure – 40%*
• 28 to 15 days before departure – 60%*
• 14 to 6 days before departure – 80%*
• 5 to 0** before departure – 100%*
Cruises ≥ 15 Nights
• 93 days or longer before departure – Deposit
• 92 to 72 days before departure – 25%*
• 71 to 59 days before departure – 40%*
• 58 to 45 days before departure – 60%*
• 44 to 15 days before departure – 80%*
• 14 to 0** before departure – 100%*
* or loss of deposit whichever is greater.
** “no-show” upon departure and Holiday Package breaking shall be dealt as a cancellation made on the day of departure
World Cruise 2023
• 60 days or longer before departure – 15% of holiday package*
• 59 to 10 days before departure – 75% of holiday package*
• 9 to 0**days before departure – 100% of holiday package
MSC Yacht Club
• 63 days or longer – Deposit
• 62 to 42 days before departure – 25% of holiday package*
• 41 to 29 days before departure – 40% of holiday package*
• 28 to 15 days before departure – 60% of holiday package*
• 14 to 6 days before departure – 80% of holiday package*
• 5 to 0** days before departure – 100% of holiday package
* or loss of deposit whichever is greater (£100 for cruise only, £250 for fly/cruise)
** “no-show” upon departure and Holiday Package breaking shall be dealt as a cancellation made on the day of departure.
13.3 In case a cabin remains for single use after the cancellation of a Passenger, the Passenger occupying the cabin for single use will be asked to pay a single surcharge charged by the Company for any single cabin Booking. Alternatively, should the remaining single passenger opt to cancel the Booking, the latter will pay the cancellation charges in accordance with clause 13.2 in addition to the insurance premium.
14. Booking Changes Effected by the Company
a) Accepting the alteration; or
b) Booking another Holiday Package from the Company’s brochure and/or from the Official Website of equivalent or superior quality, if available; or
c) Booking another Holiday Package from the Company’s brochure and/or from the Official Website of lower quality, if available, with a refund of the difference in price; or
d) Cancelling and receiving a full refund of all monies paid.
appropriate, depending on the circumstances and when the significant change or cancellation is notified to the Passenger, subject to the following exceptions listed below compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where MSC Cruises or the Company is forced to make a change or cancel as a result of unusual or unforeseeable circumstances beyond our control, the consequences of which MSC Cruises or the Company could not have avoided with all due care .
14.9 Passengers also have rights in certain circumstances which includes refunds and transportation. The circumstances in which these rights apply and the rights are set out in the Passenger Bill of Rights which is on our website. Once a Cruise or Holiday Package has been completed, and it is impossible to ensure the Passenger's return to their departure point as agreed in the Contract because of unavoidable and extraordinary circumstances, the Company shall bear the cost of necessary accommodation, if possible of equivalent category, for a period not exceeding three nights per traveller. Where longer periods are provided for in EU passenger rights legislation applicable to the relevant means of transport for the traveller's return, those periods shall apply.
15. Cancellation by the Company
16. The Liability of MSC Cruises and the Company
and the Company toward the Passenger is governed also by the International Conventions mentioned hereunder (see clauses 16.4 to 16.14) which provide limitations of liability of the Carrier. MSC Cruises and the Company are not responsible for any improper or non-performance which is: a) wholly attributable to the fault of the Passenger. b) the unforeseeable or unavoidable act or omission of a third party unconnected with the supply of any service to be provided under the Contract; c) an unusual or unforeseeable circumstance beyond the control of MSC Cruises and/or the Company and/or anyone who supplies services which form part of the Holiday Package the consequences of which could not have been avoided even if all due care had been exercised, including (but not limited to) an event of Force Majeure; or d) an event which MSC Cruises and/or the Company and/or anyone who supplies services which form part of the Holiday Package could not even with all due care have foreseen or forestalled.
conventions are available upon request.
16.7 In relation to Carriage by Sea EU Regulation 392/2009 Concerning the Rights of Passengers when travelling by sea in the event of Accidents (EU Regulation 392/2009), shall apply to international carriage by sea where the port of embarkation or disembarkation is in the EU or where the vessel has an EU flag or where the contract of carriage is made in the EU.
A copy of EU Regulation 392/2009 is available on request and can be downloaded from the Internet at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/2724/annex-b-reg-ec-392-2009.pdf. A summary of EU Regulation 392/2009 can be found at http://ec.europa.eu/transport/themes/passengers/maritime/doc/rights-in-case-of-accident.pdf
Where the vessel is being used as floating accommodation then the provisions of the Athens Convention 1974 and the limits therein will apply and are hereby expressly incorporated into these Booking Conditions including any claims for loss of or damage to luggage and or death and or personal injury.
16.8 The level of damages MSC Cruises, the Company and the Carrier may be liable to pay in relation to death and/or personal injury and or loss of or damage to Luggage is limited and shall in no circumstances whatsoever exceed the limits of liability set out in EU Regulation 392/2009, or where applicable Athens Convention 1974.
16.9 The liability of MSC Cruises, the Company and the Carrier for death, personal injury or illness to the Passenger shall not exceed 46.666 Special Drawing Rights ("SDR") as provided and defined in the Athens Convention 1974 or, where applicable, the maximum sum of 400,000 SDR pursuant to EU Regulation 392/2009 or The Athens Convention 2002 and, where there is liability for war and terrorism under EU Regulation 392/2009 or The Athens Convention 2002, 250.000 SDR.
Liability of MSC Cruises, the Company and the Carrier for loss of or damage to Passenger's luggage or other property shall not exceed 833 SDR per Passenger under the Athens Convention 1974 or 2,250 SDR where EU Regulation 392/2009 or Athens Convention 2002 applies.
It is agreed that such liability of MSC Cruises, the Company and the Carrier shall be subject to the applicable deductibles per Passenger, such sum to be deducted from the loss or damage to luggage or other property.
The Passenger understands that the conversion rate of SDR's fluctuates daily and may be obtained from a bank or Internet. The value of an SDR can be calculated by visiting http://www.imf.org/external/np/fin/data/rms_five.aspx.
16.10 It is presumed under the Athens Convention 1974 and where applicable The Athens Convention 2002 or EU Regulation 392/2009 that the Carrier has delivered Luggage to a Passenger unless written notice is given by the Passenger within the following periods:
16.11 If the carriage provided hereunder is not “international carriage” as defined in Article 2 of EU Regulation 392/2009 or the vessel is being used as a floating hotel and or domestic carriage by sea in the UK, the provisions of the Athens Convention 1974 shall apply to this contract and be deemed to be incorporated herein mutatis mutandis.
16.12 MSC Cruises and the Company shall not be liable for loss or damage to any valuables such as monies, negotiable securities, precious metal items, jewellery, art, cameras, computers, electronic equipment, or any other valuables unless they are deposited with the Carrier for safe-keeping, and a higher limit is agreed expressly and in writing at the time of deposit, and an extra charge is paid by the Passenger for declared value protection. Use of the ship’s safe is not a deposit with the ship. Where there is liability for loss of or damage to valuables deposited with the ship then such liability is limited to 1,200 SDR under the Athens Convention 1974 or 3,375SDR where EU Regulation 392/2009 or Athens Convention 2002 applies.
limitation on damages recoverable from the Carrier). Nothing in these Booking Terms and Conditions is intended to operate to limit or deprive MSC Cruises, the Company and the Carrier of any such statutory or otherwise limitation or exoneration or liability. The servant and/or agents of MSC Cruises, the Company and the Carrier shall have the full benefit of all such provisions relating to the limitation of liability.
17. Itinerary / Right to Change
18. Passenger's Responsibility
19. Flights
20. Complaints
20.3 Complaints under EU Regulation. 1177/2010 concerning accessibility, cancellation or delays must be made to MSC Cruises within two (2) months from the date the service was performed. The Carrier shall respond within 1 month to advise whether the complaint is substantiated, has been rejected or is still being considered. A final reply shall be provided within two (2) months. The Passenger shall provide such further information as may be required by MSC Cruises to deal with the complaint. If the Passenger is not satisfied with the response, then it may complain to the relevant enforcement body in the country of embarkation. . See http://ec.europa.eu/transport/sites/transport/files/themes/passengers/maritime/doc/2010_1177_national_enforcement_bodies.pdf. For ex UK Cruises a complaint must be made to the voluntary complaints authority before a complaint can be made to the MCA which is the enforcement authority. MSC Cruises will advise you of the relevant voluntary complaints handling body in its letter dealing with your complaint.
20.4 We are a member of ABTA, membership number Y1379. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you ABTA’s scheme for the resolution of disputes arising out of, or in connection with this contract which is approved by the Chartered Trading Standards Institute. The scheme is a simple and inexpensive method of arbitration on documents alone with restricted liability on you for costs. The upper limit on claims is £5,000 per person and £25,000 per booking form. If we can’t resolve your complaint, go to www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com. You can also access the European Commission Online Dispute (ODR) Resolution platform at http://ec.europa.eu/consumers/odr/. This ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved.
21. Consumer protection
21.2 The Company complies with the bonding requirements of the Civil Aviation Authority, CAA licence number (4316), which protects all of its Holiday Packages sold with flights. As of 1st November 2009, the Air Passenger Duty, which is payable by all Passengers departing from UK airports, is included in the price of the Holiday Package. In the unlikely event of the Company’s insolvency the Civil Aviation Authority will ensure that Passengers are not stranded abroad and will arrange to refund any money paid to the Company for an advance booking. For further information visit the ATOL website at www.atol.org.uk. Please note that all monies paid by the Passengers to their Travel Agent are held by the Travel Agent as agent for the Company, after confirmation of the booking by the Company. Under these schemes the Passenger’s money is protected in the unlikely event that the Company should cease to trade and the same scheme provides for the Passenger’s repatriation in that event.
21.3 The Company or the suppliers of the services the Passenger has bought will provide the Passenger with the services he has bought (or a suitable alternative). In some cases, where neither the Company nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide the Passenger with the services he has bought or a suitable alternative (at no extra cost to the Passenger). the Passenger agrees to accept that in those circumstances the alternative ATOL holder will perform those obligations and the Passenger agrees to pay any money outstanding to be paid by the Passenger under the contract to that alternative ATOL holder. However, the Passenger also agrees that in some cases it will not be possible to appoint an alternative ATOL holder, in which case the Passenger will be entitled to make a claim under the ATOL scheme (or the Passenger’s credit card issuer where applicable).
22. Data Protection
and advisors and the Passenger’s medical insurers. Personal Data shall only be kept for as long as is necessary or required by law.
23. Variation
24. Smoking Policy
25. Liability of Employees Servants and Subcontractors
and he Company has no direct control over the Shore Excursion providers and their services hence in no case whatsoever will MSC Cruises or the Company be held liable for loss, damages and injuries suffered by the Passenger as a result of the negligence or otherwise of the Shore Excursion providers. MSC Cruises will exercise reasonable skill and care in the selection of a reputable Shore Excursion provider. In assessing performance and/or liability of Shore Excursion providers, local laws and regulations will apply. Shore Excursions shall be subject to the Shore Excursion provider’s terms and conditions including the benefit of any limitation of liability and the level of damages. MSC Cruises’ liability shall never exceed that of the Shore Excursion provider.
26. Law and Jurisdiction
27. Errors Omissions and Changes
Since the Booking Terms & Conditions applicable to the single Cruise or Holiday Package are those in force at the time of completing the Booking, irrespective of those published in the relevant Company’s brochure, it is recommended to check with the Agent or by visiting the Company’s Official website for the most up to date Booking Terms & Conditions.
ADDITIONAL PROVISIONS APPLICABLE TO THE BOOKING TERMS AND CONDITIONS AND THE CONDITIONS OF CARRIAGE DUE TO COVID 19 EMERGENCY
1. Safety Measures adopted by the company
With the aim to guarantee Passenger’s health and safety during the cruise, the Company developed a set of procedures to be followed during the entire cruise, starting from the booking process until the final disembarkation from the ship (also below referred to as the “ MSC Cruises’ Health & Safety Protocol”).
For safety reasons, the Carrier and/or the Master have the right to refuse boarding or order disembarkation of any Passenger whose conduct is in breach of such procedures, as well as to any Passenger who, according to the medical staff of the ship, is not fit to travel based on the outcome of a medical screening and evaluation.
Passengers are therefore asked to carefully read, acknowledge and accept the following measures
- a) booking and embarkation process
At the moment of booking, the Passenger shall provide the Company with the contact details (mobile number and the email address) of each individual included in the Booking.
The Company shall provide passengers with precise instructions regarding the preparation of the luggage to be embarked on board the ship. Passengers are invited to wear a mask and bring with them a sanitizing gel on their way from home to the ship.
Each Passenger named in the Booking will be asked to fill in and sign a mandatory health questionnaire received with the cruise ticket and to be provided to the medical staff at the berth not earlier that 6 hours before embarkation. Parents or legal guardians are responsible for filling in the questionnaire related to underage children traveling with them. At embarkation, passengers will be asked to confirm that their health conditions, as previously declared in the health questionnaire, remained unaltered.
Depending on the evolutions of the MSC Cruises’ Health & Safety Protocol as well as the guidelines from national and international Health Authorities, Passenger may be required to undergo a COVID19 test before embarkation. Conditions about the relevant timing and type of test vary according to itinerary and international mobility restrictions. Proof of tests results will be required at embarkation. Should the test result be positive, Passenger will be denied embarkation and will be provided with shore assistance. Any relevant further details shall be timely communicated by the Company through its usual communication channels.
Passengers are required to arrive on the pier according to the time schedules indicated on their cruise ticket in order to reduce the risks of mass gatherings.
Before boarding the ship and at each time of embarkation after a shore excursion, each Passenger will undergo a temperature screening. In case of temperature equal or above 37.5 degrees/99.5 F° boarding will be denied on the grounds of safety. Passengers may be subject to further testing and medical evaluation until cleared for boarding. Should the medical staff deem that the Passenger is not fit to travel, Passenger will be denied embarkation and will be provided with shore assistance.
- b) during the cruise
i. daily checks and medical assistance
While on board, Passengers shall be subject to daily temperature checks and/or any other health and safety measures ( a test ) as deemed appropriate by the Company, the ship’s doctor or the Master.
Passengers who developed symptoms or a fever are asked to immediately call the Medical Center of the ship from their cabin. Passengers will be asked to share previous travel history and will be isolated. The same actions will apply to close contacts staying in the same cabin and family members. In case of suspected symptoms, Passengers are encouraged to contact the Medical Centre for assistance.
The ship’s doctor reserves the right to request the Passengers to remain in their cabin and/or to disembark in presence of symptoms associated to COVID-19.
Free medical assessments for any COVID-19 related symptoms will be available throughout the cruise.
ii. social distancing and main measures of prevention
Passengers shall abide by the measures prescribed by the Company to implement social distancing between passengers - as well as between passengers and crew- in all public spaces in accordance to the guidelines given by the Authorities.
In addition to maintaining social distancing, unless otherwise stated in onboard signage, Passengers shall be required to always wear face masks in the indoor public areas, except when seated in bars and restaurants. When outdoor, face mask is mandatory only when a safe distance cannot be maintained, unless onboard signage states differently. Passengers shall be asked to frequently wash hands with soap and water or hand sanitizer and avoid touching the nose, eyes and mouth without previously washing hands. It is requested to practice correct etiquette if coughing or sneezing and maintain social distance or use face masks when it is not possible to keep physical distance.
Onboard services may be subject to changes based on local regulations or other restrictions adopted or referred to the COVID-19 situation.
iii. entertainment activities
All entertainment activities shall be organized according to specific protocols to be followed on board, including but not limited to, cleaning and disinfection of the materials, limiting number of participants, social distancing, wearing of face mask.
The Company reserves the right to cancel any on board event where, based on its discretion, it considers that there is a risk of COVID-19 infection.
- c) Shore excursions
With the aim to protect passenger’s health, reduce its risk of infection while ashore and make sure that every aspect of the passenger’s experience during an excursion is fully in line with the on-board standards of health and hygiene, getting off the ship during a port call is permitted only in a context of a Shore Excursion organized by MSC Cruises.
The Company reserves the right not to admit on board any Passenger who disembarked the ship on its own in breach of the above rule. When ashore, Passengers are required to strictly adhere to the measures adopted by the tour guide and prescribed by the local Authorities.
2. Insurance
Each Passenger is required to have in place an insurance policy covering, from the time the Holiday Package has been confirmed to the end of the Holiday Package, Covid 19 related risks such as cancellation, interruption, repatriation expenses, quarantine, medical assistance and related expenses, as well as hospitalization.
Passengers will be asked, at embarkation, to provide evidence of their insurance policy in order to verify the details of the insurer, the insured amounts and full details of the COVID-19 insurance coverage. Passengers failing to provide this documentation will be denied boarding.
3. Privacy and Personal Data processing
The data collection and processing is carried out in accordance with the principles of lawfulness, fairness, transparency, purpose and storage limitation, data minimization, data accuracy, and confidentiality and integrity.
The personal data collected and processed for these purposes will not be used for any other purposes and will not be shared with any third party outside the MSC Cruises group, except for (a) enabling guests to use their COVID-19 insurance policy, (b) ensuring guests are provided with relevant medical services in hospital facilities, in case disembarkation is required, (c) ensuring repatriation, where required, and (d) where guest consent has been provided.
To obtain more information about the processing of data required by COVID-19 procedures and to exercise data subject rights, please contact the Data Protection Officer at dpo@msccruises.com.
Terms & Conditions for
Shore Excursions and Special Services
Online Booking Terms & Conditions for Shore Excursions
Please read these terms and conditions carefully before booking an excursion. For shore excursions that are booked online, please check the appropriate check box confirming that you have read and understood the terms and conditions. Please note that if English is not your first language then it is your responsibility to ensure that you have clearly understood these terms and conditions.
As used herein “MSC”, “us” or “we” means MSC Cruises S.A. , and its or their affiliates, subsidiaries, parents and/or vessels. Shore excursions are provided by third independent contractors. MSC will exercise reasonable skill and care in the selection of a reputable Shore Excursion providers. Shore Excursions purchased or booked through this web site, via Sales Agents or onboard any MSC vessel are organized and operated by independent contractors.
MSC shall not be responsible in any way for the services provided by such independent contractors. MSC does not guarantee the performance or safety of the shore excursions offered nor does MSC guarantee the accuracy of shore excursion descriptions or information shown on this website, and MSC disclaims liability for any inaccuracies relating to the shore excursions offered on this website. MSC undertakes no responsibility for and shall not be liable for the misrepresentations, breaches of contract, breaches of statutory duty, negligence or intentional or accidental conduct of any of the shore excursion providers.
MSC has no control over the way the providers of the shore excursions provide their services. Providers of shore excursions available for purchase on this website, via Sales Agents or onboard any MSC vessel have represented to MSC that they carry out their duties in accordance with accepted standards of behavior. MSC undertakes to make no independent assessment of the safety or security of any shore excursion or of the providers of such excursions.
All reasonable care has been taken to ensure that the prices, offers, which are published in relation to any goods and services advertised, are correct at the time of booking. However, if there is an error we reserve the right to correct it as soon as we become aware of it. If any corrective change is not acceptable to you after you have booked, then you will be entitled to a full refund of what you paid for the goods and/or services booked.
MSC will not be responsible for possible variations to the program due to local holidays and/or closing of the sites to be visited and/or any other event (strikes, demonstrations, mechanical breakdowns, etc.), which could prevent from performing the tour in a complete or partial way. The routing and timing of each tour will be reconfirmed onboard. Every shore excursion/tour requires a minimum number of participants and may have a maximum limit of participants. If the minimum number of passengers required is not achieved the excursion may be cancelled. If the language minimum number of passengers booked for an excursion is not met, the tour may be led by a bilingual guide.
You and all members of your party, by booking a place on any excursion where there is a degree of physical exertion involved, confirm that you and all those others who have booked are in good physical and mental condition, with no history or condition such as seizures, dizziness, fainting, heart condition, respiratory problems or back/neck problems, or any other medical condition of body or mind which could make physical exertion or lack of access to immediate medical care hazardous (these examples are not exclusive) or any other illness, infirmity or condition that would preclude you from participating in any excursions that you have selected. You should also make sure that no one in your party who has booked such an excursion is taking medicine that carries a warning about impairment of physical or mental abilities.
If you are pregnant, certain excursions may not be suitable for you. When booking any excursions, it is your responsibility, including any member of your party that has booked an excursion, to make sure that you are fit and well enough to take part in any excursion booked and to take care of yourself whilst on it.
If you participate in an excursion involving water, you should take care in avoiding alcohol and eating a full meal. Where buoyancy aids are provided for an activity they must be worn at all times. Be aware that the sea is unpredictable. Life guards are not always present and there may not be a flag or other system to indicate whether or not it is safe to go in the water. In addition, beach activities may not be supervised or accompanied so take care to satisfy yourself as to the safety of the beach and/or the sea at the time of your excursion. Children must always be supervised by you at all times whist on an excursion, especially near water.
All such activities are undertaken by you and any member of your party that has booked at your/ their own risk and MSC cannot be held liable for any injury, loss, death or damage whatsoever resulting as a consequence. Before booking any activity excursion it is very important, and your responsibility, that you and any member of your party that has booked an excursion to check that your travel insurance covers the specific type of excursion booked.
You or any member of your booking may be prevented from participating in an excursion (whether pre-booked or not), if it is determined that you or any member of your booking is unsuited to undertake the excursion, or if you or they appear to be under the influence of drugs or alcohol. In the event that you are prevented from undertaking the excursion for any of these reasons then you may not be entitled to any refund of the cost of the excursion booked.
The provider of shore excursions may require participants to sign a liability release and/or assumption of risk form before participating in the excursion. Such releases are particularly common in the case of snorkeling or scuba diving excursions.
By taking part to an excursion guests are accepting and committing to follow the instructions and regulations received by the guide.
If you buy the prepaid shore excursion the full payment must be made at the time of booking by credit card. The shore excursions can be booked, modified or cancelled either up to 2 days before cruise departure either on board*. If you cancel the shore excursion booked before cruise commences, no cancellation fees will be applied, provided that such cancellation is done before the departure date and MSC Cruises is notified in writing of your intention to cancel the reservation of the Shore Excursion.
*On board the excursions can be modified up to 48 hours prior to the commencement of the booked shore excursion. If you want to cancel the shore excursion onboard, no cancellation fees would be applied, provided if the cancellation made 48 hours prior to the commencement of the booked shore excursion. Any refund will automatically be posted to your onboard account . Tours involving flights, trains, special events, overland stays, hotel stay and private arrangements are excluded. Other restrictions may apply.
Before booking your Shore Excursion, please confirm and check the relevant box indicating that you have read and understood these terms and conditions. The booking shall be deemed to be successfully complete only upon full payment.
We will confirm your booking by issuing a confirmation receipt by e-mail. We will communicate with you using the email address you have provided. We will assume that your email address is correct and that you understand the risks associated with using this form of communication.
Once we have received and confirmed your reservation, you the ‘Lead Passenger’ will become contractually liable for the goods and services booked.
The Operator may cancel any excursion, should it not reach the minimum number of participants; in this case the reserving passenger will receive a full refund of all money paid for the concerned excursion.
These Terms and Conditions are subject to the Law and Jurisdiction applicable to your cruise Booking Conditions with MSC.
Online Booking Terms & Conditions for Special Services
Please note that if English is not your main language then it is your obligation to ensure that you have clearly understood these booking on line terms and conditions relating to any goods or services offered by any third party before ticking the appropriate box confirming that you have read and understood them.
As used herein “MSC”, “us” or “we” means MSC Cruises SA, their associate or parent companies, subsidiaries and/or vessels. All reasonable care has been taken to ensure that the prices, offers, which are published in relation to any goods and services advertised (hereinafter also referred to as the “Services”), are correct at the time of printing. However, if there is an error we reserve the right to correct it as soon as we become aware of it or to modify prices at any time without notice including after booking.
If any corrective change is not acceptable to you after you have booked, then you will be entitled to a full refund of what you paid for the goods and/or services booked and MSC and supplier shall thereafter be relieved of any further liability of any kind or nature whatsoever.
You accept that, when booking services with any third party goods or services supplier, such as a Spa treatment or parking services, you will be entering into a contract directly with the suppliers of the goods or services. MSC undertakes no responsibility for and are not liable for the misrepresentations, breaches of contract, breaches of statutory duty or negligence of any of the third party suppliers who sell their goods and services through this website or through MSC or whilst on board. We are not responsible or liable for the acts/omissions of the third party suppliers in relation to such goods or services which results in any loss, damage, or injury to you or any member of your party booking or purchasing such goods or services.
You and all members of your party by booking any services confirm that you and all those others who have booked are in good physical and mental condition, with no history or condition such as seizures, dizziness, fainting, heart condition, respiratory problems, back/neck problems, or any other medical condition of body or mind which could make the service you have booked hazardous (these examples are not exclusive). It is your responsibility to make sure that you are fit and well enough to take part in such services and to take care of yourself whilst on it.
You should also make sure that no one in your party who has booked such a treatment is taking medicine that carries a warning about impairment of physical or mental abilities. If you are pregnant some type of treatment may not be suitable for you.
If you have any doubts about your ability to participate in such services, check with your personal physician before booking.
The payment must be made in advance by Credit Card, according to instructions and timings displayed on this website. The booking shall be deemed to be successfully complete only upon full payment. The Services can be booked, modified or cancelled up to 2 days before cruise departure.
Should you cancel any services no cancellation fees will be applied provided that such cancellation is done 2 days before the departure through MSC Cruises website.
You agree on behalf of yourself and all member of your party who have booked any service or have reserved any of the advertised goods to be bound by these terms and conditions before booking your optional extras please confirm and tick the box below. We will confirm your booking by issuing a confirmation receipt together with these terms and conditions by Email. We will communicate with you using the Email address you have provided at the time of booking. We will assume that your Email address is correct and that you understand the risks associated with using this form of communication.
Once we have received and confirmed your booking, you the ‘Lead Passenger’ will become contractually liable for the goods and services booked.
These Terms and conditions are subject to the Law and Jurisdiction applicable to your cruise Booking Conditions with MSC Cruises. You may also further be subject to any specific Law and Jurisdiction in relation to any third party providers’ services or goods that you have purchased and in respect of which that contract is subject to.
