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AGENCY TERMS AND CONDITIONS

These are the Terms and Conditions, which apply to your cruise. Please read them carefully as you will be bound by them.

 

As an Agent of MSC All cruises featured on our Website are offered for sale by MSC Cruises Limited hereinafter referred as the "Company".

In the Conditions (as defined below) the following expressions shall have the meanings defined hereunder: 

  • "Booking" means the steps taken by the passenger to enter into a Contract with the Company. 
  • "Booking Terms & Conditions" means the terms and conditions and the information contained in the relevant Company brochure, the Official Website and/or other information which will form the express terms of your contract with the Company.
  • "Carrier" means the entity who has undertaken the obligation to carry or performs the carriage of the Passenger from one place to the other as indicated in the cruise ticket, airline ticket or other ticket issued for the transport by road and is thereby indicated on such documents as “carrier”. Carrier includes the owner and/or the charterer and/or operator and/or their servants and/or agents of any transport provider.
  • "Company" means MSC Cruises Limited  whose registered address is Queen House, 55-56 Lincoln’s Inn Fields, London WC2a 3LJ which organises Cruises and/or packages and sells or offers them for sale, whether directly or through a Sales Agent.
  • "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 the Company and the Passenger relating to the relevant Cruise or Package which is evidenced by the issue of the confirmation invoice sent by the Company or its Sales Agent to the passenger.
  • "Cruise" means the cruise as described in the relevant Company brochure, the Official Website or other documentation produced for or on behalf of the Company.
  • "Disabled Person" or ‘Person with Reduced Mobility’; means any person whose mobility when using transport 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 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 .
  • "Grand Tour" means the combination of two or more Cruises prearranged by the Company and offered for sale as a single Package. For any relevant purposes, the Grand Tour shall always be considered as a single and indivisible Package.  All terms and references to a Cruise and or Package shall include and be equally applicable to a Grand Tour unless otherwise stated. References to price are references to the total price paid for the Grand Tour.
  • "Official Website" means the set of related web pages, documents and hypertext links served from the web domain www.msccruises.co.uk
  • "Package" means the cruise, and flight(s) and or any pre-cruise and/or post-cruise arrangement for accommodation. It does not include shore excursions or shuttle services which do not form part of the inclusive Package price.
  • "Passenger" means each and every person named either on the Booking confirmation or on the invoice or on a ticket issued by the Company.
  • "Sales Agent" means the person who sells or offers for sale the Cruise or Package put together by the Company, or on behalf of the Company.
  • "Shore Excursion" means any excursion, trip or activity ashore that is not included as part of the all-inclusive price of the Cruise and is offered for sale by the Company on-board its vessels.

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BOOKING PROCEDURES

1.1 In order to proceed with a Booking, the Passenger must contact Cruisingpackages-  the Company’s authorised agent or representative.
1.2 By Booking for a Cruise or 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 Conditions and that he/she has authority to accept these Booking Conditions on behalf of all the persons named on the Booking request and invoice.
1.3 At the time of booking a non-refundable deposit of £250 per person for cruise holidays (including for infants up to 2 years) is due and payable by the Passenger at the time of booking.
1.4 A Booking will be completed and the Contract will be effective only when the Company accepts the booking by sending a confirmation invoice to the Passenger or to the Passenger’s Sales Agent.

 

CONTRACT

Every Cruise is subject to availability at the time of booking. No Contract shall be made until the deposit or full amount is paid and the confirmation invoice provided to the Passenger. Full payment is required no later than 63 days prior to departure. If the booking application is made within 63 days prior to departure, then full payment must be sent at the time of Booking. If any Passenger fails to pay the balance 63 days prior to departure, the Company has the right to cancel the booking without notice and levy cancellation charges in accordance with ‘Booking changes requested by the Passenger’ clause, whether the Cruise is resold or not.

 

PRICE

No change to the Contract price will be made within the 20-day period before departure or once full payment has been received by the Company.
 
The Company reserves the right to modify the Contract price at all times prior to those detailed in clause 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
 
Variations may be upwards or downwards. For paragraph a) any variation of the Package price will be equal to the extra amount charged by the airline. For paragraph b) any variation of the 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 Package price will be equal to the full amount of the fees.
 
If the increase would be 2% or less of the holiday price shown on the Passenger’s Confirmation Invoice (excluding insurance premiums and any amendment charges), the Company will absorb the changes in its costs and will only pass on to the Passenger any increase above that level.  If any change in the Company’s costs would cause a reduction in the Passengers holiday price, the Company will not make refunds of amounts less than 2% of Passenger’s holiday price but it will refund in full amounts exceeding such 2% after deducting an administration charge of £25.00. 
 
If the increase amounts to more than 10% on the total Contract price, the Passenger will be entitled to cancel the Contract with a full refund of the Contract price. Such refund does not include insurance premiums paid which are in no case refundable.
To exercise the right to cancel the Passenger must notify the company in writing within 7 days of receiving the price increase notification.
 
 
CABINS / PREFERENCES

Specific cabin numbers, decks, dining arrangements or bed types can be requested  at the time of booking. However, these arrangements cannot always be guaranteed.  When a complimentary upgrade is offered, our guests will benefit from the higher  category cabin, and continue to receive the experience benefits booked (precruise or on-board). 

 

INSURANCE

The Company recommends that every passenger undertakes an adequate insurance policy which covers them sufficiently from the time the holiday has been confirmed as booked to the end of the cruise.


PASSPORT

Passengers must hold fully valid passports for the whole duration of the cruise and the expiry date must be at least 6 months after the return date. Certain countries insist on machine-readable and digital photo passports, especially Russia and USA. The Company is not responsible for obtaining visas for any Passenger, this is the responsibility of the individual Passenger.  

 

FITNESS TO TRAVEL 

The safety of all Passengers is of paramount importance to the Company, 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.
 
The Company has the right to require the Passenger to produce medical certificates supporting the fitness to travel. 
 
Any Passenger with a condition that may affect fitness to travel taking into account the vessel’s itinerary must submit a doctor’s certificate prior to booking.
 
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 land 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 on-board 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 the Company nor the Carrier shall be liable for any loss, expense or compensation to the Passenger.
 
Where a Passenger is assessed as unfit to travel and refused embarkation then neither the Company nor the Carrier has any liability to the Passenger.
 

Pregnancy
 
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. The Company and/or the Carrier does not have on board any of the cruise vessels adequate medical facilities for childbirth. The Company cannot accept a booking or carry any Passenger who will be 24 weeks pregnant or more by the end of the Cruise. 
 
The Company expressly reserves the right to refuse boarding rights to any Passenger who appears to be in any advanced state of pregnancy and shall have no liability in respect of such refusal.
 
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 the above clause then, the Company will offer the Passenger the choice of booking another Cruise from the 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.
 
 
DISABILITY / IMPAIRED MOBILITY
 
The Company’s priority is always the comfort and safety of its Passengers and in order to achieve this the Passenger is asked at the time of booking to provide as much detail as possible of the matters given below so that the Company can consider its obligation to carry the Passenger in a safe or operationally feasible manner, taking into account any issues relating to the design of the passenger ship or port infrastructure and equipment including port terminals which may make it impossible to carry out the embarkation, disembarkation or carriage of the Passenger which may have an impact on the Passengers safety and comfort.
 
The Passenger is asked to provide full details at the time of booking if the Passenger is unwell, infirm, Disabled or has Reduced Mobility. The Passenger is asked to provide full details at the time of booking:
  • If the Passenger requires a special Disabled cabin, since there is a limited number of these available and since the Company would like to, wherever possible, accommodate the Passenger so that the Passenger is comfortable and safe for the duration of the cruise.
  • If the Passenger has any special seating requirements.
  • If the Passenger needs to bring any medical equipment on board.
  • If the Passenger needs to bring a recognised assistance dog on board the vessel. Please note that assistance dogs are subject to national regulations.
Where the Company considers 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 Person or Persons with Reduced Mobility to be accompanied by another person who is capable of providing the assistance required by the Disabled Person or Person with Reduced Mobility. This requirement will be based entirely on the Company 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 and must also be accompanied by a travelling Passenger fit and able to assist them.
 
If the Passenger has any particular conditions, 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.
 
If after careful assessing the Passenger’s specific needs and requirements, the Company concludes that the Passenger cannot be carried safely and in accordance with applicable safety requirements then the Company can refuse to accept a booking or embarkation of a Disabled Person or Person with Reduced Mobility on the grounds of safety.
 
The Company reserves the right to refuse to carry any Passenger who has failed to adequately notify the Company of any Disabilities or needs for assistance in order for the Company 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 the Company under clauses specified in these Terms and Conditions then the Passenger must provide a complaint in writing with all supporting evidence to the Company and the matter will be considered by a Senior Manager.
 
The Company reserves the right to refuse to carry any Passenger who in the opinion of the Company 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.
For the safety and comfort of the Passenger, if the Passenger becomes aware between the date of booking the Package and the date of commencement of the Package that he/she will require special care or assistance as detailed above the Passenger is asked to inform the Company immediately so that the Company can make an informed assessment whether or not the Passenger can be carried in a safe or operationally feasible manner.
 
Infirm Passengers or Passengers with wheelchairs or 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. 
 
Any Passenger with a condition that may affect fitness to travel taking into account the vessel’s itinerary must submit a doctor’s certificate prior to booking.
 
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 land 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 on-board 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 the Company nor the Carrier shall be liable for any loss, expense or compensation to the Passenger.
 
Where a Passenger is assessed as unfit to travel and refused embarkation then neither the Company nor the Carrier has any liability to the Passenger.

 

MEDICAL ASSISTANCE

Passengers are strongly recommended to have comprehensive travel health insurance covering medical treatment and repatriation costs and expenses. 
 
In compliance with Flag State requirements, there is a qualified Doctor on-board and a medical centre equipped for first aid and minor conditions only. The Passenger hereby acknowledges and accepts at the time of Booking that the medical centre is not equipped as a land based hospital and the Doctor is not a specialist. Neither the Company, nor the Carrier, nor the Doctor shall be liable to the Passenger as a result of any inability to treat any medical condition as a result.
The Passenger acknowledges that whilst there is a qualified Doctor on-board the vessel, it is the Passenger’s obligation and responsibility to seek medical assistance if necessary during the cruise and will be responsible to pay for on-board medical services.
 
In the event of illness or accident, Passengers may have to be landed ashore by the Company, the Carrier and/or the Master for medical treatment. Neither the Carrier nor the Company 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 the Company nor the Carrier makes any representations or warranties in relation to the standard of medical treatment ashore.
 
The Doctor’s professional opinion as to the fitness of the Passenger to board the vessel or to continue the cruise is final and binding on the Passenger.
 
 

It is recommended that medical advice is sought before booking for children up to 12 months of age. For the avoidance of doubt the provisions and the requirement of fitness to travel are applicable to all passengers including infants.


BOOKING CHANGES

The Passenger is entitled to request a transfer of his booking to a third party provided that:
(i) the third party satisfies all the conditions for the use of the service; and
(ii) a written request is 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 the Company to pay the price of the Cruise/Package and any additional cost that may arise as a consequence of the change in passenger. The third party shall be bound by these terms and conditions including any cancellation charges that may arise after transfer of the booking. 
After the confirmation invoice has been issued, the lead Passenger is able to request an exchange, subject to availability, of the purchased Cruise/Package (“Original Cruise/Package”) with another cruise of the same annual programme (“New Cruise/Package”) on the following conditions:
 
(i) the date of departure of the New Cruise/Package is later than that of the OriginalCruise/Package;
(ii) the request for the substitution of the New Cruise in place of the Original Cruise is received by the Company not later than 14 working days before the date of the scheduled departure of the Original Cruise/Package and there is availability of spaces on the New Cruise/Package; and (iii) Passengers may only request one exchange per booking and
(iv) the itinerary for the New Cruise/Package refers to the same destination as the Original Cruise/Package as defined in the relevant brochure (or website).
 
If the conditions stated above in this clause are met, the substitution of the Original Cruise/Package with the New Cruise/Package will in any case be subject to €50 administration fee per change. In addition to the administration fee mentioned above, if the price of the New Cruise/Package is higher than that of the Original Cruise/Package, the difference in price will be borne exclusively by the Passenger. If the new cruise is of lower value the difference (no more than 25%) will be offered as onboard benefits (such as: credit, upgrade, drinks packages, etc.). When a complimentary upgrade is offered, our guests will benefit from the higher category cabin (from Bella to Fantastica for example), but do not receive the benefits (pre-cruise or onboard).Where the passenger requests a substitution of the Original Cruise/Package with the New Cruise/Package less than 14 days before the Original Cruise/ Package, then cancellation fees will apply; cancellation fees will be based on the price due (as per above provisions) and the scale provided under ‘Cancellation by the Passenger’ clause according to the Original Cruise departure date.
 
If the conditions stated above are met, the name and cruise change will in any case be subject to the following administration fee per passenger and per change:
 
Until November 2016

 

'Experience

Timing

Name Changes

Sailing Changes

BELLA

Up to 63 days prior to departure

£50 per change

£100 per change

62 to 14 days prior to departure

£100 per change

£100 per change

<14 days prior to departure

Considered as cancellation (80-100%)

Considered as cancellation (80-100%)

FANTASTICA 

AND

WELLNESS

Up to 14 days prior to departure

Free*

£50 per change

<14 days prior to departure

Considered as cancellation (80-100%)

Considered as cancellation (80-100%)

AUREA

Up to 14 days prior to departure

Free*

£50 per change

<14 days prior to departure

Considered as cancellation (80-100%)

Considered as cancellation (80-100%)

YACHT CLUB

Up to 14 days prior to departure 

Free*

£50 per change

<14 days prior to departure

Considered as cancellation (80-100%)

Considered as cancellation (80-100%)

 

*Requests for name changes will be free only once for Fantastica, Aurea and Yacht Club; however, any further requests of name change will be subject to the same fee as Bella

 

 

From December 2016:

 

EXPERIENCE NAME CHANGES SAILING CHANGES

BELLA 

Up to 7 working days prior to departure - £50 per change* Up to 14 working days prior to departure - 
£100 per change**


FANTASTICA, WELLNESS & AUREA 

Up to 7 working days prior to departure - £50 per change* Up to 14 working days prior to departure - 
£50 per change**
MSC YACHT CLUB Up to 7 working days prior to departure - £50 per change*

Up to 14 working days prior to departure - 
£50 per change**

 

*<7 days prior to departure is considered as cancellation (80-100%)

**<14 days prior to departure is considered as cancellation (80-100%)

 

 

The Company will make reasonable endeavours to comply with the Passenger requests for changes to flight, transport or other services arrangements and adapt them to the New Cruise/Package. This may not be possible and those carriers may treat the requested changes as cancellations and require payment in full for the booked services. In no case whatsoever will the Company be held liable for change requests that cannot be satisfied. Before any change can be made the lead Passenger must agree to any additional charges made by the providers of these services.

 

Name or date changes are not always allowed by airlines and other transport or services providers whenever they are made. Most airlines 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 airlines or other third party providers will be exclusively for the Passenger’s account.

 

Save as provided above, other changes to Bookings 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 per person per amendment. Any additional cost that may arise as a consequence of the change will be exclusively for the Passenger’saccount.

 

Requests of amendments to the Booking received by the Company within the above time limits will be treated as cancellations and the cancellation charges detailed in ‘Cancellation by the Passenger’ grid below will apply. 

In case the changes requested by the passengers entail the issue of new Cruise tickets, further to the above mentioned fees an amount of £25 per cabin will be charged to cover the extra costs.

 

Packages: In case of additional packages associated to the booking (e.g. beverage package), these will be updated with the new Guest name. 

 

CANCELLATION

Cancellation of booking must be requested in writing (registered letter, email or fax) to the Company or via the Passenger’s Sales Agent. All tickets issued and the confirmation invoice must be returned together with the notice of cancellation.
 
To cover the estimated loss incurred by cancellation, the Company will levy cancellation charges in accordance with the following scale:
 
From Summer 16 – Winter 16/17
 
Cruises <15 Nights 
  • More than 63 days before departure – Loss of Deposit 
  • 62 to 42 days before departure – 25%* 
  • 41 to 29 days before departure – 40%* 
  • 28 to 15 days before departure – 60%* 
  • 14 to 4 days before departure – 80%* 
  • 3 to 0 before departure – 100%* 
 
Cruises >15 Nights 
  • More than 93 days before departure – Loss of Deposit 
  • 92 to 72 days before departure – 25%* 
  • 71 to 59 days before departure – 40%* 
  • 58 to 45 days before departure – 60%* 
  • 44 to 4 days before departure – 80%* 
  • 3 to 0 before departure – 100%* 
 
From Summer 17 – Winter 17/18 

Cruises <15 Nights 
• More than 63 days before departure – £100*
• 62 to 30 days before departure – 25%* 
• 29 to 22 days before departure – 40%* 
• 21 to 15 days before departure – 60%* 
• 14 to 6 days before departure – 80%* 
• 5 to 0 before departure – 100%* 
 
Cruises >15 Nights 
• More than 93 days before departure – £100*
• 92 to 60 days before departure – 25%* 
• 59 to 52 days before departure – 40%* 
• 51 to 35 days before departure – 60%* 
• 34 to 15 days before departure – 80%* 
• 15 to 0 before departure – 100%* 
 
 
*or loss of deposit whichever is greater (£100 for cruise only: £250 for fly/cruise) 
**“No show” upon departure and Package breaking shall be dealt as a cancellation on the day of departure.
 
Where a cancellation results in a single occupancy or any cabin remains the Company will levy to the withdrawing Passenger charges, which in any case will not be lower than £100.00, in addition to the insurance premium; In addition the Passenger occupying the cabin for single use will also bear a 100% single surcharge, or any lower single surcharge the Company will be levying at that moment to any single cabin booking.
It may be possible for the Passenger to claim these cancellation charges from his/her travel insurance provider, subject to any applicable deductibles. It is the passenger’s responsibility to make such a claim under the terms of his/her insurance policy.
The Passenger may request the cancellation of a Grand Tour, but such a cancellation shall always apply to the whole package. All the relevant time limits run from the schedule date of departure of the first Cruise of the Grand Tour.
Should the Passenger cancel or modify any service booked (Spa packages/drinks packages/etc.), he/she will be charged with a fee according to the scale specified in the service description. Unless otherwise stated, no charge will be applied.
Should the Passenger cancel or modify the Shore Excursions booked, no charge will be applied if MSC is notified of the cancellation or change no later than 4 days before the day of embarkation. 
 
Should MSC be notified of the cancellation or change later than 4 days before the day of embarkation, the Passenger may be subject to a 100% cancellation charge.
 
 
COMPANY CANCELLATION
 
The Company reserves the right to cancel any Cruise at any time by giving written notice to the Passenger.
 
If the cancellation is by virtue of a Force Majeure and/or due to any unusual or unforeseeable circumstances beyond the Company’s control, the consequences of which could not have been avoided by the Company even though it has exercised all due care, the Company will offer the Passenger the choice of:
 
a) receiving a full refund of all money paid; or 
b) booking another Cruise from the brochure and/or from the Official Website of equivalent or superior quality at no extra cost, if available; or 
c) booking another Cruise from the brochure and/or from the Official Website of lower quality, if available, with a refund of the difference in price.
 
If the cancellation is due to reasons other than those indicated above, the Company will offer the Passenger the same choices as detailed above.
 
The Passenger’s decision must be notified to the Company in writing or via their travel agent within 7 days of the notice of cancellation.
 
 
COMPANY LIABILITY
 
The Company accepts responsibility for death, injury or illness caused by the negligent acts and or omissions of it and anyone who supplies services, which form part of the Package. 
 
The Company limits its liability, where applicable, by the conventions mentioned in ‘Booking Changes Requested By The Passenger’. The liability of the Company toward the Passenger is governed also by the International Conventions mentioned hereunder which provide limitations of liability of the Carrier. The Company is 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 the Company and/or anyone who supplies services which form part of the 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 the Company and/or anyone who supplies services which form part of the Cruise could not even with all due care have foreseen or forestalled.
For claims not involving personal injury, death or illness or which are not subject to the conventions referred to in ‘Booking Changes Requested by the Passenger’ inclusive, the Company’s liability for improper performance of the Contract shall be limited to a maximum of twice the price which the affected Passenger paid for the Cruise (not including premiums and amendment charges).
All carriage (by land, air and sea) is subject to the Conditions of Carriage of the actual Carrier. These may limit or exclude liability. They are expressly incorporated into the Contract and are deemed to be expressly accepted by the Passenger at the time of booking. Copies of these terms and conditions are available on request from the Company.
Carriage of passengers and their luggage by air is governed by various International conventions (“the International Air Conventions”), including the Warsaw Convention 1929 (as amended by The Hague Protocol 1955 or the Montreal Protocol 1999 or otherwise) or the Montreal Convention 1999. To the extent that the Company may be liable as a non-performing air carrier to Passengers in respect of carriage by air, the terms of the International Air Conventions (including any subsequent amendments and any new convention which may be applicable to a Contract for a Cruise between the Company and a Passenger) are expressly incorporated into these Conditions. The International Air Conventions fix limitations of liability of the Carrier for death and personal injury, loss of and damage to luggage and delay. Any liability of the Company toward the Passenger arising from a carriage by air is subject to the limitation of liability provided by said Conventions. Copies of these conventions are available upon request.
 
 
 
Carriage of Passengers and their luggage by sea shall be governed by EU Regulation 392/2009 ( hereinafter the PLR)   and where applicable the Athens Convention 1974 and where applicable after 23 April 2014 the Athens Protocol 2002  (hereinafter jointly referred as “the Athens Convention”) The PLR and where applicable the Athens Convention are expressly incorporated into these Conditions and any liability of the Company and/or the Carrier for death or personal injury or for loss of or damage to luggage arising out of carriage by sea shall be solely determined in accordance with the PLR and where applicable the Athens Convention. The PLR and where applicable the Athens Convention limit the Carrier’s liability for death or personal injury or loss of or damage to luggage and makes special provision for valuables. It is assumed that luggage has been delivered undamaged to the Passenger unless the latter gives written notice to the Company or Carrier in the following terms:
a) In case of apparent damage, before or at the time of disembarkation or redelivery; or
b) In case of damage which is not apparent or of loss, within 15 days from the date of disembarkation or redelivery or from the time when such redelivery should have taken place.
Any damages payable by the Company up to the  PLR and where applicable the Athens Convention limits shall be reduced in proportion to any contributory negligence by the Passenger and by the maximum deductible specified in Article 8 (4) of the Athens Convention. Copies of the Athens Convention are available from the Company upon request.
Insofar as the Company may be liable to a Passenger in respect of claims arising out of carriage by air, land or sea, the Company shall be entitled to all the rights, defenses, immunities and limitations available, respectively, to the actual Carriers (including his own terms and conditions of carriage) and under the PLR and where applicable the Athens Convention, and nothing in these Conditions shall be deemed as a waiver thereof.  If any term, condition, section or provision becomes invalid or be so judged, the remaining terms, conditions, sections and provisions shall be deemed severable and shall remain in force.
The Company’s liability will not at any time exceed that of any Carrier under its Conditions of Carriage and/or applicable or incorporated conventions.
Except for claims arising out of carriage by air, any liability in respect of death and personal injury and loss of and damage to luggage which the Company may incur to the Passenger, whether under the Contract in accordance with these Conditions or otherwise, shall always be subject to the limits of liability contained in the PLR  and Athens Protocol 2002  Where there is a shipping incident as defined by the PLR: the passenger has a right to compensation from the Carrier or the Carrier's insurance provider of up to 250.000 SDRs in any event, with the exception of circumstances beyond the Carrier's control (i.e. act of war, natural disaster, act of a third party). Compensation can go up to 400.000 SDR unless the carrier proves that the incident occurred without his fault or neglect. In the case of a non on-shipping incident: the passenger has a right to compensation from the Carrier of up to 400.000 SDR, if the Passenger  proves that the incident was the result of the Carrier's fault or neglect.  The limits for death /personal injury under the Athens Convention 1974. are 46 666 SDRs per passenger
 
 
 
Further information concerning the PLR and where applicable the Athens Convention and its full text may be found on the European Commission website (http://europa.eu/legislation_summaries/transport/waterborne_transport/tr0018_en.htm). A summary of the PLR can be found at  http://ec.europa.eu/transport/themes/passengers/maritime/doc/rights-in-case-of-accident.pdf
Limits of liability or cabin luggage are 2250 SDRs per Passenger pursuant to the PLR and Athens Protocol 2002 and 833 SDRS per Passenger pursuant to the Athens Convention 1974. The Company and the Carrier have no liability for valuables unless deposited with the ship’s purser. In which case liability will be limited to 3375 SDRs or 1200 SDRs respectively. References to limits per passenger are per carriage.
Notwithstanding anything to the contrary elsewhere in these Conditions, the Company shall not in any circumstances be liable for any loss or anticipated loss of profits, loss of revenue, loss of use, loss of contract or other opportunity nor for any other consequential or indirect loss or damage of a similar nature.
The liability of the Company is excluded for claims arising out of loss or damage directly or indirectly occasioned by circumstances where performance and/or prompt performance of the Contract is prevented by reason of war, or threat of war, riot, civil strife, industrial dispute whether by the Company’s employees or others, terrorist activity or the threat of terrorist activity, failure of power supplies, health risks or epidemics natural or nuclear disaster, fire or adverse weather conditions or adverse sea states, Passenger’s suicide or attempted suicide or the Passenger’s deliberate exposure to unnecessary danger (except in an attempt to save human life), or the consequences of participating in an unusual and dangerous activity and any other circumstance of any nature whatsoever outside the Company’s control.
Where the Company has any legal liability for loss of or damage to property otherwise than in accordance with the PLR and where applicable the Athens and/or Montreal Conventions then its liability shall not at any time exceed  £500,00 and the Company shall not at any time be liable for money or valuables. Passengers must not pack money or other valuables in their luggage.
 
 
PASSENGER LIABILITY
 
The Passenger has a duty to follow the instructions and orders of the Master and Officers while on-board. The Passenger hereby accepts and agrees that the Master and Officers are entitled and have authority to inspect any person on board, any cabin, baggage and belonging for safety, security or other lawful reasons.
 
The Passenger hereby expressly agrees to allow any such search.
 
Passengers must have received all necessary medical inoculations prior to the cruise and have in their possession all tickets, valid passports, visas, medical cards and any other documents necessary for the scheduled ports of call and disembarkation.
Each Passenger warrants that he/she is physically and mentally fit to undertake the Cruise.
 
The Company and/or the Master have the right of refusing the boarding or order the disembarkation of any Passenger should they deem it necessary, for the safety, security, of the Passenger, of the other Passengers or of the ship or should the Passenger’s conduct which, in the reasonable opinion of the Master, is likely to endanger or impair the comfort and enjoyment of other Passengers on-board.
 
No Passenger shall bring any animals whatsoever, except for recognized service dogs, subject to the information detailed in ‘Persons with Disabilities and Reduced Mobility’.
 
The Company will be under no liability whatsoever to any Passenger in respect of any breach or non-observance by any Passenger of the provisions of this clause and any Passenger shall indemnify the Company against any loss or damage occasioned to the Company or any of its suppliers by such breach or non-observance.
 
Passenger’s behaviour must not affect and reduce the safety, peace and enjoyment of the cruise by other Passengers.
 
Passengers must not bring firearms, ammunition, explosives or flammable, toxic or dangerous substances, goods or articles on-board any vessel, without the written consent of the Company.
 
Passengers shall be liable for any damage suffered by the Company and/or the Carrier and/or any Supplier of any service that forms part of the Package as a result of the Passenger’s failure to comply with his contractual obligations. In particular, the Passenger shall be liable for all damages caused to the vessel or its furnishings and equipment, for injury or loss to other Passengers and third parties, and also for all penalties, fines and expenses attributable by the Passenger that the Company, Carrier or Supplier may be liable to pay. 
 
 
FLIGHTS

Our Contract does not include flights, it is the Passenger’s responsibility to obtain a valid ticket directly from an air carrier suitable for and in time for travel to the vessel (and including local transfers which the Passenger must arrange). The Company shall not be responsible for any liabilities arising in respect of flights or transfers arranged by the Passenger.
 
 
CONSUMER PROTECTION
 
The Company is a member of the Association of British Travel Agents (ABTA) and its consumer protection scheme and is bonded accordingly for all cruises sold in the UK. 
 
The Company complies with the bonding requirements of the Civil Aviation Authority, CAA licence number (4316), which protects all of its cruise 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 your holiday.  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 you to your Travel Agent are held by your Travel Agent as agent for the company, after confirmation of the booking by the Company.  Under these schemes your money is protected in the unlikely event that the Company should cease to trade and the same scheme provides for your repatriation in that event.
 
The Company or the suppliers of the services you have bought will provide you with the services you have 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 you with the services you have bought or a suitable alternative (at no extra cost to you).  You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder.  However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).


COMPLAINTS

Any Passenger with a complaint whilst on a Cruise must bring it to the attention of the Cruise staff on-board as soon as possible. If the Cruise staffs are unable to resolve the problem, any complaint must be notified in writing to the Company within 28 days of the termination of the Cruise. Failure to report the complaint within this time may adversely affect the Company’s ability to deal with it. Complaints relating to any other part of a package must be made promptly to the Company or the supplier.

 

DATA PROTECTION

The Company requires personal information including but without limitation to name, address, gender, citizenship and dietary requirements which may disclose a Passenger’s religious beliefs, any health, medical disability and any other special needs to process the passengers booking effectively.  The Company may pass this information on to other relevant individuals such as travel agents, hotels, airlines or other transport providers, security and/or credit verification companies, credit and debit card companies or any governmental or public authorities, either as required by law or regulation or, if required by other such bodies. The company may also circulate a passenger list to all Passengers prior to the Cruise which will include the names and nationality of each passenger.
 
The Company is entitled to assume that the Passenger consents to such transfer of information, including to other countries which may not have such robust requirements regarding data protection as the UK, unless the passenger objects in writing to the Company no later than seven days prior to the scheduled departure date.
 
It is your responsibility to make sure that information, which the company holds about you is up to date and accurate.
 
Our Data Protection Policy is set out in our Privacy Policy which is incorporated into these terms. 
 

SMOKING
 
MSC Cruises respects the needs and desires of all Guests, and we have considered carefully the subject of those who smoke and those who do not. In compliance with global standards, smoking is freely permitted in dedicated areas throughout the ship and equipped with a special air extraction system. 
 
In principle, smoking is not permitted in any food service areas (buffets and restaurants, the medical centres, child-care areas, corridors or elevator foyers, areas where Guests are assembled in groups for safety exercises, disembarkation or tour departures, public toilets, or in bars close to areas where food is served. 
 
The Company highly recommends Passengers avoid smoking in the cabins because of the risk of fire. Smoking on the cabin balconies is not allowed. 
 
Smoking is permitted in several bars on each ship, and on one side (indicated by signage) of the principal outer pool deck areas, where ashtrays are provided. 
 
Throwing cigarette butts over the side of the ship is prohibited.
 
 
EMPLOYEES, SUBCONTRACTORS & SERVANTS

It is hereby expressly agreed that no servant or agent of the Company and/or the Carrier, including the Master and crew of the cruise vessel concerned including independent subcontractors and their employees as well as the underwriters of these parties shall in any circumstance whatsoever be under any liability whatsoever beyond these Booking Conditions and these parties may invoke these General Booking Conditions and the Conditions of Carriage to the same extent as the Company and/or the Carrier.
 
Shore Excursions are operated by independent contractors even if sold by Sales Agents or on board the cruise ship. MSC shall not be responsible in any way for the services provided by such independent contractors. The Company operates as mere agent for the Shore excursion provider. The Company has no direct control over the shore excursion providers and their services hence in no case whatsoever will 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. The Company 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.

LAWS & JURISDICTIONS
 
These Terms and Conditions are subject to English Law and the exclusive jurisdiction of the Courts.  Any action, suit or proceedings against the company and/or its employees shall, unless the Company expressly agrees otherwise in writing be brought in the English Courts and shall be subject to English law.
 
 
ERRORS CHANGES & OMISSIONS
 
Every effort has been made to ensure accuracy of the brochure and/or of the Official Website content but certain changes and revisions may take place after the printing of the brochure and/or the publishing of the Official Website. It is recommended to check with the travel agent or by visiting the Company’s website for the most up to date terms and conditions.