GENERAL MSC CRUISES TERMS AND CONDITIONS

All travel services featured in the Company’s brochure and/or in the Official Website are advertised for sale by MSC Cruises S.A. (“MSC Cruises”). When we confirm your Booking, you will be entering into a Contract with MSC Cruises for the supply of each travel service to you.

 

1.1 MSC Cruises (Australia) Pty Ltd, hereinafter referred to as the “Company”, provides a booking service for Passengers wishing to book a Holiday Package with MSC Cruises.

 

1.2 When making your Booking the role of the Company is limited to the Company’s Services, however, any enquiries regarding your Booking, Holiday Package, MSC Cruises’ Services, cancellations and refunds may be directed to the Company. Certain laws such as the ACL, the CGA and any applicable state-based consumer legislation (Consumer Laws) are in place for your protection. As the Company helps you to combine and purchase Holiday Packages, the Company will have certain obligations to you under the Consumer Laws.

 

1.3 These Booking Terms & Conditions: (a) apply to the supply of Services listed on the Passenger’s itinerary from the date that you accept these Booking Terms & Conditions; and (b) do not alter any rights or protections granted to you under the Consumer Laws.

 

1.4 You accept these Booking Terms & Conditions (and applicable World Cruise terms and conditions stated on the Official Website), when you submit a Booking Request for any Holiday Package to the Company (or a Booking is made on your behalf pursuant to clause

A Contract is formed between MSC Cruises and the Passenger upon the Company or the Passenger’s Agent sending the booking confirmation to the Passenger.

 

1.5 If you make a Booking on behalf of a third party, you warrant that you have the authority of that third party to make the Booking on his or her behalf and that that third party has read and has the authority to accept these Booking Terms & Conditions on behalf of that third party leading to a breach of these Booking Terms & Conditions as the third party is deemed to be a party to these Booking Terms & Conditions pursuant to this clause 1.5.

 

1.6 If a passenger or his/her representative (other than an Agent) books MSC Cruises Services directly with the Company, the passenger or his/her representative may deal with the Company in relation to those services as well as in relation to making amendments, requesting refunds, cancellations and any other related issues or claims.

 

1.7 If a passenger, or his/her representative, books MSC Cruises Services through an Agent, any amendments or enquiries on the Booking will need to be made by the Agent (unless otherwise agreed). We note that your Agent may have different cancellations, refund and other terms and conditions that may apply to you and any refunds will be issued back to the Agent (unless otherwise agreed) where applicable and in accordance with the ACL.

 

1.8 If an Agent makes a Booking, the Agent must provide, and warrants that it has provided, to the Passenger a copy of these Booking Terms & Conditions.

2.1 Except where the context otherwise provides or requires, the terms you or your refers to any Passenger, including any authorised representative of the relevant Passenger or related company, related party, officer or authorised person of the relevant entity, that books a Holiday Package, makes any amendments to a Holiday Package or books MSC Cruises’ Services through the Company and agrees (by conduct, notice, payment, or otherwise) to be bound by these Booking Terms & Conditions.

 

2.2 In these Booking Terms & Conditions the following expressions shall have the meanings defined here under:

“A$” means Australian dollars.

 

“ACL” means the Australian Consumer Law under Schedule 2 of the Consumer and Competition Act 2010 (Cth) as amended.

 

“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 Services 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 you to book a Holiday Package.

 

“Booking Request” means any request to the Company to make a Booking for you which is subject to confirmation by issuance of a Confirmation Invoice.

 

“Booking Terms & Conditions” means these terms and conditions.

 

“Carrier” means any entity which has undertaken the obligation to carry the Passenger from one place to another 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”, other than the MSC Cruises’ vessel.

 

“CGA” means the New Zealand Consumer Guarantees Act 1993.

 

“Combined Tour” means the combination of two or more Cruises prearranged by the Company 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.

 

“Company” means MSC Cruises (Australia) Pty Limited (ABN 55 003 526 725) of 532/5- 19 Lime Street, Sydney, NSW 2000.

 

“Company’s Services” means the booking of Cruises, flights, accommodation and other onshore activities at the various destinations included in a Holiday Package, ticket issuing for Cruises, liaising with Carriers to distribute tickets issued by them, and generally managing the relationship between MSC Cruises and the Passenger on behalf of MSC Cruises.

 

“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.

 

“Confirmation Invoice” means the invoice issued under clause 1.4.

 

“Contract” means the contract concluded between the MSC Cruises and the Passenger relating to the relevant Holiday Package.

 

“Consumer Laws” has the meaning given in clause 1.2.

 

“Cruise” means the transport by sea and the stay on board a MSC vessel (as described in the relevant brochure of MSC Cruises, the Official Website or other documentation produced for or on behalf of MSC Cruises by the Company), which – if not purchased with pre- or postCruise 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, and the terms “Disabled” and “Reduced Mobility” will have the equivalent meaning.

 

“Flag State requirements” means the requirements under the laws in the jurisdiction in which a vessel is registered or licensed.

 

“Force Majeure” means any unforeseeable and unpredictable event out of the Carrier’s 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, pandemic, 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.

 

“FTA” means the New Zealand Fair Trading Act 1986.

 

“Guest Conduct Policy” means the document available at www.msccruises.com.au / www.msccruises.co.nz

 

“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 inclusive Holiday Package price nor any other services.

 

“International Air Conventions” has the meaning given in clause 20.6.

 

“MSC Cruises” means MSC Cruises S.A. whose registered address is Eugene Pittard 16, CH-1206 Geneva, Switzerland.

 

“MSC Cruises’ Services” means providing all Cruise services outlined in the relevant brochure of MSC Cruises, the Official Website or other documentation produced for or on behalf of MSC Cruises by the Company but not including third party services.

 

“NZ$” means New Zealand dollars.

 

“Official Website” means www.msccruises.com.au / www.msccruises.co.nz.

 

“Passenger” means the person named on the Confirmation Invoice issued to you by the Company (on behalf of MSC Cruises) or their successor or assign.

 

“Personal Information” has the meaning given to that term in the Privacy Act 1988 (Cth).

 

“Services” means the Company’s Services and MSC Cruises’ Services.

 

“Shore Excursion” means any excursion, trip or activity ashore that is not included as part of the all-inclusive price of the Holiday Package and is offered for sale by MSC Cruises on board MSC vessels.

 

“World Cruise” means a tour of the world prearranged by the Company and offered for sale as a single Holiday Package. For any relevant purposes, a World Cruise 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 World Cruise unless otherwise stated. References to price are references to the total price paid for the World Cruise. For conditions specific to a World Cruise, please refer to the following page on the Official Website: https://www.msccruises.com.au/en-au/Cruise-Destinations/MSC-WorldCruise-2023.aspx.

3.1 You may make a Booking in Australia (or New Zealand) by contacting the Company or one of the Company’s authorised Agents or representatives.

 

3.2 By booking the 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.

 

3.3 Deposit: A deposit of A$200 per person per Cruise is due and payable by you to the Company within five (5) days (or earlier if advised at the time of Booking). For group/air/special packages additional deposit amounts and/or final payment is required dependent on special packages promoted and will be advised at time of booking. Children 17 and under sailing as the 3rd or 4th guest in a stateroom do not require an additional deposit.

 

3.4 World Cruise Deposit: a non-refundable and non-transferable deposit equal to 15% of the price of the cruise fare including hotel service charges and port charges is due and payable by the Passenger within seven (7) days to secure your cruise fare or earlier if advised at the time of booking.

 

3.5 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 Agent.

4.1 Every Holiday Package is subject to availability at the time of Booking.

 

4.2 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.

 

4.3 Full payment to the Company is required no later than 90 days prior to departure, unless special payment conditions apply. For a World Cruise, full payment to the Company is required no later than 90 days prior to departure.

 

4.4 If the Booking Request is made within 90 days prior to departure, then full payment must be made at the time of making a Booking.

 

4.5 If you fail to pay the balance 90 days prior to departure, the Company has the right to cancel the Booking without notice and levy cancellation charges in accordance with clause 15 below, whether the Holiday Package is resold or not.

 

4.6 You must make all payments by direct credit to the bank account nominated by the Company or by credit card or as otherwise indicated by the Company in writing.

 

4.7 You acknowledge that you understand that selected credit cards may incur a foreign bank transaction fee in addition to the payment amount. This fee is not applied by the Company but could be applied by the card-issuing institution, depending on the type of card being used. As this is not an MSC Cruises fee, it cannot be refunded by the Company.

5.1 No change to the Holiday Package price will be made within the 20-day period before departure or once full payment has been received by the Company.

 

5.2 Subject to your rights at law, the Company reserves the right to modify the Contract price at all times prior to those detailed in clause 5.1 up to and including the date you make full payment of the Contract price 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; and

(d) the exchange rates relevant to the Holiday Package.

 

5.3 Variations may be upwards or downwards. For paragraph a) any variation of the Holiday Package price will be equal to the extra amount charged by the airline. For paragraph b) any variation of the 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 Holiday Package price will be equal to the full amount of the additional dues, taxes or fees chargeable (or where a reduction in such dues, taxes or fees applies, the Holiday Package price will be adjusted accordingly to reflect the reduction in such dues, taxes or fees).

 

5.4 If the increase in the Holiday Package price issued pursuant to clause 5.2 amounts to more than 8% of the total Holiday Package price at the time of Booking, subject to clause 5.4 (a) to clause 5.4(c) you will be entitled to cancel the Contract with a full refund of the Holiday Package price to the extent of the amount paid by you to the Company at the time of cancellation. Such right of refund does not:

(a) include insurance premiums paid which are in no case refundable by the Company;

(b) apply to any voluntary amendments made to your booking;

(c) apply to flights which are regulated by the applicable Carrier’s terms and conditions.

 

5.5 Clause 15 will apply in respect of your entitlement to refunds where you cancel a Booking.

 

5.6 To exercise the right to cancel, the Passenger must notify the Company in writing within 7 days of receiving the price increase notification under this clause 5.

 

5.7 HOTEL SERVICE CHARGE For all new bookings made from 15 January 2024, a hotel service charge will be included as an integrated part of the total Holiday Package price for Passengers over the age of 2 years old at the time of departure. Payment of the hotel service charge by the Passenger is not discretionary and, subject to the Consumer Laws, the Company will not reduce, cancel or refund the Hotel Service Charge as a separate component of the Holiday Package price. Any rights a Passenger may have under the Consumer Laws are unaffected by this change.

7.1 Passengers must hold fully valid passports for the whole duration of the Holiday Package and the expiry date must be at least 6 months after the return date. The Company is not responsible for obtaining 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, customs, health and excise. Certain countries insist on machine-readable and digital photo passports, especially Russia and the USA. . In particular, the Company is not responsible in case that Passengers are denied embarkation for lack or incompliance of immigration requirements resulting from the new EES (Entry Exit System) managed by Frontex and EU-LISA (“ European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice”) automatic passport control system set to enter in force by 10th November 2024.

 

7.2 Passengers under 18 years of age (or 21 years of age for United States Passengers or Passengers embarking from a United States port) must travel accompanied by their parents or a legal guardian. If one of the travelling minor’s parents is not cruising, a signed authorisation letter, made in accordance with the laws of the country where the minor resides, from the absent parent authorising the minor to travel has to be provided at the moment of Booking.

 

7.3 If the minor is travelling with Passengers that are not his parents or legal guardians, the Company shall require, at the point of booking, a document signed by the parents or legal guardian authorising the minor to travel with a chaperone or a designated individual, in accordance with Company’s policies and the laws of the minor’s country of residence.

 

7.3a As a general rule, MSC Cruises SA (“MSC” or “the Company”) does not allow minors to stay alone in a cabin MSC without the presence of at least one adult. “Minor” means any person under the age of 21 (on voyages that include a port in the USA) or 18 (on cruises that do not include a port in the USA). However, minors aged under 18 years old can stay in a cabin by themselves if the following conditions are met:

a. minor guests are travelling with only one parent or legal guardian;

b. the parent or legal guardian expressly requests, when making the booking, that the minors are assigned a cabin without the presence of an adult and signs a waiver of liability;

c. the number of minors travelling with the parent or legal guardian is between 2 and 4;

d. the cabin is occupied by either 1 minor aged no less than 12 years old or 2 minors where the oldest is at least 12 years old and the youngest is at least 8 years old;

e. the presence of more than 2 minors alone in the cabin is not allowed.

 

7.3b For the vessels MSC Lirica, Armonia, Sinfonia, Opera, Musica, Orchestra, Poesia, Magnifica, Fantasia, Splendida, Preziosa and Divina, the parent or legal guardian and the minors shall only be accommodated in connecting cabins, and the minor cabin’s balcony shall be locked.

For all the other vessels, the following additional requirements apply:

- the parent or legal guardian and the minor(s) shall be accommodated in connecting cabins with the minor cabin’s balcony being locked or in interior adjacent cabins; and

- the parent or legal guardian shall be required to purchase a bracelet to have access to the cabin occupied by the minor(s) at any time during the cruise.

 

For the purpose of this clause, “adjacent cabins” is defined as two cabins, at least one without a balcony, which have no more than 3 cabins between them, and that pertain to the same assembly station and corridor. “Connecting cabins” is defined as to cabins that are connected by an internal door.

 

For itineraries that include a U.S. port, guests aged between 18 and 20 years old whose booking includes a passenger of 21 years or older are allowed to stay in their cabin alone without the requirements indicated above.

 

7.4 Each passenger is liable to the Company and the Carrier for, and you agree to indemnify and keep the Company and the Carrier against, all damages, losses and liabilities (including any fines or penalties imposed by any authorities) incurred by the Company or the Carrier in connection with (directly or indirectly) the Passenger’s failure to observe or comply with any local governmental laws or regulations, including requirements relating to visas, immigration, customs, health or excise.

8.1a 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. In any case, the Company and/or the Carriers has the right to request the Passenger to produce medical certificates supporting the fitness to travel.

 

8.1b The Company and/or the Carriers do not have specialist obstetric and neonatal care on board any of the cruise vessels. The Company cannot accept a Booking and the Carrier cannot carry any Passenger who will be more than 23 weeks plus 6 days of pregnancy at any point during the voyage.

 

8.2 Pregnant guests are requested to seek medical advice before travelling. If pregnant guests are planning to travel onboard at any stage of their pregnancy prior to the 23 weeks plus 6 days limit, they must obtain a medical certificate from an obstetrician / gynaecologist doctor, confirming an intrauterine pregnancy and their fitness to travel on board the vessel taking into account the specific itinerary, as well as the expected date of delivery confirmed by ultrasound. The Company reserves the right to deny embarkation if no documentation is provided or if the Company and/or the ship’s doctor believe that there is significant risk during the voyage for the guest to travel.

 

8.3 The Company and the Carrier expressly reserve the right to refuse boarding rights to any Passenger who appears to be above 23 weeks plus 6 days limit of pregnancy threshold or who does not provide the medical certificate according to clause 8.1b and 8.2 above and shall have no liability in respect of such refusal.

 

8.4 In the case of a Booking made for 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 then; the Company will offer you the choice of:

(a) booking another Cruise for that Passenger from the Company’s brochure and/or from the Official Website of equivalent quality compliant with the abovementioned terms, if available;

(b) cancelling and receiving a full refund of the full price paid by you for any cancellation of the Booking less the non-refundable deposit, as long as such cancellation is notified immediately by you as soon as you become aware of that Passenger’s pregnancy and it is within 120 days prior to departure. Cancellation fees will apply under clause 15 if you notify us within 120 days of departure.

 

8.5 Infants under 1 year old are permitted on board except for cruises of more than 11 nights duration for which it is required that the minor is at least 1 year old at the moment of embarkation.

 

8.6 The Passenger acknowledges and accepts that if it appears to the master or doctor on board the relevant MSC Cruises’ vessel that the 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 MSC Cruises’ vessel liable for maintenance, support or repatriation, then:

(a) the Passenger may not be permitted by MSC Cruises’ staff to embark or disembark at any applicable port or transfer to another berth or cabin;

(b) the doctor on board the applicable MSC Cruises’ vessel has 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 vessel’s hospital or other similar facility, if such measure is considered necessary by the doctor and is supported by the master’s authority; and

(c) refusal by the Passenger to cooperate with regard to any treatment deemed necessary by the doctor on board the applicable MSC Cruises’ vessel pursuant to this clause 8.7 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 MSC Cruises shall be liable for any loss, expense, damages, liability or compensation to the Passenger in connection with any action taken under this clause 8.7.

 

8.7 Where a Passenger is assessed as unfit to travel and refused embarkation then, to the extent permitted by law, neither the Company nor MSC Cruises has any liability to the Passenger.

18.1 The Company and MSC Cruises reserve the right to (in their absolute discretion) reject or cancel new bookings made by or on behalf of former Passengers who, during a previous Holiday Package:

a) behaved dangerously for their safety and/or the one of other Passengers and/or crew members;

b) damaged and/or endangered Company’s assets;

c) did not solve outstanding debts with the Company;

d) violated art. 18 of the present Booking Terms and Conditions.

e) any passenger who, as a result of the passenger screening process, is included in the US National Sex Offender Registry or any other applicable sex offender list.

 

The Passenger will be informed of the rejection or cancellation made under the present article in writing.

 

22.3 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.

 

22.4 Each Passenger warrants that he/she is physically and mentally fit to undertake the Cruise.

 

22.5 The applicable MSC Cruises’ vessel and/or the master and/or authorised crew members 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.

 

22.6 No Passenger shall bring any animals whatsoever, except for recognised service or assistance dogs, subject to clause 9 above.

 

22.6a the Company and/or the Carrier 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 Carrier and the Company against any loss or damage occasioned to the Carrier or the Company or any of its suppliers by such breach or nonobservance.

 

22.7 Passengers’ behaviour must not affect and reduce the safety, peace and enjoyment of the Cruise by other Passengers and shall not violate the Guest Conduct Policy and Conditions of Carriage

 

22.8 The Passenger must not carry firearms, ammunition, explosives or flammable, toxic or dangerous substances, goods or articles on board any vessels which could be dangerous for the safety of Passengers and the vessels.

 

22.9 Passenger is liable for any damage suffered by the Company and/or MSC Cruises and/or any supplier of any service that forms part of the Holiday 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, MSC Cruises or any of MSC Cruises’ suppliers may be liable to pay.

 

22.10 Passengers are not allowed to sell and/or purchase from other passengers or travel operators on board the ship any type of commercial services – including but not limited to Shore Excursions – which are not officially offered by MSC Cruises or its agreed independent contractors.

 

22.11 Passengers shall not bring onboard the vessel any illegal drugs or other controlled substances (a drug or other substance that is tightly controlled by the government because it may be abused or cause addiction) including but not limited to medical marijuana. Illegal drugs or controlled substances will be confiscated and MSC Cruises reserves the right, in its sole discretion to report violations of this prohibition to the appropriate authorities. Any attempt to bring Illegal drugs or controlled substances onboard, may lead to denial of boarding or prevented from boarding or re-boarding the vessel.

 

24.1 Any Passenger with a complaint whilst on a Cruise must bring it to the attention of the Cruise staff on board the applicable MSC Cruises’ vessel as soon as possible. If the Cruise staff is unable to resolve the problem, any complaint must be notified in writing to the Company within 60 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 Holiday Package must be made promptly to the Company or the supplier.

 

24.2 Notices of claim for loss or damage to luggage or other property shall be given to the Carrier in writing before or at the time of disembarkation, or if not apparent, within fifteen (15) days from the date of disembarkation.

 

24.3 Complaints under EU Regulation. 1177/2010 concerning accessibility, cancellation or delays must be made to the Company 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 the Company 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.

27.1 No variation of these terms or the Contract shall be effective unless in writing and signed by the Company.

 

27.2 The Passenger must not assign, transfer or otherwise delegate any of its rights or obligations under the Contract without the Company’s prior written consent.

 

27.3 If these Booking Terms & Conditions are inconsistent with any other document or agreement between the parties, this document prevails to the extent of the inconsistency.

29.1 It is hereby expressly agreed that no servant or agent of the Company and/or MSC Cruises, including the Master and crew of the applicable MSC Cruises’ 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 Terms & Conditions and these parties may invoke these Booking Terms & Conditions to the same extent as the Company and/or MSC Cruises.

 

29.2 Shore Excursions are operated by independent contractors even if sold by Agents or on board the applicable MSC Cruises’ vessel. The Company shall not be responsible in any way for the services provided by such independent contractors. MSC Cruises operates as mere agent for the Shore Excursion provider. 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.

 

29.3 Notwithstanding clause 29.2, you acknowledge and agree that neither the Company nor MSC Cruises has any direct control over the Shore Excursion providers and their services hence, to the extent permitted by law, in no case whatsoever will the Company or MSC Cruises 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.

30.1 These Booking Terms & Conditions shall be governed by the laws of the State of New South Wales, Australia and the parties irrevocably submit to the non-exclusive jurisdiction of the Courts of the State of New South Wales, Australia.

31.1 Every effort has been made to ensure accuracy of the Company’s brochure and/or of the Official Website content but certain changes and revisions may take place after the printing of the Company’s brochure and/or the publishing of the Official Website. In addition, from time to time, we may publish specific terms and conditions related to a specific promotion, and certain terms including but not limited to the applicable deposit amount may be different from the terms in these Booking Terms & Conditions.

 

31.2 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 Company or by visiting the Official website for the most up to date Booking Terms & Conditions.

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.

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.

*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.

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 S.A., and its or 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, 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.

If you book the special services before cruise commences, the full payment will be debited on your board account at the time of embarkation. The booking shall be deemed to be successfully complete unless cancelled or modified within 4 days before the expected date of departure, thereafter you will not be able to cancel or modify on-line your booking for special services anymore.

Should you cancel or modify any service booked, you might be charged with a fee according to the type of the on-board service as specified in the service description. 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.