Carrier's standard conditions of carriage
You must carefully read these conditions of carriage which set out your rights, responsibilities and limitations to make claims against the Carrier, its servants and/or agents. The Carrier’s liability is limited as set out in Clauses 22 and 23.
CARRIER'S MSC CRUISES AND FORMULA 1® CONDITIONS OF CARRIAGE
These Conditions of Carriage apply exclusively to the MSC Cruises and Formula 1® reservations. Please read them carefully.
1. Construction and Definitions
“Carrier” means the owner and/or charterer whether bare boat/demise charter, time charterer, sub-charterer or operator of the Vessel, to the extent that each of them acts as Carrier or performing Carrier.
The term the “Carrier” includes the Carriers, the carrying vessel (the “Cruise Ship”), its owner, charterer, operator, any tenders or other means of transport provided by the Carrier to the Passenger.
" Disabled person" or "Person with reduced mobility” (also “PRM”) 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, as a result of age, and whose situation needs appropriate attention and adaption to his particular needs for the service made available to all passengers.
“Luggage” means any baggage, packages, suitcases, trunks or other personal items belonging to or carried by any passenger, including cabin luggage, hand luggage and articles worn by or carried on the persons of the passenger or deposited with the purser for safe custody.
The "Master" is the Captain or person in charge of the carrying Vessel at any given point and commanding of the Cruise Ship.
“Minor” means any child under the age of 18.
“organizer” is the party with which the Passenger has entered into a contract for the cruise and/or package as defined under the Council Directive 90/314/EEC of 13th June 1990 on Package Travel, Package Holidays and Package Tours, which includes the cruise onboard the Vessel or other equivalent.
“Passage contract” means the contract of carriage, which the Passenger has entered into with the Organiser, the terms of which are evidenced by the Booking Conditions, which incorporate these terms.
"Passenger" means each and every person named either on the booking confirmation, or on the invoice, or on a ticket.
“Shore excurion" means any excursion operated by third-party contractors and offered for sale by the Organiser or the Carrier, for which a separate charge is payable, whether booked prior to commencement of the cruise or onboard the Vessel.
“Vessel” means the vessel named in the relevant passage contract or any substituted vessel owned, chartered, operated and/or controlled by the Carrier.
2. Non-Transferability and Amendment
3. Occupation of Berths and Cabins
4. Maintenance During Delay or Overstaying
5. Premature Termination of the Cruise
6. Deviations cancellations and delays
7. Extra Charges
8. Travel Documents
10. Fitness to Travel
- 10 1
Where the Carrier considers it strictly necessary for the safety of the Passenger it may require a Disabled Person or Persons with Reduced Mobility to be accompanied by another person or a recognised assistance dog (according to clause 12.3) 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 Carrier assessing the need of the Passenger on grounds of safety and may vary from Vessel to Vessel and/or itinerary to itinerary.
11. Passenger's Conduct
12. Animals and Pets
15. Medical Services by Independant Contractors
16. Medical Treatment
17. Other Independent Contractors
18. Travel Packages and Shore Excursions
19. Passenger's Luggage and Personal Property
During the positioning cruises, the above guidelines represent the maximum limit allowed per person, provided that, in any case, the maximum amount of luggage in each cabin does not exceed 100 kg and/or 8 pieces among all passengers in the same cabin.
Prams and wheelchairs are always allowed.
All luggage is to be kept in the cabin, keeping all exits free of any obstacles.
20. Passenger's Liability for Damage
21. Force Majeure and Events Beyond the Carrier's Control
Copies of the Athens Convention and EU Regulation 392/2009 are available on request and can be downloaded from the Internet at www.imo.org. The Carrier shall be entitled to the benefit of all the limitations, rights and immunities provided by the Athens Convention and, where applicable, EU Regulation 392/2009 including the full deductible under Article 8(4) of the Athens Convention. The liability of the Carrier for death, personal injury or illness to the Passenger shall not exceed 46.666 Special Drawing Rights ("SDR") as provided and defined in the Athens Convention or, where applicable, the maximum sum of 400,000 SDR pursuant to EU Regulation 392/2009 and, where there is liability for war and terrorism, 250,000 SDR. Liability of the Carrier for loss of or damage to Passenger's luggage or other property shall not exceed 833 SDR per Passenger under the Athens Convention or 2,250 SDR where EU Regulation 392/2009 applies. It is agreed that such liability of the Carrier shall be subject to a deductible of 13 SDR per Passenger, such sum to be deducted from the loss or damage to luggage or other property.
The Passenger understands that the conversion rate of SDR's fluctuates daily and may be obtained from a bank or Internet. The value of an SDR can be calculated by visiting http://www.imf.org/external/np/fin/data/rms_five.aspx. If any provision of these Conditions of Carriage is rendered null and void by the Athens Convention or EU Regulation 392/2009, such invalidity shall be limited to the particular clause and not to the Conditions of Carriage.
(i) in the case of apparent damage before or at the time of disembarkation or redelivery
(ii) in the case of damage which is not apparent or loss of luggage within fifteen days from the disembarkation or delivery or of the date that such delivery should have taken place.
23. Emotional Distress
24. Shore Excursions
27. Notice of Claims
b. Notices of claim for death, illness, emotional stress or personal injury, with full particulars in writing shall be given to the Carrier and the Cruise Ship within six (6) months (185 days) after the date such death, injury, or illness occurring.
c. 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.
d. Complaints under EU Reg. 1177/2010 concerning accessibility, cancellation or delays must be made to the Carrier 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 Carrier 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.