Construction & Definitions
THESE ARE THE TERMS AND CONDITIONS, WHICH APPLY TO YOUR HOLIDAY PACKAGE. PLEASE READ THEM CAREFULLY AS YOU WILL BE BOUND BY THEM.
All Holiday Packages featured in the Company’s brochure and/or in the Official Website are offered for sale by the Company.
In these Booking Terms & Conditions 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 these terms and conditions and the information contained in the relevant Company’s brochure, the Official Website 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 the Passenger from one place to the other as indicated in the Cruise ticket, airline ticket or other ticket issued for any other applicable transport and is thereby indicated on such documents as “carrier”.
“COMPANY” means MSC Cruises S.A. whose registered address is 40, Eugene Pittard, CH-1206 Geneva, Switzerland which organises Holiday 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.
“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 references in the Booking Terms & Conditions to a Cruise 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.
“CONTRACT” means the contract concluded between the Company and the Passenger relating to the relevant Holiday Package, on the terms of the Booking Terms & Conditions, which is evidenced by the issue of the confirmation invoice sent by the Company or its Sales Agent to the Passenger.
“CRUISE” means the transport by sea and the stay onboard an MSC Cruises vessel (as described in the relevant Company’s brochure, the Official Website or other documentation produced for or on behalf of the Company), which – if not purchased with pre- or post-Cruise services – can be considered by itself as an Holiday Package, and which includes a World Cruise.
“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.
“FORE 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, 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.
“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.
“OFFICIAL WEBSITE” means the set of related web pages, documents and hypertext links served from the web domain msccruises.com.au or msccruises.co.nz
“PASSENGER” means each and every person, including minors, named either on the Booking confirmation or on the invoice or on a ticket issued by the Company.
“PERSONAL INFORMATION” has the meaning given to that term in the Privacy Act 1988 (Cth).
“SALES AGENT” means the person or travel agency that sells or offers for sale the Holiday Package put together by the Company, on its own 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 Holiday Package and is offered for sale by the Company onboard its vessels.
“WORLD CRUISE” means the tour of the world prearranged by the Company and offered for sale as a single Holiday Package. For any relevant purposes, the 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.
Booking Procedure & Deposit
1.1 In order to proceed with a Booking, the Passenger must contact the Company or one of the Company’s authorised Sales Agents or representatives.
1.2 By booking for an Holiday Package, the person making the Booking warrants, 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 (including any minors) named on the Booking request and invoice, and indemnifies the Company against any loss or damage arising from a breach of this warranty.
1.3 A non-refundable deposit of $350 per person, per cruise is due and payable by the Passenger within five (5) working days (or earlier if advised at the time of Booking). For the World Cruise, a non-refundable and non transferable deposit equal to 15% of the price of the cruise fare including port charges is due and payable by the Passenger within seven (7) working days to secure your cruise fare. 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.
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.
2.1 Every Holiday Package is subject to availability at the time of Booking. No Contract shall be made until the deposit or the full amount (according to the present Booking Terms & Conditions) is paid and the confirmation invoice provided to the Passenger.
2.2 Full payment is required no later than 90 days prior to departure, unless special payment conditions apply.
2.3 If the Booking application is made within 90 days prior to departure, then full payment must be sent at the time of Booking.
2.4 If any Passenger fails 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 paragraph 13 below, whether the Holiday Package is resold or not.
Prices & Price Guarantee
3.1 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.
3.2 The Company reserves the right to modify the Contract price at all times prior to those detailed in 3.1 above to allow variations for:
a) Air transportation costs;
b) Fuel costs for the propulsion of the vessel;
c) Dues, taxes or fees chargeable for services such as embarkation or disembarkation fees at ports or airports; and
d) the exchange rates relevant to the Holiday Package.
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 fees.
3.3 If an increase in the Holiday Package price amounts to more than 8% of the total Holiday Package price at the time of Booking, the Passenger will be entitled to cancel the Contract with a full refund of the Holiday Package price within the limits and to the extent of the amount effectively paid by the Passenger at the time of cancellation. Such right of refund does not include insurance premiums paid which are in no case refundable.
3.4 To exercise the right to cancel the Passenger must notify the Company in writing within seven (7) days of receiving the price increase notification.
4.1 The company does not, and will not on request, arrange or procure insurance of any kind, for or on behalf of any passenger.
4.2 The Company recommends that every Passenger should have adequate insurance policy which covers them sufficiently for (among other things) Holiday Package cancelation, medical assistance and expenses (including evacuation), loss and/or damage of luggage, from the time the Contract has been confirmed as Booked to the end of the Holiday Package, as specified, or an equivalent policy.
Passport & Visas
5.1 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. Certain countries insist on machine-readable and digital photo passports, especially Russia and USA.
5.2 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.
5.3 Each Passenger is liable to the Company or the Carrier for any fines or penalties imposed on any of them or the vessel by any authorities for 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.
Fitness & Travel
6.1 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, Australian or national law.
6.2 Any Passenger with a condition that may affect fitness to travel taking into account the vessel’s itinerary must inform the Company at the time of Booking and submit a doctor’s certificate prior to Booking.
6.3 In any case, the Company and/or the Carriers has the right to request – at their own discretion – the Passenger to produce medical certificates supporting the fitness to travel.
6.4 Pregnant women are requested to seek medical advice before travelling; at any stage of their pregnancy they must obtain a medical certificate from a doctor confirming their fitness to travel on board the vessel taking into account the specific itinerary.
6.5 The Company and/or the Carriers do not have on board any of the cruise vessels adequate medical facilities or equipment for childbirth. The Company cannot accept a Booking and the Carrier cannot carry any Passenger who will be 24 weeks pregnant or more by the end of the Cruise.
6.6 The Company and the Carrier expressly reserve the right to refuse boarding rights to any Passenger who appears to be in any advanced state of pregnancy or who does not provide the medical certificate according to clause 6.4 above and shall have no liability in respect of such refusal.
6.7 In the case of a Booking made by a Passenger who was not aware at the time of Booking and could not have reasonably known at the time of Booking that she was pregnant over the terms provided by upper clause 6.5 then, the Company will offer the Passenger the choice of Booking another Cruise from the Company’s brochure and/or from the Official Website of equivalent quality compliant with the above mentioned terms, if available; or cancelling and receiving a full refund of the full price paid by that Passenger for any cancellation of Booking as long as such cancellation is notified immediately as soon as such a Passenger becomes aware of her condition. The refund will not include insurance premiums paid which are in no case refundable.
6.8 If it appears to the Carrier, the master or the ship’s doctor that a Passenger is for any reason unfit to travel, likely to endanger safety, or likely to be refused permission to disembark at any port or likely to render the Carrier liable for maintenance, support or repatriation, then the master shall have the right to refuse to embark the Passenger at any port or disembark the Passenger at any port or transfer the Passenger to another berth or cabin. The doctor onboard shall have the right to administer first aid and any drug, therapy or other medical treatment and/or to admit and/or confine the Passenger to the ship’s hospital or other similar facility, if such measure is considered necessary by the doctor and is supported by the master’s authority. Refusal by the Passenger to cooperate with regard to such treatment may result in the Passenger being disembarked at any port, if necessary through the intervention of local police officers or other competent authorities, and neither the Company nor the Carrier shall be liable for any loss, expense or compensation to the Passenger.
6.9 Where a Passenger is assessed as unfit to travel and refused embarkation then neither the Company nor the Carrier has any liability to the Passenger.
Disabled Passengers & Passengers with Reduced Mobility
7.1 The Company’s and the Carriers’ 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 and Carrier 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.
7.2 The Passenger is asked to provide full details at the time of Booking if the Passenger:
a) is unwell, infirm, is a Disabled Passenger or is a Passenger with Reduced Mobility;
b) 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;
c) has any special seating requirements;
d) needs to bring any medical equipment on board; or
e) needs to bring a recognised assistance dog on board the vessel (please note that assistance dogs are subject to national regulations).
7.3 Where the Company and/or the Carrier consider strictly necessary for the safety and comfort of the Passenger and in order for the Passenger to fully enjoy the Cruise, it may require a Disabled Passenger or Passenger with Reduced Mobility to be accompanied by another person who is capable of providing the assistance required by the Disabled Passenger or Passenger with Reduced Mobility. This requirement will be based entirely on the Company and/or the Carrier assessing the need of the Passenger on grounds of safety and may vary from vessel to vessel and/or itinerary to itinerary. Passengers confined to a wheelchair are asked to kindly furnish their own standard size collapsible wheelchair during the whole Holiday Package and might also be requested to be accompanied by a travelling Passenger fit and able to assist them.
7.4 If the Passenger has any particular conditions, is a Disabled Passenger or is a Passenger with Reduced Mobility which require personal care or supervision then such personal care or supervision must be organized by the Passenger and at the Passenger’s expense. The vessel is unable to provide respite services, one-to-one personal care or supervision or any other form of care for physical or psychiatric or other conditions.
7.5 If after a careful assessment of a Passenger’s specific needs and requirements, the Company and/or the Carrier 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 Passenger or Passenger with Reduced Mobility on the grounds of safety.
7.6 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 and/or the Carrier to make an informed assessment that the Passenger can be carried in a safe or operationally feasible manner on the grounds of safety. If the Passenger does not agree with a decision of the Company under clauses 7.5 to 7.6 of these Booking Terms & Conditions then the Passenger must provide a complaint in writing with all supporting evidence to the Company.
7.7 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.
7.8 For the safety and comfort of the Passenger, if the Passenger becomes aware between the date of Booking the Holiday Package and the date of commencement of the Holiday Package that he/she will require special care or assistance as detailed above, the Passenger must inform the Company immediately so that the Company and the Carrier can make an informed assessment whether or not the Passenger can be carried in a safe or operationally feasible manner.
7.9 Disabled Passengers or Passengers with Reduced Mobility may not be able to go ashore at ports where vessels do not berth alongside. A list of these ports is available from the Company upon written request.
7.10 In some ports, it is necessary to anchor offshore rather than alongside. When this is the case, the Carrier will use a tender to take Passengers ashore. A tender is a small vessel and may not be suitable for Disabled Passengers or Passengers with Reduced Mobility or balance problems. When using tenders, safety is the utmost priority. It is important that Passengers are able to use the tender safely. Passengers may be required to descend to a platform or pontoon and into the tender. There may be steps both up and down and Passengers may need to navigate a gap between the platform and the tender (which can be approximately 1.5ft). Depending on weather, tide and sea conditions, there may be some movement, which could change throughout the course of the day. Passengers must be fit and mobile enough to access and disembark the tender. If Passengers have impaired mobility, or use a mobility aid such as a stick, then they must carefully consider their ability to embark the tender safely before making their way down to the platform. Passengers must take into consideration the use of steps, the possibility of a gap and height difference between the platform and the tender, and the potential sudden movement of the tender when making a decision. Wheelchairs and mobility scooters, will not be carried by the crew into the tender. All Passengers must be independently mobile enough to use the tenders. Ultimately, carriage by tender may be refused by the master or any of his officers if there is any doubt as to the safety of any Passenger.
All Passengers must take extra care when stepping on and off the tender. There will be crew members there to guide and steady Passengers as they embark and disembark but they cannot support, lift or carry Passengers. The same precautions apply when Passengers disembark the tender in the port.
Public Health Questionnaire
8.1 The Company and/or the Carrier and/or the health authorities in any port shall be entitled to administer a public health questionnaire on their own behalf. The Passenger shall supply accurate information regarding symptoms of any illness including but not limited to gastrointestinal illness and H1N1. The Carrier may deny boarding to any Passenger that it considers in its sole discretion to have symptoms of any illness including viral or bacterial illness including but not limited to Norovirus and H1N1. Refusal by a Passenger to complete the questionnaire may result in denied boarding.
8.2 Where Passengers become ill during the Cruise with viral or bacterial illness the ship’s doctor may request them to remain in their cabin for reasons of safety.
9.1 Passengers are reminded that some foods may cause an allergic reaction in certain people due to intolerance of some ingredients. If the Passenger has any known allergies, or is intolerant to any food, he/she is required to inform the Company at the time of Booking (by duly filling in a specific form) and further to report it to the Maître d’hôtel as soon as convenient after boarding the ship.
9.2 It is the responsibility of the Passenger to ensure that he/she actively avoids any food he/ she is allergic to. The Company will take all reasonable care if made aware in writing of any specific food or ingredient the Passenger has an allergic reaction to and assist the Passenger within reason to avoid any such food or ingredients if made aware by the Passenger according to clause9.1 above; in absence of such information neither the Company, nor the Carrier will be held responsible for preparing special meals for the Passenger or any other prepared meals consumed by the Passenger. In case of multiple allergies/intolerances, even though informed according hereto, the Company or the Carrier might not be able to avoid the risk of cross-contamination during food preparation and therefore neither the Company, nor the Carrier will be held responsible if such contamination occurs.
10.1 Passengers are strongly recommended to have comprehensive travel health insurance covering medical treatment and repatriation costs and expenses.
10.2 In compliance with Flag State requirements, there is a qualified doctor onboard 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.
10.3 The Passenger acknowledges that whilst there is a qualified doctor onboard 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 onboard medical services.
10.4 In the event of illness or accident, Passengers may have to be landed ashore by 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.
10.5 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.
10.6 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 of clause 6 and the requirement of fitness to travel is applicable to all Passengers including infants.
11.1 It is important that Passengers contact the manufacturer or supplier to ensure that any medical equipment they are intending to bring on board is safe to use. It is the responsibility of the Passengers to arrange delivery to the docks prior to departure of all medical equipment and to notify the Company prior to Book if they need to have medical equipment on board so that the Company and the Carrier can ensure that the medical equipment can be carried safely.
11.2 It is the Passenger’s responsibility to ensure that all medical equipment is in good working order and for arranging enough equipment and supplies to last the entire voyage. The ship does not carry any replacement medical equipment and access to shore side care and equipment may be difficult and expensive. Passengers must be able to operate all equipment.
Booking Changes Requested by Passenger
12.1 The Passenger is entitled to replace himself with a third party, provided that:
(i) said third party satisfies all the conditions for the use of the Holiday Package; and
(ii) written notice is duly sent to the Company no later than 90 days before departure of the Cruise.
If the conditions stated above in this clause are met, the name change will in any case be subject to a fee reflecting the costs for the Company of effectuating the transfer, see clause 12.3 below. Name changes requested within 90 days of the departure will be considered as a cancellation pursuant to clause 13.
The Passenger and the third party contract assignee shall be jointly liable to the Company to pay the price of the Holiday Package and any additional cost that may arise as a consequence of the change in Passenger.
12.2 Furthermore, even after the confirmation invoice has been issued, the Passenger is also entitled to exchange, once only, the purchased Holiday Package (“Original Holiday Package”) with another Holiday Package (“New Holiday Package”) on the following conditions:
(i) the date of departure of the New Holiday Package is later than that of the Original Holiday Package;
(ii) the request for the substitution of the New Holiday Package in place of the Original Holiday Package is received by the Company not later than 90 working days before the date of the scheduled departure of the Original Holiday Package and there is availability of spaces on the New Holiday Package;
(iii) the itinerary for the New Holiday Package refers to the same destination as the Original Holiday Package as defined in the relevant Company’s brochure (or Official Website); and
(iv) the expected date of departure of the New Holiday Package falls within one year from the expected date of departure of the Original Holiday Package.
If the conditions stated above in this clause are met, the substitution of the Original Holiday Package with the New Holiday Package will in any case be subject to the following administration fee per Passenger:
|Up to 90 days before departure
||AU/NZ $100 per person per booking
||AU/NZ $100 per person per booking
||AU/NZ $100 per person per booking
||AU/NZ $100 per person per booking
|Inside 90 days or once final payment in received
||Any changes will be charged as per cancellation policy
||Any changes will be charged as per cancellation policy
||Any changes will be charged as per cancellation policy
||Any changes will be charged as per cancellation policy
CRUISE DATE CHANGE
|Up to 90 days before departure
|| AU/NZ $100 pp
|Inside 90 days or once final payment is received
|| Any changes will be charged as per cancellation penalty
|Air/Land Other Services Amendment Rates
|Amendment fees are dictated by the relevant Air/Land supplier(s) policy(ies)*
- $100 quotation cost
- Advised at the time of call
- Once the air ticket have been issued, all fees will be subject to the terms and conditions of the airline
*Please note, selected credit cards may incur a foreign bank transaction fee in addition to the payment amount. This fee is not applied by MSC, but could be applied by the card-issuing institution, depending on the type of card being used. As this is not an MSC fee, it cannot be refunded by MSC.
In addition to the administration fee mentioned above, if the price of the New Holiday Package is higher than that of the Original Holiday Package, the difference in price as well as in insurance premium will be borne exclusively by the Passenger.
On the other hand if the price of the New Holiday Package is lower than that of the Original Holiday Package, no reimbursement will be due to the Passenger.
In case of substitution of the Original Holiday Package with the New Holiday Package, the Passenger will still be entitled to withdraw from the Contract and therefore cancellation fees will apply; cancellation fees will be based on the price due (as per above provisions) and the scale provided under clause 13 (Cancellation by the Passenger) according to the Original Holiday Package departure date.
The Company will make reasonable endeavors to comply with the Passenger requests for changes to flight, transport or other services arrangements and adapt them to the New Holiday Package. In no case whatsoever will the Company be held liable for change requests that cannot be satisfied.
12.3 Name or date changes are not always allowed by air Carriers and other transport or services providers whenever they are made. Most air Carriers and other transport or services providers treat such changes as a cancellation and charge accordingly. Any additional costs including cancellations fees and/or increased prices levied by air Carriers or other third party providers will be exclusively for the Passenger’s account, and be charged as part of the fee mentioned in clause 12.1(ii) above.
12.4 Save as provided above, other changes to the Booking may be requested (even after the confirmation invoice has been issued) until 90 days prior to departure, subject to a minimum administration fee of AUD/NZD $100 per person per amendment. Any additional costs that may arise as a consequence of the change will be exclusively for the Passenger’s account.
12.5 Requests of amendments to the Booking received by the Company beyond the above time limits will be treated as cancellations and the cancellation charges detailed in clause 13 below will apply.
12.6 In case the changes requested by the Passengers entail the printing of new Cruise tickets, further to the above mentioned fees an amount of AUD/NZD $55 per cabin will be charged to cover the extra costs. This does not apply for changes pursuant to item 12.1 where the changes reflect the actual costs.
12.7 Any changes requested by the Passenger on a Combined Tour shall always apply to the whole Holiday Package. All the relevant time limits run from the scheduled date of departure of the first Cruise of the Combined Tour.
Cancellation by Passenger
13.1 Cancellation of the 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.
13.2 Save what set forth in clause 13.3 below, to cover the estimated loss incurred by cancellation, the Company will levy cancellation charges in accordance with the following scale:
CANCELLATION POLICY FOR CRUISE BOOKINGS:
|Prior to 120 days
before departure of cruise
|Loss of AU/NZ $150 per person **
|119 to 90 days
before departure of cruise
|Loss of Non-refundable deposit
|89 to 45 days
before departure of cruise
|Loss of 25% of published fare*
|44 to 15 days
before departure of cruise
|Loss of 60% of published fare*
|14 to 07 days
before departure of cruise
|Loss of 80% of published fare*
6 days or less
|100% of published fare*
* or loss of deposit whichever is greater.
** or loss of promotional deposit
CANCELLATION POLICY FOR 2020/21 WORLD CRUISE BOOKINGS:
* or loss of deposit whichever is greater.
|120 days or longer
||15% non-refundable deposit
|119 to 60 days prior to departure
||25% of holiday package*
|59 to 15 days prior to departure
||50% of holiday package*
|14 to 10 days prior to departure
||75% of holiday package*
|9 to 0 days prior to departure
||100% of holiday package*
CANCELLATION POLICY FOR 2022 WORLD CRUISE BOOKINGS:
* or loss of deposit whichever is greater.
|60 days or longer
||15% of holiday package* (non-refundable)
|59-10 days prior to departure
||75% of holiday package*
|9-0 days prior to departure
||100% of holiday package*
CANCELLATION POLICY FOR YACHT CLUB
(For all Cruises):
* or loss of deposit whichever is greater.
|120-90 days prior to departure
||Loss of non-refundable deposit
|89-60 days prior to departure
50% of published fare*
|59-30 days prior to departure
75% of published fare*
|29-0 days prior to departure
||Loss 100% of published fare*
CANCELLATION PENALTIES FOR FLY CRUISE PACKAGE
A non refundable/non-transferable deposit of $1500pp is required within 5 working days of booking.
A second non-refundable/non transferable deposit of $2500pp is required 150 days prior to departure.
||Cancellation fees dictated by the relevant Air/Land supplier(s) policy(ies)
13.3 In case a cabin remains for single use after the cancellation of a Passenger, the Passenger occupying the cabin for single use will be asked to pay a single surcharge charged by the Company for any single cabin Booking. Alternatively, should the remaining single passenger opt to cancel the Booking, the latter will pay the cancellation charges in accordance with clause 13.2 in addition to the insurance premium.
13.4 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.
13.5 The Passenger may request the cancellation of a Combined Tour, but such a cancellation shall always apply to the whole Holiday Package. All the relevant time limits run from the scheduled date of departure of the first Cruise of the Combined Tour.
13.6 The Passenger will not be liable to pay the fees mentioned in clause 13.2 and 13.3 above if the cancellation is due to Force Majeure circumstances occurring at the place of destination or its immediate vicinity and significantly affecting the performance of the Holiday Package, or which significantly affect the carriage of passengers to the destination.
Booking Changes effected by the Company
14.1 Arrangements for the Cruise are made many months in advance by the Company. Very occasionally it may be necessary to alter them; therefore the Company expressly reserves the right to change the arrangements for the Cruise or the Holiday Package, should such changes become necessary or advisable for operational, commercial or safety reasons.
14.2 In the event of a significant alteration to an essential term of the Contract, the Company will inform the Passenger or his/her Sales Agent of such change in writing as soon as reasonably possible.
The Passenger will be offered the choice of:
a) Accepting the alteration; or
b) Booking another Holiday Package from the Company’s brochure and/or from the Official Website of equivalent or superior quality, if available; or
c) Booking another Holiday Package from the Company’s brochure and/or from the Official Website of lower quality, if available, with a refund of the difference in price; or
d) Cancelling & receiving a full refund of all monies paid.
14.3 The notification of alteration will specify a reasonable response period by which the Passenger must notify the Company of their decision. The notification will further specify that if the Passenger fails to respond within the imparted time, the alterations will be considered to be accepted.
14.4 Once a Cruise or Holiday Package has been completed, and it is impossible to ensure the Passenger’s return to their departure point as agreed in the Contract because of unavoidable and extraordinary circumstances, the Company shall bear the cost of necessary accommodation, if possible of equivalent category, for a period not exceeding three nights per traveller. Where longer periods are provided for in any applicable passenger rights legislation applicable to the relevant means of transport for the traveller’s return, those periods shall apply.
Cancellation by the Company
15.1 The Company reserves the right to cancel any Holiday Package at any time by giving written notice to the Passenger but shall not be liable for additional compensation, if:
(i) the cancellation is due to an event of Force Majeure and/or 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;
(ii) the number of persons enrolled for the Holiday Package is smaller than the 50% of the passenger capacity of the relevant ship.
In both cases above, the Company will offer the Passenger the choice of:
a) Receiving a full refund of all money paid; or
b) Booking another Holiday Package from the Company’s brochure and/or from the Official Website of equivalent or superior quality at no extra cost, if available; or
c) Booking another Holiday Package from the Company’s brochure and/or from the Official Website of lower quality, if available, with a refund of the difference in price.
15.2 The Passenger’s decision must be notified to the Company in writing or via their Sales Agent within seven (7) days of the notice of cancellation.
The Companys Liability
16.1 Subject to clause 16.3 to 16.8 the Company accepts responsibility for death, injury or illness of a Passenger caused by the negligent acts and or omissions of it and anyone who supplies services, which form part of the Holiday Package. The liability of the Company is limited, where applicable, by the conventions mentioned in 16.4 to 16.14 inclusive. The liability of the Company toward the Passenger is governed also by the International Conventions mentioned hereunder (see clauses 16.4 to 16.14) which provide limitations of liability of the Carrier. The Company is not responsible for any improper or non-performance of its obligations under the Contract 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 Holiday Package the consequences of which could not have been avoided even if all due care had been exercised, including (but not limited to) an event of Force Majeure; or
d) an event which the Company and/or anyone who supplies services which form part of the Holiday Package could not even with all due care have foreseen or forestalled.
16.2 For claims not involving personal injury, death or illness or which are not subject to the conventions referred to in clause 16.4 to 16.14 inclusive, the Company’s liability for improper performance of the Contract shall be limited to a maximum of three times the price which the affected Passenger paid for the Holiday Package (not including insurance premiums and amendment charges).
16.3 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 these Booking Terms and Conditions 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.
16.4 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 Booking Terms and Conditions and in the Conditions of Carriage. 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.
16.5 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 any his own terms and Conditions of Carriage) and under all the applicable regulations and/or conventions, such as the Montreal Convention and the International Convention relating to the Carriage of Passengers and their Luggage by Sea, adopted in Athens on 13 December 1974 and its 1976 Protocol (the “Athens Convention”), the Montreal Convention and nothing in these Booking Terms and Conditions nor in the Conditions of Carriage 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.
16.6 The liability (if any) of the Company and the Carrier for damages suffered as a result of death, personal injury or illness to the Passenger, or loss or damage to luggage shall be determined in accordance with the following provisions:
16.7 In relation to Carriage by Sea EU Regulation 392/2009 Concerning the Rights of Passengers when travelling by sea in the event of Accidents (EU Regulation 392/2009), shall apply to international carriage by sea where the port of embarkation or disembarkation is in the EU or where the vessel has an EU flag or where the contract of carriage is made in the EU .
A copy of EU Regulation 392/2009 is available on request and can be downloaded from the Internet at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/2724/annex-b-reg-ec-392-2009.pdf. A summary of EU Regulation 392/2009 can be found at http://ec.europa.eu/transport/themes/passengers/maritime/doc/rights-in-case-of-accident.pdf
Where the vessel is being used as floating accommodation then the provisions of the Athens Convention 1974 and the limits therein will apply and are hereby expressly incorporated into these Booking Conditions including any claims for loss of or damage to luggage and or death and or personal injury.
16.8 The level of damages the Company and the Carrier may be liable to pay in relation to death, personal injury or illness to a Passenger and or loss of or damage to Luggage is limited and shall in no circumstances whatsoever exceed the limits of liability set out in EU Regulation 392/2009, or where applicable Athens Convention 1974.
16.9 The liability of the Company and the Carrier for death, personal injury or illness to the Passenger shall not exceed 46,666 Special Drawing Rights (“SDR”) as provided and defined in the Athens Convention 1974 or, where applicable, the maximum sum of 400,000 SDR pursuant to EU Regulation 392/2009 or The Athens Convention 2002 and, where there is liability for war and terrorism under EU Regulation 392/2009 or The Athens Convention 2002, 250.000 SDR.
Liability of the Company and the Carrier for loss of or damage to Passenger’s luggage or other property shall not exceed 833 SDR per Passenger under the Athens Convention or 2,250 SDR where EU Regulation 392/2009 applies.
It is agreed that such liability of the Company and the Carrier shall be subject to the applicable deductibles per Passenger, such sum to be deducted from the loss or damage to luggage or other property.
The conversion rate of SDR’s fluctuates daily and may be obtained from a bank or the Internet. The value of an SDR can be calculated by visiting http://www.imf.org/external/np/fin/data/rms_five.aspx.
16.10 It is presumed under the Athens Convention 1974 and where applicable The Athens Convention 2002 or, where applicable, EU Regulation 392/2009 that the Carrier has delivered Luggage to a Passenger unless written notice is given by the Passenger within the following periods:
(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.
16.11 If the carriage provided hereunder is not “international carriage” as defined in Article 2 of EU Regulation 392/2009 or the vessel is being used as a floating hotel and or domestic carriage by sea in the UK, the provisions of the Athens Convention shall apply to this Contract and be deemed to be incorporated herein mutatis mutandis.
16.12 The Company shall not be liable for loss or damage to any valuables such as monies, negotiable securities, precious metal items, jewellery, art, cameras, computers, electronic equipment, or any other valuables unless they are deposited with the Carrier for safe-keeping, and a higher limit is agreed expressly and in writing at the time of deposit, and an extra charge is paid by the Passenger for declared value protection. Use of the ship’s safe is not a deposit with the ship. Where there is liability for loss of or damage to valuables deposited with the ship then such liability is limited to 1,200 SDR under the Athens Convention or 3,375SDR where EU Regulation 392/2009 applies.
16.13 The Company and the Carrier shall have full benefit of any applicable laws providing for limitation and/or exoneration of liability (including without limitation, law and/or the laws of the vessel’s flag in respect of/or the global limitation on damages recoverable from the Carrier). Nothing in these Booking Terms and Conditions is intended to operate to limit or deprive the Company and the Carrier of any such statutory or otherwise limitation or exoneration or liability. The servant and/or agents of the Company and the Carrier shall have the full benefit of all such provisions relating to the limitation of liability.
16.14 Without prejudice to the provisions of 16.7 to 16.13 above, if any claim is brought against the Company and Carrier in any jurisdiction where the applicable exemptions and limitations incorporated in these Booking Terms and Conditions are held to be legally unenforceable then the Company and the Carrier shall not be liable for death, injury, illness, damage, delay or other loss or detriment to any person or property arising out of any cause of whatsoever nature which has not been shown to have been caused by the Company and Carrier’s own negligence or fault.
16.15 Notwithstanding anything to the contrary elsewhere in these Booking Terms and 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.
16.16 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 strike, 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.
16.17 Where the Company has any legal liability for loss of or damage to property otherwise than in accordance with the Athens and/or Montreal Conventions then its liability shall not at any time exceed EUR 500 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.
16.18 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. Any damages payable by the Company shall be reduced in proportion to any contributory negligence by the Passenger.
Itinerary / Right to Change
17.1 The Company reserves the right at its sole discretion and/or that of the master of any vessel (which will not be exercised unreasonably) to decide whether to deviate from the advertised or ordinary itinerary, to delay or anticipate any sailing, to omit or change scheduled ports of call, to arrange for substantially equivalent carriage by another vessel, to tow or be towed or assist other vessels or to perform any similar act which, in its and/or master’s sole discretion will deem advisable or necessary for the safety, of the Passenger, of the vessel and crew. In such circumstances neither the Company nor the Carrier will be under any liability or obligation to the Passenger.
18.1 The Passenger has a duty to follow the instructions and orders of the master and officers while onboard. 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.
18.2 The Passenger hereby expressly agrees to allow any such search.
18.3 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.
18.4 Each Passenger warrants that he/she is physically and mentally fit to undertake the Cruise.
18.5 The Carrier 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 onboard.
18.6 No Passenger shall bring any animals whatsoever, except for recognized service dogs, subject to clause 7 above.
18.7 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 non-observance.
18.8 Passenger’s behavior must not affect and reduce the safety, peace and enjoyment of the Cruise by other Passengers.
18.9 It is strictly forbidden for Passengers to 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.
18.10 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 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, Carrier or supplier may be liable to pay.
18.11 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 official offered by the Company or its agreed independent contractors.
19.1 Where air carriage is included in the Contract, the Company will advise Passengers of flight timings from data supplied by the air Carrier as part of the holiday documentation. The flight schedule is for information only. The Passenger’s contract of carriage by air and the rights and obligations arising under it remain with the air Carrier. It is the Passenger’s responsibility to ensure arrival at the airport in sufficient time to check in and board the aircraft. Passengers must note that not all medical equipment can be carried or used onboard aircraft. Passengers must check with the airline prior to carriage.
19.2 If the 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), as necessary. The Company shall not be responsible for any liabilities arising in respect of flights or transfers arranged by the Passenger.
20.1 Any Passenger with a complaint whilst on a Cruise must bring it to the attention of the Cruise staff onboard 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 two (2) months 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 an Holiday Package must be made promptly to the Company or the supplier.
20.2 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
20.3 Where applicable, 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.
21.1 Subject to clause 21.2, any representation, warranty, condition, guarantee or undertaking that would be implied into, or which applies to, the Contract by legislation, common law, equity, trade, custom or usage is excluded to the fullest extent permitted by law.
21.2 Nothing in the Contract excludes, restricts or modifies, or has the effect of excluding, restricting or modifying, any non-excludable warranty, condition, guarantee, right or remedy conferred on a Passenger by the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth) or any other applicable law that cannot be excluded, restricted or modified by agreement.
21.3 To the fullest extent permitted by law, the liability of the Company for a breach of a non-excludable warranty, condition, guarantee, right or remedy referred to in clause 21.2 is limited, at the Company’s option, to:
21.3.1 the supplying of the Holiday Package again; or
21.3.2 the payment of the cost of having the Holiday Package supplied again.
22.1 The Company or its servants, agents and contractors may collect, use, disclose or otherwise process Personal Information for the purpose of taking Bookings and performing its obligations under the Contract.
22.2 Save as is required for the performance of its obligations under the Contract, the Company will not disclose the Personal Information of any Passenger to any other person, other than the Company’s own servants, agents and contractors (including Carriers), without the Passenger’s written consent, unless the disclosure is required by applicable law.
22.3 The Company will comply with all applicable privacy and data protection laws and regulations of the Commonwealth of Australia including, without limitation, the Privacy Act 1988 (Cth).
23.1 No variation of these terms shall be effective unless in writing and signed by the Company.
24.1 MSC Cruises respects the needs and desires of all Passengers, 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.
24.2 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 Passengers are assembled in groups for safety exercises, disembarkation or tour departures, public toilets, or in bars close to areas where food is served.
24.3 The Carrier highly recommends Passengers avoid smoking in the cabins because of the risk of fire. Smoking on the cabin balconies is not allowed. MSC Cruises reserves the right to levy a fee should passengers be found smoking in not designated area of the vessel. Repeatedly smoking in non- smoking areas can ultimately lead to disembarkation.
24.4 Smoking is permitted in dedicated areas of at least one bar on each ship, and on one side (indicated by signage) of the principal outer pool deck areas, where ashtrays are provided.
24.5 Throwing cigarette butts over the side of the ship is prohibited.
Liabilty of Employees, Servants & Subcontractors
25.1 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 Terms & Conditions and these parties may invoke these Booking Terms & Conditions and the Conditions of Carriage to the same extent as the Company and/or the Carrier.
25.2. Shore Excursions are operated by independent contractors even if sold by Sales Agents or on board the cruise ship. The Company 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. 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. The Company’s liability shall never exceed that of the Shore Excursion provider.
Law & Jurisdiction
26.1 The Contract is governed by the laws in force in New South Wales, Australia. Should any dispute arise on the interpretation or application of the Contract, it will be deferred to the courts of competent jurisdiction in New South Wales, to be considered as having exclusive jurisdiction on every dispute.
Errors, omissions & changes
27.1 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.
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 Sales Agent or by visiting the Company’s Official website for the most up to date Booking Terms & Conditions.