NOTICE TO PASSENGER:
Below and attached to your Boarding Coupon, Passenger Ticket and (if contracted) Transfer Voucher are the terms and conditions of the Passenger Contract. Before accepting them, carefully read all the terms of the following Passenger Contract which contains important conditions and limitations including Clauses 20 to 26 which set out some of your rights, limitations of liability, court jurisdiction and time limits to file claims or to bring suit.
Carefully read all terms and conditions before accepting them. Clauses 20 to 26 set out your rights and limitations to make claims. Please retain this document for future reference.
All references to "Passenger" singular shall include the plural. All references to the masculine shall include the feminine and vice versa. Clause headings are inserted for convenience only and do not form part of the terms and conditions of this Ticket and shall not affect its construction.
The term "the Company" includes MSC Crociere S.A., MSC Cruises (USA) Inc., their parents, subsidiaries, affiliates and assigns and their collective agents, servants, the carrying vessel ("the Cruise Ship"), its owner, charterer, operator, officers, staff, crew, concessionaries, independent contractors, and any tenders or other means of transport provided by the Company to the Passenger. "Passenger" includes the person or persons named in the Ticket, their heirs and assigns, and the travel agent or other person authorized to receive the Ticket and Contract on behalf of the Passenger. The "Master" is the Captain or person in charge of and commanding of the Cruise Ship.
The Company strongly recommends that Passengers obtain travel insurance to protect against loss or damage to baggage and personal effects, trip cancellation, emergency medical disembarkation and/or repatriation expenses, accidental death or injury, illness and medical expenses sustained or incurred in connection with your cruise. Passengers should be aware that some forms of routine health insurance do not protect Passengers when outside of their usual location of residence.
(A) The Cruise Ship's operation is subject to weather conditions, mechanical problems, vessel traffic, government intervention, duty to assist other vessels or persons in distress, availability of berth facilities, and other factors beyond the Company's control. (B) The Company does not guarantee that the Cruise Ship will call at every advertised port or follow any particular route or time schedule. The Master and the Company shall have an absolute right to cancel, change or substitute the advertised schedule, ports, itinerary or route, or substitute other ships, without notice. If a scheduled port of embarkation is substituted, the Company shall determine and arrange transportation to the substituted port at no expense to the Passenger. (C) No part of the Fare is refundable, except as specifically provided as follows: (i) Before the Voyage begins, the Company has the right to cancel the Voyage for any reason without notice. The Company shall refund the full amount of the Fare received, and the Company shall have no further liability whatsoever. (ii) If the scheduled Voyage embarkation is delayed more than six (6) hours, the Company may arrange at no additional expense to the Passenger, such hotel accommodations as the Company deems appropriate until the Cruise Ship is ready to board. In this event, The Company shall have no further liability or obligation to the Passenger. (iii) After the Voyage begins, the Master may terminate the Voyage at any nearest port or at the next port of the itinerary. In such cases, the Company's sole liability shall be to make a pro-rata refund of the Fare received for any unused cruise days. The pro-rata refund will be calculated based on the number of whole days of twenty-four (24) hours that the Voyage is reduced. No pro-rata refund will be made for part of a day. The Company shall provide substitute transportation of its choice to the point of disembarkation. (iv) If the scheduled duration of the Voyage is extended, the Company shall have no liability to the Passenger, and the Passenger shall not be liable to pay any extra Fare. (v) If the duration of the Voyage is reduced, then the Company's sole liability shall be to make a pro-rata refund based on the number of whole days the Voyage is shortened by more than twenty-four (24) hours.
The Passenger may cancel the Contract at any time prior to commencement of the Voyage by giving notice in writing to MSC Cruises.
Cancellation requests must be received in writing directly to MSC Cruises no less than 76 days prior to sailing date for a full refund. Requests received less than 76 days will be subject to the following charges:
Reservations cancelled from 75 to 46 days prior to sailing -- the cancellation charge is equal to the deposit amount.
Reservations cancelled from 45 to 16 days prior to sailing - the cancellation charge is equal to 50% of the total fares, excluding taxes. Reservations cancelled 15 days or less prior to sailing - the cancellation charge is equal to 100% of the total fares, excluding taxes.
No refund will be permitted if a guest terminates his/her cruise after embarkation or while the cruise is in progress. Cruise contracts are non - transferable. Name changes and cruise date changes are considered reservation cancellations and are subject to the above cancellation fees.
Cancellation charges are assessed on the total fares, which include cruise fare, air-add-on, hotel packages, shore excursions and any other additional service arranged through MSC Cruises.
All pre-purchased MSC Cruises services, packages, and excursions cancelled once onboard are subject to up to 100% penalty.
If the Passenger fails to board the Cruise Ship before departure, or joins the Cruise Ship at another port, or leaves the Voyage while in progress, the Passenger shall not be entitled to any refund of the Fare unless circumstances in clause 7 and 8 above apply.
If the Ticket has been purchased through any travel agent, tour company, group, organizer traveling companion, or booking representative ("the Agent"), the Passenger authorizes the Company to give any notices and to pay any refund owed to the Passenger to the Agent on his behalf. The failure of the Agent to pay the full Fare to the Company is considered a breach of Contract by the Passenger when the Ticket has been purchased through an Agent. Such Agent shall be deemed to be the Agent of the Passenger and not of the Company.
The Passenger shall pay in full all charges for goods and services incurred, or incurred by the Company on his behalf, before the end of the Voyage.
The Passenger shall comply with any governmental travel requirements, laws or regulations for all ports of call on the Cruise Ship's itinerary for both Immigration, Customs and Vessel Security purposes. All Passengers must present for inspection the Ticket and Contract, a valid Passport and any visa, entry or exit permit, required by any port on the Cruise Ship's itinerary. Passenger is responsible for checking with the embassy or consulate for every country to be visited on the planned itinerary to determine what visas or other travel documentation are necessary. The Company reserves the right to deny boarding to any Passenger who lacks the necessary proof of citizenship or other required travel documentation valid for the entire duration of the scheduled voyage. Guest who fail to have the required documents will be denied boarding and such guests shall not be entitled to any refund nor shall MSC Cruises have any further liability to such guests. For your safety and convenience, Passengers are advised to check with the U.S. Department of State or their local government to review any travel advisories which may have been issued for any ports on the cruise itinerary.
The Passenger shall present himself for boarding at least two (2) hours before scheduled departure to complete any pre-boarding procedures and security inspections. For security reasons, the Passenger agrees that agents of the Company may search the Passenger, his cabin, his luggage, and any accompanying property. The Company shall have the right to confiscate any articles carried or contained in any luggage which the Company, in its sole discretion, considers dangerous or pose risk or inconvenience to the security of the Cruise Ship or persons on board. Passengers are prohibited from bringing on board any articles that can be used as a weapon, explosives, illegal or dangerous goods. The Company reserves the right to search any cabin, berth or other part of the Cruise Ship for security reasons at any time.
The Passenger warrants that he is fit to travel by sea and that his conduct or condition will not impair the safety of the Cruise Ship or inconvenience the other Passengers. Any passenger with a condition that may affect his fitness to travel is strongly encouraged to check with their personal physician regarding their ability to travel and to obtain a written physician's certificate of Passenger's fitness for an international sea voyage. If it appears to the Company, the Master or the Cruise Ship's Doctor in their sole discretion that a Passenger is for any reason unfit to travel, likely to endanger health or safety, or likely to be refused permission to land at any port, or likely to render the Company liable for Passenger maintenance, support or repatriation, then the Company or the Master shall have the right to take any of the following courses and the Company shall have no further liability to Passenger: (i) Refuse to embark the Passenger at any port; (ii) Disembark the Passenger at any port; (iii) Transfer the Passenger to another berth or cabin; (iv) If the Cruise Ship doctor considers it advisable, to place and confine the Passenger in the Cruise Ship's Infirmary, to Passenger's cabin or any other cabin, or to transfer the Passenger to a health facility at any port, all at the Passenger's expense. Passenger acknowledges that travel by sea involves certain risks and hazards including motion of the vessel by sea conditions and the delay and/or impossibility of immediate evacuation from the vessel in the event of a medical emergency depending on the vessel's location and prevailing sea and weather conditions. The Company shall have no liability and shall owe no full or partial refund in the event the Passenger is refused passage, disembarked, confined to the infirmary or their cabin, or transferred to another berth or cabin pursuant to this section.
Adult Passengers traveling with person under age 21 shall be fully responsible for that person's conduct and behavior. Passengers under age 21 may not order or consume alcoholic beverages or participate in gambling. Parents and guardians are responsible for monitoring the actions of their minor passenger at all times.
(B) For Voyages that include a port in U.S.A., all claims arising out of this Contract shall be brought in, and be subject to the exclusive jurisdiction of the U.S. District Court for the Southern District of Florida. It is expressly agreed that all disputes shall be tried by a Judge without a Jury as an Admiralty and Maritime claim pursuant to Rule 9H of the Federal Rules of Civil Procedure. Any suit shall be filed in the venue of Ft. Lauderdale, Broward County, Florida to the exclusion of any other venue or location where suit may otherwise be brought.
(A) Voyages not including a U.S.A. port: The International Convention relating to the Carriage of Passengers and their Baggage by Sea, adopted in Athens on 13 December 1974 and its 1976 Protocol, (the "Athens Convention") shall apply. (i)The Company shall be entitled to the benefit of all the limitations, rights and immunities provided by the Athens Convention including the full deductible under Article 8(4) of the Athens Convention. (ii)The liability of the Company 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 1976 Protocol. (iii) Liability of the Company for loss of or damage to Passenger's luggage or other property shall not exceed 833 SDR per Passenger. It is agreed that such liability of the Company 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 from the International Monetary Fund Website (www.imf.org). As of June 2010, 46,666 SDR's was approximately equal to US$68,219 and 833 SDR was approximately equal to US$1,218. (iv) If any provision or portion of any provision of this Contract is rendered null and void by the Athens Convention, such invalidity shall be limited to the particular invalid provision or portion of any provision and not to the whole contract.
(B) Voyages including a U.S.A. port:
(i) Where U.S.A. law applies under this contract, the liability for death, personal injury and emotional distress to a Passenger shall not exceed the limitations set out in all applicable provisions of Title 46 of the United States Code, including but not limited to 46 U.S.C. § 30509, the Limitation of Liability Act, 46 U.S.C. § 30501 et. seq., and the Death on the High Seas Act, 46 U.S.C. § 30301 et. seq.. (ii)The Company's liability for loss or damage to Passenger's luggage or other property shall not exceed US $100 per Passenger, unless a higher limit is agreed upon in writing before departure and an extra charge for declared value protection is paid as set out below in 24C(ii).
(C) All Voyages:
(i) The Company shall not be liable for loss or damage to any valuables such as monies, negotiable securities, precious metal items, jewelry, previous stones, art, cameras, computers, electronic equipment, or any other valuables unless they are deposited with the Company 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. (ii) Extra charges are: 1% of declared value for a Voyage 1 to 7 days; 2% of declared value for a Voyage 8 to 21 days; 3% of declared value for a Voyage 22 days and over. If the value of any luggage or property is misrepresented, the Company's liability for loss or damage to the property shall not exceed U.S. $100. (iii) The Company and Passenger agree not to demand any security from the other in connection with a claim of any kind. The Passenger waives the right to arrest the Cruise Ship or any other ships owner, operated or chartered by the Company, or to attach any other asset owned, chartered or operated by the Company. If the Cruise Ship is arrested or attached, then the ship and the Company shall have the right to any limitation and all defenses available herein and the Passenger causing such arrest shall be liable to the Company for all lost revenue and other losses or claims that arise from, relate to, or are incident to such arrest.
(B)Notices of Claim for all other claims, including but not limited to claims for loss or damage to luggage or other property, shall be given to the Company in writing before or at the time of disembarkation, or if not apparent, within fifteen (15) days from the date of disembarkation. Notice shall be sent by registered mail to the address in Clause 25 (A) above.
(B) All other actions not involving personal injury, illness or death, including but not limited to claims for other torts or breach of contract against the Company and the Cruise Ship, shall be time barred if not commenced not later than six (6) months (185 days), from the date of Passenger's disembarkation.