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Terms and Conditions

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.

PASSENGER CONTRACT
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.

1. CONSTRUCTION
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.

2. AGREEMENT
In consideration of the Fare, MSC Crociere S.A. ("MSC Cruises" or "The Company") agrees by issuing the Passenger Ticket ("the Ticket") and Passenger Contract ("the Contract") to transport the person named in the Ticket ("the Passenger") on the specific Voyage ("the Voyage") on named or substitute vessels subject to the terms and conditions herein. By accepting the Ticket and Contract, the Passenger agrees to be bound by all its terms, conditions and limitations. All prior oral and/or written agreement is superseded by this Contract. This Ticket and Contract cannot be amended without written and signed consent from MSC Cruises or its authorized representative. The Ticket and Contract cannot be assigned or transferred to any other person. Invalidity of any clause shall not affect the validity of any other clause of this Contract.

3. PARTIES DEFINED
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.

4. THE FARE
The fare includes cabin accommodation, meals on board and entertainment offered on the Cruise Ship. The Fare does not include alcoholic beverages, cocktails, any soft drinks, mineral water, any medical expenses, any independent contractors' services or products, shore excursions, gratuities, or any fees, charges or taxes imposed by any government agency.

5. CABIN OCCUPANCY
Passenger shall not have the right to exclusive occupancy of a cabin with two (2) or more berths unless he has paid supplement for exclusive occupation. The Company reserves the right to transfer the Passenger from one cabin to another and may adjust the Fare accordingly.

6. TRAVEL INSURANCE
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.

7. CANCELLATIONS, DELAYS AND REFUNDS
(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. 

8. CANCELLATION AND CHANGES BY PASSENGER
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.

9. NON-USE OR PART-USE OF TICKET
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.

10. NOTICES AND PAYMENTS
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.

11. EXTRA CHARGES
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.

12. TRAVEL DOCUMENTS
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.

13. SECURITY 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.

14. HEALTH AND FITNESS TO TRAVEL
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.

15. YOUNG PASSENGERS
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. 

16. MEDICAL SERVICES BY INDEPENDENT CONTRACTORS
Medical services are available on board the Cruise Ship as a convenience to the Passenger. The Cruise Ship's doctor and medical personnel are independent contractors and are entitled to charge Passengers for any medical services and medicines provided. The Cruise Ship's doctor and medical personnel are not under the Company's or Master's control for treating Passengers, and the Company shall not be liable in any way for medical services or medicines provided or not provided. Medical facilities onboard and in the various ports of call may be limited. The Company shall not be liable in any way for referring guests ashore for medical services or for the actual medical services rendered ashore.

17. OTHER INDEPENDENT CONTRACTORS
The Cruise Ship carries on board service providers who operate as independent contractors. Their services and products are not included in the Fare, and the Company is not responsible for their performance or products. These contractors may include, hairdresser, manicurist, masseuse, photographer, entertainer, fitness instructors, shopkeepers, auctioneers, and others providing services. The limitations referred to in clauses 23 to 26 shall apply to all independent contractors and their employers, all of whom are considered beneficiaries under this contract.

18. TRAVEL PACKAGES AND SHORE EXCURSIONS
Hotel accommodation and all transport (other than the Company's Cruise Ship) included in Package Tours or Shore Excursions, are operated by independent contractors even if sold by Agents or Organizers on board the Cruise Ship. "Package" and/or "Organizer" shall have the same meaning as contained in the European Union and Council directive of 13 June 1990 on Package Holidays and Package Tours (90/314/EEC). The Company shall not be responsible in any way for the conduct, products or services provided by such independent contractors nor for any injury, loss or death.

19. PASSENGER'S LUGGAGE AND PERSONAL PROPERTY
Guests are encouraged to limit their checked luggage to one suitcase per person, not to exceed 75x50x29 cm and 30kg, and only one hand luggage per person not exceeding 55x35x25cm. (i) Passenger's luggage and property shall include only personal belongings, and any commercial property shall be subject to an additional charge. (ii) The Company shall not be responsible for any fragile or perishable property carried by the Passenger. (iii) No animals or birds are permitted on board, except specially trained assistance dogs or animals required by Passengers with disabilities and providing the dog or animal has all required licenses and documentation and Company has been notified of same at the time of booking. The Company shall not be responsible for such dogs or animals and Passengers should check with all jurisdictions to be visited on the ship's itinerary to ensure such animals are allowed ashore in such jurisdictions and are not subject to quarantine. The Passenger shall have full responsibility for such dogs or animals and shall indemnify the Company for any damages or liability caused by such dogs or animals. (iv) The Company shall not be responsible to provide wheelchairs or other mobility devices. Passengers who require such devices must supply their own or make arrangements to have one delivered onboard prior to their embarkation. Passengers using wheelchairs or other mobility assistance devices are responsible to check that suitable accommodations are available at the time of booking and should verify with the Company the particular dimensions of the requested stateroom, including but not limited to door widths, and other vessel accessibility features. The Company supports the right of persons with disabilities to travel onboard its vessels. Guests with disabilities are encouraged to contact the Company to obtain detailed information regarding the facilities onboard. The Company recommends but does not require that guests requiring special assistance be accompanied by a traveling companion who can provide such assistance during the voyage. (v) All luggage must be securely packed and distinctly labeled. The Company shall not be liable for loss, damage or delay in delivery of any luggage. (vi). The Company shall not be liable for loss or damage to Passenger's luggage or property while in the custody or control of airlines, stevedores or other independent shore side contractors. (vii) All luggage must be claimed upon arrival of the Cruise Ship at final port or it will be stored at Passenger risk and expense. (viii) The Passenger shall not be liable to pay or receive any General Average contribution in respect of baggage or personal effects or property. (ix) The Company shall not be liable for loss of or damage to suitcases or other luggage containers including but not limited to loss of or damage to protruding parts such as wheels, feet, external pockets, pull handles, hanger hooks, external locks, pull straps and security straps.

20. APPLICABLE LAW
The applicable law to this Contract shall be Italian law, except that for Voyages that include port(s) in the U.S.A., in which case the general maritime law of the United States shall apply.

21. JURISDICTION
(A) For Voyages that do not include a port in U.S.A., all claims arising out of this Contract or relating to or arising from this Contract or your cruise shall be brought in and be subject to the exclusive jurisdiction of the Courts of Naples, Italy.

(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.

22. FORCE MAJEURE & EVENTS BEYOND THE COMPANY'S CONTROL
The Company shall not be liable for any loss, injury, damage, or inability to perform the Voyage arising from any Force Majeure circumstances including, but not limited to: war, terrorism, fire, natural disasters, Acts of God, labor strikes, bankruptcy, inability to procure fuel, Acts of State, failure of subcontractors to perform, or any other events beyond the Company's reasonable control. The Company shall not be liable to Passenger and Passenger shall not be entitled to any refund if Passenger is unable to reach the scheduled port of embarkation due to airline strikes, cancelled flights, volcanic eruptions or other natural conditions of the earth or weather which make it difficult or impossible for Passenger to travel to the vessel's port of embarkation. 

23. NO LIABILITY FOR EMOTIONAL DISTRESS
The Company shall not be liable to the Passenger for any emotional distress, mental anguish or psychological injury of any kind except where said emotional distress, mental anguish or psychological injury was the result of either (A) physical injury to the claimant caused by the negligence or fault of the Company, (B) the claimant having been at actual risk of physical injury and such risk was caused by the negligence or fault of the Company, or (C) was intentionally inflicted by a crewmember or the Company as provided under 46 U.S.C. § 30509.

24. LIABILITY The liability (if any) of the Company for damages suffered as a result of death, personal injury, emotional distress to the Passenger, or loss or damage to luggage shall be subject to the following limitations and shall be determined in accordance with the following:

(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.

25. NOTICES OF CLAIMS
(A) Notices of claim for death, illness, emotional stress or personal injury, with full particulars in writing must be given to the Company and the Cruise Ship within six (6) months (185 days) after the date such death, injury, or illness occurring in accordance with 46 U.S.C. § 30509. Such notice shall be sent by registered mail to:
CLAIMS DEPARTMENT
MSC Crociere
Via A. Depretis 31-80133, Naples, Italy

(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.
 
26. TIME LIMITS FOR FILING SUIT
(A) All claims against the Company or the Cruise Ship shall be time barred as follows: (i) For Voyages not including a U.S.A. port, claims shall be time barred after two (2) years from the date of disembarkation as provided by Article 16 of the Athens Convention.
(ii) For Voyages including a U.S.A. port, claims for personal injury, illness, or death shall be time barred unless commenced not later than one (1) year from the date of injury or death. (iii) For claims involving a Passenger under age 18 or an incompetent person, time shall be calculated from the date of the appointment of a legal representative. Such appointment must be made within three (3) years after such injury, onset of illness or death.

(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.

27. ADDITIONS TO FARE, AND SURCHARGES:
a) The fare that you paid was determined far in advance of Initial Departure on the basis of then-existing projections of costs, including but not limited to fuel costs. The Company reserves the right to impose or pass through fuel surcharges, security surcharges or similar incidental surcharges at any time prior to departure. In the event of an increase in costs above amounts projected, the Company further reserves the right to increase the fare or impose surcharges at any time up to Initial Departure and to require payment of the additional fare or surcharges prior to Initial Departure. The Company has the right to refuse to transport you unless the additional fare or surcharges are paid. In the event the Company imposes such fare increase or surcharges within less than 76 days of departure, You may within seven (7) days after you are notified of the additional fare or surcharges (but no later than Initial Departure), elect to surrender this contract to us for cancellation, whereupon you will receive a full refund of all monies paid to the Company. Cancellation fees do not apply to this type of refund. In the event you do not surrender this Contract within said seven (7) day period you will be deemed to have accepted the surcharge. No right of cancellation except for those otherwise provided herein exists under any of these circumstances provided The Company provides notice of such fare increase or surcharges at least 76 days prior to departure.

28. USE OF WEBSITE:
a) The Company reserves the right to make any changes or corrections, alter, suspend or discontinue any aspect of the Company website at any time. B) The Company does not make any expressed or implied warranties, representatrions or endorsements whatsoever with regard to the Company website or any information, services or product provided through the Company website. c) The Company does not accept any liability for loss or damage of any nature whatsoever and howsoever arising out of or in connection with the viewing, use of the Company website or its contents whether due to inaccuracy, error, omission or any other cause and whether on the part of the Company or its servants, agents or any person or entity.

 


1. CONSTRUCTION AND DEFINITIONS

“PASSAGE CONTRACT” means the Contract of Carriage, that the Passenger has entered into with the Organiser, the terms of which are evidenced by the booking Conditions which incorporate these terms.
“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.
“VESSEL” means the Vessel named in the relevant passage contract or any substituted vessel owned or charterered or operated or controlled by the carrier.
“SHORE EXCURSION” means any excursion offered for sale by the Carrier for which a separate charge is payable whether booked prior to commencement of the cruise or onboard the vessel.

2. NON-TRANSFERABILITY AND AMENDMENT

(“The Carrier”) agrees to transport the person named in the Ticket ("the Passenger") on the specific Voyage ("the Voyage") on named or substitute vessels. The Passenger agrees to be bound by all its terms, conditions and limitations. All prior oral and/or written agreement is superseded by these conditions. These Conditions of Carriage cannot be amended without written and signed consent from The Carrier or its authorised representative. The Passage Contract issued by the Organiser is valid only for the Passenger or Passengers for whom it is issued for the date and Vessel indicated or any substitute vessel and is not transferable.

3. PARTIES DEFINED

All references to "PASSENGER" singular shall include the plural. Passenger includes the purchaser of the Passage Contract and any person or persons named on the relevant passage ticket including Minors.
“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.
The "MASTER" is the Captain or person in charge of the carrying Vessel at any given point and commanding of the Cruise Ship.
“ORGANISER” 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.
“MINOR” means any child under the age of 18.

4. OCCUPATION OF BERTHS AND CABINS

A Passenger shall not have the right to exclusive occupancy of a cabin with two (2) or more berths unless he has paid supplement for exclusive occupation. The Carrier reserves the right to transfer the Passenger from one cabin to another and may adjust the Fare accordingly. The Master or the Carrier may if it becomes advisable or necessary at any time transfer a Passenger from one berth to another.

5. MAINTENANCE DURING DELAY OR OVERSTAYING

Passengers who remain onboard after the arrival of the Vessel at its final Port of destination and after Passengers have been asked to disembark, will be required by the Carrier to pay for their maintenance at current rates for every night they remain onboard.

6. PREMATURE TERMINATION OF THE CRUISE

6.1 At any time before or after commencement of the voyage and whether or not the Vessel may have deviated or have proceeded beyond the port of destination, the Carrier may by notice in writing to the Passenger or by advertising in the press or by any other suitable means terminate the cruise if the performance or further performance is hindered or prevented by causes beyond the control of the Carrier or if the Master or the Carrier consider that such termination is necessary for the management and/or safety of the vessel.

6.2 If the voyage is so terminated then the Carrier will not have any liability to the Passenger whose sole remedy will be against the Organiser pursuant to Council Directive 90-314-EEC 13th June 1990 or equivalent legislation and/or the Passage Contract.

7. DEVIATIONS, CANCELLATIONS AND DELAYS

7.1 The Cruise Ship's operation is subject to weather conditions, mechanical problems, vessel traffic, government intervention, duty to assist other vessels in distress, availability of berth facilities, and other factors which may be beyond The Carrier's control.

7.2 The Carrier 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 Carrier shall have an absolute right to 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 Carrier shall determine and arrange transportation to the substituted port at no extra expense for the Passenger.

7.3 Before the Voyage begins, The Carrier has the right to cancel the Voyage for any reason without notice if it considers that it is necessary to do so for the safety of the Vessel, or persons onboard.

7.4 The Carrier or the Master shall have the liberty to comply with any Order or Directions as to departure/arrival routes, ports of call, stoppages, trans-shipment, discharge or destination or otherwise given by any government or any department or by any person acting or purporting to act with the authority of any government or any department thereof or by any war risks insurance association working under any government scheme in which the Vessel may be entered. Nothing done or not done under such orders or directions shall be deemed a deviation in law.

7.5 Any dates and/or times specified in any timetables or otherwise which may be issued by the Organiser and/or the Carrier are only approximate and may be altered by the Carrier at any time and to such extent as is considered necessary in the interest of the voyage as a whole. 7.6 If the Vessel shall be prevented or hindered by any cause whatsoever from sailing or proceeding in the ordinary course the Carrier shall be entitled to transfer the Passenger either to any other similar Vessel or with the consent of the Passenger to any other means of transportation bound for the Passenger’s place of destination.

8. EXTRA CHARGES

8.1 The Passenger shall pay in full all charges for goods and services incurred, or incurred by The Carrier on his behalf, before the end of the Voyage in any currency in general use onboard at the time of payment.

8.2 Alcoholic beverages, cocktails, softdrinks, mineral water and any medical expenses, any independent contractor services or products, shore excursions or any fees, charges or taxes imposed by any government agency shall be extra charges. For your convenience a 15% service charge is automatically added to the beverage purchases.

8.3 Tipping is a personal matter and your own judgment is the best guide. For your convenience MSC Cruises will automatically add a modest service charge to your onboard account. It will be based on the number of days in which services are actually rendered and vary by itinerary:

Mediterranean,  Northern Europe and Abu Dhabi & the Emirates Cruises:
Cruises of 9 days / 8 nights or less
Adults (18 and Over): $7 Euro per night
Child (14 and over): $3.5 Euro per night
Child (Under 14): No Service charge applied

Cruises of 10 days / 9 nights or more 
Adults (18 and over): $6 Euro per night
Child (14 and over): $3 Euro per night
Child (Under 14): No Service charge applied

Grand Cruises to/from Abu Dhabi & the Emirates
Adults (18 and over): $6 Euro per night
Child (14 and over): $3 Euro per night
Child (Under 14): No Service charge applied

South Africa cruises:

South Africa Cruises
Adults (18 and over): $6 US Dollars per night
Child (3 and over): $3 US Dollars per night
Child(Under 3): No service charge applied

Grand Cruises from South Africa (Northbound)
Adults (18 and over): $6 US Dollars per night
Child (3 and over): $3 US Dollars per night
Child( Under 3):No service charge applied

Grand Cruises to South Africa (Southbound)
Adults (18 and over): $6 Euro per night
Child (14 and over): $3 Euro per night
Child (Under 14): No Service charge applied

South America cruises:

South America Cruises
Adults (18 and over): $9 US Dollars per night
Child (3 and over): $4.5 US Dollars per night
Child(Under 3):No service charge applied

Grand Cruises from South America (Eastbound)
Adults (18 and over): $9 US Dollars per night
Child (3 and over): $ 4.5 US Dollars per night
Child(Under 3):No service charge applied

Grand Cruises to South America (Westbound)
Adults (18 and over): $6 Euro per night
Child (14 and over): $3 Euro per night
Child (Under 14): No Service charge applied 
 

Caribbean and Canada/New England cruises:

Caribbean and Canada/New England cruises:
Adults (18 and over): $12 US Dollars per night
Child (3 and over): $6 US Dollars per night
Child(Under 3): No service charge applied 

Grand Cruises from Caribbean and/or Canada/New England (Eastbound)
Adults (18 and over): $12 US Dollars per night
Child (3 and over): $6 US Dollars per night
Child(Under 3):No service charge applied

Grand Cruises to Caribbean and/or Canada/New England (Westbound)
Adults (18 and over): $6 Euro per night
Child (14 and over): $3 Euro per night
Child (Under 14): No Service charge applied

 
MSC Cruises does not recommend tipping individual members of staff.

Bar Service Charge
A 15% Bar Service Charge is automatically added to all purchases.


Service charges are subject to change and may vary based on the Ship’s on board currency. Should you wish to make any adjustments you may do so by contacting the Guest Relation Manager at any point during our cruise. MSC Cruises does not recommend tipping individually. 

9. TRAVEL DOCUMENTS

9.1 The Passenger is responsible for and shall comply with any governmental travel requirements, laws or regulations for all ports of call on the Cruise Ship's itinerary. 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.

9.2 The Passenger, or if a Minor, his parents or guardian, shall be liable to the Carrier for any fines or penalties imposed on the Vessel or Carrier by any authorities for the Passenger’s failure to observe or comply with local governmental laws or regulations, including requirements relating to immigration, customs or excise.

9.3 The Carrier reserves the right to check and record details of such documentation. The Carrier makes no representation and gives no warranties as to the correctness as to any documentation, which is checked. 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 and health.

10. SECURITY

10.1 The Passenger shall present himself for boarding at least two (2) hours before scheduled departure to complete any pre-boarding procedures and security inspections.

10.2 For security reasons, the Passenger agrees that agents of The Carrier may search the Passenger, his luggage, and any accompanying property.

10.3 The Carrier shall have the right to confiscate any articles carried or contained in any luggage which The Carrier, in its sole discretion, considers dangerous or pose risk or inconvenience to the security of the Cruise Ship or persons on board. 10.4 Passengers are prohibited from bringing on board any articles that can be used as a weapon, explosives, illegal or dangerous goods.

10.4 The Carrier reserves the right to search any cabin, berth or other part of the Cruise Ship for security reasons at any time.

11. HEALTH AND FITNESS TO TRAVEL

11.1 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.

11.2 Any passenger with a condition that may affect his fitness to travel must submit a physician's certificate prior to departure.

11.3 If it appears to The Carrier, the Master or the Cruise Ship's Doctor 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 Carrier liable for Passenger maintenance, support or repatriation, then The Carrier or the Master shall have the right to take any of the following courses:
(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 him/or confine him in the Cruise Ship's Hospital or to transfer the Passenger to a health facility at any port, at the Passenger's expense
(v) to administer first aid and administer any drug, medicine or other substance or to admit and/or confine the Passenger to a hospital or other similar institution at any port provided that the ship’s doctor and/or Master considers that any such steps are necessary.

11.4 Where a Passenger is refused embarkation as a result of health and or fitness to travel, the Carrier shall not be liable for any loss or expense occasioned to the Passenger thereby, nor shall the Passenger be entitled to any compensation from the Carrier.

11.5 The Vessel has a limited number of cabins equipped for disabled persons. Not all areas or equipment on the Vessel are accessible to disabled persons or suitable for access to disabled persons.

11.6 The Carrier reserves the right to refuse passage to anyone who has failed to notify it of such disabilities or who in the Carrier’s and or Master’s opinion is unfit or unable to travel or anyone whose condition may constitute a danger to themselves or others onboard.

11.7 Passengers who need assistance and/or have special requests or need special facilities or equipment must notify the Organiser at the time of booking. The Carrier is not obliged to provide any assistance or meet special requests unless the Carrier has agreed to do so in writing.

11.8 Those Passengers confined to wheelchairs must furnish their own standard size wheelchairs and must be accompanied by a travelling companion fit and able to assist them. The ship’s wheelchairs are available for emergency use only.

11.8 Any Passenger who embarks, or allows any other Passenger for whom he or she is responsible to embark, when he or she or such other Passenger is suffering from any sickness, disease, injury or infirmity bodily or mental or to his or her knowledge has been exposed to any infection or contagious disease, or for any other reason is likely to impair the health, safety or reasonable comfort of other persons onboard or for any reason is refused permission to land at his or her port of destination shall be responsible for any loss or expense incurred by the Carrier or the Master directly or indirectly in consequence of such sickness, disease, injury, infirmity, exposure or refusal or permission to land unless in the case of sickness, disease, injury, infirmity or exposure the same has been declared in writing to the Carrier or the Master before embarkation and consent in writing of the Carrier or the Master to such embarkation has been obtained.

11.10 Pregnant women are highly recommended to seek medical advice prior to travel at any stage of their pregnancy. Women who are up to 23 weeks pregnant at the end of the cruise are required to produce a medical certificate of fitness to travel. The Carrier cannot for health and safety reasons carry pregnant Passengers of 24 weeks or more at the time of embarkation. The Carrier reserves the right to request a medical certificate at any stage of pregnancy and to refuse passage if the Carrier and/or the Master are not satisfied that the Passenger will be safe during the passage.
 
11.11 The Company expressly reserves the right to refuse boarding rights to any Passenger who appears to be in any advanced state of pregnancy and shall have no liability in respect of such refusal.

11.12 The ship’s doctor is not qualified to delivery babies onboard or to offer pre or post natal treatment and no responsibility is accepted by the Carrier in respect of the ability to provide such services or equipment. Pregnant Passengers are referred to the section herein headed medical treatment for information regarding the medical facilities onboard.

12. PASSENGER’S CONDUCT

12.1 The health and safety of the Vessel and all those onboard is of paramount consideration. Passengers must pay attention to and comply with all regulations and notices relating to the safety of the Vessel, her crew and passengers, the terminal facilities and immigration requirements.

12.2 Passengers must at all times conduct themselves in a manner which respects the safety and privacy of other persons onboard.

12.3 Passengers must comply with any reasonable request made by any member of staff, the Master or his officers.

12.4 All Passengers must take care for their safety whilst walking on outside decks. Passengers and children should not run around the decks or other parts of the Vessel.

12.5 Passengers’ luggage must not be left unaccompanied at any time. Unaccompanied luggage may be removed and/or destroyed.

12.6 The Passenger shall not bring onboard the Vessel any goods or articles of an imflamable or dangerous nature, nor any controlled or prohibited substance. Breach of these conditions and regulations shall render the Passenger strictly liable to the Carrier for any injury, loss, damage or expense and/or to indemnify the Carrier against any claim, final penalty arising from such breach. The Passenger may also be liable for statutory fines and/or penalties.

13. ANIMALS/PETS

13.1 Animals and/or pets are not allowed onboard the Vessel under any circumstances without the Carrier’s permission in writing. Any such animals or pets brought onboard by the Passenger without permission will be taken into custody and arrangements will be made for the animal to be landed at the next port of call at the Passenger’s sole expense.

13.2 Whilst the Carrier and/or its Servants and/or Agents will take such care as is reasonable in all the circumstances in relation to the pet or animal, neither the Master or Carrier is liable to the Passenger in respect of any loss of injury to the pet or animal whilst in the Carrier’s possession/custody.

14. LIQUOR

14.1 Liquor, including wines, spirits, beer or other liquers are available for purchase onboard the vessel at fixed prices. Passengers are not permitted to take onboard any such liquors for use during the voyage, whether for consumption in their own cabins or otherwise.

14.2 The Carrier and/or its Servants and/or Agents may conviscate alcohol brought onboard by Passengers.

14.3 The Carrier and/or its Servants and/or Agents may refuse to serve a Passenger alcohol or further alcohol where in their reasonable opinion the Passenger is likely to be a danger and/or nuisance to himself, other passengers and/or the Vessel.

15. MINORS

15.1 The Carrier does not accept unaccompanied Minors. Minors will not be allowed to embark unless they are accompanied by a parent or guardian. Adult Passengers travelling with a Minor shall be fully responsible for that Minor’s conduct and behaviour. Minors may not order or consume alcoholic beverages or participate in gambling. When voyages include a port located in the U.S.A. the same conditions apply for passengers under age 21.

15.2 Minors onboard must be supervised by a parent or guardian at all times and are welcome at the activities onboard or at shore excursions provided that a parent or guardian is present. Children cannot remain onboard if their parents or guardians go ashore.

15.3The adult passengers shall be liable to the Carrier and shall reimburse it for loss, damage or delay sustained by the Carrier because of any act or omission of the Passenger or minor Passenger.

15.4 Minor Passengers are subject to all the terms contained in the Conditions of Carriage.

16. MEDICAL SERVICES BY INDEPENDENT CONTRACTORS

17.1 Medical services are available on board the Cruise Ship as a convenience to the Passenger. The Cruise Ship's doctor and medical personnel are independent contractors and are entitled to charge Passengers for hospitalisation, any medical services and medicines provided. The Cruise Ship's doctor and medical personnel are not under the Master's control for treating Passengers, and The Carrier shall not be liable in any way for medical services or medicines provided or not provided.

17.2 Medical facilities onboard and in the various ports of call may be limited. The Carrier shall not be liable in any way for referring guests ashore for medical services or for the actual medical services rendered ashore. In the event that medical attendance of any kind or ambulance assistance, whether on shore, at sea or by air is required and is provided or ordered by the Carrier or the Master or the doctor, the Passenger concerned shall be liable for the full charge or cost thereof and shall indemnify the Carrier upon first deman of any costs incurred by the Carrier, its Servants or Agents. Passengers who by reason of illness or through any other cause require special or extra accommodation or special or extra attention during the course of the voyage will be charged accordingly.

18. MEDICAL TREATMENT

18.1 It is the Passenger’s obligation and responsibility to seek medical assistance from the qualified doctor onboard the Vessel as and when necessary during the cruise. 18.2 The cruise ship’s doctor is not a specialist and the ship’s medical centre is not required to be and is not equipped to the same standards as a land-based hospital. The Vessel carries medical supplies and equipment as required by its flag state. Neither 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. 18.3 In the event of illness or accident, Passengers may have to be landed ashore by the Carrier and/or Master for medical treatment. The Carrier makes no representations regarding the quality of medical treatment at any port of call or at the place at which the Passenger is landed. 18.4 Passengers are advised to ensure that their insurance covers medical treatment. 18.5 The Carrier accepts no responsibility whatsoever in relation to medical facilities provided ashore. 18.6 Medical facilities and standards vary from port to port and makes no representations or warranties in relation to such standards.

19. OTHER INDEPENDENT CONTRACTORS

The Cruise Ship carries on board service providers who operate as independent contractors. Their services and products are charged as extras. The Carrier is not responsible for their performance or products. These contractors may include, hairdresser, manicurist, masseuse, photographer, entertainer, fitness instructors, shopkeepers and others providing services. The limitations referred to in clauses 24 shall apply to all independent contractors.

20. TRAVEL PACKAGES AND SHORE EXCURSIONS

Hotel accommodation and all transport (other than The Carrier's Cruise Ship) included in Package Tours or Shore Excursions, are operated by independent contractors even if sold by Agents or Organisers on board the Cruise Ship. "Package" shall have the same meaning as contained in the European Union and Council directive of 13 June 1990 on Package Holidays and Package Tours (90/314/EEC). The Carrier shall not be responsible in any way for the conduct, products or services provided by such independent contractors.

21. PASSENGER'S LUGGAGE AND PERSONAL PROPERTY

21.1 Each Passenger is permitted to carry on board two (2) suitcases and two (2) pieces of hand luggage. The Passenger agrees to pay The Carrier's current rate for any excess luggage. 21.2 Passenger's luggage and property shall include only personal belongings, and any commercial property shall be subject to an additional charge. 21.3 The Carrier shall not be responsible for any fragile or perishable property carried by the Passenger. 21.4 No animals or birds are permitted on board, except assistance dogs licensed to Passengers with disabilities providing The Carrier has given its separate consent at the time the Ticket was purchased. The Passenger shall have full responsibility for such dogs. 21.5 Passengers with their own wheel chairs must check that suitable accommodations areavailable at the time of booking, and a written addendum is signed by the Passenger and Company and is added to the Ticket and Contract. The Passenger agrees to, and should arrange for another Passenger to assist him during the Voyage. 21.6 All luggages must be securely packed and distinctly labelled. The Carrier shall not be liable for loss, damage or delay in delivery of any luggage, if luggage is not sufficiently labelled. 21.7 The Carrier shall not be liable for loss or damage to Passenger's luggage or propertywhile in the custody or control of stevedores or other independent shore side contractors. 21.8 All luggages must be claimed upon arrival of the Cruise Ship at final port or it will be stored at Passenger risk and expense. 21.9 The Passenger shall not be liable to pay or receive any General Average contribution in respect of baggage or personal effects or property. 21.10 The Carrier shall have a lien upon and the right to sell by auction or otherwise, without notice to the Passenger any luggage or other property belonging to any Passenger in satisfaction of unpaid monies or of any other monies which may in any way have been become due by the Passenger to the Carrier or to its Servants, Agents or Representatives.