Terms and Conditions

All Cruise Packages featured in the Company’s brochure and/or in the Official Website are offered for sale by the Carrier MSC Cruises S.A., hereinafter referred as the “Company”. The ticketing agency for Carrier in the USA is MSC Cruises (USA) Inc.

 

In these Booking Terms and Conditions the following expressions shall have the meanings defined hereunder:

 

“Booking” means the steps taken by the Passenger or their agent to enter into a Contract with the Company.

 

“Booking Terms and Conditions” means these terms and conditions and the information contained in the relevant Company’s brochure, the Official Website and/or other information which will form the express terms of your Contract with the Company, including provisions listed under the heading “USEFUL INFORMATION” on our website. Your Cruise Package is also subject to the Conditions of Carriage for your voyage. In the case of any conflict between these Booking Terms and Conditions and the Conditions of Carriage, the terms of the Conditions of Carriage shall prevail.

 

“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”. For the cruise portion of your Cruise Package, the Carrier is MSC Cruises, S.A.

 

“Combined Tour” means the combination of two or more Cruises prearranged by the Company and offered for sale as a single Holiday Package. For any relevant purposes, the Combined Tour shall always be considered as a single and indivisible Holiday Package. All terms and references to a Cruise and or Holiday Package shall include and be equally applicable to a Combined Tour unless otherwise stated. References to price are references to the total price paid for the Combined Tour.

 

“Company” means MSC Cruises S.A. whose registered address is 40, Eugene Pittard, CH1206 Geneva, Switzerland who organizes Cruise Packages and sells or offers them for sale, whether directly or through a Sales Agent. All benefits, rights, and privileges of the Company provided herein or in the Conditions of Carriage shall apply also to all subsidiaries, parent 2 companies, sales agents and affiliates of the Company, to all concessionaires operating onboard, and to the vessel, her officers, staff and crew.

 

"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. Click here to view the Conditions of Carriage for the cruise portion of any Cruise Package.

 

“Contract” means the contract concluded between the Company and the Passenger relating to the relevant Cruise Package 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 a 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 a Cruise Package.

 

“Cruise Package” means the Cruise, any onboard amenity packages purchased or included, and 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 Cruise Package price.

 

“Force Majeure” means any unforeseeable and unpredictable event out of the Carrier’s or the Company’s control including Acts of God (such as, flood, earthquake, storm, hurricane or other natural disasters), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, riots, civil disturbances, industrial disputes, natural and nuclear disasters, fire, epidemics, pandemics, health risks, nationalization, government sanction, blockage, embargo, labor 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.

 

“Grand Tour” means the combination of two or more Cruises prearranged by the Company and offered for sale as a single Cruise Package. For any relevant purposes, the Grand Tour shall always be considered as a single and indivisible Cruise Package. All terms and references to a Cruise, Cruise Package and or Cruise Package shall include and be equally applicable to a Grand Tour unless otherwise stated. References to price are references to the total price paid for the Grand Tour. Grand Tour will no longer be available starting Summer 2020.

 

“Official Website” means the set of related web pages, documents and hypertext links served from the web domain www.msccruisesusa.com.

 

“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.

 

“Passenger Travel Agent” means any travel agent or non-Company owned website used by the Passenger in booking their Cruise Package. Passenger Travel Agent acts as agent 3 of the Passenger with authority to bind the Passenger to these Booking Terms and Conditions, to the Conditions of Carriage, and in making the arrangements for the Passenger’s Cruise Package including any related travel, lodging and shore excursions and tours. Carrier and Company are not responsible for any representation or conduct made by the Passenger Travel Agent, including but not limited to, any failure to remit Passenger’s deposit or other monies to Company or Carrier, for which Passenger shall at all times remain liable, or any failure to remit a refund from Carrier or Company to Passenger. Passenger acknowledges that their Passenger Travel Agent acts solely as the Passenger’s agent, and not as agent for Company or Carrier. Receipt by Passenger’s Travel Agent of these Booking Terms and Conditions, the Conditions of Carriage, or of any other communications, notices or information from Company or Carrier shall constitute receipt of such materials by the Passenger. Carrier is not responsible for the financial condition or integrity of any Passenger Travel Agent. In the event that the Passenger Travel Agent fails to remit Passenger’s monies to the Company or Carrier, the Passenger in all such circumstances remains liable for the monies due.

 

“Passengers with Disabilities or Reduced Mobility” means any Passenger whose mobility is reduced as a result of any physical disability (sensory or loco motor, permanent or temporary) or as a result of age, or any Passenger who has any intellectual or psycho-social disability or impairment, or any other cause of disability or impairment, and who needs appropriate attention and adaptation of the services made available to all Passengers to suit his/her particular needs.

 

“Refund” means a return of all or part of the Cruise Fare and is applicable only on the conditions described herein. A Refund may, at Carrier’s sole option, be issued in the form of a cruise credit certificate redeemable for a future cruise and valid for a period of at least one year from the date of issuance and which shall have no cash value. In the event of a Refund of government taxes or fees, such amount may, at Carrier’s sole option, be issued in the form of a credit certificate for future government taxes or fees on a future booking, however if the certificate is not used within the time period specified on the certificate, Passenger shall be entitled to a cash refund of government fees and taxes actually paid.

 

“Sales Agent” means the person or travel agency that sells or offers for sale the Cruise Package put together by the Company, on its own or on behalf of the Company. For Cruise Packages sold in the USA, the Company’s Sales Agent is MSC Cruises (USA) Inc., which acts as sales agent only and is not the Carrier.

 

“Section” means all paragraphs and sub-paragraphs which appear under any heading in these Booking Terms and Conditions.

 

“Shore Excursion” means any excursion, trip or activity ashore that is not included as part of the all-inclusive price of the Cruise Package and is offered for sale by the Company or onboard its vessels. Shore Excursions are operated by independent third parties and are not under the operational control of the Company.

 

“World Cruise” means the tour of the world prearranged by the Company and offered for sale as a single Cruise Package. For any relevant purposes, the World Cruise shall always be considered as a single and indivisible Cruise Package. All terms and references to a Cruise and or Cruise 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.

In order to proceed with a Booking, the Passenger must contact the Company or one of the Company’s authorized Sales Agents or representatives.

 

By booking a Cruise Package, the person making the Booking confirms, agrees and accepts that all persons named in the Booking request and on the invoice have agreed to be bound by these Booking Terms and Conditions and Conditions of Carriage, and that he/she has authority to accept these Booking Terms and Conditions and Conditions of Carriage on behalf of all the persons named on the Booking request and invoice.

 

For all cruises (excluding World Cruise and MSC Yacht Club) a deposit equal to: cruises 4 nights or less - $99 per adult or $198 per stateroom; cruises 5-14 nights - $199 per adult or $398 per stateroom; cruises 15 nights or more - $300 per adult or $600 per stateroom (based on double occupancy), is due and payable by the Passenger at time of Booking.

 

For the World Cruise, a non-refundable deposit equal to 15% of the price of the Cruise Package is due and payable by the Passenger within the first week starting from the date of the Booking confirmation.

 

For MSC Yacht Club Bookings, a non-refundable deposit equal to: cruises 4 nights or less - $99 per adult or $198 per stateroom; cruises 5-14 nights - $199 per adult or $398 per stateroom; cruises 15 nights or more - $300 per adult or $600 per stateroom (based on double occupancy), is due and payable by the Passenger at time of booking.

 

Children 17 and under sailing as the 3rd or 4 th guest in a stateroom do not require an additional deposit.

 

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 Travel Agent.

Every Cruise 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 and Conditions) is paid and the confirmation invoice provided to the Passenger or the Passenger Travel Agent.

 

Full payment is required no later than 90 days prior to departure for cruises with 5 nights or more, and no later than 60 days prior to departure for cruises with 4 nights or less.

 

If the Booking application is made within 90 days (or 60 days, as applicable) prior to departure, then full payment must be sent at the time of Booking.

 

If any Passenger fails to pay the balance by the option date given at time of Booking (option dates can vary from one to seven days from Booking date depending on sailing demand) or by the applicable 90 day or 60 day deadline, the Company has the right to cancel the Booking without notice and levy cancellation charges in accordance with Section 12 entitled 5 “Cancellation and Changes by the Passenger” below, whether the Cruise Package is resold or not.

 

The cruise prices do not include: government taxes and fees, gratuities, transportation to or from the ship, shore excursions, sightseeing or meals ashore, meals outside the main dining rooms and buffet areas, laundry, wine, beer, liquors, cocktails, soda, mineral water, medical expenses, spa, beauty salon, gaming, onboard shopping, service charges or any other items of a personal nature.

No change to the Cruise Package price will be made within the 20-day period before departure or once full payment has been received by the Company, whichever comes first.

 

Prior to 20 days before departure or receipt of full payment, the Company reserves the right to modify the Contract price to allow for variations of: (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 Cruise Package. Variations may be upwards or downwards. For air transportation costs, any variation of the Cruise Package price will be equal to the extra amount charged by the airline. For fuel costs, any variation of the Cruise 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 dues, taxes or fees, any variation of the Cruise Package price will be equal to the full amount of the fees.

The Company strongly recommends that every Passenger should have an adequate travel insurance policy which covers them sufficiently for Cruise Package cancellation, medical assistance and expenses, loss and/or damage of the luggage, from the time the Contract has been confirmed as Booked to the end of the Cruise Package. Passengers are advised to check their available coverage as many domestic health insurance plans do not cover medical expenses or medical evacuation charges outside of the Passenger’s home country.

Passengers must hold fully valid passports for the whole duration of the Cruise Package with a passport expiration date at least 6 months after the return date. Certain countries, including the USA and Russia, require machine-readable and digital photo passports. It is the sole responsibility of the Passenger to determine what visas, health certificates or other travel documents may be required for their specific itinerary, to obtain such required travel documents prior to commencing travel, and to present them upon embarkation onboard Carrier’s vessel. Passengers lacking required travel documents may be denied boarding and shall be entitled to no refund or compensation of any kind as a result of such denied boarding. Passenger agrees to indemnify and reimburse Carrier for any fine or other costs incurred by Carrier as a result of Passenger’s failure to have all required travel documentation or noncompliance with applicable regulations and Passenger authorizes Carrier to charge such amounts to Passenger’s stateroom account and/or credit card.

Passengers are strongly advised to check all legal requirements for travelling abroad and at the various ports including the requirements relating to visas, immigration, customs and health.[No text in field]

Safety is of paramount importance to the Company. Travel by sea involves certain inherent risks including vessel movement due to weather and sea conditions beyond the Carrier’s control and the inherent delay or impossibility of obtaining specialized medical care while at sea. All Passengers warrant that they are fit to travel on their intended itinerary and Cruise Package; that their conduct or condition will not impair the safety or convenience of the vessel, aircraft, and other Passengers; and that they can be carried safely in accordance with applicable safety requirements and guidelines.

Any Passenger with a condition that may affect their fitness to travel, taking into account the vessel’s itinerary, must inform the Company at the time of Booking.

The Company and/or the Carriers have the right to request the Passenger produce a medical certificate supporting the Passenger’s fitness to travel, however such certificate does not guarantee that Passenger will be able to embark or will not be disembarked as may otherwise be provided in this Section.

Company’s vessels do not have medical facilities for pre-natal care nor facilities or equipment for childbirth. Pregnant women are encouraged to seek medical advice before travelling and at any stage of their pregnancy must obtain a medical certificate from a doctor which (a) confirms their fitness to travel on board the vessel taking into account the specific itinerary, and (b) confirms that the Passenger will be not be 24 or more weeks pregnant by the end of the Cruise. The Company cannot accept a Booking and the Carrier cannot carry any Passenger who will be 24 or more weeks pregnant by the end of the Cruise.

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 required medical certificate as provided in this Section. Neither the Company nor Carrier shall have any liability or owe any refund to any Passenger who is denied boarding as a result of being 24 or more weeks pregnant or for failing to have the required medical certificate.

Passengers who become pregnant or discover they are pregnant after Booking, must notify the Company in writing within seven (7) days of discovery of their condition. Provided notice is timely given in compliance with this Section, and provided the Passenger did not know and could not reasonably have known of their pregnancy at the time of Booking, then the Company will offer the Passenger the choice of Booking another Cruise of equivalent cost from the Company’s brochure and/or from the Official Website, which Cruise would be compliant with the above mentioned terms, if available; or cancelling and receiving a full refund of the full price paid by that Passenger. This refund does not include insurance premiums paid, which are in all cases non-refundable.

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 the health or safety of themselves or others, 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 7 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 medical center or other similar facility, or to their cabin, if such measure is considered necessary by the ship’s doctor and is supported by the Master’s authority. Refusal by the Passenger to cooperate with regard to such treatment or confinement 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 have any liability nor be liable for any loss, expense, refund or compensation to the Passenger in the event of such confinement or disembarkation pursuant to the provisions of this Section.

Passengers with Disabilities or Reduced Mobility, or any Passenger who may require special accommodation or medical treatment during the Cruise Package, must provide full details of their condition and any anticipated special needs to the Company in writing at the time of Booking, including if the Passenger (a) requires an accessible cabin; (b) has any special restaurant seating requirements, special dietary requirements or food allergies; (c) intends or needs to bring any wheelchair, mobility scooter, or medical equipment on board; (d) intends to bring an assistance dog on board the vessel (please note that assistance dogs are subject to national regulations, may not be allowed ashore in all ports, and can be subject to quarantine by local officials in ports of call if carried onboard the vessel). If such condition arises after the time of Booking, then the Passenger must notify the Company in writing as soon as practical after the condition is discovered.

By booking passage, Passenger acknowledges and understands that both sea conditions and certain international, foreign or local safety regulations, requirements, or standards regarding construction or operation of the vessel, tenders, port facilities, anchorages or other facilities on or off the vessel may restrict access to certain facilities for Passengers with Disabilities or Reduced Mobility. Passengers requiring the use of a wheelchair or mobility scooter must furnish their own standard size collapsible wheelchair or mobility scooter during the whole Cruise Package. Mobility scooters are subject to size and weight limits and may not be parked in vessel hallways. Passenger’s personal scooter should be able to fit in a standard stateroom with a limited entry doorway (as narrow as 26 inches, depending on the ship). If a Passenger’s scooter is larger than this, the Company recommends the Passenger book a handicap (H) stateroom or rent a smaller scooter.

Aside from available medical services in the ship’s medical center, for which customary charges apply, Carrier is unable to provide specialized one-to-one personal care or supervision.

The Company shall not be liable for any injury, loss or damage arising from Passenger’s failure to provide timely written notice of any condition or special need pursuant to this Section.

The Company, Carrier and Master reserve the right to refuse to carry any Passenger who in the opinion of the Company or Carrier is unfit for travel or whose condition may constitute a danger to themselves or others on the Cruise. 

In some ports, it is necessary to anchor offshore and use tenders to take Passengers ashore. In order to access tenders, Passengers may be required to ascend and descend steps, traverse a moving gap between the platform and the tender (which can be approximately 1.5ft) and which may have a moving height differential, and walk to a seat inside the tender, which can experience significant sea movement. Passengers should carefully consider their ability to embark and use the tenders safely before making their way down to the tender platform, taking into consideration all of the above conditions. Mobility scooters or wheelchairs or other devices may not be carried by the crew into the tender. Carriage by tender may be refused by the Master or any of his officers in the interest of safety.

Passengers should remain seated at all times once onboard the tender and upon docking of the tender should stand only when instructed by the tender’s crew. There will be crew members there to guide and steady Passengers as they embark and disembark, but such crew members cannot support, lift or carry Passengers. 

Passengers are strongly recommended to have comprehensive travel health insurance covering medical treatment and repatriation costs and expenses.
 
There is a qualified doctor onboard and a medical center equipped to provide first aid and treatment of minor conditions onboard. The Passenger hereby acknowledges and accepts that the medical center is not equipped as a land-based hospital and the doctor is not a specialist. Due to the inherent limitations of shipboard medical care, Passengers who obtain medical care onboard are advised to promptly follow up with an applicable medical specialist ashore. Due to the nature of travel by sea, evacuation from the vessel may be delayed or impossible and is not feasible from all regions where the vessel sails. 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 nor for any delay or unavailability of evacuation. 

Neither the Company nor the Carrier supervise the medical treatment provided to Passengers. Neither the Company nor the Carrier shall be liable as a result of any loss, injury or death arising from or related to medical care, treatment, diagnosis, or medications provided to Passengers either onboard the vessel or ashore. All health, medical or other personal services in connection with the Cruise Package are provided solely for the convenience of Passengers, who may be charged for such services. 

Passengers accept and use medicine and medical treatment at their sole risk and expense without liability or responsibility of the Company or Carrier. Passenger agrees to indemnify the Company and Carrier for all medical or evacuation costs or expenses incurred. Doctors, nurses, and other medical or service personnel onboard the vessel are Independent Contractors and work directly for the Passenger. Doctors, nurses, and other medical or service personnel shall not be considered to be acting under the control or supervision of the Company or Carrier, and shall not be considered employees, actual or apparent agents, servants, or joint venturers of Company or Carrier. Neither the Company nor Carrier supervise the medical treatment of Passengers provided onboard and will not be liable for the consequences of any examination, advice, diagnosis, medication, or treatment. Due to the limited medical facilities and equipment onboard, Guests are advised to always follow up with their doctor ashore for any condition originally treated onboard. 

The Passenger acknowledges that while 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 the Passenger will be responsible for paying for onboard medical services. 

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 10 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.

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.

It is recommended that medical advice is sought before Booking for children who will be under one year of age at the time of the Cruise Package. The provisions of Section 6 of these Booking Terms and Conditions and the requirement of fitness to travel are applicable to all Passengers including infants.

 

CRUISES 4 NIGHTS OR LESS***	CRUISES LESS THAN 15 NIGHTS***	CRUISES 15 NIGHTS OR LONGER***
59 – 46 days to departure Deposit non-refundable	89 – 61 days to departure Deposit non-refundable	109 – 61 days to departure Deposit non-refundable
45 – 31 days to departure 50% penalty	60 – 46 days to departure 50% penalty	60 – 46 days to departure 50% penalty
30 – 16 days to departure 75% penalty	45 – 16 days to departure 75% penalty	45 – 31 days to departure 75% penalty
15 – 0 days to departure 100% penalty	15 – 0 days to departure 100% penalty	30 – 0 days to departure 100% penalty

 

MSC YACHT CLUB

90 days or more prior to departure	Deposit Non-Refundable
89-60 days prior to departure	50% penalty
59-30 days prior to departure	75% penalty
29-0 days prior to departure	100% penalty

 

WORLD CRUISE 2021

120 days or longer	15% penalty*
119-60 days prior to departure	25% penalty
59-15 days prior to departure	50% penalty
14-10 days prior to departure	75% penalty
9-0 ** days prior to departure	100% penalty

* or loss of deposit whichever is greater.

** “no-show” upon departure or breaking of Cruise Package (disembarkation prior to termination of the voyage) shall be considered as a cancellation made on the day of departure subject to a 100% cancellation charge.

*** excluding the World Cruise 

 

For avoidance of doubt, the above cancellation charges are applied on the fares, excluding taxes.

 

In case of a partial Booking cancellation whereby one or more Passengers have cancelled their Cruise Package, leaving one Passenger to occupy the cabin after the cancellation of the other Passenger(s), the remaining Passenger occupying the cabin for single use will be assessed a 100% single surcharge. 

 

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. Neither Carrier nor Company have any liability under the travel insurance policy in the event of cancellation. 

 

The Passenger may request the cancellation of a Grand Tour, but such a cancellation shall always apply to the whole Cruise Package. All the relevant time limits run from the scheduled date of departure of the first Cruise of the Grand Tour.

 

The Company may, in its sole discretion, waive the fees mentioned in this Section 12 if in the Company’s determination the cancellation is due to Force Majeure circumstance occurring at the place of destination or its immediate vicinity and which Force Majeure circumstance significantly affects the performance of the Cruise Package, or which significantly affects the carriage of Passengers to the destination.

 

From time to time, the Company may offer a discounted fare with non-refundable deposit. This deposit does not follow the above cancellation policy and takes immediate effect upon transaction. 

 

No refund will be issued if a Passenger voluntarily or involuntarily does not show up for their cruise, is denied boarding for any reason including failure to provide required travel documents, passport or visa, terminates his/her cruise before the scheduled disembarkation date, or is disembarked pursuant to paragraphs 6 or 17. Cruise contracts are nontransferable. A name change fee of $75 per name change will apply for any name change made within 89 days prior to sailing. Limit of one name change per reservation. More than one name change or a cruise date change is considered a reservation cancellation and is subject to the above cancellation charges. Cancellation charges are assessed on total fares, which include cruise fare, air add-ons, hotel packages and any other additional services arranged through MSC Cruises, S.A. or MSC Cruises (USA), Inc. Government taxes and fees will be refunded. Please note that hotels have their own cancellation policies and charges. 

 

MSC Cruises, S.A. and MSC Cruises (USA), Inc. offer vacation insurance at the time of Booking. The Company recommends that every Passenger should have adequate insurance, which covers them sufficiently for cruise cancellation, medical assistance and expenses, and loss and/or damage to luggage.

Arrangements for the Cruise Package are made many months in advance by the Company. The Company expressly reserves the right to change the arrangements for the Cruise package, should such changes become necessary or advisable for operational, commercial or safety reasons. Changes to one or more ports on the vessel’s scheduled itinerary may occur from time to time for a variety of reasons including but not limited to storms or hurricanes, rescue of others at sea, medical emergencies requiring vessel diversion, strikes or civil disruption or medical quarantine ashore. Changes to one or more ports shall not be considered a booking change under this Section.

In the event of a significant alteration to an essential term of the Contract, the Company will inform the Passenger or the Passenger’s Travel Agent of such change in writing as soon as reasonably possible. In such circumstances, the Passenger will be offered the choice of (a) accepting the alteration; (b) booking another Cruise package from the Company’s brochure and/or from the Official Website of equivalent quality, if available; or (c) booking another Cruise 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. 

The notification of alteration will specify a reasonable response period by which the Passenger must notify the Company of his/her decision. If the Passenger fails to respond within the imparted time contained in the Notice, the alterations will be considered to be accepted. 

In the event that it becomes impossible for the vessel to return the Passenger to their disembarkation port as agreed in the Contract, or in the event the Cruise Package or any portion or component thereof, is advanced, postponed, abbreviated, or cancelled for any reason other than due to mechanical failure, Carrier shall not have any liability to Passenger whatsoever, including but not limited to loss, compensation or refund, by reason of such cancellation, advancement, postponement, substitution or deviation except as may otherwise be provided herein. In the event the cruise component of any Cruise Package is advanced, postponed, abbreviated, or cancelled or it becomes impossible for the vessel to return the Passenger to their disembarkation port as agreed in the Contract due to 13 mechanical failure, the Company shall have no liability to the passenger except for (a) a full refund of the Cruise Fare if the Cruise is canceled in full, or a partial pro-rata refund if the cruise is terminated early; (b) transportation (by means selected by the Carrier) to the Vessel’s scheduled disembarkation port or the Passenger’s home city (at Carrier’s option); and (c) one night’s lodging (selected by the Cruise Line) if disembarkation and an overnight stay in an unscheduled port are required due to the Cruise being cancelled or terminated early because of such mechanical failures. For cruises which do not include a port in the USA and which do not embark or disembark in any USA port and which are subject to E.U. law, where longer periods are provided for in EU passenger rights legislation applicable to the relevant means of transport for the traveller's return, those periods and rights shall apply. Refunds and partial refunds made pursuant to this Paragraph or elsewhere in this these Booking Terms and Conditions, may, at the Company’s sole option, be made in the form of a cruise credit certificate valid for a period of at least one year from the date of issuance. 

The Company reserves the right to cancel any Cruise Package at any time by giving written notice to the Passenger. In such cases the Company will offer the Passenger the choice of (a) receiving a full refund of all money paid outside of cancellation penalties; (b) booking another Cruise Package of equivalent or superior quality at no extra cost, if available, from the Company’s brochure and/or from the Official Website; or (c) booking another Cruise 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. In no event shall the Company or Carrier be liable for any consequential damages or other damages as a result of such cancellation.

The Company reserves the right at its sole discretion and/or that of the Master of any vessel 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 is deemed advisable or necessary for the safety of the Passenger, of the vessel, and of the crew. In such circumstances neither the Company nor the Carrier will be under any liability or obligation to the Passenger.

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 and the Passenger hereby expressly agrees to allow any such search.

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.

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

The Carrier and/or the Master have the right to refuse the boarding or order the disembarkation of any Passenger should they deem it necessary, for the safety or 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, be likely to endanger or impair the comfort and enjoyment of other Passengers onboard. Passenger’s behavior must not affect and reduce the safety, peace and enjoyment of the Cruise by other Passengers.

No Passenger shall bring any animals whatsoever, except for recognized service dogs, subject to Section 7 (PASSENGERS WITH DISABILITIES OR REDUCED MOBILITY, MEDICAL CONDITIONS AND/OR SPECIAL NEEDS) above.

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 Section 17 (including all subparts) 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. Company and Carrier shall have no liability whatsoever in the event any Passenger is disembarked or refused embarkation at any port pursuant to the provisions of Section 17 or elsewhere in these Booking Terms and Conditions.

It is strictly forbidden for Passengers to carry firearms, weapons, ammunition, explosives or flammable, toxic or dangerous substances, goods or articles onboard any vessels which could be dangerous for the safety of Passengers and the vessels. 

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 Cruise 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.

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

There are strict time limits for giving notice of legal claims and for initiating legal action (filing suit) against the Company and Carrier contained in the Conditions of Carriage. Those terms are incorporated herein by reference. Except as may otherwise be provided in these Booking Terms and Conditions or in the Conditions of Carriage, the following time limits apply: TIME LIMIT TO GIVE NOTICE OF LEGAL CLAIMS:

(A) Notices of claim for death, illness, emotional stress or personal injury, with full particulars in writing must be received by the Company within six (6) months (185 days) after the date of such death, injury, or illness occurring in accordance with 46 U.S.C. § 30509.

(B) Notices of claim 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 damage or loss is not apparent at the time of disembarkation, then within fifteen (15) days from the date of disembarkation.

(C) Notices of claim for anything other than death, illness, emotional stress, personal injury, or loss or damage to luggage or other property, must be received by the Company in writing within fifteen (15) days from the date of disembarkation.

(D) All legal Notices under these Booking Terms and Conditions shall be sent by registered mail to LEGAL DEPARTMENT, MSC Cruises S.A., Avenue Eugène Pittard 40, CH-1206 Geneva (Switzerland).

TIME LIMITS FOR FILING SUIT IN LEGAL ACTIONS

(A) All claims against the Carrier, Company and Cruise Ship for personal injury, illness, emotional distress or death shall be time barred unless filed in the appropriate court as follows:

(i) For Voyages not including a USA port (non-USA Voyages), claims shall be time barred if not filed within two (2) years from the date of disembarkation as provided by Article 16 of the Athens Convention.

(ii) For Voyages including a USA port (USA Voyages), claims for personal injury, illness, or death shall be time barred if not filed not later than one (1) year (365 days) from the date of injury or death, except that for claims involving a Passenger under the age of eighteen (18) or an incompetent person, time shall be calculated from the date said individual reaches the age of eighteen (18), or from the date of the appointment of a legal representative, whichever comes first. Such appointment must be made within three (3) years after such injury, onset of illness or death. 22

(B) All other actions not involving personal injury, illness, emotional distress 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.

TIME LIMITS FOR GIVING NOTICE OF ALL OTHER COMPLAINTS

The following provisions are without prejudice to the time limits specified above in this Section and are intended to ensure the Company can timely address and respond to all other complaints.

Any Passenger with a complaint while on a Cruise must bring it to the attention of the Guest Relations staff onboard as soon as possible in order to give vessel staff an opportunity to resolve the issue. If the Guest Relations staff on board are unable to resolve the problem, any complaint must be submitted in writing and received by the Company within 60 days of the termination of the Cruise. Failure to report the complaint within this time may adversely affect the Company’s ability to deal with it. Complaints relating to any other part of a Cruise Package separate from the cruise, must be made promptly to the Company, actual Carrier and supplier.

For EU Voyages, 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.

For information on Consumer Protection issues for cruises booked in the USA, see the PASSENGER BILL OF RIGHTS section at www.msccruisesusa.com.

 

The Company has in place, in compliance with the bonding requirements of the Federal Maritime Commission (“FMC”), all relevant certificates of performance in order to protect its Cruise Packages in the unlikely event of the Company’s insolvency. For more information visit the FMC website at https://www.fmc.gov/resources-services/passenger-vesseloperators/.

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 and Conditions and these parties may invoke these Booking Terms and Conditions and the Conditions of Carriage to the same extent as the Company and/or the Carrier.

For all Cruise Packages where the Cruise portion of the itinerary includes any port in the USA or which embarks or disembarks in the USA (USA Voyages), the general maritime law of the United States shall apply supplemented by Florida state law on the subject of dramshop (alcohol) liability (Florida Statutes 786.125). Should any dispute of any kind or nature whatsoever arise between Passenger and the Company or Carrier, including but not limited to disputes regarding the interpretation or application of the present contract, or claims for loss, injury, death or damage, such matters shall be resolved exclusively by the United States District Court for the Southern District of Florida, or if such court lacks jurisdiction, then by a court of competent jurisdiction in Ft. Lauderdale, to the exclusion of any other court, venue or jurisdiction.

For all Cruise Packages where the Cruise portion of the itinerary does not include any port in the USA and which does not embark or disembark in the USA (non-USA Voyages), the applicable law to this Contract shall be Italian law, and such matters shall be resolved exclusively by the courts of Naples, Italy to the exclusion of any other court, venue or jurisdiction.

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 and Conditions applicable to the single Cruise or Cruise 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 and 24 Conditions. The Company reserves the right to modify or amend these Booking Terms and Conditions and the Conditions of Carriage at any time without notice. 

In case any provision of these Booking Terms and Conditions shall be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

Please read these terms and conditions carefully before booking a place on an excursion. Please note that if English is not your main language then it is your obligation to ensure that you have clearly understood these terms and conditions for online booking of shore excursions before ticking the appropriate box confirming that you have read and understood them.

As used herein “MSC”, “us” or “we” means MSC Cruises S.A., and its or their affiliates, subsidiaries, parents and/or vessels. Shore excursions are owned, operated, organized and provided by third independent contractors. MSC does not own, operate or organize the shore excursions offered on this website or onboard. MSC merely sells tickets for these shore excursions as a convenience to passengers. Therefore, you accept that by purchasing or booking shore excursions through this web site or onboard any MSC vessel, you will be entering into a contract with the owner and operators of the shore excursion.

MSC shall not be responsible in any way for the services provided by such independent contractors. MSC does not guarantee the performance or safety of the shore excursions offered nor does MSC guarantee the accuracy of shore excursion descriptions or information for sale through this website, and MSC disclaims liability for any inaccuracies relating to the shore excursions offered on this website. MSC undertakes no responsibility for and shall not be liable for the misrepresentations, breaches of contract, breaches of statutory duty, negligence or intentional or accidental conduct of any of the shore excursion owners or operators.

MSC has no control over the way the owners or operators of the shore excursions provide their services. Owners or operators of shore excursions available for purchase on this website or onboard any MSC vessel have represented to MSC that they carry out their duties in accordance with accepted standards of behavior. MSC undertakes to make no independent assessment of the safety or security of any shore excursion nor of the owners or operators of such excursions.

MSC shall not be responsible or liable for any loss, delay, injury, death or damage of any nature whatsoever sustained by you or any member of your party booked on an excursion. All reasonable care has been taken to ensure that the prices, offers, which are published in relation to any goods and services advertised, are correct at the time of printing. However, if there is an error we reserve the right to correct it as soon as we become aware of it. If any corrective change is not acceptable to you after you have booked, then you will be entitled to a full refund of what you paid for the goods and/or services booked and in such circumstances neither MSC or the owner or operator of the subject shore excursion shall have any further liability of any kind or nature whatsoever.

MSC will not be responsible for possible variations to the program due to local holidays and/or closing of the sites to be visited and/or any other event (strikes, demonstrations, mechanical breakdowns, etc.), which could prevent from performing the tour in a complete or partial way. The routing and timing of each tour will be reconfirmed onboard. Every shore excursion/tour requires a minimum number of participants and may have a maximum limit of participants. If the minimum number of passengers required is not achieved the excursion may be cancelled. If the minimum number of passengers is booked for an excursion, the tour may be lead by a bilingual guide.

You understand that MSC has made no representations about the suitability of these excursions offered for sale on this website or onboard any MSC vessel.

You and all members of your party, by booking a place on any excursion where there is a degree of physical exertion involved, confirm that you and all those others who have booked are in good physical and mental condition, with no history or condition such as seizures, dizziness, fainting, heart condition, respiratory problems or back/neck problems, or any other medical condition of body or mind which could make physical exertion or lack of access to immediate medical care hazardous (these examples are not exclusive) or any other illness, infirmity or condition that would preclude you from participating in any excursions that you have selected. You should also make sure that no one in your party who has booked such an excursion is taking medicine that carries a warning about impairment of physical or mental abilities.

If you are pregnant, certain excursions may not be suitable for you. When booking any excursions, it is your responsibility, including any member of your party that has booked an excursion, to make sure that you are fit and well enough to take part in any excursion booked and to take care of yourself whilst on it.

If you participate in an excursion involving water, you should take care in avoiding alcohol and eating a full meal. Where buoyancy aids are provided for an activity they must be worn at all times. Be aware that the sea is unpredictable. Life guards are not always present and there may not be a flag or other system to indicate whether or not it is safe to go in the water. In addition, beach activities may not be supervised or accompanied so take care to satisfy yourself as to the safety of the beach and/or the sea at the time of your excursion. Children must always be supervised by you at all times whist on an excursion, especially near water.

All such activities are undertaken by you and any member of your party that has booked at your/ their own risk and MSC cannot be held liable for any injury, loss, death or damage whatsoever resulting as a consequence. Before booking any activity excursion it is very important, and your responsibility, that you and any member of your party that has booked an excursion to check that your travel insurance covers the specific type of excursion booked.

You or any member of your booking may be prevented from participating in an excursion (whether pre-booked or not), if it is determined that you or any member of your booking is unsuited to undertake the excursion, or if you or they appear to be under the influence of drugs or alcohol. In the event that you are prevented from undertaking the excursion for any of these reasons then you may not be entitled to any refund of the cost of the excursion booked.

The owner or operator of shore excursions may require participants to sign a liability release and/or assumption of risk form before participating in the excursion. Such releases are particularly common in the case of snorkeling or scuba diving excursions.

If you book the shore excursion before cruise commences, the full payment will be debited on your board account at the time of embarkation. The shore excursions can be booked, modified or cancelled without penalties either up to 4 days before cruise departure, provided that MSC Cruises is notified through MSC Cruises web site either on board.

On board the excursions can be modified up to 48 hours prior to the commencement of the booked shore excursion. If you want to cancel the shore excursion onboard, no cancellation fees would be applied, provided that the cancellation is made 48 hours prior to the commencement of the booked shore excursion. Any refund will automatically be posted to your onboard account. Tours involving flights, trains, special events, overland stays, hotel stay and private arrangements are excluded. Other restrictions may apply.

These Terms and Conditions are subject to the Law and Jurisdiction applicable to your cruise Booking Conditions with MSC. You may also further be subject to any specific Law and Jurisdiction in relation to any third party providers’ services or goods that you have purchased and in respect of which that contract is subject to.

Once we have received and confirmed your booking, you the ‘Lead Passenger’ will become contractually liable for the goods and services booked. Before booking your Shore Excursion please confirm and tick the box below indicating that you have read and understood these terms and conditions.

We will confirm your booking by issuing a confirmation receipt by e-mail. We will communicate with you using the email address you have provided. We will assume that your email address is correct and that you understand the risks associated with using this form of communication.

Please note that if English is not your main language then it is your obligation to ensure that you have clearly understood these booking on line terms and conditions relating to any goods or services offered by any third party before ticking the appropriate box confirming that you have read and understood them.

As used herein “MSC”, “us” or “we” means MSC Cruises S.A., and its or their associate or parent companies, subsidiaries and/or vessels. All reasonable care has been taken to ensure that the prices, offers, which are published in relation to any goods and services advertised, are correct at the time of printing. However, if there is an error we reserve the right to correct it as soon as we become aware of it or to modify prices at any time without notice including after booking.

If any corrective change is not acceptable to you after you have booked, then you will be entitled to a full refund of what you paid for the goods and/or services booked and MSC and supplier shall thereafter be relieved of any further liability of any kind or nature whatsoever.

You accept that, when booking services with any third party goods or services supplier, such as a Spa treatment or parking services, you will be entering into a contract directly with the suppliers of the goods or services. MSC undertakes no responsibility for and are not liable for the misrepresentations, breaches of contract, breaches of statutory duty or negligence of any of the third party suppliers who sell their goods and services through this website or through MSC or whilst on board. We are not responsible or liable for the acts/omissions of the third party suppliers in relation to such goods or services which results in any loss, damage, or injury to you or any member of your party booking or purchasing such goods or services.

You and all members of your party by booking any services confirm that you and all those others who have booked are in good physical and mental condition, with no history or condition such as seizures, dizziness, fainting, heart condition, respiratory problems, back/neck problems, or any other medical condition of body or mind which could make the service you have booked hazardous (these examples are not exclusive). It is your responsibility to make sure that you are fit and well enough to take part in such services and to take care of yourself whilst on it.

You should also make sure that no one in your party who has booked such a treatment is taking medicine that carries a warning about impairment of physical or mental abilities. If you are pregnant some type of treatment may not be suitable for you.

If you have any doubts about your ability to participate in such services, check with your personal physician before booking.

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

Should you cancel or modify any service booked, you might be charged with a fee according to the type of the on-board service as specified in the service description. You agree on behalf of yourself and all member of your party who have booked any service or have reserved any of the advertised goods to be bound by these terms and conditions before booking your optional extras please confirm and tick the box below. We will confirm your booking by issuing a confirmation receipt together with these terms and conditions by Email. We will communicate with you using the Email address you have provided at the time of booking. We will assume that your Email address is correct and that you understand the risks associated with using this form of communication.

Once we have received and confirmed your booking, you the ‘Lead Passenger’ will become contractually liable for the goods and services booked.

These Terms and conditions are subject to the Law and Jurisdiction applicable to your cruise Booking Conditions with MSC Cruises. You may also further be subject to any specific Law and Jurisdiction in relation to any third party providers’ services or goods that you have purchased and in respect of which that contract is subject to.