Construction & Definitions
THESE ARE THE TERMS AND CONDITIONS, WHICH APPLY TO YOUR HOLIDAY PACKAGE. PLEASE READ THEM CAREFULLY AS YOU WILL BE BOUND BY THEM.
All travel services featured in the Company’s brochure and/or on the Official Website are advertised for sale by MSC Cruises S.A. (“MSC Cruises”). When we confirm your Booking, you will be entering into a Contract with MSC Cruises for the supply of each travel service to you.
1.1 MSC Cruises (Australia) Pty Ltd, hereinafter referred to as the “Company”, provides a booking service for Passengers wishing to book a Holiday Package with MSC Cruises.
1.2 When making your Booking the role of the Company is limited to the Company’s Services, however, any enquiries regarding your Booking, Holiday Package, MSC Cruises’ Services, cancellations and refunds may be directed to the Company. Certain laws such as the ACL, the CGA and any applicable state-based consumer legislation (Consumer Laws) are in place for your protection.
As the Company helps you to combine and purchase Holiday Packages, the Company will have certain obligations to you under the Consumer Laws.
1.3 These Booking Terms & Conditions:
(a) apply to the supply of Services listed on the Passenger’s itinerary from the date that you accept these Booking Terms & Conditions; and
(b) do not alter any rights or protections granted to you under the Consumer Laws.
1.4 You accept these Booking Terms & Conditions (and applicable World Cruise terms and conditions stated on the Official Website), when you submit a Booking Request for any Holiday Package to the Company (or a Booking is made on your behalf pursuant to clause 1.5). A Contract is formed between MSC Cruises and the Passenger upon the Company or the Passenger’s Agent sending the booking confirmation to the Passenger.
1.5 If you make a Booking on behalf of a third party, you warrant that you have the authority of that third party to make the Booking on his or her behalf and that that third party has read and has the authority to accept these Booking Terms & Conditions on behalf of all the persons (including any minors) named on the Booking Request submitted to the Company. You are liable for making payment of any Booking you have made irrespective of the name in which the Booking is made and related Service Fees. You must compensate the Company (as applicable) for any losses the Company or MSC Cruises suffers as a result of any conduct of that third party leading to a breach of these Booking Terms & Conditions as the third party is deemed to be a party to these Booking Terms & Conditions pursuant to this clause 1.5.
1.6 If a passenger or his/her representative (other than an Agent) books MSC Cruises Services directly with the Company, the passenger or his/her representative may deal with the Company in relation to those services as well as in relation to making amendments, requesting refunds, cancellations and any other related issues or claims.
1.7 If a passenger, or his/her representative, books MSC Cruises Services through an Agent, any amendments or enquiries on the Booking will need to be made by the Agent (unless otherwise agreed). We note that your Agent may have different cancellations, refund and other terms and conditions that may apply to you and any refunds will be issued back to the Agent (unless otherwise agreed) where applicable and in accordance with the ACL.
1.8 If an Agent makes a Booking, the Agent must provide, and warrants that it has provided, to the Passenger a copy of these Booking Terms & Conditions.
2. INTERPRETATION & DEFINITIONS
2.1 Except where the context otherwise provides or requires, the terms you or your refers to any Passenger, including any authorised representative of the relevant Passenger or related company, related party, officer or authorised person of the relevant entity that books a Holiday Package, makes any amendments to a Holiday Package or books MSC Cruises’ Services through the Company and agrees (by conduct, notice, payment, or otherwise) to be bound by these Booking Terms & Conditions.
2.2 In these Booking Terms & Conditions the following expressions shall have the meanings defined hereunder:
“A$” means Australian dollars.
“ACL” means the Australian Consumer Law under Schedule 2 of the Consumer and Competition Act 2010 (Cth) as amended.
“Agent” means the person or travel agency that either sells or offers for sale the Holiday Packages to you on its own behalf as a principal and an organiser; or makes available the Services as an agent of MSC Cruises and the Company respectively (with the Company acting in the capacity described in these Booking Terms & Conditions).
“Booking” means the steps taken by you to book a Holiday Package.
“Booking Request” means any request to the Company to make a Booking for you which is subject to confirmation by issuance of a Confirmation Invoice.
“Booking Terms & Conditions” means these terms and conditions.
“Carrier” means any entity which has undertaken the obligation to carry the Passenger from one place to another 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”, other than the MSC Cruises’ vessel.
“CGA” means the New Zealand Consumer Guarantees Act 1993.
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 (Australia) Pty Limited (ABN 55 003 526 725) of 532/5-19 Lime Street, Sydney, NSW 2000.
Services” means the booking of Cruises, flights, accomodation and other on-shore activities at the various destinations included in a Holiday Package, ticket issuing for Cruises, liaising with Carriers to distribute tickets issued by them, and generally managing the relationship between MSC Cruises and the Passenger on behalf of MSC Cruises.
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.
“Contract” means the contract concluded between the MSC Cruises and the Passenger relating to the relevant Holiday Package.
“Cruise” means the transport by sea and the stay on board a MSC vessel (as described in the relevant brochure of MSC Cruises, the Official Website or other documentation produced for or on behalf of MSC Cruises by the Company), which – if not purchased with pre- or post-Cruise services – can be considered by itself as a Holiday Package.
Passenger” or “Passenger with Reduced Mobility” means any Passenger whose mobility when using transports is reduced as a result of any physical disability (sensory or locomotor, permanent or temporary), intellectual or psychosocial disability or impairment, or any other cause of disability or impairment or as a result of age, and whose situation needs appropriate attention and adaptation to his/her particular needs for the services made available to all Passengers.
requirements” means the requirements under the laws in the jurisdiction in which a vessel is registered or licensed.
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, pandemic, health risks, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity or telephone service and/or any unforeseen technical problems with transport including changes due to rescheduling or cancellation or alteration of flights, closed or congested airports or ports.
“FTA” means the New Zealand Fair Trading Act 1986.
Package” means the Cruise whether or not in combination with flight(s) and/or any pre- and/or post-Cruise arrangement for accommodation. It does not include Shore Excursions or shuttle services which do not form part of the inclusive Holiday Package price nor any other services.
Cruises” means MSC Cruises S.A. whose registered address is 40, Eugene Pittard, CH-1206 Geneva, Switzerland.
Cruises’ Services” means providing all Cruise services outlined in the relevant brochure of MSC Cruises, the Official Website or other documentation produced for or on behalf of MSC Cruises by the Company but not including third party services.
“NZ$” means New Zealand dollars.
Website” means www.msccruises.com.au / www.msccruises.com.nz.
“Passenger” means the person named either on the Confirmation Invoice issued to you by the Company (on behalf of MSC Cruises).
Information” has the meaning given to that term in the Privacy Act 1988 (Cth).
“Services” means the Company’s Services and MSC Cruises’ Services.
Excursion” means any excursion, trip or activity ashore that is not included as part of the all-inclusive price of the Holiday Package and is offered for sale by MSC Cruises on board MSC vessels.
Cruise” means a tour of the world prearranged by the Company and offered for sale as a single Holiday Package. For any relevant purposes, a World Cruise shall always be considered as a single and indivisible Holiday Package. All terms and references to a Cruise and or Holiday Package shall include and be equally applicable to a World Cruise unless otherwise stated. References to price are references to the total price paid for the World Cruise. For conditions specific to a World Cruise, please refer to the following page on the Official Websites: Click here for Australia or Click here for New Zealand
Booking Procedure & Deposit
3. BOOKING PROCEDURE AND DEPOSIT
3.1 You may make a Booking in Australia (or New Zealand) by contacting the Company.
3.2 Holiday Package Deposit: A deposit of A$200 per person per Cruise is due and payable by you to the Company within five (5) working days (or earlier if advised at the time of Booking). For group/air/special packages additional deposit amounts and/or final payment is required dependent on special packages promoted and will be advised at time of booking. Children 17 and under sailing as the 3rd or 4th guest in a stateroom do not require an additional deposit.
3.3 World Cruise Deposit: a non-refundable and non-transferable deposit equal to 15% of the price of the cruise fare including port charges is due and payable by the Passenger within seven (7) working days to secure your cruise fare.
4.1 Every Holiday Package is subject to availability at the time of Booking.
4.2 Full payment to the Company is required no later than 90 days prior to departure, unless special payment conditions apply. For a World Cruise, full payment to the Company is required no later than 60 days prior to departure.
4.3 If the Booking Request is made within 90 days prior to departure, then full payment must be made at the time of making a Booking.
4.4 If you fail to pay the balance 90 days prior to departure, the Company has the right to cancel the Booking without notice and levy cancellation charges in accordance with clause 15 below, whether the Holiday Package is resold or not.
4.5 You must make all payments by direct credit to the bank account nominated by the Company or by credit card or as otherwise indicated by the Company in writing. A surcharge of 1.75% - 2.5% is applicable on any credit card payment subject to variation from time to time depending on the type of credit card and the country of origin of your credit card account. Details are available on request.
*Please note, selected credit cards may incur a foreign bank transaction fee in addition to the payment amount. This fee is not applied by the Company but could be applied by the card-issuing institution, depending on the type of card being used. As this is not an MSC Cruises fee, it cannot be refunded by the Company.
Prices & Price Guarantee
5. PRICES AND PRICE GUARANTEE
5.1 No change to the Holiday Package price will be made within the 20-day period before departure or once full payment has been received by the Company.
5.2 Subject to your rights at law, the Company reserves the right to modify the Contract price at all times up to and including the date you make full payment of the Contract price above to allow variations for:
(a) air transportation costs;
(b) fuel costs for the propulsion of the vessel;
(c) dues, taxes or fees chargeable for services such as embarkation or disembarkation fees at ports or airports; and
(d) the exchange rates relevant to the Holiday Package.
5.3 Variations may be upwards or downwards. For paragraph a) any variation of the Holiday Package price will be equal to the extra amount charged by the airline. For paragraph b) any variation of the Holiday Package price will be equal to 0.33% of the price of the Cruise for every dollar of increase of the fuel per barrel (NYMEX Index). For paragraph c) any variation of the Holiday Package price will be equal to the full amount of the additional dues, taxes or fees chargeable (or where a reduction in such dues, taxes or fees applies, the Holiday Package price will be adjusted accordingly to reflect the reduction in such dues, taxes or fees).
5.4 If the increase in the Holiday Package price amounts to more than 8% of the total Holiday Package price at the time of Booking, subject to clause 3.2 to clause 3.3 you will be entitled to cancel the Contract with a full refund of the Holiday Package price to the extent of the amount paid by you to the Company at the time of cancelation. Such right of refund does not include insurance premiums paid which are in no case refundable by the Company nor apply to any voluntary amendments made to your booking nor to flights which are regulated by the applicable Carrier’s terms and conditions. Please refer to clause 15 for details about refunds where you cancel a Booking.
5.5 To exercise the right to cancel the Passenger must notify the Company in writing within 7 days of receiving the price increase notification.
6.1 The Company recommends that every Passenger arranges for himself or herself appropriate insurance cover taking into account the Passenger’s personal health, financial position, and any other factors related to his/her personal circumstances (including but not limited to cover for illness, injury, death, medical and repatriation expenses, evacuation, loss of baggage and personal items). Neither the Company nor MSC Cruises are liable for any costs associated with any itinerary changes that may need to be made or any other event that may occur from the time the Contract is formed to the end of the Holiday Package.
Passport & Visas
7. PASSPORT AND VISAS
7.1 Passengers must hold fully valid passports for the whole duration of the Holiday Package and the expiry date must be at least 6 months after the return date. Certain countries insist on machine-readable and digital photo passports, especially Russia and the USA.
7.2 The Company is not responsible for obtaining visas for any passenger, this is the responsibility of the individual passenger. It is the duty of the Passenger to verify that his/her passport, visas, or other documents for travel are accepted in the countries where the Holiday Package is deployed. Passengers are strongly advised to check for all legal requirements for travelling abroad and at the various ports to include the requirement of visas, immigration, customs, health and excise.
7.3 Each passenger is liable to the Company or the Carrier for any fines or penalties imposed on any of them by any authorities for the Passenger’s failure to observe or comply with any local governmental laws or regulations, including requirements relating to visas, immigration, customs, health or excise.
Fitness & Travel
8. FITNESS TO TRAVEL
8.1 When you accept these Booking Terms & Conditions, you warrant to the Company and MSC Cruises that the named Passengers on your Booking Request are fit to travel by sea (and if applicable by air) and that their conduct or condition will not impair the safety or convenience of MSC Cruises’ vessel (or any third party Carrier booked through the Company) and the other passengers on that vessel or Carrier, and that they can be carried safely in accordance with applicable safety requirements established by international, Australian or national law.
8.2 Any passenger with a condition that may affect his or her fitness to travel taking into account the his/her itinerary must inform the Company or MSC Cruises (as applicable) at the time of Booking and submit a doctor’s certificate prior to making a Booking Request.
8.3 In any case, the Company, MSC Cruises and/or any applicable Carriers have the right to request – at their own discretion – the Passenger to produce medical certificates supporting fitness to travel.
8.4 Pregnant women are requested to seek medical advice before travelling, and at any stage of their pregnancy they must obtain a medical certificate from a doctor confirming their fitness to travel on board the vessel taking into account the specific itinerary.
8.5 MSC Cruises does not have on board any of the cruise vessels adequate medical facilities or equipment for childbirth. The Company cannot accept a Booking and MSC Cruises’ vessels cannot carry any Passenger who will be 24 weeks pregnant or more by the end of the Cruise.
8.6 The Company and the Carrier expressly reserve the right to refuse boarding rights to any Passenger who appears to be in any advanced state of pregnancy or who does not provide the medical certificate according to clause 6.4 above and shall have no liability in respect of such refusal. In the case of a Booking made for a Passenger who was not aware at the time of Booking and could not have reasonably known at the time of Booking that she was pregnant then; the Company will offer you the choice of:
(a) booking another Cruise for that Passenger from the Company’s brochure and/or from the Official Website of equivalent quality compliant with the above mentioned terms, if available; or
(b) cancelling and receiving a full refund of the full price paid by you for any cancellation of Booking less the non-refundable deposit as long as such cancellation is notified immediately by you as soon as you become aware of that Passenger’s pregnancy. The refund will not include insurance premiums paid which are in no case refundable. If the cancellation is communicated up to 120 days prior to departure, we will provide you with a full refund including the deposit.
8.7 The Passenger acknowledges and accepts that if it appears to the master or doctor on board the relevant MSC Cruises’ vessel that the Passenger is for any reason unfit to travel, likely to endanger safety, or likely to be refused permission to disembark at any port or likely to render MSC Cruises’ vessel liable for maintenance, support or repatriation, then:
(a) the Passenger may not be permitted by MSC Cruises’ staff to embark or disembark at any applicable port or transfer to another berth or cabin;
(b) the doctor on board the applicable MSC Cruises’ vessel has 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 vessel’s hospital or other similar facility, if such measure is considered necessary by the doctor and is supported by the master’s authority; and
(c) refusal by the Passenger to cooperate with regard to any treatment deemed necessary by the doctor on board the applicable MSC Cruises’ vessel pursuant to this clause 8.7 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 MSC Cruises shall be liable for any loss, expense or compensation to the Passenger.
8.8 Where a Passenger is assessed as unfit to travel and refused embarkation then neither the Company nor MSC Cruises has any liability to the Passenger.
Disabled Passengers & Passengers with Reduced Mobility
9. DISABLED PASSENGERS AND PASSENGERS WITH REDUCED MOBILITY
9.1 When submitting a Booking Request, you must provide full details if the Passenger:
(a) is unwell, infirm, Disabled or has Reduced Mobility;
(b) requires a special Disabled cabin, since there is a limited number of these available and since the Company would like to, wherever possible, accommodate the Passenger so that the Passenger is comfortable and safe for the duration of the Cruise;
(c) has any special seating requirements;
(d) needs to bring any medical equipment on board; or
(e) needs to bring a recognised assistance dog on board the vessel (please note that assistance dogs are subject to local regulations).
9.2 Where the MSC Cruises and/or MSC Cruises’ vessel considers it strictly necessary for the safety and comfort of the Passenger and in order for the Passenger to fully enjoy the Cruise, he/she may require a Disabled Passenger or Passenger with Reduced Mobility to be accompanied by another person who is capable of providing the assistance required by the Disabled Passenger or Passenger with Reduced Mobility. This requirement will be based entirely on the opinion of the authorised crew member on board the applicable MSC Cruises’ vessel assessing the need of the Passenger on grounds of safety and may vary from vessel to vessel and/or itinerary to itinerary.
9.3 Passengers confined to a wheelchair must furnish their own standard size collapsible wheelchair during the whole Holiday Package and may be requested to be accompanied by a travelling Passenger fit and able to assist them.
9.4 If the Passenger has any particular conditions, Disability or Reduced Mobility which require personal care or supervision then such personal care or supervision must be organized by the Passenger and at the Passenger’s expense. The MSC Cruises’ vessel is unable to provide respite services, one-to-one personal care or supervision or any other form of care for physical or psychiatric or other conditions.
9.5 The Passenger acknowledges and accepts that:
(a) after carefully assessing the Passenger’s specific needs and requirements, the Company and/or the applicable MSC Cruises’ vessel may conclude that the Passenger cannot be carried safely and in accordance with applicable safety requirements and the Company may refuse to accept a Booking and/or the applicable MSC Cruises’ vessel may refuse embarkation of the Disabled Passenger or Passenger with Reduced Mobility on the grounds of safety; and
(b) he or she may be refused the right to board the applicable MSC Cruises’ vessel if he or she has failed to adequately notify the Company of any disabilities or needs for assistance in order for the Company and/or the applicable MSC Cruises’ vessel to make an informed assessment that the Passenger can be carried in a safe or operationally feasible manner on the grounds of safety.
9.6 If the Passenger does not agree with a decision of the Company and/or the applicable MSC Cruises’ vessel under clauses 9.5 of these Booking Terms & Conditions, the Passenger must provide a complaint in writing with all supporting evidence to the Company.
9.7 The Company reserves the right to refuse to carry any Passenger who in the opinion of the Company and/or the applicable MSC Cruises’ vessel is unfit for travel or whose condition may constitute a danger to themselves or others on the Cruise on the grounds of safety.
9.8 For the safety and comfort of the Passenger, if the Passenger becomes aware between the date of Booking the Holiday Package and the date of commencement of the Holiday Package that he/she will require special care or assistance as detailed above, the Passenger must inform the Company immediately so that the Company and the applicable MSC Cruises’ vessel can make an informed assessment whether or not the Passenger can be carried in a safe or operationally feasible manner.
Disabled Passengers or Passengers with Reduced Mobility may not be able to go ashore at ports where vessels do not berth alongside. A list of these ports is available upon written request.
9.9 The Passenger acknowledges and accepts that:
(a) in some ports, it is necessary to anchor offshore rather than alongside. When this is the case, the applicable MSC Cruises’ vessel will use a tender to take Passengers ashore (A tender is a small vessel and may not be suitable for persons with Disabilities or Reduced Mobility or balance problems. When using tenders, safety is the utmost priority. It is important that Passengers are able to use the tender safely.);
(b) Passengers may be required to descend to a platform or pontoon and into the tender. (There may be steps both up and down and Passengers may need to navigate a gap between the platform and the tender (which can be approximately 1.5ft). Depending on weather, tide and sea conditions, there may be some movement, which could change throughout the course of the day.);
(c) Passengers must be fit and mobile enough to access and disembark the tender. If Passengers have impaired mobility, or use a mobility aid such as a stick, then they must carefully consider their ability to embark the tender safely before making their way down to the platform. Passengers must take into consideration the use of steps, the possibility of a gap and height difference between the platform and the tender, and the potential sudden movement of the tender when making a decision.
(d) wheelchairs and mobility scooters will not be carried by the crew into the tender;
(e) all Passengers must be independently mobile enough to use the tenders;
(f) carriage by tender may be refused by the master of the applicable MSC Cruises’ vessel or any of his officers if there is any doubt as to the safety of any Passenger; and
(g) all Passengers must take extra care when stepping on and off the tender (There will be crew members there to guide and steady Passengers as they embark and disembark but they cannot support, lift or carry Passengers. The same precautions apply when Passengers disembark the tender in the port.).
Public Health Questionnaire
10. PUBLIC HEALTH QUESTIONNAIRE
10.1 The Passenger acknowledges and accepts that:
(a) the Company and/or the applicable MSC Cruises’ vessel and/or the health authorities in any port on the Passenger’s Itinerary may administer a public health questionnaire at any time;
(b) the Passenger must supply accurate information regarding symptoms of any illness including but not limited to COVID-19, gastrointestinal illness and H1N1;
(c) the applicable MSC Cruises’ vessel may deny boarding to any Passenger that it considers in its sole discretion to have symptoms of any illness including viral or bacterial illness including but not limited to COVID-19, Norovirus and H1N1; and
(d) refusal by a Passenger to complete the questionnaire may result in the Passenger being told he/she cannot board the applicable MSC Cruises’ vessel by the master of the vessel or other authorised crew members.
10.2 Where Passengers become ill during the Cruise with viral or bacterial illness the ship’s doctor may request them to remain in their cabin for reasons of safety. Passengers must follow the instructions of the MSC Cruises’ vessel and refusal to do so may result in disembarkation without any liability for damages or a refund on MSC Cruises or the applicable MSC Cruises’ vessel.
11. FOOD ALLERGIES
11.1 If the Passenger has any known allergies, or is intolerant to any food, he/she is required to:
(a) inform the Company at the time of Booking (by duly filling in a specific form); and
(b) to further report it to the maître d’hôtel on the applicable MSC Cruises’ vessel as soon as possible after boarding the vessel.
11.2 The Passenger must ensure that he/she actively avoids any food he/ she is allergic to.
11.3 The Company will take all reasonable care if the Passenger or his/her Agent has made the Company aware in writing of any specific food or ingredient the Passenger has an allergic reaction to and assist the Passenger within reason to avoid any such food or ingredients. In absence of such information neither the Company, nor the applicable MSC Cruises’ vessel will be held responsible for preparing special meals for the Passenger or any other prepared meals consumed by the Passenger.
11.4 In case of multiple allergies/intolerances, even though the Passenger or his/her Agent has informed the Company or the applicable MSC Cruises’ vessel, the vessel might not be able to avoid the risk of cross-contamination during food preparation and therefore neither the Company, nor the applicable MSC Cruises’ vessel will be held responsible if such contamination occurs.
12. MEDICAL ASSISTANCE
12.1 Passengers are strongly recommended to have comprehensive travel health insurance covering medical treatment and repatriation costs and expenses.
12.2 In compliance with Flag State requirements applicable to MSC Cruises’ vessels, there is a qualified doctor on board and a medical centre equipped for first aid and minor conditions only. The Passenger acknowledges and accepts that:
(a) the medical centre is not equipped as a land based hospital and the doctor is not a specialist;
(b) neither the Company, nor the applicable MSC Cruises’ vessel, nor the doctor on board the vessel is liable to the Passenger as a result of any inability to treat any medical condition;
(c) whilst there is a qualified doctor on board the applicable MSC Cruises’ vessel, it is the Passenger’s obligation and responsibility to seek medical assistance, if necessary, during the Cruise and the Passenger will be responsible to pay for onboard medical services;
(d) in the event of illness or accident, the Passenger may have to disembark the applicable MSC Cruises’ vessel for medical treatment;
(e) neither the Company nor the applicable MSC Cruises’ vessel make any representation or accept any responsibility regarding the quality of the available medical facilities or treatments at any port of call or at the place at which the Passenger is landed;
(f) medical facilities and standards vary from port to port;
(g) neither the Company nor the applicable MSC Cruises’ vessel makes any representations or warranties in relation to the standard of medical treatment ashore; and
(h) the doctor’s professional opinion as to the fitness of the Passenger to board the applicable MSC Cruises’ 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 up to 12 months of age. For the avoidance of doubt the provisions of clause 8 and the requirement of fitness to travel is applicable to all Passengers including infants.
13. MEDICAL EQUIPMENT
13.1 The Passenger must:
(a) do all things to ensure any medical equipment he/she is intending to bring on board the applicable MSC Cruises’ vessel is safe to use and in good working order;
(b) arrange delivery to the docks prior to departure of all medical equipment he/she is intending to bring on board the applicable MSC Cruises’ vessel and to notify the Company prior to making a Booking if he/she needs to have medical equipment on board so that the Company and the applicable MSC Cruises’ vessel can ensure that the medical equipment can be carried safely; and
(c) ensure he/she has enough medical equipment and/or medication to last the duration of the entire Holiday Package.
13.2 The Passenger acknowledges and accepts that:
(a) the applicable MSC Cruises’ vessel may not carry any replacement medical equipment and/or medication;
(b) access to shore side care and equipment may be difficult and expensive to obtain; and
(c) the Passenger must be able to operate all such equipment that the Passenger brings on board the applicable MSC Cruises’ vessel.
Booking Changes Requested by Passenger
14. BOOKING CHANGES REQUESTED BY THE PASSENGER
14.1 The Passenger or his or her authorized representative or Agent is entitled to replace the name of the Passenger with the name of a third party, provided that:
(a) said third party satisfies all the conditions for the use of the Holiday Package; and
(b) written notice is duly sent to the Company no later than 90 days before departure of the Cruise.
14.2 If the conditions stated above in this clause are met, the name change will in any case be subject to a fee reflecting the costs for the Company of effectuating the transfer. The name change request done prior to 120 days before departure is free of charge. Name changes requested within 14 days of the departure will be considered a cancellation.
14.3 You and the third party contract assignee are jointly liable to pay:
(a) the price of the Holiday Package; and
(b) any additional cost that may arise as a consequence of the change in Passenger (including but not limited to cancellations fees and/or increased prices levied by Carriers or other third party providers in relation to any name change); and
upon the new Passenger’s name being registered by the Company or MSC Cruises as the new Passenger, you and/or that new Passenger (or his or her legal guardian) is deemed to have accepted these Booking Terms & Conditions.
14.4 Even after the booking confirmation has been issued, you are also entitled to exchange, once only, the purchased Holiday Package (“Original Holiday Package”) with another Holiday Package (“New Holiday Package”) on the following conditions:
(a) the date of departure of the New Holiday Package is later than that of the Original Holiday Package;
(b) the request for the substitution of the New Holiday Package in place of the Original Holiday Package is received by the Company not later than 90 working days before the date of the scheduled departure of the Original Holiday Package and there is availability of spaces on the New Holiday Package;
(c) the itinerary for the New Holiday Package refers to the same destination as the Original Holiday Package as defined in the relevant brochure of the Company (or Official Website); and
(d) the expected date of departure of the New Holiday Package falls within one year from the expected date of departure of the Original Holiday Package.
14.5 If the price of the New Holiday Package is higher than that of the Original Holiday Package, the difference in price as well as in insurance premium will be borne exclusively by the Passenger. On the other hand, if the price of the New Holiday Package is lower than that of the Original Holiday Package, no reimbursement will be due to the Passenger.
14.6 In case of substitution of the Original Holiday Package with the New Holiday Package, the Passenger will still be entitled to withdraw from the Contract and therefore cancellation fees will apply. Cancellation fees will be based on the price due (as per above provisions) and the scale provided under clause 15 (Cancellation by the Passenger) according to the Original Holiday Package departure date.
14.7 The Company and MSC Cruises will make reasonable endeavours to comply with the Passenger requests for changes to flight, transport or other services arrangements and adapt them to the New Holiday Package. In no case whatsoever will the Company or MSC Cruises be held liable for change requests that cannot be satisfied and the Carrier’s terms and conditions will apply in relation to such changes.
(Name or date changes are not always allowed by Carriers and other transport or services providers. Most Carriers and other transport or services providers treat such changes as a cancellation and charge accordingly.)
14.8 Save as provided above, other changes to the Booking may be requested (even after the booking confirmation has been issued) until 90 days prior to departure, subject to a minimum non-refundable administration fee of A$100/NZ$100 per person per amendment. Any additional costs that may arise as a consequence of the change will be exclusively for the Passenger’s account.
14.9 Requests of amendments to the Booking received by the Company beyond the above time limits will be treated as cancellations and the cancellation charges detailed in clause 15 below will apply.
14.10 In case the changes requested by the Passengers entail the printing of new Cruise tickets, further to the above-mentioned fees an amount of A$55/NZ$55 per cabin will be charged to cover the extra costs. This does not apply for changes pursuant to item 14.1 where the changes reflect the actual costs.
14.11 Any changes requested by the Passenger on a Combined Tour shall always apply to the whole Holiday Package. All the relevant time limits run from the scheduled date of departure of the first Cruise of the Combined Tour.
IF THE CONDITIONS STATED ABOVE IN THIS CLAUSE ARE MET, THE SUBSTITUTION OF THE ORIGINAL HOLIDAY PACKAGE WITH THE NEW HOLIDAY PACKAGE WILL IN ANY CASE BE SUBJECT TO THE FOLLOWING ADMINISTRATION FEE PER PASSENGER INCLUDING CHILDREN:
|Name changes/sailing date changes
||All cabin types
|Up to 90 days before departure
||AU/NZ $100 per person per booking
|Inside 90 days or once final payment received
||Any changes will be charged as per cancellation policy
Cancellation by Passenger
15. CANCELLATION BY THE PASSENGER
15.1 To cancel a Booking, you must submit a written request (via email) to the Company or via the Passenger’s Agent. Please refer to MSC Cruises Cancellation Policy below. All tickets issued and the Confirmation Invoice must be returned together with the notice of cancellation.
15.2 If a cabin remains for single use after you have cancelled the Passenger’s Booking, the remaining passenger occupying that cabin will be asked to pay a single surcharge charged by the Company for any single cabin Booking. Alternatively, should the remaining single passenger opt to cancel the Booking, the latter will pay the cancellation charges in accordance with clause 15.1 in addition to the insurance premium.
15.3 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.
15.4 The Passenger may request the cancellation of a Combined Tour, but such a cancellation shall always apply to the whole Holiday Package. All the relevant time limits run from the scheduled date of departure of the first Cruise of the Combined Tour.
15.5 If the cancellation is due to a Force Majeure occurring at the place of destination or its immediate vicinity and significantly affecting the performance of the package, or which significantly affect the carriage of passengers to the destination, the Passenger will not be liable to pay the fees mentioned in clause 15.1 and 15.3 above.
15.6 CANCELLATION POLICY FOR NEW CRUISE BOOKINGS (INCLUDING YACHT CLUB):
For all new bookings starting from 29 December 2020 this policy will apply. For bookings made prior to this date, please refer to the cancellation policy indicated in your booking confirmation documents.
CANCELLATION POLICY FOR NEW CRUISE BOOKINGS (INCLUDING YACHT CLUB):
For all new bookings starting from 29 December 2020 this policy will apply. For bookings made prior to this date, please refer to the cancellation policy indicated in your booking confirmation documents.
* or loss of deposit whichever is greater.
|Up to 120 days
prior to cruise departure
From 119 to 90 Days
prior to cruise departure
|Loss of deposit
From 89 to 50 Days
prior to cruise departure
|Loss of 25% of total amount*
From 49 to 15 days
prior to cruise departure
|Loss of 75% of total amount*
From 14 or 0 days
prior to cruise departure
|Loss of 100% of total amount*
CANCELLATION POLICY FOR 2022 WORLD CRUISE BOOKINGS:
* or loss of deposit whichever is greater.
|60 days or longer
||15% of holiday package* (non-refundable)
|59-10 days prior to departure
||75% of holiday package*
|9-0 days prior to departure
||100% of holiday package*
CANCELLATION POLICY FOR 2023 WORLD CRUISE BOOKINGS:
* or loss of deposit whichever is greater.
|60 days or longer
||15% of holiday package* (non-refundable)
|59-10 days prior to departure
||75% of holiday package*
|9-0 days prior to departure
||100% of holiday package*
Booking Flexibility (WOR CRUISE 23)
- Name change permitted
- Change Departure date permitted: it can be changed only with another itinerary of the same destination "WOR"
CANCELLATION PENALTIES FOR FLY CRUISE PACKAGE
A non refundable/non-transferable deposit of $1500pp is required within 5 working days of booking.
A second non-refundable/non-transferable deposit of $2500pp is required 150 days prior to departure.
||Cancellation fees dictated by the relevant Air/Land supplier(s) policy(ies)
Booking Changes effected by the Company
16. BOOKING CHANGES EFFECTED BY THE COMPANY
16.1 The Company expressly reserves the right to change the arrangements for the Cruise or the Holiday Package, should MSC Cruises indicate that such changes are necessary or advisable for operational or safety reasons. In such circumstances, neither the Company nor MSC Cruises is liable for any loss, claims, damage, or injury you may suffer as a result of such changes.
16.2 In the event of a significant alteration to an essential term of the Contract (for example, an alteration which significantly changes any of the main characteristics of MSC Cruises’ Services such as a major itinerary change), the Company will inform the Passenger of such change in writing as soon as reasonably possible. The Passenger will be offered the choice of:
a) accepting the alteration; or
b) booking another Holiday Package from the Company’s brochure and/or from the Official Website of equivalent or superior quality, if available; or
c) booking another Holiday Package from the Company’s brochure and/or from the Official Website of lower quality, if available, with a refund of the difference in price; or
d) cancelling and receiving a full refund of all monies paid.
16.3 Passengers must notify the Company of their decision in writing or via their Agent within 15 days of receiving the notification of alteration of the period indicated. A failure to revert within this period will result in the alteration being accepted and any cancellations after this period shall attract cancellation charges in accordance with clause 15.1.
Cancellation by the Company
17. CANCELLATION BY THE COMPANY
17.1 The Company reserves the right to cancel any Holiday Package at any time by giving written notice to the Passenger but the Passenger shall not be entitled to additional compensation, if:
(a) the cancellation is due to an event of Force Majeure, the consequences of which could not have been avoided by the Company even though it has exercised all due care; or
(b) the number of persons enrolled for the Holiday Package is smaller than the 50% of the passenger capacity of the relevant vessel.
17.2 In both cases (a) and (b) in clause 17.1, the Company will offer the Passenger the choice of:
(a) receiving a full refund of all money paid;
(b) booking another Holiday Package from the Company’s brochure and/or from the Official Website of equivalent quality cabin type (and within the same type and length of cruise), at no extra cost, if available; or
(c) booking another Holiday Package from the Company’s brochure and/or from the Official Website of lower quality, if available, with a refund of the difference in price.
17.3 The Passenger’s decision must be notified to the Company in writing within 15 days of the notice of cancellation.
The Companys Liability
18. APPLICABLE REFUND RECIPIENT
18.1 If a Passenger or his/her authorised representative has made a Booking directly with the Company, the Company will, on behalf of MSC Cruises, pay any applicable refund to the Passenger.
18.2 If a Passenger or his/her authorised representative has made a Booking through his/her Agent, the Company will, on behalf of MSC Cruises, pay any applicable refund to the Agent. The Passenger must refer to the Agent’s refund policy in the Agent’s terms and conditions and make any claim for a refund to the Agent. If the Agent has ceased to operate for any reason (including but not limited to due to insolvency), the Passenger must seek to obtain a refund from the Agent’s appointed liquidator or representative. Where the Company has already paid the refund to the Agent, neither the Company nor MSC Cruises will be liable to assist the Passenger with such steps that the Passenger will need to take to attempt to obtain a refund from the Agent (subject to the ACL and the Agent’s applicable terms and conditions, if any).
18.3 If an Agent fails to pass on to the Passenger the refund received by it from the Company, the Passenger has no claim against the Company and MSC Cruises or any liability in regard to the refund.
19. THE COMPANY’S LIABILITY
19.1 Subject to clause 19.6 to 19.9 the Company (on behalf of MSC Cruises) accepts responsibility for death, injury or illness directly caused by the negligent acts and or omissions of it and MSC Cruises in relation to the Passenger’s Holiday Package.
19.2 The Passenger acknowledges and accepts that:
(a) the liability of the Company and MSC Cruises is limited, where applicable, under the conventions mentioned in 19.3 to 19.14 inclusive);
(b) neither the Company nor MSC Cruises are responsible for any failure to perform its obligations under the Contract which is:
(i) wholly or partially attributable to the fault of the Passenger;
(ii) an unforeseeable or unavoidable act or omission of a third party unconnected with the supply of any service to be provided under the Contract;
(iii) an unusual or unforeseeable circumstance beyond the control of the Company and/or MSC Cruises the consequences of which could not have been avoided even if all due care had been exercised, including (but not limited to) a Force Majeure; or
(iv) an event which neither MSC Cruises nor the Company could, even with all due care, have foreseen or forestalled;
(c) neither the Company nor MSC Cruises is responsible for:
(i) any loss caused to you or the Passenger as a result of the Passenger finding he or she is unable to participate in certain activities included in the Holiday Package (due to an unexpected medical condition or otherwise);
(ii) any loss caused to you or the Passenger as a result of you or the Passenger failing to safe keep any tour vouchers provided to you or the Passenger by the Company or MSC Cruises and failing to produce such vouchers where required;
(iii) any loss caused due to any injury suffered by you or the Passenger, death and/or any damage to your property or the Passenger’s property and you acknowledge that there are certain risks associated with international travel (including but not limited to risks such as luggage being damaged while participating in your Holiday Package, specific risks associated with Shore Excursions, and the risk of contracting a disease or other medical condition while on the MSC Cruises’ vessel or on a Carrier) and accept such risks;
(iv) any incidental expenses that you or the Passenger may incur as part of booking a Holiday Package or otherwise; and
(v) any loss caused by any factors beyond our control.
19.3 For claims not involving personal injury, death or illness or which are not subject to the [international] conventions referred to in this clause 19, to the maximum extent permitted by law and subject to certain statutory guarantees you may have under the Consumer Laws (including the CGA), the Company’s maximum aggregate liability for breach of the Company’s obligations under these Booking Terms & Conditions or breach of the Company’s duties at law or in equity (however arising) is limited at the Company’s option to:
(a) the cost you have paid to the Company for the services provided by the Company which you have booked at the date of such breach by the Company and excludes any services related to the Holiday Package which are provided by MSC Cruises and, if applicable, Carriers; or
(b) the cost of resupplying the services referred to in (a) above.
Neither the Company nor MSC Cruises is liable for any special, indirect, consequential or economic loss or damage or loss of profits (in contract or tort or arising from any other cause of action) suffered by you or any other person resulting from any act or omission by the Company and/or MSC Cruises (including breach, termination or non-observance of the terms of any agreement which incorporates these Booking Terms & Conditions).
19.4 All carriage (by land, air and sea) is subject to the Conditions of Carriage of the actual Carrier. These may limit or exclude liability. Copies of these terms and conditions are available on request from the Company.
19.5 Carriage of Passengers and their luggage by air is governed by various International conventions (“the International Air Conventions”), including the Warsaw Convention 1929 (as amended by The Hague Protocol 1955 or the Montreal Protocol 1999 or otherwise) or the Montreal Convention 1999. To the extent that the Company or MSC Cruises may be liable as a non-performing air Carrier to Passengers in respect of carriage by air, the terms of the International Air Conventions (including any subsequent amendments and any new convention which may be applicable to a Contract for a Cruise between MSC Cruises and a Passenger) are expressly incorporated into these Booking Terms and Conditions and in the Conditions of Carriage. The International Air Conventions fix limitations of liability of the Carrier for death and personal injury, loss of and damage to luggage and delay. Any liability of the Company or MSC Cruises toward the Passenger arising from a carriage by air is subject to the limitation of liability provided by said Conventions. Copies of these conventions are available upon request.
19.6 Insofar as the Company and/or MSC Cruises may be liable to a Passenger in respect of claims arising out of carriage by air, land or sea, the Company and MSC Cruises shall respectively be entitled to all the rights, defenses, immunities and limitations available to the actual Carriers (including under the Carrier’s own conditions of carriage) and under all the applicable regulations and/or conventions, such as the Athens Convention and the Montreal Convention and nothing in these Booking Terms & Conditions nor in the Carrier’s conditions of carriage shall be deemed as a waiver thereof. If any term, condition, section or provision becomes invalid or is so judged, the remaining terms, conditions, sections and provisions shall be deemed severable and shall remain in force.
19.7 The liability (if any) of the Company and MSC Cruises for damages suffered as a result of death or personal injury to the Passenger, or loss or damage to luggage shall be determined in accordance with the following:
(a) the Carriage by Sea EU Regulation 392/2009 Concerning the Rights of Passengers when travelling by sea in the event of Accidents (EU Regulation 392/2009) will apply to international carriage by sea where the port of embarkation or disembarkation is in the EU or where the vessel has an EU flag or where the contract of carriage is made in the EU (a copy of EU Regulation 392/2009 are available on request and can be downloaded from the Internet at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/2724/annex-b-reg-ec-392-2009.pdf. A summary of EU Regulation 392/2009 can be found at http://ec.europa.eu/transport/themes/passengers/maritime/doc/rights-in-case-of-accident.pdf);
(b) where the vessel is being used as floating accommodation then the provisions of the Athens Convention 1974 and the limits therein will apply and are hereby expressly incorporated into these Booking Terms & Conditions including any claims for loss of or damage to luggage and or death and or personal injury;
(c) the level of damages the Company and MSC Cruises may be liable to pay in relation to death and/or personal injury and or loss of or damage to Luggage is limited and shall in no circumstances whatsoever exceed the limits of liability set out in EU Regulation 392/2009, or where applicable Athens Convention 1974;
(d) the liability of the Company and MSC Cruises for death, personal injury or illness to the Passenger will not exceed 46.666 Special Drawing Rights ("SDR") as provided and defined in the Athens Convention 1974 or, where applicable, the maximum sum of 400,000 SDR pursuant to EU Regulation 392/2009 or The Athens Convention 2002 and, where there is liability for war and terrorism under EU Regulation 392/2009 or The Athens Convention 2002, 250.000 SDR;
(e) the liability of the Company and MSC Cruises for loss of or damage to Passenger's luggage or other property will not exceed 833 SDR per Passenger under the Athens Convention 1974 or 2,250 SDR where EU Regulation 392/2009 or Athens Convention 2002 applies;
(f) any liability of the Company and MSC Cruises will be subject to the applicable deductibles per Passenger, such sum to be deducted from the loss or damage to luggage or other property; and
(g) the Passenger understands that the conversion rate of SDR's fluctuates daily and may be obtained from a bank or Internet. The value of an SDR can be calculated by visiting http://www.imf.org/external/np/fin/data/rms_five.aspx.
19.8 It is presumed under the Athens Convention 1974 and where applicable The Athens Convention 2002 or EU Regulation 392/2009 that the applicable MSC Cruises’ vessel has delivered Luggage to a Passenger unless written notice is given by the Passenger within the following periods:
(a) in the case of apparent damage before or at the time of disembarkation or redelivery; and
(b) in the case of damage which is not apparent or loss of Luggage within fifteen days from the disembarkation or delivery or of the date that such delivery should have taken place.
19.9 If the carriage provided hereunder is not “international carriage” as defined in Article 2 of EU Regulation 392/2009 or the vessel is being used as a floating hotel and or domestic carriage by sea in the UK, the provisions of the Athens Convention 1974 shall apply to this contract and be deemed to be incorporated herein mutatis mutandis.
19.10 Where the Company or MSC Cruises has any legal liability for loss of or damage to property otherwise than in accordance with the Athens and/or Montreal Conventions then its liability shall not at any time exceed EUR 500,00 and the Company and MSC Cruises shall not at any time be liable for money or valuables. Passengers must not pack money or other valuables in their luggage.
19.11 To the extent permitted by law, the Company’s and MSC Cruises’ liability will not at any time exceed that of any Carrier under its Conditions of Carriage and/or applicable or incorporated conventions. Any damages payable by the Company or MSC Cruises (for any reason) shall be reduced in proportion to any contributory negligence by the Passenger (or the Agent, where applicable).
Itinerary / Right to Change
20. ITINERARY / RIGHT TO CHANGE
20.1 MSC Cruises reserves the right at its sole discretion and/or that of the master of any vessel (which will not be exercised unreasonably) to decide whether to deviate from the advertised or ordinary itinerary, to delay or anticipate any sailing, to omit or change scheduled ports of call, to arrange for substantially equivalent carriage by another vessel, to tow or be towed or assist other vessels or to perform any similar act which, in its and/or master’s sole discretion will deem advisable or necessary for the safety, of the Passenger, of the vessel and crew. In such circumstances neither the Company nor MSC Cruises will be under any liability or obligation to the Passenger.
21. PASSENGER’S RESPONSIBILITY
21.1 The Passenger has a duty to follow the instructions and orders of the master and officers while on board. 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.
21.2 The Passenger hereby expressly agrees to allow any such search.
21.3 Passengers must have received all necessary medical inoculations prior to the Cruise and have in their possession all tickets, valid passports, visas, medical cards and any other documents necessary for the scheduled ports of call and disembarkation.
21.4 Each Passenger warrants that he/she is physically and mentally fit to undertake the Cruise.
21.5 The applicable MSC Cruises’ vessel and/or the master have the right of refusing the boarding or order the disembarkation of any Passenger should they deem it necessary, for the safety, security, of the Passenger, of the other Passengers or of the ship or should the Passenger’s conduct which, in the reasonable opinion of the master, is likely to endanger or impair the comfort and enjoyment of other Passengers on board.
21.6 No Passenger shall bring any animals whatsoever, except for recognized service dogs, subject to clause 9 above.
21.7 Neither the Company nor MSC Cruises will be under any liability whatsoever to any Passenger in respect of any breach or non-observance by any Passenger of the provisions of this clause and any Passenger shall indemnify the Company and/or MSC Cruises against any loss or damage occasioned to the applicable MSC Cruises’ vessel or the Company or any of MSC Cruises’ suppliers by such breach or non-observance.
21.8 Passengers’ behaviour must not affect and reduce the safety, peace and enjoyment of the Cruise by other Passengers.
21.9 The Passenger must not carry firearms, ammunition, explosives or flammable, toxic or dangerous substances, goods or articles on board any vessels which could be dangerous for the safety of Passengers and the vessels.
21.10 Passenger is liable for any damage suffered by the Company and/or MSC Cruises and/or any supplier of any service that forms part of the Holiday Package as a result of the Passenger’s failure to comply with his contractual obligations. In particular, the Passenger shall be liable for all damages caused to the vessel or its furnishings and equipment, for injury or loss to other Passengers and third parties, and also for all penalties, fines and expenses attributable by the Passenger that the Company, MSC Cruises or any of MSC Cruises’ suppliers may be liable to pay.
21.11 Passengers are not allowed to sell and/or purchase from other passengers or travel operators on board the ship any type of commercial services – including but not limited to Shore Excursions – which are not officially offered by MSC Cruises or its agreed independent contractors.
22.1 Where air carriage is included in the Contract, the Company will advise Passengers of flight timings from data supplied by the air Carrier as part of the holiday documentation. The flight schedule is for information only. The Passenger’s contract of carriage by air and the rights and obligations arising under it remain with the air Carrier. It is the Passenger’s responsibility to ensure arrival at the airport in sufficient time to check in and board the aircraft. Passengers must note that not all medical equipment can be carried or used on board aircrafts. Passengers must check with the airline prior to carriage.
22.2 If the Contract does not include flights, it is the Passenger’s responsibility to obtain a valid ticket directly from an air Carrier suitable for and in time for travel to the vessel (and including local transfers which the Passenger must arrange), as necessary.
22.3 The Company and MSC Cruises are not be responsible for any liabilities arising in respect of flights or transfers arranged by the Passenger.
22.4 The Company and MSC Cruises are unable to state the identity of the airline or the aircraft type applicable to the Passenger’s travel package. All flights will be operated on scheduled or chartered services of recognized air Carriers. In those circumstances the air ticket payment needs to be made by the Company in advance and is normally not refunded by the air Carrier (regardless of the cancellation provisions with regard to the Cruise).
22.5 The Passenger will receive confirmation of flight timings and routes with their travel documents, which will be sent out approximately [please insert] days before departure.
22.6 For travel on dates other than those published in the Company’s brochure and/or in the Official Website or on a particular Carrier or routing a higher fare may apply in which case the Passenger will be notified before Booking.
22.7 Where air carriage is included in the Contract, the Company will advise Passengers of flight timings from data supplied by the air Carrier as part of the holiday documentation. The flight schedule is for information only. The Passenger’s contract of carriage by air and the rights and obligations arising under it remain with the air Carrier. It is the Passenger’s responsibility to ensure arrival at the airport in sufficient time to check in and board the aircraft. Passengers must note that not all medical equipment can be carried or used on board aircrafts. Passengers must check with the airline prior to carriage.
23.1 Any Passenger with a complaint whilst on a Cruise must bring it to the attention of the Cruise staff on board the applicable MSC Cruises’ vessel as soon as possible. If the Cruise staff is unable to resolve the problem, any complaint must be notified in writing to the Company within 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 Holiday Package must be made promptly to the Company or the supplier.
23.2 Notices of claim for loss or damage to luggage or other property shall be given to the Carrier in writing before or at the time of disembarkation, or if not apparent, within fifteen (15) days from the date of disembarkation.
24. CONSUMER PROTECTION
24.1 Certain statutory guarantees, warranties and rights may apply to your purchase of the Services as provided by the ACL, CGA and other relevant laws.
24.2 Nothing in these Booking Terms & Conditions excludes, restricts or modifies any condition, warranty, statutory guarantee, right or remedy implied or imposed by common law, statute or regulation which cannot be lawfully excluded, restricted or modified.
24.3 If section 23 of the ACL applies to any provisions in these Booking Terms & Conditions, any such provision(s) shall be void to the extent it is unfair within the meaning of section 24 of the ACL. If any provisions in these Booking Terms & Conditions are declared by a court to be an unfair contract term under section 46I of the FTA, any such provision(s) shall be void.
24.4 To the fullest extent permitted by law, the liability of the Company for a breach of a non-excludable warranty, condition, guarantee, right or remedy referred to in clause 24.2 is limited, at the Company’s option, to:
(a) the supplying of the Holiday Package again; or
(b) the payment of the cost of having the Holiday Package supplied again.
25. DATA PROTECTION
25.2 The Company requires Personal Information including but without limitation to name, address, gender, citizenship and dietary requirements which may disclose a Passenger’s religious beliefs, any health, medical disability and any other special needs to process the Passenger’s booking effectively.
25.3 The Company may pass your and/or the Passenger’s Personal Information on to other relevant individuals such as Agents, hotels, airlines or other transport providers, security and/or credit verification companies, credit and debit card companies or any governmental or public authorities, either as required by law or regulation or, if required by other such bodies. The Company may also circulate a passenger list to all Passengers prior to the Cruise which will include the names and nationality of each passenger.
25.4 Save as is required for the performance of its obligations under the Contract, the Company will not, on behalf of MSC Cruises, disclose the Personal Information of any Passenger to any other person, other than the Company’s and/or MSC Cruises’ own servants, agents and contractors (including Carriers), without the Passenger’s written consent, unless the disclosure is required by applicable law.
25.5 The Passenger consents to such transfer of information, including to other countries which may not have such robust requirements regarding data protection as Australia or New Zealand, unless the Passenger objects in writing to the Company no later than seven days prior to the scheduled Holiday Package departure date. The Passenger must make sure that information which the Company holds about him/her is up to date and accurate.
25.6 Personal Information relating to individual Passengers shall be collected, processed, stored and used securely and in accordance with relevant data protection laws. Passengers consent to the collection, processing, storing and use of their personal data to enable the Company to perform the cruise. This may include providing Passenger details to Governments, immigration, port state control, police, flag state and other competent authorities and or as may be required by law. In the case of emergencies, the Passenger consents to the Company and MSC Cruises providing Personal Information to shore side doctors, next of kin, the Company and MSC Cruises’ insurers and advisors and the Passenger’s medical insurers. Personal Information shall only be kept for as long as is necessary or required by law.
25.7 The Company and MSC Cruises will comply with all applicable privacy and data protection laws and regulations of the Commonwealth of Australia and New Zealand including, without limitation, the Australian Privacy Act 1988 (Cth) and the New Zealand Privacy Act 2020.
26.1 No variation of these terms shall be effective unless in writing and signed by the Company.
27. SMOKING POLICY
27.1 In compliance with global standards, smoking is freely permitted in dedicated areas throughout the applicable MSC Cruises’ vessel which is equipped with a special air extraction system.
27.2 In principle, smoking is not permitted in any food service areas (buffets and restaurants, the medical centres, child-care areas, corridors or elevator foyers, areas where Guests are assembled in groups for safety exercises, disembarkation or tour departures, public toilets, or in bars close to areas where food is served).
27.3 The Passenger acknowledges and accepts that MSC Cruises prohibits Passengers from smoking in the cabins of MSC Cruises’ vessels because of the risk of fire. Smoking on cabin balconies is also not allowed. The Company reserves the right to levy a fee should passengers be found smoking in not designated area of the applicable MSC Cruises’ vessel. Repeatedly smoking in non- smoking areas can ultimately lead to disembarkation.
27.4 Smoking is permitted in dedicated areas of at least one bar on the applicable MSC Cruises’ vessel, and on one side (indicated by signage) of the principal outer pool deck areas, where ashtrays are provided.
27.5 Throwing cigarette butts over the side of the applicant MSC Cruises’ vessel is prohibited.
Liabilty of Employees, Servants & Subcontractors
28. LIABILITY OF EMPLOYEES, SERVANTS AND SUBCONTRACTORS
28.1 It is hereby expressly agreed that no servant or agent of the Company and/or MSC Cruises, including the Master and crew of the applicable MSC Cruises’ vessel concerned including independent subcontractors and their employees as well as the underwriters of these parties shall in any circumstance whatsoever be under any liability whatsoever beyond these Booking Terms & Conditions and these parties may invoke these Booking Terms & Conditions to the same extent as the Company and/or MSC Cruises.
28.2 Shore Excursions are operated by independent contractors even if sold by Agents or on board the applicable MSC Cruises’ vessel. The Company shall not be responsible in any way for the services provided by such independent contractors. MSC Cruises operates as mere agent for the Shore Excursion provider. Neither the Company nor MSC Cruises has any direct control over the Shore Excursion providers and their services hence in no case whatsoever will the Company or MSC Cruises be held liable for loss, damages and injuries suffered by the Passenger as a result of the negligence or otherwise of the Shore Excursion providers. MSC Cruises will exercise reasonable skill and care in the selection of a reputable Shore Excursion provider. In assessing performance and/or liability of Shore Excursion providers, local laws and regulations will apply. Shore Excursions shall be subject to the Shore Excursion provider’s terms and conditions including the benefit of any limitation of liability and the level of damages. MSC Cruises’ liability shall never exceed that of the Shore Excursion provider.
Law & Jurisdiction
29. LAW AND JURISDICTION
29.1 These Booking Terms & Conditions shall be governed by the laws of the State of New South Wales, Australia and the parties irrevocably submit to the non-exclusive jurisdiction of the Courts of the State of New South Wales, Australia.
Errors, omissions & changes
30. ERRORS, OMISSIONS AND CHANGES
30.1 Every effort has been made to ensure accuracy of the Company’s brochure and/or of the Official Website content but certain changes and revisions may take place after the printing of the Company’s brochure and/or the publishing of the Official Website. In addition, from time to time, we may publish specific terms and conditions related to a specific promotion, and certain terms including but not limited to the applicable deposit amount may be different from the terms in these Booking Terms & Conditions.
30.2 Since the Booking Terms & Conditions applicable to the single Cruise or Holiday Package are those in force at the time of completing the Booking, irrespective of those published in the relevant Company’s brochure, it is recommended to check with the Company or by visiting the Official website for the most up to date Booking Terms & Conditions.