TERMS AND CONDITIONS
These are the Terms and Conditions, which apply to your holiday package. Please read them carefully.
MSC Cruises and Formula 1®
TERMS AND CONDITIONS
These are the Terms and Conditions, which apply exclusively to the MSC Cruises and Formula 1® reservations. Please read them carefully as you be bound by them.
GENERAL MSC CRUISES TERMS AND CONDITIONS
14. Booking changes requested by the passenger
Any change request related to the World Cruise shall be permitted exclusively for another World Cruise and, in such case, will trigger the loss of the non-refundable deposit equal to 15% of the price of the Package paid by the passenger.
15. Cancellation by the passenger
|Loss of deposit|
|Loss of 25% of total amount*|
|Loss of 40% of total amount*|
|Loss of 60% of total amount*|
|Loss of 80% of total amount*|
From 14 to 0 Days
Prior to cruise departure
|Loss of 100% of total amount|
|Loss of deposit (15% non-refundable)|
|Loss of 75% deposit of total amount|
|Loss of 100% of the total amount|
21. Itinerary/right to change
24.1 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.
24.2 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.
24.3 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
25. Consumer protection
25.1 Certain statutory guarantees, warranties and rights may apply to your purchase of the Services as provided by the ACL, CGA and other relevant laws.
25.2 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.
25.3 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.
25.4 To the fullest extent permitted by law, the liability of the Company for a breach of a nonexcludable 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.
26. Data protection
26.2 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.
26.3 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. 26.4 Save as is required for the exercise of its rights and 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.
26.5 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.
26.6 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 Services. 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.
26.7 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.
27.1 No variation of these terms or the Contract shall be effective unless in writing and signed by the Company.
27.2 The Passenger must not assign, transfer or otherwise delegate any of its rights or obligations under the Contract without the Company’s prior written consent.
27.3 If these Booking Terms & Conditions are inconsistent with any other document or agreement between the parties, this document prevails to the extent of the inconsistency.
28. Smoking policy
28.1 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.
28.2 Smoking is not permitted in any food service areas, including 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.
28.3 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 mandatory disembarkation, at the Company or the MSC Cruises’ vessel authorised crew members’ discretion.
28.4 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.
28.5 Throwing cigarette butts over the side of the applicant MSC Cruises’ vessel is prohibited.
29. Liability of employees, servants and subcontractors
29.1 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 includingindependent 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.
29.2 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. 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.
29.3 Notwithstanding clause 29.2, you acknowledge and agree that neither the Company nor MSC Cruises has any direct control over the Shore Excursion providers and their services hence, to the extent permitted by law, 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.
terms and conditions for shore excursions and special services
Online Booking Terms & Conditions for Shore Excursions
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 provided by third independent contractors. MSC will exercise reasonable skill and care in the selection of a reputable Shore Excursion providers. Shore Excursions purchased or booked through this web site, via Sales Agents or onboard any MSC vessel are organized and operated by independent contractors.
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 shown on 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 providers.
MSC has no control over the way the providers of the shore excursions provide their services. Providers of shore excursions available for purchase on this website, via Sales Agents 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 or of the providers of such excursions.
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 booking. 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.
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 language minimum number of passengers booked for an excursion is not met, the tour may be led by a bilingual guide.
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 provider 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.
By taking part to an excursion guests are accepting and committing to follow the instructions and regulations received by the guide.
If you buy the prepaid shore excursion the full payment must be made at the time of booking by credit card. The shore excursions can be booked, modified or cancelled either up to 2 days before cruise departure either on board*. If you cancel the shore excursion booked before cruise commences, no cancellation fees will be applied, provided that such cancellation is done before the departure date and MSC Cruises is notified in writing of your intention to cancel the reservation of the Shore Excursion.
Before booking your Shore Excursion, please confirm and check the relevant box indicating that you have read and understood these terms and conditions. The booking shall be deemed to be successfully complete only upon full payment.
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.
Once we have received and confirmed your reservation, you the ‘Lead Passenger’ will become contractually liable for the goods and services booked.
The Operator may cancel any excursion, should it not reach the minimum number of participants; in this case the reserving passenger will receive a full refund of all money paid for the concerned excursion.
These Terms and Conditions are subject to the Law and Jurisdiction applicable to your cruise Booking Conditions with MSC.
*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 if the cancellation 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.
Online Booking Terms & Conditions for Special Services
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.