Terms and Conditions

Terms and Conditions


USEFUL INFORMATION

Booking procedure and deposit

1.1 In order to proceed with a Booking, the Passenger must contact the Company or the Company’s authorised agent or representative.
1.2 By Booking for a Cruise or Package, the person making the booking confirms, agrees and accepts that all persons named in the Booking request and on the invoice have agreed to be bound by the Booking Conditions and that he/she has authority to accept these Booking Conditions on behalf of all the persons named on the Booking request and invoice.
1.3 At the time of booking a non-refundable deposit of £100 per person for cruise only holiday and £250 per person for air inclusive cruise holidays (including for infants up to 2 years) is due and payable by the Passenger at the time of booking.
1.4 A Booking will be completed and the Contract will be effective only when the Company accepts the booking by sending a confirmation invoice to the Passenger or to the Passenger’s Sales Agent.

 

Contract

Every Holiday Package is subject to availability at the time of Booking. No Contract shall be made until the deposit or the full amount (according to the present Booking Terms & Conditions) is paid and the confirmation invoice provided to the Passenger.

Full payment is required no later than 63 days prior to departure (90 days for MSC World Cruise 2019, 93 days for cruises of 15 nights or more, 120 days for MSC World Cruise 2020)

If the Booking application is made within 63 days prior to departure (90 days for MSC World Cruise 2019, 93 days for cruises of 15 nights or more, 120 days for MSC World Cruise 2020), then full payment must be sent at the time of Booking.

If any Passenger fails to pay the balance 63 days prior to departure (90 days for MSC World Cruise 2019, 93 days for cruises of 15 nights or more, 120 days for MSC World Cruise 2020), the Company has the right to cancel the Booking without notice and levy cancellation charges in accordance with paragraph 13 below, whether the Holiday Package is resold or not.

Prices and price guarantee

No change to the Contract price will be made within the 20-day period before departure or once full payment has been received by the Company.
 
The Company reserves the right to modify the Contract price at all times prior to those detailed in clause 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
 
Variations may be upwards or downwards. For paragraph a) any variation of the Package price will be equal to the extra amount charged by the airline. For paragraph b) any variation of the 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 Package price will be equal to the full amount of the fees.
 
If the increase would be 2% or less of the holiday price shown on the Passenger’s Confirmation Invoice (excluding insurance premiums and any amendment charges), the Company will absorb the changes in its costs and will only pass on to the Passenger any increase above that level.  If any change in the Company’s costs would cause a reduction in the Passengers holiday price, the Company will not make refunds of amounts less than 2% of Passenger’s holiday price but it will refund in full amounts exceeding such 2% after deducting an administration charge of £25.00. 
 
If the increase amounts to more than 10% on the total Contract price, the Passenger will be entitled to cancel the Contract with a full refund of the Contract price. Such refund does not include insurance premiums paid which are in no case refundable.
To exercise the right to cancel the Passenger must notify the company in writing within 7 days of receiving the price increase notification.

 

Cabin Numbers and Other Preferences

Specific cabin numbers, decks, dining arrangements or bed types can be requested  at the time of booking. However, these arrangements cannot always be guaranteed.  When a complimentary upgrade is offered, our guests will benefit from the higher  category cabin, and continue to receive the experience benefits booked (precruise or on-board). 

Insurance

The Company recommends that every Passenger should have adequate insurance policy which covers them sufficiently for Holiday Package cancelation, medical assistance and expenses, loss and/or damage of the luggage, from the time the Contract has been confirmed as Booked to the end of the Holiday Package.

Passport and Visas

Passengers must hold fully valid passports for the whole duration of the cruise 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 USA. The Company is not responsible for obtaining visas for any Passenger, this is the responsibility of the individual Passenger. 


•United States:

International travellers who are seeking to travel to the United States are now subject to enhanced security requirements. All eligible travellers who wish to travel to the U.S.A. by air or sea under the Visa Waiver Program (VWP) must obtain an electronic travel authorization prior to boarding a carrier. To check which countries participate in the VWP and for any further information, please visit the website https://esta.cbp.dhs.gov/

 
•Egypt, Morocco and Gibraltar:

For minors travelling to these countries, please consider that the “Birth Certificate with travel abroad authentication” and the “Identity Certificate for children” are no longer considered valid. Children under 15 years of age must therefore:

 

- possess their own passport, or

- possess another valid identity document for travelling abroad.

 

The information provided is up-to-date at the time of publication; for the latest information and all other questions regarding travel documents and visas, please consult your travel agent and/or the relevant authorities (embassies, consulates or other local authorities).

 
•Embarkation United Arab Emirates (Dubai/Abu Dhabi)
•The following notes refer to cruises to, from or within the UAE, and transiting Oman. All passports must be valid for at least three months on arrival for stays of up to three months. (Please refer to your home country procedures for further information). For UAE only: Passengers holding passports of the following countries do not need a visa prior to their arrival in to the UAE:
•Europe: France, Italy, Germany, Holland, Belgium, Luxembourg, Switzerland, Austria,Sweden, Norway, Denmark, Portugal, Ireland, Greece, Finland, Spain, Monaco,Vatican City, Iceland, Andorra, San Marino, Liechtenstein, United Kingdom, Slovenia, Czech Republic, Hungary, Estonia, Cyprus, Romania, Poland, Slovakia, Lithuania, Latvia, Malta, Croatia, Bulgaria.
•North America: USA & Canada.
•Pacific Rim: Australia, New Zealand, Japan, Brunei, Hong Kong, Singapore, Malaysia, South Korea. Kindly note that passengers holding passports of nationalities other than those mentioned above will need a pre-issued visa for the UAE. Considering that there are different itineraries, please note the following:
•VISA PROCEDURES – MSC Cruises Passengers, embarking/disembarking in any airport or seaport in UAE:
•One Multiple-entry Visa (MV) is required.
•Multiple-entry Visa (MV)
•All passengers arriving by flight into Dubai/Abu Dhabi or any other airport in the UAE to embark or participate in a pre-cruise hotel programme prior to joining the ship should produce a valid visa while checking-in at their home countries. Airlines will deny boarding to passengers who are not in possession of a valid UAE visa. The validity of the visa is 60 days from the date of issue so passengers should bear this in mind when requesting visas. The MV is valid for 30 days from the date of first entry to the UAE. This unlimited MV can be used any number of times to enter and exit the UAE through any airport or Europe: France, Italy, Germany, Holland, Belgium, Luxembourg, Switzerland, Austria,Sweden, Norway, Denmark, Portugal, Ireland, Greece, Finland, Spain, Monaco,Vatican City, Iceland, Andorra, San Marino, Liechtenstein, United Kingdom, Slovenia, Czech Republic, Hungary, Estonia, Cyprus, Romania, Poland, Slovakia, Lithuania, Latvia, Malta, Croatia, Bulgaria.
•North America: USA & Canada.
•Pacific Rim: Australia, New Zealand, Japan, Brunei, Hong Kong, Singapore, Malaysia, South Korea. Kindly note that passengers holding passports of nationalities other than those mentioned above will need a pre-issued visa for the UAE. Considering that there are different itineraries, please note the following:

 

VISA PROCEDURES – MSC Cruises Passengers, embarking/disembarking in any airport or seaport in UAE:

One Multiple-entry Visa (MV) is required.

Multiple-entry Visa (MV)

All passengers arriving by flight into Dubai/Abu Dhabi or any other airport in the UAE to embark or participate in a pre-cruise hotel programme prior to joining the ship should produce a valid visa while checking-in at their home countries. Airlines will deny boarding to passengers who are not in possession of a valid UAE visa. The validity of the visa is 60 days from the date of issue so passengers should bear this in mind when requesting visas. The MV is valid for 30 days from the date of first entry to the UAE. This unlimited MV can be used any number of times to enter and exit the UAE through any airport or seaport. Please note that this MV will be issued only for MSC Cruises passengers and the MSC Cruises booking confirmation with itinerary should be attached to the visa request. Agents may refuse visa applications in cases where the above requirements are not satisfied. Processing can take up to 7 working days and sometimes longer, depending on nationality. Sharaf Tours LLC, as ground handling agent for MSC Cruises, should not be held responsible for any delays by the UAE Immigration Department. The costs of the MV is 200.00 AED (about 55.00 USD) per visa and the Agency Fee is 75.00 AED (about 21.00 USD) per visa. The total Visa Cost is 275.00 AED (about 76.00 USD) for each visa. The standard time required to obtain the MV is up to 21 days prior to arrival in the UAE. Surcharges may apply in the case of requests received less than 21 days prior to arrival (information and costs as of 6 October 2014).

 


MSC Cruises is mindful of the global risk of indiscriminate terrorist attacks. Passengers should be aware of up to date travel information and up to date travel advice for their chosen destination; please review the Foreign Office web site for detailed information www.gov.uk/foreign-travel.advice.


Blacklisted Countries: Passengers from the following countries are not allowed to obtain the MV. Any passenger holding an Israeli passport will not be issued a visa to enter the UAE. Any passenger holding a passport from Somalia, Iraq,Yemen or Palestine nationals will be subject to special approval and security clearance. No discrimination will be made against passengers of any nationality with an Israeli visa or stamp evident on their passport relating to previous visits.

 


No refund is granted if an application for a visa is made but then rejected by the authorities. Please note that all cruise passengers requiring a pre-issued visa, either as part of an MSC Cruises package or independently arranged, should send their visa requests to visa@sharaftours.com with a copy to sajeewa@sharaftours.com. Contact details for all visa-related matters are as follows: Name: Mr Sajeewa Kalamba telephone No: +971 4 3976161 – Ext 321+971 4 4060321 After Office Hours: +971 55 8068324

 

 

DOCUMENTS REQUIRED FOR A VISA APPLICATION

 

1. VISA APPLICATION FORM duly completed (one for each per passenger) with all requested information

2. ONE COLOUR PASSPORT-SIZE PHOTO (4.3 cm x 5.5 cm)

3. COLOUR COPY OF PASSPORT (Including Amendment page, if passport includes the names of children)

4. VALIDITY EXTENSION PAGE OF THE PASSPORT (if passport validity has

been extended)

5. LAST PAGE OF THE PASSPORT (for Indian nationals only)

Please note that your passport and photos must be sent in the form of a JPEG file.

Fee payment should be made by Credit Card or bank transfer (details and a form

will be provided by the Agent upon receipt of a visa request) directly to the appointed

Agent and before visa processing. In the event of the passenger cancelling the cruise,

for any reason, the cost of any visas already applied for will not be reimbursed.

 


Once visas are granted, the Agent will send them directly to the requester by e-mail.Passengers must print a copy of the visa, which may be considered valid both for flight check-in and for UAE Immigration at the port and airport.

 

Information concerning visa to Oman:

 

On arrival in Oman, all cruise passengers will be issued with a 24-hour visa. Any passenger wishing to stay longer than 24 hours in Oman should follow the relevant visa application procedures. Kindly note that Israeli and Bangladeshi passport holders are not allowed to enter the country during the Omani call. No discrimination will be made against passengers of any nationality with an Israeli visa or stamp evident on their passport relating to previous visits. For your guidance, please consult the official Oman Government website http://www.rop.gov.om/english/. All information provided may be subject to changes and is up-to-date at 1 October 2014. For the most current information please contact the relevant embassies or consulates. If you are travelling from/to South Africa with children under 18 years of age, please note that new regulations have recently been introduced. For details, please refer to the following websites:

 


 South Africa Home Affairs: http://www.home-affairs.gov.za:8087/index.php/

statements-speeches/475-home-affairs-encourages-parents-to-get-unabridgedbirth-

certificates-for-children

- Tourism update: http://www.tourismupdate.co.za/NewsDetails.aspx?newsld+736822

For each child, parents must carry an unabridged birth certificate (English/bilingual) issued by an authorised office or agency.

Please contact your nearest South African Embassy or Consulate to have your certificate(s) validated for travel. Please note that these regulations apply to travellers from all nationalities, including South African passport holders. Please note that starting from 20 September 2012 and until further notice, the Tunisian authorities will deny access ashore to the Syrian citizens resident in Syria, unless they obtained IN ADVANCE a Tunisian visa on their passports. Syrian citizens permanently resident in other countries as well as Lebanese citizens (regardless of their residence), shall have a daily visa upon arrival, subject to approval of the Tunisian authorities. All the passengers eventually rejected upon debarkation in La Goulette/Tunis (or any other Tunisian port) can easily remain onboard throughout the call. In some ports,authorisation to visit in transit may not be granted to passengers not in possession of a visa prior to departure. Please consult the relevant authorities regarding this requirement. For further information about visas please refer to msccruises.co.uk

 


Mozambique:

Passenger must hold fully valid passport, whose expiry date is at least 6 months after the return date, and a specific visa, which can be easily obtained also onboard our vessel at a cost of approx. USD 30,00, subject to rate of exchange and local fees.

 
•Cuba

Documents required:

- Passport with 6 months of remaining validity;

- Tourist Visa;

- Medical Insurance. 

 

Please click here for more information about VISA and Travel Insurance required for Cuba itineraries.



•Jamaica

Passengers are kindly informed that a passport with 6 months of remaining validity is required. 

 

Passengers embarking from Jamaica must have the Cuban Tourist Visa whose validity is of 30 days starting from the day of entrance in Cuban territory for one Entry and one Exit only. Alternatively, the Cuban Tourist Visa can be purchased on board the vessel at the same price and conditions as above at the cost of € 15,00 per Passenger adults children or infants). 

 

All passengers must have Medical Insurance valid in all ports of itinerary covering costs and expenses of repatriation to the country of origin in case of injury and/or death and any other type of risk.

Should Passengers undertake a Medical Insurance offered by a State Social Security System or a private company, an appropriate written certification must be disclosed in support of such insurance coverage in Spanish (preferable option) or, alternatively, in English language. 

 

For the transit in the ports of Jamaica/ Cayman Islands /Mexico, no local Visa is required for any nationality provided that the duration of the transit is max 24 hours with arrival/departure on the same vessel.

Fitness To Travel

The safety of all Passengers is of paramount importance to the Company, hence all Passengers warrant that they 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 the vessel or aircraft and the other passengers, and that they can be carried safely in accordance with applicable safety requirements established by International EU or national law.
 
The Company has the right to require the Passenger to produce medical certificates supporting the fitness to travel. 
 
Any Passenger with a condition that may affect fitness to travel taking into account the vessel’s itinerary must submit a doctor’s certificate prior to booking.
 
If it appears to the Carrier, the Master or the ship’s Doctor that a Passenger is for any reason unfit to travel, likely to endanger safety, or likely to be refused permission to land at any port or likely to render the Carrier liable for maintenance, support or repatriation, then the Master shall have the right to refuse to embark the Passenger at any port or disembark the Passenger at any port or transfer the Passenger to another berth or cabin. The Doctor on-board shall have the right to administer first aid and any drug, therapy or other medical treatment and/or to admit and/or confine the Passenger to the ship’s hospital or other similar facility, if such measure is considered necessary by the Doctor and is supported by the Master’s authority. Refusal by the Passenger to cooperate with regard to such treatment may result in the Passenger being disembarked at any port, if necessary through the intervention of local police officers or other competent authorities, and neither the Company nor the Carrier shall be liable for any loss, expense or compensation to the Passenger.
 
Where a Passenger is assessed as unfit to travel and refused embarkation then neither the Company nor the Carrier has any liability to the Passenger.


Pregnancy
 
Pregnant women are requested to seek medical advice before travelling; 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. The Company and/or the Carrier does not have on board any of the cruise vessels adequate medical facilities for childbirth. The Company cannot accept a booking or carry any Passenger who will be 24 weeks pregnant or more by the end of the Cruise. 
 
The Company expressly reserves the right to refuse boarding rights to any Passenger who appears to be in any advanced state of pregnancy and shall have no liability in respect of such refusal.
 
In the case of a booking made by 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 over the terms provided by the above clause then, the Company will offer the Passenger the choice of booking another Cruise from the brochure and/or from the Official Website of equivalent quality compliant with the above mentioned terms, if available; or cancelling and receiving a full refund of the full price paid by that Passenger for any cancellation of booking as long as such cancellation is notified immediately as soon as such a Passenger becomes aware of her condition.

Disabled Persons and Persons With Reduced Mobility

The Company’s priority is always the comfort and safety of its Passengers and in order to achieve this the Passenger is asked at the time of booking to provide as much detail as possible of the matters given below so that the Company can consider its obligation to carry the Passenger in a safe or operationally feasible manner, taking into account any issues relating to the design of the passenger ship or port infrastructure and equipment including port terminals which may make it impossible to carry out the embarkation, disembarkation or carriage of the Passenger which may have an impact on the Passengers safety and comfort.
 
The Passenger is asked to provide full details at the time of booking if the Passenger is unwell, infirm, Disabled or has Reduced Mobility. The Passenger is asked to provide full details at the time of booking:
  • If the Passenger 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.
  • If the Passenger has any special seating requirements.
  • If the Passenger needs to bring any medical equipment on board.
  • If the Passenger needs to bring a recognised assistance dog on board the vessel. Please note that assistance dogs are subject to national regulations.
Where the Company considers strictly necessary for the safety and comfort of the Passenger and in order for the Passenger to fully enjoy the cruise, it may require a Disabled Person or Persons with Reduced Mobility to be accompanied by another person who is capable of providing the assistance required by the Disabled Person or Person with Reduced Mobility. This requirement will be based entirely on the Company assessing the need of the Passenger on grounds of safety and may vary from vessel to vessel and/or itinerary to itinerary. Passengers confined to a wheelchair are asked to kindly furnish their own standard size collapsible wheelchair and must also be accompanied by a travelling Passenger fit and able to assist them.
 
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 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.
 
If after careful assessing the Passenger’s specific needs and requirements, the Company concludes that the Passenger cannot be carried safely and in accordance with applicable safety requirements then the Company can refuse to accept a booking or embarkation of a Disabled Person or Person with Reduced Mobility on the grounds of safety.
 
The Company reserves the right to refuse to carry any Passenger who has failed to adequately notify the Company of any Disabilities or needs for assistance in order for the Company to make an informed assessment that the Passenger can be carried in a safe or operationally feasible manner on the grounds of safety. If the Passenger does not agree with a decision of the Company under clauses specified in these Terms and Conditions then the Passenger must provide a complaint in writing with all supporting evidence to the Company and the matter will be considered by a Senior Manager.
 
The Company reserves the right to refuse to carry any Passenger who in the opinion of the Company and/or the Carrier is unfit for travel or whose condition may constitute a danger to themselves or others on the Cruise on the grounds of safety.
For the safety and comfort of the Passenger, if the Passenger becomes aware between the date of booking the Package and the date of commencement of the Package that he/she will require special care or assistance as detailed above the Passenger is asked to inform the Company immediately so that the Company can make an informed assessment whether or not the Passenger can be carried in a safe or operationally feasible manner.
 
Infirm Passengers or Passengers with wheelchairs or 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. 
 
Any Passenger with a condition that may affect fitness to travel taking into account the vessel’s itinerary must submit a doctor’s certificate prior to booking.
 
If it appears to the Carrier, the Master or the ship’s Doctor that a Passenger is for any reason unfit to travel, likely to endanger safety, or likely to be refused permission to land at any port or likely to render the Carrier liable for maintenance, support or repatriation, then the Master shall have the right to refuse to embark the Passenger at any port or disembark the Passenger at any port or transfer the Passenger to another berth or cabin. The Doctor on-board shall have the right to administer first aid and any drug, therapy or other medical treatment and/or to admit and/or confine the Passenger to the ship’s hospital or other similar facility, if such measure is considered necessary by the Doctor and is supported by the Master’s authority. Refusal by the Passenger to cooperate with regard to such treatment may result in the Passenger being disembarked at any port, if necessary through the intervention of local police officers or other competent authorities, and neither the Company nor the Carrier shall be liable for any loss, expense or compensation to the Passenger.
 
Where a Passenger is assessed as unfit to travel and refused embarkation then neither the Company nor the Carrier has any liability to the Passenger.

Public Health Questionnaire

The Company and/or the Carrier and/or the health authorities in any port shall be entitled to administer a public health questionnaire on their own behalf. The Passenger shall supply accurate information regarding symptoms of any illness including but not limited to gastrointestinal illness and H1N1. The Carrier 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 Norovirus and H1N1. Refusal by a Passenger to complete the questionnaire may result in denied boarding.
 
Where Passengers become ill on board 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 Carrier and refusal to do so may result in disembarkation without any liability for damages or a refund on the Company or the Carrier.

Medical Assistance

Passengers are strongly recommended to have comprehensive travel health insurance covering medical treatment and repatriation costs and expenses. 
 
In compliance with Flag State requirements, there is a qualified Doctor on-board and a medical centre equipped for first aid and minor conditions only. The Passenger hereby acknowledges and accepts at the time of Booking that the medical centre is not equipped as a land based hospital and the Doctor is not a specialist. Neither the Company, nor the Carrier, nor the Doctor shall be liable to the Passenger as a result of any inability to treat any medical condition as a result.
The Passenger acknowledges that whilst there is a qualified Doctor on-board the vessel, it is the Passenger’s obligation and responsibility to seek medical assistance if necessary during the cruise and will be responsible to pay for on-board medical services.
 
In the event of illness or accident, Passengers may have to be landed ashore by the Company, the Carrier and/or the Master for medical treatment. Neither the Carrier nor the Company make any representation or accept any responsibility regarding the quality of the available medical facilities or treatments at any port of call or at the place at which the Passenger is landed. Medical facilities and standards vary from port to port. Neither the Company nor the Carrier makes any representations or warranties in relation to the standard of medical treatment ashore.
 
The Doctor’s professional opinion as to the fitness of the Passenger to board the vessel or to continue the cruise is final and binding on the Passenger.
 
 

It is recommended that medical advice is sought before booking for children up to 12 months of age. For the avoidance of doubt the provisions and the requirement of fitness to travel are applicable to all passengers including infants.

Medical Equipment

It is important that Passengers contact the manufacturer or supplier to ensure that any medical equipment they are intending to bring on board is safe to use. It is the responsibility of the Passengers to arrange delivery to the docks prior to departure of all medical equipment and to notify the Company prior to booking if they need to have medical equipment on board so that the Company can ensure that the medical equipment can be carried safely.
 
It is the Passengers responsibility to ensure that all medical equipment is in good working order and for arranging enough equipment and supplies to last the entire voyage. The ship does not carry any replacement and access to shore side care and equipment may be difficult and expensive. Passengers must be able to operate all equipment.
 
If there are any particular medical conditions which require supervision then such supervision must be organised by the Passenger and at the Passenger’s expense.  The vessel does not provide one-to-one or other cares for physical or psychiatric or other conditions. The vessels do not offer respite services. 

Booking Changes Requested By The Passenger

The Passenger is entitled to request a transfer of his booking to a third party provided that:
(i) the third party satisfies all the conditions for the use of the service; and
(ii) a written request is sent to the Company no later than 14 working days before departure of the Cruise.
The Passenger and the third party contract assignee shall be jointly liable to the Company to pay the price of the Cruise/Package and any additional cost that may arise as a consequence of the change in passenger. The third party shall be bound by these terms and conditions including any cancellation charges that may arise after transfer of the booking. 
After the confirmation invoice has been issued, the lead Passenger is able to request an exchange, subject to availability, of the purchased Cruise/Package (“Original Cruise/Package”) with another cruise of the same annual programme (“New Cruise/Package”) on the following conditions:
 
(i) the date of departure of the New Cruise/Package is later than that of the OriginalCruise/Package;
(ii) the request for the substitution of the New Cruise in place of the Original Cruise is received by the Company not later than 14 working days before the date of the scheduled departure of the Original Cruise/Package and there is availability of spaces on the New Cruise/Package; and (iii) Passengers may only request one exchange per booking and
(iv) the itinerary for the New Cruise/Package refers to the same destination as the Original Cruise/Package as defined in the relevant brochure (or website).
 
If the conditions stated above in this clause are met, the substitution of the Original Cruise/Package with the New Cruise/Package will in any case be subject to £50 administration fee per change. In addition to the administration fee mentioned above, if the price of the New Cruise/Package is higher than that of the Original Cruise/Package, the difference in price will be borne exclusively by the Passenger. If the new cruise is of lower value the difference (no more than 25%) will be offered as onboard benefits (such as: credit, upgrade, drinks packages, etc.). When a complimentary upgrade is offered, our guests will benefit from the higher category cabin (from Bella to Fantastica for example), but do not receive the benefits (pre-cruise or onboard).Where the passenger requests a substitution of the Original Cruise/Package with the New Cruise/Package less than 14 days before the Original Cruise/ Package, then cancellation fees will apply; cancellation fees will be based on the price due (as per above provisions) and the scale provided under ‘Cancellation by the Passenger’ clause according to the Original Cruise departure date.
 
If the conditions stated above are met, the name and cruise change will in any case be subject to the following administration fee per passenger and per change:
 

From December 2016:


EXPERIENCE NAME CHANGES SAILING CHANGES

BELLA

Up to 7 working days prior to departure - £50 per change* Up to 14 working days prior to departure -
£100 per change**


FANTASTICA, WELLNESS & AUREA

Up to 7 working days prior to departure - £50 per change* Up to 14 working days prior to departure -
£50 per change**
MSC YACHT CLUB Up to 7 working days prior to departure - £50 per change*

Up to 14 working days prior to departure -
£50 per change**


*<7 days prior to departure is considered as cancellation (80-100%)

**<14 days prior to departure is considered as cancellation (80-100%)



It is understood that, in addition to the administration fee mentioned above, 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. 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 13 (Cancellation by the Passenger) according to the Original Holiday Package departure date.


The Company 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 Cruise/Package. This may not be possible and those carriers may treat the requested changes as cancellations and require payment in full for the booked services. In no case whatsoever will the Company be held liable for change requests that cannot be satisfied. Before any change can be made the lead Passenger must agree to any additional charges made by the providers of these services.

 

Name or date changes are not always allowed by airlines and other transport or services providers whenever they are made. Most airlines and other transport or services providers treat such changes as a cancellation and charge accordingly. Any additional costs including cancellations fees and/or increased prices levied by airlines or other third party providers will be exclusively for the Passenger’s account.

 

Save as provided above, other changes to Bookings may be requested (even after the confirmation invoice has been issued) until 63 days prior to departure, subject to a minimum administration fee of £25 per person per amendment. Any additional cost that may arise as a consequence of the change will be exclusively for the Passenger’saccount.

 

Requests of amendments to the Booking received by the Company within the above time limits will be treated as cancellations and the cancellation charges detailed in ‘Cancellation by the Passenger’ grid below will apply. 

In case the changes requested by the passengers entail the issue of new Cruise tickets, further to the above mentioned fees an amount of £25 per cabin will be charged to cover the extra costs.

 

Packages: In case of additional packages associated to the booking (e.g. beverage package), these will be updated with the new Guest name. 

Cancellation By The Passenger

Cancellation of booking must be requested in writing (registered letter, email or fax) to the Company or via the Passenger’s Sales Agent. All tickets issued and the confirmation invoice must be returned together with the notice of cancellation.
 
To cover the estimated loss incurred by cancellation, the Company will levy cancellation charges in accordance with the following scale:
  
From Summer 17 – Winter 17/18 

Cruises <15 Nights 

• More than 63 days before departure – deposit
• 62 to 42 days before departure – 25%* 
• 41 to 29 days before departure – 40%* 
• 28 to 15 days before departure – 60%* 
• 14 to 6 days before departure – 80%* 
• 5 to 0 before departure – 100%* 
 
Cruises >15 Nights 
• More than 93 days before departure – deposit
• 92 to 60 days before departure – 25%* 
• 59 to 52 days before departure – 40%* 
• 51 to 35 days before departure – 60%* 
• 34 to 15 days before departure – 80%* 
• 15 to 0 before departure – 100%* 
 
World Cruise 2019
• More than 90 days before departure – 15%*
• 89 to 60 days before departure – 25%*
• 59 to 15 days before departure – 50%* 
• 14 to 10 days before departure – 75%* 
• 9 to 0 days before departure – 100%* 
 
World Cruise 2020
• More than 120 days before departure – 15%*
• 119 to 60 days before departure – 25%*
• 59 to 15 days before departure – 50%* 
• 14 to 10 days before departure – 75%* 
• 9 to 0 days before departure – 100%* 
 
*or loss of deposit whichever is greater (£100 for cruise only: £250 for fly/cruise) 
**“No show” upon departure and Package breaking shall be dealt as a cancellation on the day of departure.
 
 
Where a cancellation results in a single occupancy or any cabin remains the Company will levy to the withdrawing Passenger charges, which in any case will not be lower than £100.00, in addition to the insurance premium; In addition the Passenger occupying the cabin for single use will also bear a 100% single surcharge, or any lower single surcharge the Company will be levying at that moment to any single cabin booking.
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.
The Passenger may request the cancellation of a Grand Tour, but such a cancellation shall always apply to the whole package. All the relevant time limits run from the schedule date of departure of the first Cruise of the Grand Tour.
Should the Passenger cancel or modify any service booked (Spa packages/drinks packages/etc.), he/she will be charged with a fee according to the scale specified in the service description. Unless otherwise stated, no charge will be applied.

Booking Changes Effected By The Company

Arrangements for the Cruise are made many months in advance by the Company. Very occasionally it may be necessary to alter them; therefore the Company expressly reserves the right to change the arrangements for the Cruise or the Holiday Package, should such changes become necessary or advisable for operational, commercial or safety reasons.
 
Most changes are minor but occasionally The Company has to make a significant change. The following are examples of significant changes when made before you go on the Cruise: A change in the time Passengers are due to leave the UK to go on the Cruise or the time Passengers are due to come back to the UK after the Cruise of more than 12 hours. A change of UK airport from the Passengers were due to fly to or from, except where the change is between London airports (Heathrow ,Gatwick, Stansted, London City or Luton) or where the new airport is within 50 miles of the original airport. A change of cabin accommodation to a significantly lesser grade. A significant change to the itinerary. i.e. when the itinerary has to be changed by more than 50% and may have to exclude an iconic highlight All changes which are not significant are treated as minor changes and therefore there is no right to cancel or to claim compensation. Please note: The Company does not classify a change of air or sea port as a significant change where coach transfers between a UK town and the relevant air/sea port are included in the holiday. A change of flight from direct to indirect is not classified as a significant change. In the event of a significant alteration to an essential term of the Contract, the Company will inform the Passenger or his/her Sales Agent of such change in writing as soon as reasonably possible. If there is time to do so before departure, we will offer you the choice of one of the following:
 
a) accepting the alteration; or 
b) booking another Cruise from the brochure and/or from the Official Website of equivalent or superior quality, if available; or 
c) booking another Cruise from the 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.
 
Passengers must notify the Company of their decision in writing or via their Sales Agent within 7 days of receiving the notification of alteration or 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 13.2,3.
 
If the Company has to make a significant change or cancel before departure, The Company will where compensation is appropriate, pay compensation payments set out in clause 15.3 depending on the circumstances and when the significant change or cancellation is notified to the Passenger, subject to the following exceptions listed below compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where The Company is forced to make a change or cancel as a result of unusual or unforeseeable circumstances beyond our control, the consequences of which The Company could not have avoided with all due care .
 
No compensation is payable for minor changes and The Company cannot accept liability for expenses that may be incurred if Passengers have to change or cancel any arrangements they might have made before the minor change was advised notified to them before departure.
 
Very rarely, The Company may be forced to change or terminate a Cruise after departure but before the scheduled end of the Cruise as a result of Force Majeure In particular, when unexpected events such as extreme weather, civil strife or other Force Majeure events occur, The Company may be required to act to protect the safety of its Passengers. This may require The Company to either make substantial alterations to an itinerary, or in extreme cases make urgent arrangements to repatriate customers to the United Kingdom or the port where the Cruise was scheduled to end. If this situation does occur, The Company regrets it will be unable to pay Passengers any compensation or meet any costs or expenses incurred by Passengers as a result.
 
If, after departure, The Company is unable to provide a significant proportion of the services It agreed to provide as part of its contract with Passengers, The Company will do it’s very best to make suitable alternative arrangements for the contracted services which have not been provided. If The Company cannot do so o Passengers refuse to accept these for good reasons, The Company will arrange to fly Passengers back to their UK departure airport (if the arrangements we agreed to provide included UK flights) or to transport Passengers to the final disembarkation port as soon as reasonably possible.
 
In some circumstances, Passengers may be entitled to the difference in price between the Cruise contracted for and that provided. Refunds will be made for shore excursions not performed.
 
Passengers also have rights in certain circumstances which includes refunds and transportation. The circumstances in which these rights apply and the rights are set out in the Passenger Bill of Rights which is on our website at https://www.msccruises.co.uk/en-gb/Passenger-Bill-of-Rights.aspx

Cancellation By The Company

The Company reserves the right to cancel any Cruise at any time by giving written notice to the Passenger.
 
If the cancellation is by virtue of a Force Majeure and/or due to any unusual or unforeseeable circumstances beyond the Company’s control, the consequences of which could not have been avoided by the Company even though it has exercised all due care, the Company will offer the Passenger the choice of:
 
a) receiving a full refund of all money paid; or 
b) booking another Cruise from the brochure and/or from the Official Website of equivalent or superior quality at no extra cost, if available; or 
c) booking another Cruise from the brochure and/or from the Official Website of lower quality, if available, with a refund of the difference in price.
 
If the cancellation is due to reasons other than those indicated above, the Company will offer the Passenger the same choices as detailed above.
 
The Passenger’s decision must be notified to the Company in writing or via their travel agent within 7 days of the notice of cancellation.

The Company’s Liability

The Company accepts responsibility for death, injury or illness caused by the negligent acts and or omissions of it and anyone who supplies services, which form part of the Package. 
 
The Company limits its liability, where applicable, by the conventions mentioned in ‘Booking Changes Requested By The Passenger’. The liability of the Company toward the Passenger is governed also by the International Conventions mentioned hereunder which provide limitations of liability of the Carrier. The Company is not responsible for any improper or non-performance which is:
a) Wholly attributable to the fault of the Passenger;
b) The unforeseeable or unavoidable act or omission of a third party unconnected with the supply of any service to be provided under the Contract;
c) An unusual or unforeseeable circumstance beyond the control of the Company and/or anyone who supplies services which form part of the Package the consequences of which could not have been avoided even if all due care had been exercised, including (but not limited to) an event of force majeure; or
d) An event which the Company and/or anyone who supplies services which form part of the Cruise could not even with all due care have foreseen or forestalled.
For claims not involving personal injury, death or illness or which are not subject to the conventions referred to in ‘Booking Changes Requested by the Passenger’ inclusive, the Company’s liability for improper performance of the Contract shall be limited to a maximum of twice the price which the affected Passenger paid for the Cruise (not including premiums and amendment charges).
All carriage (by land, air and sea) is subject to the Conditions of Carriage of the actual Carrier. These may limit or exclude liability. They are expressly incorporated into the Contract and are deemed to be expressly accepted by the Passenger at the time of booking. Copies of these terms and conditions are available on request from the Company.
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 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 the Company and a Passenger) are expressly incorporated into these Conditions. 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 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.
 
 
 
Carriage of Passengers and their luggage by sea shall be governed by EU Regulation 392/2009 ( hereinafter the PLR)   and where applicable the Athens Convention 1974 and where applicable after 23 April 2014 the Athens Protocol 2002  (hereinafter jointly referred as “the Athens Convention”) The PLR and where applicable the Athens Convention are expressly incorporated into these Conditions and any liability of the Company and/or the Carrier for death or personal injury or for loss of or damage to luggage arising out of carriage by sea shall be solely determined in accordance with the PLR and where applicable the Athens Convention. The PLR and where applicable the Athens Convention limit the Carrier’s liability for death or personal injury or loss of or damage to luggage and makes special provision for valuables. It is assumed that luggage has been delivered undamaged to the Passenger unless the latter gives written notice to the Company or Carrier in the following terms:
a) In case of apparent damage, before or at the time of disembarkation or redelivery; or
b) In case of damage which is not apparent or of loss, within 15 days from the date of disembarkation or redelivery or from the time when such redelivery should have taken place.
Any damages payable by the Company up to the  PLR and where applicable the Athens Convention limits shall be reduced in proportion to any contributory negligence by the Passenger and by the maximum deductible specified in Article 8 (4) of the Athens Convention. Copies of the Athens Convention are available from the Company upon request.
Insofar as the Company may be liable to a Passenger in respect of claims arising out of carriage by air, land or sea, the Company shall be entitled to all the rights, defenses, immunities and limitations available, respectively, to the actual Carriers (including his own terms and conditions of carriage) and under the PLR and where applicable the Athens Convention, and nothing in these Conditions shall be deemed as a waiver thereof.  If any term, condition, section or provision becomes invalid or be so judged, the remaining terms, conditions, sections and provisions shall be deemed severable and shall remain in force.
The Company’s liability will not at any time exceed that of any Carrier under its Conditions of Carriage and/or applicable or incorporated conventions.
Except for claims arising out of carriage by air, any liability in respect of death and personal injury and loss of and damage to luggage which the Company may incur to the Passenger, whether under the Contract in accordance with these Conditions or otherwise, shall always be subject to the limits of liability contained in the PLR  and Athens Protocol 2002  Where there is a shipping incident as defined by the PLR: the passenger has a right to compensation from the Carrier or the Carrier's insurance provider of up to 250.000 SDRs in any event, with the exception of circumstances beyond the Carrier's control (i.e. act of war, natural disaster, act of a third party). Compensation can go up to 400.000 SDR unless the carrier proves that the incident occurred without his fault or neglect. In the case of a non on-shipping incident: the passenger has a right to compensation from the Carrier of up to 400.000 SDR, if the Passenger  proves that the incident was the result of the Carrier's fault or neglect.  The limits for death /personal injury under the Athens Convention 1974. are 46 666 SDRs per passenger
 
 
 
Further information concerning the PLR and where applicable the Athens Convention and its full text may be found on the European Commission website (http://europa.eu/legislation_summaries/transport/waterborne_transport/tr0018_en.htm). A summary of the PLR can be found at  http://ec.europa.eu/transport/themes/passengers/maritime/doc/rights-in-case-of-accident.pdf
Limits of liability or cabin luggage are 2250 SDRs per Passenger pursuant to the PLR and Athens Protocol 2002 and 833 SDRS per Passenger pursuant to the Athens Convention 1974. The Company and the Carrier have no liability for valuables unless deposited with the ship’s purser. In which case liability will be limited to 3375 SDRs or 1200 SDRs respectively. References to limits per passenger are per carriage.
Notwithstanding anything to the contrary elsewhere in these Conditions, the Company shall not in any circumstances be liable for any loss or anticipated loss of profits, loss of revenue, loss of use, loss of contract or other opportunity nor for any other consequential or indirect loss or damage of a similar nature.
The liability of the Company is excluded for claims arising out of loss or damage directly or indirectly occasioned by circumstances where performance and/or prompt performance of the Contract is prevented by reason of war, or threat of war, riot, civil strife, industrial dispute whether by the Company’s employees or others, terrorist activity or the threat of terrorist activity, failure of power supplies, health risks or epidemics natural or nuclear disaster, fire or adverse weather conditions or adverse sea states, Passenger’s suicide or attempted suicide or the Passenger’s deliberate exposure to unnecessary danger (except in an attempt to save human life), or the consequences of participating in an unusual and dangerous activity and any other circumstance of any nature whatsoever outside the Company’s control.
Where the Company has any legal liability for loss of or damage to property otherwise than in accordance with the PLR and where applicable the Athens and/or Montreal Conventions then its liability shall not at any time exceed  £500,00 and the Company shall not at any time be liable for money or valuables. Passengers must not pack money or other valuables in their luggage.

Itinerary / Right To Change

The Company 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 the Company will be under no liability or obligation to the Passenger.

Your Data – which may also appertain to some data deemed sensitive (set out in Articles 4, paragraph 1, letter d, and 26 of the Code), as well as photos/images and audio/video recordings – will be processed for the following purposes:

  • concluding, managing and implementing contractual relations between you and MSC Crociere SA;
  • purposes linked to fulfilling legal obligations, regulations, national and EU standards, as well as those arising from provisions issued by the authorities and to this end justified by law;
  • activities closely linked to and instrumental in managing relations with guests on board and for ensuring the provision of services as part of the touristic package (e.g., acquiring personal details through bookings for services relating to the various thematic areas of entertainment and relaxation, the organisation of events, photos of events or functions on board, etc.).
Moreover, if you give your express consent, your data will be processed for the following subsequent purposes:
  • offering a series of exclusive benefits and privileges before and after the cruise;
  • compiling statistics on customer profiles, useful in developing products and services that better meet the requirements of its customers;
  • sending personalised offers, invitations to events of different kinds, as well as information and marketing communications, by post, electronic mail, SMS and fixed-line phones;
  • nominative profiling activities (analysis of consumption patterns to develop marketing strategies, including customised approaches);
  • promotional and commercial activities by companies belonging to the MSC Crociere SA corporate group or by third parties, partners of MSC Crociere SA.

The processing of Data to achieve these purposes is necessary for ensuring the proper management of contractual relations, in addition to fulfilling the purposes indicated above.

Passenger’s Responsibility

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.
 
The Passenger hereby expressly agrees to allow any such search.
 
Passengers must have received all necessary medical inoculations prior to the cruise and have in their possession all tickets, valid passports, visas, medical cards and any other documents necessary for the scheduled ports of call and disembarkation.
Each Passenger warrants that he/she is physically and mentally fit to undertake the Cruise.
 
The Company 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.
 
No Passenger shall bring any animals whatsoever, except for recognized service dogs, subject to the information detailed in ‘Persons with Disabilities and Reduced Mobility’.
 
The Company will be under no liability whatsoever to any Passenger in respect of any breach or non-observance by any Passenger of the provisions of this clause and any Passenger shall indemnify the Company against any loss or damage occasioned to the Company or any of its suppliers by such breach or non-observance.
 
Passenger’s behaviour must not affect and reduce the safety, peace and enjoyment of the cruise by other Passengers.
 

It is strictly forbidden for Passengers to 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.


Passengers shall be liable for any damage suffered by the Company and/or the Carrier and/or any Supplier of any service that forms part of the Package as a result of the Passenger’s failure to comply with his contractual obligations. In particular, the Passenger shall be liable for all damages caused to the vessel or its furnishings and equipment, for injury or loss to other Passengers and third parties, and also for all penalties, fines and expenses attributable by the Passenger that the Company, Carrier or Supplier may be liable to pay. 

Flights

The Company is unable to state the identity of the carrying airline or the aircraft type. All flights will be operated on scheduled or chartered services of recognised airlines. In those circumstances the air ticket payment needs to be made by the Company in advance and is non-refundable under any circumstances. Any cancellation by the Passenger at any time will result in the air fare cost being payable by that Passenger regardless of the cancellation provisions with regard to the cruise.
 
The Passenger will receive confirmation of flight timings and routes with their travel documents, which will be sent out approximately 7 days before departure.
 
For travel on dates other than those published in the 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.
 
The Company is not the air carrier or an operating air carrier as defined by Regulation (EC) No 261/2004 (the “Regulation”) The obligations under these Regulation for compensation are exclusively those of the air carrier and/or operating air carrier and all claims relating to cancellation, delay or denied boarding in respect of air transportation must therefore be made to the relevant air carrier.
 
The Company shall have no liability under the Regulation such liabilities being entirely those of the air carrier to whom the Passenger must address all claims. In exercising their rights under the Regulation the Passenger must seek to take as much of the Contract as possible and must not prejudice the Company’s rights under these Booking Conditions or in law.
 
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 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 aircraft. Passengers must check with the airline prior to carriage.
 
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). The Company shall not be responsible for any liabilities arising in respect of flights or transfers arranged by the Passenger.

Consumer Protection

The Company is a member of the Association of British Travel Agents (ABTA) and its consumer protection scheme and is bonded accordingly for all cruises sold in the UK. 
 
The Company complies with the bonding requirements of the Civil Aviation Authority, CAA licence number (4316), which protects all of its cruise packages sold with flights.  As of 1st November 2009 the Air Passenger Duty, which is payable by all passengers departing from UK airports, is included in the price of your holiday.  In the unlikely event of the company’s insolvency the Civil Aviation Authority will ensure that Passengers are not stranded abroad and will arrange to refund any money paid to the Company for an advance booking.  For further information visit the ATOL website at www.atol.org.uk.  Please note that all monies paid by you to your Travel Agent are held by your Travel Agent as agent for the company, after confirmation of the booking by the Company.  Under these schemes your money is protected in the unlikely event that the Company should cease to trade and the same scheme provides for your repatriation in that event.
 
The Company or the suppliers of the services you have bought will provide you with the services you have bought (or a suitable alternative).  In some cases, where neither the Company nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you).  You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder.  However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
 
The European Commission has set up an online platform ("OS platform") to which you can apply for seeking an out-of-court dispute resolution. This platform is available at the following web link: "http://ec.europa.eu/consumers/odr/". 

Complaints

Any Passenger with a complaint whilst on a Cruise must bring it to the attention of the Cruise staff on-board as soon as possible. If the Cruise staffs are unable to resolve the problem, any complaint must be notified in writing to the Company within 28 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 package must be made promptly to the Company or the supplier.

Data Protection

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 passengers booking effectively.  The Company may pass this information on to other relevant individuals such as travel 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.
 
The Company is entitled to assume that the Passenger consents to such transfer of information, including to other countries which may not have such robust requirements regarding data protection as the UK, unless the passenger objects in writing to the Company no later than seven days prior to the scheduled departure date.
 
It is your responsibility to make sure that information, which the company holds about you is up to date and accurate.
 
Our Data Protection Policy is set out in our Privacy Policy which is incorporated into these terms. 

Variation

No variation of these terms shall be effective unless in writing and signed by the Company.

Smoking Policy

MSC Cruises respects the needs and desires of all Guests, and we have considered carefully the subject of those who smoke and those who do not. In compliance with global standards, smoking is freely permitted in dedicated areas throughout the ship and equipped with a special air extraction system. 
 
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. 
 
The Company highly recommends Passengers avoid smoking in the cabins because of the risk of fire. Smoking on the cabin balconies is not allowed. 
 
Smoking is permitted in several bars on each ship, and on one side (indicated by signage) of the principal outer pool deck areas, where ashtrays are provided. 
 
Throwing cigarette butts over the side of the ship is prohibited.

Liability Of Employees, Servants And Subcontractors

It is hereby expressly agreed that no servant or agent of the Company and/or the Carrier, including the Master and crew of the cruise vessel concerned including independent subcontractors and their employees as well as the underwriters of these parties shall in any circumstance whatsoever be under any liability whatsoever beyond these Booking Conditions and these parties may invoke these General Booking Conditions and the Conditions of Carriage to the same extent as the Company and/or the Carrier.
 
Shore Excursions are operated by independent contractors even if sold by Sales Agents or on board the cruise ship. MSC shall not be responsible in any way for the services provided by such independent contractors. The Company operates as mere agent for the Shore excursion provider. The Company has no direct control over the shore excursion providers and their services hence in no case whatsoever will the Company 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. The Company 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.

Law and Jurisdiction

These Terms and Conditions are subject to English Law and the exclusive jurisdiction of the Courts.  Any action, suit or proceedings against the company and/or its employees shall, unless the Company expressly agrees otherwise in writing be brought in the English Courts and shall be subject to English law.

Errors, Omissions and Changes

Every effort has been made to ensure accuracy of the brochure and/or of the Official Website content but certain changes and revisions may take place after the printing of the brochure and/or the publishing of the Official Website. It is recommended to check with the travel agent or by visiting the Company’s website for the most up to date terms and conditions.

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