All Travel Services featured in the Official Website (msccruisesksa.com) for cruises in the Red Sea are provided by the operator msccruisesksa.com. When you make a Booking, you will be entering into a Contract with the operator.
In these Booking Terms & Conditions the following expressions shall have the meanings defined hereunder:
“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 Travel Services and Holiday Packages 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 the Passenger to purchase a Holiday Package, upon which the Passenger will enter into a Contract with MSC Cruises for the supply of the Travel Services which comprise the Holiday Package.
“Company” means msccruisesksa.com
“Conditions of Carriage” means the terms and conditions under which the Carrier provides transport either by air, road or sea. The Conditions of Carriage may refer to the provisions of the law of the country of the Carrier and/or international conventions which may limit or exclude the liability of the Carrier. Copies of the Conditions of Carriage of any Carrier are available to the Passengers upon request.
“Contract” means the contract concluded between the Company and the Passenger relating to the relevant Travel Services which comprise the Holiday Package and which is evidenced by the issue of the confirmation invoice sent by msccruisesksa.com or the Agent to the Passenger.
“Cruise” means the transport by sea and the stay onboard an MSC Cruises vessel (as described in the relevant Company’s brochure, the Official Website or other documentation produced for or on behalf of the Company), which – if not purchased with pre- or post-Cruise services – can be considered by itself as a Holiday Package.“Disabled 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.
“Force Majeure” means any unforeseeable and unpredictable event out of the Carrier’s, MSC Cruises’ 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, 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.
“Combined Tour” means the combination of two or more Cruises 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
“Holiday 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 inclusiveHoliday Package price.
“MSC Cruises” means MSC Cruises S.A., whose registered address is AvenueEugene-Pittard 40, Geneva, Switzerland 1288.
“Official Website” means the set of related web pages, documents and hypertext links served from the web domain www.msccruisesksa.com
“Passenger” means each and every person, including minors, named either on the Booking confirmation or on the invoice or on a ticket issued by MSC Cruises.
“Shore 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 onboard its vessels.
“Travel Services” means the Cruiseon the Official Website (excluding Shore Excursions or shuttle services).
1. Booking Procedure and DepositGuruAdmin2021-07-08T15:15:47+10:00
1.1 In order to proceed with a Booking, the Passenger must book online or contact one of the authorised Agents or representatives.
1.2 By booking for a Holiday 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 Terms & Conditions and that he/she has authority to accept these Booking Terms & Conditions on behalf of all the persons named on the Booking request and invoice.
1.3 Full payment is due at time of booking.
1.4 A Booking will be completed and the Contract will be effective only when the Company confirms the Booking by sending a confirmation invoice to the Passenger or to the Passenger’s Agent.
2.1 Every Holiday Package is subject to availability at the time of Booking. No Booking shall be confirmed, and no Contract shall be made, until the the
full amount is paid and the confirmation invoice provided to the Passenger.
2.2 Full payment is required at the time of booking.
3. Prices and Price GuaranteeGuruAdmin2021-07-07T07:12:50+10:00
4.1 Basic travel insurance is included in the price of your cruise ticket for all Red Sea Cruises in Summer 2021. This does not cover the mandatory Covid-19 policy for children which needs to be purchased. For all other departures, it is the responsibility of the customer to ensure they have adequate travel insurance.
MANDATORY COVID INSURANCE POLICY FOR CHILDREN
It is mandatory for all Children up to the age of 18 have purchased COVID-19 insurance from Tauwaniyah
5. Passport, Visas and Travel AdviceGuruAdmin2021-07-08T19:01:58+10:00
• Saudi passengers planning to go ashore in Jordan can obtain
visa upon arrival. Non-Saudis need to check this website for
requirements and apply if needed.
• Saudi passengers planning to go ashore in Egypt are exempt
from visa requirements. Non-Saudis need to check this website for
requirements and apply if needed.
5.1 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 USA.
5.2 MSC Cruises and the Company are not responsible for obtaining or checking 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, custom and health.
5.3 MSC Cruises and the Company shall have no liability even if they or the Carrier has considered or seen the travel documents at any stage.
5.4 MSC Cruises and the Company are 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 website for detailed information www.gov.uk/foreign-travel-advice.
6. Fitness to Travel Pregnancy, Medical FacilitiesGuruAdmin2021-05-29T14:52:44+10:00
6.1 The safety of all Passengers is of paramount importance to MSC Cruises, 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.
6.2 Any Passenger with a condition that may affect fitness to travel taking into account the vessel’s itinerary must inform the Company at the time of Booking and submit a doctor’s certificate prior to Booking.
6.3 In any case, MSC Cruises and/or the Carrier has the right to request, at their own discretion, the Passenger to produce medical certificates supporting the fitness to travel.
6.4 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.
6.5 MSC Cruises and/or the Carriers do not have on board any of the cruise vessels adequate medical facilities or equipment for childbirth. MSC Cruises and the Company cannot accept a Booking and the Carrier cannot carry any Passenger who will be 24 weeks pregnant or more by the end of the Cruise.
6.6 MSC Cruises 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 MSC Cruises, the Company and the Carrier shall have no liability in respect of such refusal.
6.7 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 upper clause 6.5 then, MSC Cruises will offer the Passenger the choice of Booking another Cruise from the Company’s 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. The refund will not include insurance premiums paid which are in no case refundable.
6.8 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 disembark at any port or likely to render the Carrier liable for maintenance, support or repatriation, then the master shall have the right to refuse to embark the Passenger at any port or disembark the Passenger at any port or transfer the Passenger to another berth or cabin. The doctor onboard shall have the right to administer first aid and any drug, therapy or other medical treatment and/or to admit and/or confine the Passenger to the ship’s 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 MSC Cruises, the Company nor the Carrier shall be liable for any loss, expense or compensation to the Passenger.
6.9 Where a Passenger is assessed as unfit to travel and refused embarkation then neither MSC Cruises, the Company nor the Carrier has any liability to the Passenger.
7. Disabled Passengers and Passengers with Reduced Mobility and Tender SafetyGuruAdmin2021-05-29T14:53:24+10:00
7.1 MSC Cruises’ and the Carriers’ 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 MSC Cruises and Carrier 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.
7.2 The Passenger is asked to provide full details at the time of Booking if the Passenger:
a) Is unwell, infirm, Disabled or has Reduced Mobility;
b) If the Passenger requires a special Disabled cabin, since there is a limited number of these available and since MSC Cruises would like to, wherever possible, accommodate the Passenger so that the Passenger is comfortable and safe for the duration of the Cruise;
c) If the Passenger has any special seating requirements;
d) If the Passenger needs to bring any medical equipment on board;
e) If the Passenger needs to bring a recognised assistance dog on board the vessel (please note that assistance dogs are subject to national regulations).
7.3 Where MSC Cruises and/or the Carrier consider 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 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 MSC Cruises and/or the Carrier 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 during the whole Holiday Package and might also be requested to be accompanied by a travelling Passenger fit and able to assist them.
7.4 If the Passenger has any particular condition, 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.
7.5 If after careful assessing the Passenger’s specific needs and requirements, MSC Cruises and/or the Carrier concludes that the Passenger cannot be carried safely and in accordance with applicable safety requirements then MSC Cruises can refuse to accept a Booking or embarkation of a Disabled Passenger or Passenger with Reduced Mobility on the grounds of safety.
7.6 MSC Cruises reserves the right to refuse to carry any Passenger who has failed to adequately notify it of any disabilities or needs for assistance in order for MSC Cruises and/or the Carrier 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 MSC Cruises under clauses 7.5 to 7.6 of these Booking Terms & Conditions then the Passenger must provide a complaint in writing with all supporting evidence to MSC Cruises.
7.7 MSC Cruises reserves the right to refuse to carry any Passenger who in the opinion of MSC Cruises 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.
7.8 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 is asked to inform MSC Cruises immediately so that MSC Cruises and the Carrier can make an informed assessment whether or not the Passenger can be carried in a safe or operationally feasible manner.
7.9 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.
7.10 In some ports, it is necessary to anchor offshore rather than alongside. When this is the case, the Carrier will use a tender to take Passengers ashore. A tender is a small vessel and may not be suitable for people 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. 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. 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. Wheelchairs and mobility scooters will not be carried by the crew into the tender. All Passengers must be independently mobile enough to use the tenders. Ultimately, carriage by tender may be refused by the master or any of his officers if there is any doubt as to the safety of any Passenger.
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.
8. Public Health QuestionnaireGuruAdmin2021-05-29T14:54:05+10:00
8.1 MSC Cruises 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.
8.2 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 Carrier and refusal to do so may result in disembarkation without any liability for damages or a refund on MSC Cruises or the Carrier.
9.1 Passengers are reminded that some foods may cause an allergic reaction in certain people due to intolerance to some ingredients. If the Passenger has any known allergies, or is intolerant to any food, he/she is required to inform the Company at the time of Booking (by duly filling in a specific form) and further to report it to the Maître d’hôtel as soon as convenient after boarding the ship.
9.2 It is the responsibility of the Passenger to ensure that he/she actively avoids any food he/ she is allergic to. MSC Cruises will take all reasonable care if made 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 if made aware by the Passenger according to clause 9.1 above; in absence of such information neither MSC Cruises, the Company, nor the Carrier will be held responsible for preparing special meals for the Passenger or any other prepared meals consumed by the Passenger. In case of multiple allergies/intolerances, even though informed according hereto, MSC Cruises or the Carrier might not be able to avoid the risk of cross-contamination during food preparation and therefore neither MSC Cruises, the Company, nor the Carrier will be held responsible if such contamination occurs.
10. Medical AssistanceGuruAdmin2021-05-29T14:55:32+10:00
10.1 Passengers are strongly recommended to have comprehensive travel health insurance covering medical treatment and repatriation costs and expenses.
10.2 In compliance with Flag State requirements, there is a qualified doctor onboard and a medical center equipped for first aid and minor conditions only. The Passenger hereby acknowledges and accepts at the time of Booking that the medical center is not equipped as a land-based hospital and the doctor is not a specialist. Neither MSC Cruises, 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.
10.3 The Passenger acknowledges that whilst there is a qualified doctor onboard the vessel, it is the Passenger’s obligation and responsibility to seek medical assistance if necessary during the Cruise and will be responsible to pay for onboard medical services.
10.4 In the event of illness or accident, Passengers may have to be landed ashore by
the Carrier and/or the master for medical treatment. Neither the Carrier, the Company nor MSC Cruises 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 MSC Cruises, the Company nor the Carrier makes any representations or warranties in relation to the standard of medical treatment ashore.
10.5 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.
10.6 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 6 and the requirement of fitness to travel is applicable to all Passengers including infants.
11. Medical EquipmentGuruAdmin2021-05-29T14:56:18+10:00
11.1 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 MSC Cruises and the Carrier can ensure that the medical equipment can be carried safely.
11.2 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.
12. Booking Changes requested by the PassengerGuruAdmin2021-08-18T16:50:50+10:00
12.1 The Passenger is NOT entitled to transfer his booking in its entirety to a third party.
12.2 Name changes will in any case be subject to the following administration fee per Passenger:
MSC YACHT CLUB
Up to 63 days prior to departure
62 to 14 days prior to departure
SAR 750 per change
Considered as cancellation
< 14 days prior to departure
Up to 7 working days prior to departure
SAR 1000 per change
Considered as cancellation
* Name changes requested 6-0 days prior to departure will be considered as cancellation
*Once a booking is confirmed, it is not possible to add guests to cabins. Cancellation penalty will apply as the cabin will need to be cancelled and rebooked with the correct number guests.
12.3 Save as provided above, other changes to the Booking may be requested (even after the confirmation invoice has been issued) until 63 days prior to departure, subject to a minimum administration fee of SAR 500.00 per person per amendment. Any additional costs that may arise as a consequence of the change will be exclusively for the Passenger’s account.
12.4 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 13 below will apply.
12.6 In case the changes requested by the Passengers entail the printing of new Cruise tickets, further to the above mentioned fees an amount of SAR 250 per cabin will be charged to cover the extra costs.
13. Cancellation by the PassengerGuruAdmin2021-07-08T21:30:12+10:00
14.1 Arrangements for the Cruise are made many months in advance by MSC Cruises. Very occasionally it may be necessary to alter them; therefore MSC Cruises expressly reserves the right to change the arrangements for the Cruise, as does the Company , should such changes become necessary or advisable for operational, commercial or safety reasons. No compensation is paid for such situations by MSC Cruises or the Company.
15. Cancellation by the CompanyGuruAdmin2021-05-29T15:00:13+10:00
15.1 The Company reserves the right to cancel any Holiday Package at any time by giving written notice to the Passenger but shall not be liable for additional compensation, if:
(i) the cancellation is due to an event of Force Majeure and/or 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;
(ii) the number of persons enrolled for the Holiday Package is smaller than the 50% of the passenger capacity of the relevant ship.
In both cases above, the Company will offer the Passenger the choice of:
a) Receiving a full refund of all money paid; or
b) Booking another Holiday Package from the Company’s brochure and/or from the Official Website of equivalent or superior quality 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.
16. Passenger Liability of MSC CruisesGuruAdmin2021-07-08T21:38:15+10:00
16.1 Subject to clause 16.3 to 16.8 MSC Cruises accepts responsibility for death, injury or illness caused by the negligent acts and or omissions of them and anyone who supplies services, which form part of the Holiday Package. The liability of MSC Cruises and the Company is limited, where applicable, by the conventions mentioned in 16.4 to 16.14 inclusive. The liability of MSC Cruises
toward the Passenger is governed also by the International Conventions mentioned hereunder (see clauses 16.4 to 16.14) which provide limitations of liability of the Carrier. MSC Cruises and the Company are 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 MSC Cruises and/or the Company and/or anyone who supplies services which form part of the Holiday 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 MSC Cruises and/or the Company and/or anyone who supplies services which form part of the Holiday Package could not even with all due care have foreseen or forestalled.
16.2 For claims not involving personal injury, death or illness or which are not subject to the conventions referred to in clause 16.4 to 16.14 inclusive, MSC Cruises’ shall not be liable for any service not permormed by MSC Cruises.
16.3 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 these Booking Terms and Conditions 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.
16.4 Insofar as MSC Cruises and/or the Company may be liable to a Passenger in respect of claims arising out of carriage by air, land or sea, MSC Cruises and the Company shall be entitled to all the rights, defences, immunities and limitations available, respectively, to the actual Carriers (including his own terms and Conditions of Carriage) and under all the applicable regulations and/or conventions, such as the Athens Convention, the Montreal Convention and nothing in these Booking Terms and Conditions nor in the Conditions of Carriage 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.
16.5 The liability (if any) of MSC Cruises, the Company and the Carrier 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:
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 Conditions including any claims for loss of or damage to luggage and or death and or personal injury.
16.7 The level of damages MSC Cruises, the Company and the Carrier 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.
16.8 It is presumed under the Athens Convention 1974 and where applicable The Athens Convention 2002 or EU Regulation 392/2009 that the Carrier has delivered Luggage to a Passenger unless written notice is given by the Passenger within the following periods:
(i) in the case of apparent damage before or at the time of disembarkation or redelivery
(ii) 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.
16.9 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 KSA, the provisions of the Athens Convention 1974 shall apply to this contract and be deemed to be incorporated herein mutatis mutandis.
16.10 MSC Cruises and the Company shall not be liable for loss or damage to any valuables such as monies, negotiable securities, precious metal items, jewellery, art, cameras, computers, electronic equipment, or any other valuables unless they are deposited with the Carrier for safe-keeping, and a higher limit is agreed expressly and in writing at the time of deposit, and an extra charge is paid by the Passenger for declared value protection. Use of the ship’s safe is not a deposit with the ship. Where there is liability for loss of or damage to valuables deposited with the ship then such liability is limited to 1,200 SDR under the Athens Convention 1974 or 3,375SDR where EU Regulation 392/2009 or Athens Convention 2002 applies.
16.11 MSC Cruises, the Company and the Carrier shall have full benefit of any applicable laws providing for limitation and/or exoneration of liability (including without limitation, law and/or the laws of the vessel’s flag in respect of/or the global
limitation on damages recoverable from the Carrier). Nothing in these Booking Terms and Conditions is intended to operate to limit or deprive MSC Cruises, the Company and the Carrier of any such statutory or otherwise limitation or exoneration or liability. The servant and/or agents of MSC Cruises, the Company and the Carrier shall have the full benefit of all such provisions relating to the limitation of liability.
16.12 Without prejudice to the provisions of 16.6 to 16.12 above, if any claim is brought against MSC Cruises, the Company and Carrier in any jurisdiction where the applicable exemptions and limitations incorporated in these Booking Terms and Conditions are held to be legally unenforceable then MSC Cruises, the Company and the Carrier shall not be liable for death, injury, illness, damage, delay or other loss or detriment to any person or property arising out of any cause of whatsoever nature which has not been shown to have been caused by MSC Cruises, the Company and Carrier’s own negligence or fault.
16.13 Notwithstanding anything to the contrary elsewhere in these Booking Terms and Conditions, MSC Cruises and 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.
16.14 The liability of MSC Cruises and 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 strike, industrial dispute whether by MSC Cruises or 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 MSC Cruises or the Company’s control.
16.15 Where MSC Cruises or the Company 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 SAR 1500,00 (in aggregate) and MSC Cruises 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.
16.16 MSC Cruises and 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. Any damages payable by MSC Cruises or the Company shall be reduced in proportion to any contributory negligence by the Passenger.
17. Itinerary / Right to ChangeGuruAdmin2021-05-29T15:01:21+10:00
17.1 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 MSC Cruises, the Company nor the Carrier will be under any liability or obligation to the Passenger.
18.1 The Passenger has a duty to follow the instructions and orders of the master and Officers while onboard. The Passenger hereby accepts and agrees that the master and officers are entitled and have authority to inspect any person on board, any cabin, baggage and belonging for safety, security or other lawful reasons.
18.2 The Passenger hereby expressly agrees to allow any such search.
18.3 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.
18.4 Each Passenger warrants that he/she is physically and mentally fit to undertake the Cruise.
18.5 The Carrier 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 onboard.
18.6 No Passenger shall bring any animals whatsoever, except for recognized service dogs, subject to clause 7 above.
18.7 MSC Cruises, the Company and/or the Carrier will be under no liability whatsoever to any Passenger in respect of any breach or non-observance by any Passenger of the provisions of this clause and any Passenger shall indemnify the Carrier, MSC Cruises and the Company against any loss or damage occasioned to the Carrier, MSC Cruises or the Company or any of its suppliers by such breach or non-observance.
18.8 Passenger’s behaviour must not affect and reduce the safety, peace and enjoyment of the Cruise by other Passengers.
18.9 It is strictly forbidden for Passengers to carry firearms, ammunition, explosives or flammable, toxic or dangerous substances, goods or articles onboard any vessel which could be dangerous for the safety of Passengers and the Vessels.
18.10 Passengers shall be liable for any damage suffered by MSC Cruises and/or the Company and/or the Carrier 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 MSC Cruises, the Company, Carrier or supplier may be liable to pay.
18.11 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 official offered by the Company or its agreed independent contractors
20.1 Any Passenger with a complaint whilst on a Cruise must bring it to the attention of the Cruise staff onboard 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 28 days of the termination of the Cruise. Failure to report the complaint within this time may adversely affect the MSC Cruises’ and the Company, ability to deal with it. No claims for illness will be accepted unless the Passenger has reported the illness to the Carrier and has been seen by the Ship’s doctor. Complaints relating to any other part of a Holiday Package must be made promptly to the Company or the supplier quoting your booking reference number. Any complaint concerning your holiday will be dealt with carefully and fairly by our staff. Once your complaint has been fully investigated in accordance with this procedure we will inform you of the outcome. If the complaint is upheld, then any compensation that may be awarded would be subject to our compensation terms and conditions.
20.2 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
20. Data ProtectionGuruAdmin2021-07-08T15:39:45+10:00
22.1 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. 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.
22.3 Personal data 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 the Carrier providing personal data to shore side doctors, next of kin, the Company and Carrier’s insurers
and advisors and the Passenger’s medical insurers. Personal Data shall only be kept for as long as is necessary or required by law.
24.1 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.
24.2 In principle, smoking is not permitted in any food service areas (buffets and restaurants, the medical centres, childcare 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).
24.3 The Carrier highly recommends Passengers avoid smoking in the cabins because of the risk of fire. Smoking on the cabin balconies is not allowed. MSC Cruises reserves the right to levy a fee should passengers be found smoking in not designated area of the vessel. Repeatedly smoking in non- smoking areas can ultimately lead to disembarkation.
24.4 Smoking is permitted in dedicated areas of at least one bar on each ship, and on one side (indicated by signage) of the principal outer pool deck areas, where ashtrays are provided.
24.5 Throwing cigarette butts over the side of the ship is prohibited.
23. Law and JurisdictionGuruAdmin2021-07-08T15:43:13+10:00
27.1 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.
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 Agent or by visiting the Company’s Official website for the most up to date Booking Terms & Conditions.
TERMS & CONDITIONS FOR
SHORE EXCURSIONS AND SPECIAL SERVICES
Online Booking Terms & Conditions for Shore ExcursionsGuruAdmin2021-05-29T15:09:20+10:00
Please read these terms and conditions carefully before booking an excursion. For shore excursions that are booked online, please check the appropriate check box confirming that you have read and understood the terms and conditions. Please note that if English is not your first language then it is your responsibility to ensure that you have clearly understood these terms and conditions.
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.
*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.
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.
Online Booking Terms & Conditions for Special ServicesGuruAdmin2021-07-07T07:44:51+10:00
Please note that if English is not your main language then it is your obligation to ensure that you have clearly understood these booking on line terms and conditions relating to any goods or services offered by any third party before ticking the appropriate box confirming that you have read and understood them.
As used herein “MSC”, “us” or “we” means MSC Cruises SA, 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 (hereinafter also referred to as the “Services”), 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.
The payment must be made in advance by Credit Card, according to instructions and timings displayed on this website. The booking shall be deemed to be successfully complete only upon full payment. The Services can be booked, modified or cancelled up to 2 days before cruise departure.
Should you cancel any services no cancellation fees will be applied provided that such cancellation is done 2 days before the departure through MSC Cruises website.
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.