Carrier's standard conditions of carriage

As a customer, please ensure that you read all provisions of this Contract of Carriage carefully as you will be bound by them, along with all terms and conditions referenced in this Contract of Carriage - please see clauses 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, 13,
16, 17, 18, 20, 21, 22, 23 below.

 

Certain provisions may be governed by the CPA, and attention is particularly drawn to any waivers, limitations or exclusions of risk or liabilities of MSC, the Carrier or another person, assumption of risk or liability by the consumer, indemnifications, acknowledgements of facts by the consumer and adverse terms, if any, as contained.

 

Your attention is specifically drawn to the following provisions contained herein: 2.3, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14.4, 14.5,
16, 17, 18, 19, 20, 21, 23, 24, 25, 26, 27, 28.

 

Please take note that this Contract of Carriage and other documentation issued by MSC from time to time that may refer to or incorporate the law of the country of the Carrier, the law of the place where the contract is concluded, another chosen law and/or International Conventions, as well as limit or exclude the liability of MSC and/or the Carrier and limit your legal rights.

 

In the event that a consumer does not understand any of the terms of any document, they are entitled to receive an explanation of such terms upon written request to MSC.
A customer of MSC who is not a consumer for purposes of the CPA will not be entitled to the benefits that are marked as being CPA applicable or to those benefits applicable in law.

 

Nothing contained in these STCs is intended to or must be understood to unlawfully restrict, limit or avoid any rights or obligations in terms of the CPA.

Any words or phrases contained herein shall bear those meanings as contained in the Standard Booking Terms and Conditions ("STCs"). The words or phrases defined in the STCs have been capitalised and utilised throughout this Contract of Carriage, and specific attention must be given to the content of the STCs, which are to be read alongside this Contract of Carriage. Notwithstanding this, in these conditions and if applicable in this Contract of Carriage, the following words or phrases shall bear the following meanings ascribed to them -

 

"LUGGAGE" means any baggage, packages, suitcases, trunks or other personal items belonging to or carried by any Passenger, including cabin luggage, hand luggage and articles worn by or carried on the persons of the Passenger or deposited with the purser for safe custody and/or any other personal effects of the Passenger.

 

The "MASTER" is the Captain or person in charge of the carrying vessel at any given point and commanding of the Cruise ship.

 

"MINOR" means any child under the age of 18 (eighteen) in terms of the South African classification and in terms of the United States of America classification, refers to Passengers under 21 years of age, however, this classification may differ from Port to Port and it is the responsibility of the adult Passenger to determine the specific requirements per scheduled Port.

 

"VESSEL" means the Vessel named in the relevant Passage Contract or any substituted vessel owned or chartered or operated or controlled by the carrier.

2.1 MSC, as the named contractual carrier, agrees to transport the person named in the Cruise Ticket ("the Passenger") on the specific voyage ("the Voyage") on named or substitute vessels.

 

2.2 The Passenger agrees to be bound by all the terms, conditions and limitations of the Passage Contract, as well as all rules, policies, instructions or mandates issued by MSC, the Carrier and/or the Master and/or the performing carrier (where applicable). The Passage Contract, as defined within the STCs, is the contract which the Passenger enters into with MSC, and further includes the terms and conditions and information contained in the STCs, this Contract of Carriage, the Booking Confirmation, the Cruise Ticket, the Guest Conduct Policy, MSC's Official Website, and any other rules, policies, instructions or mandates issued by MSC and/or the Carrier from time to time.

 

2.3 This Contract of Carriage cannot be amended without written and signed consent from MSC or its authorised representative. MSC may, in its sole discretion, amend the Passage Contract and other terms and conditions from time to time, at which time, the new terms and conditions will immediately come into effect in respect of the relationship between MSC and its Passengers. Please refer to MSC's Official Website www.msccruises.co.za for the most up to date terms and conditions or these can be made available upon request to MSC. Unless required in law, it is each Passenger's responsibility (or any person acting on behalf of the Passenger, in any capacity) to periodically check for updates or changes to such terms and conditions.

 

2.4 Subject to the terms of the Passage Contract, the Cruise Ticket issued by MSC is valid only for the Passenger or Passengers for whom it is issued, for the date and Vessel indicated therein or any substitute vessel, and is not transferable.

*Terms and conditions relating to booking changes and cancellations by MSC or the Passenger can be located in the STCs as available on MSC’s Official Website at https://www.msccruises.co.za/terms-conditions and can be made available on request. These terms and conditions are incorporated herein by reference, and form a part of the Passage Contract.

*Terms and conditions relating to the itinerary and the right to change can be located in the STCs as available on MSC’s Official Website at https://www.msccruises.co.za/terms-conditions and can be made available on request. These terms and conditions are incorporated herein by reference, and form a part of the Passage Contract.

*Terms and conditions relating to Passports, Visas and Other Travel Documents can be located in the STCs as available on MSC’s Official Website at https://www.msccruises.co.za/terms-conditions and can be made available on request. These terms and conditions are incorporated herein by reference, and form a part of the Passage Contract.

*Terms and conditions relating the Occupation of Berths and Cabins can be located in the STCs as available on MSC’s Official Website at https://www.msccruises.co.za/terms-conditions and can be made available on request. These terms and conditions are incorporated herein by reference, and form a part of the Passage Contract.

*Terms and conditions relating to Boarding a Cruise and Security, as well as the Passenger's Responsibility can be located in the STCs as available on MSC's Official Website at https://www.msccruises.co.za/terms-conditions and can be made available on request. These terms and conditions are incorporated herein by reference, and form a part of the Passage Contract.

 

7.1 The Passenger must be present at the Port from which the Passenger's Cruise is scheduled to depart at least 3 (three) hours (or as otherwise directed by MSC from time to time), prior to the scheduled time of departure in order to complete any pre- boarding procedures and security inspections.

 

7.2 The Passenger may not, without MSC's prior written consent, take any articles on-board the Cruise which MSC and/or the Carrier, in their sole discretion, believe could endanger the security of the Vessel, Passengers, crew or otherwise, including but not limited to, firearms, ammunition, explosives and/or flammable, toxic or dangerous substances, any illegal goods and any article that can be used as a weapon. MSC, the Carrier, the Master and/or their officers shall have the right to confiscate any articles, in their sole discretion, considered to be dangerous, posing a risk, and/or inconvenience to the security of the Vessel, Passengers, crew or otherwise.

 

7.3 The Passenger may not take on board any beverages or foodstuffs. If possible, any such items (including foodstuffs and beverages which the Passenger purchased at any Port at which the Vessel stops) may be retained by MSC and returned to the Passenger at the end of the Cruise, unless any such foodstuffs/ beverages are perishable, in which event they will be destroyed/discarded, without compensation.

 

7.4 The Passenger is required not to bring onboard the vessel any illegal drugs or other controlled substances (a drug or other substance that is tightly controlled by the government because it may be abused or case addiction) including but not limited to medical marijuana.

 

7.5 The Passenger hereby accepts and agrees that:
7.5.1 MSC, the Carrier, the Master and/or their officers are entitled and have the authority to inspect any person on board, any cabin, Luggage, baggage and belonging for safety, security or other lawful reasons and the Passenger hereby expressly agrees to allow and co-operate with any such search;
7.5.2 illegal drugs, controlled substances and/or prohibited goods may be confiscated and reported to the appropriate authorities;
7.5.3 any attempt to bring illegal drugs, controlled substances and/or prohibited goods onboard may lead to denial of boarding or prevention from boarding or re-boarding the vessel, or may lead to disembarkation.

8.1 Each Passenger is permitted only 1 (one) bag as checked Luggage on cruises of 4 (four) nights and less. 1 (One) bag per person will be accepted free of charge; any additional Luggage will be transported subject to space availability and at a cost of US $25 (twenty five US dollars) per item (converted into USD at the actual exchange rate), or as otherwise stipulated by MSC from time to time, which will be added to the Passenger's onboard account.

 

8.2 On longer cruises, Passengers are encouraged to limit their checked Luggage to 2 (two) items per person. We recommend that Passengers take smaller bags so as not to clutter the cabin area where space is limited.

 

8.3 Carry-on Luggage: Passengers on cruises of 4 (four) nights and less are permitted 1 (one) small carry-on bag each. Carry-on Luggage may not exceed 126cm in combined length; width and height, including any handles and wheels (Length of 56 cm, width of 45 cm, depth of 25 cm).

 

8.4 Passengers are encouraged to limit their checked Luggage to 2 (two) suitcases and 2 (two) pieces of hand Luggage per person, during the positioning and re-positioning cruises, the above guidelines represent the maximum limit allowed per person, provided that, in any case, the maximum amount of Luggage in each cabin does not exceed 100 kg and/or 8 pieces among all passengers in the same cabin. Prams and wheelchairs are permitted, over and above the permitted baggage allowance set out in clauses 8.1, 8.2 and 8.3 above.

 

8.5 When storing Luggage in the Passenger's cabin, the Passenger must ensure that all exits are kept free of any obstacles.

 

8.6 The Passenger's Luggage must be securely and properly packed and distinctly labelled with the Passenger's name and contact details. MSC shall not be liable for any loss, damage or delay in the delivery of any of the Passenger's Luggage, if it is not securely and/or properly packed, and/or labelled.

 

8.7 MSC is not liable for any refund, loss, damage, cost, expense and/or otherwise of the Passenger's Luggage, the contents thereof and/or any other personal effects of the Passenger whilst on-board the Cruise or in the custody or under the control of any Port or any other third-party service provider.

 

8.8 Unless instructed otherwise by the staff on-board a Cruise ship ("Cruise Staff"), the Passenger must not at any time leave the his or her Luggage unattended. If the Passenger does so, the Cruise Staff reserves the right to remove and/or destroy such Luggage, if deemed necessary in its sole discretion.

 

8.9 Unless the Passenger's Cruise schedule provides otherwise, the Passenger must collect their Luggage at the end of the Passenger's Cruise. If the Passenger fails to do so, the Passenger's Luggage will, if possible, be stored by MSC at the Port at which the Passenger's Cruise ended for a maximum period of 30 (thirty) days, after which it will be disposed of. Any proceeds of the disposal of the Passenger's Luggage will be kept by MSC as compensation for storage costs. MSC is not liable for any refund, loss, damage, cost, expense and/or otherwise for Luggage or personal effects that were not collected at the end of the Cruise, irrespective of whether same is stored or not.

 

8.10 The Passenger shall not be liable to pay or receive any general average contribution in respect of Luggage or personal effects or property.

 

8.11 The Carrier has a lien upon and the right to sell by auction or otherwise, without notice to the Passenger, any Luggage or other property belonging to any Passenger in satisfaction of unpaid monies or of any other monies which may in any way have become due by the Passenger to the Carrier and/or to its servants, agents or representatives or as otherwise may be necessary.

 

8.12 In the event of Luggage or personal effects being lost, stolen or damaged, Passengers are required to immediately notify a representative of MSC and complete the requisite documentation in order to start the resolution process.

*Further terms and conditions relating to Minors can be located in the STCs as available on MSC's Official Website at https://www.msccruises.co.za/terms-conditions and can be made available on request. These terms and conditions are incorporated herein by reference, and form a part of the Passage Contract.

 

9.1 Minors must travel accompanied by their parents or legal guardians, or a chaperone or other designated individual ("Responsible Adult"), subject to the requirements set out in this Contract of Carriage and/or elsewhere in the Passage Contract. The Responsible Adult shall be fully responsible for that Minor's conduct and behaviour throughout the duration of the particular Cruise or Holiday Package.

 

9.2 If one of the travelling Minor's parents or legal guardians are not travelling, then a signed authorisation letter, affidavit or as otherwise required, and any other supporting documentation (such as, court order, adoption certificate, death certificate, etc), in accordance with the laws of the country where the Minor resides and in accordance with the laws of the country of each port of call, from the absent parent or legal guardian, as applicable, authorising the Minor to travel must be provided at the moment of Booking, at the time of embarkation and must be available for presentation for the duration of the travels. At all relevant times, the documentation supplied must be original or original certified copies of the original by a commissioner of oaths or the equivalent commissioning authority, should commissioners of oath not be in practice in the country concerned.

 

9.3 If the Minor is travelling with Passengers that are not their parents or their legal guardians, MSC shall require, at the moment of Booking, a document signed by both of the parents or all legal guardians authorising the Minor to travel with a chaperone or other designated individual, and any other supporting documentation (such as, court order), in accordance with the Company's policies, the laws of the country where the Minor resides, and in accordance with the laws of the country of each port of call. This must also be provided at the time of embarkation and be available for presentation for the duration of the travels. At all relevant times, the documentation supplied must be original or original certified copies of the original by a commissioner of oaths or the equivalent commissioning authority, should commissioners of oath not be in practice in the country concerned.

 

9.4 Minors under the age of one (1) year old are permitted on board, save for Cruises which are 11 (eleven) nights or longer in duration. In such instance, the minor is required to be at least one (1) year old at the time of embarkation.

 

9.5 It is recommended that medical advice is sought before Booking for minors up to one (1) years of age. For the avoidance of doubt, the provisions of clause 13 and the requirement of fitness to travel is applicable to all Passengers, including infants.

 

9.6 As a general rule, MSC and/or the Carrier do not allow Minors to stay alone in a cabin without the presence of at least one (1) adult.

 

9.7 Subject to clauses 9.8 and 9.9 below, Minor Passengers can be assigned to a cabin without the presence of an adult, subject to the following conditions:
9.7.1 The Minor Passengers are travelling with only one (1) legal guardian or parent;
9.7.2 The parent or legal guardian must expressly request the Minor Passenger(s) to be assigned in a cabin without the presence of an adult at the time of making the Booking, and must sign a waiver of liability;
9.7.3 The number of Minor Passengers travelling with the parent or legal guardian is between 2 and 4;
9.7.4 The cabin is occupied by either one (1) Minor Passenger aged no less than 12 years old or two (2) Minor Passengers where the oldest is at least 12 years old and the youngest is at least 8 years old;
9.7.5 The presence of more than two (2) Minor Passengers alone in the cabin is not allowed.

 

9.8 For the vessels: MSC Lirica, Armonia, Sinfonia, Opera, Musica, Orchestra, Poesia, Magnifica, Fantasia, Splendida, Preziosa and Divina, the parent or legal guardian and the Minor Passengers will only be accommodated in connecting cabins where the Minor Passengers' cabin's balcony must be locked. For all other vessels, the following conditions apply:
9.8.1 the parent or legal guardian and the Minor Passenger(s) must stay in connecting cabins (where the Minor Passengers' cabin's balcony must be locked) or in interior adjacent cabins; and
9.8.2 the parent or legal guardian will be required to purchase a bracelet to have access to the cabin occupied by the Minor Passenger(s) throughout the Cruise.
For the purpose of this clause 9.8, "adjacent cabins" means two cabins, at least one without a balcony, which have no more than 3 cabins between them, and that pertain to the same assembly station and corridor and "connecting cabins" means cabins that are connected by an internal door.

 

9.9 . For itineraries that include a port in the United States of America, Passengers aged between 18 and 20 years old whose Booking includes a Passenger of 21 years or older are allowed to stay in their own cabin alone without the requirements indicated in clauses 9.7 and 9.8.

 

9.10 Minors may not order or drink alcoholic beverages or participate in gambling activities on board a Cruise ship

 

9.11 At all times when on board a Cruise ship, a Minor must be supervised by the Responsible Adult and may participate in on board activities provided that the Minor is accompanied by the Responsible Adult.

 

9.12 The Responsible Adult shall be liable to MSC for any loss or damage suffered by MSC, including damage to the Cruise ship and/or damage to and/or loss of any furnishings, equipment and/or other property belonging to the Cruise ship, MSC or another person, which loss or damage is caused by the Minor.

 

9.13 The terms relating to Visas, Passports and Other Travel Documents, as contained within the STCs will similarly apply to Minor Passengers, with the requisite changes required by context. The STCs are available on MSC's Official Website at https://www.msccruises.co.za/terms-conditions and can be made available on request.

*Further terms and conditions relating to animals can be located in the STCs as available on MSC's Official Website at https://www.msccruises.co.za/terms-conditions and can be made available on request. These terms and conditions are incorporated herein by reference, and form a part of the Passage Contract.

 

10.1 A Passenger is not permitted to bring any animals and/or pets on board any cruise vessel without the written consent of MSC given at the time of the Cruise Booking. Any such animals or pets brought onboard by the Passenger will be taken into custody and arrangements will be made for the animal to be landed at the next Port of call at the Passenger's sole expense.

 

10.2 Whilst MSC, the Carrier and/or its servants and/ or agents will take such care as is reasonable in all the circumstances in relation to the pet or animal, neither MSC nor Carrier is liable to the Passenger in respect of any refund, loss, damage, cost, expense, injury or death and/or otherwise in respect of the pet or animal whilst in MSC's or the Carrier's possession/custody.

 

10.3 The only exception to the above prohibition is with regard to recognised assistance dogs licensed to Disabled Passengers or Passengers with Reduced Mobility, subject to compliance by the Passenger of the terms of the STCs in this regard, and MSC's agreement and approval thereof. Recognised assistance dogs are subject to and must comply with national and other applicable regulations. The STCs are available on MSC's Official Website at https://www.msccruises.co.za/terms-conditions and can be made available on request.

 

10.4 The Passenger shall have full responsibility for their assistance dog. It is agreed that MSC and/or the Carrier shall not be responsible for damage, loss, injury, death or otherwise suffered by or as a result of an assistance dog.

 

10.5 It is the Passenger's responsibility to have all necessary papers and compliance in order and to check the applicable rules, regulations or otherwise relating to their assistance dog prior to the Cruise or Holiday Package, and to be satisfied that the assistance dog can be carried to all Ports of disembarkation and that the dog is not prohibited from going ashore at the various intermediate ports of call.

*Further terms and conditions relating to Medical Devices, Disabled Passengers and Passengers with Reduced Mobility can be located in the STCs as available on MSC's Official Website at https://www.msccruises.co.za/terms-conditions and can be made available on request. These terms and conditions are incorporated herein by reference, and form a part of the Passage Contract.

 

11.1 The safety and comfort of all Passengers is of paramount importance to MSC and the Carrier. In order to achieve this, each Passenger must at the time of the Booking provide as much detail as possible about their disability or reduced mobility, including any underlying or chronic condition in order for MSC and the Carrier to consider their ability to carry the Passenger in a safe or operationally feasible manner, taking into account any issues relating to the design of the vessel and/or port infrastructure and equipment or otherwise, which may make it impossible to carry out the embarkation, disembarkation, carriage or otherwise of the Disabled Passenger or the Passenger with Reduced Mobility.

 

11.2 At the time of Booking, the Passenger must provide full details, on the following, if the Passenger:
11.2.1 is unwell, infirm, Disabled or has Reduced Mobility, or has any underlying or chronic condition, regardless of whether or not the Passenger believes this to be relevant to the ability of MSC and/or the Carrier to safely carry the Passenger;
11.2.2 requires a special Disabled cabin, since there is a limited number of these available and since MSC would like to, wherever possible, accommodate the Passenger, so that the Passenger is comfortable and safe for the duration of the Cruise;
11.2.3 if the Passenger has any special seating requirements;
11.2.4 if the Passenger needs to bring medical devices or equipment on board; and
11.2.5 if the Passenger needs to bring a recognised assistance dog on board the Vessel (please note that assistance dogs are subject to national and other applicable regulations, and it is agreed that MSC and/or the Carrier shall not be responsible for damage, loss, injury, death or otherwise suffered by or as a result of an assistance dog).

 

11.3 Passengers can submit the requisite information by completing the Special Needs Form on MSC's Official Website, available at: https://www.msccruises.co.za/manage- booking/special-needs.

 

11.4 Where MSC and/or the Carrier consider it necessary for the safety and comfort of the Passenger, and in order for the Passenger to fully enjoy the Cruise, MSC and/or the Carrier may require the Disabled Passenger or the Passenger with Reduced Mobility to be accompanied by another person who is capable of providing the assistance required by the Disabled Passenger or the Passenger with Reduced Mobility. This requirement will be based entirely on MSC's and/or the Carrier's assessment of the needs of the Passenger, and on grounds of safety or operations, and may vary dependent on vessel and/or itinerary.

 

11.5 Passengers confined to a wheelchair will be required to provide their own collapsible wheelchair for the duration of the Holiday Package and may also be requested to be accompanied by another person who is fit and able to assist them. The door width of standard cabins may be limited and may affect the accessibility of larger wheelchairs.

 

11.6 If the Passenger has any particular condition(s), Disability or Reduced Mobility which requires personal care or supervision, such personal care or supervision must be timeously organised by the Passenger, at their own expense prior to embarkation. MSC and/or the Carrier are unable to provide respite services, one-to-one personal care, supervision or any other form of care including for physical or psychiatric or other conditions.

 

11.7 Please be advised that MSC and/or the Carrier do not supply medical devices (including but not limited to, wheelchairs, medical equipment or any medical or mobility assistance devices) onboard any Cruise. The following applies in respect of medical devices:
11.7.1 In the event that a medical device is lost or damaged by the fault or negligence of MSC and/or the Carrier, then it is MSC and/or the Carrier's sole discretion as whether to repair or replace such medical device or equipment;
11.7.2 Unless MSC and/or the Carrier agree otherwise in writing, Passengers are limited to bringing two (2) medical devices on board per cabin, with a total value not exceeding ZAR30,000.00 (thirty thousand Rand);
11.7.3 Medical devices must be capable of being carried safely and must be declared before the Cruise. MSC and/or the Carrier may decline to carry any such medical devices or equipment where it is not safe to do so or where it has not been notified in time to enable a risk assessment to be carried out;
11.7.4 It is the responsibility of the Passenger to arrange delivery of all medical devices to the port prior to departure and to notify MSC prior to Booking if they require medical devices on board, in order for MSC and/or the Carrier to ensure that the medical devices can be carried safely;
11.7.5 Passengers must contact the manufacturer or supplier to ensure that any medical device or equipment can be safely carried;
11.7.6 It is the Passenger's responsibility to ensure that medical devices are in good, working order and to ensure that the medical device and any supplies attributable thereto are sufficient for the duration of the Cruise, as the vessel does not carry any replacement, and access to shore side care and equipment may be restricted and costly. The Passenger is responsible for any costs involved in replacing or repairing their personal medical equipment;
11.7.7 Passengers must be able to operate all equipment, unless they are accompanied by another person who is capable of operating same.

 

11.8 MSC may request a medical specialist or practitioner's written confirmation declaring that a Passenger is fit to travel prior to agreeing or allowing a Passenger to embark the vessel.

 

11.9 If after assessment of the specific requirements of the Disabled Passenger or Passenger with Reduced Mobility, MSC and/or the Carrier conclude that the Passenger cannot be carried safely and in accordance with applicable safety requirements, MSC can refuse to accept a Booking or deny the embarkation of the Disabled Passenger or Passenger with Reduced Mobility.

 

11.10 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 they will require special care or assistance as detailed above, the Passenger is required to inform MSC immediately so that MSC and the Carrier can make an informed assessment whether or not the Passenger can be carried in a safe or operationally feasible manner.

 

11.11 MSC reserves the right to refuse to carry any Passenger who in the opinion of MSC 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.

 

11.12 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.

 

11.13 MSC and/or the Carrier use tender boats or similar crafts for transporting Passengers to and from the vessel for excursions, when the vessel anchored offshore rather than alongside as well as for other instances. All transport, convey, travel or otherwise by way of tender or any similar craft may not be suitable for persons with Disabilities or Reduced Mobility or balance problems. Further terms relating to tender boats or similar crafts are available in the STCs. The STCs are available on MSC's Official Website at https://www.msccruises.co.za/terms-conditions and can be made available on request.

 

11.14 MSC and/or the Carrier reserve the right to refuse to carry any Passenger who has failed to timeously notify MSC and/or the Carrier of any Disability or Reduced Mobility, who has failed to comply with the safety and other conditions imposed by MSC and/or the Carrier relating to the safety of carriage, and/or who, in the sole opinion of MSC and/or the Carrier, is unfit for travel or whose Disability or Reduced Mobility may constitute a danger to themselves or any other Passenger. Any cancellation stemming from the operation of these clauses will be dealt with by MSC in accordance with the terms of the STCs relating to booking cancellations by the Passenger, with due consideration to the prevailing circumstances at the time of the cancellation. If the Passenger does not agree with the decision of MSC under aforegoing these clauses, then the Passenger must provide a complaint in writing with all supporting evidence to MSC. The STCs are available on MSC's Official Website at https://www.msccruises.co.za/terms-conditions and can be made available on request.

*Further terms and conditions relating to Medical Assistance can be located in the STCs as available on MSC's Official Website at https://www.msccruises.co.za/terms-conditions and can be made available on request. These terms and conditions are incorporated herein by reference, and form a part of the Passage Contract.

 

12.1 Passengers are strongly recommended to have comprehensive travel health insurance covering medical treatment and repatriation costs and expenses (if not already covered by the insurance referred to in the STCs) and to make any additional provision in the event of requiring medical treatment and repatriation costs and expenses. The STCs are available on MSC's Official Website at https://www.msccruises.co.za/terms-conditions and can be made available on request.

 

12.2 In compliance with the applicable International EU, Flag State, local laws or other applicable laws, there is a qualified doctor onboard and a medical centre equipped to deal with general emergencies and management of most common medical conditions. The Passenger hereby agrees, at the time of Booking, that the medical centre does not have equivalent resources to as a land-based hospital, nor are there specialist medical staff or specialist medical services. Neither MSC, nor the Carrier, nor the doctor onboard shall be liable to the Passenger as a result of any inability to treat any medical condition as a result.

 

12.3 The Passenger agrees 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.

 

12.4 The onboard 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.

 

12.5 In the event of illness or accident, Passengers may have to be evacuated or landed ashore for medical treatment by MSC, the Carrier and/or the Master or admission to a healthcare facility. MSC and/or the Carrier may recommend or nominate a service provider to render any emergency, logistical and/or health/medical assistance. MSC and/or the Carrier can provide details of the service provider and the services supplied, as well as the terms and conditions relating to such service upon request to MSC. MSC and/or the Carrier will be required to share all relevant medical, logistical and other relevant information at their disposal for the services, and will reasonably ensure that the medical information shared is accurate and up-to-date, subject to the reasonable co-operation and information supplied by the Passenger (or their emergency contact or other authorised representative). In using the services of the service provider, the Passenger will be bound by:
12.5.1 the service provider's own terms and conditions, which shall be supplied upon request;
12.5.2 where applicable, the terms of any memorandum of understanding concluded between MSC and the service provider; and
12.5.3 any such additional or specific terms and conditions applicable to the services;
which the Passenger agrees to be bound by. Such terms and conditions are available on request from MSC, and must be read and taken note of, including, any exclusions and/or limitations of liability, indemnifications or any other special terms or conditions that apply, or which may exist by contract or by application of any incorporated International Conventions and/or local legislation or regulations applicable where the services are provided.

 

12.6 Those terms relating to the liability of third party service providers, as contained within the STCs, will similarly apply, as the context allows, in the case of service providers providing any emergency, logistical and/or health / medical assistance. The STCs are available on MSC's Official Website at https://www.msccruises.co.za/terms-conditions and can be made available on request.

 

12.7 Neither the Carrier nor MSC make any representation or accept any responsibility regarding any logistical, medical, or otherwise 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.

 

12.8 Limited medical services for minor medical conditions are available on board the Vessel. The doctors on board the Vessel, their nurses and assistants are independent contractors for whose actions or omissions MSC and/or the Carrier have no liability whatsoever, including for any negligence. MSC and/or the Carrier shall not be liable for any refund, action, omission, default, damage, loss, injury, death or otherwise suffered as a result of these independent contractors.

* Further terms and conditions relating to the Fitness to Travel and pregnant passengers can be located in the STCs as available on MSC's Official Website at https://www.msccruises.co.za/terms-conditions and can be made available on request. These terms and conditions are incorporated herein by reference, and form a part of the Passage Contract.

 

13.1 The safety of all Passengers is of paramount importance to MSC; 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, including those established by international EU, Flag State, national and other applicable law. This warranty of fitness to travel extends to any underlying and/or chronic conditions which may affect the Passenger.

 

13.2 Any Passenger with a condition that may affect their fitness to travel (including any underlying and/or chronic condition), taking into account (amongst other things) the specific itinerary, must inform MSC at the time of Booking and submit a doctor's certificate prior to Booking. In any case, MSC and/or the Carrier, at their own discretion, have the right to request that the Passenger produce medical certificates supporting the fitness to travel.

 

13.3 If it appears to the Carrier, the Master or the vessel'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, MSC and/or the Carrier shall have the right to refuse to embark the Passenger at any port or at all, or disembark the Passenger at any port, or transfer the Passenger to another berth or cabin.

 

13.4 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 any refunds, loss, damages, costs or expenses and/or otherwise. Any non-participation as a result of this will be regarded as a cancellation by the Passenger in terms of the STCs. The STCs are available on MSC's Official Website at https://www.msccruises.co.za/terms-conditions and can be made available on request.

 

13.5 The Passenger is solely responsible for ensuring that they have received all of the necessary inoculations required for travel prior to the Cruise, and in the manner and timeframe generally accepted as appropriate by a medical practitioner and/or any governmental, regulatory and/or guiding authority within the medical field.

 

13.6 The medical practitioner on duty on board the Cruise ship shall be allowed to administer first aid and any drug/medicine and/or 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 medical practitioner and is supported by the Master's authority. If the Passenger refuses to cooperate with themedical practitioner and/or Master, MSC may require the Passenger to leave the Cruise ship at the next Port at which the Cruise ship stops. In such instances, neither MSC nor the Carrier has any liability to the Passenger any refunds, loss, damages, costs or expenses and/or otherwise. Any non- participation as a result of this will be regarded as a cancellation by the Passenger in terms of the STCs. The STCs are available on MSC's Official Website at https://www.msccruises.co.za/terms- conditions and can be made available on request.

 

13.7 The vessel does not have specialist obstetric and/or neonatal care on board. MSC cannot accept the Booking and the Carrier cannot carry any Passenger who will be more than 23 weeks and 6 days pregnant at any point during their Holiday Package (even where the Passenger supplies a medical certificate confirming their fitness to travel).

 

13.8 A Passenger who is pregnant is advised to seek medical advice before travelling, and is obliged to inform MSC at the time of Booking (or as soon as reasonably possible thereafter) of their pregnancy and where they are permitted to travel, they must inform the onboard doctor upon embarking the vessel.

 

13.9 Any Passenger who will be pregnant and travelling at any stage of pregnancy prior to the 23 weeks and 6 days' limit must provide MSC with a medical certificate from a an obstetrician / gynaecologist medical practitioner, confirming an intrauterine pregnancy and their fitness to travel on board the vessel, taking into account the specific itinerary, as well as the expected date of delivery as confirmed by an ultrasound. Failure to provide MSC with the aforementioned documentation will result in a cancellation in accordance with the terms of the STCs. The STCs are available on MSC's Official Website at https://www.msccruises.co.za/terms-conditions and can be made available on request.

 

13.10 Without any liability, MSC, the Carrier and/or the Master expressly reserve the right to refuse embarkation to any Passenger who fails to submit the aforementioned documentation or who, in MSC, the Carrier, the Master and/or the onboard doctor's sole discretion appears to be above the 23 weeks and 6 days' limit for travel, or will not be safe or will be at risk during the Cruise voyage. Any non-participation as a result of this will be regarded as a cancellation by the Passenger in accordance with the terms of the STCs. The STCs are available on MSC's Official Website at https://www.msccruises.co.za/terms-conditions and can be made available on request.

 

13.11 MSC 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. In addition to any health and safety measures that MSC and/or the Carrier may adopt, the Passenger shall supply accurate information regarding symptoms of any illness including but not limited to gastrointestinal illness, H1N1 and COVID-19. MSC and/or the Carrier may deny embarkation to any Passenger that they consider in their sole discretion to have symptoms of any illness, including viral or bacterial illnesses, including but not limited to Norovirus, H1N1 and COVID-19. Refusal by a Passenger to complete the questionnaire may result in denied embarkation, which will be regarded as a cancellation by the Passenger in accordance with the terms of the STCs. The STCs are available on MSC's Official Website at https://www.msccruises.co.za/terms-conditions and can be made available on request.

 

13.12 Where Passengers become ill during the Cruise with communicable illness, MSC and/or the Carrier have the right to implement any public health control measures. The onboard doctor may require the Passenger to remain in their cabin in line with protocols such as those of the World Health Organisation and other health authorities.

14.1 The Passenger may purchase alcoholic beverages on board the Cruise ship at the fixed prices advertised on board for such sales, in such currency as may be designated. Subject to the liquor laws and regulations that apply whilst the Vessel is within any Port or restricted area, it may not be possible for such beverages to be sold until the Vessel has cleared Customs, or such Port or restricted area.

 

14.2 MSC shall not sell any alcoholic beverage to a Minor during the Cruise. If the Cruise ship stops at a Port located in the U.S.A (or another Port having similar laws), the same conditions will apply for any passengers under the age of 21 (twenty one) years.

 

14.3 MSC may refuse to serve the Passenger an alcoholic beverage if in MSC's opinion, the Passenger may be a danger, risk and/or nuisance to themselves and/or to other Passengers and/or crew members and/or the Vessel.

 

14.4 Passengers are not permitted to bring onboard any alcoholic beverage for use or otherwise during the Voyage, whether for consumption in their own cabins or otherwise. MSC and/or the Carrier and/or their servants and/or agents may confiscate alcoholic beverages brought onboard by Passengers without compensation.

 

14.5 Passengers agree that they shall at all times monitor and control their own alcohol consumption so as to avoid any scenario where their judgment or physical co-ordination may be impacted or reduced. MSC and the Carrier sell and allow Passengers to purchase and consume alcohol on the basis of the representations contained herein.

15.1 The Passenger may not smoke when entering or exiting the Cruise ship, on any balconies or in any public or private areas other than the designated smoking areas located throughout the Cruise ship.

 

15.2 Passengers are not permitted to smoke in the Passenger’s cabin because of the risk of fire. Smoking on cabin balconies is also not allowed. Smoking is only permitted in designated smoking areas.

 

15.3 Throwing cigarettes, cigarette butts, vaping devices and/or any other tobacco, nicotine or smoking or vaping paraphernalia over the side of the Cruise ship is prohibited.

 

15.4 MSC’s smoking policy applies to all forms of tobacco, nicotine and/or vaping devices, without limitation.

*Further terms and conditions relating to the Conduct of the Passenger and the Passenger's Responsibility can be located in the STCs as available on MSC's Official Website at https://www.msccruises.co.za/terms-conditions and can be made available on request. These terms and conditions are incorporated herein by reference, and form a part of the Passage Contract.

 

16.1 Passengers must comply with the Guest Conduct Policy, which can be located on MSC's Official Website at https://www.msccruises.co.za/-/media/zaf/policy/guest- conduct-policy.pdf and can be made available upon request.

 

16.2 MSC may refuse to allow the Passenger to board the Cruise ship if in the opinion and sole discretion of MSC, the Carrier and/or the Master, the Passenger's conduct may endanger the Passenger's safety and/or security, or the safety and security of others on board the Cruise ship or negatively affect the enjoyment of the Cruise for any person.

 

16.3 For the Passenger's own safety and the safety of others, the Passenger must pay attention to and comply with all reasonable rules, policies, instructions, mandates and/or otherwise of MSC, the Carrier, the Master and/or the vessel regarding the safety of the Cruise ship and Passengers, the Port facilities and the requirements rules, policies, instructions, mandates and/or otherwise of any Port authorities.

 

16.4 If the Passenger causes any damage, lossand/or otherwiseto the Cruise ship and/or any damage, loss and/or otherwise of any furnishings, equipment and other property belonging to the Cruise ship, MSC, the Carrier and/or other Passengers, the Passenger will beliable to reimburse MSC, the Carrier and/or other Passengers for such damage and/or loss.

 

16.5 Passengers' behaviour must not affect, reduce and/or otherwise inconvenience the safety, peace and enjoyment of the Cruise/ Holiday Package by other Passengers.

 

16.6 Passengers shall be liable for any damage suffered by MSC 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 their contractual obligations. In particular, the Passenger shall be liable for all damages, loss or otherwise caused to MSC, the Carrier and/or the Vessel, including but not limited 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 to the conduct of the Passenger that MSC, the Carrier or supplier may be liable to pay.

 

16.7 MSC reserves the right to reject of cancel a Booking (irrespective of the stage or advancement thereof), without liability, made by or on behalf of a former Passenger who, during a previous Holiday Package, engagement or otherwise with MSC:
16.7.1 behaved dangerously for their safety and/or the one of other Passengers, crew members or any other person;
16.7.2 damaged and/or endangered MSC's assets or the assets/belongings of any other person;
16.7.3 did not resolve outstanding debts with MSC; and/or
16.7.4 violated the Guest Conduct Policy, Passage Contract and/or any reasonable rules, policies, instructions, mandates and/or otherwise of MSC, the Carrier, the Master and/or the Vessel.

 

16.8 MSC reserves the right to reject or cancel a Booking (irrespective of the stage or advancement), without liability, made by or behalf of any Passenger who, as a result of the Passenger screening process, is included in any applicable sex offender registry or list.

* Further terms and conditions relating to Unavoidable and/or Extraordinary Circumstances can be located in the STCs as available on MSC’s Official Website at https://www.msccruises.co.za/terms-conditions and can be made available on request. These terms and conditions are incorporated herein by reference, and form a part of the Passage Contract.

 

Save as otherwise set out in the STCs or elsewhere in the Passage Contract, MSC and/or the Carrier shall not be liable for any refund, loss, damage, cost, expense, injury, death, damage, delay, or inability to perform and/or for any change to any Cruise / Holiday Package or any other loss of whatsoever nature directly or indirectly arising from any Unavoidable and/or Extraordinary Circumstance and/or any other factors which may be beyond the Carrier, MSC or the Master’s control. 

18.1 Where in terms of the provisions of The International Convention relating to the Carriage of Passengers and their Luggage by Sea, adopted in Athens on 13 December 1974 ("the Athens Convention 1974"), and/ or in terms of the provisions of EU Regulation 392/2009 or the Athens Convention 2002, neither those Conventions nor that Regulation for any reason apply to the carriage covered by this Contract of Carriage, then the following provisions as to liability shall apply in all respects, to the exclusion of any provisions of the Athens Convention 1974 and/or any or the Protocols thereto. The provisions of the Athens Convention 1974 and, where applicable, EU Regulation 392/2009 or then Athens Convention 2002 arehereby expressly incorporated into this Contract of Carriage.

 

18.2 Subject to the other provisions of this clause, MSC and/or the Carrier is not liable for any death, injury, illness, loss, damage, refunds, costs, expenses and/or otherwise caused by the acts and/or omissions of any third party service provider. Further terms and conditions related to the liability of MSC and/or the Carrier in respect of the acts and/or omissions of third party service providers can be located in the STCs as available on MSC's Official Website at https://www.msccruises.co.za/terms-conditions and can be made available on request. These terms and conditions are incorporated herein by reference, and form a part of the Passage Contract.

 

18.3 Subject to clause 18.4, any liability (if any) which MSC and/or may have to the Passenger or to their dependents, executors or assigns, for death or personal injury is limited to a maximum of R500 000.00 (Five Hundred Thousand Rand) in respect of each incident or event.
18.4 Subject to clause 18.3, MSC and/or the Carrier is only liable for the Passenger's death, injury or illness if caused by a negligent or intentional and unlawful act or omission of MSC, its employees and/or agents. If the Passenger has contributed to such death, injury or illness, MSC's liability shall be reduced accordingly, or as otherwise stipulated by law.

 

18.5 Subject to the remaining terms of the Passage Contract, the liability of MSC and/or the Carrier for loss of or damage to Passenger's Luggage or other property shall not exceed R10,000 (Ten Thousand Rand) per Passenger. It is agreed that such liability of MSC and/or the Carrier shall be subject to a deductible of R160.00 (One Hundred and Sixty Rand) per Passenger, such sum to be deducted from the loss or damage to Luggage or other property. MSC shall not at any time be liable for money or valuables. Passengers must not pack money or other valuables in their Luggage.

 

18.6 It shall be presumed that MSC and/or 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 (15) fifteen days from the disembarkation or delivery or of the date that such delivery should have taken place.

 

18.7 Save as otherwise set out in the Passage Contract, MSC and/or the Carrier is not liable for any refund, loss, damage, cost, expense, injury, death, illness, delay and/or otherwise which the Passenger may suffer as a consequence of:
18.7.1 The Passenger's own conduct or the conduct of other passengers on board the Cruise ship;
18.7.2 The conduct of other third party;
18.7.3 The unforeseeable or unavoidable act or omission of a third party unconnected with the supply of any service under the Passage Contract; and/or
18.7.4 Any unforeseeable and unavoidable event or any Unavoidable and/or Extraordinary Circumstances.

 

18.8 The Carrier 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, mobile phones 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 the declared value protection. Use of the Ship's safe is not a deposit with the Ship.

 

18.9 Any liability which MSC may have to the Passenger and which is not specified, limited or excluded by the provisions of this clause, is limited to a maximum of twice the cost of the Cruise Fare, which the affected Passenger paid for their Cruise.

 

18.10 The Carrier and Passenger agree not to demand any security from the other in connection with a claim of any kind. The Passenger waives the right to arrest or attach the Cruise ship or to arrest or attach any other asset owned, chartered or operated by the Carrier or MSC. If the Cruise ship is arrested or attached, then MSC and the Carrier shall have the right to any limitation and all defences available to MSC and the Carrier.

 

18.11 In addition to the restrictions and exemptions from the liability provided in this Contract of Carriage, MSC and/or 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 MSC or the Carrier). Nothing in this Contract of Carriage is intended to operate to limit or deprive MSC or the Carrier of any such statutory or otherwise limitation or exoneration or liability. MSC and/or the Carrier and their respective servants and/or agents shall have the full benefit of all such provisions relating to the limitation of liability. In the event of multiple statutes, laws or conventions being applicable, the Carrier shall be entitled to invoke any and all such limitations, unless there is a conflict, in which case MSC or the Carrier shall be entitled to invoke the limitation which provides the most favourable limitation to MSC or the Carrier, as the case may be.

 

18.12 Notwithstanding anything to the contrary elsewhere in the Passage Contract, MSC and/or the Carrier shall not in any circumstances 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 any nature whatsoever.

19.1 Where the provisions of the Athens Convention and/or EU Regulation 392/2009 do apply to the carriage covered by this Contract of Carriage, then the following provisions as to liability shall apply. The Athens Convention, as subsequently amended in 1976, and as incorporated with effect from 1 January 2013 by EU Regulation 392/2009 Concerning the Rights of Passengers when travelling by sea in the event of Accidents (EU Regulation 392/2009), shall apply to international carriage by sea where the port of embarkation or disembarkation is in the EU or where the vessel has an EU flag or where the Contract of Carriage is made in the EU.

 

19.2 The provisions of the Athens Convention and, where applicable, EU Regulation 392/2009 are hereby expressly incorporated into this Contract of Carriage. Copies of the Athens Convention and EU Regulation 392/2009 are available on request. Copies of the Athens Convention and EU Regulation 392/2009 can be downloaded from the following links: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/2724/annex-b-reg-ec-392-2009.pdf and www.imo.org.

 

19.3 If the carriage provided hereunder is not “international carriage” as defined in Article 2 of EU Regulation 392/2009, or where a vessel is being used as floating accommodation, then the provisions of the Athens Convention 1974 and the limits therein will apply (subject to the remaining provisions relating to the applicability of the Athens Convention 1974, as contained therein) and are hereby expressly incorporated into this Contract of Carriage mutatis mutandis, including for any claims for loss or damage to Luggage and/or death and/or personal injury and/or illness.

 

19.4 The Carrier shall be entitled to the benefit of all the limitations, rights and immunities provided by the Athens Convention and, where applicable, EU Regulation 392/2009 including the full deductible under Article 8(4) of the Athens Convention.

 

19.5 The level of damages MSC 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, the Athens Convention 1974.

 

19.6 The liability of the Carrier for death, personal injury or illness to the Passenger shall not exceed 46.666 Special Drawing Rights (“SDR”) as provided and defined in the Athens Convention or, where applicable, the maximum sum of 400,000 SDR (Four Hundred Thousand SDR) pursuant to EU Regulation 392/2009 or the Athens Convention 2002 and, where there is liability for war and terrorism under EU Regulation 392/2009 or the Athens Convention 2002, 250,000 SDR (Two Hundred and Fifty Thousand SDR).

 

19.7 Liability of the Carrier and/or MSC for loss of or damage to Passenger’s Luggage or other property or personal effects shall not exceed 833 SDR (Eight Hundred and Thirty Three SDR) per Passenger under the Athens Convention 1974 or 2,250 SDR (Two Thousand, Two Hundred and Fifty SDR) where EU Regulation 392/2009 or the Athens Convention 2002 applies. It is agreed that such liability of the Carrier shall be subject to applicable deductibles per Passenger, such sum to be deducted from the loss or damage to Luggage or other property or personal effects.

 

19.8 The Passenger understands that the conversion rate of SDR’s fluctuates daily and may be obtained from a bank or Internet. The value of an SDR can be calculated by visiting http://coinmill.com/SDR_calculator.html.

 

19.9 MSC and/or the Carrier will only be liable in relation to death and/or personal injury and/or loss of or damage to Luggage in the event that the Carrier and/or its servants or agents are guilty of “fault or neglect”, as required by Article 3 of the Athens Convention, or where there is liability for a shipping incident, where EU Regulation 392/2009 applies. The limits of liability under the terms of the Athens Convention shall be applicable to the Carrier’s servants and/or agents and/or Independent Contractors in accordance with Article 11 of the Athens Convention. Any damages payable by the Carrier shall be reduced in proportion to any contributory fault or negligence by the Passenger as provided in Article 6 of the Athens Convention.

 

19.10 It is presumed under the Athens Convention 1976 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 15 (fifteen) days from the disembarkation or delivery or of the date that such delivery should have taken place.

 

19.11 The Carrier 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 (One Thousand Two Hundred SDR) under the Athens Convention 1974 or 3,375SDR (Three Thousand Three Hundred and Seventy Five SDR) where EU Regulation 392/2009 or the Athens Convention 2002 applies.

 

19.12 In addition to the restrictions and exemptions from liability as contained in this Contract of Carriage, MSC 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 this Contract of Carriage is intended to operate to limit or deprive MSC and/or the Carrier of any such statutory or otherwise limitation or exoneration or liability. The servant and/or agents of the Carrier shall have the full benefit of all such provisions relating to the limitation of liability. In the event of multiple statutes, laws or conventions being applicable, MSC and/or the Carrier shall be entitled to invoke any and all such limitations, unless there is a conflict, in which case the Carrier shall be entitled to invoke the limitation which provides the most favourable limitation to the Carrier.

 

19.13 Without prejudice to the provisions of this clause, if any claim is brought against MSC and/or the Carrier in any jurisdiction where the applicable exemptions and limitations incorporated in this Contract of Carriage are held to be legally unenforceable then the Carrier shall not be liable for death, injury, illness, damage, delay or any other loss or detriment of whatsoever nature to any person or property arising out of any cause of whatsoever nature which has not been shown to have been caused by the Carrier’s own negligence or fault.

 

19.14 If any provision of this Contract of Carriage is rendered null and void by the Athens Conventions or EU Regulation 392/2009, such invalidity shall be limited to that particular clause and not to the Contract of Carriage.

 

19.15 The Carrier and Passenger agree not to demand any security from the other in connection with a claim of any kind. The Passenger waives the right to arrest the Cruise ship or to attach any other asset owned, chartered or operated by MSC and/or the Carrier. If the Cruise ship is arrested or attached, then MSC and/or the Carrier shall have the right to any limitation and all defences available herein.

 

19.16 MSC’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 the Company shall be reduced in proportion to any contributory negligence by the Passenger.

 

19.17 Notwithstanding anything to the contrary elsewhere in the Passage Contract, MSC and/or the Carrier shall not in any circumstances 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 any nature whatsoever. 

*Further terms and conditions relating to Carriage by Third Parties and/or the Liability of MSC and/or the Carrier in respect of acts and/or omissions of third parties can be located in the STCs as available on MSC's Official Website at https://www.msccruises.co.za/terms-conditions and can be made available on request. These terms and conditions are incorporated herein by reference, and form a part of the Passage Contract.

 

20.1 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 this Contract of Carriage 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 MSC.

 

20.2 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 maybe applicable to a Contract for a Cruise between the Company and a Passenger) are expressly incorporated into this Contract of Carriage. The International Air Conventions fix limitations of liability of the Carrier for death and personal injury, loss of and damage to Luggage and delay. Any liability of MSC 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.

 

20.3 Insofar as MSC 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, 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 this Contract of Carriage or Passage Contract 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.

 

20.4 Such carriage may also be subject to various EU directives, regulations of other member states of the European Union, incorporated International Conventions and/or local legislation or regulations and/or as otherwise applicable to such carriage.

21.1 No compensation is payable by MSC or the Carrier to any Passenger for any emotional distress, mental anguish and/ or psychological injury of any kind save where legally recoverable against MSC or the Carrier, as a result of any injury caused by fault or neglect of MSC or the Carrier. MSC and/or the Carrier shall not in any circumstances 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 any nature whatsoever.

 

21.2 MSC and/or the Carrier are, under no circumstances, liable for the payment of compensation whatsoever for any disappointment experienced by a Passenger or a Passenger’s frustration or anticipation of a Cruise, excursion, Port of call or anything as otherwise advertised, which does not occur or at which the Vessel does not call, for any reason whatsoever and howsoever arising. Further terms relating to MSC’s Compensation Policy can be located in the STCs as available on MSC’s Official Website at https://www.msccruises.co.za/terms-conditions and can be made available on request. These terms and conditions are incorporated herein by reference, and form a part of the Passage Contract.

* Further terms and conditions relating to Shore Excursions can be located in the STCs as available on MSC’s Official Website at https://www.msccruises.co.za/terms-conditions and can be made available on request. These terms and conditions are incorporated herein by reference, and form a part of the Passage Contract.

*Further terms and conditions relating to Complaints can be located in the STCs as available on MSC’s Official Website at https://www.msccruises.co.za/terms-conditions and can be made available on request. These terms and conditions are incorporated herein by reference, and form a part of the Passage Contract.

24.1 Save as required by law, MSC and/or the Carrier shall not be held liable whatsoever in respect of any claim arising from an accident/incident which was not reported by the Passenger to the Master whilst onboard the Vessel.

 

24.2 Notices of claim for death, illness, or personal injury, shall be given in writing with full particulars, to MSC, the Carrier and/or the Cruise ship (as may be applicable). Such notices shall be sent by email to: CLAIMS DEPARTMENT, MSC Cruises, at: customercare@msccruises.co.za.

 

24.3 If no such notice is given and/or received at the aforesaid address such claim shall be unenforceable.

 

24.4 Where applicable, complaints under EU Regulation 1177/2010 concerning accessibility, cancellation or delays must be made to MSC within two (2) months from the date the service was performed. The Carrier and/or MSC shall respond within reasonable time, and the Passenger shall provide such further information as may be required by MSC to address the complaint.

25.1 All claims against MSC, the Carrier or the Cruise ship for death, illness, or personal injury to a Passenger or for loss or damage to Luggage or other property shall be time barred as follows:

 

(a) Where the Athens Convention is applicable, claims shall be time barred after two (2) years from the date of disembarkation as provided by Article 16 of the Athens Convention and/or where applicable EU Regulation 392/2009.

(b) All other actions, including any claim based on an alleged delict/ tort or breach of contract, against the Carrier and/or the Vessel, shall be time-barred in accordance with the laws of the Republic of South Africa.

26.1. Insofar as it may be applicable, these Conditions of Carriage shall be governed by the law of the Republic of South Africa.

It is agreed by the Passenger that any claim advanced under this Contract of Carriage will be subject to the non-exclusive jurisdiction of the High Court of South Africa, Gauteng Division, Johannesburg. 

Kindly refer to the General provisions within the STCs, which shall apply mutatis mutandis to this Contract of Carriage.