terms and conditions
These are the Terms and Conditions, which apply to your holiday package. Please read them carefully as you be bound by them.
- “Booking” means the steps taken by the Passenger to enter into a Contract with the Company.
- “Booking Terms & Conditions” means these terms and conditions and the information contained in the relevant Company’s brochure, the Official Website and/or other information which will form the express terms of your Contract with the Company.
- “Carrier” means the entity who has undertaken the obligation to carry the Passenger from one place to the other as indicated in the Cruise ticket, airline ticket or other ticket issued for any other applicable transport and is thereby indicated on such documents as “carrier”. Carrier includes the owner and or charterer and or operator and or manager and their servants and or agents.
- “Company” means MSC Cruises Limited. whose registered address is 5 Roundwood Avenue, Stockley Park, Uxbridge UB11 1AF who organises Holiday Packages and sells or offers them for sale, whether directly or through a Sales Agent.
- “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 Holiday Package which is evidenced by the issue of the confirmation invoice sent by the Company or its Sales Agent to the Passenger.
- “Cruise” means the transport by sea and the stay onboard a 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 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.
- “Grand Tour” means the combination of two or more Cruises prearranged by the Company and offered for sale as a single Holiday Package. For any relevant purposes, the Grand 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 Grand Tour unless otherwise stated. References to price are references to the total price paid for the Grand 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 inclusive Holiday Package price.
- “Official Website” means the set of related web pages, documents and hypertext links served from the web domain https://www.msccruises.co.uk/en-gb/Homepage.aspx?utm_source=bing&utm_medium=cpc&utm_campaign=b_brand.
- “Passenger” means each and every person, including minors, named either on the Booking confirmation or on the invoice or on a ticket issued by the Company.
- “Sales Agent” means the person or travel agency that sells or offers for sale the Holiday Package put together by the Company, on its own or on behalf of the Company.
- “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 the Company onboard its vessels.
- “World Cruise” means the tour of the world prearranged by the Company and offered for sale as a single Holiday Package. For any relevant purposes, the World Cruise shall always be considered as a single and indivisible Holiday Package. All terms and references to a Cruise and or Holiday Package shall include and be equally applicable to a World Cruise unless otherwise stated. References to price are references to the total price paid for the World Cruise.
1. Booking Procedure and Deposit
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 A non-refundable deposit of £100 per person (European cruises) and £250 per person (outside Europe - including for infants up to 2 years) is due and payable by the Passenger at the time of Booking. For the World Cruise, a non-refundable deposit equal to 15% of the price of the Package is due and payable by the Passenger within the first week starting from the date of the booking confirmation.
1.4 A Booking will be completed and the Contract will be effective only when the Company accepts the Booking by sending a confirmation invoice to the Passenger or to the Passenger’s Sales Agent.
2.1 Every Holiday Package is subject to availability at the time of Booking. No Contract shall be made until the deposit or the full amount (according to the present Booking Terms & Conditions) is paid and the confirmation invoice provided to the Passenger.
2.2 Full payment is required no later than 63 days prior to departure (93 days for cruises of 15 nights or more, 120 days for MSC World Cruise 2020).
2.3 If the Booking application is made within 63 days prior to departure (93 days for cruises of 15 nights or more, 120 days for MSC World Cruise 2020), then full payment must be sent at the time of Booking.
2.4 If any Passenger fails to pay the balance 63 days prior to departure (93 days for cruises of 15 nights or more, 120 days for MSC World Cruise 2020), the Company has the right to cancel the Booking without notice and levy cancellation charges
3. Prices and Price Guarantee
3.1 No change to the Holiday Package price will be made within the 20-day period before departure or once full payment has been received by the Company.
3.2 The Company reserves the right to modify the Contract price at all times prior to those detailed in 3.1 above to allow variations for:
a) Air transportation costs;
b) Fuel costs for the propulsion of the vessel;
c) Dues, taxes or fees chargeable for services such as embarkation or disembarkation fees at ports or airports.
d) the exchange rates relevant to the Holiday Package.
Variations may be upwards or downwards. For paragraph a) any variation of the Holiday Package price will be equal to the extra amount charged by the airline. For paragraph b) any variation of the Holiday Package price will be equal to 0.33% of the price of the Cruise for every dollar of increase of the fuel per barrel (NYMEX Index). For paragraph c) any variation of the Holiday Package price will be equal to the full amount of the fees.
3.3 If the increase in the Holiday Package price amounts to more than 8% of the total Holiday Package price at the time of Booking, the Passenger will be entitled to cancel the Contract with a full refund of the Holiday Package price within the limits and to the extent of the amount effectively paid by the Passenger at the time of cancellation. Such right of refund does not include insurance premiums paid which are in no case refundable.
3..4 To exercise the right to cancel the Passenger must
5. Passport, Visas and Travel Advice
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.
6. Fitness to Travel Pregnancy, Medical Facilities
6.1 The safety of all Passengers is of paramount importance to the Company, hence all Passengers warrant that they are fit to travel by sea (and if applicable by air) and that their conduct or condition will not impair the safety or convenience of the vessel or aircraft and the other Passengers, and that they can be carried safely in accordance with applicable safety requirements established by International EU or national law.
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, the Company 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 The Company and/or the Carriers do not have on board any of the cruise vessels adequate medical facilities or equipment for childbirth. 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 The Company and the Carrier expressly reserve the right to refuse boarding rights to any Passenger who appears to be in any advanced state of pregnancy or who does not provide the medical certificate according to clause 6.4 above and shall have no liability in respect of such refusal.
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, the Company 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 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 the Company nor the Carrier has any liability to the Passenger.
7. Disabled Passengers and Passengers with Reduced Mobility and Tender Safety
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 the Company would like to, wherever possible, accommodate the Passenger so that the Passenger is comfortable and safe for the duration of the Cruise;
c) 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 the Company 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 the Company 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 conditions, Disability or Reduced Mobility which require personal care or supervision then such personal care or supervision must be organized by the Passenger and at the Passenger’s expense. The vessel is unable to provide respite services, one-to-one personal care or supervision or any other form of care for physical or psychiatric or other conditions.
7.5 If after careful assessing the Passenger’s specific needs and requirements, the Company and/or the Carrier concludes that the Passenger cannot be carried safely and in accordance with applicable safety requirements then the Company can refuse to accept a Booking or embarkation of a Disabled Passenger or Passenger with Reduced Mobility on the grounds of safety.
7.6 The Company reserves the right to refuse to carry any Passenger who has failed to adequately notify the Company of any disabilities or needs for assistance in order for the Company 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 the Company 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 the Company.
7.7 The Company reserves the right to refuse to carry any Passenger who in the opinion of the Company and/or the Carrier is unfit for travel or whose condition may constitute a danger to themselves or others on the Cruise on the grounds of safety.
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 the Company immediately so that the Company 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 persons with Disabilities or Reduced Mobility or balance problems. When using tenders, safety is the utmost priority. It is important that Passengers are able to use the tender safely. 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 Questionnaire
9. Food Allergies
10. Medical Assistance
10.2 In compliance with Flag State requirements, there is a qualified doctor onboard and a medical centre equipped for first aid and minor conditions only. The Passenger hereby acknowledges and accepts at the time of Booking that the medical centre is not equipped as a land-based hospital and the doctor is not a specialist. Neither the Company, nor the Carrier, nor the doctor shall be liable to the Passenger as a result of any inability to treat any medical condition as a result.
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.
11. Medical Equipment
12. Booking Changes requested by the Passenger
BELLA - FANTASTICA - AUREA - YACHT CLUB EXPERIENCE
Change name: £50 till 7 working days before departure date
Change departure date: £100 till 14 working days before departure date
It is understood that, in addition to the administration fee mentioned above, if the price of the New Holiday Package is higher than that of the Original Holiday Package, the difference in price as well as in insurance premium will be borne exclusively by the Passenger.
On the other hand if the price of the New Holiday Package is lower than that of the Original Holiday Package, no reimbursement will be due to the Passenger.
In case of substitution of the Original Holiday Package with the New Holiday Package, the Passenger will still be entitled to withdraw from the Contract and therefore cancellation fees will apply; cancellation fees will be based on the price due (as per above provisions) and the scale provided under clause 13 (Cancellation by the Passenger) according to the Original Holiday Package departure date.
The Company will make reasonable endeavours to comply with the Passenger requests for changes to flight, transport or other services arrangements and adapt them to the New Holiday Package. In no case whatsoever will the Company be held liable for change requests that cannot be satisfied.
12.3 Name or date changes are not always allowed by air Carriers and other transport or services providers whenever they are made. Most air Carriers and other transport or services providers treat such changes as a cancellation and charge accordingly. Any additional costs including cancellations fees and/or increased prices levied by air Carriers or other third party providers will be exclusively for the Passenger’s account and be charged as a part of the additional cost mentioned in clause 12.1 (ii) above.
12.4 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 £25.00 per person per amendment. Any additional costs that may arise as a consequence of the change will be exclusively for the Passenger’s account.
12.5 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 £25.00 per cabin will be charged to cover the extra costs.
12.7 Any changes requested by the Passenger on a Grand Tour shall always apply to the whole Holiday Package. All the relevant
13. Cancellation by the Passenger
Cruises < 15 Nights
• 63 days or longer before departure – Deposit
• 62 to 42 days before departure – 25%*
• 41 to 29 days before departure – 40%*
• 28 to 15 days before departure – 60%*
• 14 to 6 days before departure – 80%*
• 5 to 0** before departure – 100%*
Cruises ≥ 15 Nights
• 93 days or longer before departure – Deposit
• 92 to 72 days before departure – 25%*
• 71 to 59 days before departure – 40%*
• 58 to 45 days before departure – 60%*
• 44 to 15 days before departure – 80%*
• 14 to 0** before departure – 100%*
World Cruise 2019
• 90 days or longer before departure – 15%*
• 89 to 60 days before departure – 25%*
• 59 to 15 days before departure – 50%*
• 14 to 10 days before departure – 75%*
• 9 to 0 days before departure – 100%*
World Cruise 2020
• 120 days or longer before departure – 15%*
• 119 to 60 days before departure – 25%*
• 59 to 15 days before departure – 50%*
• 14 to 10 days before departure – 75%*
• 9 to 0 days before departure – 100%*
*or loss of deposit whichever is greater (£100 for cruise only, £250 for fly/cruise)
** “no-show” upon departure and Holiday Package breaking shall be dealt as a cancellation made on the day of departure.
*** or loss of deposit whichever is greater
13.3 In case a cabin remains for single use after the cancellation of a Passenger: (a) the Company will levy to the withdrawing Passenger charges according to the above clause 13.2, which in any case will not be lower than £100.00, in addition to the insurance premium; (b) the Passenger occupying the cabin for single use will also bear a 100% single surcharge, or any lower single surcharge the Company will be levying at that moment to any single cabin Booking.
14. Booking Changes Effected by the Company
14.8 In some circumstances, Passengers may be entitled to the difference in price between the Cruise contracted for and that provided. Refunds will be made for shore excursions not performed.
14.9 Passengers also have rights in certain circumstances which includes refunds and transportation. The circumstances in which these rights apply and the rights are set out in the Passenger Bill of Rights which is on our website at https://www.msccruises.co.uk/en-gb/Passenger-Bill-of-Rights.aspx Once a Cruise or Holiday Package has been completed, and it is impossible to ensure the Passenger's return to their departure point as agreed in the Contract because of unavoidable and extraordinary circumstances, the Company shall bear the cost of necessary accommodation, if possible of equivalent category, for a period not exceeding three nights per traveller. Where longer periods are provided for in EU passenger rights legislation applicable to the relevant means of transport for the traveller's return, those periods shall apply.
15. Cancellation by the Company
16. The Company's Liability
a) wholly attributable to the fault of the Passenger.
b) the unforeseeable or unavoidable act or omission of a third party unconnected with the supply of any service to be provided under the Contract;
c) an unusual or unforeseeable circumstance beyond the control of the Company and/or anyone who supplies services which form part of the 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 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, the Company’s liability for improper performance of the Contract shall be limited to a maximum of three time the price which the affected Passenger paid for the Holiday Package (not including insurance premiums and amendment charges).
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 Carriage of Passengers and their luggage by air is governed by various International conventions (“the International Air Conventions”), including the Warsaw Convention 1929 (as amended by The Hague Protocol 1955 or the Montreal Protocol 1999 or otherwise) or the Montreal Convention 1999. To the extent that the Company may be liable as a non-performing air Carrier to Passengers in respect of carriage by air, the terms of the International Air Conventions (including any subsequent amendments and any new convention which may be applicable to a Contract for a Cruise between the Company and a Passenger) are expressly incorporated into these Booking Terms and Conditions and in the Conditions of Carriage. The International Air Conventions fix limitations of liability of the Carrier for death and personal injury, loss of and damage to luggage and delay. Any liability of the Company 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.
16.5 Insofar as the Company may be liable to a Passenger in respect of claims arising out of carriage by air, land or sea, the Company shall be entitled to all the rights, defenses, immunities and limitations available, respectively, to the actual Carriers (including his own terms and Conditions of Carriage) and under 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.
16.6 The liability (if any) of 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:
16.7 In relation to Carriage by Sea EU Regulation 392/2009 Concerning the Rights of Passengers when travelling by sea in the event of Accidents (EU Regulation 392/2009), 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.
A copy of EU Regulation 392/2009 is available on request and can be downloaded from the Internet at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/2724/annex-b-reg-ec-392-2009.pdf. A summary of EU Regulation 392/2009 can be found at http://ec.europa.eu/transport/themes/passengers/maritime/doc/rights-in-case-of-accident.pdf
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.
16.8 The level of damages 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.
16.9 The liability of the Company and 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 1974 or, where applicable, the maximum sum of 400,000 SDR pursuant to EU Regulation 392/2009 or The Athens Convention 2002 and, where there is liability for war and terrorism under EU Regulation 392/2009 or The Athens Convention 2002, 250.000 SDR.
Liability of the Company and the Carrier for loss of or damage to Passenger's luggage or other property shall not exceed 833 SDR per Passenger under the Athens Convention 1974 or 2,250 SDR where EU Regulation 392/2009 or Athens Convention 2002 applies.
It is agreed that such liability of the Company and the Carrier shall be subject to the applicable deductibles per Passenger, such sum to be deducted from the loss or damage to luggage or other property.
The Passenger understands that the conversion rate of SDR's fluctuates daily and may be obtained from a bank or Internet. The value of an SDR can be calculated by visiting http://www.imf.org/external/np/fin/data/rms_five.aspx.
16.10 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.
16.11 If the carriage provided hereunder is not “international carriage” as defined in Article 2 of EU Regulation 392/2009 or the vessel is being used as a floating hotel and or domestic carriage by sea in the UK, the provisions of the Athens Convention 1974 shall apply to this contract and be deemed to be incorporated herein mutatis mutandis.
16.12 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 3,375 SDR where EU Regulation 392/2009 or Athens Convention 2002 applies.
16.13 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 the Company and the Carrier of any such statutory or otherwise limitation or exoneration or liability. The servant and/or agents of the Company and the Carrier shall have the full benefit of all such provisions relating to the limitation of liability.
16.14 Without prejudice to the provisions of 16.7 to 16.13 above, if any claim is brought against 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 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 the Company and Carrier’s own negligence or fault.
16.15 Notwithstanding anything to the contrary elsewhere in these Booking Terms and Conditions, the Company shall not in any circumstances be liable for any loss or anticipated loss of profits, loss of revenue, loss of use, loss of contract or other opportunity nor for any other consequential or indirect loss or damage of a similar nature.
16.16 The liability of the Company is excluded for claims arising out of loss or damage directly or indirectly occasioned by circumstances where performance and/or prompt performance of the Contract is prevented by reason of war, or threat of war, riot, civil strike, industrial dispute whether by the Company’s employees or others, terrorist activity or the threat of terrorist activity, failure of power supplies, health risks or epidemics natural or nuclear disaster, fire or adverse weather conditions or adverse sea states, Passenger’s suicide or attempted suicide or the Passenger’s deliberate exposure to unnecessary danger (except in an attempt to save human life), or the consequences of participating in an unusual and dangerous activity and any other circumstance of any nature whatsoever outside the Company’s control.
16.17 Where 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 £500.00 and the Company shall not at any time be liable for money or valuables. Passengers must not pack money or other valuables in their luggage.
16.18 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 the Company shall be reduced in proportion to any contributory negligence by the Passenger.
17. Itinerary / Right to Change
18. Passenger's Responsibility
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 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 the Company, Carrier or supplier may be liable to pay.
19.7 If the Contract does not include flights, it is the Passenger’s responsibility to obtain a valid ticket directly from an air Carrier suitable for and in time for travel to the vessel (and including local transfers which the Passenger must arrange), as necessary. The Company shall not be responsible for any liabilities arising in respect of flights or transfers arranged by the Passenger.
21. Consumer protection
22. Data Protection
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.