Carrier's standard conditions of carriage
THESE CONDITIONS OF CARRIAGE SET OUT THE TERMS THAT GOVERN THE RELATIONSHIP, RESPONSIBILITIES AND LIABILITIES AS BETWEEN THE PASSENGER AND THE CARRIER, MSC CRUISES, S.A., AND ARE BINDING ON THE PARTIES. PLEASE READ THEM CAREFULLY AS YOU WILL BE BOUND BY THEM. WHEN VIEWING THESE TERMS AND CONDITIONS ON OUR WEBSITE, THE PROVISIONS UNDER THE HEADING “USEFUL INFORMATION” FORM PART OF THESE TERMS AND CONDITIONS AND ARE LEGALLY BINDING ON YOU ALONG WITH THE STANDARD BOOKING TERMS AND CONDITIONS.
YOU MUST CAREFULLY READ THESE CONDITIONS OF CARRIAGE, WHICH SET OUT YOUR RIGHTS, RESPONSIBILITIES AND LIMITATIONS TO MAKE CLAIMS AGAINST THE CARRIER, ITS SERVANTS AND/OR AGENTS. PASSENGER’S ATTENTION IS PARTICULARLY DRAWN TO 5, 6, 10, 15, 16, 22, 23, 24, 25, 26, 27 OF THESE TERMS AND CONDITIONS WHICH LIMIT THE COMPANY AND CARRIER’S LEGAL LIABILITY AND EFFECT OR LIMIT YOUR LEGAL RIGHTS. SOME PROVISIONS MAY VARY BY ITINERARY. BY EMBARKING THE VESSEL FOR YOUR VOYAGE, YOU ARE DEEMED TO HAVE ACCEPTED THESE CONDITIONS OF CARRIAGE.
These Conditions of Carriage will also apply where the Vessel is being used as a floating hotel, whether or not there is a Passage Contract, and whether or not there is any carriage. Where the Passenger has entered into a Passage Contract with an Organizer for passage or embarkation onto any MSC vessel, these conditions are deemed incorporated into the Passenger’s contract with the Organizer.
1. Construction and Definitions
“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”. The term the “Carrier” includes the Carriers, the carrying vessel (the “Cruise Ship”), its owner, charterer, operator, any tenders or other means of transport provided by the Carrier to the Passenger. The Carrier for MSC’s cruise vessels is MSC Cruises S.A. All benefits, rights, and privileges of the Company provided herein or in the Standard Booking Terms and Conditions shall apply also to all subsidiaries, parent companies, sales agents and affiliates of the Company, to all concessionaires or independent contractors working or operating onboard, and to the vessel, her officers, staff and crew. The sales agency for Carrier in North America is MSC Cruises (USA) Inc. which operates as the sales agent only and does not own or operate any MSC cruise vessels.
“COMPANY” means MSC Cruises S.A. whose registered address is 40, Eugene Pittard, CH-1206 Geneva, Switzerland who organizes Cruise Holiday Packages and sells or offers them for sale, whether directly or through a Sales Agent. All benefits, rights, and privileges of the Company provided herein or in the Standard Booking Terms and Conditions shall apply also to all subsidiaries, parent companies, sales agents and affiliates of the Company, to all concessionaires or independent contractors working or operating onboard, and to the vessel, her officers, staff and crew.
“DISABLED PERSON” or “PASSENGER WITH REDUCED MOBILITY” (also “PRM”) means any Passenger whose mobility is reduced as a result of any physical disability (sensory or locomotor, permanent or temporary) or as a result of age, or any Passenger who has any intellectual or psycho-social disability or impairment, and who needs appropriate attention and adaption of the service made available to all passengers to suit his/her particular needs.
“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.
The "MASTER" is the Captain or person in charge of commanding the carrying Vessel at any given point.
“MINOR” means any person under the age of 21 (on voyages that include a port in the USA or 18 (on voyages that do not include a port in the USA).
“ORGANIZER” is the party with which the Passenger has entered into a contract for the cruise and/or package as defined under the Council Directive 90/314/EEC of 13th June 1990 on Package Travel, Package Holidays and Package Tours, which includes the cruise and lodging onboard the Vessel or other equivalent.
“PASSAGE CONTRACT” means the contract of carriage, which the Passenger has entered into with the Organizer, the terms of which are evidenced by the Booking Terms & Conditions, which incorporate these terms.
‘PASSENGER’ means each and every person named either on the booking confirmation, or on the invoice, or on a ticket. All references to the "PASSENGER" (singular) shall include the plural. Passenger includes the purchaser of the Passage Contract and any person or persons named on the relevant passage ticket including Minors.
“SHORE EXCURSION” means any excursion, trip or activity ashore that is not included as part of the all-inclusive price of the Cruise Holiday Package and is offered for sale by the Company or onboard its vessels. Shore Excursions are operated by independent third parties and are not under the operational control of the Company.
“VESSEL” means the vessel named in the relevant Passage Contract or any substituted vessel owned, chartered, operated and/or controlled by the Carrier.
2. Non-Transferability and Amendment
2.1 The Carrier agrees to transport the person named in the Ticket (the “Passenger”) on the specific voyage (the “Voyage”) on named or substitute Vessels. The Passenger agrees to be bound by all terms, conditions and limitations of these Conditions of Carriage and the Standard Booking Terms and Conditions. Any prior oral and/or written agreement is superseded by these conditions. These Conditions of Carriage cannot be amended without written and signed consent from the Carrier or its authorized representative. The Passage Contract issued by the Organizer is valid only for the Passenger or Passengers for whom it is issued, for the date and Vessel indicated or any substitute Vessel and is not transferable.
2.2 A name change fee of $75 per name change will apply for any name change made within 89 days prior to sailing. Limit of one name change per reservation. More than one name change or any cruise date change is considered a reservation cancellation and is subject to the above cancellation charges. Cancellation charges are assessed on total fares, which include cruise fare, air add-ons, hotel packages and any other additional services arranged through MSC Cruises, S.A. or MSC Cruises (USA), Inc. Government taxes and fees will be refunded. Please note that hotels and airlines have their own cancellation policies and charges and Passenger agrees to be bound by same.
3. Occupation of Berths and Cabins
4. Maintenance During Delay or Overstaying
5. Premature Termination of the Cruise
6. Deviations, Cancellations and Delays
7. Extra Charges
8. Travel Documents
10. Fitness to Travel
11. Passenger's Conduct
12. Animals and Pets
15. Medical Services by Independant Contractors
16. Medical Treatment
17. Independent Contractors
18. Travel Packages and Shore Excursions
19. Passenger's Luggage and Personal Property
20. Passenger's Liability for Damage
21. Force Majeure and Events Beyond the Carrier's Control
Company and Carrier shall be entitled to any and all liability limitations and immunities for loss of or damage to luggage, death and/or personal injury as provided under EU Regulation 392/2009 on the liability of carriers to Passengers in the event of accidents. Under these regulations, unless the loss or damage was caused by a shipping incident, which is defined as a shipwreck, capsizing, collision or stranding of the ship, explosion or fire in the ship, or defect in the ship (as defined by the Regulation), Carrier's liability is limited to no more than 400,000 Special Drawing Rights (“SDR”) (approximately US$550,433) per passenger if the passenger proves that the incident was a result of Carrier's fault or neglect. If the loss or damage was caused by a shipping incident, Carrier's liability is limited to no more than 250,000 SDR (approximately US$344,021) per passenger. Compensation for loss caused by a shipping incident can increase to a maximum of 400,000 SDR (approximately US$550,433) per Passenger unless Carrier proves that the shipping incident occurred without Carrier's fault or neglect. Shipping incidents do not include acts of war, hostilities, civil war, insurrection, natural disasters, or intentional acts or omissions of third parties. In cases where the loss or damage was caused in connection with war or terrorism or in the event of an incident which caused injury or death to multiple persons, Carrier's aggregate liability for any personal injury or death (whether occurring during a shipping incident or a non-shipping incident) is limited to the lower of either 250,000 SDR (approximately US$344,021) per passenger or 340 million SDR (approximately US$467,868,439) aggregate per ship per incident. Punitive damages are not recoverable for cruises covered by EU Regulation 392/2009.
For a copy of EU Regulation 392/2009, visit the European Union website at https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:131:0024:0046:EN:PDF or
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.
liable for money or valuables. Passengers must not pack money or other valuables in their luggage.
For a copy of EU Regulation 1177/2010, visit https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32010R1177&qid=1440630405095&from=EN.
23. Shore Excursions
in the form of a ticket coupon or voucher, whether prior to embarkation or from the Carrier after embarkation.
24. Applicable Law
24.1 For all Cruise Holiday Packages where the Cruise portion of the itinerary includes any port in the USA or which embarks or disembarks in the USA (USA Voyages), the general maritime law of the United States shall apply supplemented by Florida state law on the subject of dramshop (alcohol) liability (Florida Statutes 786.125).
24.2 For all Cruise Holiday Packages where the Cruise portion of the itinerary does not include any port in the USA and which does not embark or disembark in the USA (non-USA Voyages including EU Voyages), the applicable law to this Contract shall be Italian law.
25.1 For all Cruise Holiday Packages where the Cruise portion of the itinerary includes any port in the USA or which embarks or disembarks in the USA (USA Voyages), should any dispute of any kind or nature whatsoever arise between Passenger and the Carrier, including but not limited to disputes regarding the interpretation or application of the present contract, or claims for loss, injury, death or damage, such matters shall be resolved exclusively by the United States District Court for the Southern District of Florida, or if such court lacks jurisdiction, then by a court of competent jurisdiction in Ft. Lauderdale, to the exclusion of any other court, venue or jurisdiction.
25.2 For all Cruise Holiday Packages where the Cruise portion of the itinerary does not include any port in the USA and which does not embark or disembark in the USA (non-USA Voyages), such matters shall be resolved exclusively by the courts of Naples, Italy to the exclusion of any other court, venue or jurisdiction.
26. Time Limit to Give Notice of Claims
26.1 The Carrier shall be under no liability whatsoever in respect of any claim arising from an accident which was not reported by the Passenger to the Carrier’s Master, Ship’s Doctor, or Safety Officer while onboard the Vessel.
26.2 There are strict time limits for giving notice of legal claims and for initiating legal action (filing suit) against the Carrier. Carrier shall have no liability for any injury, death, loss or damage which does not comply with these important deadlines.
26.3 Notices of Claim for death, illness, emotional stress or personal injury, with full particulars in writing must be received by the Carrier within six (6) months (185 days) after the date of such death, injury, or illness occurring in accordance with 46 U.S.C. § 30509; and Notices of Claim for loss or damage to luggage or other property, shall be given to the Company in writing before or at the time of disembarkation, or if damage or loss is not apparent at the time of disembarkation, then within fifteen (15) days from the date of disembarkation; and Notices of Claim for anything other than death, illness, emotional stress, personal injury, or loss or damage to luggage or other property, must be received by the Company in writing within fifteen (15) days from the date of disembarkation. All legal Notices under these Conditions of Carriage shall be sent by registered mail to LEGAL DEPARTMENT, MSC Cruises S.A., Avenue Eugène Pittard 40, CH-1206 Geneva (Switzerland).
26.4 Any Passenger with a complaint while on a Cruise must bring it to the attention of the Guest Relations staff onboard as soon as possible in order to give vessel staff an opportunity to resolve the issue. If the Guest Relations staff on board are unable to resolve the problem, any complaint other than for death, injury or loss or damage to property must be submitted in writing and received by the Company within 60 days of the termination of the Cruise. Complaints relating to any other part of a Cruise Package separate from the cruise, must be made promptly to the Company, actual Carrier and supplier.
26.5 For EU Voyages, complaints under EU Regulation 1177/2010 concerning accessibility, cancellation or delays must be made to the Company within two (2) months from the date the service was performed. The Carrier shall respond within 1 month to advise whether the complaint is substantiated, has been rejected or is still being considered. A final reply shall be provided within two (2) months. The Passenger shall provide such further information as may be required by the Company to deal with the complaint. If the Passenger is not satisfied with the response, then Passenger may complain to the relevant enforcement body in the country of embarkation.
27. Time Limit for Filing Any Lawsuit
27.1 The following provisions are without prejudice to the time limits specified in the above Section and are intended to ensure the Company can timely address and respond to all other complaints.
27.2 All claims against the Carrier, Company and Cruise Ship for personal injury, illness, emotional distress or death shall be time barred unless filed in the appropriate court as follows:
27.2.1 For Voyages not including a USA port (non-USA Voyages), claims shall be time-barred if not filed in the proper court within two (2) years from the date of disembarkation as provided by Article 16 of the Athens Convention.
27.2.2 For Voyages including a USA port, (USA Voyages), claims for personal injury, illness, or death shall be time-barred if not filed in the proper court not later than one (1) year from the date of injury or death, except that for claims involving a Passenger under the age of eighteen (18) or an incompetent person, in which case the time shall be calculated from the date said individual reaches the age of eighteen (18), or from the date of the appointment of a legal representative, whichever comes first. Such appointment
must be made within three (3) years after such injury, onset of illness or death.
27.2.3 All other actions not involving personal injury, illness, emotional distress or death, including but not limited to claims for other torts or breach of contract against the Carrier or the Cruise Ship, such action shall be time-barred if not commenced not later than six (6) months (185 days), from the date of Passenger’s disembarkation.