Terms and Conditions
1.1 MSC Cruises S. A. incorporated in Geneva, Switzerland External Profit Company with registration number 2012/165726/10 (“MSC” or “MSC Cruises S.A.” or “the Company”) of Eugene Pittard, 40, CH-1206 Geneva, Switzerland, having its South African registered address as at 150 Rivonia Office Park, Building 3, Rivonia Road, Sandown, Gauteng, operates ocean cruises (“Cruise/s”) departing and/or returning to ports within the Republic of South Africa;
1.2 MSC sells tickets (“Cruise Ticket/s”) for its Cruises and it does so in South Africa through its offices and sales staff in South Africa, Switzerland or elsewhere. MSC also sells other services (“Additional Services”) which may be purchased in addition to a Cruise Ticket. Additional Services include excursions, flights and hotel accommodation, which are provided by third parties (“Service Providers”). Notwithstanding that MSC may offer and sell “Packages” incorporating Cruises, air and other travel, accommodation and excursions (such as the “Fly/Cruise” or similar all-inclusive packages), MSC remains the contracting party in terms of these Booking Terms and Conditions (“STCs”) and the Contract of Carriage, only in respect of the Cruise carriage portion or leg of such package. Therefore, in respect of the other portions or legs of the Package, other Service Providers and carriers undertake such services and are provided by Service Providers as independent contractors on their own terms and conditions. MSC solely contracts with such Service Providers as an agent on your behalf,
1.3 In providing such Cruises on ships operated by it, MSC does so as the carrier (“the Carrier”), on the Terms and Conditions of Carriage and Passage of Passengers (“the Contract of Carriage”), which follows after these Booking Terms and Conditions and can be accessed at www.msccruises.co.za . The Contract of Carriage terms and conditions will be attached to and form part of the Cruise Ticket which will be issued and the carriage of any passenger on board the cruise ship, will be undertaken subject to the terms and conditions of the Contract of Carriage.
1.4 All bookings made and Cruise Tickets and Additional Services which you purchase, whether directly from MSC or through a Travel Agent/Group Organiser (as defined in the Group Contract) are made and/or sold to you on these terms and conditions together with the Contract of Carriage and any other terms and conditions, which you agree to with MSC, in writing, which are incorporated herein by reference. Your attention is specifically drawn to the clauses (or part thereof) typed in bold print and/or underlined.
1.5 The Contract of Carriage and STCs may refer to and incorporate the law of the country of the Carrier, the law of the place the contract is concluded, another chosen law stipulated in the contract and/or International Conventions which may limit or exclude the liability of the Carrier.
1.6 MSC directs you to the “Frequently Asked Questions (“FAQ’s”), which contain important information regarding the Cruise and form part of the “Passage Contract”. The Passage Contract is the contract which the Passenger enters into with MSC, the terms of which are evidenced by these STCs, together with the FAQs and the terms and conditions of the Contract of Carriage. Despite the FAQs forming part of the Passage Contract they do not create any obligations, duties, or warranties on the part of MSC. While MSC endeavours to provide accurate and up to date information in the FAQs, the information contained therein is constantly changing and is not a substitute for the terms and conditions contained in the STCs, the Contract of Carriage and for any rules/regulations/directives of any authority or law. MSC will not accept liability for any damage or loss if you rely solely on the information contained in the FAQs. In the event that there is a conflict between the FAQs and these STCs, these STCs will apply.
1.7 If you book a Cruise, purchase a Cruise Ticket and/or any Additional Services, through a Travel Agent or a Group Organiser, you agree that the person or company acting as either, is not the Agent of MSC. Accordingly, money handled by the Travel Agent or Group Organiser is handled on your behalf and not on MSC’s behalf. The risk of loss of and/or theft of the money will be borne by you until the money has been received by MSC. In the event of the Travel Agent or Group Organiser signing the Passenger Registration Form on your behalf, you confirm and warrant the authority of the Travel Agent or Group Organiser to do so and you agree to be bound by all the Terms and Conditions thereof. In addition, the Travel Agent or Group Organiser in so signing the Passenger Registration Form warrants his/ its/ her authority to do so on behalf of the Passenger and that the STCs were drawn to the attention of that Passenger. This document contains certain terms and conditions on which MSC sells Cruises and Additional Services to Passengers, who may be consumers for the purposes of the Consumer Protection Act No. 68 of 2008 (“CPA”). 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. Your attention is drawn to these STCs because they are important as they govern the relationship between MSC and the Passenger and thus, should be carefully noted. By purchasing Cruise Tickets or Additional Services through MSC, you acknowledge that the STCs may contain terms and conditions in a similar text style to this clause which:
1.7.1 may limit the risk or liability of MSC or a third party; and/or
1.7.2 may create risk or liability for the Passenger; and/or
1.7.3 may compel the Passenger to indemnify MSC or a third party; and/ or
1.7.4 serves as acknowledgement, by the Passenger, of a fact.
1.8 Nothing in these STCs is intended to or must be understood to unlawfully restrict, limit or avoid any rights or obligations, as the case may be, created for either MSC or the Passenger in terms of the CPA (in the event that the CPA is applicable).
Words or phrases have been defined throughout these terms and conditions and have been underlined and made bold for your ease of reference. Any words or phrases contained herein shall bear similar meanings to those definitions contained in the Contact of Carriage. Notwithstanding this, in these conditions and if applicable in the contract of carriage, the following words or phrases shall bear the following meanings ascribed to them –
1.9.1 “Cruise” means the cruise as described in the relevant Company brochure, the Official MSC Website or other documentation produced for or on behalf of the Company.
1.9.2 “Grand Tour” means the combination of two or more Cruisesprearranged by the Company and offered for sale as a single Package. For any relevant purposes, the Grand Tour shall always be considered as a single and indivisible Package. All terms and references to a Cruise and or 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.
1.9.3 “Official Website” means the set of related web pages, documents and hypertext links served from the web domain www.msccruises.co.za.
1.9.4 “Package” means the cruise, and flight(s) and or any pre-cruise and/or post-cruise arrangement for accommodation. It does not include shore excursions or shuttle services which do not form part of the inclusive Package price.
1.9.5 “Passenger” means you, the person or persons purchasing Cruises aboard MSC and named on the relevant Cruise ticket (including Minors), the purchaser of the Passage Contract and any travel agent, Group Organiser or any other person/company that has booked the Cruise and/or who is authorised to receive the Cruise Ticket and to contract on behalf of the Passenger.
1.9.6 “Shore Excursion” means any excursion, trip or activity ashore that is not included as part of the all-inclusive price of the Cruise and is offered for sale by the Company on-board its vessels.
1.9.7 “South African Cruise Season” means cruises advertised to be commenced and completed to or from ports in South Africa during the period between approximately October or November in any one calendar year and March or May in the following calendar year, so for instance between 28 October 2014 and 28 March 2015 will be referred to as the 2014/15 cruise season, but in some years the season could be between November in the one calendar year and May in the following year.
1.9.8 “Summer Cruise Season” shall mean International cruises scheduled by MSC for departure during the Northern Hemisphere summer months, so that “MSC Summer Cruise Season 2018” shall mean cruises scheduled to be undertaken during the European Summer of 2018.