Terms and Conditions
1.1 MSC Cruises S.A. (“MSC”) of 12-14, Chemin Rieu, CH-1208 Geneva, Switzerland, provides ocean cruises (“Cruises”) aboard ships departing and/or returning to ports within South Africa
1.2 MSC sells tickets (“Cruise Tickets”) for the Cruises.. It does so in South Africa through the local offices and sales staff of MSC Cruises SA in Geneva Switzerland and elsewhere. MSC also sells other services (“Additional Services”) which may be purchased in addition to a Cruise Ticket, such as excursions, flights and hotel accommodation provided by third parties (“Service Providers”). Notwithstanding that MSC may offer and sell “packages” incorporating Ocean Cruises, air and other travel, accommodation and excursions (such as the “Fly/Cruise” or similar apparently all inclusive packages), MSC remains the contracting party in terms of these Booking Terms and Conditions and the Contract of
Carriage, only for the Ocean Cruise carriage portion or leg of such package and in respect of all other sectors or legs undertaken by other Service Providers and carriers, such services are provided by them as independent contractors on their own terms and conditions and MSC contracts with such Service Providers solely 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 are made and/or sold to you on these standard terms and conditions (“STC’s”) read together with the Contract of Carriage and the answers to the “Frequently Asked Questions (“FAQ’s”) together with any other terms and conditions which you agree with MSC in writing. Please make sure you read and understand these STC’s, the Contract of Carriage, the FAQ’s and any other terms and conditions agreed with MSC, especially the provisions which are typed in bold print and/or have been specifically drawn to your attention. The Contract of Carriage may refer to and incorporate the provisions of 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.
1.5 If you book a Cruise, or purchase a Cruise Ticket and/or any Additional Services, through a Travel Agent, you agree that the Travel Agent is your Agent and not the Agent of MSC. Accordingly money handled by the Travel Agent 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 signing the Passenger Registration Form on your behalf, you confirm and warrant the authority of the Agent to do so and you agree to be bound by all the Terms and Conditions thereof. In addition the Travel Agent in so signing the Passenger Registration Form warrants his/her authority to do so on behalf of the passenger and that the Terms and Conditions were drawn to the attention of the passenger.
1.6 In these conditions and if applicable in the contract of carriage, the following words or phrases shall bear the following meanings ascribed to them –
1.6.1 “Cruise” means the cruise as described in the relevant Company brochure, the Official Website or other documentation produced for or on behalf of the Company.
1.6.2 “Grand Tour” means the combination of two or more Cruises prearranged 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.
1.6.3 “Official Website” means the set of related web pages, documents and hypertext links served from the web domain www.msccruises.co.za.
1.6.4 “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.
1.6.5 “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 onboard its vessels.
1.6.6 “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, although such periods or dates may be changed at MSC’s sole discretion.
1.6.7 “Summer Cruise Season” shall mean International cruises scheduled by MSC for departure during the Northern Hemisphere summer months, so that “MSC Summer Cruise Season 2015” shall mean cruises scheduled to be undertaken during the European Summer of 2015.