BOOKING CONDITIONS

THESE ARE THE TERMS AND CONDITIONS, WHICH APPLY TO THE CRUISE.

PLEASE READ THEM CAREFULLY AS YOU WILL BE BOUND BY THEM.


All cruises featured in this brochure are offered for sale by MSC Cruises Limited, the “Company”. In the Conditions (as defined below) the following expressions shall have the meanings defined hereunder:
“Booking” refers to the steps taken by the passenger to enter into a Contract with the Company.

“Booking Terms & Conditions” are the terms and conditions and the information contained in the relevant Company brochure and/or other information which will form the express terms of your contract with the Company.

“Carrier” is the entity who has under taken the obligation to carry or performs the carriage of the Passenger from one place to the other as indicated in the cruise ticket, airline ticket or other ticket issued for the transpor t by road, air or sea and is thereby indicated on such documents as “Carrier”. Carrier includes the owner and/or the char terer and/or operator and/or their servants and/or agents of any transpor t provider.

“Conditions of Carriage” are the terms and conditions under which the Carrier provides transpor t 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 Cruise or 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 cruise as described in the relevant Company brochure or other publication produced for or on behalf of the Company.

“Company” means MSC Cruises Limited whose registered address is at Queens House, 55-56 Lincoln’s Inn Fields, London WC2A 3LJ which organises Cruises and/ or packages and sells or offers them for sale, whether directly or through a Sales Agent

“Passenger” means each and every person named either on the Booking confirmation or on the invoice or on a ticket issued by the Company.

“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 par t of the inclusive Package price.

“Sales Agent” means the person who sells or offers for sale the Cruise or Package put together by the Company, on the Company’s behalf.

“Shore Excursion” means any excursion, trip or activity ashore that is not included as par t of the all-inclusive price of the Cruise and is offered for sale by the Company onboard its vessels.

Billet N°: 0000493762 Code de réservation: 1000839 Navire: MSC Armonia

“Force Majeure” is any unforeseeable and unpredictable event out of the Company’s control like, without will of being exhaustive, Acts of God (including fire, flood, ear thquake, storm, hurricane or other natural disaster), 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, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity or telephone service and/or any unforeseen technical problems.

1.BOOKING PROCEDURE AND DEPOSIT

1.1 In order to proceed with a Booking, the Passenger must contact a Company’s authorised agent/ representative.
1.2 By Booking a Cruise or Package, the Passenger confirms, agrees and accepts that all persons named in the Booking request are bound by the Booking Conditions and that he/she has authority to accept these Booking Conditions on behalf of all the persons named on the Booking request.
1.3 At the time of booking a non-refundable deposit of £100 per person (European cruises) and £250 per person (outside Europe) is due and payable by the Passenger.
1.4 A Booking will be completed and the Contract will be effective only when the Company receives the deposit and accepts the booking by sending a confirmation invoice to the Passenger or to the Passenger’s Sales Agent.

2. CONTRACT

2.1 Every Cruise is subject to availability at the time of booking. No Contract shall be made until the deposit or full amount is paid and the confirmation invoice provided to the Passenger.
2.2 Full payment is required no later than 63 days prior to depar ture. 2.3 If the booking application is made within 63 days prior to depar ture, 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 depar ture, the Company has the right to cancel the booking without notice and levy cancellation charges (shown below in paragraph 9) whether the space is resold or not.

3. PRICES AND PRICE GUARANTEE
3.1 No change to the Contract price will be made within the 20 day period before depar ture 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 transpor tation 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 por ts or airpor ts.
Variations may be upwards or downwards. For paragraph a) any variation of the Package price will be equal to the extra amount charged by the airline.
For paragraph b) any variation of the 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 Package price will be equal to the full amount of the fees.
3.3 If the increase would be 2% or less of the holiday price shown on the Passengers Confirmation Invoice (excluding insurance premiums and any amendment charges), the Company will absorb the changes in its costs and will only pass on to the Passenger any increase above that level. If any change in the Company’s costs would cause a reduction in the Passengers holiday price, the Company will not make refunds of amounts less than 2% of Passengers holiday price but it will refund in full amounts exceeding such 2%, after deducting an administration charge of £25.00. If the increase amounts to more than 10% on the total Contract price, the Passenger will be entitled to cancel the Contract with a full refund of the Contract price. Such refund does not include insurance premiums paid, ATOL Protection Contribution (APC) and amendment charges.
3.4 To exercise the right to cancel the Passenger must notify the company in writing within 7 days of receiving the price increase notification.

4. INSURANCE
4.1 The Company recommends that every passenger takes out an adequate insurance policy

5. PASSPORT AND VISAS
5.1 Passengers must hold fully valid passpor ts for the whole duration of the cruise and the expiry date must be at least 6 months after the return date. Certain countries insist on machine-readable and digital photo passpor ts, especially Russia and USA.
5.2 It is the responsibility of the Passenger to obtain all necessary visas that are required. In no way whatsoever will the Company be held liable for the Passengers not obtaining the required visas.

6. HEALTH AND FITNESS TO TRAVEL
6.1 All Passengers warrant that they are fit to travel by sea and by air and that their conduct or condition will not impair the safety or convenience of the vessel, aircraft and/or the other passengers. Where the holiday includes a flight, the passenger is also responsible for notifying the Company prior to the time of booking of any personal circumstances requiring special assistance or that the Passenger is a person with reduced mobility.
6.2 The Company has the right to require the Passenger to produce medical cer tificates suppor ting the fitness to travel.
6.3 Any Passenger with a condition that may affect fitness to travel taking into
account the vessel’s itinerary must submit a doctor’s cer tificate prior to booking. 6.4 Pregnant women are advised to seek medical advice before travelling at any stage of their pregnancy.
6.5 The Company and/or the Carrier does not have onboard any of the cruise vessels adequate medical facilities for childbir th. The Company cannot accept a booking or carry any Passenger who will be 24 weeks pregnant or more by the end of the Cruise.
6.6 The Company expressly reserves the right to refuse boarding rights to any Passenger who appears to be in any advanced state of pregnancy and shall have no liability in respect of such refusal.
6.7 Passengers who are up to 23 weeks pregnant at the end of the Cruise must obtain a medical cer tificate from a doctor confirming their fitness to travel onboard the vessel taking into account the specific itinerary.
6.8 In 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 then, the Company will refund the full price paid by that Passenger for any cancellation of booking as long as such cancellation is notified immediately as soon as such state becomes known.
6.9 For the safety and comfor t of all Passengers who are infirm, unwell, have reduced mobility or are disabled, it is impor tant that the fullest information is provided at the time of booking to ensure that the Passenger can be carried safely and/or in an operationally feasible and or dignified manner. Passengers requiring a disabled cabin must specifically book such a cabin.
6.10 Passengers with a physical or mental disability requiring special treatment or assistance (including persons confined to wheelchairs) must advise the Company in writing of the nature of the disability, any medical apparatus they intend to bring onboard and/or any special medical or other assistance they may need prior to booking. Passengers may also need to be accompanied by a travelling companion fit and able to assist them.
6.11 Any Passenger confined to a wheelchair must furnish their own standard size collapsible wheelchair and must be accompanied by a travelling companion fit and able to assist them.
6.12 The Company and/or Carrier reserves the right to refuse passage to any Passenger who has failed to adequately notify the Company of such disabilities or need for assistance or 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.
6.13 Infirm Passengers or Passengers with wheelchairs or reduced mobility may not be able to go ashore at por ts where vessels do not ber th alongside. A list of these por ts is available upon written request from the company.
6.14 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 health or safety, or likely to be refused permission to land at any por t or likely to render the Carrier liable for maintenance, suppor t or repatriation, then the Master shall have the right to refuse to embark the Passenger at any por t or disembark the Passenger at any por t or transfer the Passenger to another ber th 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 suppor ted 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 por t, 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.
6.15 Where a Passenger is refused embarkation as a result of health and/or fitness to travel, then neither the Company nor the Carrier has any liability to the Passenger.
6.16 The Company and/or the Carrier and/or the health authorities in any por t shall be entitled to administer a public health questionnaire on their own behalf. The Passenger shall supply accurate information regarding symptoms of any illness including but not limited to gastrointestinal illness and H1N1. The Carrier may deny boarding to any Passenger that it considers in its sole discretion to have symptoms of any illness including viral or bacterial illness including but not limited to Norovirus and H1N1. Refusal by a Passenger to complete the questionnaire may result in denied boarding.
6.17 Where Passengers become ill onboard the cruise with viral or bacterial illness the ship’s doctor may request them to remain in their cabin for reasons of health and safety.
6.18 Passengers are reminded that some foods may cause an allergic reaction in cer tain people due to intolerance of some ingredients. If the Passenger has any known allergies, or is intolerant to any food, he is required to repor t it to the Maitre d’Hotel as soon as convenient after arriving onboard and cer tainly before consuming any food.
6.19 It is recommended that medical advice is sought before booking for children up to 12 months of age.

7. MEDICAL ASSISTANCE
7.1 Passengers must have comprehensive travel health insurance covering medical treatment and repatriation costs and expenses.
7.2 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, 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.
7.3 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.
7.4 In the event of illness or accident, Passengers may have to be landed ashore by the Company, the Carrier and/or the Master for medical treatment. Neither the Carrier nor the Company make any representation or accept any responsibility regarding the quality of the available medical facilities or treatments at any por t of call or at the place at which the Passenger is landed. Medical facilities and standards vary from por t to por t. Neither the Company nor the Carrier makes any representations or warranties in relation to the standard of medical treatment ashore.
7.5 The 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.

8. BOOKING CHANGES REQUESTED BY THE PASSENGER
8.1 Reasonable changes to bookings may be requested after the confirmation invoice has been issued and until 63 days prior to depar ture. If the passengers make the allowed change either more than 63 days before depar ture or within 63 days of depar ture there will be a charge of £25.00 per change per person. Any additional costs including cancellations fees and/or increased prices levied by airlines will be exclusively for the Passenger’s account.
8.2 Name change, and or depar ture details such as date and time changes are not always allowed by airlines and other transpor t providers whenever they are made. Most airlines and other transpor t providers treat name and depar ture detail changes as a cancellation and charge accordingly. These charges will be passed on to the Passenger. Once tickets have been issued, and sometimes even before they have been issued, any changes made to the ticket, including names or initials, will result in the Passenger having to pay for the cancelled ticket and buy a new ticket at full cost.
8.3 The Company will make reasonable endeavors to comply with the Passenger requests for changes to flight arrangements. In no case whatsoever, the Company will be held liable for flight changes requests that cannot be satisfied.
8.4 Requests of amendments to the Booking received within 63 days of depar ture will be treated as cancellations and the cancellation charges detailed in paragraph 9 below will apply.

9. CANCELLATION BY THE PASSENGER
9.1 Cancellation of bookings must be made in writing (registered letter, email or fax) to the Company or via the Passenger’s Travel Agent. All tickets issued and the confirmation invoice must be returned together with the notice of cancellation.
9.2 To cover the estimated loss incurred by cancellation, the Company will levy cancellation charges in accordance with the following scale: More than 63 days before depar ture – Loss of Deposit
63 to 42 days before depar ture – 25%*
41 to 29 days before depar ture – 40%*
28 to 15 days before depar ture – 60%*
14 to 4 days before depar ture – 80%*
3 days before depar ture – 100%*
* or loss of deposit whichever is greater.
9.3 It may be possible for the Passenger to re-claim these cancellation charges from the travel insurers, subject to any applicable deductibles. It is the passenger’s responsibility to make such a claim apply under the terms of his/her insurance policy.

10. BOOKING CHANGES EFFECTED BY THE COMPANY
10.1 Arrangements for the Cruise are made many months in advance by the Company. Very occasionally it may be necessary to alter them and the Company expressly reserves the right to change the arrangements for the Cruise or Package, should such changes become necessary or advisable for operational, commercial or safety reasons.
10.2 In the event of a significant alteration to an essential term of the Contract, the Company will inform the Passenger or his/her travel agent of such change in writing as soon as reasonably possible.
The Passenger will be offered the choice of:
a) accepting the alteration; or
b) booking another Cruise from the brochure of equivalent or superior quality, if available; or
c) booking another Cruise from the brochure of lower quality, if available, with a refund of the difference in price; or
d) cancelling and receiving a full refund of all monies paid.
10.3 The Passenger must notify the Company of his/her decision in writing or via his/ her travel agent within 7 days of receiving the notification of alteration.

11. CANCELLATION BY THE COMPANY
11.1 The Company reserves the right to cancel any Cruise at any time by giving a written notice to the Passenger.
11.2 If the cancellation is by vir tue of a Force Majeure and or due to any unusual or unforeseeable circumstances beyond the Company’s control, the consequences of which could not have been avoided by the Company even though it has exercised all due care, the Company will offer the Passenger the choice of:
a) receiving a full refund of all money paid; or
b) booking another Cruise from the brochure of equivalent or superior quality at no extra cost, if available; or
c) booking another Cruise from this brochure of lower quality, if available, with a refund of the difference in price.
11.3 If the cancellation is due to reasons other than those indicated in 11.2, the Company will offer the Passenger the same choices as detailed in 11.2 plus compensation, if appropriate, of £10 per Passenger per night of the duration of the Cruise.
11.4 The Passenger’s decision must be notified to the Company in writing or via their travel agent within 7 days of the notice of cancellation.

12. THE COMPANY’S LIABILITY
12.1 Subject to 12.4 to 12.8 the Company accepts responsibility for death, injury or illness caused by the negligent acts and/or omissions of it and anyone who supplies services which form par t of the Package. The Company limits its liability, where applicable, by the conventions mentioned in 12.4 to 12.8 inclusive. The liability of the Company toward the Passenger is governed also by the International Conventions mentioned hereunder (see cl. 12.3 to 12.8) which provide limitations of liability of the Carrier. The Company is not responsible for any improper or non-performance which is:
a) wholly attributable to the fault of the Passenger.
b) the unforeseeable or unavoidable act or omission of a third par ty 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 par t of the 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 par t of the Cruise could not even with all due care have foreseen or forestalled.
12.2 For claims not involving personal injury, death or illness or which are not subject to the conventions referred to in 12.3 to 12.8 inclusive, the Company’s liability for improper performance of the Contract shall be limited to a maximum of twice the price which the affected Passenger paid for the Cruise (not including insurance premiums and amendment charges).
12.3 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 the Contract 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.
12.4 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 Conditions. 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.
12.5 Carriage of Passengers and their luggage by sea shall be governed by the Athens Convention 1974 (“the Athens Convention”) as subsequently amended in 1976. The Athens Convention is expressly incorporated into these Conditions and any liability of the Company and/or the Carrier for death or personal injury or for loss of or damage to luggage arising out of carriage by sea shall be solely determined in accordance with the Athens Convention. The Athens Convention limits the Carrier’s liability for death or personal injury or loss of or damage to luggage and makes special provision for valuables. It is assumed that luggage has been delivered undamaged to the Passenger unless the latter gives written notice to the Company or Carrier in the following terms:
a) in case of apparent damage, before or at the time of disembarkation or redelivery; or
b) in case of damage which is not apparent or of loss, within 15 days from the date of disembarkation or redelivery or from the time when such redelivery should have taken place. Any damages payable by the Company up to the Athens Convention limits shall be reduced in propor tion to any contributory negligence by the Passenger and by the maximum deductible specified in Ar ticle 8 (4) of the Athens Convention. Copies of the Athens Convention are available from the Company upon request.
12.6 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 the Athens Convention, and nothing in these Conditions 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.
12.7 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.
12.8 Except for claims arising out of carriage by air (as provided by 12.4), any liability in respect of death and personal injury and loss of and damage to luggage which the Company may incur to the Passenger, whether under the Contract in accordance with these Conditions or otherwise, shall always be subject to the limits of liability contained in the Athens Convention of 46,666 SDRs per Passenger for death/ personal injury.
12.9 Notwithstanding anything to the contrary elsewhere in these 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 oppor tunity nor for any other consequential or indirect loss or damage of a similar nature.
12.10 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 strife, 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 par ticipating in an unusual and dangerous activity and any other circumstance of any nature whatsoever outside the Company’s control.
12.11 Where the Company has any legal liability for loss of or damage to proper ty otherwise than in accordance with the Athens and or Montreal Conventions then its liability shall not at any time exceed £500 per passenger 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.

13. ITINERARY / RIGHT TO CHANGE
13.1 The Company reserves the right at its sole discretion and/or that of the Master of any vessel (which will not be exercised unreasonably) to decide whether to deviate from the adver tised or ordinary itinerary, to delay or anticipate any sailing, to omit or change scheduled por ts of call, to arrange for substantially equivalent carriage by another vessel, to tow or be towed or assist other vessels or to perform any similar act which, in its and/or Master’s sole discretion will deem advisable or necessary for the safety, of the Passenger, of the vessel and crew. In such circumstances the Company will be under no liability or obligation to the Passenger.

14. PASSENGER’S RESPONSIBILITY
14.1 Passenger has a duty to follow the instructions and orders of the Master and Officers while onboard.
The Passenger hereby accepts and agrees that Master and Officers have the title and authority to inspect any person onboard, cabin, baggage and belonging for safety, security or other lawful reasons.
14.2 The Passenger hereby expressly agrees to allow any such search.
14.3 Passengers must have received all necessary medical inoculations prior to the cruise and have in their possession all tickets, valid passpor ts, visas, medical cards and any other documents necessary for the scheduled por ts of call and disembarkation.
14.4 Each Passenger warrants that he/she is physically and mentally fit to under take the Cruise.
14.5 The Company and/or the Master have the right of refusing the boarding or order the disembarkation of any Passenger should they deem it necessary, for the safety, security, of the Passenger, of the other Passengers or of the ship or should the Passenger’s conduct which, in the reasonable opinion of the Master, is likely to endanger or impair the comfor t and enjoyment of other Passengers onboard.
14.6 No Passenger shall bring onboard any goods or ar ticles of dangerous nature, or any animals whatsoever.
14.7 The Company will be under no liability whatsoever to any Passenger in respect of any breach or non-observance by any Passenger of the provisions of this clause and any Passenger shall indemnify the Company against any loss or damage occasioned to the Company or any of its suppliers by such breach or non-observance.
14.8 Passenger’s behaviour must not affect and reduce the safety, peace and enjoyment of the cruise by other Passengers.
14.9 Passengers must not bring live animals, firearms, ammunition, explosives or flammable, toxic or dangerous substances onboard any vessel, without the written consent of the Company.
14.10 Passengers shall be liable for any damage suffered by the Company and/ or the Carrier and/or any Supplier of any service that forms par t of the Package as a result of the Passenger’s failure to comply with his contractual obligations. In par ticular, 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 par ties, and also for all penalties, fines and expenses attributable by the Passenger that the Company, Carrier or Supplier may be liable to pay.

15. FLIGHTS
15.1 The Company is unable to state the identity of the carrying airline or the aircraft type. All flights will be operated on scheduled or char tered services of recognised airlines.
In those circumstances the air ticket payment needs to be made by the Company in advance and is non-refundable under any circumstances. Cancellation by the Passenger at any time will result in the air fare cost being payable by that Passenger regardless of the cancellation provisions with regard to the cruise.
15.2 The Passenger will receive confirmation of flight timings and routes with their travel documents, which will be sent out approximately 7 days before depar ture. 15.3 For travel on dates other than those published in the brochure or on a par ticular carrier or routing a higher fare may apply in which case the Passenger will be notified before booking.
15.4 The Company is not the air carrier or an operating air carrier as defined by The Civil Aviation (Denied Boarding, Compensation and Assistance) Regulations 2005 (the “2005 Regulations”).
The obligations under these Regulations for compensation are exclusively those of the air carrier and/or operating air carrier and all claims relating to cancellation, delay or denied boarding in respect of air transpor tation must therefore be made to the relevant air carrier.
15.5 The Company shall have no liability under the 2005 Regulations such liabilities being entirely those of the air carrier to whom the Passenger must address all claims. In exercising their rights under the 2005 Regulations the Passenger must seek to take as much of the Contract as possible and must not prejudice the Company’s rights under these Booking Conditions or in law.
15.6 Where air carriage is included in the Contract, the Company will advise Passengers of flight timings from data supplied by the air carrier as par t of the holiday documentation. The flight schedule is for information only. The Passenger’s contract of carriage and the rights and obligations arising under it remain with the air carrier. It is the Passenger’s responsibility to ensure arrival at the airpor t in sufficient time to check in and board the aircraft.
15.7 If the Contract does not include flights, it is the Passenger’s responsibility to obtain a valid ticket direct from an air carrier suitable for and in time for travel to the vessel (and including local transfers which the Passenger must arrange). The Company shall not be responsible for any liabilities arising in respect of flights or transfers arranged by the Passenger.

16. COMPLAINTS
16.1 Any Passenger with a complaint whilst on a Cruise must bring it to the attention of the Cruise staff onboard as soon as possible. If the Cruise staff is unable to resolve the problem, any complaint must be notified in writing to the Company within 28 days of the termination of the Cruise. Failure to repor t the complaint within this time may adversely affect the Company’s ability to deal with it. Complaints relating to any other par t of a package must be made promptly to the Company or the supplier.

17. CONSUMER PROTECTION
17.1 The Company is a member of the Association of British Travel Agents (ABTA) and its consumer protection scheme and is bonded accordingly for all cruises sold in the UK.
17.2 The Company company complies with the bonding requirements of the Civil Aviation Authority, CAA licence number (4316), which protects all its Cruise packages sold with flights. As of 1st November 2009 the Air Passenger Duty, which is payable by all passengers depar ting from UK air por ts, is included in the price of your holiday. In the unlikely event of the company’s insolvency the Civil Aviation Authority will ensure that Passengers are not stranded abroad and will arrange to refund any money paid to the company for an advance booking. For fur ther information visit the ATOL website at www.atol.org.uk. Code de réservation: 1000839 Navire: MSC Armonia Mediterranean Please note that all monies paid by you to your travel agent are held by your travel agent as agent for the company, after confirmation of the booking by The Company. Under these schemes your money is protected in the unlikely event that the company should cease to trade and the same scheme provides for your repatriation in that event.

18. DATA PROTECTION
18.1 The Company requires personal information including but without limitation to name, address, gender, citizenship and dietary requirements which may disclose a Passenger’s religious beliefs, any health, medical disability, and any other special needs to process the passengers booking effectively. The Company may pass this information on to other relevant individuals such as travel agents, hotels, airlines or other transpor t providers, security and/or credit verification companies, credit and debit card companies or any governmental or public authorities, either as required by law or regulation or, if required by other such bodies. The company may also circulate a passenger list to all Passengers prior to the Cruise, which will include the names and nationality of each passenger.
18.2 The company is entitled to assume that the Passenger consents to such transfer of information, including to other countries which may not have such robust requirements regarding data protection as the UK, unless the passenger objects in writing to the Company no later than 7 days prior to the scheduled depar ture date.
18.3 It is your responsibility to make sure that information, which the company holds about you is up to date and accurate.
18.4 Our Data Protection Policy is set out in our Privacy Policy which is incorporated into these terms.

19. VARIATION
19.1 No variation of these terms shall be effective unless in writing and signed by the Company.

20. SMOKING POLICY
20.1 The Company respects the needs and desires of all Passengers, and have considered carefully the subject of those who smoke and those who do not. In compliance with global standards, smoking is freely permitted in dedicated areas throughout the ship and equipped with a special air extraction system.
20.2 In principle, smoking is not permitted in any food service areas (buffets and restaurants, the medical centres, child-care areas, corridors or elevator foyers, areas where Passengers are assembled in groups for safety exercises, disembarkation or tour depar tures, public toilets, or in bars close to areas where food is served.
20.3 The Company highly recommends Passengers avoid smoking in the cabins because of the risk of fire. Smoking on the cabin balconies is not allowed.
20.4 Smoking is permitted in several bars on each ship, and on one side (indicated by signage) of the principal outer pool deck areas, where ashtrays are provided.
20.5 Throwing cigarette butts over the side of the ship is prohibited.

21. LIABILITY OF EMPLOYEES, SERVANTS AND SUBCONTRACTORS
21.1 It is hereby expressly agreed that no servant or agent of the Company and or the Carrier, including the Master and crew of the cruise vessel concerned including independent subcontractors and their employees as well as the underwriters of these par ties shall in any circumstance whatsoever be under any liability whatsoever beyond these Booking Conditions and these par ties may invoke these General Booking Conditions and the Conditions of Carriage to the same extent as the Company and or the Carrier.
21.2. Shore Excursions are operated by independent contractors even if sold by Sales Agents or onboard the cruise ship. The Company shall not be responsible in any way for the services provided by such independent contractors. The Company operates as mere agent for the Shore excursion provider.The Company has no direct control over the shore excursion providers and their services hence in no case whatsoever will the Company be held liable for loss, damages and injuries suffered by the Passenger as a result of the negligent act or omission or otherwise of the Shore Excursion providers. The Company will exercise reasonable skill and care in the selection of a reputable Shore Excursion provider. In assessing performance and/or liability of Shore Excursion providers local laws and regulations will apply.

22. LAW AND JURISDICTION
22.1 These Terms and Conditions are subject to English Law and the exclusive jurisdiction of the Cour ts. Any action, suit or proceedings against the company and/or its employees shall, unless the Company expressly agrees otherwise in writing be brought in the English Cour ts and shall be subject to English law.

23. ERRORS, OMISSIONS AND CHANGES.
Every effor t has been made to ensure accuracy of the brochure content but cer tain changes and revisions may take place after the printing of this brochure. It is recommended to check with the travel agent or by visiting the Company’s website for the most up to date terms and conditions.

Carriers Standard Conditions of Carriage
You must carefully read the Conditions of Carriage which set out your rights, responsbilities and limitations to make claims against the carrier, its servants and/or agents. The Carrier’s liability is limited as set out in Clause 23.

1. CONSTRUCTION AND DEFINITIONS
PASSAGE CONTRACT” means the Contract of Carriage, that the Passenger has entered into with the Organiser, the terms of which are evidenced by the booking Conditions which incorporate these terms.
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.
VESSEL” means the Vessel named in the relevant passage contract or any substituted vessel owned or charterered or operated or controlled by the carrier.
“SHORE EXCURSION” means any excursion offered for sale by the Carrier for which a separate charge is payable whether booked prior to commencement of the cruise or onboard the vessel.
2. NON-TRANSFERABILITY AND AMENDMENT
(“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 its terms, conditions and limitations. All 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 authorised representative. The Passage Contract issued by the Organiser 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.
3. PARTIES DEFINED
All references to “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. “CARRIER” means the Owner and/or Charterer whether Bare Boat/Demise Charter, Time Charterer, Sub- Charterer or operator of the vessel to the extent that each of them acts as Carrier or performing Carrier. The term “The Carrier” includes C.I. Cruises International SA, its agents, servants, 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 “MASTER” is the Captain or person in charge of the carrying Vessel at any given point and commanding of the Cruise Ship.
“ORGANISER” 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 onboard the Vessel or other equivalent.
“MINOR” means any child under the age of 18.
4. OCCUPATION OF BERTHS AND CABINS
A Passenger shall not have the right to exclusive occupancy of a cabin with two (2) or more berths unless he has paid supplement for exclusive occupation. The Carrier reserves the right to transfer the Passenger from one cabin to another and may adjust the Fare accordingly. The Master or the Carrier may if it becomes advisable or necessary at any time transfer a Passenger from one berth to another.

5. MAINTENANCE DURING DELAY OR OVERSTAYING
5.1 Passengers who remain onboard after the arrival of the Vessel at its final Port of destination and after Passengers have been asked to disembark, will be required by the Carrier to pay for their maintenance at current rates for every night they remain onboard.
THESE CONDITIONS OF CARRIAGE SET OUT THE TERMS THAT GOVERN THE RELATIONSHIP, RESPONSBILITIES AND LIABILITIES AS BETWEEN THE PASSENGER AND THE CARRIER AND ARE BINDING ON THE PARTIES. THE PASSENGER HAS ENTERED INTO A PASSAGE CONTRACT WITH AN ORGANISER AND THESE CONDITIONS HAVE BEEN INCORPORATED INTO THE PASSENGER’S CONTRACT WITH THE ORGANISER. THESE TERMS AND 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. CARRIER’S STANDARD CONDITIONS OF CARRIAGE Mediterranean CONDITIONS OF CARRIAGE

6. PREMATURE TERMINATION OF THE CRUISE
6.1 At any time before or after commencement of the voyage and whether or not the Vessel may have deviated or have proceeded beyond the port of destination, the Carrier may by notice in writing to the Passenger or by advertising in the press or by any other suitable means terminate the cruise if the performance or further performance is hindered or prevented by causes beyond the control of the Carrier or if the Master or the Carrier consider that such termination is necessary for the management and/or safety of the vessel. 6.2 If the voyage is so terminated then the Carrier will not have any liability to the Passenger whose sole remedy will be against the Organiser pursuant to Council Directive 90-314-EEC 13th June 1990 or equivalent legislation and/or the Passage Contract.

7. DEVIATIONS, CANCELLATIONS AND DELAYS
7.1 The Cruise Ship’s operation is subject to weather conditions, mechanical problems, vessel traffic, government intervention, duty to assist other vessels in distress, availability of berth facilities, and other factors which may be beyond The Carrier’s control.
7.2 The Carrier does not guarantee that the Cruise Ship will call at every advertised port or follow any particular route or time schedule. The Master and The Carrier shall have an absolute right to change or substitute the advertised schedule, ports, itinerary or route, or substitute other ships, without notice. If a scheduled port of embarkation is substituted, The Carrier shall determine and arrange transportation to the substituted port at no extra expense for the Passenger.
7.3 Before the Voyage begins, The Carrier has the right to cancel the Voyage for any reason without notice if it considers that it is necessary to do so for the safety of the Vessel, or persons onboard.
7.4 The Carrier or the Master shall have the liberty to comply with any Order or Directions as to departure/ arrival routes, ports of call, stoppages, trans-shipment, discharge or destination or otherwise given by any government or any department or by any person acting or purporting to act with the authority of any government or any department thereof or by any war risks insurance association working under any government scheme in which the Vessel may be entered. Nothing done or not done under such orders or directions shall be deemed a deviation in law.
7.5 Any dates and/or times specified in any timetables or otherwise which may be issued by the Organiser and/or the Carrier are only approximate and may be altered by the Carrier at any time and to such extent as is considered necessary in the interest of the voyage as a whole.
7.6 If the Vessel shall be prevented or hindered by any cause whatsoever from sailing or proceeding in the ordinary course the Carrier shall be entitled to transfer the Passenger either to any other similar Vessel or with the consent of the Passenger to any other means of transportation bound for the Passenger’s place of destination.

8. EXTRA CHARGES
8.1 The Passenger shall pay in full all charges for goods and services incurred, or incurred by The Carrier on his behalf, before the end of the Voyage in any currency in general use onboard at the time of payment.
8.2 Alcoholic beverages, cocktails, softdrinks, mineral water and any medical expenses, any independent contractor services or products, shore excursions or any fees, charges or taxes imposed by any government agency shall be extra charges.
9. TRAVEL DOCUMENTS
9.1 The Passenger is responsible for and shall comply with any governmental travel requirements, laws or regulations for all ports of call on the Cruise Ship’s itinerary. All Passengers must present for inspection the Ticket and Contract, a valid Passport and any visa, entry or exit permit, required by any port on the Cruise Ship’s itinerary.
9.2 The Passenger, or if a Minor, his parents or guardian, shall be liable to the Carrier for any fines or penalties imposed on the Vessel or Carrier by any authorities for the Passenger’s failure to observe or comply with local governmental laws or regulations, including requirements relating to immigration, customs or excise.
9.3 The Carrier reserves the right to check and record details of such documentation. The Carrier makes no representation and gives no warranties as to the correctness as to any documentation, which is checked. 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, customs and health.
10. SECURITY
10.1 The Passenger shall present himself for boarding at least two (2) hours before scheduled departure to complete any pre-boarding procedures and security inspections.
10.2 For security reasons, the Passenger agrees that agents of The Carrier may search the Passenger, his luggage, and any accompanying property.
10.3 The Carrier shall have the right to confiscate any articles carried or contained in any luggage which The Carrier, in its sole discretion, considers dangerous or pose risk or inconvenience to the security of the Cruise Ship or persons on board.
10.4 Passengers are prohibited from bringing on board any articles that can be used as a weapon, explosives, illegal or dangerous goods.
10.5 The Carrier reserves the right to search any cabin, berth or other part of the Cruise Ship for security reasons at any time.
CARRIER’S STANDARD CONDITIONS OF CARRIAGE
You must carefully read the Conditions of Carriage which set out your rights, responsbilities and limitations to make claims against the carrier, its servants and/or agents. The Carrier’s liability is limited as set out in Clause 23.
1. CONSTRUCTION AND DEFINITIONS
“PASSAGE CONTRACT” means the Contract of Carriage, that the Passenger has entered into with the Organiser, the terms of which are evidenced by the booking Conditions which incorporate these terms. “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.
“VESSEL” means the Vessel named in the relevant passage contract or any substituted vessel owned or charterered or operated or controlled by the carrier.
“SHORE EXCURSION” means any excursion offered for sale by the Carrier for which a separate charge is payable whether booked prior to commencement of the cruise or onboard the vessel.
2. NON-TRANSFERABILITY AND AMENDMENT
(“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 its terms, conditions and limitations. All 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 authorised representative. The Passage Contract issued by the Organiser 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.
3. PARTIES DEFINED
All references to “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. “CARRIER” means the Owner and/or Charterer whether Bare Boat/Demise Charter, Time Charterer, Sub- Charterer or operator of the vessel to the extent that each of them acts as Carrier or performing Carrier. The term “The Carrier” includes C.I. Cruises International SA, its agents, servants, 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 “MASTER” is the Captain or person in charge of the carrying Vessel at any given point and commanding of the Cruise Ship.
“ORGANISER” 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 onboard the Vessel or other equivalent.
“MINOR” means any child under the age of 18.
4. OCCUPATION OF BERTHS AND CABINS
A Passenger shall not have the right to exclusive occupancy of a cabin with two (2) or more berths unless he has paid supplement for exclusive occupation.
The Carrier reserves the right to transfer the Passenger from one cabin to another and may adjust the Fare accordingly. The Master or the Carrier may if it becomes advisable or necessary at any time transfer a Passenger from one berth to another.
5. MAINTENANCE DURING DELAY OR OVERSTAYING
5.1 Passengers who remain onboard after the arrival of the Vessel at its final Port of destination and after Passengers have been asked to disembark, will be required by the Carrier to pay for their maintenance at current rates for every night they remain onboard.

THESE CONDITIONS OF CARRIAGE SET OUT THE TERMS THAT GOVERN THE RELATIONSHIP, RESPONSBILITIES AND LIABILITIES AS BETWEEN THE PASSENGER AND THE CARRIER AND ARE BINDING ON THE PARTIES. THE PASSENGER HAS ENTERED INTO A PASSAGE CONTRACT WITH AN ORGANISER AND THESE CONDITIONS HAVE BEEN INCORPORATED INTO THE PASSENGER’S CONTRACT WITH THE ORGANISER. THESE TERMS AND 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. CARRIER’S STANDARD CONDITIONS OF CARRIAGE Mediterranean CONDITIONS OF CARRIAGE

6. Mb>PREMATURE TERMINATION OF THE CRUISE
6.1 At any time before or after commencement of the voyage and whether or not the Vessel may have deviated or have proceeded beyond the port of destination, the Carrier may by notice in writing to the Passenger or by advertising in the press or by any other suitable means terminate the cruise if the performance or further performance is hindered or prevented by causes beyond the control of the Carrier or if the Master or the Carrier consider that such termination is necessary for the management and/or safety of the vessel. 6.2 If the voyage is so terminated then the Carrier will not have any liability to the Passenger whose sole remedy will be against the Organiser pursuant to Council Directive 90-314-EEC 13th June 1990 or equivalent legislation and/or the Passage Contract.
7. DEVIATIONS, CANCELLATIONS AND DELAYS
7.1 The Cruise Ship’s operation is subject to weather conditions, mechanical problems, vessel traffic, government intervention, duty to assist other vessels in distress, availability of berth facilities, and other factors which may be beyond The Carrier’s control.
7.2 The Carrier does not guarantee that the Cruise Ship will call at every advertised port or follow any particular route or time schedule. The Master and The Carrier shall have an absolute right to change or substitute the advertised schedule, ports, itinerary or route, or substitute other ships, without notice. If a scheduled port of embarkation is substituted, The Carrier shall determine and arrange transportation to the substituted port at no extra expense for the Passenger.
7.3 Before the Voyage begins, The Carrier has the right to cancel the Voyage for any reason without notice if it considers that it is necessary to do so for the safety of the Vessel, or persons onboard.
7.4 The Carrier or the Master shall have the liberty to comply with any Order or Directions as to departure/ arrival routes, ports of call, stoppages, trans-shipment, discharge or destination or otherwise given by any government or any department or by any person acting or purporting to act with the authority of any government or any department thereof or by any war risks insurance association working under any government scheme in which the Vessel may be entered. Nothing done or not done under such orders or directions shall be deemed a deviation in law.
7.5 Any dates and/or times specified in any timetables or otherwise which may be issued by the Organiser and/or the Carrier are only approximate and may be altered by the Carrier at any time and to such extent as is considered necessary in the interest of the voyage as a whole.
7.6 If the Vessel shall be prevented or hindered by any cause whatsoever from sailing or proceeding in the ordinary course the Carrier shall be entitled to transfer the Passenger either to any other similar Vessel or with the consent of the Passenger to any other means of transportation bound for the Passenger’s place of destination.

8. EXTRA CHARGES
8.1 The Passenger shall pay in full all charges for goods and services incurred, or incurred by The Carrier on his behalf, before the end of the Voyage in any currency in general use onboard at the time of payment.
8.2 Alcoholic beverages, cocktails, softdrinks, mineral water and any medical expenses, any independent contractor services or products, shore excursions or any fees, charges or taxes imposed by any government agency shall be extra charges.
9. TRAVEL DOCUMENTS
9.1 The Passenger is responsible for and shall comply with any governmental travel requirements, laws or regulations for all ports of call on the Cruise Ship’s itinerary. All Passengers must present for inspection the Ticket and Contract, a valid Passport and any visa, entry or exit permit, required by any port on the Cruise Ship’s itinerary.
9.2 The Passenger, or if a Minor, his parents or guardian, shall be liable to the Carrier for any fines or penalties imposed on the Vessel or Carrier by any authorities for the Passenger’s failure to observe or comply with local governmental laws or regulations, including requirements relating to immigration, customs or excise. 9.3 The Carrier reserves the right to check and record details of such documentation. The Carrier makes no representation and gives no warranties as to the correctness as to any documentation, which is checked. 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, customs and health.
10. SECURITY
10.1 The Passenger shall present himself for boarding at least two (2) hours before scheduled departure to complete any pre-boarding procedures and security inspections.
10.2 For security reasons, the Passenger agrees that agents of The Carrier may search the Passenger, his luggage, and any accompanying property.
10.3 The Carrier shall have the right to confiscate any articles carried or contained in any luggage which The Carrier, in its sole discretion, considers dangerous or pose risk or inconvenience to the security of the Cruise Ship or persons on board.
10.4 Passengers are prohibited from bringing on board any articles that can be used as a weapon, explosives, illegal or dangerous goods.
10.5 The Carrier reserves the right to search any cabin, berth or other part of the Cruise Ship for security reasons at any time.
11. HEALTH AND FITNESS TO TRAVEL
11.1 The Passenger warrants that he is fit to travel by sea and that his conduct or condition will not impair the safety of the Cruise Ship or inconvenience the other Passengers.
11.2 Any passenger with a condition that may affect his fitness to travel must submit a physician’s certificate prior to departure.
11.3 If it appears to The Carrier, the Master or the Cruise Ship’s Doctor that a Passenger is for any reason unfit to travel, likely to endanger health or safety, or likely to be refused permission to land at any port, or likely to render The Carrier liable for Passenger maintenance, support or repatriation, then The Carrier or the Master shall have the right to take any of the following courses: (i) Refuse to embark the Passenger at any port; (ii) Disembark the Passenger at any port; (iii) Transfer the Passenger to another berth or cabin; (iv) If the Cruise Ship doctor considers it advisable, to place him/or confine him in the Cruise Ship’s Hospital or to transfer the Passenger to a health facility at any port, at the Passenger’s expense (v) to administer first aid and administer any drug, medicine or other substance or to admit and/or confine the Passenger to a hospital or other similar institution at any port provided that the ship’s doctor and/or Master considers that any such steps are necessary.
11.4 Where a Passenger is refused embarkation as a result of health and or fitness to travel, the Carrier shall not be liable for any loss or expense occasioned to the Passenger thereby, nor shall the Passenger be entitled to any compensation from the Carrier.
11.5 The Vessel has a limited number of cabins equipped for disabled persons. Not all areas or equipment on the Vessel are accessible to disabled persons or suitable for access to disabled persons.
11.6 The Carrier reserves the right to refuse passage to anyone who has failed to notify it of such disabilities or who in the Carrier’s and or Master’s opinion is unfit or unable to travel or anyone whose condition may constitute a danger to themselves or others onboard.
11.7 Passengers who need assistance and/or have special requests or need special facilities or equipment must notify the Organiser at the time of booking. The Carrier is not obliged to provide any assistance or meet special requests unless the Carrier has agreed to do so in writing.
11.8 Those Passengers confined to wheelchairs must furnish their own standard size wheelchairs and must be accompanied by a travelling companion fit and able to assist them. The ship’s wheelchairs are available for emergency use only.
11.8 Any Passenger who embarks, or allows any other Passenger for whom he or she is responsible to embark, when he or she or such other Passenger is suffering from any sickness, disease, injury or infirmity bodily or mental or to his or her knowledge has been exposed to any infection or contagious disease, or for any other reason is likely to impair the health, safety or reasonable comfort of other persons onboard or for any reason is refused permission to land at his or her port of destination shall be responsible for any loss or expense incurred by the Carrier or the Master directly or indirectly in consequence of such sickness, disease, injury, infirmity, exposure or refusal or permission to land unless in the case of sickness, disease, injury, infirmity or exposure the same has been declared in writing to the Carrier or the Master before embarkation and consent in writing of the Carrier or the Master to such embarkation has been obtained.
11.10 Pregnant women are highly recommended to seek medical advice prior to travel at any stage of their pregnancy. Women who are up to 28 weeks pregnant at the end of the cruise are required to produce a medical certificate of fitness to travel. The Carrier cannot for health and safety reasons carry pregnant Passengers of 28 weeks or more at the time of embarkation. The Carrier reserves the right to request a medical certificate at any stage of pregnancy and to refuse passage if the Carrier and/or the Master are not satisfied that the Passenger will be safe during the passage.
11.11 Failure to inform the Carrier and the Vessel’s doctor of pregnancy will release the Carrier from any liability to the pregnant Passenger.
11.12 The ship’s doctor is not qualified to delivery babies onboard or to offer pre or post natal treatment and no responsibility is accepted by the Carrier in respect of the ability to provide such services or equipment. Pregnant Passengers are referred to the section herein headed medical treatment for information regarding the medical facilities onboard.
12. PASSENGER’S CONDUCT
12.1 The health and safety of the Vessel and all those onboard is of paramount consideration. Passengers must pay attention to and comply with all regulations and notices relating to the safety of the Vessel, her crew and passengers, the terminal facilities and immigration requirements.
12.2 Passengers must at all times conduct themselves in a manner which respects the safety and privacy of other persons onboard.
12.3 Passengers must comply with any reasonable request made by any member of staff, the Master or his officers.
12.4 All Passengers must take care for their safety whilst walking on outside decks. Passengers and children should not run around the decks or other parts of the Vessel.
12.5 Passengers’ luggage must not be left unaccompanied at any time. Unaccompanied luggage may be removed and/or destroyed.
12.6 The Passenger shall not bring onboard the Vessel any goods or articles of an imflamable or dangerous nature, nor any controlled or prohibited substance. Breach of these conditions and regulations shall render the Passenger strictly liable to the Carrier for any injury, loss, damage or expense and/or to indemnify the Carrier against any claim, final penalty arising from such breach. The Passenger may also be liable for statutory fines and/or penalties.
12.7 In order to ensure our health and security standards it is strictly forbidden to bring food and beverage onboard the vessels of our fleet. In compliance with this regulation and in order to guarantee the above standards, during embarkation a careful check control will be carried out through all passengers luggage. The items that are allowed are: Personal hygiene products like toothpaste, cleansing products, lotions, fluid medications for therapeutic use, baby gear and baby food items, dietary items: prescribed by a physician. Any local or “ typical “ food item purchased during the cruise in any port of call will be collected and returned at the end of the cruise.
12.8 The Passenger will in any event be liable for any injury loss or damage occasioned by the breach and must indemnify the Carrier against any claim in respect thereof.
13. ANIMALS/PETS
13.1 Animals and/or pets are not allowed onboard the Vessel under any circumstances without the Carrier’s permission in writing. Any such animals or pets brought onboard by the Passenger without permission 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.
13.2 Whilst 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 the Master or Carrier is liable to the Passenger in respect of any loss of injury to the pet or animal whilst in the Carrier’s possession/custody.
14. LIQUOR
14.1 Liquor, including wines, spirits, beer or other liquers are available for purchase onboard the vessel at fixed prices. Passengers are not permitted to take onboard any such liquors for use during the voyage, whether for consumption in their own cabins or otherwise.
14.2 The Carrier and/or its Servants and/or Agents may conviscate alcohol brought onboard by Passengers.
14.3 The Carrier and/or its Servants and/or Agents may refuse to serve a Passenger alcohol or further alcohol
where in their reasonable opinion the Passenger is likely to be a danger and/or nuisance to himself, other passengers and/or the Vessel.

15. MINORS
15.1 The Carrier does not accept unaccompanied Minors. Minors will not be allowed to embark unless they are accompanied by a parent or guardian. Adult Passengers travelling with a Minor shall be fully responsible for that Minor’s conduct and behaviour. Minors may not order or consume alcoholic beverages or participate in gambling. When voyages include a port located in the U.S.A. the same conditions apply for passengers under age 21.
15.2 Minors onboard must be supervised by a parent or guardian at all times and are welcome at the activities onboard or at shore excursions provided that a parent or guardian is present. Children cannot remain onboard if their parents or guardians go ashore.
15.3The adult passengers shall be liable to the Carrier and shall reimburse it for loss, damage or delay sustained by the Carrier because of any act or omission of the Passenger or minor Passenger.
15.4 Minor Passengers are subject to all the terms contained in the Conditions of Carriage.

16. MEDICAL SERVICES BY INDEPENDENT CONTRACTORS
16.1 Medical services are available on board the Cruise Ship as a convenience to the Passenger. The Cruise Ship’s doctor and medical personnel are independent contractors and are entitled to charge Passengers for hospitalisation, any medical services and medicines provided. The Cruise Ship’s doctor and medical personnel are not under the Master’s control for treating Passengers, and The Carrier shall not be liable in any way for medical services or medicines provided or not provided.
16.2 Medical facilities onboard and in the various ports of call may be limited. The Carrier shall not be liable in any way for referring guests ashore for medical services or for the actual medical services rendered ashore. In the event that medical attendance of any kind or ambulance assistance, whether on shore, at sea or by air is required and is provided or ordered by the Carrier or the Master or the doctor, the Passenger concerned shall be liable for the full charge or cost thereof and shall indemnify the Carrier upon first deman of any costs incurred by the Carrier, its Servants or Agents. Passengers who by reason of illness or through any other cause require special or extra accommodation or special or extra attention during the course of the voyage will be charged accordingly.

17. MEDICAL TREATMENT 17.1 It is the Passenger’s obligation and responsibility to seek medical assistance from the qualified doctor onboard the Vessel as and when necessary during the cruise.
17.2 The cruise ship’s doctor is not a specialist and the ship’s medical centre is not required to be and is not equipped to the same standards as a land-based hospital. The Vessel carries medical supplies and equipment as required by its flag state. Neither 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.
17.3 In the event of illness or accident, Passengers may have to be landed ashore by the Carrier and/or Master for medical treatment. The Carrier makes no representations regarding the quality of medical treatment at any port of call or at the place at which the Passenger is landed.
17.4 Passengers are advised to ensure that their insurance covers medical treatment.
17.5 The Carrier accepts no responsibility whatsoever in relation to medical facilities provided ashore.
17.6 Medical facilities and standards vary from port to port and makes no representations or warranties in relation to such standards.

18. OTHER INDEPENDENT CONTRACTORS
The Cruise Ship carries on board service providers who operate as independent contractors. Their services and products are charged as extras. The Carrier is not responsible for their performance or products. These contractors may include, hairdresser, manicurist, masseuse, photographer, entertainer, fitness instructors, shopkeepers and others providing services. The limitations referred to in clauses 23 shall apply to all independent contractors.

19. TRAVEL PACKAGES AND SHORE EXCURSIONS
Hotel accommodation and all transport (other than The Carrier’s Cruise Ship) included in Package Tours or Shore Excursions, are operated by independent contractors even if sold by Agents or Organisers on board the Cruise Ship. “Package” shall have the same meaning as contained in the European Union and Council directive of 13 June 1990 on Package Holidays and Package Tours (90/314/EEC). The Carrier shall not be responsible in any way for the conduct, products or services provided by such independent contractors.

20. PASSENGER’S LUGGAGE AND PERSONAL PROPERTY
20.1 Each Passenger is permitted to carry on board two (2) suitcases and two (2) pieces of hand luggage. The Passenger agrees to pay The Carrier’s current rate for any excess luggage.
20.2 Passenger’s luggage and property shall include only personal belongings, and any commercial property shall be subject to an additional charge.
20.3 The Carrier shall not be responsible for any fragile or perishable property carried by the Passenger.
20.4 No animals or birds are permitted on board, except assistance dogs licensed to Passengers with disabilities providing The Carrier has given its separate consent at the time the Ticket was purchased. The Passenger shall have full responsibility for such dogs.
20.5 Passengers with their own wheel chairs must check that suitable accommodations areavailable at the time of booking, and a written addendum is signed by the Passenger and Company and is added to the Ticket and Contract. The Passenger agrees to, and should arrange for another Passenger to assist him during the Voyage.
20.6 All luggages must be securely packed and distinctly labelled. The Carrier shall not be liable for loss, damage or delay in delivery of any luggage, if luggage is not sufficiently labelled.
20.7 The Carrier shall not be liable for loss or damage to Passenger’s luggage or propertywhile in the custody or control of stevedores or other independent shore side contractors.
20.8 All luggages must be claimed upon arrival of the Cruise Ship at final port or it will be stored at Passenger risk and expense.
20.9 The Passenger shall not be liable to pay or receive any General Average contribution in respect of baggage or personal effects or property.
20.10 The Carrier shall have 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 been become due by the Passenger to the Carrier or to its Servants, Agents or Representatives.

21. PASSENGERS’ LIABILITY FOR DAMAGE
The Passenger shall be liable for and shall reimburse the Carrier for any damage to the Vessel and/or its furnishings or equipment or any other property of the Carrier caused by any wilful or negligent act or omission by the Passenger or any person for whom the Passenger is responsible including, but not limited to, children under the age of 18 travelling with a Passenger.

22. FORCE MAJEURE & EVENTS BEYOND THE CARRIER’S CONTROL
The Carrier shall not be liable for any loss, injury, damage, or inability to perform the Voyage arising from any Force Majeure circumstances such as, but not limited to: war, terrorism, actual or threatened, fire, natural disasters, Acts of God, labour strikes, bankruptcy, failure of subcontractors to perform, or any other events beyond The Carrier’s control and or any events which are unusual and/or unforeseeable.

23. LIABILITY The liability (if any) of The Carrier for damages suffered as a result of death or personal injury to the Passenger, or loss or damage to luggage shall be subject to the following limitations and shall be determined in accordance with the following:
23.1 The International Convention relating to the Carriage of Passengers and their luggage by Sea, adopted in Athens on 13 December 1974 and its 1976 Protocol, (the “Athens Convention”) shall apply. The provisions of the Athens Convention are hereby expressly incorporated into the Terms and Conditions of Carriage. A copy of the Athens Convention is available on request. You may download a copy from the internet at www.imo.org
(i)The Carrier shall be entitled to the benefit of all the limitations, rights and immunities provided by the Athens Convention including the full deductible under Aricle 8(4) of the Athens Convention.
(ii)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 1976 Protocol.
(iii) Liability of The Carrier for loss of or damage to Passenger’s luggage or other property shall not exceed 833 SDR per Passenger. It is agreed that such liability of The Carrier shall be subject to a deductible of 13 SDR 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
(IV). If any provision of these Conditions of Carriage are rendered null and void by the Athens Convention, such invalidity shall be limited to the particular clause and not to the Conditions of Carriage.
23.2 The Carrier’s liability in relation to death and/or personal injury is limited and shall in no circumstances whatsoever exceed the limits of liability set out under the Athens Convention. 23.3 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 Convention. The limits of liability under the Terms of the Convention shall be applicable to the Carrier’s Servants and/or Agents and/or Independent Contractors in accordance with Article 11 of the Convention. Any damages payable by the Carrier shall be reduced in proportion to any contributory negligence by the Passenger as provided in Article 6 of the Athens Convention.
23.4 It is presumed under the Athens Convention 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.
23.5 If the carriage provided hereunder is not “international carriage” as defined in Article 2 of the Athens Convention or the Vessel is being used as a floating hotel, the remaining provisions of the Athens Convention shall apply to this contract and be deemed to be incorporated herein mutatis mutandis.
23.6 The Carrier shall not be liable for loss or damage to any valuables such as monies, negotiable securities, precious metal items, jewelry, 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.
(ii) Extra charges are: 1 % of declared value for a Voyage 1 to 7 days; 2% of declared value for a Voyage 8 to 21 days; 3% of declared value for a Voyage 22 days and over. If the value of any luggage or property is misrepresented, The Carrier’s liability for loss or damage to the property shall not exceed U.S. $100.
(iii) 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 The Carrier. If the Cruise Ship is arrested or attached, then the ship and The Carrier shall have the right to any limitation and all defences available herein.
23.7 In addition to the restrictions and exemptions from the liability provided in the Conditions of Carriage, the Carrier shall have full benefit of any applicable laws providing for limitation and/or exhoneration 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 Conditions of Carriage is intended to operate to limit or deprive the Carrier of any such statutory or otherwise limitation or exhoneration 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.
23.8 Without prejudice to the provisions of 23.1 to 23.7 above, if any claim is brought against the Carrier in any jurisdiction where the applicable exemptions and limitations incorporated in these Conditions of Carriage are held to be legally enforceable then 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 Carrier’s own negligence or fault.

24. EMOTIONAL/DISTRESS
No compensation is payable by the Carrier to any Passenger for any emotional stress and/or mental anguish for any reason whatsoever. No compensation is payable by the Carrier for psychological injury of any kind save where legally recoverable against the Carrier as a result of any injury caused by an accident due to the fault or neglect of the Carrier.

25. SHORE EXCURSIONS
The Terms and Conditions of Carriage, including limitation of liability are applicable to the shore excursions purchased, whether in the form of a ticket coupon or voucher, whether prior to embarkation or from the Carrier after embarkation.

26. APPLICABLE LAW
The applicable law for these Conditions of Carriage shall be Italian law.

27. JURISDICTION
27.1 For all claims against the Carrier shall be brought in and be subject to the exclusive jurisdiction of the Courts of Naples, Italy.

28. NOTICES OF CLAIMS
(A)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 Master whilst onboard the Vessel.
(B) Notices of claim for death, illness, emotional stress or personal injury, with full particulars in writing shall be given to The Carrier and the Cruise Ship within six (6) months (185 days) after the date such death, injury, or illness occurring. Such notice shall be sent by registered mail to:

CLAIMS DEPARTMENT MSC Crociere
VIA A. DEPRETIS 31-80133,
NAPLES,
ITALY.

(C)Notices of Claim for loss or damage to luggage or other property shall be given to The Carrier in writing before or at the time of disembarkation, or if not apparent, within fifteen (15) days from the date of disembarkation. Notice shall be sent by registered mail to the address in Clause 28 (B) above.

29. TIME LIMITS FOR FILING SUIT
(A) All claims against The Carrier or the Cruise Ship for death, illness, emotional stress or personal injury to a Passenger or for loss or damage to luggage or other property shall be time barred as follows: All claims shall be time barred after two (2) years from the date of disembarkation as provided by Article 16 of the Athens Convention. For claims involving a Passenger under age 18 or an incompetent person, time shall be calculated from the date of the appointment of a legal representative. In such cases, such appointment must in any case be made within three (3) days after such injury or death.
(B) All other actions, including any tort or breach of contract against The Carrier and the Cruise Ship, shall be time barred after six (6) months (185 days), from the Passenger’s disembarkation.