Terms & Conditions
Any agreement between a Customer (as defined below) and Global Sea Entertainment S.A. (“Global Sea Entertainment”) for any Service (as defined below) offered by Global Sea Entertainment shall be deemed to include these Booking Conditions and Customers undertake to fulfil the obligations contained within these Booking Conditions.
In these Booking Conditions:
“Carrier” means MSC Cruise Management (UK) Limited or, as the case may be, another member of the corporate group of MSC Cruise SA;
“Customer” means a customer who reserves and/or books one or more Services offered by Global Sea Entertainment;
“Date of Sale” means the date when bookings for the MDRNTY Cruise can first be made;
“Destination Services” means the offering of tickets to events or tourist attractions at travel destinations, such as (but not limited to) concerts or guided tours;
“Master” means the captain or other person in charge of the vessel;
“MDRNTY Cruise” is a music cruise holiday featuring entertainment from various DJs and activities on board; and
“Services” means services offered by Global Sea Entertainment, such as (but not limited to) a MDRNTY Cruise, transport services, accommodation services and Destination Services.
NATURE OF MDRNITY CRUISE
Headlining artists will be performing numerous shows aboard the vessel throughout the MDRNTY Cruise. Global Sea Entertainment shall use its reasonable endeavours to ensure that there is no difference in the shows and presentations, though it cannot guarantee that the Customer will be able to attend each and every performance. Individual artists will be present at advertising and promotional shows throughout the MDRNTY Cruise where the Customer will have an opportunity without guarantee to meet the artists personally. Global Sea Entertainment shall use its reasonable endeavours to ensure that MDRNTY Cruise proceeds as planned and advertised. However, Global Sea Entertainment reserves the right to cancel and change part or all of the MDRNTY Cruise (including, without limitation, the entertainment programme and the activities).
CHANGES & CANCELLATION OF MDRNTY CRUISE
Global Sea Entertainment shall use its best endeavours to ensure that MDRNTY Cruise proceeds as planned and advertised. However, Global Sea Entertainment reserves the right to cancel, postpone and change part or all of the MDRNTY Cruise (including, without limitation, the itinerary, the ports of embarkation and disembarkation and the dates of embarkation, sailing and disembarkation) if, in the opinion of Global Sea Entertainment, the Carrier or the Master, such cancellation, postponement and/or change is advisable or necessary or simply cannot be avoided after Global Sea Entertainment having used its reasonable endeavours, at any time prior to, on or after the sailing date.
In the event of such a cancellation, postponement and/or change taking place after embarkation, Global Sea Entertainment shall NOT be responsible for any loss or expenses caused to Customers or third parties by reason of such cancellation, postponement or change. Global Sea Entertainment shall use its reasonable endeavours to provide alternative arrangements such as a later sailing date and/or vessel and/or itinerary. NO REFUNDS will be made to Customers who elect not to complete the MDRNTY Cruise with the alternative arrangements for any reason whatsoever.
In the event of a cancellation, postponement and/or change taking place before embarkation, Global Sea Entertainment shall NOT be responsible for any loss or expenses caused to Customers or third parties by reason of such cancellation, postponement or change. Global Sea Entertainment shall use its reasonable endeavours to provide alternative arrangements such as an alternative sailing date and/or vessel and/or itinerary. NO REFUND will be made to Customers who elect not to take part to the MDRNTY Cruise with the alternative arrangements for any reason whatsoever.
In the event that Global Sea Entertainment, using its reasonable endeavours, is unable to providealternative arrangements and the MDRNTY Cruise is cancelled, Customers will receive a full refund of the amounts paid to Global Sea Entertainment for the MDRNTY Cruise.
For the avoidance of doubt, Global Sea Entertainment shall not be responsible for any loss or expense incurred by a Customer or a third party as a result of the cancellation of the MDRNTY Cruise or as a result of a change in sailing date and/or vessel and/or itinerary (including, without limitation, the ports of embarkation and disembarkation) and/or entertainment programme and/or Services.
GLOBAL SEA ENTERTAINMENT ACCOUNT
Each Customer is required to sign up for a MDRNTY Cruise account on our website. This account is used to keep track of the Customer’s booking details and the information in the account will not be shared with any third party organisation.
PRIORITY & EARLY BOOKING
Booking during the Early Booking Period or the Priority Booking Period (both as defined below) guarantees the lowest rates for each cabin category.
Early booking is available for 4 weeks from and including the Date of Sales (the “Early Booking Period”). Bookings made during the Early Booking Period benefit from a special price as specified at the time of booking.
Priority booking is available for Customers who have signed up to a MDRNTY Cruise account on our website prior to the Date of Sales. Such Customers benefit from a priority booking opportunity during the period of 48 hours prior to the start of the Early Booking Period (the “Priority Booking Period”). Bookings made during the Priority Booking Period benefit from a special price as specified at the time of booking.
Cabins can accommodate two to five persons. All cabin prices are per person and are based, as the case may be, on two to five people sharing. Subject to availability, single occupancy cabins can be booked at the double occupancy rate.
In the event that a cabin is not booked for its full capacity, or in the event of cancellation by one or more Customers in respect of a cabin also booked by other Customer(s), the price per person advertised and based on full occupancy will be adjusted upwards, and calculated as the rate for full occupancy divided by the actual number of Customers in that cabin.
A Customer can request to participate to the Roommate Partnering Programme, in which case Global Sea Entertainment will use its reasonable endeavours to find one or more Customers of the same sex to share a cabin. If no other person is found to share a cabin with the Customer, the Customer shall pay the full occupancy rate of a double cabin. These provisions apply mutantis mutandis in the case of the booking of a larger cabin by two or more Customers.
If one or more Customer(s) of a cabin booking fail(s) to pay any amount due or cancel(s) its/their booking, the price per person for the remaining Customer(s) will be adjusted upwards, and calculated as the rate for full occupancy divided by the actual number of Customers in that cabin. New Customer(s) can replace cancelled Customer(s) subject to the Change Admin Fee (as defined below).
Global Sea Entertainment reserves the right to adjust prices upwards and downwards with immediate effect without notice. Any such price adjustment will not affect any booking made prior to the price adjustment. Bookings made after any such price adjustment will be at the new prices.
All prices include port fees, gratuities, ticketing fees and value-added tax but are exclusive of any other applicable sales, use, value-added, excise or other taxes, duties, fees or charges (whether applicable at the time of booking or thereafter).
In the event that the cost of fuel increases between the time of booking and the date of embarkation, a fuel surcharge will be payable by each Customer for the MDRNTY Cruise. The fuel surcharge will be added to the Customer’s account, not to exceed €100 per person, and will be calculated as the pro rata share of each Customer (subject to a maximum of €100 per person) of any increased cost of fuel payable by Global Sea Entertainment to the Carrier for the charter of the MDRNTY Cruise ship above a bunker price of US$305 per metric ton at the port of Genoa on the date of embarkation.
PAYMENT AND CONFIRMATION OF BOOKING
Customers have the option, save as specified below, of choosing payment in full at the time of booking or an instalment plan with the first instalment being due at the time of booking. The choice of payment must be made at the time of booking.
A booking will only be confirmed upon receipt by Global Sea Entertainment of the first instalment of the price (if the option of payment by instalment is available and has been chosen by the Customer) or, as the case may be, of the price in full.
Payment in Full at the time of booking: Customers have the option to pay the price in full at the time of booking.
Payment by Instalments: Customers have the option to pay for any booking made on or prior to 26th April 2017 in up to four instalments, the first instalment being due and payable at the time of booking and each subsequent instalment being due and payble on the 26th of each following month. Any bookings made after 26th April 2017 must be paid in full at time of booking.
Customers are required to log into their accounts in order to make each instalment payment. Email reminders will be sent out a week before the instalment due date. Instalments will not be automatically deducted from a Customer’s registered debit/credit card on file.
Any payment not received by its due date is subject to a late fee of €50 per Customer.
Any payment not received within seven days of its due date will result in the automatic cancellation of the booking in accordance with our cancellation policy.
METHOD OF PAYMENT
Global Sea Entertainment accepts VISA, MasterCard, American Express and Maestro credit/debit cards.
AMENDMENTS, CHANGES AND ADDITIONS TO CUSTOMER DETAILS
Any amendment to a booking, including the name of the Customer, are complimentary until 26th April 2017.
After 26th April 2017, all changes will be subject to a €150 administrative fee per person and per change (the “Change Admin Fee”). Any changes to a booking must be made through Global Sea Entertainment.
There can be no name change after 16th August 2017.
Notwithstanding the above, it is not permitted at any time to change a booking in order to downgradee the category of cabin to one of lower price.
CANCELLATION POLICY AND REINSTATEMENT POLICY
Bookings cancellations received by Global Sea Entertainment 121 or more days prior to the scheduled sailing date will be subject to a cancellation charge of €150.
Bookings cancelled 120 days or less prior to the scheduled sailing date will be subject to a cancellation charge equal to 100% of the full price and fees and other amounts payable according to these Booking Conditions.
No refund will be made if a Customer voluntarily or involuntarily does not show up for the MDRNTY cruise or terminates the MDRNTY cruise in progress.
Any payment not received within seven days of its due date will result in the automatic cancellation of the booking.
Customers may reinstate their cancelled booking subject to availability. There will be a €150 reinstatement fee per Customer. There can be no reinstatement after 16th August 2017.
To cancel or reinstate a reservation, Customers must email email@example.com, mentioning the reservation number and the name of the Customer.
BREACH OR CANCELLATION BY ARTIST
Global Sea Entertainment will enter into an agreement with each performing artist on the MDRNTY Cruise to be present on board the MDRNTY Cruise and to perform in accordance with terms specified therein. However, Global Sea Entertainment will not be held responsible for any failure of any artist to appear or perform on board. In the event of any failure of by an artist to appear or perform as planned, Global Sea Entertainment, in its sole discretion, may employ an alternate artist or artists, or may change, reschedule or end all or any part of the MDRNTY Cruise or the entertainment programme or adjust the programme. In such an event, Global Sea Entertainment will have no liability to any Customer for any loss, damage or expenses caused.
FORCE MAJEURE AND OTHER
Global Sea Entertainment shall not be responsible for any loss, injury, damage, cost or inability to perform the MDRNTY Cruise as planned caused directly or indirectly by any Force Majeure event, such as (without limitation) acts of God, war, terrorism (actual or threatened), fire, natural disasters, crash, bankruptcy, failure of subcontractors to perform their obligations, instructions of underwriters, custody order by any kind of governmental or official authority, acts of violence, labour disturbances or disputes, civil disorder, weather conditions and measures taken for the security of the vessel (for which the Master will be the ultimate authority and decision-maker), failure of or damage to the vessel ’s hull or equipment, seizing ship by any governmental or official authority, sickness, death of a family associate or other reason or circumstance beyond Global Sea Entertainment’s and any events which are unusual and/or unforeseeable.
All Customers MUST BE 18 years at the date of embarkation in order to board MDRNTY Cruise. Confirmation of age will be verified at embarkation and if a Customer does not meet the age criteria, he/she will be prevented from embarking and no refunds will be made.
Animals and/or pets are not allowed onboard the vessel under any circumstances. Any such animals or pets brought onboard will be taken into custody and arrangements will be made for the animal to be landed at the next convenient port of call at the Customer’s sole expense.
There is a no smoking policy which applies throughout the MDRNTY Cruise ship except in designated smoking areas on the MDRNTY Cruise ship. Ashtrays are to be used at all times while smoking in the designated smoking areas. No smoking of any kind, shall be permitted in cabins or outside on balconies. Any Customers who are found in violation of the smoking policy in their cabin will be fined per occurrence. Charges will appear on the Customers on-board account and must be paid prior to disembarkation.
ZERO TOLERANCE POLICY
There is a ZERO TOLERANCE policy concerning the use, ownership, buy or supply of illegal prohibited substances. Any violation of this policy will result in disembarkation from the vessel and the individuals involved will be handed over to the local law enforcement authorities for further legal action. In such case Global Sea Entertainment will not be responsible for any refund or any other kind of compensation.
Customers acknowledge and agree that they will not sit on any railing, enter any prohibited area, or otherwise endanger themselves by their own negligence, including but not limited to being impaired by the use of alcohol, and/or under the influence of any controlled substance. Global Sea Entertainment reserves the right to discontinue alcohol sales to any Customer at any time. Global Sea Entertainment urges all Customers to drink responsibly at all times and cannot be responsible for actions that result from the over-consumption of alcohol.
All Customers may be required to sign a form acknowledging and agreeing to the drug zero tolerance policy, responsible consumption of alcohol policy, conduct policy and disembarkation and voyage termination policies set forth herein before being permitted to embark on the MDRNTY Cruise ship for MDRNTY Cruise. In the event any Customer sustains an accident or injury while on board, they may be requested to submit to drug and alcohol testing. Any refusal to submit to such tests shall result in the presumption that the Customers were under the influence of drugs and/or alcohol at the time of the incident, and that such refusal shall give Global Sea Entertainment the right to disembark the Customers from the vessel at the next port of call with no refund and no return passage.
VENDING OF ANY KIND IS PROHIBITED AT MDRNTY CRUISE. No merchandise of any kind (T-shirts, hats, posters, jewellery or anything else) can be sold during the MDRNTY Cruise. Anyone found in violation will have any unauthorized merchandise confiscated.
Customers who have a physical or mental disability or a medical condition must notify Global Sea Entertainment IN WRITING AT THE TIME BOOKING IS MADE (firstname.lastname@example.org) or at the time the medical condition is discovered, whichever comes first. This information may be forwarded to the ship’s doctor for review. Failure to provide such information prior to sailing may lead to the cancellation of the booking, subject to our cancellation policy. If sufficient time is NOT provided to make adequate determination of medical conditions or requirements, Global Sea Entertainment reserves the right to revoke or refuse passage to anyone who may, in the sole judgment of the ship’s doctor or other medical doctor, require treatment, care or attention beyond that which the ship’s facility can provide or whose mental or physical condition may make them unable to take part to the MDRNTY Cruise, subject to our cancellation policy.
Customers requiring a special diet or with physical disabilities must notify Global Sea Entertainment in writing (email@example.com) of their requests at least 45 days prior to sailing. There is no guarantee that the special dietary request will be met. In relation to medical equipment that the Customer intends to bring on board, it is the responsibility of the Customer to arrange delivery to the docks prior to departure of all medical equipment. The requirement for Customers to notify at the time of booking if they need to have medical equipment on board is to ensure that the medical equipment can be carried and/or carried safely. It is the Customer’s responsibility to ensure that all medical equipment is in good working order and for arranging enough equipment and supplies to last the entire voyage. The ship does not carry any replacement and access to shore side care and equipment may be difficult and expensive. Customers must be able to operate all equipment. If there are any particular conditions, Disabled or reduced mobility Customers that require personal care or supervision then such personal care or supervision must be organised by the Customer and at the Customer’s expense. The vessel is unable to provide or arrange respite services, one to one personal care or supervision or any other form of carer for physical or psychiatric or other conditions.
Pregnant women are highly recommended to seek medical advice prior to travel at any stage of their pregnancy. Women who are up to 23 weeks pregnant at the end of the MDRNTY Cruise are required to produce a medical certificate of fitness to travel. The MDRNTY Cruise line cannot for health and safety reasons allow passage for pregnant Customers of 24 weeks or more at the time of embarkation. The MDRNTY Cruise line reserves the right to refuse passage if the Master is not satisfied that the Customer will be safe during the MDRNTY Cruise. Failure to inform Global Sea Entertainment of the pregnancy will release Global Sea Entertainment from any liability to the pregnant Customer.
Global Sea Entertainment expressly reserves the right to refuse boarding rights to any Customer who appears to be in any advanced state of pregnancy and shall have no liability in respect of such refusal.
HEALTH AND FITNESS TO TRAVEL
Customers warrant that they are fit to travel by sea and that their conduct or condition will not impair the safety of the MDRNTY Cruise ship or inconvenience the other Customers. Any Customer with a condition that may affect his/her fitness to travel is strongly encouraged to check with their personal physician regarding their ability to travel and to obtain a written physician’s certificate of Customer’s fitness for an international sea voyage. If it appears to Global Sea Entertainment, the Master or the ship’s doctor in their sole discretion that a Customer 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 Global Sea Entertainment liable for Customer maintenance, support or repatriation, then Global Sea Entertainment or the Master shall have the right to take any of the following courses and Global Sea Entertainment shall have no further liability to the Customer: (i) refuse to embark the Customer at any port; (ii) disembark the Customer at any port; (iii) transfer the Customer to another berth or cabin; (iv) if the ship’s doctor considers it advisable, to place and confine the Customer in the ship’s infirmary, to the Customer’s cabin or any other cabin, or to transfer the Customer to a health facility at any port, all at the Customer’s expense. Customer acknowledges that travel by sea involves certain risks and hazards including motion of the vessel by sea conditions and the delay and/or impossibility of immediate evacuation from the vessel in the event of a medical emergency depending on the vessel’s location and prevailing sea and weather conditions. Global Sea Entertainment shall have no liability in the event the Customer is refused passage, disembarked, confined to the infirmary or their cabin, or transferred to another berth or cabin pursuant to this section.
It is the Customer’s obligation and responsibility to seek medical assistance from the ship’s doctor as and when necessary during the MDRNTY Cruise. The 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 Global Sea Entertainment, nor the ship’s doctor shall be liable to the Customer as a result of any inability to treat any medical condition as a result.
The MDRNTY Cruise ship has an on-board infirmary staffed by medical professionals that is equipped to handle most emergencies and routine medical procedures. The infirmary has medication for seasickness and other commonly distributed medication. A fee will be charged for on-board medical services. If the situation exceeds the capacity of the on-board infirmary, you will be transferred to medical facilities on shore.
Global Sea Entertainment strongly recommends that Customers purchase travel insurance. Customers are advised to ensure that their insurance covers medical treatment, including any emergency repatriation costs.
Medical services are available on board the MDRNTY Cruise ship as a convenience to Customers. The ship’s doctor and medical personnel are independent contractors and/or vendors and are entitled to charge Customers for any medical services and medicines provided. The ship’s doctor and medical personnel are not under Global Sea Entertainment’s control for treating Customers, and Global Sea Entertainment shall not be liable in any way for medical services or medicines provided or not provided.
Medical facilities on-board and in the various ports of call may be limited. Global Sea Entertainment shall not be liable in any way for referring Customers ashore for medical services or for the actual medical services rendered on-board or ashore.
Global Sea Entertainment shall not be responsible to provide wheelchairs or other mobility devices. Customers who require such devices must supply their own or make arrangements to have one delivered on-board prior to their embarkation. Customers using wheelchairs or other mobility assistance devices are responsible to check that suitable accommodations are available at the time of booking and should verify with Global Sea Entertainment the particular dimensions of the requested cabin, including but not limited to door widths, and other vessel accessibility features. Global Sea Entertainment supports the right of persons with disabilities to travel on-board its MDRNTY Cruise.
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 Global Sea Entertainment, the Carrier, the Master or the ship’s doctor, the Customer concerned shall be liable for the full charge or cost thereof and shall indemnify Global Sea Entertainment upon first demand of any costs incurred by Global Sea Entertainment , its servants or agents. Customers 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 MDRNTY Cruise will be charged accordingly.
DAMAGE TO THE MDRNTY CRUISE SHIP OR EQUIPMENT
Any Customer action, which results in damages of any kind to the MDRNTY Cruise ship or MDRNTY Cruise equipment, is the responsibility of the Customer; replacement costs will be determined and assessed to the Customer prior to their disembarkation. In the event the damage is not discovered until after disembarkation, and the damage is within a Customer cabin, the Lead Customer shall be liable to Global Sea Entertainment for the replacement costs for the damage therein.
AUTHORITY OF THE MASTER TO TERMINATE VOYAGE
In the event the Master determines, at his sole discretion, that the Customers’ conduct, intoxication or activity therein endangers the MDRNTY Cruise ship or reduces the ability of the vessel to safely muster Customers in the event of emergency, the Master shall have absolute discretion to discontinue the voyage and return the vessel to its port of embarkation, in which case Global Sea Entertainment and the MDRNTY Cruise line shall have no further liability to Customers for any claims related to such termination of voyage.
Customers agree to indemnify and hold harmless Global Sea Entertainment from any and all claims that may arise in the event the Master takes such action.
ADDITIONAL MDRNTY CRUISE LINE TERMS & CONDITIONS
Customers are also bound by the terms and conditions set forth in the MDRNTY Cruise ticket documentation and by the Carrier’s Standard Conditions of Carriage (the « Carrier’s Standard Conditions of Carriage ») set out at the end of these Booking Conditions.
In addition, the Carrier’s Standard Conditions of Carriage (with the exception of Conditions 12, 25, 26 and 27) are incorporated by reference into these Booking Conditions and all references therein to the « Carrier » shall be deemed, for the purpose of these Booking Conditions, to include a reference to Global Sea Entertainment. In the event of a discrepancy between a provision in these Booking Conditions and a provision in the Carrier’s Standard Conditions of Carriage as amended by incorporation herein, the Carrier’s Standard Conditions of Carriage as amended by incorporation herein shall prevail.
RIGHTS OF USE
Global Sea Entertainment reserves the right to incorporate any pictorial, record and other illustration portrayals of Customer in any photographic means of any nature for the intention of buying and selling, marketing, trading, promotion or otherwise, without compensation to Customer(s), and all rights, titles and interest therein will be Global Sea Entertainment’s sole property, free from any claims by Customer(s) or any person deriving any rights or interest from Customer(s) whatsoever.
Global Sea Entertainment is resolutely committed to guaranteeing a Customer’s privacy and applies the following rules to the collection and use of personal data, which the Customer is deemed to agree to when making a booking with Global Sea Entertainment.
Customers’ data, including photos/images and audio/video recordings, will be processed for purposes such as (i) concluding, managing and implementing contractual relations between Global Sea Entertainment and the Customer; (ii) purposes linked to fulfilling legal obligations, regulations, national and international standards, as well as those arising from provisions issued by the authorities and to this end justified by law; (iii) activities closely linked to and instrumental in managing relations with Customers and for ensuring the provision of services; (iv) compiling statistics on Customer profiles, useful in developing products and services that better meet the requirements of Customers; (v) sending personalised offers, invitations to events of different kinds, as well as information and marketing communications, by post, electronic mail, SMS and fixed-line phones; (vi) nominative profiling activities (analysis of consumption patterns to develop marketing strategies, including customised approaches); and (vii) promotional and commercial activities by companies belonging to the Global Sea Entertainment corporate group or by third parties, partners of Global Sea Entertainment.
The processing of data to achieve these purposes is necessary for ensuring the proper management of contractual relations, in addition to fulfilling the purposes indicated above. The processing of a Customer’s data may involve their respective collection, recording, retention, modification, communication and/or deletion; this will be carried out either using print media, or by electronic and telematic means, in such a way as to guarantee the data’s integrity and confidentiality, as well as to comply with the methods stipulated and the minimum security measures prescribed by applicable law. A Customer’s data will not be disseminated and may be disclosed, for the above-mentioned purposes, to staff responsible for processing them in order to organise activities, to companies belonging to the same corporate group as Global Sea Entertainment, people, companies, associations or professional bodies that provide services or support and consulting activities for the Global Sea Entertainment corporate group and other entities, including the port authorities at the point of disembarkation. The entities belonging to the above-mentioned categories shall utilise the data as independent data controllers under the law and with full autonomy.
Global Sea Entertainment shall not be liable for any loss, injury, damage, or inability to host MDRNTY Cruise arising from any Force Majeure circumstances including, but not limited to: war, terrorism, fire, natural disasters, communicable diseases or epidemics such as norovirus and avian influenza, Acts of God, labour strikes, bankruptcy, inability to procure fuel, Acts of State, failure of subcontractors to perform, or any other events beyond Global Sea Entertainment’ reasonable control. Global Sea Entertainment shall not be liable to the Customer and the Customer shall not be entitled to any refund if the Customer is unable to reach the scheduled port of embarkation due to airline strikes, cancelled flights or other natural conditions of the earth or weather which make it difficult or impossible for the Customer to travel to the vessel’s port of embarkation.
LIMITATION OF LIABILITY
All Customers expressly understand and agree that any claim against us shall be limited to the amount Customers have paid, if any, for use of products and/or services. Global Sea Entertainment will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by Customers as a result of using our service, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply. It is understood and acknowledged that Global Sea Entertainment is an outside, independent promoter and does not retain the MDRNTY Cruise operator. In consideration of participating and attending MDRNTY Cruise, the Customer voluntarily assume all risks while on the MDRNTY Cruise and release Global Sea Entertainment of and from any and all liability, actions, causes of action, suits, injury or death, loss or damage of property, claims, attorney’s fees and demands whatsoever that may be sustained by the Customer at MDRNTY Cruise. This release shall be binding upon you, and your heirs, next of kin, executors and personal representatives. Global Sea Entertainment cannot be held responsible for changes on the MDRNTY Cruise that vary from what is noted on MDRNTY Cruise website at the time of purchase or anytime leading up to the event or during the event. The MDRNTY Cruise operated under the direction of the MDRNTY Cruise operator may change their offerings at their own discretion and retains the right to do so. Global Sea Entertainment will do our best to please Customers of MDRNTY Cruise, but does not control the actions of the MDRNTY Cruise operator and acts only as a third party producing an event on their property. Any issues arising between Customers and the MDRNTY Cruise pertaining to MDRNTY Cruise matters shall be taken up with the MDRNTY Cruise directly, and while Global Sea Entertainment may assist on our Customers’ behalf, ultimately Global Sea Entertainment cannot be held responsible for actions, incidents, policies, or procedures that are employed by the MDRNTY Cruise operator. The Customers’ decision to purchase and make a payment for MDRNTY Cruise constitutes their acknowledgment of and consent to all of the terms and conditions of MDRNTY Cruise (including without limitation these Booking Conditions), including the limitations of liability described in it, and the Carrier’s Standard Conditions of Carriage.
All content and materials available on www.mdrntycruise.com including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Global Sea Entertainment, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Global Sea Entertainment.
CUSTOMERS REPRESENTATIONS AND WARRANTIES TO GLOBAL SEA ENTERTAINMENT
Without limiting anything set forth in these terms and conditions, Customers hereby represent and warrant that (a) Customer will not violate any applicable laws, ordinances and/or regulations at or in connection with MDRNTY Cruise and/or activities corresponding to your transactions with Global Sea Entertainment and/or via MDRNTY Cruise website; (b) Customer is of sufficient legal age and authority to enter into any transaction with Global Sea Entertainment and/or via MDRNTY Cruise’s website, to attend MDRNTY Cruise, and to create legal binding obligations for any liability you may incur as a result of entering into this agreement; (c) Customer is an authorized user of the credit or debit card used to enter into any transaction with Global Sea Entertainment and/or via MDRNTY Cruise’s website; (d) Customer shall at all times be in compliance with any and all terms, conditions, policies and rules set forth by Global Sea Entertainment and/or any applicable third party; (e) Customer has obtained any and all passports, visas, health information and/or other permission necessary in connection with his/her transaction with Global Sea Entertainment and/or via the MDRNTY Cruise’s website; and (f) Customer will not attempt to charge back his/her purchase with his/her bank or credit card company.
Any attempt by Customer to charge back any or part of the purchase price or other charges incurred in connection with MDRNTY Cruise, shall allow Global Sea Entertainment to (a) cancel Customer’s booking for the then-current or any future MDRNTY Cruise MDRNTY Cruise, or (b) refuse to accept any booking for any upcoming MDRNTY Cruise MDRNTY Cruise(s).
If you have any questions or comments about these Terms and Conditions as outlined above, you may email us at (firstname.lastname@example.org). Please refer to our website for full contact details.
These Booking Conditions shall be governed by the laws of Switzerland. Any dispute, controversy or claim arising out of or in relation to these Booking Conditions, including the validity, invalidity, breach or termination thereof, shall be submitted to the exclusive jurisdiction of the competent courts of Sion, Switzerland, subject to appeal to the Swiss Federal Supreme Court where available.
CARRIER’S STANDARD CONDITION OF CARRIAGE
The following Carrier’s Standard Conditions of Carriage (with the exception of Conditions 12, 25, 26 and 27) are incorporated by reference into these Booking Conditions and all references therein to the « Carrier » shall be deemed, for the purpose of these Booking Conditions, to include a reference to Global Sea Entertainment. In the event of a discrepancy between a provision in these Booking Conditions and a provision in the Carrier’s Standard Conditions of Carriage as amended by incorporation herein, the Carrier’s Standard Conditions of Carriage as amended by incorporation herein shall prevail.
The performing Carrier is MSC Cruise Management (UK) Limited of 5 Roundwood Avenue, Stockley Park, Uxbridge,UB11 1AF.
These Conditions of Carriage set out the terms that govern the relationship, responsibilities and liabilities as between the Customer and the Carrier and are BINDING ON THE PARTIES. The Customer has entered into a Passage Contract with an Organiser and these conditions have been incorporated into the Customer’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.
You must carefully read these Conditions of Carriage which set out your rights, responsibilities and limitations to make claims against the Carrier, its servants and/or agents. The Carrier’s liability is limited as set out in Clauses 22 and 23.
- CONSTRUCTION AND DEFINITIONS
All references to the "CUSTOMER" (singular) shall include the plural. Customer includes the purchaser of the Passage Contract and any person or persons named on the relevant passage ticket including Minors.
“CARRIER” means MSC Cruise Management (UK) Limited and for the purposes of these Conditions of Carriage includes the owner and/or charterer whether bare boat/demise charter, time charterer, sub-charterer, manager or operator of the Vessel
The term the “Carrier” includes the Carriers, the carrying vessel (the “Cruise Ship”), its owner, charterer, manager, operator, any tenders or other means of transport provided by the Carrier to the Customer.
‘DISABLED PERSON’ or ‘PERSON WITH REDUCED MOBILITY” (also “PRM”) means any person whose mobility when using transport is reduced as a result of any physical disability (sensory or locomotor, permanent or temporary) intellectual or psychosocial disability or impairment, or any other cause of disability, as a result of age, and whose situation needs appropriate attention and adaption to his particular needs for the service made available to all Customers.
“LUGGAGE” means any baggage, packages, suitcases, trunks or other personal items belonging to or carried by any Customer, including cabin luggage, hand luggage and articles worn by or carried on the persons of the Customer or deposited with the purser for safe custody.
The "MASTER" is the Captain or person in charge of the carrying Vessel at any given point and commanding of the Cruise Ship.
“MINOR” means any Customer under the age of 18.
“ORGANISER” is the party with which the Customer 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.
“PASSAGE CONTRACT” means the contract of carriage, which the Customer has entered into with the Organiser, the terms of which are evidenced by the Booking Conditions, which incorporate these terms.
‘CUSTOMER’ means each and every person named either on the booking confirmation, or on the invoice, or on a ticket including Minors.
“SHORE EXCURSION” means any excursion operated by third-party contractors and offered for sale by the Organiser or the Carrier, for which a separate charge is payable, whether booked prior to commencement of the cruise or onboard the Vessel.
“VESSEL” means the vessel named in the relevant passage contract or the substituted vessel owned, chartered, operated and/or controlled by the Carrier.
2. NON-TRANSFERABILITY AND AMENDMENT
The Carrier agrees to transport the person named in the Ticket (the “Customer”) on the specific voyage (the “Voyage”) on named or substitute Vessels. The Customer 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 Customer or Customers for whom it is issued, for the date and Vessel indicated or any substitute Vessel and is not transferable.
3. OCCUPATION OF BERTHS AND CABINS
A Customer 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 Customer 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 Customer from one berth to another.
4. MAINTENANCE DURING DELAY OR OVERSTAYING
4.1 Customers who remain onboard after the arrival of the Vessel at its final port of destination and after Customers 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.
5. PREMATURE TERMINATION OF THE CRUISE
5.1 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 Customer, 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 or persons onboard.
5.2 If the voyage is so terminated then the Carrier will not have any liability to the Customer whose sole remedy will be against the Organiser pursuant to Council Directive 90-314-EEC 13 June 1990 or equivalent legislation and/or the Passage Contract.
6. DEVIATIONS, CANCELLATIONS AND DELAYS
6.1 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.
6.2 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 or disembarkation is substituted, the Carrier shall determine and arrange transportation to or from the substituted port at no extra expense for the Customer.
6.3 Before the Voyage begins, the Carrier has the right to cancel the Voyage for any reason even without prior notice if it considers that it is necessary to do so for the safety of the Vessel, or persons on board.
6.4 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.
6.5 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.
6.6 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 Customer either to any other similar Vessel or with the consent of the Customer to any other means of transportation bound for the Customer’s place of destination.
7. EXTRA CHARGES
7.1 The Customer shall pay in full all charges for goods and services incurred, or incurred by the Carrier on his/her behalf, before the end of the Voyage in any currency in general use on board at the time of payment.
7.2 Alcoholic beverages, cocktails, soft drinks, 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 unless otherwise stated as included at the time of purchase of the cruise.
8. TRAVEL DOCUMENTS
8.1 The Customer is the sole 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 Customers 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.
8.2 The Customer (or, if a Minor, his/her 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 Customer’s failure to observe or comply with local governmental laws or regulations, including requirements relating to immigration, customs or excise.
8.3 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 of any documentation, which is checked. Customers 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.
9.1 The Customer shall present him/herself for boarding, according to the instructions provided, before scheduled departure to complete any pre-boarding procedures and security inspections.
9.2 For security reasons, the Customer agrees that agents of the Carrier may search the Customer, his/her Luggage, and any accompanying property.
9.3 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 poses risk or inconvenience to the security of the Cruise Ship or persons on board.
9.4 Customers are prohibited from bringing on board any articles that can be used as a weapon, explosives, illegal or dangerous goods.
9.5 The Carrier reserves the right to search any cabin, berth or other part of the Cruise Ship for security reasons at any time.
10. FITNESS TO TRAVEL
10.1 In order to ensure that the Carrier is able to carry Customers safely and in accordance with applicable safety requirements established by international, EU or national law or in order to meet safety requirements established by competent authorities, including flag state, the Customer warrants that he/she is fit to travel by sea and that his/her conduct or condition will not impair the safety of the Cruise Ship or inconvenience other persons on board.
10.2 If it appears to the Carrier, the Master or the Cruise Ship's doctor that a Customer is for any reason unfit to travel, likely to endanger safety, or likely to be refused permission to land at any port, or likely to render the Carrier liable for Customer maintenance, support or repatriation, then the Carrier or the Master shall have the right to take any of the following courses: (i) To refuse to embark the Customer at any port; (ii) To disembark the Customer at any port; (iii) To transfer the Customer to another berth or cabin; (iv) If the Cruise Ship doctor considers it advisable, to place or confine him/her/her in the Cruise Ship's Hospital or to transfer the Customer to a health facility at any port, at the Customer's expense (v) to administer first aid and administer any drug, medicine or other substance or to admit and/or confine the Customer 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.
10.3 Unless provided under any applicable law, where a Customer is refused embarkation as a result of safety and/or fitness to travel, the Carrier shall not be liable for any loss or expense occasioned to the Customer thereby, nor shall the Customer be entitled to any compensation from the Carrier.
10.4 The Vessel has a limited number of cabins equipped for Disabled persons. Not all areas or equipment on the Vessel are suitable for access to Disabled Persons or Persons with Reduced Mobility.
10.5 The Carrier reserves the right to refuse passage to anyone who has failed to notify it of their specific needs with regard to accommodation, seating or services required from the Carrier or terminal operator, or their need to bring medical equipment, or to bring a recognised assistance dog on board the Vessel, or of any other known 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 on the grounds of safety. 10.6 Customers who need assistance and/or have special requests, or need special facilities or equipment with regard to accommodation, seating or services required or their need to bring medical and mobility equipment, must notify the Organiser at the time of booking. This is to ensure that the Customer can be carried safely and in accordance with all applicable safety requirements. In order to ensure that the Carrier can provide the necessary assistance and there are no issues relating to the design of the Customer ship or port infrastructure and equipment – including port terminals – which may make it impossible to carry out the embarkation, disembarkation or carriage of the Customer in a safe or operationally feasible manner. The Carrier is not obliged to provide any assistance or meet special requests unless the Carrier has agreed to do so in writing. If the Customer cannot be carried safely and in accordance with applicable safety requirements then the Carrier can refuse to accept a Customer or embarkation of a Disabled Person or Person with Reduced Mobility on the grounds of safety.
10.7 Those Customers confined to wheelchairs must furnish their own standard size wheelchairs. The ship’s wheelchairs are available for emergency use only.
Where the Carrier considers it strictly necessary for the safety of the Customer it may require a Disabled Person or Persons with Reduced Mobility to be accompanied by another person or a recognised assistance dog (according to clause 12.3) who is capable of providing the assistance required by the Disabled Person or Person with Reduced Mobility. This requirement will be based entirely on the Carrier assessing the need of the Customer on grounds of safety and may vary from Vessel to Vessel and/or itinerary to itinerary.
10.8 Where any mobility or other equipment is lost or damaged by the fault or neglect of the Carrier then it is the Carrier’s absolute decision as to whether to repair or replace such equipment. Unless the Carrier agrees otherwise and in writing, Customers are limited to bringing two (2) items of such mobility or medical equipment on board per cabin with a total value not exceeding £ 2,200. All equipment must be capable of being carried safety and must be declared before the cruise. The Carrier may decline to carry such equipment where it is not safe to do so or where it has not been notified in time to enable a risk assessment to be carried out.
10.9 Any Customer who embarks, or allows any other Customer for whom he or she is responsible to embark, when he/she or such other Customer is suffering from any sickness, disease, injury or infirmity bodily or mental or to his/her or her knowledge has been exposed to any infection or contagious disease, or for any other reason is likely to impair the safety or reasonable comfort of other persons onboard or for any reason is refused permission to land at his/her 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.
10.10 The Carrier reserves the right to require any Customer to produce medical evidence of fitness to travel in order to assess whether that Customer can be carried safely in accordance with applicable international, EU or national law.
10.11 Pregnant women are highly recommended to seek medical advice prior to travel at any stage of their pregnancy. The Carrier cannot,for safety reasons, carry pregnant Customers of 24 weeks or more by the end of the cruise. 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 Customer will be safe during the passage.
10.12 Failure to inform the Carrier and the Vessel’s doctor of pregnancy will release the Carrier from any liability to the pregnant Customer.
10.13 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 Customers are referred to the section herein headed “Medical Treatment” for information regarding the medical facilities onboard.
10.14 In some ports, it is necessary to anchor offshore rather than alongside. When this is the case, the Carrier will use a tender to take Customers ashore. A tender is a small vessel and may not be suitable for persons with Disabilities or Reduced Mobility or balance problems. When using tenders, safety is the utmost priority. It is important that Customers are able to use the tender safely. Customers may be required to descend to a platform or pontoon and into the tender. There may be steps both up and down and Customers may need to navigate a gap between the platform and the tender (which can be approximately 1.5ft). Depending on weather, tide and sea conditions, there may be some movement, which could change throughout the course of the day. Customers must be fit and mobile enough to access and disembark the tender. If Customers have impaired mobility, or use a mobility aid such as a stick, then they must carefully consider their ability to embark the tender safely before making their way down to the platform. Customers must take into consideration the use of steps, the possibility of a gap and height difference between the platform and the tender, and the potential sudden movement of the tender when making a decision. Wheelchairs and mobility scooters, will not be carried by the crew into the tender. All Customers must be independently mobile enough to use the tenders. Ultimately, carriage by tender may be refused by the Master or any of his officers if there is any doubt as to the safety of any Customer.
All Customers must take extra care when stepping on and off the tender. There will be crew members there to guide and steady Customers as they embark and disembark but they cannot support, lift or carry Customers. The same precautions apply when Customers disembark the tender in the port.
11. CUSTOMER’S CONDUCT
11.1 The safety of the Vessel and all those onboard is of paramount consideration. Customers must pay attention to and comply with all regulations and notices relating to the safety of the Vessel, her crew and Customers, the terminal facilities and immigration requirements.
11.2 Customers must at all times conduct themselves in a manner which respects the safety and privacy of other persons onboard.
11.3 Customers must comply with any reasonable request made by any member of staff, the Master or his/her officers.
11.4 All Customers must take care for their safety whilst walking on outside decks. Customers and children should not run around the decks or other parts of the Vessel.
11.5 Customers’ Luggage must not be left unaccompanied at any time, unless different and reasonable instructions are given from the staff. Unaccompanied Luggage may be removed and/or destroyed.
11.6 The Customer shall not bring onboard the Vessel any goods or articles of an inflammable or dangerous nature, nor any controlled or prohibited substance. Breach of these conditions and regulations shall render the Customer 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 Customer may also be liable for statutory fines and/or penalties.
11.7 In order to ensure safety and security standards, it is strictly forbidden to bring food and beverage onboard the Vessels. In compliance with this regulation during embarkation checks may be carried out on Customers Luggage. The items that are allowed are: personal hygiene products, 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 should be deposited with the Vessel or will be collected and returned at the end of the cruise.
11.8 The Customer will in any event be liable for any injury, loss or damage occasioned by their breach of any of the prohibitions in these Conditions of Carriage and must indemnify the Carrier against any claim in respect thereof.
12.1 Animals and/or pets other than recognised assistance dogs 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 Customer 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 Customer’s sole expense.
12.2 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 nor Carrier is liable to the Customer in respect of any loss or injury or death to the pet or animal whilst in the Carrier’s possession/custody.
12.3 Recognised assistance dogs are subject to and must comply with national and EU Regulations regarding health, inoculations, training and travel. It is the Customer’s responsibility to have all necessary papers and check the position prior to the cruise and to be satisfied that the assistance dog can be carried to the ports of embarkation and disembarkation and that the dog is not prohibited from going ashore at the various ports of call.
13.1 Alcoholic drinks, including wines, spirits, beer or other liqueurs are available for purchase onboard the Vessel at fixed prices. Customers are not permitted to bring onboard any such drinks for use during the voyage, whether for consumption in their own cabins or otherwise. Alcoholic drinks in any form will not be sold to Minors during the cruise. When the itinerary includes one or more ports located in the U.S.A., the same conditions will apply for any Customers under the age 21. It is the responsibility of the individual Customer and any accompanying adults (being adults those over the age of 21 in case the legal age is 21) to ensure such legal age limits are complied with.
The Carrier reserves the right to raise the minimum age for purchasing and/or consuming alcoholic drinks, as well as revoke or otherwise restrict any drinking privileges, when local laws require or permit such changes.
13.2 The Carrier and/or its servants and/or agents may confiscate alcohol brought onboard by Customers.
13.3 The Carrier and/or its servants and/or agents may refuse to serve a Customer alcohol or further alcohol where in their reasonable opinion the Customer is likely to be a danger and/or nuisance to himself/herself, other Customers and/or the Vessel.
14.1 All the provisions of clause 10 and the requirement of fitness to travel are applicable to all Customers including Minors.
14.2 The Carrier does not accept unaccompanied Minors. Minors will not be allowed to embark unless they are accompanied by a parent or guardian or any other authorized person. Adult Customers 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. For the purposes of consuming alcoholic beverages and participation in gambling only, when the itinerary includes one or more ports located in the U.S.A., the same conditions herewith provided for Minors will apply for any Customers under the age of 21. It is the responsibility of the Customer and any accompanying adults (being adults those over the age of 21 in case the legal age is 21) to ensure such legal age limits are complied with.
14.3 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, unless expressly authorized by the on board staff.
14.4 The adult Customers 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 Customer or Minor Customer in the care of the adult.
14.5 Minor Customers are subject to all the terms contained in the Conditions of Carriage.
15. MEDICAL SERVICES BY INDEPENDENT CONTRACTORS
15.1 Medical services are available on board the Cruise Ship as a convenience to the Customer. The Carrier is entitled to charge Customers for hospitalisation, any medical services and medicines provided. The Cruise Ship's doctor and medical personnel are not under the Master's or Carrier’s control for treating Customers.
15.2 Medical facilities onboard and in the various ports of call may be limited. The Carrier, Master or doctor 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 Customer concerned shall be liable for the full charge or cost thereof and shall indemnify the Carrier upon first demand of any costs incurred by the Carrier, its servants or agents.
16. MEDICAL TREATMENT
16.1 It is the Customer’s obligation and responsibility to seek medical assistance from the qualified doctor onboard the Vessel as and when necessary during the cruise.
16.2 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 Customer as a result of any inability to treat any medical condition as a result.
16.3 In the event of illness or accident, Customers 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 Customer is landed.
16.4 Customers are advised to ensure that their insurance covers medical treatment, including any emergency repatriation costs.
16.5 Medical facilities and standards vary from port to port and the Carrier makes no representations or warranties in relation to such standards.
16.6 In relation to medical equipment which the Customer intends to bring on board it is the responsibility of the Customer to arrange delivery to the docks prior to departure of all medical equipment.
16.7 The requirement for Customers to notify at the time of booking if they need to have medical equipment on board is to ensure that the medical equipment can be carried and/or carried safely.
16.8 It is the Customer’s responsibility to ensure that all medical equipment is in good working order and for arranging enough equipment and supplies to last the entire voyage. The ship does not carry any replacement and access to shore side care and equipment may be difficult and expensive.
16.9 Customers must be able to operate all equipment. If there are any particular conditions, Disabled or Reduced Mobility Customers which require personal care or supervision then such personal care or supervision must be organised by the Customer and at the Customer’s expense. The Vessel is unable to provide or arrange respite services, one to one personal care or supervision or any other form of carer for physical or psychiatric or other conditions.
17. 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 22 and 23 shall apply to all independent contractors.
18. 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.
19. CUSTOMER'S LUGGAGE AND PERSONAL PROPERTY
19.1 Guests are encouraged to limit their checked Luggage to two suitcases and two pieces of hand Luggage per person.
During the positioning cruises, the above guidelines represent the maximum limit allowed per person, provided that, in any case, the maximum amount of Luggage in each cabin does not exceed 100 kg and/or 8 pieces among all Customers in the same cabin.
Prams and wheelchairs are always allowed but must be kept in cabins and must not block any exits when in use around the Vessel.
All Luggage is to be kept in the cabin, keeping all exits free of any obstacles.
19.2 Customer's Luggage and property shall include only personal belongings, and any commercial property shall be subject to an additional charge.
19.3 The Carrier shall not be responsible for any fragile or perishable property carried by the Customer.
19.4 No animals or birds are permitted on board, except for recognised assistance dogs licensed to Disabled Customers or PRM, according to clause 12.3. The Customer shall have full responsibility for such dogs.
19.5 Customers with their own wheelchairs must check that suitable accommodations are available at the time of booking, and a written addendum is signed by the Customer and Company and is added to the Ticket and Contract. If medical- mobility- or other equipment is required this must be notified at the time of booking or within a reasonable time prior to the Cruise to enable the Carrier to assess whether such equipment can be carried safely. It is the Customer’s responsibility to ensure that such equipment is in good working order and that the Customer can operate such equipment.
19.6 All Luggage 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.
19.7 The Carrier shall not be liable for loss or damage to Customer's Luggage or property while in the custody or control of stevedores or other independent shore side contractors.
19.8 All Luggage must be claimed upon arrival of the Cruise Ship at final port or it will be stored at Customer risk and expense.
19.9 The Customer shall not be liable to pay or receive any general average contribution in respect of Luggage or personal effects or property.
19.10 The Carrier shall have a lien upon and the right to sell by auction or otherwise, without notice to the Customer, any Luggage or other property belonging to any Customer in satisfaction of unpaid monies or of any other monies which may in any way have become due by the Customer to the Carrier or to its servants, agents or representatives.
20. CUSTOMERS’ LIABILITY FOR DAMAGE
The Customer 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 Customer or any person for whom the Customer is responsible including, but not limited to, Minors
travelling with a Customer.
21. FORCE MAJEURE & EVENTS BEYOND THE CARRIER'S CONTROL
Except as provided by law,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.
22. LIABILITY OF THE CARRIER
The liability (if any) of the Carrier for damages suffered as a result of death or personal injury to the Customer, or loss or damage to luggage shall be determined in accordance with the following:
22.1 The International Convention relating to the Carriage of Customers and their luggage by Sea 1974 (The Athens Convention 1974) or where applicable The Athens Convention 2002, as adopted by EU Regulation 392/2009 Concerning the Rights of Customers when travelling by sea in the event of Accidents (EU Regulation 392/2009), shall apply to international carriage by sea where the port of embarkation or disembarkation is in the EU or where the vessel has an EU flag or where the contract of carriage is made in the EU .
The Athens Convention 2002 where ratified and applicable to the contract of carriage shall apply where EU 392/2009 does not apply.
For bookings where the Athens Convention 2002 does not apply and which are not made in the EU or the Vessel does not have an EU flag or and where the first port of embarkation or the final port of disembarkation is not in the EU and the cruise does not start, finish or call at any US port then the provisions of the Athens Convention 1974 shall apply to international carriage by sea andare hereby expressly incorporated into these conditions of carriage.
Copies of the Athens Convention 1974 , 2002 and EU Regulation 392/2009 are available on request and can be downloaded from the Internet at www.imo.org and http://www.imo.org/en/About/Conventions/ListOfConventions/Pages/Athens-Convention-relating-to-the-Carriage-of-Customers-and-their-Luggage-by-Sea-(PAL).aspx A summary of EU Regulation 392/2009 can be found at http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=URISERV:tr0018&from=EN Where the vessel is being used as floating accommodation then the provisions of the Athens Convention 1974 and the limits therein will apply and are hereby expressly incorporated into these Conditions of Carriage including any claims for loss of or damage to luggage and or death and or personal injury.
Insofar as the Cruise may be performed on a ship not owned by the Carrier, it is agreed that the Carrier shall at all times nevertheless be deemed a ship owner for the purposes of the Convention on Limitation of Liability for Maritime Claims 1976, whether as amended by the Protocol of 1996 or otherwise and as in force in any relevant jurisdiction from time to time, and so entitled to limit liability thereunder.
If any provision of these Conditions of Carriage is rendered null and void by the Athens Convention 1974 or Athens Convention 2002 or EU Regulation 392/2009 or otherwise then any such invalidity shall be limited to the particular clause and not to the Conditions of Carriage.
Limitation of Liability 22.2 The level of damages a Carrier may be liable to pay in relation to death and/or personal injury and or loss of or damage to Luggage is limited and shall in no circumstances whatsoever exceed the limits of liability set out under the Athens Convention 1974 or, where applicable, The Athens Convention 2002 or EU Regulation 392/2009.
22.3 The liability of the Carrier for death, personal injury or illness to the Customer shall not exceed 46.666 Special Drawing Rights ("SDR") as provided and defined in the Athens Convention 1974 or, where applicable, the maximum sum of 400,000 SDR pursuant to EU Regulation 392/2009 or The Athens Convention 2002 and, where there is liability for war and terrorism under EU Regulation 392/2009 or The Athens Convention 2002. 250,000 SDR.
Liability of the Carrier for loss of or damage to Customer's luggage or other property shall not exceed 833 SDR per Customer under the Athens Convention 1974 or 2,250 SDR where EU Regulation 392/2009 or Athens Convention 2002 applies.
It is agreed that such liability of the Carrier shall be subject to the applicable deductibles per Customer, such sum to be deducted from the loss or damage to luggage or other property.
The Customer understands that the conversion rate of SDR's fluctuates daily and may be obtained from a bank or Internet. The value of an SDR can be calculated by visiting www.imf.org/external/np/fin/data/rms_five.aspx
22.4 It is presumed under the Athens Convention 1974 and where applicable The Athens Convention 2002 or EU Regulation 392/2009 that the Carrier has delivered Luggage to a Customer unless written notice is given by the Customer 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.
22.5 If the carriage provided hereunder is not “international carriage” as defined in Article 2 of the Athens Convention 1974 or 2002 or EU Regulation 392/2009 or the Vessel is being used as a floating hotel and or non-international carriage by sea, the remaining provisions of the Athens Convention 1974 shall apply to this/her contract and be deemed to be incorporated herein mutatis mutandis.
22.6 The Carrier shall not be liable for loss or damage to any valuables such as monies, negotiable securities, precious metal items, jewellery, art, cameras, computers, electronic equipment, or any other valuables unless they are deposited with the Carrier for safe-keeping, and a higher limit is agreed expressly and in writing at the time of deposit, and an extra charge is paid by the Customer for declared value protection. Use of the ship’s safe is not a deposit with the ship. Where there is liability for loss of or damage to valuables deposited with the ship then such liability is limited to 1,200 SDR under the Athens Convention 1974 or 3,375SDR where EU Regulation 392/2009 or Athens Convention 2002 applies. (ii) The Carrier and Customer agree not to demand any security from the other in connection with a claim of any kind. The Customer 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.
22.7 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 exoneration of liability (including without limitation, law and/or the laws of the Vessel’s flag in respect of/or the global limitation on damages recoverable from the Carrier). Nothing in these Conditions of Carriage is intended to operate to limit or deprive the Carrier of any such statutory or otherwise limitation or exoneration 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.
22.8 Without prejudice to the provisions of 22.1 to 22.7 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 unenforceable 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.
No compensation is payable by the Carrier to any Customer for any emotional stress, mental anguish and/or 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.
24. SHORE EXCURSIONS
The Carrier has no liability for Shore Excursions not sold or operated by the Carrier. The Carrier is not liable for the acts and omissions of Shore Excursions providers. Where the Carrier directly sells Shore Excursions to a Customer then the Conditions of Carriage, including any applicable 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. Shore excursions shall be subject to the Shore Excursion provider’s terms and conditions including the benefit of any limitation of liability and the level of damages. The Carrier’s liability shall never exceed that of the Shore Excursion provider.
25. APPLICABLE LAW
The applicable law for these Conditions of Carriage and any other claims against the Carrier or the Vessel of whatever nature (including claims for death and or personal injury) brought by or on behalf of or by Heirs and or dependants of any Customer shall be subject to English law.
26.1 Except as provided by law all claims of any nature against the Carrier and or the Vessel shall be brought in and be subject to the exclusive jurisdiction of the English courts
27. 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 Customer to the Master or safety officer whilst on-board the Vessel.
(B)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 . Notices should be sent to MSC Cruise Management (UK) Limited of 5 Roundwood Avenue, Stockley Park,Uxbridge,UB11 1AF.
(C) Complaints under EU Regulation. 1177/2010 concerning accessibility, cancellation or delays must be made to the Carrier within two (2) months from the date the service was performed. The Carrier shall respond within 1 month to advise whether the complaint is substantiated, has been rejected or is still being considered. A final reply shall be provided within two (2) months. The Customer shall provide such further information as may be required by the Carrier to deal with the Complaint. If the Customer is not satisfied with the response then it may complain to the relevant enforcement body in the country of embarkation.
28. TIME LIMITS FOR FILING SUIT
All claims against the Carrier or the Cruise Ship for illness, emotional stress or personal injury to a Customer or for loss or damage to luggage or other property shall be time barred after two (2) years from the date of final disembarkation or in the case of death, the date on which final disembarkation would have taken place as provided by Article 16 of the Athens Convention 1974 and or where applicable The Athens Convention 2002 or EU Regulation 392/2009. These time limits are applicable to Minors and persons under disability.
29. DATA PROTECTION
Personal data relating to individual Customers shall be collected, processed, stored and used securely and in accordance with relevant data protection laws. Customers consent to the collection, processing, storing and use of their personal data to enable the Carrier to perform the cruise. This may include providing Customer details to Governments, immigration, port state control, police, flag state and other competent authorities and or as may be required by law.In the case of emergencies the Customer consents to the Carrier providing personal data to shore side doctors, next of kin, the Carrier’s insurers and advisors and the Customer’s medical insurers. Personal Data shall only be kept for as long as is necessary or required by law.