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MSC South Africa Cruise Terms

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These cruise terms and conditions apply to the MSC Sinfonia cruises from Durban and Cape Town.  Note that these terms and conditions are subject to change, please contact us at cruises@southafrica.to for the most up to date terms and conditions.

1. INTRODUCTION

1.1 For a certain period each year, MSC Crociere S.A. ("MSC") provides cruises aboard ships ("Cruises") departing and/or returning to ports within South Africa.

1.2 MSC carries on business selling tickets ("Cruise Tickets") for the Cruises. MSC also sells other services ("Additional Services") which may be purchased in addition to a Cruise Ticket, such as flights and hotel accommodation provided by third parties ("Service Providers").

1.3 All Cruise Tickets and Additional Services which you purchase, whether directly from MSC or through a Travel Agent are sold to you on these standard terms and conditions ("STC's") and any other terms and conditions which you agree with MSC in writing. Please make sure you read and understand these STC's, especially the provisions which are typed in bold print and/or have been specifically drawn to your attention.

1.4 The passenger agrees that the Travel Agent is his Agent and not the Agent of the Company or MSC. Accordingly money handled by Travel Agents is handled on behalf of the passenger and not on MSC’s behalf. The risk of loss of and/or theft of the money shall be borne by the passenger until the money has been received by MSC. In the event of the Agent signing the Passenger Registration Form on behalf of the passenger, the passenger confirms and warrants the authority of the Agent to do so and agrees to be bound by all the Terms and Conditions thereof. In addition the Travel Agent in so signing the Booking Reservation Form warrants his/her authority to do so on behalf of the passenger and that the Terms and Conditions were drawn to the attention of the passenger.

2. ADDITIONAL SERVICES

2.1 In addition to your Cruise Ticket, you may wish to purchase Additional Services such as air tickets, hotel accommodation and shore excursions, which Additional Services are provided by Service Providers. The Additional Services may be provided before, during and/or after your Cruise.

2.2 By purchasing any Additional Services through MSC, you appoint MSC as your agent to arrange, book and collect payment for such Additional Services.

2.3 The Additional Services are supplied by the Service Providers and not by MSC. MSC only books the Additional Services and collects and pays the cost of the Additional Services ("Additional Service Costs") to the Service Providers on your behalf.

2.4 The Additional Services are provided by the Service Providers on their terms and conditions. By purchasing any Additional Services through MSC you agree to be bound by the terms and conditions of the Service Providers who provide those Additional Services to you. Such terms and conditions are available on request from MSC.

2.5 Although all Additional Services are provided by reputable Service Providers, MSC has no control over the way in which the Service Providers perform the Additional Services and so MSC is not liable for any loss, damage or harm which you suffer from or as a result of any Additional Services which any Service Providers provide to you, or if the Additional Services are delayed or not provided by the Service Provider. This means that you will have to claim directly against the Service Provider for any such loss or damage which you suffer.

2.6 Although MSC might not be able to state the identity of the Service Provider at the time when you book an Additional Service, all Additional Services will be provided by reputable Service Providers.

2.7 MSC may be required to pay the Service Providers in advance for the Additional Services which you have booked.

2.8 If you cancel your Cruise Booking after such payment has been made to the Service Provider, you will have to contact the Service Provider directly to attempt to recover any payment which has been made for your requested Additional Services.

2.9 If you change your Cruise booking after any payment for Additional Services has been made to the Service Providers, although MSC may assist you to change the Additional Services which you have booked:

2.9.1 you will be responsible for ensuring that the Additional Services which you have booked are changed to meet your requirements;

2.9.2 MSC is not responsible for any changes to the Additional Services which you have booked and which any Service Providers cannot accommodate; and

2.9.3 you will be liable to pay to the Service Providers any extra costs which the Service Providers may charge to accommodate your requested change.

3. BOOKING PROCEDURE

3.1 You have requested MSC to provide you with the Cruise Ticket and any Additional Services indicated in the booking confirmation ("Booking Confirmation") to which these STC's are attached (and also available on our website www.msccruises.co.za).

3.2 The Booking Confirmation is an offer by MSC to provide the Cruise to you and to book the Additional Services on your behalf, for the dates, times and at the price ("Package Price") indicated in the Booking Confirmation.

3.3 The Booking Confirmation is only open for acceptance by you for a period of 72 hours (“Purchase Period”) after the date on which it is sent to you. (48 Hours if booked within 75 days of sailing). If the cruise is booked within 75 days of the scheduled departure date, then no extended Purchase Period is allowed and the acceptance of the booking must be sent immediately by return, as well as full payment for the cruise fare via EFT or instant online payment via credit card. This also applies to special promotions where immediate payment of the full fare is required in order to secure the promotional rate.

3.4 To book the Cruise Ticket and any Additional Services set out in the Booking Confirmation, you must within the Purchase Period, pay the non-refundable deposit ("Deposit") indicated in the Booking Confirmation to MSC in cash or by electronic funds transfer into the bank account set out in the Booking Confirmation, or available on request from the Branch where your Cruise booking was made

3.5 If you do not pay the Deposit to MSC within the Purchase Period, the offer contained in the Booking Confirmation will lapse and to book a Cruise and any Additional Services, you will have to request a new Booking Confirmation from MSC. MSC cannot guarantee that the same cruise departure date / cabin category or cabin number and/or Additional Services will be available to you. If your booking enquiry has been made via the MSC website, even if you have transferred the full amount at the stage of your making the request for a booking and prior to or subsequent to the transmission and receipt by you of an electronically generated MSC booking confirmation, the booking is not yet finalised until MSC have verified all of the details related to the booking including the availability of the cabins requested, any specials relative to the cruise, the pricing and the itinerary: you will in the event of all such details being verified, correct and available, be advised accordingly within 72 hours of your enquiry and only in the event of all such details being confirmed, will you receive a final confirmation of your booking (“Final Booking Confirmation”).

LATE BOOKINGS

3.6 If you want to book a Cruise Ticket and any Additional Services less than 75 days before the date when the Cruise is scheduled to commence, you must immediately ("Late Payment Period") after receiving the Booking Confirmation from MSC and by return the same day:

3.6.1 complete and submit to MSC the Passenger Registration Form ("the Passenger Registration Form") available online at www.msccruises.co.za

3.6.2 pay the full amount of the Package Price to MSC.

3.7 If you do not submit the Passenger Registration Form and pay the full amount of the Package Price to MSC by return the same day, the offer contained in the Booking Confirmation will lapse and to book a Cruise and any Additional Services, you will have to request a new Booking Confirmation from MSC. MSC cannot guarantee that the same cruise departure date/ cabin category or cabin number and/or Additional Services will be available to you.

ELECTRONIC WEBSITE BOOKINGS & COMMUNICATIONS


3.8 When requesting a cruise booking through www.msccruises.co.za, the website and all of the listed prices, itineraries, cruise destinations and dates of departure thereon, serve as an advertisement by or on behalf of MSC to provide cruise and other services, and an invitation to potential customers and passengers to make an offer to MSC to buy the services specified in the advertisement, subject to their availability and price.

3.9 It must be noted that the fact that certain cruises and other services are advertised at “from” certain prices, for specified destinations and itineraries, or for special fare structures or tickets for a limited number of berths or passengers, or during stipulated periods or stages of a given South African or other cruise season, does not guarantee nor does MSC warrant that such cruises, services or specials will be available at those prices, or at all, by the time a potential customer or passenger responds to the advertisement or purports to “book” for a given cruise, service or itinerary, nor is there a confirmed contractual commitment given or booking in place when a Booking Confirmation is generated by the system, whether or not the potential customer or passenger effects payment of any amount or price quoted or indicated therein, which is provisionally recorded on the MSC system only and such booking shall only be regarded as firm and binding once a Final Booking Confirmation is sent after verification by MSC as to the details of the booking(s) sought and payments received, to be sent to the passenger by electronic means, within 72 hours of the enquiry.

3.10 Note further that the booking site and enquiry facility is electronic and despite the best endeavors of MSC, computer and input glitches may occur in both pricing and advertised cruise itineraries. Should this occur MSC will endeavor to alert users to the errors as soon as they become apparent, but MSC will not be bound by the incorrect information that is unwittingly displayed, whether or not any prospective passenger has responded thereto or otherwise, and therefore any expression of interest and enquiry is received as provisional in our system until such time as the details have been verified by our offices and a Final Booking Confirmation sent within 72 hours of the enquiry.


4. COOLING OFF PERIOD

Please note that if MSC approaches you in person, by post or electronic communication to offer to sell you a Cruise Ticket and as a result, you purchase a Cruise Ticket from MSC, within 5 business days after the date on which you pay the Deposit, you may cancel your Cruise booking (without any charge) by giving MSC a written notice of cancellation. MSC shall within 15 business days after receiving your notice of cancellation, refund to you the Deposit and any other amount which you have paid to MSC for your Cruise Ticket.

5. PASSENGER REGISTRATION FORM AND YOUR PERSONAL INFORMATION

5.1 Except for late bookings referred to in clause 3.6, you must complete and submit the Passenger Registration Form to MSC by the Payment Date referred to in clause 8.3.

5.2 You warrant that all information which you provide to MSC in your Booking Form is true and correct at the time when you submit the Booking Form to MSC.

5.3 You agree that MSC may use the information which you have provided in your Passenger Registration Form to provide you with marketing material relating to the Cruises and Additional Services which MSC has on offer from time to time.

5.4 The Passenger Registration Form completed online is governed by our Online Privacy policy which you are able to read and agree to before submitting your online Passenger Registration Form MSC will endeavour to maintain confidentiality as regards your details provided to it or its agents by such electronic or other means, unless required to disclose the same by due legal process. The passenger manifests (passenger lists) containing personal information of the passengers travelling on board the vessel remains the property of MSC, is confidential and we are not at liberty to disclose any personal passenger information contained in these lists unless obliged to do so in law.

6. MAKING BOOKINGS FOR OTHER PEOPLE

By booking Cruise Tickets and any Additional Services for other people, you confirm that such other people have authorised you to accept these STC's on their behalf.

7. THE DEPOSIT AND REFUND

7.1 The Deposit is non-refundable and will be retained by MSC if after the date on which MSC receives your Deposit you cancel your Cruise Booking.

7.2 Subject to the cooling off period in clause 4, any refunds referred to in these STC's exclude the Deposit.

7.3 MSC shall be entitled to stipulate that an additional supplementary levy be imposed and that such supplementary levy be paid in cash or by credit card, prior to the embarkation of any passenger, as a reasonable compensatory charge and a genuine pre-estimate of its damages and losses for the non-arrival for embarkation of a co-passenger at the ship (hereinafter referred to as a “no-show”); to be levied on any passenger occupying the cabin for single use as a result of the no-show of a co-passenger booked and confirmed to travel with them in the same cabin; to reimburse MSC for their loss of onboard income, revenue and out of pocket expenses arising from or pursuant to that no-show and resultant consequential single occupancy of the cruise berth.

7.4 The amount of such levy shall be within the sole discretion of MSC and their staff at the port of embarkation but shall (without guarantee) be calculated with reference to the proven revenue otherwise earned historically during cruises of the equivalent of EURO 24 per passenger per day, or such other daily figure as to MSC appears just and equitable given the particular circumstances of any specific no-show, but not exceeding an uplift to double the shared cruise fare, or the equivalent of a fare for single cabin occupancy.

7.5 Such supplementary levy shall also be payable in advance by the remaining passenger(s) in the event that a booking made for shared cabin occupancy, is cancelled by the co-passenger booked to share cabin occupancy, prior to the date of embarkation.

8. THE PACKAGE PRICE AND PAYMENT

8.1 The Package Price set out in the Booking Confirmation includes:

8.1.1 the cost of the Cruise Ticket ("Cruise Fare").

8.1.2 Service Costs for Additional Services requested to be provided by Service Providers as outlined in Point 2.

8.1.3 A hotel service charge ("Hotel Service Charge"). (During your cruise you will meet staff throughout the ship, who provide you with an excellent service. They are supported by just as many staff and crew who work behind the scenes to ensure you enjoy every moment onboard.)

8.1.4 Port and baggage charges ("Port Charges") levied for the use of port facilities (excludes car parking on port property) and the handling of your luggage.

8.1.5 Travel insurance premium ("Insurance Premium") for the travel insurance explained in clause 12.

8.2 A compulsory charge will be levied for staff gratuities (Hotel Service Charge), expressed as a daily rate which differs from cruise to cruise depending on various factors, but will generally be reflected in the booking confirmation. You can request the applicable rate for the desired cruise from MSC in writing. Normally this charge is included in a package price and is pre-paid, but if it has been omitted from the booking confirmation due to error or oversight, the Hotel Service Charge will be added to your on board account and shall be payable not later than prior to departure and disembarkation from the vessel.

8.3 You must pay the balance of the Package Price to MSC by the date specified in the Booking Confirmation ("Payment Date"), if the cruise ticket and any additional services set out in the Booking Confirmation are booked. This payment must be paid in cash or via electronic funds transfer into the bank account set out in the Booking Confirmation, or available from the MSC Cruises SA office where you made your cruise booking.

8.4 MSC may cancel your booking if you fail to pay the balance of the Package Price by the Payment Date, and may retain a Service fee for administrative costs.

8.5 Please note that from time to time MSC will, as the date scheduled for embarkation on a particular cruise approaches, have some berths unsold and may for commercial reasons decide to offer special once off promotional fares, packages or add on discounted benefits to fill all unsold berths or cabins for that cruise, which will obviously be lower or apparently more attractive to passengers than the fares, packages or benefits originally advertised for that cruise. No booking already made whether the deposit has already been made or otherwise, can be transferred or exchanged for a booking relying on such a promotional fare or package.

9. OTHER SERVICE CHARGE ON BOARD A CRUISE SHIP

When you buy beverages on board the ship during your Cruise, an amount of 15% of the cost per purchase will be added to your bill as a gratuity for the staff who serve you your beverages.

10. ON BOARD ACCOUNTS

10.1 During the Cruise you may wish to make purchases from the on board shops, restaurants, bars and other outlets. All purchases made on board the Cruise Ship are made in United States Dollars ("USD") (save for the first cruise of the season heading Southbound from Europe to South Africa where all purchases will be made in Euros).

10.2 When you board the Cruise Ship you will receive an identity card ("Cruise Card") which is also used to pay for your on board purchases. The ship is a cashless environment and when making onboard purchases, you will do so using your “Cruise Card”. (The onboard casinos only accept cash for gambling purposes)

10.3 All of your on board purchases are recorded on an on board account opened in your name. The full amount due for onboard purchases made is required to be paid before being permitted to disembark the Cruise Ship at the end of the Cruise.

10.4 You may link the Cruise Cards of other passengers to your on board account.

10.5 Before you can start making purchases using your Cruise Card, you must go to the relevant counter on the Cruise Ship to open your on board account. To do this you must give MSC your credit card account details and sign a receipt permitting MSC:

10.5.1 to request your bank to authorise MSC to charge your on board purchases to your credit card up to an amount of USD250; and

10.5.2 if your on board purchases exceed USD250, for every USD100 or part thereof which you spend thereafter, to request your bank to authorise MSC to charge USD100 or part thereof to your credit card.

10.6 On the last night of your Cruise, MSC will deliver 2 copies of an invoice for your on board account transactions to your cabin. You must check the on board purchases recorded in the invoice and sign and return one copy of the invoice to the accounting office onboard. You may keep the other copy for your records.

10.7 Please note that the only amount which is deducted from your credit card is the amount reflected in the invoice. The amounts which the bank authorises MSC to charge to your credit card referred to in clause 10.5 are not deducted from your credit card account but are put on hold by your bank for a period of up to 15 to 20 days after the Cruise has ended so that there are funds available to pay to MSC the amount of your invoice.

10.8 If you would rather use cash to activate your account, you must deposit a minimum amount of USD200 per person (and USD300 per family) into your on board account and should your onboard purchases exceed the deposit paid, the balance due on your account must be paid in cash before you leave the Cruise Ship, alternatively if your deposit exceeds your actual on board purchases, then the balance is to be requested to be refunded on board at the Reception/Accounting desk before disembarkation.

10.9 You may not use a Cash Passport to activate your onboard account., but you may use your Debit or Credit card. Where you have used a Cash Passport to activate your on board account (contrary to this prohibition) MSC will not be liable for any loss suffered by you as a result of your use of a Cash Passport and the onus will rest with you to recover any funds due to you from your bank.

10.10 You may not use your Cruise Card to pay for any activities which you participate in when you leave the Cruise Ship at any Port.

11. INCREASE IN THE CRUISE FARE

11.1 The Cruise Fare may increase in response to any increase in the applicable Rand/Dollar or Rand/Euro exchange rates or costs of fuel. Any increase in the Cruise Fare will be in direct proportion to the increase in such exchange rates and/or fuel costs.

11.2 The Cruise Fare will not change in the last 20 days before the date on which your Cruise is scheduled to begin, as long as MSC has received full payment of your Cruise Ticket.

11.3 If the Cruise Fare increases by more than 10% before the date on which MSC receives full payment of your Package Price, you may either:

11.3.1 pay the increase in the Cruise Fare to MSC by the Payment Date; or

11.3.2 cancel your Cruise Ticket booking by giving MSC a written notice of cancellation within at least 3 days after the date on which MSC notifies you of the increase in your Cruise Fare.

11.4 If you cancel your Cruise Ticket booking because of an increase in the Cruise Fare, MSC will refund to you the Cruise Fare, the Hotel Service Charge and the Port Charges which you have paid, less the amount of the Insurance Premium and the non-refundable Deposit

12. INSURANCE

12.1 The insurance policy wording and the schedule is the legal contract between you (the fare paying passenger on MSC Cruises South Africa under the age of 86 years) and The Hollard Insurance Company, an authorised financial services provider (17698). You must read the policy wording and refer specifically to the terms, conditions and exclusions of cover (attached to your booking confirmation, or visit www.msccruises.co.za ). Please call 0861HLLRDT (0861455738) should you need to discuss the cover provided. Should you for any reason be regarded by The Hollard Insurance Company to be uninsurable, or insurable with a special deductible or proviso, this shall not constitute a breach of these conditions by MSC and is a matter to be resolved between you and the insurer. If you are unable to resolve the matter, MSC shall be entitled to require you at your own cost to obtain alternative insurance cover.

Summary of Cover

7 Nights or Lesss

8 Nights or Less

Medical: not pre-existing (Excess R500)

R750,000

R5,000,000

Medical follow up treatment in South Africa (30 days after return)

Nil

R5,000

Personal Accident (Death / PTD)

R50,000

R50,000

Personal Accident: 70 years to 85 years

R10,000

R50,000

Personal Accident: 70 years to 85 years

R10,000

R50,000

Cancellation and Curtailment (excess R500)

Refer to below

Refer to below

Illness/injury or death (not pre-ex)

R10,000

R15,000

Cruise departure on day 1 delayed 12hrs+

R10,000

R15,000

Being made redundant

R10,000

R15,000

Accidental damage, burglary flooding or fire to your home

R10,000

R15,000

Your compulsory quarantine

R10,000

R15,000

Terrorist incident 14 days before trip

R10,000

R15,000

Pre-existing medical conditions

R5,000

R7,500

Complications of pregnancy

R5,000

R7,500

Personal Baggage (Excess R500, Single Item limit R1,500)

Up to R10,000

Up to R15,000

Sunglasses/Prescription glases/cellphones/ipad/ipod

R1,000

R1,000

Loss, damage or theft from beach/pool

R1,000

R1,000

Laptop, palmtop or computer

R5,000

R5,000

Cash and/or Travel Documents

R250

R1,000

Baggage Delay on ship 6hrs+

R1,500

R1,500

Travel Delay (4hrs+) and Missed Connection (4 hrs connecting time)

R750

R750

Personal Liability - Excess R1000

R500,000

R2,000,000

Hijack Public Conveyance - 12hrs+

R5,000

R5,000

Carrier Accumulation Limit:

R750,000

R5,000,000

12.2 The Insurance Premium is non-refundable and subject to the cooling off period in clause 4, any refunds by MSC referred to in these STC's exclude the amount of the Insurance Premium. MSC has the right to refuse to allow you on board a cruise if you do not have the insurance cover or alternative cover referred to above.

13. YOUR REQUESTED BOOKING CHANGES (APPLICABLE TO LOCAL SOUTH AFRICAN COASTAL CRUISES ONLY)

13.1 Clause 15.4 covers the non-transferability of bookings and contracts of carriage. However in exceptional circumstances and if for reasons beyond your control it becomes necessary to change your booking, and is not due to any fault on your part and does not require a change to the dates of the cruise from one South African cruise season to another, then MSC may, but shall not be obliged to, agree to such changes according to terms that they will stipulate. If after the Booking Date, you wish to change the name in which the Cruise Booking has been made and/or the Ticket has been issued and/or the Cruise dates for which you have booked, you must notify MSC of your requested change in writing.

13.2 You will be liable to pay to MSC any difference (if applicable) in the Cruise Fare of your current Cruise Booking and requested Cruise Booking as well as any administrative fees applicable.

13.3 MSC may charge you the following administrative fees for changing your Cruise Booking:

If you request a change:

Change in name in which
Booking is made


Change in the date of
and/or Cruise

60 days or more before the date
when the Cruise is scheduled to begin

R600 per person

R500 per person

45-60 days before the date when the
Cruise is scheduled to begin

R600 per person

No changes permitted

30-44 days before the date when the
Cruise is scheduled to begin

R600 per person

No changes permitted

29-16 days or less before the date when the
Cruise is scheduled to begin

R600 per person

No changes permitted

15 or less days before the date when the
Cruise is scheduled to begin

R600 per person

No changes permitted

13.4 Any requested changes on a Grand Tour will always apply to the entire Package. The relevant time limits run from the scheduled date of departure of the first cruise of the Grand tour.

13.5 No bookings may be transferred or changes requested between one South African cruise season and another South African cruise season.

13.6 One request for any change is permitted per booking, any request for additional changes after the initial change request has been made after such a request has been granted, cannot be considered and will constitute a cancellation and the relevant penalties provided for in clause 15 will be applied.

13.7 Please take note of the provisions stipulated in clauses 13.5 and 16.5 to which provisions any transfer of any cruise booking is or are subject.

14. BOOKING CHANGES MADE BY MSC

14.1 The operation of the Cruise Ship is affected by factors beyond MSC's control, such as weather and sea conditions, mechanical problems, the duty to assist ships in distress, instructions of the Port authorities relating to departure and/or arrival and/or stoppages, and the availability of Port facilities. As a result, it may be necessary for MSC to change the date or time of your Cruise for operational, commercial or safety reasons.

14.2 MSC will notify you (or if you have booked the Cruise Ticket through a Travel Agent -that Travel Agent) as soon as reasonably possible of any changes to your Cruise booking.

14.3 If MSC makes a change to your Cruise booking, you may:

14.3.1 accept the new booking;

14.3.2 book another Cruise offered by MSC for the same or a higher Cruise Fare (subject to clause 14.5 and 16.5 below);

14.3.3 book another Cruise offered by MSC, for a lower Cruise Fare (with a refund of the difference between the Cruise Fare which you have paid and the Cruise Fare of the cheaper Cruise); or

14.3.4 subject to the provisions of clause 15, cancel your booking.

14.3.5 You must notify MSC in writing of the choice which you have made within 3 days after the date on which you receive notice from MSC of the change in your Cruise booking. If you do not inform MSC, then MSC shall assume that you agree to the new Cruise booking.

14.4 If you decide to change your Cruise booking for a Cruise which has a higher Cruise Fare, you must pay the difference between the Cruise Fare of the cruise that you have booked and the Higher Cruise Fare to MSC.

14.5 The provisions of this clause 14 relate solely to instances where for reasons beyond MSC's control, it is necessary to change specific logistical aspects related to details of your booking and is to be distinguished from the circumstances which may arise and will be covered in and subject to the provisions of clauses 15, 16 or 17 below.

14.6 Please take note of the provisions of clause 16.5 to which provisions any transfer of any cruise booking is subject.

15. CANCELLING YOUR CRUISE BOOKING (APPLICABLE TO ALL LOCAL SOUTH AFRICAN COASTAL CRUISES ONLY)

15.1 If you cancel your cruise booking the pre-estimate of damages set out below shall apply and be payable immediately.

15.2 If you cancel your Cruise Booking after you have received your Cruise Tickets - Referred to in clause 19, you must return any documentation which you have received back to MSC with your notice of cancellation.

15.3 No refund will be considered, made or permitted if you seek to terminate your cruise after embarkation or while the cruise is in progress.

15.4 Subject to the provisions of clause 13 cruise bookings and contracts of carriage are non-transferable. Name changes and cruise date changes are considered reservation cancellations and are subject to the below cancellation fees, unless within the sole discretion of MSC as provided for in clause 13, such changes are permitted for good cause shown.

15.5 If you cancel your Cruise Booking to recover the genuine pre-estimate of the damages and loss to be suffered by the carrier in consequence of the cancellation, MSC may charge you a cancellation charge calculated on the following scale which shall become immediately payable by you:

Date of Cancellation

Cancellation Penalty

60 days or more before the date when the Cruise is scheduled to begin

The Full Deposit

59 - 30 days before the date when the Cruise is scheduled to begin

50% of the Cruise Fare

Less than 30 days before the date when the Cruise is scheduled to begin

100% of the Cruise Fare

15.6 Subject to the other provisions of these STC's, you will not be entitled to any refund if:

15.6.1 you do not board the Cruise Ship on the date when it leaves the port at which you werescheduled to board the Cruise Ship;

15.6.2 you board the Cruise Ship at a port other than the port at which you were scheduled to board the Cruise Ship; or

15.6.3 for any reason you leave the Cruise before it ends; or

15.6.4 You do not check in and/or board the Cruise Ship no later than the check in time indicated in your confirmation of booking or the embarkation time indicated on your cruise ticket.

15.7 YOu may request the cancellation of a Grand Tour, but such a cancellation shall always apply to the whole package. All the relevant time limits run from the scheduled date of departure of the first Cruise of the Grand Tour.

16. CANCELLATIONS OF CRUISES BY MSC

16.1 MSC may cancel your Cruise at any time by giving you written notice of cancellation.

16.2 If before or during a Cruise, MSC cancels your Cruise for any reason, MSC may:

16.2.1 refund you the amount of your Cruise Fare in proportion to the part of the Cruise which has not been performed; or

16.2.2 transfer you to another Cruise of a similar, but not necessarily identical, class and type, sailing substantially the same route with substantially similar accommodation and facilities as on the Cruise for which you booked.

16.3 Subject to the provisions of clause 16.2, MSC shall not be liable for any loss or damages which you may suffer if for any reasons beyond MSC's control; MSC is required to cancel your Cruise.

16.4 A change in the intended or advertised itinerary, destination port or area, rotation of ports or destinations or any shore excursion, shall not constitute a cancellation of your cruise, nor shall an inability or failure of the vessel to sail from the port of embarkation or any intermediate port on or at the schedule time or date, or at all, constitute such a cancellation of your cruise.

16.5 Notwithstanding the aforegoing and notwithstanding the provisions of clauses 13 and 15, should MSC,at their sole discretion agree to transfer a booking between one South African cruise season and another South Africa cruise season you will be liable to pay to MSC any difference (if applicable) in the Cruise Fare of your current Cruise Booking and requested Cruise Booking as well as any administrative fees applicable, MSC will under no circumstances be obliged to offer the cruise at the same cruise fares charged on the cancelled cruise, whether that cruise fare was a special discounted fare offer, a full fare as advertised, or otherwise.

17. CHANGES TO THE CRUISE, TRAVEL ROUTE OR PORT

17.1 The Cruise Ship is scheduled to travel the route ("Travel Route") and stop at the ports of call ("Ports") specified in the Cruise which you have booked.

17.2 The Cruise and Travel Route shall be deemed to have commenced when you have boarded the Cruise Ship at the scheduled or substituted embarkation port, have cleared customs and emigration and have passed through the reception formalities to board the ship, notwithstanding when ocean navigation from the port commences. The Cruise and Travel Route shall be deemed to have been completed when you disembark at the final port of destination.

17.3 In the case of a repositioning or other international non-coastal voyage or cruise, or in the event of a package or multi-modal inclusive travel booking, then the Cruise Travel Route shall be deemed to have commenced when you have cleared through passport control and entered the international departure area in the country of your domicile or the departure point for your pre-cruise travel arrangements if covered in your booking, for the commencement of international travel by air, train or other means of conveyance in a multi-modal package booking.

17.4 The operation of the Cruise Ship is affected by weather and sea conditions, mechanical problems, duty to assist ships in distress, instructions of the Port and other authorities relating to departure and/or arrival and/or stoppages, the availability of Port facilities, and other factors which may be beyond MSC’s control.

17.5 For these reasons, the date and/or time at which the Cruise Ship is scheduled to sail are approximate only and may be delayed for reasons beyond MSC’s control.

17.6 MSC does not guarantee that the Cruise Ship will be able to depart the port of embarkation on or at the scheduled date or time, or at all; and/or call or stop at the Ports at which it is scheduled to call or stop; and/or that you will be able to go ashore on a planned shore excursion during the scheduled Travel Route; and/or that the Cruise Ship will travel along the scheduled Travel Route. MSC may change the Travel Route and/or Ports at which the Cruise Ship calls or stops if the master of the Cruise Ship (“the Master”) considers it necessary to do so for any of the reasons set out above.

17.7 MSC may transfer you to another cruise ship or any other mode of transport bound for the destination of your Cruise if the cruise ship that you have booked your cruise on is unable to sail the Travel Route.

17.8 If MSC changes the port from which you are scheduled to board, MSC will arrange transport for you to the port at which you are required to board the Cruise Ship at its cost.

17.9 MSC will not be held liable for any loss or damages that you may suffer for any reasons beyond MSC's control:

17.9.1 you are required to board the cruise ship at a different port;

17.9.2 the time or date on which the Cruise Ship is scheduled to leave a Port is delayed or if it is unable to depart a Port at all for reasons beyon its control, and is obliged to remain moored alongside a berth or at anchor;

17.9.3 the Cruise Ship is unable to stop at a scheduled Port or anchor or stop to permit you to go on a scheduled shore or other excursion, or once stopped at a Port, you are unable to go ashore; or

17.9.4 the Cruise Ship is substituted by another ship or mode of transport

18. VISAS AND TRAVEL DOCUMENTS

18.1 You must have a valid and appropriate passport and if necessary, a valid and appropriate visa or permit (collectively "Travel Documents"), for all scheduled Ports at which the Cruise Ship is scheduled to stop for the duration of your Cruise.

18.2 MSC is not responsible for ensuring that you have all necessary Travel Documents. You must present the necessary Travel Documents for inspection as required on entering and exiting any Port.

18.3 You shall be liable to MSC for any fines or penalties imposed on MSC by any authority at any Port if you do not present the necessary valid Travel Documents for inspection.

18.4 MSC may at any time request to inspect your Travel Documents.

19. CRUISE TICKETS

Provided that MSC has received full payment of the applicable Package Price, at least 14 days before the date on which your Cruise is scheduled to begin, MSC will send you “Cruise Ticket s” - containing all necessary tickets for your Cruise and any Additional Services which you have booked, and setting out the applicable dates of your Cruise and Additional Services.

20. 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 the Supplement applicable 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. Final Cabin numbers may be amended up until departure date. MSC will guarantee the same or a higher type of Cabin Category should it be necessary to move cabins.

21. BOARDING A CRUISE AND SECURITY

21.1 You must be present at the Port from which your Cruise is scheduled to depart at least 2 hours before the scheduled time of departure to complete any pre-boarding procedures and security inspections.

21.2 You may not without MSC's prior written consent, take any articles on board the Cruise which MSC reasonably believes could endanger the security of the Cruise Ship or passengers, including firearms, ammunition, explosives or flammable, toxic or dangerous substances. You may not take on board any beverages or foodstuffs. Any such items (including foodstuffs which you purchase at any Port at which the Cruise Ship stops) will be retained by MSC and returned to you at the end of the Cruise, unless any such foodstuff is perishable, in which case it may be destroyed without compensation.

21.3 To ensure that you comply with these restrictions, before you board the Cruise Ship, MSC may search you and your luggage.

21.4 MSC may at any time during a Cruise, search any cabin, berth or other part of the Cruise Ship for security reasons.

22. LUGGAGE ON BOARD A CRUISE

22.1 Each person may take on board the Cruise Ship 4 pieces of luggage consisting of 2 suitcases and 2 pieces of hand luggage. Prams and wheelchairs are always allowed. Luggage is to be kept in the cabin, and must not obstruct any exits.

22.2 Your luggage must be securely and properly packed and distinctly labelled with your name and contact details. MSC shall not be liable for any loss, damage or delay in the delivery of any of your luggage on board a Cruise if it is not securely and properly packed and labelled.

22.3 MSC is not liable for any loss or damage to your luggage or the contents of your luggage whilst on board the Cruise or in the custody or under the control of any Port or Service Provider.

22.4 Unless instructed otherwise by the staff on board a Cruise Ship ("Cruise Staff") you must not at any time leave your luggage unattended. If you do so, the Cruise Staff may remove and/or destroy such luggage.

22.5 Unless your Cruise Schedule provides otherwise, you must collect your luggage at the end of your Cruise. If you fail to do so, your luggage will be stored by MSC at the port at which your Cruise ended, for a period of 30 days, after which it will be disposed of. Any proceeds of the disposal of your luggage will be kept by MSC as compensation for storage costs.

22.6 The Carrier shall have a lien upon and the right to sell by auction or otherwise, without notifying you, any luggage or other property belonging to you in satisfaction of unpaid monies or of any other monies which may in any way have become due by you to the Carrier or to its servants, agents or representatives.

23. MINORS

23.1 A person under the age of 18 years ("Minor") may not board any Cruise Ship unless accompanied by an adult ("Responsible Adult"). The Responsible Adult shall be fully responsible for that Minor’s conduct and behaviour.

23.2 Minors may not order or drink alcoholic beverages or participate in gambling activities on board\ a Cruise Ship. If the Cruise Ship is scheduled to stop at a Port located in the U.S.A (or any Port having similar laws), the same conditions will apply to any passengers under the age of 21.

23.3 At all times when on board a Cruise Ship, a Minor must be supervised by the Responsible Adult and may participate in on board activities provided that the Minor is accompanied by the Responsible Adult.

23.4 The Responsible Adult shall be liable to MSC for any loss or damage suffered by MSC, including damage to the Cruise Ship and/or damage to and/or loss of any furnishings, equipment and other property belonging to the Cruise Ship, which loss or damage is caused by the Minor who is under the care of the Responsible Adult.

24. ANIMALS

You may not bring any animals and/or pets on board any cruise ship without the written permission of MSC given at the time that the booking was made. Any such pets or animals brought onboard will be taken into custody and and arrangements shall be made for the animal/s to be landed at the next port of call at your sole expense. Neither the Master nor the Carrier will be liable to you in respect of any loss or injury to the above animal/s whilst in the Carrier's custody in the above circumstances. The only exception to the above prohibition shall be with regard to recognised assistance dogs licensed to you or providing MSC has given its separate consent in writing at the time the booking was made and prior to the Ticket being purchased. You shall have full responsibility for such dogs. Recognised assistance dogs are subject to and must comply with national and, if applicable, EU Regulations regarding health, inoculations, training and travel. It is your responsibility to have all necessary papers in order and to check the position prior to the cruise and be satisfied that the assistance dog can be carried to the ports of disembarkation and that the dog is not prohibited from going ashore at the various intermediate ports of call.

25. MEDICAL DEVICES AND DISABILITIES

25.1 MSC will not supply you with wheel chairs or other medical assistance devices (collectively "Medical Devices") on board any Cruise.

25.2 If you wish to take any Medical Device on board a Cruise Ship or if you are mentally or physically disabled, you must advise MSC not less than 30 days prior to the scheduled date of embarkation of your requirements, so that MSC may take the necessary steps to ensure as far as possible that the accommodation on the Cruise is suitable for your needs.

25.3 If you need to use a Medical Device on board a Cruise Ship, or you are mentally or physically disabled, you may not board the Cruise Ship unless:

25.3.1 you are accompanied by another person who will assist you throughout the Cruise; and

25.3.2 you have signed the written addendum- available from the MSC Cruises office where your booking was made

25.4 MSC may refuse to allow you to board a Cruise Ship if:

25.4.1 you have not given MSC sufficient notice of your requirements and signed the addendum before boarding the Cruise Ship;

25.4.2 in MSC's opinion, you are unfit for travelling on board the Cruise Ship for the duration of your Cruise; or

25.4.3 in MSC's opinion, your condition may endanger you or any other passengers if you board the Cruise Ship. (MSC may request a Dr’s letter declaring that you are fit to travel before agreeing that you may embark the ship)

25.5 If you are mentally or physically disabled or require the use of a Medical Device, you may not be allowed to go ashore at certain of the Ports at which the Cruise Ship stops. A list of such Ports is available on request from MSC.

26. MEDICAL ASSISTANCE AVAILABLE ON BOARD A CRUISE SHIP

26.1 Limited medical services for minor medical conditions are available on board a Cruise Ship. The doctors, their nurses and assistants on board the cruise ship are independent contractors and MSC has no liability whatsoever for their actions and the consequences thereof.

26.2 You acknowledge that the Cruise Ship is not equipped as a hospital and the medical personnel are not specialists. MSC and the medical personnel shall not be liable to you for any loss or damages which you may suffer because they are unable to treat your medical condition. You are liable to pay for any medical services and medicines provided to you on board the Cruise Ship, at a Port or in any other place during the Cruise. It is your responsibility to check with your Medical Aid Scheme prior to departure whether they will reimburse you for any visits to the Doctor onboard realizing that the Doctor is not a South African Doctor and therefore does not have a practice number, and that you will be within international waters at the time of visiting the Doctor onboard.

26.3 The medical facilities and standards vary at the Ports at which the Cruise Ship stops. MSC does not warrant the suitability of the medical facilities at any Port at which the Cruise Ship stops and is not responsible for the quality and/or standards of the medical facilities available at such Ports.

26.4 Where any mobility or any other Medical Device or equipment brought on board by you for your use , is lost or damaged by the fault or neglect of the Carrier then it is the Carrier’s sole and exclusive decision as to whether to repair or replace such Devices or equipment. Unless the Carrier agrees otherwise and in writing, you are limited to bringing two (2) items of such mobility or Medical Devices or equipment on board per cabin, with a total value not exceeding ZAR30,000. All such Devices or equipment must be capable of being carried safety and must be declared before the cruise. The Carrier may decline to carry such Devices or 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.

27. FITNESS TO TRAVEL

27.1 You warrant that you are physically and mentally fit to travel on board the Cruise Ship for the duration of your Cruise.

27.2 MSC may at any time require you to provide it with a doctor's certificate certifying that you are fit to travel on board the Cruise Ship.

27.3 You must make sure that you have received all necessary inoculations prior to the Cruise.

27.4 The Cruise Ship does not have on board facilities for childbirth. You must inform MSC on making the booking if you are pregnant and you must inform the ship's Doctor on boarding of the vessel.

27.5 If you will be up to 23 weeks pregnant at the end of the Cruise you will not be allowed on board the Cruise Ship unless you provide MSC with a medical certificate from a doctor confirming that you are fit to travel on board the Cruise Ship for the duration of the Cruise. Failure to inform the Carrier and the vessel's doctor of pregnancy will release the Carrier from any liability to the pregnant Passenger.

27.6 If in MSC's opinion you are for any reason unfit to travel on board the Cruise Ship for the duration of your Cruise, likely to endanger your safety or the safety of others on board the Cruise, or likely to be refused permission to land at any Port at which the Cruise is scheduled to stop, then MSC may:

27.6.1 refuse to allow you to board the Cruise Ship;

27.6.2 refuse to allow you to leave the Cruise Ship at any Port at which it stops; or

27.6.3 transfer you to different accommodation on the Cruise Ship.

27.7 The doctor on duty on board the Cruise Ship shall be allowed to administer first aid and any medicine or therapy or other medical treatment he considers necessary. If you refuse to cooperate with the doctor, MSC may require you to leave the Cruise Ship at the next Port at which the Cruise Ship stops.

27.8 MSC will not be liable to you for any loss or damage which you may suffer as a result of not being fit to travel on board the Cruise Ship for the duration of your Cruise, not being allowed by MSC to board the Cruise Ship because you are not fit to travel on board the Cruise Ship for the duration of your Cruise, or being required to leave the Cruise Ship at a Port other than the Port at which the Cruise ends.

27.9 MSC recommends that you seek medical advice before booking any Cruise Tickets for children up to 12 months of age

28. PURCHASING ALCOHOLIC BEVERAGES ON BOARD A CRUISE SHIP

28.1 You may purchase alcoholic beverages on board the Cruise ship at the fixed prices advertised on board for such sales, in such currency as may be designated. It may not be possible for such beverages to be sold until the Vessel has cleared Customs, or such port or restricted area.

28.2 MSC shall not sell any alcoholic beverage to a Minor during the Cruise. If the Cruise Ship stops at a port located in the U.S.A (or another Port having similar laws), the same conditions will apply for any passengers under the age of 21 years.

28.3 MSC may refuse to serve you an alcoholic beverage if in MSC’s opinion, you may be a danger and/or nuisance to yourself or other passengers on the Cruise Ship.

28.4 You may not bring any alcoholic beverages onboard for consumption during the voyage. The Carrier and/or its servants and/or agents may confiscate any alcoholic beverages that you bring onboard.

29. SMOKING POLICY ON BOARD A CRUISE SHIP

29.1 You may not smoke when entering or exiting the Cruise Ship, on any balconies or in any public or private areas other than the designated smoking areas located throughout the Cruise Ship.

29.2 MSC recommends that you do not smoke in your cabin because of the risk of fire. Smoking on cabin balconies is not allowed.

29.3 Throwing cigarettes or cigarette butts over the side of the Cruise Ship is not allowed.

30. GENERAL CONDUCT

30.1 MSC may refuse to allow you to board the Cruise Ship if in MSC's opinion, your conduct may endanger your safety and security, or the safety and security of others on board the Cruise Ship, or negatively affect their enjoyment of the Cruise.

30.2 When on board a Cruise Ship, for the sake of your own safety and the safety of others, you must pay attention to and comply with all rules and regulations regarding the safety of the Cruise Ship and passengers, the Port facilities and the requirements of any Port authorities. You must not behave in any way which may endanger the safety of the Cruise Ship and/or any passengers on board the Cruise Ship and you must listen to and comply with all instructions given to you by the Cruise Staff.

30.3 If you cause any damage to the Cruise Ship and/or any damage to and/or loss of any furnishings, equipment and other property belonging to the Cruise Ship, you will be liable to reimburse MSC for such damage or loss.

31 FORCE MAJEURE

31.1 The Carrier shall not be liable for any loss, injury, damage, or inability to perform any Voyage arising from any Force Majeure circumstances such as, but not limited to: war, terrorism (actual or threatened), piracy, collision, grounding, fire, typhoon or cyclonic weather, natural disasters, Tsunami, acts of God, labour strikes, port closures, bankruptcy, failure of subcontractors to perform, or any other events beyond the Carrier’s or MSC’s actual personal control and/or any events which are unusual and/or unforeseeable

32. MSC’S LIABILITY WHERE THE ATHENS CONVENTION AND/OR EU REGULATION 392/2009 DO NOT APPLY

32.1 Where in terms of the provisions of The International Convention relating to the Carriage of Passengers and their luggage by Sea, adopted in Athens on 13 December 1974 (“the Athens Convention”), and/ or in terms of the provisions of EU Regulation 392/2009, neither that Convention nor that Regulation for any reason apply to the carriage covered by this Contract of Carriage, then the following provisions as to liability shall apply in all respects, to the exclusion of any provisions of the Athens Convention and/or any or the Protocols thereto.

32.2 Subject to the other provisions of this clause, MSC is not liable for death, injury or illness caused by the negligent acts and/or omissions of any Service Provider providing Additional Services which you have purchased through MSC, or otherwise.

32.3 Subject to clause 32.4, any liability which MSC may have to you for death or personal injury is limited to a maximum of R500 000.00 in respect of each incident or event.

32.4 Subject to clause 32.5, MSC is only liable for your death, injury or illness if caused by a negligent or intentional and unlawful act or omission of MSC or its employees, agents and/or or sub-contractors. If you have contributed to such death, injury or illness, MSC's liability shall be reduced accordingly.

32.5 Liability of the Carrier for loss of or damage to your luggage or other property shall not exceed R10,000 per Passenger. It is agreed that such liability of the Carrier shall be subject to a deductible of R160.00 per Passenger, such sum to be deducted from the loss or damage to luggage or other property.

32.6 It shall be presumed that the Carrier has delivered luggage to you unless written notice is given by you 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.

32.7 Subject to the other provisions of this clause, MSC is not liable for any loss, injury, death, illness or damage which you may suffer as a consequence of:

32.7.1 your own conduct or the conduct of other passengers on board the Cruise Ship;

32.7.2 the conduct of the Service Providers of the Additional Services which the Passenger have purchased through MSC; and/or

32.7.3 any unforeseeable and unavoidable event or “force majeure” which is beyond MSC’s control, including but not limited to actual or threatened war, invasion, hostilities, civil war and acts of terrorism, natural disasters such as earthquakes, fires, hurricanes, floods and inclement weather, and any riot, civil commotion, disorder, labour dispute, strike or lock-out by persons other than the employees of MSC.

32.8 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 you for the declared value protection.

32.9 Any liability which MSC may have to you and which is not limited or excluded by the provisions of the above sub-clauses, is limited to twice the cost of the Cruise Fare which you have paid for the Cruise.

32.10 You and the Carrier agree not to demand any security from the other in connection with a claim of any kind. You waive the right to arrest or attach the Cruise Ship or to arrest or 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.

32.11 In addition to the restrictions and exemptions from the liability provided in these 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.

33. MSC’S LIABILITY WHERE THE ATHENS CONVENTION AND/OR EU REGULATION 392/2009 DOES APPLY

33.1 Where in terms of the provisions of The International Convention relating to the Carriage of you and your luggage by Sea, adopted in Athens on 13 December 1974 (the “Athens Convention”), that Convention and/or EU Regulation 392/2009 does apply to the carriage covered by this Contract of Carriage, then the following provisions as to liability shall apply.The International Convention relating to the Carriage of you and your luggage by Sea, adopted in Athens on 13 December 1974 and (the “Athens Convention”), as subsequently amended in 1976 and as incorporated with effects from 1 January 2013 by EU Regulation 392/2009 Concerning the Rights of Passengers 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 provisions of the Athens Convention and, where applicable, EU Regulation 392/2009 are hereby expressly incorporated into these conditions of carriage. Copies of the Athens Convention and EU Regulation 392/2009 are available on request and can be downloaded from the Internet at www.imo. org. The Carrier shall be entitled to the benefit of all the limitations, rights and immunities provided by the Athens Convention and, where applicable, EU Regulation 392/2009 including the full deductible under Article 8(4) of the Athens Convention. The liability of the Carrier for death, personal injury or illness to you shall not exceed 46.666 Special Drawing Rights (“SDR”) as provided and defined in the Athens Convention or, where applicable, the maximum sum of 400,000 SDR pursuant to EU Regulation 392/2009 and, where there is liability for war and terrorism, 250,000 SDR. Liability of the Carrier for loss of or damage to your luggage or other property shall not exceed 833 SDR per Passenger under the Athens Convention or 2,250 SDR where EU Regulation 392/2009 applies. 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. You understand 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 http://coinmill.com/ SDR_calculator.html. If any provision of these Conditions of Carriage is rendered null and void by the Athens Convention or EU Regulation 392/2009, such invalidity shall be limited to the particular clause and not to the Conditions of Carriage.

33.2 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 or, where applicable, EU Regulation 392/2009.

33.3 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 Athens Convention, or where there is liability for a shipping incident, where EU Regulation 392/2009 applies. The limits of liability under the terms of the Athens Convention shall be applicable to the Carrier’s servants and/or agents and/orIndependent Contractors in accordance with Article 11 of the Athens Convention. Any damages payable by the Carrier shall be reduced in proportion to any contributory negligence by you as provided in Article 6 of the Athens Convention.

33.4 It is presumed under the Athens Convention and where applicable EU Regulation 392/2009 that the Carrier has delivered luggage to you unless written notice is given by you 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.

33.5 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 and or non-international carriage by sea, the remaining provisions of the Athens Convention shall apply to this/her contract and be deemed to be incorporated herein mutatis mutandis.

33.6 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 you 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 or 3,375SDR where EU Regulation 392/2009 applies. (ii) You and the Carrier agree not to demand any security from the other in connection with a claim of any kind. You waive 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.

33.7 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.

33.8 Without prejudice to the provisions of 20.1 to 20.7 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 bythe Carrier’s own negligence or fault

33. COMPLAINTS

If you have a complaint relating to a Cruise which could not be resolved during the course of your Cruise, you must report your complaint to MSC in writing within 14 days after the date on which your Cruise ends so that MSC can assist you with your complaint as soon as possible.

34. JURISDICTION

These STC's shall be governed by the law of the Republic of South Africa.

2015 Investment Cruise

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