1.1 MSC Cruises S. A. incorporated in Geneva, Switzerland External Profit Company with registration number 2012/165726/10 (“MSC” or “MSC Cruises S.A.” or “the Company”) of Eugene Pittard, 40, CH-1206 Geneva, Switzerland, having its South African registered address as at 150 Rivonia Office Park, Building 3, Rivonia Road, Sandown, Gauteng, operates ocean cruises (“Cruise/s”) departing and/or returning to ports within the Republic of South Africa;

1.2 MSC sells tickets (“Cruise Ticket/s”) for its Cruises and it does so in South Africa through its offices and sales staff in South Africa, Switzerland or elsewhere. MSC also sells other services (“Additional Services”) which may be purchased in addition to a Cruise Ticket. Additional Services include excursions, flights and hotel accommodation, which are provided by third parties (“Service Providers”). Notwithstanding that MSC may offer and sell “Packages” incorporating Cruises, air and other travel, accommodation and excursions (such as the “Fly/Cruise” or similar all-inclusive packages), MSC remains the contracting party in terms of these Booking Terms and Conditions (“STCs”) and the Contract of Carriage, only in respect of the Cruise carriage portion or leg of such package. Therefore, in respect of the  other portions or legs of the Package, other Service Providers and carriers undertake such services and are provided by Service Providers as independent contractors on their own terms and conditions. MSC solely contracts with such Service Providers as an agent on your behalf,

1.3 In providing such Cruises on ships operated by it, MSC does so  as the carrier (“the Carrier”), on the Terms  and  Conditions  of Carriage and Passage of Passengers (“the Contract of Carriage”), which follows after these Booking Terms and Conditions and can be accessed at www.msccruises.co.za. The Contract of Carriage terms and conditions will be attached to and form part of the Cruise Ticket  which  will  be  issued and  the carriage of any passenger on board the cruise ship, will be undertaken subject to the terms and conditions of the Contract of Carriage.

1.4 All bookings made and Cruise Tickets and Additional Services which you purchase, whether directly from MSC or through a Travel Agent/Group Organiser (as defined in the Group Contract) are made and/or sold  to you on these terms and conditions together  with  the Contract of Carriage and any other terms and conditions, which you agree to with MSC, in writing, which are incorporated herein by reference. Your attention is specifically drawn to the clauses (or part thereof) typed in bold print and/or underlined.

1.5 The Contract of Carriage and STCs may refer to and incorporate the law of the country of the Carrier, the law of the place the contract is concluded, another chosen law stipulated in the contract and/or International Conventions which may limit or exclude the liability of the Carrier.

1.6 MSC directs you to the “Frequently Asked Questions (“FAQ’s”), which contain important information regarding the Cruise and form part of the “Passage Contract”. The Passage Contract is the contract which the Passenger enters into with MSC, the terms of which are evidenced by these STCs, together with the FAQs and the terms and conditions of the Contract of Carriage. Despite the FAQs forming part of the Passage Contract they do not create any obligations, duties, or warranties on the part of MSC. While MSC endeavours to provide accurate and up to date information in the FAQs, the information contained therein is constantly changing and is not a substitute for the terms and conditions contained in the STCs, the Contract of Carriage and for any rules/regulations/directives of any authority or law. MSC will not accept liability for any damage or loss if you rely solely on the information contained in the FAQs. In the event that there is a conflict between the FAQs and these STCs, these STCs will apply.

1.7 If you book a Cruise, purchase a Cruise Ticket and/or any Additional Services, through a Travel Agent or a Group Organiser, you agree that the person or company acting as either, is not the Agent of MSC. Accordingly, money handled by the Travel Agent or Group Organiser is handled on your behalf and not on MSC’s behalf. The risk of loss of and/or theft of the money will be borne by you until the money has been received by MSC. In the event  of the Travel Agent or Group Organiser signing the Passenger Registration Form on your behalf, you confirm and warrant the authority of the Travel Agent or Group Organiser to do so and you agree to be bound by all the Terms and Conditions thereof. In addition, the Travel Agent or Group Organiser in so signing the Passenger Registration Form warrants his/ its/ her authority to do so on behalf of the Passenger and that the STCs were drawn to the attention of that Passenger.
This document contains certain terms and conditions on which MSC sells Cruises and Additional Services to Passengers, who may be consumers for the purposes of the Consumer Protection Act No. 68 of 2008 (“CPA”).  A customer of MSC who is  not a consumer for purposes of the CPA will not be entitled to the benefits that are marked as being CPA applicable or to those benefits applicable in law. Your attention is drawn to these STCs because they are important as they govern the relationship between MSC and the Passenger and thus, should be carefully noted. By purchasing Cruise Tickets or Additional Services through MSC, you acknowledge that the STCs may contain terms and conditions in a similar text style to this clause which:

1.7.1 may limit the risk or liability of MSC or a third party; and/or

1.7.2 may create risk or liability for the Passenger; and/or

1.7.3 may compel the Passenger to indemnify MSC or a third party; and/ or

1.7.4 serves as acknowledgement, by the Passenger, of a fact.

1.8 Nothing in these STCs is intended to or must be understood to unlawfully restrict, limit or avoid any rights or obligations, as the case may be, created for either MSC or the Passenger in terms of the CPA (in the event that the CPA is applicable).

1.9 DEFINITIONS

Words or phrases have been defined throughout these terms and conditions and have been underlined and made bold  for  your ease of reference. Any words or phrases contained herein shall bear similar meanings to those definitions contained in the Contact of Carriage. Notwithstanding this, in these conditions and if applicable in the contract of carriage, the following words or phrases shall bear the following meanings ascribed to them –

1.9.1 “Cruise” means the cruise as described in the relevant Company brochure, the Official MSC Website or other documentation produced for or on behalf of the Company.

1.9.2 “Combined Tour” means the combination of two or more Cruises prearranged by the Company and offered for sale as a single Package. For any relevant purposes, the Combined Tour shall always be considered as a single and indivisible Package. All terms and references to a Cruise and or Package shall  include and be equally applicable to a Combined Tour unless otherwise stated. References to price are references to the total price paid for the Combined Tour.

1.9.3 “Official Website” means the set of related web pages, documents and hypertext links served from the web domain www.msccruises.co.za.

1.9.4 “Package” means the cruise, and flight(s) and or any pre-cruise and/or post-cruise arrangement for accommodation. It does not include shore excursions or shuttle services which do not form part of the inclusive Package price.

1.9.5 “Passenger” means you, the person or persons purchasing Cruises aboard MSC and named on the relevant Cruise ticket (including Minors), the purchaser of the Passage Contract and any travel agent, Group Organiser or any other person/company that has booked the Cruise and/or who is authorised to receive the Cruise Ticket and to contract on behalf of the Passenger.

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

1.9.7 “South African Cruise Season” means cruises advertised   to be commenced and completed to or from ports in South Africa during the period between approximately October or November in any one calendar year and March or May in the  following calendar year, so for instance between 28 October 2014 and 28 March 2015 will be referred to as the 2014/15 cruise season, but in some years the season could be between November in the one calendar year and May in the following year.

1.9.8 “Summer  Cruise  Season”  shall  mean   International cruises scheduled by MSC for departure during the Northern Hemisphere summer months, so that “MSC Summer Cruise Season 2018” shall mean cruises scheduled to be undertaken during the European Summer of 2018.

1.9.9 “World Cruise” means the tour of the world prearranged by the Company and offered for sale as a single package. For any relevant purposes, the World Cruise shall always be considered as a single and indivisible Package. All terms and references to a Cruise and or Package shall include and be equally applicable to  a World Cruise unless otherwise stated. References to price are references to the total price paid for the World Cruise.

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.

3.2 The Booking Confirmation is confirmation from MSC Cruises that a cabin has been set aside/removed from the available cabin inventory for you following your expression of interest and your request to 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 in the normal course only open for acceptance by you for a period of 72 (seventy- two) hours (“Purchase Period”) after the Booking Confirmation has been sent to you. 

3.4 If the Cruise is booked  within  75  (seventy-five)  days of the Departure Date, then there is no extended Purchase Period and the acceptance, in terms of clause 3.7, must be sent immediately by return, together with immediate payment of the full  Package  Price  either by electronic funds transfer (“EFT”) or instant online payment by credit card. This provision shall also apply in the case of special promotions – where immediate payment of the full Cruise Fare is required in order to secure the special promotional rate, which will be indicated to you at the time of booking, if applicable

3.5 If the Cruise is booked more than 75 (seventy-five) days in advance of the Departure Date, a Deposit of R3,000.00 (Three Thousand Rand) per cabin (or R6,000.00 per cabin on Peak Season Christmas & New Year cruises)  must be  paid  within  the Purchase Period to secure the booking as per the Booking Confirmation. Full payment of the Package Price (including Cruise Ticket and Additional Services) must be paid before 75 (seventy- five) days of Departure Date in cash or by electronic funds transfer (“EFT”) into the bank account set out in the Booking Confirmation, or available on request from the Branch where your Cruise booking was made. A deposit of 15% of the Package Price is applicable to World Cruises and payment thereof will be required within the Purchase Period to secure  the World Cruise booking as per the Booking Confirmation. Any passenger travelling

3.6 If you do not pay the full amount set forth in the Booking Confirmation within the Purchase Period or by return the same day (as applicable), the offer  contained  in the Booking Confirmation will lapse and the cabin will be placed back into the Cruise Inventory for onward sale. In these circumstances, if you wish to book a Cruise and  any Additional Services, you will be required to request a new Booking Confirmation from MSC. The following is applicable in circumstances contemplated in this clause 3.6: –

3.6.1 MSC cannot guarantee that the same cruise departure date / cabin category or cabin number and/or Additional Services will be available at the same Cruise Fare and/ or price.

3.6.2 In the event that the booking enquiry is done electronically via the MSC Website, even if you have remitted the full amount at the stage of making a request for a booking or prior to or following the transmission and receipt of a Booking Confirmation from MSC, the booking is not yet final until MSC has manually verified the details related to the booking enquiry ( including, the availability of the cabins requested, any specials applicable to the Cruise, the pricing and the itinerary). In the event of all such details being verified, correct and available (within 72 (seventy-two) hours of the enquiry), you will you receive a final confirmation of your booking (“Final Booking Confirmation”).

LATE BOOKINGS

3.7 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 after receiving the Booking Confirmation from MSC and by return the same day:

3.7.1 complete and submit to MSC the Passenger Registration Form (“Passenger Registration Form“) and

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

3.8 If the clause 3.7 above is not complied with, 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, at the same Cruise Fare and/or price.

ELECTRONIC WEBSITE BOOKINGS & COMMUNICATIONS

3.9 When requesting a cruise booking through MSC’s website, the prices, itineraries, cruise destinations, dates of departure and any other offerings listed thereon, serve as an advertisement by or on behalf of MSC for its cruises and other services, and an invitation to potential customers/passengers to make an offer to MSC to purchase the services specified in the advertisement, subject to availability and price.

3.10 It must be noted that the fact that certain cruises and other services are advertised at “from” certain prices, in respect of specified destinations, itineraries, special fare structures, tickets for a limited number of berths or passengers, or for stipulated periods during the South African or  other cruise season, does not guarantee nor does MSC warrant that the advertised cruises, services  or  specials  will be available at the advertised prices, or at all, by the time a potential customer/ passenger responds to the advertisement or purports to “book” the advertised cruise, service or itinerary.

3.11 There is no commitment or guarantee given or booking in place when a  Booking  Confirmation  is  generated by MSC’s system, whether or not the potential customer/ passenger effects payment of any amount or price quoted or indicated therein. The booking shall only be regarded as firm and binding once a Final Booking Confirmation is sent to the Passenger after verification by MSC of the details of the booking and  payment has been received by  MSC, which is to be sent to the passenger by electronic means, within 72 (seventy-two) hours of the Booking enquiry.

3.12 The booking site and enquiry facility is electronic and despite  the best endeavours of MSC, errors may occur including for pricing and advertised cruise itineraries. Should this occur MSC will endeavour to alert users of the errors as soon as reasonably possible. MSC will not be held liable for any 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 MSC’s system until such time as the details have been verified by our offices, payment is received by MSC, and a Final Booking Confirmation is sent (within 72 (seventy-two) hours of the enquiry.

4.1 Subject to the CPA, if as a result of direct marketing (as defined in the CPA), the Passenger purchases a Cruise Ticket, the Passenger is entitled to cancel the Cruise booking (without reason or penalty) within 5 (five) business days, after the date on which the Deposit was paid, by giving MSC a written notice of cancellation. MSC shall within 15 (fifteen) business days after receiving the notice of cancellation, refund to the Passenger the Deposit and any other amount which was paid to MSC for your Cruise Ticket.

4.2 Nothing in this clause 4 shall be construed as limiting the Passengers’ rights in terms of the Electronic Communications  and Transactions Act No. 25 of 2002 (“ECTA”), whereby a Passenger may be entitled to cancel a Cruise booking (without reason or penalty), within 7 (seven) days after the date on which the Deposit was paid, if the Cruise booking was concluded electronically, subject to the provisions of the ECTA.

5.1 With the exception of  late bookings referred to in clause 3.7, you must complete and submit the Passenger Registration Form within seven (7) days of receipt of the Booking Confirmation.

5.2 You warrant that all the information which you provide to MSC in your Passenger Registration Form is true and correct at the time when you submit same 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. Herein we advise that marketing material will be provided to you on a consent basis and you can provide your consent on an “opt in” and revoke your consent on an “opt-out” basis.

5.4 The personal information shared on the Passenger Registration Form, which is completed online is governed by our Online Privacy Policy which you are able to read and agree to before submitting the form. MSC endeavours to maintain confidentiality in respect of the personal information provided to MSC or its agents, unless required to disclose same by law., and to comply with all privacy related legislation.

5.5 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 information contained in these lists unless obliged to do so in law.

7.1 MSC is entitled to stipulate and require that a Deposit in respect of the Cruise Fare and other charges is  made  at  the time of  the reservation of the cabin /removal of the cabin from cruise inventory in order to accommodate your request and as a reasonable compensatory charge and genuine pre-estimate of its damages and losses in the event of the cancellation of the Cruise Booking.

7.2 By purchasing a Cruise Ticket through MSC, the Passenger acknowledges and agrees that in the event of a cancellation,  MSC may retain the full Deposit, or may recover the full or a proportion of the Cruise Fare payable, in order to reimburse MSC for its loss of income/revenue, for damages and out of pocket expenses arising from or pursuant to the cancellation.

7.3 Subject to the cooling off period in clause 4, any refunds referred to in these STC’s shall exclude such retained portion or the full Deposit

7.4 MSC is entitled to stipulate that an additional supplementary levy be charged for the cancellation or non-arrival for embarkation (“no show”) of a co-Passenger and that such supplementary levy be paid by the remaining single Passenger in advance of the Departure Date in accordance with the payment deadlines prescribed by the Company, or paid in cash or by credit card prior to the embarkation of such passenger. The supplementary levy is to be levied on any Passenger occupying the cabin for single use as a result of the cancellation or no- show of a co-Passenger (who was booked and confirmed to travel with them in the same cabin). Alternatively, should the remaining single Passenger opt to cancel the Booking, the latter will  pay  the cancellation charges  in accordance with clause 15 and 23 in addition to the insurance premium.

7.5 The amount of such levy shall be within the sole discretion of MSC (and its representatives) at the port of embarkation but shall (without guarantee) be calculated with reference to the proven revenue otherwise earned historically during similar cruises. The amount of such levy shall be 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 double the shared Cruise Fare, or the equivalent of a fare for single cabin occupancy).

7.6 Such supplementary levy shall also be payable in advance (prior to the date of embarkation) by the remaining Passenger(s) in the event that a co-passenger booked to share cabin occupancy cancels their portion of the Booking prior to the date of embarkation.

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, at passenger’s request;

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 many staff and crew who work behind the scenes to ensure you enjoy every moment on-board. These charges are levied for staff gratuities for the services provided by the staff/crew on-board

8.1.4 Port and baggage charges (“Port Charges”); and These are levied by the Government for the use of port facilities (which exclude car parking on port property which is an additional expense) and the handling of your luggage;

8.1.5 A travel insurance premium (“Insurance Premium”) for the travel insurance as explained in clause 12 below.

8.2 The Hotel Service Charge is a compulsory charge levied for staff gratuities, expressed as a daily rate, the amount of which differs from cruise to cruise depending on various factors, but will generally be reflected in the Booking Confirmation. The applicable rate for  the  cruise for which you intend to book can be requested in writing from MSC. Whilst in the normal course this charge will be included in a Package Price and be pre-paid, if for any reason it has been omitted from the Booking Confirmation, Package  Price  or  lump sum price quoted and / or collected or pre-paid prior to embarkation, due to any error or oversight, that Hotel Service Charge will be added to your on board account (referred to in clause 10) and shall be payable not later than prior to departure and/or disembarkation from the vessel.

8.3 If you book the Cruise Ticket and any Additional Services set out in the Booking Confirmation, you must pay the balance of the Package Price to MSC by the date specified in the Booking Confirmation (“Payment Date”), in cash or by EFT into the bank account set out in the Booking Confirmation, or available from the MSC office where your Cruise Booking was made.

8.4 All credit card payments made to MSC are processed through MSC’s foreign bank account. You may be liable for additional bank charges as a result of a transaction involving a foreign bank account. If you are not prepared to pay such additional bank charges, please do not make a credit card payment, but rather make payment to MSC by EFT or direct deposit.

8.5 If you fail to pay the balance of the Package Price to MSC by the Payment Date, MSC reserves the right to cancel your booking and retain a portion of the Deposit proportionate to the administrative costs incurred by MSC.

8.6 MSC may from time to time may offer special once-off promotional fares, packages, or add-on discounted benefits for the purposes of selling unsold berths, usually closer towards the Departure Date of a particular Cruise, or otherwise. No Cruise Booking already made, whether the Deposit has already been paid or not, may be transferred or exchanged for a Cruise Booking relying on such promotional fares or packages.

9.1 When you buy beverages on board the Cruise, an amount of 15% (fifteen percent) of the cost per purchase will be added to your bill as a gratuity for the staff.

9.2 Beverage Vouchers are available for purchasing beverages on- board. If you elect to purchase Beverage Vouchers, you acknowledge and agree that they have an expiry date of 3 (three) years after the date of purchase and may not at any time be redeemed for cash. Beverage Vouchers are non-transferable, non-refundable, during or after the Cruise.

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 any on-board purchases. The ship is a cashless environment and when making on-board purchases, you will do so using your “Cruise Card”. (The on-board 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 on-board 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 (two) 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 on-board. 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 working 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 / a debit card or cheque card 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 on-board purchases exceed the deposit paid, the balance due on your account must be paid in cash before you leave the Cruise Ship, alternatively should your deposit made exceed your actual on-board spending, the balance is to be requested to be refunded on-board at the Reception/ Accounting desk before disembarking the ship.

10.9 MSC will not be liable for any loss suffered by you as a result of your not having obtained payment out of the credit balance on your account on- board, before disembarking the ship 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 par ticipate in when you leave the Cruise Ship at any Port.

10.11 In the unlikely event that you have a complaint regarding an on-board purchase, you are required to immediately report it on-board. This is to ensure that MSC is given the opportunity to address and to attempt to resolve any issue raised. Failure to report the complaint while you are on-board may mean that the issue cannot be properly investigated or rectified, and this may affect your rights

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 (twenty) 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% (ten percent) 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 no later than 3 (three) days af ter 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, including any other reasonable damages suffered by MSC as a result of the cancellation.

12.1 The Insurance Policy wording and the schedule is the legal contract between MSC Cruises S. A. and The Hollard Insurance Company, an authorized f inancial services provider (17698). The benefits of the policy are extended to you (the insured Passenger under the age of 86 years). The Insurance Policy will be attached to the Booking Confirmation.

12.2 You confirm that  you  have  read  and understand the policy wording and refer specifically to the terms, conditions, limitations and  exclusions  of cover.  Please call 0861HLLRDT (0861455738) should you need to discuss the cover provided.

12.3 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 that you at your own cost obtain alternative and suitable insurance cover.

12.4 INSURANCE BENEFITS

12.4.1 In the event of conflict between the content of this Schedule of Benefits and the Insurance Policy, the interpretation of the Insurance Policy will take precedence.

12.4.2  MSC is entitled (but not obliged) to refuse to allow you  on board a Cruise unless you have the insurance cover or alternative cover referred to above.

12.5 Travel insurance referred to in clause 8.1. 5 and 12.1 is not applicable to the World Cruise but it is recommended that you obtain your own travel insurance.

13.1 Your attention is drawn to clause 15.4 regarding the non- transferability of bookings and Contracts of Carriage. Nevertheless, in exceptional circumstances, if for reasons beyond your control and in instances where a change is not necessitated due to any fault on your part, a change in Cruises is absolutely necessary, MSC may, but shall not be obliged, to agree to such changes on such terms as MSC within its sole discretion may stipulate, including the payment of reasonable penalties and payment of the difference in Cruise Fares.

13.2 If after the Booking Date, you wish to change  the Cruise dates for which you have booked and/or the name in which the Cruise Booking has been made and/or the name in which the Ticket has been issued, you must request in writing, within a reasonable time, for MSC to consider such change providing the reason therefore and substantiating documentation (if applicable).

13.3 The changes contemplated in clause 13.1 and 13.2 above does not include changing the dates of a Cruise from one South African Cruise Season to another. Only in exceptional, circumstances and at the sole discretion of MSC will a change of cruise between  one South African cruise season and another South African cruise season be permitted.

13.4 Should MSC agree to such changes, you will be liable to pay to MSC any difference (if applicable) in the Cruise Fares as well as any administrative and other fees applicable.

13.5 Should such change be agreed then MSC may charge you the following administrative fees for changing your Cruise Booking, including but not necessarily limited to:

13.6 Any changes you request on a Combined Tour  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 Combined Tour.

13.7 Only one request for change is permitted per Cruise Booking. Any request for additional changes after the initial change request has been made and granted, cannot be considered. This will constitute a cancellation and the relevant penalties provided for in clause 15 will be applied.

13.8 Your attention is specifically drawn to the provisions of clauses 13.3 and 16. 5 to which provisions any transfer of any Cruise  Booking whatsoever is or are strictly subject.

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 and MSC reserves the right to do so without incurring liability in respect of same.

14.2 MSC will notify you (or if you have booked the Cruise Ticket through a Travel Agent or Group Organiser – that Travel Agent or Group Organiser) 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 changes of the Cruise 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 (three) days after the date on which you receive notice from MSC of the change in your Cruise booking. If you do not do so, MSC shall assume that you agree to the changes in the Cruise Booking.

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

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.