Standard Booking Terms and Conditions
THESE ARE THE TERMS AND CONDITIONS, WHICH APPLY TO YOUR CRUISE PACKAGE OF CHINESE HOME PORTS. PLEASE READ THEM CAREFULLY AS YOU WILL BE BOUND BY THEM.
All Cruise Packages featured in the Company or Ticketing Agency’s brochure and/or in the Official Website are offered for sale by the carrier, MSC Cruises S.A, hereinafter referred as the “Company”. The ticketing agency for Carrier in China is MSC Cruises Shipping Service (Shanghai) Ltd （“Ticketing Agency”）.
公司或票务公司手册和/或官方网站上的所有邮轮假日套餐由承运人，MSC Cruises S.A（以下简称“公司”），提供。承运人在中国的票务公司为地中海邮轮船务（上海）有限公司（“票务公司”）。
In these Booking Terms & Conditions the following expressions shall have the meanings defined hereunder:
“Booking” means the steps taken by the Passenger to enter into a Contract with the Company or Ticketing Agency.
“Booking Terms & Conditions” means these terms and conditions and the information contained in the relevant Company and Ticketing Agency’s brochure, the Official Website and/or other information which will form the express terms of your Contract with the Company or Ticketing Agency.
“Carrier” means the entity who has undertaken the obligation to carry the Passenger from one place to the other as indicated in the Cruise ticket, airline ticket or other ticket issued for any other applicable transport and is thereby indicated on such documents as “carrier”.
“Company” means MSC Cruises S.A. whose registered address is 40, Eugene Pittard, CH-1206 Geneva, Switzerland who organises Cruise Packages and sells or offers them for sale, whether directly or through a Sales Agent.
“公司”是指MSC Cruises S.A.，其注册地址为40，Eugene Pittard，CH-1206 Geneva，Switzerland，负责筹备邮轮假日套餐，并直接或通过销售代理销售或要约出售该邮轮假日套餐。
“Conditions of Carriage” means the terms and conditions under which the Carrier provides transport either by sea. The Conditions of Carriage may refer to the provisions of the law of the country of the Carrier and/or international conventions which may limit or exclude the liability of the Carrier. Copies of the Conditions of Carriage of any Carrier are available to the Passengers upon request.
“Combined Tour” means the combination of two or more Cruises prearranged by the Company and offered for sale as a single Cruise Package. For any relevant purposes, the Combined Tour shall always be considered as a single and indivisible Cruise Package. All terms and references to a Cruise and or Cruise 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.
“Contract” means the contract concluded between the Company or Ticketing Agency and the Passenger relating to the relevant Cruise Package which is evidenced by the issue of the confirmation invoice sent by the Company or Ticketing Agency or its Sales Agent to the Passenger.
“Cruise” means the transport by sea and the stay onboard a MSC Cruises vessel (as described in the relevant Company’s brochure, the Official Website or other documentation produced for or on behalf of the Company), which – if not purchased with pre- or post-Cruise services – can be considered by itself as an Cruise Package.
“Disabled Passenger” or “Passenger with Reduced Mobility”; means any Passenger whose mobility when using transports is reduced as a result of any physical disability (sensory or locomotor, permanent or temporary), intellectual or psychosocial disability or impairment, or any other cause of disability or impairment or as a result of age, and whose situation needs appropriate attention and adaptation to his/her particular needs for the services made available to all Passengers.
“Force Majeure” means any unforeseeable and unpredictable event out of the Carrier’s or the Company’s control including Acts of God (such as, flood, earthquake, storm, hurricane or other natural disasters), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, riots, civil disturbances, industrial disputes, natural and nuclear disasters, fire, epidemics, health risks, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity or telephone service and/or any unforeseen technical problems with transport including changes due to rescheduling or cancellation or alteration of flights, closed or congested airports or ports.
“Cruise Package” means the Cruise. It does not include Shore Excursions or shuttle services which do not form part of the inclusive Cruise Package price.
“Official Website” means the set of related web pages, documents and hypertext links served from the web domain www.msccruises.com.cn.
“Passenger” means each and every person, including minors, named either on the Booking confirmation or on the invoice or on a ticket issued by the Company or Ticketing Agency.
“Sales Agent” means travel agency or qualified business entity that sells or offers for sale the Cruise Package put together by the Company or Ticketing Agency, on its own or on behalf of the Company.
“Shore Excursion” means any excursion, trip or activity ashore that is not included as part of the all-inclusive price of the Cruise Package and is offered for sale by the Company onboard its vessels.
1. BOOKING PROCEDURE AND DEPOSIT
1.1 In order to proceed with a Booking, the Passenger must contact the Company or Ticketing Agency or one of the Company or Ticketing Agency’s authorised Sales Agents or representatives.
1.2 By booking for an Cruise Package, the person making the Booking confirms, agrees and accepts that all persons named in the Booking request and on the invoice have agreed to be bound by the Booking Terms & Conditions and that he/she has authority to accept these Booking Terms & Conditions on behalf of all the persons named on the Booking request and invoice.
1.3 A non-refundable deposit of (CNY2000) per Cabin is due and payable by the Passenger before the option date on booking system
1.4 A Booking will be completed and the Contract will be effective only when the Company or Ticketing Agency accepts the Booking by sending a confirmation to the Passenger or to the Passenger’s Sales Agent.
2.1 Every Cruise Package is subject to availability at the time of Booking. No Contract shall be made until the deposit or the full amount (according to the present Booking Terms & Conditions) is paid and the confirmation provided to the Passenger.
2.2 Full payment is required no later than 45 days prior to departure.
2.3 If the Booking application is made within 45 days prior to departure, then full payment must be sent at the time of Booking.
2.4 If any Passenger fails to pay the balance 45 days prior to departure, the Company has the right to cancel the Booking without notice and levy cancellation charges in accordance with Clause 14 below, whether the Cruise Package is resold or not.
3. PRICES AND PRICE GUARANTEE
3.1 No change to the Cruise Package price will be made within the 45-day period before departure or once full payment has been received by the Company or Ticketing Agency.
3.2 The Company reserves the right to modify the Contract price at all times prior to those detailed in 3.1 above to allow variations for:
a) Fuel costs for the propulsion of the vessel;
b) Dues, taxes or fees chargeable for services such as embarkation or disembarkation fees at ports.
c) the exchange rates relevant to the Cruise Package.
Variations may be upwards or downwards. For paragraph a) any variation of the Cruise Package price will be equal to 0.33% of the price of the Cruise for every dollar of increase of the fuel per barrel (NYMEX Index). For paragraph c) any variation of the Cruise Package price will be equal to the full amount of the fees.
3.3 Cruise Package Price includes:
a) Free Onboard items including designated cabin accommodation, free restaurants, buffet, free entertainment facilities, swimming pools, Gym, and free activities etc.
b) Port tax fee；
3.4 Cruise Package Price excludes:
a) Expenditures of traffic, dinning, and accommodation on to-and-fro the port;
b) Port day excursion expenditures including round trip traffic, sightseeing, and dinning;
c) Cruise service fee. This fee will be credited automatically to the onboard account of the passenger and requested to be paid before the disembarkation. For the passengers over 2 years old (excluding 2 years old): 14.5 USD/ Pax/Night for non-YC passenger and 19.5 USD/ Pax/Night for YC passenger; for the passengers under 2 years old (including 2 years old): no service charge. (Passenger age is calculated from the departure date of the cruise) ；
d) Visa fee and extra International Tourist Tax at calling ports
e) Tour leader fee
f) Other fees or optional programs on board.
3.5 Invoice Description
a) Passengers could apply for their invoices within 90 days after the end of the cruise, and no further applications are allowed after such issuance period;
b) Individual payments can be issued with a personal invoice, and company transfers can be issued with a company-titled invoice (The payment must be transferred through the company's bank account). If the passenger needs to issue the invoice for personal payment with company title, details including company name, company tax number and other necessary invoicing information should be provided.
c) Invoice issuance is only available with pre-departure booking payment. All on-board consumptions are not available for invoice due to the attribution of overseas consumption, and only on-board bills can be provided.
4.1 The Company recommends that every Passenger should have adequate insurance policy which covers them sufficiently for Cruise Package cancelation, medical assistance and expenses, loss and/or damage of the luggage, from the time the Contract has been confirmed as Booked to the end of the Cruise Package, as specified hereunder or an equivalent policy.
5. PASSPORT AND VISAS
5.1 Passengers must hold fully valid passports for the whole duration of the Cruise Package and the expiry date must be at least 6 months after the return date.
5.2 At the request of the Border Inspection Department and Exit-Entry Administration of China, Company will conduct an administrative audit on the materials provided by the passengers. Depending on the situation of the materials, passenger might be required to provide certificates of employment and assets. If the passenger is unable to provide complete materials due to his own reasons, the loss of cancellation shall be borne by the passenger;
According to “Several Provisions Concerning the Publication of List of Untrustworthy Persons Subject to Execution” of China, the person who is included in the list of dishonest persons to be executed will be subject to consumption restriction measures and shall not have high consumption such as tourism, vacation and consumption behaviors except for life and work. If the passenger is a dishonest person, the passenger must bear the loss on his/her own.
5.3 The visa information provided by Company or Ticketing Agency is for reference only. The Company is not responsible for obtaining visas for any Passenger, this is the responsibility of the individual Passenger.
It is the duty of the Passenger to verify that his/her passport, visas, or other documents for travel are accepted in the countries where the Cruise Package is deployed. Passengers are strongly advised to check for all legal requirements for travelling abroad and at the various ports to include the requirement of visas, immigration, custom and health.
6. FITNESS TO TRAVEL
6.1 The safety of all Passengers is of paramount importance to the Company, hence all Passengers warrant that they are fit to travel by sea (and if applicable by air) and that their conduct or condition will not impair the safety or convenience of the vessel or aircraft and the other Passengers, and that they can be carried safely in accordance with applicable safety requirements established by International EU or national law.
6.2 Any Passenger with a condition that may affect fitness to travel taking into account the vessel’s itinerary must inform the Company at the time of Booking and submit a doctor’s certificate prior to Booking.
6.3 In any case, the Company and/or the Carriers has the right to request – at their own discretion – the Passenger to produce medical certificates supporting the fitness to travel.
6.4 Pregnant women are requested to seek medical advice before travelling; at any stage of their pregnancy they must obtain a medical certificate from a doctor confirming their fitness to travel on board the vessel taking into account the specific itinerary.
6.5 The Company and/or the Carriers do not have on board any of the cruise vessels adequate medical facilities or equipment for childbirth. The Company cannot accept a Booking and the Carrier cannot carry any Passenger who will be 24 weeks pregnant or more by the end of the Cruise.
6.6 The Company and the Carrier expressly reserve the right to refuse boarding rights to any Passenger who appears to be in any advanced state of pregnancy or who does not provide the medical certificate according to clause 6.4 above and shall have no liability in respect of such refusal.
6.7 In the case of a Booking made by a Passenger who was not aware at the time of Booking and could not have reasonably known at the time of Booking that she was pregnant over the terms provided by upper clause 6.5 then, the Company will offer the Passenger the choice of Booking another Cruise from the Company’s brochure and/or from the Official Website of equivalent quality compliant with the above mentioned terms, if available; or cancelling and receiving a full refund of the full price paid by that Passenger for any cancellation of Booking as long as such cancellation is notified immediately as soon as such a Passenger becomes aware of her condition. The refund will not include insurance premiums paid which are in no case refundable.
6.8 If it appears to the Carrier, the master or the ship’s doctor that a Passenger is for any reason unfit to travel, likely to endanger safety, or likely to be refused permission to disembark at any port or likely to render the Carrier liable for maintenance, support or repatriation, then the master shall have the right to refuse to embark the Passenger at any port or disembark the Passenger at any port or transfer the Passenger to another berth or cabin. The doctor onboard shall have the right to administer first aid and any drug, therapy or other medical treatment and/or to admit and/or confine the Passenger to the ship’s hospital or other similar facility, if such measure is considered necessary by the doctor and is supported by the master’s authority. Refusal by the Passenger to cooperate with regard to such treatment may result in the Passenger being disembarked at any port, if necessary through the intervention of local police officers or other competent authorities, and neither the Company nor the Carrier shall be liable for any loss, expense or compensation to the Passenger.
6.9 Where a Passenger is assessed as unfit to travel and refused embarkation then neither the Company nor the Carrier has any liability to the Passenger.
7. DISABLED PASSENGERS AND PASSENGERS WITH REDUCED MOBILITY.
7.1 The Company’s and the Carriers’ priority is always the comfort and safety of its Passengers and in order to achieve this the Passenger is asked at the time of Booking to provide as much detail as possible of the matters given below so that the Company and Carrier can consider its obligation to carry the Passenger in a safe or operationally feasible manner, taking into account any issues relating to the design of the passenger ship or port infrastructure and equipment including port terminals which may make it impossible to carry out the embarkation, disembarkation or carriage of the Passenger which may have an impact on the Passengers safety and comfort.
7.2 The Passenger is asked to provide full details at the time of Booking if the Passenger:
a) Is unwell, infirm, Disabled or has Reduced Mobility;
b) If the Passenger requires a special Disabled cabin, since there is a limited number of these available and since the Company would like to, wherever possible, accommodate the Passenger so that the Passenger is comfortable and safe for the duration of the Cruise;
c) If the Passenger has any special seating requirements;
d) If the Passenger needs to bring any medical equipment on board;
e) If the Passenger needs to bring a recognised assistance dog on board the vessel (please note that assistance dogs are subject to national regulations).
7.3 Where the Company and/or the Carrier consider strictly necessary for the safety and comfort of the Passenger and in order for the Passenger to fully enjoy the Cruise, it may require a Disabled Passenger or Passenger with Reduced Mobility to be accompanied by another person who is capable of providing the assistance required by the Disabled Passenger or Passenger with Reduced Mobility. This requirement will be based entirely on the Company and/or the Carrier assessing the need of the Passenger on grounds of safety and may vary from vessel to vessel and/or itinerary to itinerary. Passengers confined to a wheelchair are asked to kindly furnish their own standard size collapsible wheelchair during the whole Cruise Package and might also be requested to be accompanied by a travelling Passenger fit and able to assist them..
7.4 If the Passenger has any particular conditions, Disability or Reduced Mobility which require personal care or supervision then such personal care or supervision must be organized by the Passenger and at the Passenger’s expense. The vessel is unable to provide respite services, one-to-one personal care or supervision or any other form of care for physical or psychiatric or other conditions.
7.5 If after careful assessing the Passenger’s specific needs and requirements, the Company and/or the Carrier concludes that the Passenger cannot be carried safely and in accordance with applicable safety requirements then the Company can refuse to accept a Booking or embarkation of a Disabled Passenger or Passenger with Reduced Mobility on the grounds of safety.
7.6 The Company reserves the right to refuse to carry any Passenger who has failed to adequately notify the Company of any disabilities or needs for assistance in order for the Company and/or the Carrier to make an informed assessment that the Passenger can be carried in a safe or operationally feasible manner on the grounds of safety. If the Passenger does not agree with a decision of the Company under clauses 7.5 to 7.6 of these Booking Terms & Conditions then the Passenger must provide a complaint in writing with all supporting evidence to the Company.
7.7 The Company reserves the right to refuse to carry any Passenger who in the opinion of the Company and/or the Carrier is unfit for travel or whose condition may constitute a danger to themselves or others on the Cruise on the grounds of safety.
7.8 For the safety and comfort of the Passenger, if the Passenger becomes aware between the date of Booking the Cruise Package and the date of commencement of the Cruise Package that he/she will require special care or assistance as detailed above, the Passenger is asked to inform the Company immediately so that the Company and the Carrier can make an informed assessment whether or not the Passenger can be carried in a safe or operationally feasible manner.
7.9 Disabled Passengers or Passengers with Reduced Mobility may not be able to go ashore at ports where vessels do not berth alongside. A list of these ports is available upon written request.
7.10 In some ports, it is necessary to anchor offshore rather than alongside. When this is the case, the Carrier will use a tender to take Passengers ashore. A tender is a small vessel and may not be suitable for persons with Disabilities or Reduced Mobility or balance problems. When using tenders, safety is the utmost priority. It is important that Passengers are able to use the tender safely. Passengers may be required to descend to a platform or pontoon and into the tender. There may be steps both up and down and Passengers may need to navigate a gap between the platform and the tender (which can be approximately 1.5ft). Depending on weather, tide and sea conditions, there may be some movement, which could change throughout the course of the day. Passengers must be fit and mobile enough to access and disembark the tender. If Passengers have impaired mobility, or use a mobility aid such as a stick, then they must carefully consider their ability to embark the tender safely before making their way down to the platform. Passengers must take into consideration the use of steps, the possibility of a gap and height difference between the platform and the tender, and the potential sudden movement of the tender when making a decision. Wheelchairs and mobility scooters, will not be carried by the crew into the tender. All Passengers must be independently mobile enough to use the tenders. Ultimately, carriage by tender may be refused by the master or any of his officers if there is any doubt as to the safety of any Passenger.
7.11 All Passengers must take extra care when stepping on and off the tender. There will be crew members there to guide and steady Passengers as they embark and disembark but they cannot support, lift or carry Passengers. The same precautions apply when Passengers disembark the tender in the port.
8. CHILDREN/INFANT TRAVEL
8.1 Infants travelling on a cruise ship must be at least 6 months old calculated from the departure date of the cruise；
8.2 It is recommended that medical advice is sought before Booking for children up to 12 months of age. For the avoidance of doubt the provisions of clause 6 and the requirement of fitness to travel is applicable to all Passengers including infants.
8.3 Minors under the age of 18 must have at least one parent or adult passenger staying in the same cabin and accompany them throughout the entire cruise journey, and this parent or adult passenger must be responsible for the minor’s property and behavior. The minor’s age is calculated from the departure date of the cruise.
9. ELDERLY PASSENGERS TRAVEL
For elderly passengers over 75 years of age on board, we recommend their bringing a medical certificate or medical report issued by the doctor, and please ensure them have purchased personal overseas travel insurance. We recommend accompany of family members of elderly passengers. For elderly passengers with chronic diseases, it is also recommended bringing medicines and related medical history reports on board.
10. PUBLIC HEALTH QUESTIONNAIRE
10.1 The Company and/or the Carrier and/or the health authorities in any port shall be entitled to administer a public health questionnaire on their own behalf. The Passenger shall supply accurate information regarding symptoms of any illness including but not limited to gastrointestinal illness and H1N1. The Carrier may deny boarding to any Passenger that it considers in its sole discretion to have symptoms of any illness including viral or bacterial illness including but not limited to Norovirus and H1N1. Refusal by a Passenger to complete the questionnaire may result in denied boarding.
10.2 Where Passengers become ill during the Cruise with viral or bacterial illness the ship’s doctor may request them to remain in their cabin for reasons of safety.
11. FOOD ALLERGIES
11.1 Passengers are reminded that some foods may cause an allergic reaction in certain people due to intolerance of some ingredients. If the Passenger has any known allergies, or is intolerant to any food, he/she is required to inform the Company at the time of Booking (by duly filling in a specific form) and further to report it to the Maître d’hôtel as soon as convenient after boarding the ship.
11.2 It is the responsibility of the Passenger to ensure that he/she actively avoids any food he/ she is allergic to. The Company will take all reasonable care if made aware in writing of any specific food or ingredient the Passenger has an allergic reaction to and assist the Passenger within reason to avoid any such food or ingredients if made aware by the Passenger according to clause 7.1 above; in absence of such information neither the Company, nor the Carrier will be held responsible for preparing special meals for the Passenger or any other prepared meals consumed by the Passenger. In case of multiple allergies/intolerances, even though informed according hereto, the Company or the Carrier might not be able to avoid the risk of cross-contamination during food preparation and therefore neither the Company, nor the Carrier will be held responsible if such contamination occurs.
12. MEDICAL EQUIPMENT
12.1 It is important that Passengers contact the manufacturer or supplier to ensure that any medical equipment they are intending to bring on board is safe to use. It is the responsibility of the Passengers to arrange delivery to the docks prior to departure of all medical equipment and to notify the Company prior to Book if they need to have medical equipment on board so that the Company and the Carrier can ensure that the medical equipment can be carried safely.
12.2 It is the Passengers responsibility to ensure that all medical equipment is in good working order and for arranging enough equipment and supplies to last the entire voyage. The ship does not carry any replacement and access to shore side care and equipment may be difficult and expensive. Passengers must be able to operate all equipment.
13. OTHER RESTRICTIONS
13.1 Company requests every single passenger must occupy a bed including children and infant passengers, which requires the passengers to book the cabin according to the actual number of passengers;
13.2 Company or Carrier requires that family room must accommodate a minimum of 3 passengers with real names. If passengers will be staying in a family room with 2 people, Company will change re-allocate passengers to a double room according to the situation.
14. CANCELLATION BY THE PASSENGER
14.1 Cancellation of the Booking must be requested in writing (registered letter, email or fax) to the Company or via the Passenger’s Sales Agent. All tickets issued and the confirmation invoice must be returned together with the notice of cancellation.
14.2 Save what set forth in clause 14.3 below, to cover the estimated loss incurred by cancellation, the Company will levy cancellation charges in accordance with the following scale:
45 day or longer RMB 2000 Per cabin handling fee*
44 - 21 days 50% of Price
20 day till 0 ** 100% of Price
出发前20天 ** 邮轮假日套餐价格100%
* or loss of deposit whichever is greater.
** “no-show” upon departure and Cruise Package breaking shall be dealt as a cancellation made on the day of departure.
14.3 In case a cabin remains for single use after the cancellation of a Passenger, the Passenger occupying the cabin for single use will be asked to pay a single surcharge charged by the Company for any single cabin Booking. Alternatively, should the remaining single passenger opt to cancel the Booking, the latter will pay the cancellation charges in accordance with clause 14.2 in addition to the insurance premium.
14.4 It may be possible for the Passenger to claim these cancellation charges from his/her travel insurance provider, subject to any applicable deductibles. It is the Passenger’s responsibility to make such a claim under the terms of his/her insurance policy.
14.5 The Passenger may request the cancellation of a Combined Tour, but such a cancellation shall always apply to the whole Cruise Package. All the relevant time limits run from the scheduled date of departure of the first Cruise of the Combined Tour.
14.6 The Passenger will not be liable to pay the fees mentioned in clause 14.2 and 14.3 above if the cancellation is due to Force Majeure circumstances occurring at the place of destination or its immediate vicinity and significantly affecting the performance of the package, or which significantly affect the carriage of passengers to the destination.
15. BOOKING CHANGES EFFECTED BY THE COMPANY
15.1 Arrangements for the Cruise are made many months in advance by the Company. Very occasionally it may be necessary to alter them; therefore the Company expressly reserves the right to change the arrangements for the Cruise or the Cruise Package, should such changes become necessary or advisable for operational, commercial or safety reasons.
15.2 In the event of a significant alteration to an essential term of the Contract, the Company will inform the Passenger or his/her Sales Agent of such change in writing as soon as reasonably possible.
The Passenger will be offered the choice of:
a) Accepting the alteration; or
b) Booking another Cruise Package from the Company’s brochure and/or from the Official Website of equivalent or superior quality, if available; or、
c) Booking another Cruise Package from the Company’s brochure and/or from the Official Website of lower quality, if available, with a refund of the difference in price; or
d) Cancelling and receiving a full refund of all monies paid.
15.3 The notification of alteration will specify a reasonable response period by which the Passenger must notify the Company of their decision. The notification will further specify that if the Passenger fails to respond within the imparted time, the alterations will be considered to be accepted.
16. CANCELLATION BY THE COMPANY
16.1 The Company reserves the right to cancel any Cruise Package at any time by giving written notice to the Passenger, but shall not be liable for additional compensation, if the cancellation is due to an event of Force Majeure and/or any unusual /or unforeseeable circumstances beyond the Company’s control, the consequences of which could not have been avoided by the Company even though it has exercised all due care;
In case above, the Company will offer the Passenger the choice of:
a) Receiving a full refund of all money paid; or
b) Booking another Cruise Package from the Company’s brochure and/or from the Official Website of equivalent or superior quality at no extra cost, if available; or
c) Booking another Cruise Package from the Company’s brochure and/or from the Official Website of lower quality, if available, with a refund of the difference in price.
16.3 The Passenger’s decision must be notified to the Company in writing or via their Sales Agent no later than 48 hours before the departure date of booking Cruise.
17. ITINERARY / RIGHT TO CHANGE
The Company reserves the right at its sole discretion and/or that of the master of any vessel (which will not be exercised unreasonably) to decide whether to deviate from the advertised or ordinary itinerary, to delay or anticipate any sailing, to omit or change scheduled ports of call, to arrange for substantially equivalent carriage by another vessel, to tow or be towed or assist other vessels or to perform any similar act which, in its and/or master’s sole discretion will deem advisable or necessary for the safety, of the Passenger, of the vessel and crew. In such circumstances neither the Company nor the Carrier will be under any liability or obligation to the Passenger.
18. PASSENGER’S RESPONSIBILITY
18.1 The Passenger has a duty to follow the instructions and orders of the master and Officers while onboard. The Passenger hereby accepts and agrees that the master and officers are entitled and have authority to inspect any person on board, any cabin, baggage and belonging for safety, security or other lawful reasons.
18.2 The Passenger hereby expressly agrees to allow any such search.
18.3 Passengers must have received all necessary medical inoculations prior to the Cruise and have in their possession all tickets, valid passports, visas, medical cards and any other documents necessary for the scheduled ports of call and disembarkation.
18.4 Each Passenger warrants that he/she is physically and mentally fit to undertake the Cruise.
18.5 The Carrier and/or the master have the right of refusing the boarding or order the disembarkation of any Passenger should they deem it necessary, for the safety, security, of the Passenger, of the other Passengers or of the ship or should the Passenger’s conduct which, in the reasonable opinion of the master, is likely to endanger or impair the comfort and enjoyment of other Passengers onboard.
18.6 No Passenger shall bring any animals whatsoever, except for recognized service dogs, subject to clause 7 above.
18.7 The Company and/or the Carrier will be under no liability whatsoever to any Passenger in respect of any breach or non-observance by any Passenger of the provisions of this clause and any Passenger shall indemnify the Carrier and the Company against any loss or damage occasioned to the Carrier or the Company or any of its suppliers by such breach or non-observance.
18.8 Passenger’s behaviour must not affect and reduce the safety, peace and enjoyment of the Cruise by other Passengers.
18.9 It is strictly forbidden for Passengers to carry firearms, ammunition, explosives or flammable, toxic or dangerous substances, goods or articles on-board any Vessels which could be dangerous for the safety of Passengers and the Vessels.
18.10 Passengers shall be liable for any damage suffered by the Company and/or the Carrier and/or any supplier of any service that forms part of the Cruise Package as a result of the Passenger’s failure to comply with his contractual obligations. In particular, the Passenger shall be liable for all damages caused to the vessel or its furnishings and equipment, for injury or loss to other Passengers and third parties, and also for all penalties, fines and expenses attributable by the Passenger that the Company, Carrier or supplier may be liable to pay.
18.11 Passengers are not allowed to sell and/or purchase from other passengers or travel operators on board the ship any type of commercial services – including but not limited to shore excursions – which are not official offered by the Company or its agreed independent contractors.
19.1 Any Passenger with a complaint whilst on a Cruise must bring it to the attention of the Cruise staff onboard as soon as possible. If the Cruise staff is unable to resolve the problem, any complaint must be notified in writing to the Company within 15 days of the termination of the Cruise. Failure to report the complaint within this time may adversely affect the Company’s ability to deal with it. Complaints relating to any other part of an Cruise Package must be made promptly to the Company or the supplier.
19.2 Notices of claim for loss or damage to luggage or other personal property shall be given to the Carrier in writing before or at the time of disembarkation, or if not apparent, within fifteen (15) days from the date of disembarkation.
20. DATA PROTECTION
No variation of these terms shall be effective unless in writing and signed by the Company.
22. LIABILITY OF EMPLOYEES, SERVANTS AND SUBCONTRACTORS
23.1 It is hereby expressly agreed that no servant or agent of the Company and/or the Carrier, including the Master and crew of the cruise vessel concerned including independent subcontractors and their employees as well as the underwriters of these parties shall in any circumstance whatsoever be under any liability whatsoever beyond these Booking Terms & Conditions and these parties may invoke these Booking Terms & Conditions and the Conditions of Carriage to the same extent as the Company and/or the Carrier.
23.2 Shore Excursions are operated by independent contractors even if sold by Sales Agents or on board the cruise ship. The Company shall not be responsible in any way for the services provided by such independent contractors. The Company operates as mere agent for the Shore Excursion provider. The Company has no direct control over the Shore Excursion providers and their services hence in no case whatsoever will the Company be held liable for loss, damages and injuries suffered by the Passenger as a result of the negligence or otherwise of the Shore Excursion providers. The Company will exercise reasonable skill and care in the selection of a reputable Shore Excursion provider. In assessing performance and/or liability of Shore Excursion providers, local laws and regulations will apply. Shore Excursions shall be subject to the Shore Excursion provider’s terms and conditions including the benefit of any limitation of liability and the level of damages. The Company’s liability shall never exceed that of the Shore Excursion provider.
23. LAW AND JURISDICTION
The present contract is governed by Chinese law. Should any dispute arise on the interpretation or application of the present contract, it will be deferred to the Court of People’s Republic of China to be considered has having exclusive jurisdiction on every dispute.
24. ERRORS, OMISSIONS AND CHANGES
Every effort has been made to ensure accuracy of the Company or Ticketing Agency’s brochure and/or of the Official Website content but certain changes and revisions may take place after the printing of the Company’s brochure and/or the publishing of the Official Website.
Since the Booking Terms & Conditions applicable to the single Cruise or Cruise Package are those in force at the time of completing the Booking, irrespective of those published in the relevant Company’s brochure, it is recommended to check with the Sales Agent or by visiting the Company or Ticketing Agency’s Official website for the most up to date Booking Terms & Conditions.
400 8200 966
400 8200 966
09:00 – 18:00（法定节假日除外）
09:00 – 18:00（法定节假日除外）