Terms and conditions
TOURISM AGREEMENT TERMS AND CONDITIONS
3. DEFINITIONS USED IN THE TERMS AND CONDITIONS
Cruise – a tourist trip on a special passenger ship along a specific route with stops at one or more ports.
Passenger – the CLIENT specified in the Agreement and the persons accompanying the CLIENT who will go on the Cruise or are recipients of the Cruise service.
Carrier – the company CI Cruises International S.A., which operates Cruises on behalf of the OPERATOR MSC Crociere S.A..
CTA – LTD Cruiselines Travel Agency – an agency authorized to distribute the operator’s tourism services
Operator – MSC is the organizer of a comprehensive tourism service, which combines and offers for sale or sells complex tourism services to travelers directly or through AGENTS
4. OBLIGATIONS OF THE CONTRACTING PARTIES
4.1 Rights and Obligations of the OPERATOR and CTA:
4.1.1. The CTA provides all the information about the cruise and its terms and conditions to CLIENT.
4.1.2. The CTA will ensure that the CLIENT has a health insurance policy.
4.1.3. The CTA shall ensure the provision of cruise services to the CLIENT in accordance with the terms of the Agreement.
4.1.4. The CTA has the right to use the data of Passengers for the provision of the cruise and to inform the CLIENT about the services of the CTA. The data shall not be transferred or disclosed to third parties unless the CLIENT has authorized such action or unless required to do so by law.
4.1.5. To make changes to the cruise itinerary due to operational, economic, or other significant reasons. If the changes affect the terms of the Agreement, the CTA shall inform the CLIENT as soon as possible. In the event of changes to the Agreement, the CTA shall ensure that the CLIENT is provided with one of the following options:
4.1.5.1. accept the changes;
4.1.5.2. book another equivalent cruise from the cruise catalog, if available;
4.1.6. The OPERATOR reserves the right to change cruise prices at any time to accommodate changes in:
4.1.6.1. Ship fuel costs, where each increase in the price of a fuel barrel (NYMEX index) by one dollar will increase the cruise price by 0.33%;
4.1.6.2 Fees, taxes, or charges imposed for services such as embarkation or disembarkation fees at ports or airports, where changes in package prices will be directly proportional to the changes in the costs of the aforementioned services.
4.1.7. The OPERATOR does not have the right to change the Cruise price if the CLIENT has made full payment for the Cruise or if there are 35 (thirty-five) days or less remaining until the departure date.
4.1.8. The OPERATOR reserves the right, at its sole discretion and/or at the discretion of the ship’s captain, to change the cabin number and location selected by the client, while retaining the selected cabin category or upgrading it to a higher category.
4.1.9. CTA will take appropriate measures to fulfill the CLIENT’s requests to change the terms of the Agreement but does not assume responsibility for any inability to meet those requests.
4.1.10. The OPERATOR has the right to cancel the Cruise at any time, notifying the CLIENT in writing (if possible), provided that the cancellation is justified by a significant and valid reason.
4.1.11. If the reason for cancellation is due to unusual or unforeseen circumstances beyond the control of the OPERATOR and the CTA, and the consequences of which the OPERATOR could not have avoided even by taking all necessary measures, the CTA, in cooperation with CTA, will offer the CLIENT the designated option:
4.1.11.1. Offer to book a different Cruise from the catalog, if available;
4.1.12. If the CLIENT has not paid the full amount for the Cruise by the specified date on the Agreement page 1, CTA has the right to cancel the reservation without notice and charge the CLIENT a cancellation fee as specified in clause 5.4 of these terms.
4.1.13. The OPERATOR and the Carrier have the right to request any Passenger to present a medical certificate confirming their fitness for the cruise journey.
4.1.14. The OPERATOR and/or the captain of any Carrier’s vessel reserve the right, at their sole discretion, to deny boarding or disembark any Passenger:
4.1.14.1. who appears to be in an advanced stage of pregnancy;
4.1.14.2. exhibiting symptoms of any illness, including but not limited to viral, bacterial, or gastrointestinal diseases;
4.1.14.3. for whom the information specified in clause 6.8 regarding inability or the need for assistance due to special needs has not been provided.
4.1.14.4. whose behavior poses a threat to or worsens, or there is reasonable suspicion that it could worsen, the comfort and enjoyment of other persons on board;
4.1.14.5. who, for any reason, is deemed unfit to travel, which could potentially endanger their health or safety, or who may be denied permission to disembark at any port, or whose presence could make the Carrier liable for care, assistance, or repatriation.
4.1.15. The ship’s captain has the right, at their and/or the ship’s doctor’s discretion, to require the Passenger to remain in their cabin or transfer them to another berth or cabin for health and safety reasons.
4.1.16. The ship’s doctor on the Carrier’s vessel has the authority to provide first aid and administer any medications, drugs, or other substances, and/or admit the Passenger to the ship’s infirmary or any similar facility at any port if deemed necessary by the ship’s doctor and/or captain. If the Passenger refuses to cooperate with such treatment, they may be disembarked at any port.
4.1.17. The OPERATOR and/or Carrier and/or health authorities at any port have the right to conduct public health surveys by questioning the Passenger.
4.2 RESPONSIBILITY OF THE CTA AND OPERATOR
4.2.1 The OPERATOR is responsible for ensuring that the Cruise is provided in accordance with the Agreement, except in cases where the non-performance or improper performance of the Agreement is not the fault of the OPERATOR or the provider of services that form part of the Cruise, and the Agreement cannot be fulfilled:
4.2.1.1 due to the fault of the Passenger;
4.2.1.2 due to the unforeseen or unavoidable actions or failures of a third party, which are not related to the provision of any services specified in the Agreement;
4.2.1.3 due to unusual or unavoidable circumstances beyond the control of the OPERATOR and/or any other service provider involved in the Cruise, the consequences of which could not have been avoided even by taking all necessary measures, including (but not limited to) cases of force majeure;
4.2.1.4. due to an event that the OPERATOR and/or any service provider involved in the Cruise could not have foreseen or prevented, even by taking all necessary measures.
4.2.2. The OPERATOR/CTA is not responsible if the CLIENT is denied an entry visa by the embassy of the country on the itinerary or any other relevant institution, resulting in the CLIENT being unable to embark on the Cruise;
4.2.3. The OPERATOR is not responsible if the CLIENT is denied entry into a country for reasons beyond the OPERATOR’s control, preventing the CLIENT from continuing the Cruise;
4.2.4. The OPERATOR is not responsible for potential transportation delays (such as flight or ferry delays, traffic jams, road repairs, strikes, etc.) during the Cruise, route changes due to administrative requirements, accidents related to CLIENT injuries (health issues or loss of life), or cases where the CLIENT’s belongings are lost, stolen, or damaged.
4.2.5. The OPERATOR or Carrier is not responsible for the quality of medical care at the port of call or the location where the CLIENT is disembarked. Medical equipment and standards vary at different ports. The OPERATOR or Carrier does not represent or guarantee the level of medical services provided ashore.
4.2.6. The Carrier is not responsible for the inability to resolve any CLIENT’s medical issues. The ship’s doctor is not a specialist in all fields, and the ship’s medical center is not equipped to the same standard as land-based hospitals. The ship carries medical supplies and equipment in accordance with the requirements of its flag state to resolve minor health issues.
4.2.7. The Carrier is subject to the terms and conditions of the actual Carrier’s transportation regulations, which may limit or exclude liability.
4.2.8. The Athens Convention of 1974 (hereinafter referred to as the “Athens Convention”), as amended in 1976, applies within the scope of this Agreement and governs the carriage of Passengers and their luggage by sea.
4.2.9. The OPERATOR’s liability shall not exceed that of the Carrier in accordance with its transportation terms and/or applicable or included conventions.
4.2.10. The OPERATOR shall not compensate the Passenger for claims arising from losses or damages directly or indirectly caused by circumstances that hinder the performance and/or timely performance of the Agreement, including but not limited to war, threats of war, insurrection, civil conflict, disputes related to the OPERATOR’s operations between the OPERATOR and its employees or other persons, acts of terrorism or threats of terrorism, inability to supply electricity, health or epidemic threats, natural or nuclear disasters, adverse weather conditions or unfavorable sailing conditions, Passenger suicide or attempted suicide, the Passenger’s deliberate exposure to unnecessary dangers (except for attempts to save human lives), or consequences resulting from participation in unnecessary and dangerous activities, and other similar circumstances beyond the OPERATOR’s control.
4.2.11. Neither the OPERATOR, nor the CTA shall be liable to the Passenger for any breach or non-compliance with these terms and conditions by the Passenger.
4.2.12. If the Passenger is denied boarding due to their health condition and/or their fitness to travel, neither the OPERATOR, nor the CTA shall assume any liability for the Passenger.
4.2.13. The OPERATOR or the Carrier shall not be liable for any loss, expense, or compensation incurred by the Passenger if the Passenger is disembarked at any port on the instructions of the ship’s captain, provided that the Passenger has refused to cooperate with the recommended medical treatment by the ship’s doctor.
4.2.14. Under no circumstances shall the OPERATOR, or the CTA be liable for any loss of profit, revenue, use, agreement, or opportunity, or for any other consequential or indirect loss or damage arising in connection with these terms and conditions.
4.2.15. The CTA shall not be liable for any changes to the cruise initiated by the OPERATOR and over which the CTA has no control. In such cases, the CTA undertakes to promptly inform the Client of the changes to the cruise and offer the Client an alternative option based on the OPERATOR’s proposal.
4.3 CLIENT Rights and Obligations:
4.3.1. The CLIENT undertakes to comply with the requirements and terms of this Agreement and to make payment for the Cruise within the specified deadlines on Agreement page 1.
4.3.2. The CLIENT acknowledges being informed of possible changes to the Cruise program within the framework of this Agreement and agrees to them without requiring additional written consent from the PARTIES.
4.3.3. The CLIENT confirms that all individuals mentioned in the Agreement agree to assume the obligations specified in the terms of the Agreement and that the CLIENT is authorized to accept these terms on behalf of all persons listed in the Agreement page 1.
4.3.4. The CLIENT is obliged to arrive at the departure time and location specified by the CTA and ensure that all accompanying persons do the same. The CLIENT must strictly adhere to the rules governing the use of the ship and other services and comply with the laws and general conduct regulations of the countries included in the itinerary during the Cruise.
4.3.5. If the CLIENT fails to arrive on time on the departure date at the designated transport or otherwise fails to use the services specified in the Agreement due to their own fault, they are not entitled to claim compensation for unused services.
4.3.6. The CLIENT confirms that they and the other persons specified in the Agreement possess passports that are valid for the entire duration of the Cruise and for six months beyond the return date. The CLIENT also confirms that they have obtained or will obtain the necessary travel visas. The CLIENT is responsible for verifying any specific requirements for document issuance in certain countries and for taking the necessary steps to obtain such documents (e.g., specific passport requirements for travel to the USA).
4.3.7. If the CLIENT encounters complaints or issues during the Cruise, they must immediately inform the responsible Cruise ship personnel. If the Cruise personnel cannot resolve the problem, the CLIENT must notify the CTA in writing by submitting a complaint within 10 (ten) days of the end of the Cruise. If the Passenger fails to report the complaint within the specified time, the CTA does not guarantee the ability to resolve the issue.
4.3.8. The CLIENT undertakes to provide health insurance for themselves and other persons specified in this Agreement, covering medical care and repatriation. If the CLIENT declines to obtain insurance through the CTA, they assume full responsibility for any consequences arising from not having insurance.
4.3.9. It is the CLIENT’s duty and responsibility to seek medical assistance if needed during the Cruise. Medical services on board will be provided at an additional cost.
4.3.10. The CLIENT may request changes to the Agreement no later than 30 (thirty) days before the Cruise departure. The CLIENT must cover all additional expenses related to such changes, including an administration fee of 50 (fifty) euros per person for each amendment.
4.3.11. The CLIENT has the right to cancel the Agreement at their own initiative. In the event of such cancellation, the CLIENT must pay a cancellation fee in accordance with clause 5.4 of the Agreement, as well as an administration fee of 30 (thirty) euros per person.
4.3.12. The CLIENT has the right to terminate the Agreement and receive a refund if the total Cruise price increase, determined by the OPERATOR and as described in clause 4.1.6 of these terms, exceeds 10% (ten percent) of the Agreement amount.
4.4 PASSENGER RESPONSIBILITIES
4.4.1. The passenger has the obligation, while on board the ship, to comply with the lawful requests of the ship’s captain or delegated officers, and to allow them (together with other crew members) to inspect any passenger, their cabin, luggage, and personal belongings for safety or other legitimate reasons.
4.4.2. The passenger agrees to the inspections mentioned in Section 4.4.1 of these terms.
4.4.3. Before the cruise, passengers must obtain all necessary medical vaccinations and possess all tickets, valid passports, visas, medical records, and other required documents for the planned port calls and shore excursions.
4.4.4. Each passenger is responsible for ensuring that their health condition is suitable for travel.
4.4.5. No passenger is allowed to bring dangerous goods or items on board, nor any animals.
4.4.6. The passenger’s behavior must not jeopardize the safety, peace, or enjoyment of other cruise passengers.
4.4.7. Without the written permission of the OPERATOR, passengers are not allowed to bring animals, weapons, ammunition, explosives, or flammable, toxic, or hazardous substances on board.
4.4.8. Passengers will be held responsible for any losses incurred by the OPERATOR and/or the Carrier, and/or service providers forming part of the cruise, resulting from the passenger’s failure to fulfill their obligations. Passengers will also be responsible for all losses, damages caused to the ship, its equipment, or facilities, as well as injuries or losses caused to other passengers and third parties. The passenger will be liable for all fines, fees, and expenses applicable to them, which may be claimed from the OPERATOR, Carrier, or service provider.
5. PAYMENT TERMS AND REFUND POLICY
5.1. The CLIENT, for each person participating in the Cruise and specified in the Agreement, shall make an Advance Payment in the amount specified in the Agreement as part of the Cruise price at the time of booking the Cruise.
5.2. The CLIENT shall pay the full amount of the Agreement no later than the deadline specified in the Agreement before the departure date of the Cruise.
5.3. If the reservation request is made close to the departure date (1-3 months depending on the cruise operator’s terms), the CLIENT shall pay the full amount at the time of booking.
5.4. All cancellations and changes requested by the CLIENT must be submitted to the OPERATOR and will be processed in accordance with the OPERATOR’s official terms, which the CLIENT has been informed of prior to using the OPERATOR’s services. The CTA applies an additional administration fee of 30 (thirty) euros per person.
OPERATOR official terms and conditions:
5.5. Upon receiving a written request from the CLIENT expressing the desire to cancel all or part of the previously ordered and partially or fully paid services, the CTA shall refund the CLIENT the received amount, minus deductions calculated in accordance with the OPERATOR’s terms.
5.6. In the event of the cancellation of the Agreement, the CLIENT shall submit a written application to the CTA and return all travel documents (including issued tickets and confirmation invoices).
5.7. Airline tickets are non-changeable and non-refundable. Changes to airline tickets can only be made if they were purchased in a fare class that allows modifications.
5.8. Additional services, including accommodation, transfers, or insurance, may be changed or canceled at the CLIENT’s request if the full payment for the Agreement has not yet been made.
5.9. Visas are non-refundable services. The CTA and the Operator are not responsible for the visa application process or its outcome.
6. HEALTH CONDITION AND FITNESS TO TRAVEL
6.1. The CLIENT guarantees that they are sufficiently healthy to travel by ship and that their behavior or health condition will not compromise the safety or comfort of the ship and/or other passengers.
6.2. Any CLIENT in a condition that may affect their fitness to travel must submit a medical certificate before making a Cruise reservation.
6.3. Pregnant women at any stage of pregnancy are advised to consult a doctor before traveling.
6.4. The Carrier does not provide medical equipment suitable for childbirth on board the Cruise ship. The CTA does not accept reservations, and the Carrier does not transport passengers whose pregnancy will exceed 24 (twenty-four) weeks by the end of the Cruise.
6.5. Passengers whose pregnancy does not exceed 24 (twenty-four) weeks at the time of boarding must obtain a medical certificate confirming their fitness to travel.
6.6. In cases where the Agreement is concluded with a Passenger who, at the time of making the reservation, did not know and could not have known about their pregnancy, the OPERATOR will refund the full Cruise price in the event of the Agreement’s termination, provided such cancellation is reasonably feasible. Thereafter, neither the OPERATOR, the CTA, nor the CTA will have any further liability toward the Passenger.
6.7. To ensure the safety and comfort of all passengers with disabilities, illnesses, limited mobility, or other special needs, it is essential to provide the CTA with full information at the time of reservation.
6.8. Passengers with physical or mental disabilities who require special treatment or assistance (including those in wheelchairs) must inform the CTA in writing before making a reservation about the type of disability, any medical equipment intended to be brought onboard, and/or any special medical or other assistance they may require. Such Passengers may need travel companions who are suitable and capable of assisting them.
6.9. Each Passenger using a wheelchair must use a standard-sized, collapsible wheelchair during the cruise and must have a travel companion who is suitable and capable of assisting them.
6.10. Physically weak Passengers or Passengers with wheelchairs or limited mobility may not be able to go ashore at ports where the ship is anchored. A list of these ports is available from CTA upon written request.
6.11. The Passenger is obliged to provide accurate information about any illness symptoms, including but not limited to gastrointestinal illnesses, if the OPERATOR and/or Carrier and/or health authorities at any port conduct a public health survey. Refusal by the Passenger to complete the survey form may result in denial of boarding.
6.12. If a Passenger falls ill with a viral or bacterial illness during the cruise, they must remain in their cabin for health and safety reasons if instructed to do so by the ship’s doctor.
6.13. Passengers are reminded that certain foods may trigger allergic reactions in some individuals due to ingredient intolerances. If a Passenger has any known allergies or food intolerances, they are required to inform the dining room attendant immediately upon boarding the ship.
6.14. For children aged 3 to 12 months, a medical consultation is recommended before making a booking.
7. DURATION OF THE AGREEMENT
7.1. The Agreement comes into effect once the Advance Payment or the full Agreement amount for the Cruise has been paid, and a confirmation invoice is issued by the CTA.
7.2. By signing this Agreement, the CLIENT confirms that:
7.1.1. CLIENT has given consent for the processing of personal data mentioned in Clause 1 of this Agreement;
7.1.2. CLIENT has reviewed the terms of this Agreement, which have been duly discussed between the PARTIES and acknowledged as reasonable and acceptable to both PARTIES;
7.1.3. CLIENT has received all the necessary information regarding the Cruise and, in case of any uncertainties, undertake to contact the CTA to clarify any necessary details for the successful execution of the Cruise.
7.3. This Agreement fully reflects the agreement between the contracting PARTIES and supersedes any previous arrangements, promises, or agreements made between the PARTIES prior to the signing of the Agreement.
7.4. The Agreement may be amended and supplemented only by mutual written agreement of both PARTIES. Any amendments, supplements, or other documents related to this Agreeement shall form an integral part of the Agreement.
7.5. Any disputes arising during the execution of the Agreement shall be resolved by mutual agreement between the PARTIES. If an agreement cannot be reached, either contracting PARTY has the right to refer the dispute to a court, in accordance with the procedures established by the applicable laws of the Republic of Latvia. All issues not specified in this Agreement, as well as the relations between the PARTIES, shall be governed by the laws in force in the Republic of Latvia.
7.6. The Agreement is drawn up in Latvian and English in two copies, one for each contracting PARTY, both holding equal legal force.
