/13 SEASON MSC SINFONIA/OPERA ONE BOOKING FORM PER CABIN Please complete & sign this form in block

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1 BOOKING REQUEST FORM 2012/1 /13 SEASON MSC SINFONIA/OPERA ONE BOOKING FORM PER CABIN Please complete & sign this form in block letters and initial the terms & conditions fax back along with copies of your passport. Megatrav Fax (011) Tel (011) Website: Indicate with a cross which ship you wish to book DEPARTURE DATE REQUESTED MSC Sinfonia CATEGORY OF CABIN MSC Opera Indicate dinner sitting preferred with a cross 18h30 20h45 Your preference will be noted.. Seating S requests cannot be confirmed. Documents will be issued as per information advised.. Incorrect information will result in additional cost for your account Surname as per passport First (as per passport) Title: Mr/Mrs/ Ms ID Number Date of Birth Passport No. Nationality Expiry Date Lead Name Passenger 2 Passenger 3 Passenger 4 DD/MM/YY DD/MM/YY DD/MM/YY DD/MM/YY DD/MM/YY DD/MM/YY DD/MM/YY DD/MM/YY I require transfers from Durban airport / Durban R 110 per persoon per way YES NO Postal address Cell No: Work Tel: Home Tel: Fax No: Postal Code EMERGENCY CONTACT (Person not travelling) Name: Cell No: NOTE: Passengers over 70 years require a doctor s certificate of fitness to travel. Starlight cannot accept passengers beyond 23 weeks pregnancy. Mandatory Insurance Cover: Oojah Travel Protection (Pty) Ltd is an authorized financial services provider (number 42928), and is underwritten by the Hollard Insurance Company. Schedule of Benefits Benefits Cruise 8 Days or Less Cruises 9 days + all Madagascar cruises Medical & Related Expenses R750,000 R5,000,000 Personal Accident R 50,000 R50,000 Cancellation & Curtailment (Excess R500) R10,000 R15,000 Baggage Loss (Excess R500) R10,000 R15,000 Your policy contains restrictions regarding age limits, personal possessions, pregnancy and preexisting medical conditions. General Advice Warning: the above schedule of benefits is a summary of the terms, conditions and exclusions. MSC Starlight Cruises is mandated to provide you with information only, but cannot advise you on whether the terms are specifically appropriate for your individual situation or needs. We recommend that you carefully read the Policy Wording at the time of making your booking. Please contact Oojah Travel protection should you require any advice on the cover provided: (012) (office hours). A copy of the Policy Wording can also be downloaded from the MSC Starlight Cruises website: INDEMNITY - In my capacity as a passenger on the vessel, I acknowledge that there is a risk involved in embarking and disembarking the vessel and accordingly confirm that I do so at my sole risk of any injury, death or other consequence, howsoever arising, including the negligence of any party inclusive of the Company, Starlight Cruises or any of their servants or agents. I hereby indemnify the Company and MSC Starlight Cruises and hold you harmless against all losses, damage or harm howsoever arising (including the negligence of any third party, of the Company, or MSC Starlight Cruises or any of their servants or agents) whether to my person or my property in connection therewith. I warrant that I have full legal capacity to sign this indemnity, which is binding on myself and on my heirs, executors, trustees and assigns, and is signed on behalf of any person appearing on this form. I am aware that valid passports, visas, ID documents and health documents are required and that the obtaining of these documents is my responsibility. I confirm that I am authorized to sign this Booking Form for all of the above mentioned persons and that on behalf of all persons named above I have read, understood and agree to the Terms and Conditions, Conditions of Carriage and Frequently Asked Questions as attached to this Booking Reservation Form. Name: Signature: Date: N.B. ALL PRICES QUOTED AS PER OUR BROCHURE ARE BOOKING SUBJECT TO CHANGE PRIOR TO DEPARTURE DUE TO CURRENCY FLUCTUATIONS AND ANY INCREASE IN FUEL COSTS WHICH WILL ATTRACT SURCHARGES LEVIED AT THE SOLE DISCRETION OF THE CARRIER. BOOKING RESERVATION NO: DATE OF TRAVEL: Page 1 of 19

2 Booking Terms and Conditions for any intended Cruise and Contract of Carriage to be concluded with MSC Crociere S.A. 1. INTRODUCTION 1.1 MSC Crociere S.A. ("MSC MSC") of Geneva, Switzerland, provides ocean cruises ("Cruises Cruises") aboard ships departing and/or returning to ports within South Africa 1.2 MSC sells tickets ("Cruise Tickets") for the Cruises. It does so in South Africa through the local offices and sales staff of MSC Starlight Cruises. MSC also sells other services ("Additional Services") which may be purchased in addition to a Cruise Ticket, such as excursions, flights and hotel accommodation provided by third parties ("Service Providers") "). 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 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 l Agent are made and/or sold to you on these standard terms and conditions ("STC's") read together with the Contract of Carriage and d the answers to the "Frequently Asked Questions ("FAQ's") together with any other terms and conditions which you agree with MSC in writing. Please make sure you read and understand these STC's, the Contract of Carriage, the FAQ's and any other terms and d conditions agreed with MSC, especially the provisions which are typed in bold print and/or have been specifically drawn to your attention. 1.5 If you book a Cruise, or purchase a Cruise Ticket and/or any Additional Services, through a Travel Agent, you agree that the Travel Agent is your Agent and not the Agent of MSC. Accordingly money handled by the Travel Agent 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 signing the Booking Reservation Form on your behalf, you confirm and warrant the authority of the Agent to do so and you agree to be bound by all the Terms and Conditions thereof. In addition the Travel Agent in so signing the Booking Reservation Form warrants his/her authority to do so on behalf of the passenger and that the Terms and Conditions were drawn to the attention of the passenger. 2. ADDITIONAL SERVICES 2.1 In addition to your Cruise Ticket, you may wish to purchase Additional Services such as air tickets, hotel accommodation and shore excursions, which Additional Services are provided by Service Providers. The Additional Services may be provided before, during and/or after your Cruise. 2.2 By purchasing any Additional Services through MSC, you appoint MSC as your agent to arrange, book and collect payment for such Additional Services. 2.3 The Additional Services are supplied by the Service Providers as independent contractors and not by MSC. MSC only books the Additional Services and collects and pays the cost of the Additional Services ("Additional Service Costs") to the Service Providers on your behalf. 2.4 The Additional Services are provided by the Service Providers on their terms and conditions. By purchasing any Additional Services through MSC you agree to be bound by the terms and conditions of the Service Providers who provide those Additional Services to you. Such terms and conditions are available on request from MSC. 2.5 Although all Additional Services are provided by reputable Service Providers, MSC has no control over the way in which the Service Providers perform the Additional Services and so MSC is not liable for any loss, damage or harm which you suffer from or as a result of any Additional Services which any Service Providers provide to you, or if the Additional Services are delayed or not provided by the Service Provider. This means that you will have to claim directly against the Service Provider for any such loss or damage which you suffer. 2.6 Although MSC might not be able to state the identity of the Service Provider at the time when you book an Additional Service, all Additional Services will to the best of MSC's knowledge and belief, be provided by reputable Service Providers. 2.7 MSC may be required to pay the Service Providers in advance for the Additional Services which you have booked. 2.8 If you cancel your Cruise Booking after such payment has been made to the Service Provider, you will have to contact the Service Provider directly to attempt to recover any payment which has been made for your requested Additional Services. 2.9 If you change your Cruise booking after any payment for Additional Services has been made to the Service Providers, although MSC may assist you to change the Additional Services es which you have booked: you will be responsible for ensuring that the Additional Services which you have booked are changed to meet your requirements; MSC is not responsible for any changes to the Additional Services which you have booked and which any Service Providers cannot accommodate; and you will be liable to pay to the Service Providers any extra costs which the Service Providers may charge to accommodate your requested change. 3. BOOKING PROCEDURE 3.1 You have requested MSC to provide you with the Cruise Ticket and any Additional Services indicated in the booking confirmation ("Booking Confirmation") to which these STC's are attached (and also available on our website The Booking Confirmation is an offer by MSC to provide the Cruise to you and to book the Additional Services on your behalf, for the dates, times and at the price ("Package Price") indicated in the Booking Confirmation. 3.3 The Booking Confirmation is only open for acceptance e by you for a period of 72 hours ( Purchase Period ) after the date on which it is sent to you. (48 Hours if booked within 60days of sailing.) 3.4 To book the Cruise Ticket and any Additional Services set out in the Booking Confirmation, you must within the Purchase Period, pay the non-refundable deposit ("Deposit Deposit") indicated in the Booking Confirmation to MSC in cash or by electronic funds transfer into the bank account set out in the Booking Confirmation, or available on request from the Branch where your Cruise booking was made 3.5 If you do not pay the Deposit to MSC within the Purchase Period, the offer contained in the Booking Confirmation will lapse and a 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. LATE BOOKINGS 3.6 If you want to book a Cruise Ticket and any Additional Services less than 60 days before the date when the Cruise is scheduled to commence, you must within 48 hours ("Late Payment Period") after receiving the Booking Confirmation from MSC: complete and submit to MSC the booking form ("the Booking Form") available online at pay the full amount of the Package Price to MSC. 3.7 If you do not submit the Booking Form and pay the full amount of the Package Price to MSC within the Late Payment Period, the offer contained in the Booking Confirmation will lapse and to book a Cruise and any Additional Services, you will have to request a new Booking Confirmation from MSC. MSC cannot guarantee that the same cruise departure date/ cabin category or cabin number and/or Additional Services will be available able to you. 4. COOLING OFF PERIOD Please note that if MSC approaches you in person, by post or electronic communication to offer to sell you a Cruise Ticket and as a result, you purchase a Cruise Ticket from MSC, within 5 business days after the date on which you pay the Deposit, you may cancel your Cruise booking (without any charge) by Page 2 of 19

3 giving MSC a written notice of cancellation. MSC shall within 15 business days after receiving your notice of cancellation, refund to you the Deposit and any other amount which you have paid to MSC for your Cruise Ticket. 5. THE BOOKING FORM AND YOUR PERSONAL INFORMATION 5.1 Except for late bookings referred to in clause 3.5,, you must complete and submit the Booking Form to MSC by the Payment Date referred to in clause You warrant that all information which you provide to MSC in your Booking Form is true and correct at the time when you submit the Booking Form to MSC. 5.3 You agree that MSC may use the information which you have provided in your Booking Form to provide you with marketing material relating to the Cruises and Additional Services which MSC has on offer from time to time. 6. MAKING BOOKINGS FOR OTHER PEOPLE By booking Cruise Tickets and any Additional Services for other people, you confirm that such other people have authorised you u to accept these STC's on their behalf. 7. THE DEPOSIT AND REFUNDS 7.1 The Deposit is non-refundable and will be retained by MSC if after the date on which MSC receives your Deposit you cancel your Cruise Booking. 7.2 Subject to the cooling off period in clause 4, any refunds referred to in these STC's exclude the Deposit. 8. THE PACKAGE PRICE AND PAYMENT 8.1 The Package Price set out in the Booking Confirmation includes: the cost of the Cruise Ticket ("Cruise Fare"); Service Costs for Additional Services requested to be provided by Service Providers as outlined in Point 2 ; A hotel service charge ("Hotel Service Charge"). (During your cruise you will meet staff throughout the ship, who provide you with an excellent service. s They are supported by just as many staff and crew who work behind the scenes to ensure you enjoy every moment onboard.) port and baggage charges ("Port Charges") levied for the use of port facilities and the handling of your luggage; and a travel insurance premium ("Insurance Premium") for the travel insurance arranged by MSC as explained in clause 12 below. 8.2 The Hotel Service Charge is: i South bound Grand Cruises (18-21 days) to South Grand Cruises (18-21 days north bound from Africa South Africa All other cruises from South Africa Adults (18 and over) R65 per night Adults (18 and over) R50 per night Adults (18 and over) R50 per night Child (14 17) R32.50 per night Child (3 and over) R25 per night Child (3 and over) R25 per night Child (under 14) No Hotel Service Charge Child (under 3) No Hotel Service Charge Child (under 3) No Hotel Service Charge 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 electronic funds transfer into the bank account set out in the Booking Confirmation, or available from the MSC Starlight Cruises office where your cruise booking was made. 8.4 If you fail to pay the balance of the Package Price to MSC by the Payment Date, MSC may cancel your booking and a may retain a Service fee for administrative a costs 9. OTHER SERVICE CHARGES ON BOARD A CRUISE SHIP When you buy beverages on board the ship during your Cruise, an amount of 15% of the cost per purchase will be added to your bill as a gratuity for the staff who serve you your beverages. 10. ON BOARD ACCOUNTS 10.1 During the Cruise you may wish to make purchases from the on board shops, restaurants, bars and other outlets. All purchases made on board the Cruise Ship are made in United States Dollars ("USD USD") (save for the first cruise of the season heading Southbound from Europe to South Africa where all purchases will be made in Euros) When you board the Cruise Ship you will receive an identity card ("Cruise Card") which is also used to pay for your on board purchases. The ship is a cashless environment and when making onboard purchases, you will do so using your Cruise Card. (The onboard casinos only accept cash for gambling purposes) 10.3 All of your on board purchases are recorded on an on board account opened ed in your name. The full amount due for onboard purchases made is required to be paid before being permitted to disembark the Cruise Ship at the end of the Cruise You may link the Cruise Cards of other passengers to your on board account 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: to request your bank to authorize MSC to charge your on board purchases to your credit card up to an amount of USD250; and 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 On the last night of your Cruise, MSC will deliver 2 copies of an invoice for your on board account transactions to your cabin. You must check the on board purchases recorded in the invoice and sign and return one copy of the invoice to the accounting office onboard. You may keep the other copy for your records 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 authorizes MSC to charge to your credit card referred to in clause are not deducted from your credit card account but are put on hold by your bank for a period of up to 15 to 20 days after the Cruise has ended so that there are funds available to pay to MSC the amount of your invoice If you would rather use cash to activate your account, you must deposit a minimum amount of USD200 per person (and USD300 per family) into your on board account and should your onboard purchases exceed the deposit paid, the balance due on your account must be paid in cash before you leave the Cruise Ship 10.9 You may not use your Debit Card, Cheque Card or Cash Passport to activate your onboard account. Where you have used any one of the above cards to activate your on board account (contrary to this prohibition) MSC will not be liable for any loss suffered by you as a result of your use of any of these cards and the onus will rest with you to recover any funds due to you from your bank, You may not use your Cruise Card to pay for any activities which you participate in when you leave the Cruise Ship at any Port. 11. INCREASES IN THE CRUISE FARE 11.1 The Cruise Fare may increase in response to any increase in the applicable Rand/Dollar or Rand/Euro exchange rates or costs of fuel. Any increase in the Cruise Fare will be in direct proportion to the increase in such exchange rates and/or fuel costs. Page 3 of 19

4 11.2 The Cruise Fare will not change in the last 20 days before the date on which your Cruise is scheduled to begin, as long as MSC has received full payment of your Cruise Ticket If the Cruise Fare increases by more than 10% before the date on which MSC receives full payment of your Package Price, you may either: pay the increase in the Cruise Fare to MSC by the Payment Date; or cancel your Cruise Ticket booking by giving MSC a written notice of cancellation no later than 3 days after the date on which MSC notifies you of the increase in your Cruise Fare If you cancel your Cruise Ticket booking because of an increase in the Cruise Fare, MSC will refund to you the Cruise Fare, the t Hotel Service Charge and the Port Charges which you have paid, less the amount of the Insurance Premium and the non-refundable Deposit. 12. INSURANCE ( Not Applicable to South and Northbound cruises where all passengers MUST obtain their own insurance) 12.1 In return for payment of the Insurance Premium, MSC shall arrange Oojah Travel Protection (Pty) Ltd to insure you for the events listed in the table below. Such insurance only covers you for the duration for which you are on a Cruise. Insured event Cruise 8 days or less Cruise 9 days or more Medical & Related Expenses R750,000 R5,000,000 Personal Accident R 50,000 R50,000 Cancellation & Curtailment R10,000 (excess R500.00) R15,000 Baggage loss R10,000 (excess R500.00) R15, The Insurance Premium is non-refundable and subject to the cooling off period in clause 4,, any refunds by MSC referred to in these STC's exclude the amount of the Insurance Premium You shall not be allowed on board a Cruise unless you have the insurance cover referred to above. (Excludes South and Northbound cruises where passengers are REQUIRED to obtain their own insurance and present proof of insurance to MSC Starlight Cruises.) You must read the terms and conditions of the insurance cover attached to your Booking Confirmation and also available at YOUR REQUESTED BOOKING CHANGES 13.1 If after the Booking Date, you wish to change the name in which the Cruise Booking has been made and/or the Ticket has been issued and/or the Cruise dates for which you have booked, you must notify MSC of your requested change in writing You will be liable to pay to MSC any difference (if f applicable) in the Cruise Fare of your current Cruise Booking and requested Cruise Booking as well as any administrative fees applicable 13.3 MSC may charge you the following administrative fees for changing your Cruise Booking If you request a change: Change in name in which Change in date of and/or Booking is made Cruise 60 days or more before the date when the Cruise is scheduled to begin Free Free days before the date when the Cruise is scheduled to begin Free R per person days before the date when the Cruise is scheduled to begin Free R per person days before the date when the Cruise is scheduled to begin R per person R per person 8-20 days or less before the date when the Cruise is scheduled to begin R per person R per person 7 Days or less before the date when the cruise is scheduled to begin No Changes permitted No changes permitted 14. BOOKING CHANGES MADE BY MSC 14.1 The operation of the Cruise Ship is affected by factors beyond MSC's control, such as weather and sea conditions, mechanical problems, the duty to assist ships in distress, instructions of the Port authorities relating to departure and/or arrival and/or stoppages, and the availability of Port facilities. As a result,, it may be necessary for MSC to change the date or time of your Cruise for operational, commercial or safety reasons MSC will notify you (or if you have booked the Cruise Ticket through a Travel Agent -that Travel Agent) as soon as reasonably possible of any changes to your Cruise booking If MSC makes a change to your Cruise booking, you may: accept the new booking; book another Cruise offered by MSC for the same or a higher Cruise Fare (subject to clause 14.5 below); 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 cancel your booking and receive a refund of the Cruise Fare, the Hotel Service Charge and the Port Charges which you paid You must notify MSC in writing of the choice which you have made within 3 days after the date on which you receive notice from MSC of the change in your Cruise booking. If you do not do so, MSC shall assume that you agree to the new Cruise booking 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. 15. CANCELLING YOUR CRUISE BOOKING 15.1 You may at any time on written notice to MSC, cancel the Cruise booking which you have booked If you cancel your Cruise Booking after you have received your Cruise Tickets - Rreferred to in clause 19, you must return any documentation which you have received back to MSC with your notice of cancellation If you cancel your Cruise Booking- MSC may charge you a cancellation penalty calculated as follows: Date of Cancellation Cancellation Penalty 60 days or more before the date when the Cruise is scheduled to begin The non-refundable deposit 45 to 60 days before the date when the Cruise is scheduled to begin 25% of the Cruise Fare 30 to 45 days before the date when the Cruise is scheduled to begin 50% of the Cruise Fare Less than 30 days before the date when the Cruise is scheduled to begin 100% of the Cruise Fare 15.4 Subject to the other provisions of these STC's, you will not be entitled to any refund if: Page 4 of 19

5 you do not board the Cruise Ship on the date when it leaves the port at which you were scheduled to board the Cruise Ship; you board the Cruise Ship at a port other than the port at which you were scheduled to board the Cruise Ship; or for any reason you leave the Cruise before it ends. 16. CANCELLATIONS OF CRUISES BY MSC 16.1 MSC may cancel your Cruise at any time by giving you written ten notice of cancellation If before or during a Cruise, MSC cancels your Cruise for any reason, MSC may: refund you the amount of your Cruise Fare in proportion to the part of the Cruise which has not been performed; or transfer you to another Cruise of a similar, but not necessarily identical, class and type, sailing substantially the same route with substantially similar accommodation and facilities as on the Cruise for which you booked Subject to the provisions of clause 16.2,, MSC shall not be liable for any loss or damages which you may suffer if for any reasons beyond MSC's control; MSC is required to cancel your Cruise. 17. CHANGES IN THE CRUISE, TRAVEL ROUTE OR PORTS 17.1 The Cruise Ship is scheduled to travel the route ("Travel Route") and stop at the ports of call ("Ports Ports") specified in the Cruise which you have booked The operation of the Cruise Ship is affected by weather and sea conditions, mechanical problems, and duty to assist ships in distress, instructions of the Port authorities relating to departure and/or arrival and/or stoppages, the availability of Port facilities, and other factors which may be beyond MSC's control For these reasons, the date and/or time at which the Cruise Ship is scheduled to sail are approximate only and may be delayed for reasons beyond MSC's control MSC does not guarantee that the Cruise Ship will stop at the Ports at which it is scheduled to stop, and/or that the Cruise Ship will travel along the scheduled Travel Route. MSC may change the Travel Route and/or Ports at which the Cruise Ship stops if the master of the Cruise Ship ("the ( Master") considers it necessary to do so for any of the reasons set out above If for any reason, the Cruise Ship is unable to sail the Travel Route, MSC may transfer you to another ship or to any other mode of transport bound for the destination of your Cruise If the Port from which you are scheduled to board the Cruise Ship is changed by MSC, MSC will at its cost arrange for you to be transported to the Port at which you are required to board the Cruise Ship MSC shall not be liable for any loss or damages which you may suffer if for any reasons beyond MSC's control: you have to board the Cruise Ship at a different Port; the time or date on which the Cruise Ship is scheduled to leave a Port is delayed; the Cruise Ship is unable to stop at a scheduled Port or once stopped at a Port, you are unable to go ashore; or the Cruise Ship is substituted by another ship or mode of transport. 18. VISAS AND TRAVEL DOCUMENTS 18.1 You must have a valid and appropriate passport and if necessary, a valid and appropriate visa or permit (collectively "Travel Documents"), for all scheduled Ports at which the Cruise Ship is scheduled to stop for the duration of your Cruise MSC is not responsible for ensuring that you have all necessary Travel Documents. You must present the necessary Travel Documents for inspection as required on entering and exiting any Port You shall be liable to MSC for any fines or penalties imposed on o n MSC by any authority at any Port if you do not present the necessary valid Travel Documents for inspection MSC may at any time request to inspect your Travel Documents. 19. CRUISE TICKETS Provided that MSC has received full payment of the applicable Package Price, at least 14 days before the date on which your Cruise is scheduled to begin, MSC will send you Cruise Tickets - containing all necessary tickets for your Cruise and any Additional Services which you have booked, and setting out the applicable dates of your Cruise and Additional Services. 20. CONDITIONS OF CARRIAGE AND VARIOUS LIABILITY CLAUSES 20.1 Your attention is specifically drawn to the provisions of the contract of carriage and cruise ticket conditions which follow and which will be attached to and form part of your Cruise Ticket once issued. Those terms and conditions ("Contract of Carriage of passengers to or from South African Ports") can also be found at You must carefully read all of those term and conditions as you will be bound by them once you have booked for the Cruise, paid and the Ticket is issued. What are particularly important are the provisions related to the liability of MSC and to their entitlement to limit that liability. Some S of the relevant clauses that affect you are the following and once you have read them and accept those terms and conditions, you y will have to check the box as indicated below, to t signify that you have done so: Clause 9 Luggage on Board a Cruise; Clauses 12 to 14 Medical issues and Fitness to Travel Clause 19 MSC's Liability where the Athens Convention does not apply. This will be the liability clause that will generally be effective where a booking has been made in South Africa, for a cruise to or from a South African Port, so if applicable, you need to take careful note of its i content and the limitations of liability Clause 20 MSC's Liability where the Athens Convention does apply. This will generally only be the liability clause that will be effective where the booking or contract of carriage has been concluded elsewhere than South Africa, or o r where a port to or from which the cruise will travel has local laws that make that Convention, including its limitation provisions applicable Clauses 24 & 25 These clauses deal with Claims and Notice as well as time limits for filing suit. 21. CHOICE OF LAW These STC's shall be governed by the law of the Republic of South Africa. Page 5 of 19

6 Conditions of carriage These Conditions of Carriage set out the terms that govern the relationship, responsibilities and liabilities as between the Passenger and the Carrier and are BINDING ON THE PARTIES. The Passenger has entered into a Passage Contract with an Organiser and these conditions have been incorporated into the Passenger s contract with the Organiser. These Terms and Conditions of Carriage will also apply where the vessel is being used as a floating hotel whether or not there is a Passage Contract and whether or not there is any carriage. You must carefully read the Conditions of Carriage which set out your rights, responsibilities and limitations to make claims against the carrier, its servants and/or agents. The Carrier s liability is limited as set out in Clause 24. Conditions of Carriage CONTRACT OF CARRIAGE OF PASSENGERS FOR VOYAGES TO OR FROM A PORT IN THE REPUBLIC OF SOUTH AFRICA 1. CONSTRUCTION AND DEFINITIONS "ADDITIONAL SERVICES" mean services other than the provision of the passage on board the cruise vessel, provided by third party Service Providers other than the Carrier or MSC, such as, but not limited to, air flights, transfers, hotel accommodation, road or rail shore transport, excursions ashore during the cruise and all other services provided by third parties, who act as independent contractors and for whose actions (including their negligence or that of their servants and agents) the Carrier and/or MSC have no responsibility or liability. CARRIER means the Owner and/or Operators and/or Charterer whether Bare Boat/Demise Charter, Time Charterer, or Sub-Charterer of the vessel to the extent that each of them acts as Carrier or performing Carrier and includes MSC. LUGGAGE means any baggage, packages, suitcases, trunks or other personal items belonging to or carried by any passenger, including cabin luggage, hand luggage and articles worn by or carried on the persons of the passenger or deposited with the purser for safe custody. The "MASTER" is the Captain or person in charge of the carrying Vessel at any given point and commanding of the Cruise Ship. MINOR means any child under the age of 18. MSC" is MSC Crociere SA which is the party with whom the Passenger has entered into the Passage Contract and this Contract of Carriage for the cruise and/or carriage on board the Vessel. PASSAGE CONTRACT means the contract which the Passenger has entered into with MSC, the terms of which are evidenced by the Booking Conditions together with the answers to the Frequently Asked Questions ("FAQ's") and these terms and conditions of the Contract of Carriage, which together all form part of the Passage Contract. "PASSENGER" is the person or persons named on the relevant passage ticket including Minors, the purchaser of the Passage Contract and any travel agent or other person who has booked the cruise and/or who is authorised to receive the Cruise Ticket and to contract on behalf of the Passenger. All references to the singular shall include the plural. SHORE EXCURSION means any excursion offered for sale by the Carrier for which a separate charge is payable to either the Carrier or a Service Provider, although such charge may be included in the passage fare as part of a lump sum cruise package, whether booked prior to commencement of the cruise, or onboard the vessel. VESSEL means the Vessel named in the relevant passage contract or any substituted vessel owned or chartered or operated or controlled by the carrier. 2. AGREEMENT AND NON-TRANSFERABILITY MSC as the named contractual carrier, agrees to transport the person named in the Ticket ("the Passenger") on the specific voyage ("the Voyage") on named or substitute vessels. The Passenger agrees to be bound by all the terms, conditions and limitations of this and the Passage Contract as well as all Rules made and applied on board the Vessel by the Master and/or the performing carrier (if applicable). Any prior oral and/or written agreement is superseded by these conditions. These Conditions of Carriage cannot be amended without written and signed consent from the Carrier or its authorised representative. The Passage Ticket (which incorporates these terms and conditions) issued by MSC is valid only for the Passenger or Passengers for whom it is issued, for the date and Vessel indicated therein, or any substitute vessel and is not transferable. 3. BOOKING CHANGES MADE BY MSC 3.1 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 the Passenger's Cruise for operational, commercial or safety reasons. 3.2 MSC will notify the Passenger (or if the Passenger has booked the Cruise Ticket through a Travel Agent -that Travel Agent) as soon as reasonably possible of any changes to the Passenger's Cruise booking. 3.3 If MSC makes a change to the Passenger's Cruise booking, the Passenger may: accept the new booking; book another Cruise offered by MSC for the same or a higher Cruise Fare (subject to clause (3.5 below) book another Cruise offered by MSC, for a lower Cruise Fare (with a refund of the difference between the Cruise Fare which the Passenger have paid and the Cruise Fare of the cheaper Cruise); or cancel the Passenger's booking and receive a refund of the Cruise Fare, the Hotel Service Charge and the Port Charges which the Passenger paid. 3.4 The Passenger must notify MSC in writing of the choice which the Passenger has made within 3 days after the date on which the Passenger receive notice from MSC of the change in the Passenger's Cruise booking. If the Passenger does not do so, MSC shall assume that the Passenger agree to the new Cruise booking. 3.5 If the Passenger decides to change the Passenger's Cruise booking for a Cruise which has a higher Cruise Fare, the Passenger must pay to MSC the difference between the Cruise Fare of the Cruise which the Passenger has booked and the Higher Cruise Fare. 4. CANCELLATIONS OF CRUISES BY MSC 4.1 MSC may cancel the Passenger's Cruise at any time by giving the Passenger written notice of cancellation. 4.2 If before or during a Cruise, MSC cancels the Passenger's Cruise for any reason, MSC may: refund the Passenger the amount of the Passenger's Cruise Fare in proportion to the part of the Cruise which has not been performed; or transfer the Passenger to another Cruise of a similar, but not necessarily identical, class and type, sailing substantially the same route with substantially similar accommodation and facilities as on the Cruise for which the Passenger booked. 4.3 Subject to the provisions of clause 4.2, MSC shall not be liable for any loss or damages which the Passenger may suffer if for any reasons beyond MSC's control, MSC is required to cancel the Passenger's Cruise. 5. CHANGES IN THE CRUISE, TRAVEL ROUTE OR PORTS 5.1 The Cruise Ship is scheduled to travel the route ("Travel Route") and stop at the ports of call ("Ports Ports") specified in the advertised Cruise which the Passenger has booked. 5.2 The operation of the Cruise Ship is affected by weather and sea conditions, mechanical problems, the duty to assist ships in distress, instructions of the Port Page 6 of 19

7 authorities relating to departure and/or arrival and/or stoppages, the availability of Port facilities, and other factors which may be beyond MSC's control (termed "force majeure" incidents). 5.3 For these reasons, the date and/or time at which the Cruise Ship is scheduled to sail are approximate only and may be delayed for reasons beyond MSC's control. 5.4 The Carrier or the Master shall have the liberty to comply with any Order or Directions as to departure/arrival routes, ports of call, stoppages, transshipment, discharge or destination or otherwise given by any government or any department or by any person acting or purporting to act with the authority of any government or any department thereof or by any war risks insurance association working under any government scheme in which the Vessel may be entered. Nothing done or not done under such orders or directions shall be deemed a deviation in law. 5.5 MSC does not guarantee that the Cruise Ship will stop at the Ports at which it is scheduled to stop, and/or that the Cruise Ship S will travel along the scheduled Travel Route. MSC may change the Travel Route and/or Ports at which the Cruise Ship stops if the master of the Cruise Ship ("the Master") considers it necessary to do so for any of the reasons set out above. 5.6 If for any reason, the Cruise Ship is unable to sail the Travel Route, MSC may transfer the Passenger to another ship or to any other mode of transport bound for the destination of the Passenger's Cruise. 5.7 If the Port from which the Passenger are scheduled to board the Cruise Ship is changed by MSC, MSC will at its cost arrange for the Passenger to be transported to the Port at which the Passenger are required to board the Cruise Ship. 5.8 MSC shall not be liable for any loss or damages which the Passenger may suffer if for any reasons beyond MSC's control: the Passenger have to board the Cruise Ship at a different Port; the time or date on which the Cruise Ship is scheduled to leave a Port is delayed; the Cruise Ship is unable to stop at a scheduled Port or once stopped at a Port, the Passenger are unable to go ashore; or the Cruise Ship is substituted by another ship or mode of transport. 6. VISAS AND TRAVEL DOCUMENTS 6.1 The Passenger must have a valid and appropriate passport and if necessary, a valid and appropriate visa or permit (collectively ly "Travel Documents"), for all scheduled Ports at which the Cruise Ship is scheduled to stop for the duration of the Passenger's Cruise. 6.2 MSC is not responsible for ensuring that the Passenger have all necessary Travel Documents. The Passenger must present the necessary Travel Documents for inspection as required on entering and exiting any Port. 6.3 The Passenger shall be liable to MSC for any fines or penalties imposed on MSC by any authority at any Port if the Passenger do not present the necessary valid Travel Documents for inspection. 6.4 MSC may at any time request to inspect the Passenger's Travel Documents. 7. OCCUPATION OF BERTHS AND CABINS A passenger shall not have the right to exclusive occupancy of a cabin with two (2) or more berths unless he has paid the Supplement applicable for exclusive occupation. The Carrier reserves the right to transfer the passenger from one cabin to another and may adjust the fare accordingly. The Master or the Carrier may if it becomes advisable or necessary at any time, transfer a passenger from one berth to another. Final Cabin numbers may be amended up until departure date. MSC will guarantee the same or a higher type of Cabin Category should it be necessary to move cabins. 8. BOARDING A CRUISE AND SECURITY 8.1 The Passenger must be present at the Port from which the Passenger's Cruise is scheduled to depart at least 2 hours before the scheduled time of departure to complete any pre-boarding procedures and security inspections. 8.2 The Passenger may not without MSC's prior written consent, take any articles on board the Cruise which MSC reasonably believes could endanger the security of the Cruise Ship or passengers, including firearms, ammunition, explosives or flammable, toxic or dangerous substances. The Passenger may not take on board any beverages or foodstuffs. Any such items (including foodstuffs which the Passenger purchase at any Port at which the Cruise Ship stops) will be retained by MSC and returned to the Passenger at the end of the Cruise, unless any such foodstuff is perishable, in which event it may be destroyed without compensation. 8.3 To ensure that the Passengers comply with these restrictions, before the Passenger boards the Cruise Ship, MSC may search the Passenger and the Passenger's luggage. 8.4 MSC may at any time during a Cruise, search any cabin, berth or other part of the Cruise Ship for security reasons. 9. LUGGAGE ON BOARD A CRUISE 9.1 Each person may take on board the Cruise Ship 4 pieces of luggage consisting of 2 suitcases and 2 pieces of hand luggage. 9.2 The Passenger's luggage must be securely and properly packed and distinctly labelled with the Passenger's name and contact details. MSC shall not be liable for any loss, damage or delay in the delivery of any of the Passenger's P luggage on board a Cruise if it is not securely and properly packed and labelled. 9.3 MSC is not liable for any loss or damage to the Passenger's luggage or the contents of the Passenger's luggage whilst on board d the Cruise or in the custody or under the control of any Port or Service Provider. 9.4 Unless instructed otherwise by the staff on board a Cruise Ship ("Cruise Staff") the Passenger must not at any time leave the Passenger's luggage unattended. If the Passenger does so, the Cruise Staff may remove and/or destroy such luggage. 9.5 Unless the Passenger's Cruise Schedule provides otherwise, the Passenger must collect the Passenger's luggage at the end of the Passenger's Cruise. If the Passenger fails to do so, the Passenger's luggage will be stored by MSC at the port at which the Passenger's Cruise ended, for a period of 30 days, after which it will be disposed of. Any proceeds of the disposal of the Passenger's luggage will be kept by MSC as compensation for storage costs. 10. MINORS 10.1 A person under the age of 18 years ("Minor" Minor") may not board any Cruise Ship unless accompanied by an adult ("Responsible Adult"). The Responsible Adult shall be fully responsible for that Minor s conduct and behaviour Minors may not order or drink alcoholic beverages or participate in gambling activities on board a Cruise Ship. If the Cruise Ship is scheduled to stop at a Port located in the U.S.A (or any Port having similar laws), the same conditions will apply to any passengers under the age of At all times when on board a Cruise Ship, a Minor must be supervised by the Responsible Adult and may participate in on board activities provided that the Minor is accompanied by the Responsible Adult The Responsible Adult shall be liable to MSC for any loss or damage suffered by MSC, including damage to the Cruise Ship and/or damage to and/or loss of any furnishings, equipment and other property belonging to the Cruise Ship, which loss or damage is caused by the Minor who is under the care of the Responsible Adult. 11. ANIMALS A Passenger may not bring any animals and/or pets on board any cruise vessel without the written consent of MSC given at the time of the booking having been made. Any such animals or pets brought onboard by the Passenger will be taken into custody and arrangements will be made for the animal to be landed at the next port of call at the Passenger s sole expense. Whilst the Carrier and/or its servants and/or agents will take such care as is reasonable in all the circumstances in relation to the pet or animal, neither the Master or Carrier is liable to the Passenger in respect of any loss or injury to the pet or animal whilst in the Carrier s possession/custody in the above circumstances. The only exception to the above prohibition shall be with regard to assistance dogs licensed to Passengers with disabilities providing MSC has given its separate consent in writing at the time the booking was made and prior to the Ticket being purchased. The Page 7 of 19

8 Passenger shall have full responsibility for such dogs. 12. MEDICAL DEVICES AND DISABILITIES 12.1 MSC will not supply the Passenger with wheel chairs or other medical assistance devices (collectively "Medical" Devices") on board any Cruise If a Passenger wishes to take any Medical Device on board a Cruise Ship or if the Passenger is mentally or physically disabled, the Passenger must have advised MSC of the Passenger's requirements at the time of completing the Cruise Booking Form so that MSC can have taken steps to ensure as far as is possible, that the accommodation on the Cruise is suitable for the Passenger's needs If the Passenger needs to use a Medical Device on board a Cruise Ship, or the Passenger is mentally or physically disabled, the Passenger may not board the Cruise Ship unless: the Passenger is accompanied by another person who will assist the Passenger throughout the Cruise; and the Passenger has signed the written addendum- available from the MSC office where the Passenger's booking was made 12.4 MSC may refuse to allow the Passenger to board a Cruise Ship if: the Passenger has not given MSC sufficient notice of his or her requirements and signed the addendum before boarding the Cruise Ship; in MSC's opinion and within its sole discretion or that of the Master, the Passenger is unfit for travelling on board the Cruise Ship for the duration of the Passenger's Cruise; or in MSC's opinion and within its sole discretion or that of the Master, the Passenger's condition may endanger the Passenger or any other passengers if the Passenger boards the Cruise Ship. MSC may request a medical specialist's or practitioner's letter declaring that the Passenger is fit to travel before agreeing that the Passenger may embark the ship If the Passenger is mentally or physically disabled or requires the use of a Medical Device, the Passenger may not be allowed to go ashore at certain of the Ports at which the Cruise Ship stops. A list of such Ports is available on request from MSC. 13. MEDICAL ASSISTANCE AVAILABLE ON BOARD A CRUISE SHIP 13.1 Limited medical services for minor medical conditions are available on board a Cruise Ship The Passenger acknowledges that the Cruise Ship is not equipped as a hospital and the medical personnel are not specialists. MSC and the medical personnel shall not be liable to the Passenger for any loss or damages which the Passenger may suffer because they are unable to treat the Passenger's medical condition. The Passenger is liable to pay for any medical services and medicines provided to the Passenger on board the Cruise Ship, at a Port or in any other place during the Cruise. It is the Passenger's responsibility to check with the Passenger's Medical Aid Scheme prior to departure whether they will reimburse the Passenger for any visits to the Doctor onboard realizing that the Doctor may not be a South African registered medical practitioner and therefore may not have a practice number, and that the Passenger will be within international waters at the time of visiting the Doctor onboard The medical facilities and standards vary at the Ports at which the Cruise Ship stops. MSC does not warrant the suitability of the medical facilities at any Port at which the Cruise Ship stops and is not responsible for the quality and/or standards of the medical facilities available at such Ports. 14. FITNESS TO TRAVEL 14.1 The Passenger warrants that the Passenger is physically and mentally fit to travel on board the Cruise Ship for the duration of the t Passenger's Cruise MSC may at any time require the Passenger to provide it with a doctor's certificate certifying that the Passenger is fit to travel on board the Cruise Ship The Passenger must make sure that the Passenger has received all necessary inoculations prior to the Cruise Any passenger who is pregnant shall be obliged to inform MSC on making the booking and the ship's Doctor on boarding of the vessel, of that fact. The Cruise Ship does not have on board facilities for childbirth. MSC shall not allow the Passenger on board the Cruise Ship if the Passenger will be at least 24 weeks pregnant by the date on which the Cruise ends If the Passenger will be up to 23 weeks pregnant at the end of the Cruise the Passenger will not be allowed on board the Cruise Ship unless the Passenger provides MSC with a medical certificate from a medical specialist or practitioner confirming that the Passenger is fit to travel on board the Cruise Ship for the duration of the Cruise. Failure to inform the Carrier and the Vessel s doctor of pregnancy will release the Carrier from any liability to the pregnant Passenger If in MSC's opinion and within its sole discretion or that of the Master, the Passenger is for any reason unfit to travel on board the Cruise Ship for the duration of the Passenger's Cruise, likely to endanger the Passenger's safety or the safety of others on board the Cruise, or likely to be refused permission to land at any Port at which the Cruise is scheduled to stop, then MSC may: refuse to allow the Passenger to board the Cruise Ship; refuse to allow the Passenger to leave the Cruise Ship at any Port at which it stops; or transfer the Passenger to different accommodation on the Cruise Ship The doctor on duty on board the Cruise Ship shall be allowed to administer first aid and any medicine or therapy or other medical treatment tment he considers necessary. If the Passenger refuse to cooperate with the doctor, MSC may require the Passenger to leave the Cruise Ship at the e next Port at which the Cruise Ship stops MSC will not be liable to the Passenger for any loss or damage which the Passenger may suffer as a result of not being fit to travel on board the Cruise Ship for the duration of the Passenger's Cruise, not being allowed by MSC to board the Cruise Ship because the Passenger are not fit to travel on board the Cruise Ship for the duration of the Passenger's Cruise, or being required to leave the Cruise Ship at a Port other than the Port at which the Cruise ends MSC recommends that the Passenger seek medical advice before booking any Cruise Tickets for children up to 12 months of age 15. PURCHASING ALCOHOLIC BEVERAGES ON BOARD A CRUISE SHIP 15.1 The Passenger may purchase alcoholic beverages on board the Cruise Ship MSC shall not sell any alcoholic beverage to a Minor during the Cruise. If the Cruise Ship stops at a port located in the U.S.A (or another Port having similar laws), the same conditions will apply for any passengers under the age of 21 years MSC may refuse to serve the Passenger an alcoholic beverage if in MSC s opinion, the Passenger may be a danger and/or nuisance to the Passenger him-orherself or other passengers on the Cruise Ship. 16. SMOKING POLICY ON BOARD A CRUISE SHIP 16.1 The Passenger may not smoke when entering or exiting the Cruise Ship, on any balconies or in any public or private areas other than the designated smoking areas located throughout the Cruise Ship MSC recommends that the Passenger do not smoke in the Passenger's cabin because of the risk of fire. Smoking on cabin balconies is not allowed Throwing cigarettes or cigarette butts over the side of the Cruise Ship is not allowed. 17. GENERAL CONDUCT 17.1 MSC may refuse to allow the Passenger to board the Cruise Ship if in MSC's opinion and within its sole discretion or that of the Master, the Passenger's conduct may endanger the Passenger's safety and security, or the safety and security of others on board the Cruise Ship, or negatively affect their enjoyment of the Cruise When on board a Cruise Ship, for the sake of the Passenger's own safety and the safety of others, the Passenger must pay attention to and comply with all rules and regulations regarding the safety of the Cruise Ship and passengers, the Port facilities and the requirements of any Port authorities. The Passenger must not Page 8 of 19

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