terms and conditions
NOTICE TO PASSENGER: Below and attached to your Boarding Coupon, Passenger Ticket and (if contracted) Transfer Voucher are the terms and conditions of the Passenger Contract. Before accepting them, carefully read all the terms of the following Passenger Contract which contains important conditions and limitations including Clauses 20 to 26 which set out some of your rights, limitations of liability, court jurisdiction and time limits to file claims or to bring suit.
PASSENGER CONTRACT: Carefully read all terms and conditions before accepting them. Clauses 20 to 26 set out your rights and limitations to make claims. Please retain this document for future reference. TO REVIEW THE PASSENGER CONTRACT CLICK HERE
*MSC Cruises S.A. reserves the right to correct any errors, inaccuracies or omissions and to change or update fares, fees and surcharges at any time without prior notice.
All Vacation Packages featured in the Company’s brochure and/or in the Official Website are offered for sale by MSC Cruises S.A, hereinafter referred as the “Company”.
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.
- “Booking Terms & Conditions” means these terms and conditions and the information contained in the relevant Company’s brochure, the Official Website and/or other information which will form the express terms of your Contract with the Company.
- “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 organizes Vacation Packages and sells or offers them for sale, whether directly or through a Sales Agent.
- “Conditions of Carriage” means the terms and conditions under which the Carrier provides transport either by air, road or 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 Vacation Package. For any relevant purposes, the Combined Tour shall always be considered as a single and indivisible Vacation Package. All terms and references to a Cruise and or Vacation 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 and the Passenger relating to the relevant Vacation Package which is evidenced by the issue of the confirmation invoice sent by the Company 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 Vacation 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.
- “Vacation Package” means the Cruise whether or not in combination with flight(s) and/or any pre- and/or post-Cruise arrangement for accommodation. It does not include Shore Excursions or shuttle services which do not form part of the inclusive Vacation Package price.
- “Official Website” means the set of related web pages, documents and hypertext links served from the web domain www.msccruises.ca.
- “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.
- “Sales Agent” means the person or travel agency that sells or offers for sale the Vacation Package put together by the Company, on its own or on behalf of the Company.
- “Tour Operator” means the person or travel agency that sells or offers for sale the Vacation Package put together by the Company, 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 Vacation Package and is offered for sale by the Company onboard its vessels.
- “World Cruise” means the tour of the world prearranged by the Company and offered for sale as a single Vacation Package. For any relevant purposes, the World Cruise shall always be considered as a single and indivisible Vacation Package. All terms and references to a Cruise and or Vacation Package shall include and be equally applicable to a World Cruise unless otherwise stated. References to price are references to the total price paid for the World Cruise.
Booking Procedure and Deposit
1.1 In order to proceed with a Booking, the Passenger must contact the Company or one of the Company’s authorized Sales Agents or representatives.
1.2 In booking for a Cruise, 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 deposit of $99 per adult, (4 nights or less), $199 per adult (5-14 nights) and $300 per person (15 nights or longer) is due and payable by the Passenger at the time of Booking. For Yacht Club, deposit is non-refundable. For the World Cruise, a non-refundable deposit equal to 15% of the price of the Package is due and payable by the Passenger within the first week starting from the date of the booking confirmation.
1.4 A Booking will be completed and the Contract will be effective only when the Company accepts the Booking by sending a confirmation invoice to the Passenger or to the Passenger’s Sales Agent.
2.1 Every Vacation 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 invoice provided to the Passenger.
2.2 Final payment is required no later than 75 days prior to departure (4 nights or less), 90 days prior to departure (5 to 14 nights), 110 days prior to departure (15 nights or more). For the World Cruise, full payment is required no later than 120 days prior to departure.
2.3 If the Booking application is made within the required number of 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 by the option date given at time of Booking (option dates can vary from one to seven days from Booking date depending on sailing demand) or by the applicable 75, 90, 110 or 120 day deadline, the Company has the right to cancel the Booking without notice and levy cancellation charges in accordance with Section 13 entitled “Cancellation and Changes by the Passenger” below, whether the Cruise Package is resold or not.
Prices and Price Guarantee
3.1 No change to the Vacation Package price will be made within the 30-day period before departure or once full payment has been received by the Company.
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) Air transportation costs;
b) Fuel costs for the propulsion of the vessel;
c) Dues, taxes or fees chargeable for services such as embarkation or disembarkation fees at ports or airports.
d) the exchange rates relevant to the Vacation Package.
Variations may be upwards or downwards. For paragraph a) any variation of the Vacation Package price will be equal to the extra amount charged by the airline. For paragraph b) any variation of the Vacation 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 Vacation Package price will be equal to the full amount of the fees.
3.3 If the increase in the Vacation Package price amounts to more than 8% of the total Vacation Package price at the time of Booking, the Passenger will be entitled to cancel the Contract with a full refund of the Vacation Package price within the limits and to the extent of the amount effectively paid by the Passenger at the time of cancellation. Such right of refund does not include insurance premiums paid which are in no case refundable.
This insurance must cover trip cancellation, trip interruption and COVID 19 medical extension for a cruise holiday.
We are please to say that we have partnered with our travel insurance provider, TUGO to provide this required coverage. Canadian-owned and operated for nearly 60 years, TUGO specializes in products & services that support traveller's health, wellness and safety across Canada and around the glove.
To better understand the coverage and rates offered by TUGO, please click here.
Cancellations, Delays and Refunds
(A) The Cruise Ship's operation is subject to weather conditions, mechanical problems, vessel traffic, government intervention, duty to assist other vessels or persons in distress, availability of berth facilities, and other factors beyond the Company's control. (B) The Company does not guarantee that the Cruise Ship will call at every advertised port or follow any particular route or time schedule. The Master and the Company shall have an absolute right to cancel, change or substitute the advertised schedule, ports, itinerary or route, or substitute other ships, without notice. If a scheduled port of embarkation is substituted, the Company shall determine and arrange transportation to the substituted port at no expense to the Passenger. (C) No part of the Fare is refundable, except as specifically provided as follows: (i) Before the Voyage begins, the Company has the right to cancel the Voyage for any reason without notice. In such event, The Company shall refund the full amount of the Fare received, and the Company shall have no further liability whatsoever. (ii) If the scheduled Voyage embarkation is delayed more than six (6) hours, the Company may arrange at no additional expense to the Passenger, such hotel accommodations as the Company deems appropriate until the Cruise Ship is ready to board. In this event, The Company shall have no further liability or obligation to the Passenger. (iii) After the Voyage begins, the Master may terminate the Voyage at any nearest port or at the next port of the itinerary. In such cases, the Company's sole liability shall be to make a pro-rata refund of the Fare received for any unused cruise days. The pro-rata refund will be calculated based on the number of whole days of twenty-four (24) hours that the Voyage is reduced. No pro-rata refund will be made for part of a day. The Company shall provide substitute transportation of its choice to the scheduled point of disembarkation. (iv) If the scheduled duration of the Voyage is extended, the Company shall have no liability to the Passenger, and the Passenger shall not be liable to pay any extra Fare. (v) If the duration of the Voyage is reduced, then the Company's sole liability shall be to make a pro-rata refund based on the number of whole days the Voyage is shortened by more than twenty-four (24) hours. In no event shall the Company be liable for consequential damages as a result of the cancellation, termination or extension of any voyage.
Cancellations and Changes By Passenger
|CRUISE 4 NIGHTS OR LESS||CRUISE 5 TO 14 NIGHTS||CRUISE > 15 NIGHTS OR MORE|
Bookings starting from 01 January 2022 and Winter 2022 onward
|74 - 51 days prior to departure||Deposit Non-Refundable||89 - 61 days prior to departure||Deposit Non-Refundable||109 - 61 days prior to departure||Deposit Non-Refundable|
|50 - 31 days prior to departure||50% Penalty||60 - 46 days prior to departure||50% Penalty||60 - 46 days prior to departure||50% Penalty|
|30 - 16 days prior to departure||75% Penalty||45 - 16 days until departure||75% Penalty||45 - 16 days prior to departure||75% Penalty|
|15 - 0 days prior to departure||100% Penalty||15 - 0 days until departure||100% Penalty||15 - 0 days until departure||100% Penalty|
YACHT CLUB 4 NIGHTS OR LESS
|YACHT CLUB 5 TO 14 NIGHTS||YACHT CLUB 15 NIGHTS OR MORE|
|Bookings starting from 01 January 2022 and Winter 2022 onward|
|51 days or longer prior to departure||Deposit Non-Refundable||61 days or longer prior to departure||Deposit Non-Refundable||61 days or longer prior to departure||Deposit Non-Refundable|
|50 - 31 days prior to departure||50% Penalty||60 - 46 days prior to departure||50% Penalty||60 - 46 days prior to departure||50% Penalty|
|30 - 16 days prior to departure||75% Penalty||45 - 16 days prior to departure||75% Penalty||46 - 16 days prior to departure||75% Penalty|
|15 - 0 days prior to departure||100% Penalty||15 - 0 days prior to departure||100% Penalty||15 - 0 days prior to departure||100% Penalty|
|Fly & Cruise Package|
|90 days prior to departure||Deposit Non-Refundable
(and 50% of cruise fare)
|89 - 45 days prior to departure||75% Penalty|
|44 - 0 days prior to departure||100% Penalty|
|WORLD CRUISE 2022 & 2023|
|60 days or longer prior to departure||Deposit Non-Refundable
(15% of cruise fare)
|59 - 10 days prior to departure||75% Penalty|
|9 - 0 days prior to departure||100% Penalty|
At times, MSC Cruises may offer a promotion that includes a non-refundable deposit. This means that the deposit paid at the time of booking will not be refunded if the guest chooses to cancel the cruise at any time. The promotion will always be labeled with NR in the promotion name.
All penalties above exclude government taxes and fees.
A name change fee of $75.00 per name change will apply for any name change made within 89 days prior to sailing. Limit of 1 name change per reservation.
For the World Cruise, a non-refundable deposit equal to 15% of the price on total amount is required and mandatory to pay by the Passenger within 7 calendar days from the date of the booking confirmation. Collected deposit lower than 15% of gross booking amount would not be considered as sufficient to have final
confirmation of reservation and the booking would be cancelled. Final balance is due 120 days prior departure date. Cancellation penalty begins 60 days or longer prior to sailing (15% deposit is non-refundable) up until your cruise. Please see above for the cancellation penalty policy, reflecting specific dates and the amount of penalty.
MSC Cruises reserves the right to retake unsold allotment space at any time. Sold allotment space is defined as staterooms for which MSC Cruises has received the required names and deposits.
No refund will be issued if a guest voluntarily or involuntarily does not show up for their cruise, is denied boarding for any reason including failure to possess required travel documents, passport or visa or terminates his/her cruise in progress. Cruise contracts are non-transferable. More than one name change or a cruise date change is considered a reservation cancellation and is subject to the above cancellation charges. Cancellation charges are assessed on total fares, which include cruise fare, air add-ons, hotel packages, and any other additional services arranged through MSC Cruises. Government taxes and fees will be refunded.
MSC Cruise offers vacation insurance at the time of booking. The company recommends that every Passenger should have adequate insurance which covers them sufficiently for cruise cancellation, medical assistance and expenses, loss and/or damage of luggage.
Non-Use or Part-Use of Ticket
Payments and Notices
Reservations can be made and accepted through any travel agency. In order to secure a confirmed reservation, a deposit is required. Final payment is due no later than 75 days before departure for cruises of 4 nights or less, 90 days prior to sailing for cruises from 5 - 14 nights and 110 days for cruises of 15 - 33 nights. To avoid cancellation, the deposit or final payment must be received in MSC's office by the option date given at time of booking. Option dates can vary from one to seven days from booking date depending on sailing demand. In a few rare instances immediate payment by credit card may be required to confirm your reservation.
World Cruise 2022 and forward: Final payment is due no later than 120 days prior to sailing. A 15% non-refundable deposit is due within 7 days of making a booking.
If the Ticket has been purchased through any travel agent, tour company, group, organizer traveling companion, or booking representative ("the Agent"), the Passenger authorizes the Company to give any notices and to pay any refund owed to the Passenger to the Agent on his behalf. The failure of the Agent to pay the full Fare to the Company is considered a breach of Contract by the Passenger when the Ticket has been purchased through an Agent. Such Agent shall be deemed in all respects to be the Agent of the Passenger and not of the Company.
Health and Fitness to Travel
Medical Services by Independent Contractors
Other Independent Contractors
Travel Packages and Shore Excursions
Passenger's Luggage and Personal Property
Force Majeure and Events Beyond the Company's Control
No Liability for Emotional Distress
Notices of Claims
Time Limits for Filing Suits
Additions to Fare and Surcharges
Use of Website
B) The Company does not make any expressed or implied warranties, representations or endorsements whatsoever with regard to the Company website or any information, services or product provided through the Company website.
C) The Company does not accept any liability for loss or damage of any nature whatsoever and howsoever arising out of or in connection with the viewing, use of the Company website or its contents whether due to inaccuracy, error, omission or any other cause and whether on the part of the Company or its servants, agents or any person or entity.
Inclusive Experience Amenities
Inclusive Experience Upgrades
Use of Likeness, Personal Information, Privacy
TERMS & CONDITIONS FOR
SHORE EXCURSIONS AND SPECIAL SERVICES
Online Booking Terms & Conditions for Shore Excursions
As used herein “MSC”, “us” or “we” means MSC Cruises S.A., and its or their affiliates, subsidiaries, parents and/or vessels. Shore excursions are owned, operated, organized and provided by third independent contractors. MSC does not own, operate or organize the shore excursions offered on this website or onboard. MSC merely sells tickets for these shore excursions as a convenience to passengers. Therefore, you accept that by purchasing or booking shore excursions through this web site or onboard any MSC vessel, you will be entering into a contract with the owner and operators of the shore excursion.
MSC shall not be responsible in any way for the services provided by such independent contractors. MSC does not guarantee the performance or safety of the shore excursions offered nor does MSC guarantee the accuracy of shore excursion descriptions or information for sale through this website, and MSC disclaims liability for any inaccuracies relating to the shore excursions offered on this website. MSC undertakes no responsibility for and shall not be liable for the misrepresentations, breaches of contract, breaches of statutory duty, negligence or intentional or accidental conduct of any of the shore excursion owners or operators.
MSC has no control over the way the owners or operators of the shore excursions provide their services. Owners or operators of shore excursions available for purchase on this website or onboard any MSC vessel have represented to MSC that they carry out their duties in accordance with accepted standards of behavior. MSC undertakes to make no independent assessment of the safety or security of any shore excursion nor of the owners or operators of such excursions.
MSC shall not be responsible or liable for any loss, delay, injury, death or damage of any nature whatsoever sustained by you or any member of your party booked on an excursion. All reasonable care has been taken to ensure that the prices, offers, which are published in relation to any goods and services advertised, are correct at the time of printing. However, if there is an error we reserve the right to correct it as soon as we become aware of it. If any corrective change is not acceptable to you after you have booked, then you will be entitled to a full refund of what you paid for the goods and/or services booked and in such circumstances neither MSC or the owner or operator of the subject shore excursion shall have any further liability of any kind or nature whatsoever.
MSC will not be responsible for possible variations to the program due to local holidays and/or closing of the sites to be visited and/or any other event (strikes, demonstrations, mechanical breakdowns, etc.), which could prevent from performing the tour in a complete or partial way. The routing and timing of each tour will be reconfirmed onboard. Every shore excursion/tour requires a minimum number of participants and may have a maximum limit of participants. If the minimum number of passengers required is not achieved the excursion may be cancelled. If the minimum number of passengers is booked for an excursion, the tour may be lead by a bilingual guide.
You understand that MSC has made no representations about the suitability of these excursions offered for sale on this website or onboard any MSC vessel.
You and all members of your party, by booking a place on any excursion where there is a degree of physical exertion involved, confirm that you and all those others who have booked are in good physical and mental condition, with no history or condition such as seizures, dizziness, fainting, heart condition, respiratory problems or back/neck problems, or any other medical condition of body or mind which could make physical exertion or lack of access to immediate medical care hazardous (these examples are not exclusive) or any other illness, infirmity or condition that would preclude you from participating in any excursions that you have selected. You should also make sure that no one in your party who has booked such an excursion is taking medicine that carries a warning about impairment of physical or mental abilities.
If you are pregnant, certain excursions may not be suitable for you. When booking any excursions, it is your responsibility, including any member of your party that has booked an excursion, to make sure that you are fit and well enough to take part in any excursion booked and to take care of yourself whilst on it.
If you participate in an excursion involving water, you should take care in avoiding alcohol and eating a full meal. Where buoyancy aids are provided for an activity they must be worn at all times. Be aware that the sea is unpredictable. Life guards are not always present and there may not be a flag or other system to indicate whether or not it is safe to go in the water. In addition, beach activities may not be supervised or accompanied so take care to satisfy yourself as to the safety of the beach and/or the sea at the time of your excursion. Children must always be supervised by you at all times whist on an excursion, especially near water.
All such activities are undertaken by you and any member of your party that has booked at your/ their own risk and MSC cannot be held liable for any injury, loss, death or damage whatsoever resulting as a consequence. Before booking any activity excursion it is very important, and your responsibility, that you and any member of your party that has booked an excursion to check that your travel insurance covers the specific type of excursion booked.
You or any member of your booking may be prevented from participating in an excursion (whether pre-booked or not), if it is determined that you or any member of your booking is unsuited to undertake the excursion, or if you or they appear to be under the influence of drugs or alcohol. In the event that you are prevented from undertaking the excursion for any of these reasons then you may not be entitled to any refund of the cost of the excursion booked.
The owner or operator of shore excursions may require participants to sign a liability release and/or assumption of risk form before participating in the excursion. Such releases are particularly common in the case of snorkeling or scuba diving excursions.
If you book the shore excursion before cruise commences, the full payment will be debited on your board account at the time of embarkation. The shore excursions can be booked, modified or cancelled without penalties either up to 4 days before cruise departure, provided that MSC Cruises is notified through MSC Cruises web site either on board.
On board the excursions can be modified up to 48 hours prior to the commencement of the booked shore excursion. If you want to cancel the shore excursion onboard, no cancellation fees would be applied, provided that the cancellation is made 48 hours prior to the commencement of the booked shore excursion. Any refund will automatically be posted to your onboard account. Tours involving flights, trains, special events, overland stays, hotel stay and private arrangements are excluded. Other restrictions may apply.
These Terms and Conditions are subject to the Law and Jurisdiction applicable to your cruise Booking Conditions with MSC. You may also further be subject to any specific Law and Jurisdiction in relation to any third party providers’ services or goods that you have purchased and in respect of which that contract is subject to.
Once we have received and confirmed your booking, you the ‘Lead Passenger’ will become contractually liable for the goods and services booked. Before booking your Shore Excursion please confirm and tick the box below indicating that you have read and understood these terms and conditions.
We will confirm your booking by issuing a confirmation receipt by e-mail. We will communicate with you using the email address you have provided. We will assume that your email address is correct and that you understand the risks associated with using this form of communication.
Online Booking Terms & Conditions for Special Services
As used herein “MSC”, “us” or “we” means MSC Cruises S.A., and its or their associate or parent companies, subsidiaries and/or vessels. All reasonable care has been taken to ensure that the prices, offers, which are published in relation to any goods and services advertised, are correct at the time of printing. However, if there is an error we reserve the right to correct it as soon as we become aware of it or to modify prices at any time without notice including after booking.
If any corrective change is not acceptable to you after you have booked, then you will be entitled to a full refund of what you paid for the goods and/or services booked and MSC and supplier shall thereafter be relieved of any further liability of any kind or nature whatsoever.
You accept that, when booking services with any third party goods or services supplier, such as a Spa treatment or parking services, you will be entering into a contract directly with the suppliers of the goods or services. MSC undertakes no responsibility for and are not liable for the misrepresentations, breaches of contract, breaches of statutory duty or negligence of any of the third party suppliers who sell their goods and services through this website or through MSC or whilst on board. We are not responsible or liable for the acts/omissions of the third party suppliers in relation to such goods or services which results in any loss, damage, or injury to you or any member of your party booking or purchasing such goods or services.
You and all members of your party by booking any services confirm that you and all those others who have booked are in good physical and mental condition, with no history or condition such as seizures, dizziness, fainting, heart condition, respiratory problems, back/neck problems, or any other medical condition of body or mind which could make the service you have booked hazardous (these examples are not exclusive). It is your responsibility to make sure that you are fit and well enough to take part in such services and to take care of yourself whilst on it.
You should also make sure that no one in your party who has booked such a treatment is taking medicine that carries a warning about impairment of physical or mental abilities. If you are pregnant some type of treatment may not be suitable for you.
If you have any doubts about your ability to participate in such services, check with your personal physician before booking.
If you book the special services before cruise commences, the full payment will be debited on your board account at the time of embarkation. The booking shall be deemed to be successfully complete unless cancelled or modified within 4 days before the expected date of departure, thereafter you will not be able to cancel or modify on-line your booking for special services anymore.
Should you cancel or modify any service booked, you might be charged with a fee according to the type of the on-board service as specified in the service description. You agree on behalf of yourself and all member of your party who have booked any service or have reserved any of the advertised goods to be bound by these terms and conditions before booking your optional extras please confirm and tick the box below. We will confirm your booking by issuing a confirmation receipt together with these terms and conditions by Email. We will communicate with you using the Email address you have provided at the time of booking. We will assume that your Email address is correct and that you understand the risks associated with using this form of communication.
Once we have received and confirmed your booking, you the ‘Lead Passenger’ will become contractually liable for the goods and services booked.
These Terms and conditions are subject to the Law and Jurisdiction applicable to your cruise Booking Conditions with MSC Cruises. You may also further be subject to any specific Law and Jurisdiction in relation to any third party providers’ services or goods that you have purchased and in respect of which that contract is subject to.