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General Terms & Conditions

GENERAL TERMS & CONDITIONS

The holidays in this programme have been planned and are operated by the Tour Operator/Travel Agent, Hamilton Travel of Floriana, to ensure maximum client satisfaction. These terms and conditions have been laid out according to Maltese legislation and international rules, and cover every aspect of your holiday, from the moment you book until the moment you return home. The general conditions clearly spell out our obligations to you, and your commitments when you book your holiday with us.
In these Terms & Conditions, the term “you” and its derivatives include you and all other persons travelling with you, in whose name you have made the booking.

1. BOOKING AND DEPOSIT

After you have paid the non-refundable deposit and a receipt has been issued by us, the booking is considered confirmed. Payment of this deposit also confirms that you have read and understood these Terms and Conditions. However, your participation in the tour is only confirmed, and can only be ensured, once you have paid the full amount due.

When making a booking, it is important that the name you give us is exactly as shown on the passport or other valid travelling document. If you fail to do so, you may be denied boarding on the tour altogether, or we may be constrained to affect a name-change, in which case, an administrative fee of €50 will be levied, together with any additional fees which our suppliers may impose. A fee of €75 will apply should you require a transfer of the booking to a different traveller once tickets have been issued. The notice for change or transfer is to be given within a reasonable time, at the latest seven days prior to your intended departure.

Should you wish to change your holiday arrangements in any way, we will try our best to meet your wishes to the best of our ability. We reserve the right to charge you a handling fee of €30 for any such change to your booking, in addition to any actual costs incurred in respect of such a change.

Where the price varies depending on the number of persons booked into the accommodation and you wish to change that number of persons, the price will be recharged on the basis of the new party size as shown in this brochure. Any increase in the price per person, payable as a result of a part cancellation (eg: for a hotel room under-occupancy, changing from twin room to single room) is not a cancellation charge.

2. PRICE POLICY

The prices indicated in this brochure are set at the time of its publication and are the price per person. Children’s rates apply provided the children share the room with 2 or 3 adults.

The actual costs relative to your holiday may change from the time of issuing the brochure, or from the date of booking due to: –

i. An increase in Cost of Fuel prices, imposed by the airlines or the cruise ship companies or any other increase relative to other power sources that affects the price directly or indirectly;
ii. An increase in taxes or fees imposed by third parties, such as government authorities, including but not limited to, any increase in tourist taxes, landing taxes, embarkation or disembarkation costs;
iii. Change in the exchange rates.

Should said changes occur, we reserve the right to make the necessary decrease or increase in price, and we shall inform you of this change in writing as soon as possible but in no case later than 20 days prior to your departure.

3. PAYMENT OF BALANCE

The non-refundable balance due for the holiday must be settled by not later than twelve (12) weeks prior to the departure of your cruise, or by not later than eight (8) weeks prior to departure in the case of other packages. If the booking is made less than (12) weeks prior to the departure of your cruise, or eight (8) weeks prior to the date of departure of any other holiday, the full payment is due immediately.

If you book through a travel agent, please ensure that the relative payment is made to the agent within a reasonable time, so that the agent can forward us the relative payment in time.

Payments which are made by Personal Cheques may only be accepted up to 15 days before the departure date. Where any discounts or special offers are applicable, credit card payments are not accepted. Should you still wish to pay by credit card, the discount/special offer will not be applied.

4. CANCELLATION

You are entitled to cancel your booking with us at any stage prior to your departure, subject to a cancellation fee. A cancellation can only be accepted once this is communicated in writing to us by the person who signed the booking form or by the Travel Agent through whom the booking was made. The cancellation will be valid from the date it is received at our offices.

If for whatever reason, we do not receive your payment in time, we reserve the right to cancel the booking and impose a cancellation fee.

The applicable cancellation fees shall be: –
· If you cancel more than 20 days before departure – €25
· If you cancel between 8-19 days before departure – €50
· If you cancel less than 7 days before departure – €75

In the event of unavoidable and extraordinary circumstances at the holiday destination, which would significantly affect your trip, you may cancel your booking, without paying the cancellation fee.

We also reserve the right to cancel the tour if there are not at least 30 people booked on the tour you have reserved, or if sales of that holiday are so low as to make it economically not feasible for us to operate it. In this event, we may offer you an alternative holiday to purchase, of comparable standard, if available, with no obligation on your part to purchase such alternative package. If you choose not to purchase an alternative holiday, we will refund you all the money you have paid us for your cancelled holiday, and the following amounts as compensation per person:-

• Notification more than 20 days before departure – nil
• Notification between 8-19 days – €25
• Notification between 0-7 days – €50

In case of cancellation by us, you will be informed at least:-
i. 20 days before the departure date of said cancellation if your tour was planned to last longer than 6 days;
ii. 7 days before the departure date of said cancellation if your tour was planned to last between 2-6 days
iii. 48 hours before the departure date of said cancellation if your tour was planned to last less than 2 days.

Furthermore, we reserve the right to cancel the tour at any time should this be necessitated by force majeure or unavoidable and extraordinary circumstances. In the latter event, we shall contact you to inform you about the cancellation without undue delay. In such event, no compensation will be due by Hamilton Travel Limited.

5. OUR ASSURANCE ON STANDARDS, DUTIES & OUR OBLIGATIONS

We take all reasonable steps to ensure that proper arrangements have been made for all the holidays which are advertised in this brochure. Hamilton Travel is not responsible for any prejudice, extra costs or consequential loss that you may suffer, directly or indirectly, if you choose to make any independent arrangements with third parties in relation to your holiday, separately to the services included in our package.

You will appreciate that we have no direct control over the provision of services to you by suppliers. Hamilton Travel is not responsible if any activities are cancelled due to force majeure or due to unavoidable and extraordinary circumstances, such as adverse weather, strikes or the indisposition of the protagonist. We always try our utmost to communicate your specific requests to our suppliers, however, we can never give a guarantee that these will be definitively confirmed since adherence to said requests is always subject to availability.

We assure you that should any of the travel services not be performed in accordance with the package booked with us, we shall seek to remedy the lack of conformity, unless this is impossible or entails disproportionate costs.

We plan our holidays to give you the maximum enjoyment. In order to do so, we may occasionally have to change your holiday arrangements, and we reserve the right to do so in the unlikely event that this should become necessary. Such changes may be necessary as a result of force majeure, government or local authority action, essential maintenance or cleaning, lack of support or demand, religious or local holidays or changes made by our suppliers, and include, for example, changes in flight times, hotels closing down, hotel overbookings, or inclement weather imposing a change in itinerary. Hamilton Travel may not be held responsible to changes in the programme resulting from said third party interventions. However, we shall inform you within a reasonable time of any changes to the programme once the relative change is communicated to us. Touring itineraries may also have to be changed, sometimes at short notice, due to weather, road or traffic conditions, mechanical breakdowns, police activity etc. Whilst we strive to make sure that everything goes according to the plan set out in this brochure, we cannot be held liable for said changes when these are caused by force majeure or unavoidable and extraordinary circumstances.

Changes to the programme may have to be made: –

a. Before Departure – Should we be compelled to make any changes, we will inform you or your Travel Agent with all the details relative to said changes within a reasonable time prior to the departure. Should the changes to the travel programme be significant, or increase the price of the package booked with us by more than 8%, and you are not satisfied with the new arrangements, you will be entitled to cancel your booking without incurring any cancellation fees, provided that your instructions to cancel your booking are made within a reasonable time.

b. After Your Holiday Has Commenced – Occasionally, it may be necessary, due to unforeseen circumstances, to change a hotel or some other part of your holiday arrangement after your holiday has commenced, in which event we will do our best to maintain the overall standard of the holiday arrangements. Should, however, the alternative arrangement be of a lower quality or cost than the one originally planned, you shall be entitled to an appropriate reduction.

5.1 Flights

Details of the airlines we anticipate using are shown in the programme. The choice of airline is exclusively at the discretion of Hamilton Travel. We reserve the right to substitute alternative airlines and/or aircraft if necessary, however, we shall immediately inform you should such change be made.

Flight schedules are subject to changes and confirmation by the airline. Our reservation system will show the latest schedules as advised to us. Please check your flight tickets as soon as you receive them, as they will show the confirmed time for your flights. Some flights may have intermediate stops en route and this is not always known before departure date. In such cases, we cannot notify you in advance. Flights are subject to the granting of permits and licenses by authorities both in Malta and overseas. Hamilton Travel is not responsible for any prejudice or consequential damage that you may suffer from such changes. However, we are committed to inform you as soon as the change is made known to us. Should the change lead to a delay which results in an overnight stay abroad, Hamilton Travel will cover the costs for meals and refreshments in a reasonable relation to the waiting time, the hotel accommodation should an overnight stay be necessary, transport between the airport and place of accommodation and also 2 telephone calls or emails.

Transport of any kind is subject to the conditions of carriage of the company providing that trip. These conditions are likely to embody the provisions of the law of the country where the company concerned is situate.

5.2 MSC Cruises

MSC cruises are subject to the MSC Terms & Conditions which may be accessed through the following link: www.hamiltontravel.com.mt Printed copies of these Terms & Conditions are also available on request.

5.3 Accommodation

Our brochure descriptions are based on the information obtained from hoteliers and other service providers at the time of printing.

Check-in at hotels is not done before 3 p.m. and check-out from rooms must take place by 9 a.m. We kindly ask you to respect such times and abide by the instructions provided by your tour leader or the accommodation manager/s.

Hotel rooms and ship cabins may be small or even very small when compared to standards which you may be accustomed to, including any adjoining en-suite or bathroom. Hamilton Travel only works with hotels that have single or twin rooms. Triple or quadruple rooms are hardly ever available. A third and/or fourth person wishing to share a twin room will most probably be given either a small extra folding ‘camp bed’, a bunk bed or a sofa bed, which may make accommodation quite uncomfortable. In America and Disneyland Paris, three or four persons wanting to share a room will always be given just two double beds (single beds for each person will not be available). Therefore, we are not to be held liable should a room be smaller than what you expected. The assignment of rooms is handled directly by the hotel and at no stage is Hamilton Travel involved in said assignment. At the time of booking, you may inform us whether you wish two single beds or a double bed. Although Hamilton Travel will strive to obtain your desired arrangement, we do not have any control as to whether the accommodation provider adheres to the submitted request.

Swimming pools may only be heated in colder weather and the general standard of hygiene, public utilities, drainage, plumbing and services in general may not be the same standards as in Malta.

Lunches and dinners are always served in three courses. No choice of food will be provided unless you have informed us upon booking that you suffer from a particular food allergy, or health condition, in which case, we will inform the particular catering establishment of said allergy or condition. Please note that portions served abroad are moderate and sometimes may be considered small when compared to local customary food portions.

When buffet meals are provided, a choice is available. Any drinks ordered, including water and soft drinks, are not included in the package price and are to be paid for separately. The use of the mini-bar, telephone and pay-tv, when available, is not included in the package price, and must paid by you. Policies vary from one hotel to the other – therefore, if in doubt, you should enquire with the hotel management directly of any charges to which you may be liable, before making use of the service.

5.4 Entrance Fees & Excursions

Unless otherwise specified, entrance fees to museums, shows, boat or train trips, and the use of cable cars are charged separately whilst you are on holiday. Excursions that are listed as ‘optional’ are also charged separately whilst you are on holiday, and unless otherwise stated, do not include the service of a local guide, but do cover the cost of the coach transfer. The prices for optional excursions are clearly listed in the price box on the programme.

Only items listed in the section ‘Included in Price’ are included in your booking. Hamilton Travel is only responsible for Optional Excursions which are included in this brochure, even if you decide to take them whilst you are already on holiday. Hamilton Travel is not responsible for any optional excursions, and their relative costs, organised by yourself, the tour leader or any other third party while you are abroad, if said excursions are not indicated in this brochure, and are not carried out with the written consent of Hamilton Travel.

5.5 Services of a Tour Leader

Each group tour is escorted by a Maltese-speaking tour leader who will be responsible for the implementation of the programme. The tour leader is under no circumstance responsible to provide any service over and above the official programme, and is not obliged to accompany members of the group around shops, flea markets or theme parks even if the relative visits are included in this brochure. In cases of emergency, namely if you should suffer any injury or fall victim to a crime, the tour leader will use his best endeavours to offer you emergency assistance necessary to approach local health services, authorities and consular assistance, and assist you in making alternative travel arrangements should you so require. We reserve the right to charge you for the cost of such assistance.

If you have a problem, you should immediately inform your tour leader, ideally also in writing, so that, if possible, the problem can be dealt with promptly.

6. YOUR RESPONSIBILITIES

I. It is your responsibility to ensure that you are in possession of a valid passport or other valid travel document, and any appropriate visas. Be sure to check passport, travel document and visa requirements with your Travel Agent, well in advance, particularly if you are a non-Maltese passport holder. You are responsible for any charges, fines etc. that may be levied by authorities in Malta or overseas for non-compliance of regulations in this area and any such amounts will be charged to you.

II. Health facilities, hygiene and risk of disease vary worldwide. It is your responsibility to check if you are healthy enough to travel. This is valid for adults, children and infants.

III. You must seek all necessary advice regarding your health and specific requirements from your trusted medical adviser, as soon as possible. You must also take any inoculations you may need depending on the country you are going to travel to, and ensure that any medication, such as Malaria pill, can be taken within the stipulated time (this varies and could be necessary months prior to departure) in order for such treatment to be effective on the departure date. You may phone the ‘International Travel Vaccination Bureau’ on 21239260, Monday to Friday between 8.00 a.m. and 1.00 p.m. for advice on these matters.

IV. Please ensure that you have a valid European Health Insurance Card so that you may use certain medical services in Europe.

V. Airline regulations state that if you are more than 28 weeks pregnant, at the time of return travel, you must have a medical certificate of fitness to travel.

VI. If you are up to 23-weeks pregnant at the end of the cruise, you may sail with MSC upon presentation of a medical certificate stating you are fit to travel. MSC Cruises cannot accept expectant mothers who will have entered their 24th week of pregnancy by the begining or any time during their cruise.

VII. It is your duty to purchase Travel Insurance. We provide the service to sell Travel Insurance, although you are under no obligation to purchase such cover from us. It is highly recommended that you buy such insurance.

VIII. You must be responsible for a reasonable standard of behaviour. We reserve the right to decline to accept or retain any person as a client if their behaviour is, in our opinion, or in the opinion of the airline pilot, ship captain, hotelier or accommodation owner or manager or other person in authority, likely to cause distress, danger, damage or annoyance to other customers, employees and to other people or to property. We shall be under no liability to pay any refund or compensation to, or costs incurred by, any person whose behaviour is considered unacceptable and is made to leave any of the afore-mentioned premises or facilities.

7. FOOD ALLERGIES

Passengers are reminded that some foods may cause an allergic reaction in certain people due to intolerance of some ingredients. If the Passenger has any known allergies, or is intolerant to any food, he/she is required to inform the Company at the time of Booking (by duly filling in a specific form) and further to report it to the Maitre d’Hotel as soon as convenient after boarding the ship.

It is the responsibility of the Passenger to ensure that he/she actively avoids any food he/she is allergic to. The Company will take all reasonable care if made aware in writing of any specific food or ingredient the Passenger has an allergic reaction to and assist the Passenger within reason to avoid any such food or ingredients if made aware by the Passenger according to above clause. In absence of such information neither the Company, nor the Carrier will be held responsible for preparing special meals for the Passenger or any other prepared meals consumed by the Passenger. In case of multiple allergies/intolerances, even though informed according hereto, the Company or the Carrier might not be able to avoid the risk of cross-contamination during food preparation and therefore neither the Company, nor the Carrier will be held responsible if such contamination occurs.

8. LIABILITY

Hamilton Travel is not responsible for anything that may happen to you outside the hotel we booked for you, or for the quality of any services not offered directly by the hotel where you will be staying. Nor are we responsible for any theft that you may suffer throughout your holiday, even if this occurs in the hotel or on the coach.

Hamilton Travel is not responsible for any injuries you may suffer during activities or excursions.

9. FORCE MAJEURE OR UNAVOIDABLE AND EXTRAORDINARY CIRCUMSTANCES

Force Majeure or unavoidable and extraordinary circumstances shall be a defence to the non-performance of the package.

If a cruise liner misses a port of call, for the benefit of the passengers’ safety or due to Force Majeure, passengers will be transferred, possibly by air (at no extra cost) to another port. In such cases, no port tax refunds will be issued.

10. IF YOU HAVE A COMPLAINT

We do our best to give you an enjoyable, trouble-free holiday, but occasionally even the best laid plans can go wrong. If you have a problem or complaint relating to the overseas part of your holiday, you must contact our tour leader, representative or agent in your resort at the earliest opportunity, and ideally register your complaint in writing, in order that it may be investigated and we may have the opportunity to resolve the matter on the spot.

In addition, you must notify us in writing within seven (7) days of the date of your return from your holiday of any difficulties which you may have experienced while overseas. Given the difficulties of investigating a complaint too long after the event, we cannot accept liability in respect of claims received after the seven (7) day period, and/or which have not been reported in writing to the Tour Leader during the holiday. All disputes arising from this package will be subject to Maltese law and adjudicated by the Maltese Courts.

In the case of cruises, complaints must be submitted in writing within 7 days after the incident. We shall strive to address your complaint to your satisfaction but should you disagree with our conclusions, you can lodge an appeal to the MCCAA, in line with your rights as a passenger.

Disclaimer: These terms and conditions have been set-out in accordance with the current Maltese and EU legal provisions and are subject to change should there be any amendments to the relative laws.

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