Terms and Conditions

GENERAL TERMS & CONDITIONS

1.INTRODUCTION

Your booking made with Hamilton Travel Co.Ltd and / or Hamilton Travel Cruises Co. Ltd from here onwards referred to as (HTC LTD) shall be subject to the Terms and Conditions listed below, this is to ensure both fairness and clarity between the two (2) parties, being HTC LTD and the Client. The terms and conditions shall cover every aspect of your journey, starting from the first time you create your booking until the moment you arrive back to Malta.

These terms and conditions as may be amended from time to time, apply to all our services directly or indirectly and shall also outline the rights and obligations of the two (2) parties respectively. It is understood that once the Client has made a deposit for any one of the services provided by HTC Ltd , the client has clearly read, understood and accepted the terms and conditions, including the privacy policy.

A copy of these terms and conditions are given to the Client before booking any service directly or indirectly through HTC LTD and also upon receipt of the service booked as they are brought to the Client’s attention together with the booking form and signed by the client thus showing that these Terms and Conditions have been read, understood and accepted. These terms and conditions are governed by Maltese law and are in accordance with the current European Union Legislation. Should any dispute arise on the interpretation or application herein, this shall fall exclusively within the remit of Maltese jurisdiction.

2.DEFINITIONS

HTC LTD, us, we or our means Hamilton Travel Co.Ltd and / or Hamilton Travel Cruises Co.Ltd both limited liability companies incorporated under the laws of Malta.

You or the traveller or the Client shall mean you and all other persons traveling with you, in whose name you have made the booking.

Sales Agent means a person or a licensed travel agency or licensed tour operator that sells or offers for sale any service put together by HTC LTD, on its own or on behalf of HTC LTD. Journey or holiday means any service booked directly or indirectly through HTC LTD.

3.COVID-19 VIRUS

For the safety and health of the Client and to help slow down any transmission of the Covid-19 virus, you may be required to pass through temperature checks and/or undergo Covid-19 PCR test or antigen test and/or present a negative Covid-19 test and/or wear a mandatory face mask in the airport, on the flight, on the cruise, at the hotel, on the excursion, when being transferred or at the place of your destination. If the Client fails to comply with any of these requirements which may be amended accordingly, then the Client may not be allowed to travel. The client may also need to be fully vaccinated against Covid-19 as per current law of the country/countries being visited. It is the client’s responsibility to check with the relevant authorities of the country/countries concerned about entry/exit protocols surrounding vaccination and/or testing. This includes confirming with the relevant authorities of the country/countries concerned which proof of documentation is required regarding Covid-19. This also includes entry and exit laws for Malta. This is subject to change at any time by any authority.

The Client must advise us without undue delay if any of the following occur;

• If you have been diagnosed as positive for Covid-19 at any time during the fourteen (14) days before your journey;
• You have had any of the following symptoms related to Covid-19 within the last fourteen (14) days prior to your journey. Including but not only;

a)Fever

b)Cough

c)Loss of taste of smell

d)Shortness of breath

• You have been in close contact with a person who tested positive for Covid-19 in the last fourteen (14) days before your journey;
• You are ordered to stay in mandatory quarantine by the local or national authorities
• You may be subject to a fourteen (14) days quarantine on return from your journey to Malta this is subject to the restrictions imposes by Maltese Authorities from time to time and HTC LTD shall not be responsible for you being subject to any quarantine duration. It is possible that when booking an MSC Cruise, due to the COVID-19 pandemic, the said cruise or itinerary of your cruise booked would have to be changed due to closure of ports and/or new restrictions imposed by the Maltese Authorities. HTC LTD reserves the right to do so and shall not be held responsible for any change in itinerary or cruise ship made due to reasons ensuing from the COVID-19 pandemic or any other pandemic or any travel bans.

4.YOUR BOOKING

Subsequent to paying your non-refundable deposit a receipt including a copy of these Terms and Conditions shall be issued by us. Your payment and signature shall confirm that you have read and understood these Terms and Conditions. The booking made by you shall be confirmed once the non-refundable full amount is paid. Upon paying your deposit it is important that you provide us with a valid passport and/or other valid traveling documents. If you fail to do so and any of your data is incorrect, charges may be imposed by the services you have booked and any other additional administration charges may also be imposed as the case may be. 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 minimum administrative fee of €50 for any such change to your booking, and any actual costs incurred in respect of such a change.

Where the price varies depending on the number of persons booked 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 the brochure and/or the booking engine. 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.

Should you wish to transfer a booking to a new traveller the following may apply;

• MSC Cruises – a minimum fee of €100 will apply should you require a transfer of the booking to a new traveller.
• Group Tours – charges shall apply should you require a transfer of the booking to a new traveller; such charged may differ according to the group tour booked.
• Tailor Made Journeys – charges shall apply should you require a transfer of the booking to a new traveller, such charges may differ according to the services booked which depends on the airline, accommodation, transfer, cruise and any other service as each service provider has their own terms and conditions which HTC LTD must abide by.

Any notice to change or transfer your booking should reach us within a reasonable time, notwithstanding this should reach us at the latest 30 days prior to your departure date.

Should you book an non-Malta MSC Cruise and subsequently your booking is cancelled due to circumstances such as force majeure or any other unforeseen circumstances, you will either be given the option to change the date or a voucher with the same amount that you have paid which can be redeemed on another future MSC Cruise.

5.PRICE POLICY

The prices quoted by any one of our agents are subject to availability at time of booking and/or subject to change at time of booking. Prices quoted are per person, children prices are only applicable when they share a room/cabin with two or more full paying adults, if not children will have to pay the adult price. The price indicated to you by our travel executives shall always include the insolvency fund certificates service charge and taxes. The prices indicated on our brochures are valid at the time of its publication and at the time of booking, the brochure price of your chosen journey may have increased due to substantial currency fluctuations and/or increase in taxes and/or fuel increases imposed or any other circumstances out of our control. Should said changes occur, we reserve the right to make the necessary increase in price, and we shall inform you of this change in writing without undue delay but in no case later than 20 days prior to your departure.

6.PAYMENT OF BALANCE

The non-refundable balance due for the holiday must be settled by not later than three (3) months prior to the departure of your cruise, or by not later than two (2) months prior to departure in the case of other packages. If this time has elapsed then your full payment is due immediately and if your payment does not reach us in time we have the right to cancel your booking , retain your deposit and impose any cancellation fees incurred. If you have booked through a sales agent and they fail to pay us in full, HTC LTD is under no legal obligation to supply you with your journey and thus your booking will be canceled, thus it is wise to ensure that the sales agent you booked through effects your payment with us.

We urge the Client to pay by credit card, Revolut, Paypal, BOV mobile pay or Cheque. Notwithstanding where any discounts or special offers are applicable, credit card payments are not accepted and if the Client wishes to still pay by credit card, the discount or special offer cannot be applied.

7.CANCELLATION

You are entitled to cancel your booking with us at any stage prior to your departure, keeping in mind that the payment made for your booking is non-refundable and in addition you also may be subject to cancellation fees. 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 sales agent through whom the booking was made. The cancellation will be valid from the date it is received at our offices.

We also reserve the right to cancel the group tour and/or cruise if there are not at least a minimum capacity of 50% booked on the tour/cruise you have reserved, or if sales of that journey 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 journey. In case of cancellation by us, you will be informed at least:-

• 20 days before the departure date of said cancellation if your tour/cruise was planned to last longer than 6 days;
• 7 days before the departure date of said cancellation if your tour/cruise was planned to last between 2-6 days
• 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 HTC LTD.

8.OUR DUTIES AND OBLIGATIONS

A.We ensure to take all the proper research and arrangements thus to provide you with the perfect journey, notwithstanding HTC LTD is not responsible for any prejudice, extra costs or losses you may suffer, directly or indirectly, if you make any arrangements with third parties which are independent to your HTC LTD booking.

B.HTC LTD shall not be responsible for any activities which are canceled or amended due to the following;

• Force majeure or unavoidable and extraordinary circumstances
• Pandemics
• Adverse weather
• Strikes
• Travel Bans
• Terrorism

C.If you have a specific request we will try our utmost to liaise this with the supplier, however this is never guaranteed and is only a request which is subject to availability.

D.It is unlikely however some circumstances lead us to have to change the arrangements of your journey, and we reserve the right to do so in the event that this is necessary. Such changes may include, but not only;

• Force majeure or unavoidable and extraordinary circumstances
• Government or Local Authority action
• Pandemics
• Essential Maintenance or Cleaning
• Lack of support or demand
• Religious or local holidays or changes made by our suppliers which shall also include change of flight times, hotels closing down, hotel or flight overbooking, bad weather which imposes a change in itinerary.

We shall inform you within a reasonable time should we make any changes to your journey. Regarding group tours organized by HTC LTD, when changes need to be made at short notice, this may be due to the weather, road or traffic conditions, mechanical breakdowns, police activity, local authority restrictions/actions etc… Thus we shall not be held liable for any changes effected when they are caused by something we have no control over.

E.Further changes to your arrangements may be made;

• Should changes be needed to be made before your departure, we will inform you or your sales agent with the change of details within a reasonable time.
• Should changes be needed to be made during the commencement of your journey due to unforeseen circumstances which are out of our control such as a change in hotel or any other part of you journey arrangements we will do our best to maintain the overall standard and quality of your original booking.

F.Flights;

Details of your flight are given to you at time of booking by our sales team. With regards to group tours, the choice of airlines and hotels is exclusively at the discretion of HTC LTD and thus we reserve the right to change to an alternative airline or aircraft if this may be necessary and you shall be informed in a reasonable manner. With regards to tailor made journeys, flight schedules are subject to change at the discretion of the airline. Once our sales team gives you your flight tickets it is your duty to check the details and make sure that they are correct. We are therefore not responsible for any mistakes found if you do not bring this to our attention as soon as the flight tickets are handed over to you by our sales team. 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.

G.MSC Cruises

Whenever you book an MSC Cruise you are subject to the MSC Terms and Conditions. These may be accessed through the following link; https://www.msccruises.com/en-gl/Assets/Booking-Terms-Conditions-2021_2022-Malta.pdf. A printed version of these Terms and Conditions are also available at our Offices. It is assumed that before booking your MSC Cruise with us you have read and understood the MSC Terms and Conditions together with HTC LTD Terms and Conditions.

When booking your MSC Cruise, your preferred cabin type can only be booked if it is available on our system. Should your preferred cabin type not be available, we will let you know what is available at that point in time and it is left in your hands if you would like to book another type of cabin or book on another date. Cabin numbers are only confirmed once your ticket is issued. When booking a balcony cabin, the balcony can either be glass or metal. Outside or balcony cabins may at times be partially or fully obstructed. In the unlikely event that you cancel your MSC Cruise booking you will be subject to cancellation fees which are calculated in accordance to HTC LTD Terms and conditions, and MSC terms and conditions. Your MSC Cruise is always booked on a full board basis, with the buffet open 20 hours daily, excluding drinks and any specialty restaurants. Facilities such as, but not limited to; bowling, formula 1 simulator, wifi, zip line etc… are all against payment. On any MSC Cruise, the Hotel Service Charge is mandatory and integral part of the price. The charge per person can be either paid on board at the end of your cruise or prepaid at the time of your booking. The Hotel Service Charge does not apply to children under 2 years of age old at the time of the cruise departure date. Your MSC Cruise cabin may be small or even very small compared to standards which you may be accustomed, including any adjoining en-suite or bathroom. Usually, we do not recommend more than 2 adults in a room however this is at the client`s discretion. Clients who wish to book a room with 3 or 4 persons will most probably be given a small extra folding camp bed, Pullman/pulldown bed, bunk bed or a sofa bed which may make accommodation quite uncomfortable especially with regards to persons of 60+ years or those who suffer from certain disabilities. You may make a request at time of booking with us that you prefer a double or single bed, however assignment of rooms are not handled by HTC LTD, but by the cruise and thus your request may be subject to availability. 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.

H.Accommodation

Usually check-in a hotel is made at around three (3) p.m. Or later and check-out from hotel rooms usually is made not later than nine (9) a.m. You are kindly asked to respect the indicated time and follow all instructions provided to you by our staff. Hotel rooms may be small or sometimes even very small when compared to normal standards, including the adjoining en-suite or bathroom. Usually, we do not recommend more than 2 adults in a room however this is at the client’s discretion.

Clients who wish to book a room with 3 or 4 persons will most probably be given a small extra folding camp bed, pullman bed, bunk bed or a sofa bed which may make accommodation quite uncomfortable especially with regards to persons of 60+ years or those who suffer from certain disabilities. Notwithstanding, we are not to be held liable for any room which is smaller than your expectations as this is also indicated to you by one of our travel executives at time of booking. You may make a request at time of booking with us that you prefer a double or single bed, however assignment of rooms are not handled by HTC LTD, but by the hotel and thus you request can only be requested once you are assigned your room in the hotel , subject to availability. The norm is that swimming pools are not heated in colder weather and the general standard of hygiene, public utilities, drainage, plumbing, air-conditioning systems and services in general may not be up to the same standards as that we are used to Malta. Accommodation is generally on a bed and breakfast basis thus only breakfast is included in the price. Breakfast can either be continental or American and this is in accordance to what the hotel offers. Also there are certain travel packages that are on a half-board basis, thus breakfast and dinner are included in the global price. This either takes the form of an a la carte menu or buffet, in this case one of our travel executives) shall inform you accordingly. Please note that when a hotel offers an a la carte menu, portions served are moderate and sometimes may be considered as small when compared to local customary food portions. Drinks may not be included in the price and charged separately. City taxes and/or Eco taxes are charged in most hotels and must be paid by the client either upon checking out or upon payment of the booking. In many group tours and tailor made journeys, the use of the mini-bar, telephone, pay tv and other services are not included in the global price, thus have to be paid over and above. To be sure what is included and what is not, when in doubt please always ask one of our travel executives who will guide you accordingly regarding any charges to which you may be liable.

I.Entrance Fees and Excursions

Fees relating to entrances to museums, shows, boats, concerts, trains, buses, cable cars, spas and other related services may be at an extra cost whilst on your journey and may not be part of the global price. To be sure of all the extras included on your package and if there are any additional fees to be paid, please always ask our travel executives who will guide you accordingly. With regards to group tours, excursions are most usually optional thus if you choose an excursion this will be charged over and above the global price. When it comes to your MSC Cruise, excursions are normally optional and are at an extra cost. However due to the current Covid-19 pandemic, it might be the case that you are obliged to take the excursions package to be able to disembark the ship. This is for the health and safety of all the passengers on board, as it promotes a bubble scenario where passengers are always with the same people. Prices of excursions may fluctuate from what you see on the brochure, this is due to increase in fuel, taxes etc.􀯭 Not all excursions include the service of a local guide or of the tour later on cruise excursions. HTC LTD. is solely responsible for the excursions included in our group tours. If you decide to book an external excursion which has not been booked through our Office or through MSC for the cruises, we shall not be held liable for any inconvenience caused.

J.Services of the Tour Leader

When it comes to group tours and MSC Malta to Malta Cruises, these are usually escorted by an experienced Maltese speaking tour leader who shall be responsible for the implementation of your journey. The tour leader shall in no way be responsible to provide any services over and above that indicated in the brochure, and shall not be obliged to accompany the group to any shops, flea markets, theme parks or restaurants, even though these visits are included in our brochure. In the unlikely event that an emergency occurs, namely if you suffer any injury or fall victim to a crime, the tour leader shall take the necessary steps to offer you the necessary emergency assistance and indicate to you the nearest local health service, local authorities and/or Maltese embassy whilst assisting you in making any alternative travel arrangements where the need arises. We reserve the right to charge you for the cost of such assistance. It is your duty to inform the tour leader during your journey with any problem you encounter, preferably in writing, so that where possible, the problem can be dealt with promptly.

9.YOUR DUTIES AND RESPONSIBILITIES

A.)You are to be responsible to ensure that you are in possession of a valid passport and/or other valid travel document, that your details on your booking are correct and that you have contacted the responsible embassy to make sure that you have all the appropriate visas needed. HTC LTD. does not offer the service of applying for any visas, we only advise you on what is needed in the place of your journey, however it is your duty to make sure that all you documents including visas are as needed to travel. You are responsible for any charges, fines etc. That may be imposed by authorities in Malta or overseas for the non-compliance of regulations in this area and any such amounts will be charged to you.

B.)It is your responsibility to check if you are healthy enough and fit for travel be if you are an adult, adolescent, child or infant. This is due to the fact that health facilities, hygiene and risk of diseases and viruses vary worldwide.

C.)Our travel executives will advise you if you require any vaccinations, however you are responsible to check what vaccinations and vaccination documents are needed to travel safely to your journey. In some cases, if you do not have the needed vaccination documentation you may be denied entry into a country. We advise you to always consult with your doctor and/or specialist vaccination clinic before commencing to your journey.

D.)It is your responsibility to ensure that you have a valid European Health Insurance Card which makes you eligible to use certain medical services within European countries which are members of the European Union.

E.)It is your duty to purchase travel insurance which is highly recommended to buy such insurance. Notwithstanding, HTC LTD. cannot be held responsible if the client does not purchase travel insurance and needs to make use of it as our sales agent will always ask you at time of booking if you will be buying travel insurance or not, and advise you to do so.

F.)With regards to your pregnancy, it is your responsibility to ensure that you are fit to travel. Airlines and cruises have regulations which you need to abide to. For airlines, usually, between 28 to 35 weeks of pregnancy: you will need to present a certificate from your own medical consultant stating that you are fit enough to fly. From 36 weeks of pregnancy onwards: you will need clearance as issued by the airlines’ own medical doctor. For cruises, usually, pregnant women are only allowed to sail

if pregnant for 23 weeks or less at the date of cruise disembarkation. All pregnant women are required to produce a doctor or midwife’s letter stating that mother and baby are in good health, fit to travel and that the pregnancy is not high risk. These terms are subject to change at any time in accordance to the relevant airline carrier or cruise.

G.)You must be responsible for a reasonable standard of behavior. We reserve the right to decline to accept or retain any person as a client if their behavior 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 give compensation to, or costs incurred by, any person whose behavior is considered unacceptable and is made to leave any of the afore-mentioned premises or facilities.

H.)By signing these Terms and Conditions, the client is acknowledging the fact that they are booking and proceeding with their journey at a time where special circumstances are developing in relation to the Covid-19 pandemic. Thus, the client is agreeing that if their travel arrangements are to be cancelled or the client decides to cancel their travel arrangements for reasons ensuing from Covid-19, they will only be given a refund if the local and foreign suppliers and/or airlines and/or cruise line provides us with payment. Furthermore, the client hereby agrees that HTC LTD is not responsible to provide a refund for fund which have not been given back and have not been refunded by the local and foreign suppliers/ airlines/ cruise line, and further agrees that their payment is considered as non-refundable. If and when a refund is applicable, this may take up to nine (9) months to be processed.

10.FOOD ALLERGIES

The client is kindly advised to inform us before booking that they have a specific allergy or intolerance to certain foods. In the case of an MSC cruise, the client will need to fill in a special needs form, these details will be provided to MSC Cruises. The client shall also advise their tour leader and restaurant waiter about their allergy. In the client omits from informing us or MSC cruises, then HTC LTD and MSC Cruises shall not be held liable for any damages ensuing therefrom. Notwithstanding, even if informed accordingly, HTC LTD and MSC cruises shall not be held liable even if there is any cross-contamination during food preparations.

11.LIABILITY

HTC LTD. shall not be held liable for anything that may happen to you outside of the travel arrangements you have booked with us. HTC LTD. Shall not be held liable for any theft or injury you may suffer throughout your holiday even if this happens within one of the arrangements offered by us.

12.FORCE MAJEURE AND UNAVOIDABLE AND EXTRA ORDINARY CIRCUMSTANCES

Force Majeure or unavoidable and extraordinary circumstances shall be a defence to the non-performance of the booking. Thus if your journey cannot take place due to Force Majeure or unavoidable circumstances HTC LTD. Cannot be held responsible as this is something out of our control.

13.COMPLAINTS

In the unlikely event that you have a problem or complaint relating to a part of your journey the following must be done:

1.If a group tour, it is important that you inform your tour leader about your problem or complaint as soon as possible so the tour leader can try to remedy the problem or complaint on the spot.

2.If a Malta to Malta MSC Cruise, it is important to inform your tour leader and also the cruise􀯭s reception about the problem you have encountered as soon as possible so that the tour leader tries to remedy the situation on the spot.

3.Tailor Made Journeys; please make sure to notify us in writing on info@hamiltontravel.com.mt within seven (7) days of the date of arrival from your journey.

Due to the difficulties of investigating, any complaint lodged after the seven (7) days from the date of arrival from your journey shall be seen as inadmissible and thus the complaint shall be considered as closed.

We strive to make sure that your complaint is addressed in a professional manner and to your satisfaction, however should you disagree with our conclusions, you have every right to lodge a case with the MCCAA in accordance to consumer law.

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.