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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. We want you to enjoy your holiday as much as possible and return to Malta satisfied and relaxed, above all convinced that you have been given good value for money. These Terms and Conditions have been laid out according to international rules to ensure that the agreement between Hamilton Travel and the client are clear and fair to both parties. These conditions cover every aspect of your holiday, from the moment you book up until the moment you return home. The general conditions clearly spell out our obligations to you and also your commitments to us when you book your holiday with us.
OUR COMMITMENT TO YOU
1. YOUR BOOKING
After you have paid your deposit (deposit on normal tours is €200, deposit on cruises, USA tours, football tours and concerts is €350 per person, which are subject to change from time to time) and a receipt has been issued, by us, the booking is considered confirmed and that you have read and understood these Terms and Conditions. We will reserve your tour. Your booking is considered confirmed also for all other persons that are travelling with you and for whom you have made the booking. The people travelling with you are also considered to have read and understood the Terms and Conditions. Usually a tour will be cancelled if there are not at least 30 people booked on the tour and in which case you will be informed at least 14 days before the departure date. Payments should ideally be made by “Personal Cheques” and are only accepted up to 15 days before the departure dates (this is to ensure that there is enough time to clear any cheques in the event there should be a problem). Whenever discounts or special offers are applicable, payments by credit cards are not accepted. In the case of “Charters”, the departure times are subject to change due to changes in “clearance by foreign airports. In this case, Hamilton Travel is not responsible for the change.
2. OUR PRICE POLICY
The prices indicated here are those set at the time of publication of the brochure. The prices for children indicated in each program apply only when such children share the room with 2 or more adults. If 1 adult and 1 child share a room then the child will have to pay the adult rate. It is possible that at the time of booking, the actual price of your chosen holiday may have increased from that shown in the brochure. In this case, we reserve the right to make such an increase in price. We guarantee that the price of your tour will not be subject to any type of additional payment, except for the following reasons. Once you have booked your tour and paid your deposit, the price will only change if there is a fluctuation in exchange rates or an increase in taxes or ‘levies’ or an increase in aircraft fuel prices, imposed by the airlines, or any other increase that affects the price directly or indirectly, such as city taxes imposed by the local authorities. If city taxes are applied at any given time, in any of the European cities visited by you, such taxes are to be paid by you. The taxes include a 3% service charge. During the tour, there is the possibility that an extra payment may need to be made if the Tour Leader deems such a payment necessary, for example: When the coach is required for services not included in the programme. Tips for the driver are also generally collected by the Tour Leader during the tour.
3. OUR ASSURANCE ON STANDARDS, DUTIES & OUR OBLIGATIONS
Our brochure descriptions are based on the information obtained from hoteliers and other service producers. Hotel rooms and ship cabins are always small (sometimes very small). Hamilton Travel, only works with hotels that have single or twin / double bedded rooms. Triple or quadruple rooms are hardly ever available. A third and/or fourth person wishing to share a twin / two bedded room, will most probably be given either a small extra folding ‘camp bed’, a bunk bed or a sofa bed, which will 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). It is international policy that check-in of rooms is not done before 3.00pm and that check-out from rooms has to take place by 9.00am. When two people book a room for two, Hamilton Travel reserves the right to provide two single beds or a double bed. The bathrooms and also showers may also be very small. The hotels we provide are not equipped with air-conditioners and a fan will not be provided, unless otherwise stated in the programme. This also applies to the coaches we use, unless otherwise stated. Hamilton Travel is not responsible for anything that happens to a client outside of the hotel and for any services not offered directly by the hotel where the client is staying. Hamilton Travel is also not responsible for any theft that may occur in the Hotel or the coach and that is why we insist on an adequate insurance cover. Lunches and dinners are always served on three courses. No choice of food will be provided, neither changes can be accepted, for example, having meat instead of fish. Portions are moderate (although sometimes they can be small) in size. When buffet meals are provided, a choice is available. During dinner, any drinks ordered, including water and soft drinks, are always to be paid for separately, this is international practice. The use of the mini-bar and telephone, when available, are to be paid by the client. There could also be an extra charge for the use of ‘pay’ television in the room, imposed by the hotel. Please confirm this with the Tour Leader. In the event you do not confirm or ask the Tour Leader, Hamilton Travel will not be responsible for refunding any extra costs for services not included in the programme. Unless otherwise specified, entrance fees to museums, shows, boat or train trips, and the use of cable cars are charged separately. Excursions (visits to places of interest) that are listed as ‘optional’ are charged separately and unless otherwise stated, these cover the cost of the coach transfer, while entrance fees are charged separately and no local guides will be provided. The prices are clearly listed in the price box on the programme. Only items listed in the section ‘Included in Price’ are in fact already paid for. Please note that the brochure is published many months before and therefore there may be times when an advertised facility or entertainment is not available during your particular tour, especially if it is not high season. Bad weather, essential maintenance or cleaning, lack of support or demand, may all affect the actual availability of particular activities or facilities; so, for instance, can such things as local licensing laws, religious or local holidays, or local authority or government restrictions. Similarly, touring itineraries may have to be changed sometimes at short notice, due to weather, road or traffic conditions, mechanical breakdowns, police activity and any other circumstance over which we have no control. In such cases no refunds will be issued. Coaches are not air-conditioned (except when clearly specified on a programme) and do not have onboard functional toilet facilities. 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. Each group tour is escorted by either a Maltese speaking tour leader who will be responsible for the implementation of the programme. The tour leader is under no circumstance responsible to carry out work (unless for emergency), over and above the official programme and is not obliged to accompany members of the group around shops, flea markets or theme parks. As a responsible company, we feel it is important to mention these possibilities, although they are very rare.
If you have a particular problem, please inform your tour leader in writing at the time, so that, if possible, it can be dealt with there and then. Having said all that, we want to give the following assurance about our liability to you:- We have taken all reasonable steps to ensure that proper arrangements have been made for all the holidays which are advertised in this brochure. You will appreciate, however, 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 adverse weather, strikes or the indisposition of the protagonist or any other circumstance that is not in our direct or indirect control. Hamilton Travel is not responsible for any flight delays that may occur and any other consequences that arise from such delays.
Requests such as adjacent rooms or cabins are always forwarded to our respective suppliers but they can never be guaranteed. Cabin numbers provided upon booking could eventually be changed by the cruise company. All MSC excursions are guided by an English speaking local guide. If the minimum number of participants required per excursion is not reached the excursion is cancelled. Neither MSC nor Hamilton Travel are responsible for any changes in the excursions due to local activities, events, holidays etc that prevent part of the excursion or the entire excursion from being carried out. MSC reserves the right to change any excursion based on their discretion.
4. IF WE CHANGE YOUR HOLIDAY ARRANGEMENTS
a. Before departure date – we plan our holidays to give you the maximum enjoyment. Although it is unlikely, we may occasionally have to change your holiday arrangements and we reserve the right to do so any time. For instance, flight timings may change, a hotel may close down or be overbooked, we may have to amend an itinerary, or sales of that holiday may not reach the level which would be economical for us to operate. If we have to make any changes, we will inform you or your Travel Agent as soon as is reasonably possible before departure.
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.
5. IF WE CANCEL YOUR HOLIDAY ARRANGEMENTS
We may occasionally have to cancel your holiday arrangements. For instance sales of that holiday may not reach a level that would be economical for us to operate. This cancellation is made at the discretion of Hamilton Travel. We reserve the right, in any circumstances, to cancel your holiday and, in this event, we will return to you all the money you have paid us or will offer you an alternative holiday to purchase, of comparable standard, if available. In this unlikely event we have to cancel your trip, (unless for reasons beyond our control, i.e. industrial action, natural disasters, terrorist activities, breakdown of aircraft or ship etc.), Hamilton Travel will refund you all money paid for the cost of your holiday plus, the following amounts as compensation per person:-
Notification more than 15 days before departure – nil
Notification between 8-14 days - €25
Notification between 0-7 days - €50
6. YOUR FLIGHT
Details of your airlines we anticipate utilising is shown in the programme. The choice of airline is exclusively at the discretion of Hamilton Travel. The right is reserved to substitute alternative airlines and/or aircraft if necessary. Flight timings are subject to confirmation and some changes. Our reservation system will show the latest timings as advised to us. Please check your flight tickets as soon as you receive them, as they
will show the final timing for your flights. Some flights may have intermediate stops en route and as factors affecting this are not always known before departure date, we cannot always notify you in advance. Flights are subject to the granting of permits and licenses by authorities both in Malta and overseas. In the event of your flight arrangements being changed or cancelled, as outlined in this section and sections 4 and 5, we accept no liability for extra costs or consequential loss arising, directly or indirectly, from independent contract arrangements between the client and a third party. Hamilton Travel is not responsible for the service given by the airline, before, after and during the flight.
7. CONDITIONS OF CARRIAGE
Transport of any kind is subject to the conditions of carriage of the company providing that trip. These conditions are likely to embody the provision of the law of the country of the company concerned or are likely to be subject to international conventions with government (s), any of which may limit or exclude the liability of the carrier (airline, coach, ship etc).
Health facilities, hygiene and risk of disease vary worldwide. It is your responsibility to check if you are healthy enough to travel. In the event you fall ill, Hamilton Travel is not responsible under any circumstance, although the Tour Leader will try his/her very best to offer assistance. You must take all necessary advice regarding your health and specific requirements, and also any inoculations you may need depending on the country you are going to travel to as soon as possible, to ensure as early as possible 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. Our advise is that you contact your doctor or that you phone the ‘International Travel Vaccination Bureau’ on 21239260, Monday to Friday between 8.00am and 1.00pm.
9. FORCE MAJEURE
The tour programmes as described can be changed due to reasons of Force Majeure like technical faults on planes/ships/coaches/hotels, strikes, wars, closure of ports, quarantines etc. Where cruises are concerned, ports of call can be missed, when deemed necessary by the respective vessel's captain, to safeguard the passengers' onboard, due to Force Majeure reasons. In such cases neither Hamilton Travel nor the owners of the ship/plane/coaches/hotels are held responsible. No refunds shall be issued due to Force Majeure reasons. In such case port taxes are not refunded.
YOUR COMMITMENT TO US
1. BALANCE OF PAYMENT
The balance due, must be settled up to six (6) weeks prior to departure (eight (8) weeks in the case of a cruise) or immediately in the event you have booked six (6) weeks prior to departure (eight (8) weeks depending on trip). If you book from a travel agent, ensure payment is made to the agent within reasonable time, in which case the agent can make payment to us in time. If for some reason we would not have received your payment in time, we reserve the right to cancel the booking and impose a cancellation fee, as this cancellation will be according to paragraph three (3). If you pay for a tour to a travel agent, this agent will keep the above mentioned money as our agent from the time you pay him until the agent pays us.
2. IF YOU CHANGE YOUR BOOKING
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. A handling fee for any such change to your booking within six (6) weeks of departure date will be levied., then we reserve the right to pass on any additional costs incurred over and above the standard handling fee above already charged. 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 on the 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. A separate cancellation charge will be levied in respect of bookings cancelled in accordance with paragraph three (3) below.
3. IF YOU CANCEL YOUR RESERVATION
A cancellation can only be accepted once a letter has been sent, by either the client 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. All types of travel insurance are supposed to cover “cancellations” and for this reason we require that such travel insurance is purchased prior to travel. The insurance is to make good for any expenses incurred by the client who has to cancel their trip. Obviously, as in any other insurance, certain terms and conditions are applicable. In the event the client has not purchased insurance, Hamilton Travel can only refund the balance that we have not yet paid or are obliged to pay to any other Third Party. In case of cruises, no refunds are given back in case of cancellations due to the fact that these are committed.
4. YOUR RESPONSIBILITIES
a) It is your responsibility to ensure that you and those for whom you are booking are in possession of valid passport and any appropriate visas. Be sure to check passport 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 recharged to you.
b) Similarly, it is your responsibility to check with your doctor as to what vaccinations or inoculations are advisable for your chosen destination.
c) Airline/Seas regulations state that women 28 weeks or more into pregnancy, at the time of return travel, must have a medical certificate of fitness to travel.
d) You must be responsible for a reasonable standard of behaviour by yourself and by those for whom you have booked. 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. You understand that we shall be under no liability to pay any refund or compensation to, or costs incurred by, any person whose behaviour is thus unacceptable.
e) 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 important that you buy such insurance; in fact you will not be allowed to travel if you are not insured.
5. 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 advise in writing our tour leader, representative or agent in your resort at the earliest opportunity, in order that it may be investigated and we 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. Because of the difficulties of investigating a complaint too long after the event, we will not 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. In this case, it will be assumed that the client will have renounced the right to take any legal action against Hamilton Travel regarding their holiday. In any case, contestations between Hamilton Travel and the clients will have to be judged by an appropriate court at the Courts of Justice, Republic Street, Valletta, or in any tribunal or other court upon which the company and clients agree upon. Whoever books a holiday with Hamilton Travel, is considered to have read the conditions and has accepted them without any reservations.