In these terms and conditions (“Conditions”), “we” or “us” means Hans Travel Ltd, a company incorporated in Malta with company registration number C 98483 and having its registered address at Level 17, Portomaso Business Towers Portomaso Avenue, Portomaso, St Julian’s, Malta, which may be contacted at email@example.com or by phone on +356 2206 1699.
These Conditions are for the purchase and sale of package holidays, each of which is a “package” within the meaning of Directive (EU) 2015/2302 on package travel and linked travel arrangements (the “Directive”). A copy of the legislation implementing the Directive in EU Member States will be provided upon your request.
The following Conditions set out what you can expect from us when you buy a package from us and will not apply to any other course of dealings between you and us.
1 The Contract
1.1 The Booking Form, these Conditions, your Booking Confirmation and any other similar documents, our brochures (if any) and the information on our website shall form the sole basis of the contract between the Company and you and us (the “Contract”).
1.2 Information published on our website constitute part of the Contract, unless such information is irrelevant to you and your holiday. Such information will not be treated as part of the Contract if it was clearly out of date or is no longer applicable prior to the confirmation of your booking.
1.3 In addition to these Conditions, conditions of carriage will apply and form part of the Contract where your holiday includes a flight. These conditions of carriage will be available on the website of the respective airline.
1.4 Where the context permits, reference to “you” and “your” in these Conditions will include the person signing the Booking Form and all persons travelling under that same booking.
1.5 The Contract is governed exclusively by the laws of Malta and the Maltese Courts shall have exclusive jurisdiction to determine any dispute or claim that arises out of or in connection with the Contract, subject to Clause 1.6.
1.6 If you are resident in a Member State of the European Union, then the courts of that Member State also have jurisdiction.
1.7 If you are a resident of a Member State of the European Union, your Contract is governed in all aspects by the laws of Malta, but you will also have the benefit of any mandatory rules of law applicable in your country of residence.
1.8 The European Commission also provides an Online Dispute Resolution Portal under http://ec.europa.eu/consumers/odr/.
1.9 These Conditions apply equally to you and to all persons named in your booking. When you make your booking on behalf of other people, it is your responsibility as their agent to bring these Conditions to their attention and ensure they have read them.
1.10 On requesting your booking, you guarantee that you have the authority to accept and do accept on behalf of all persons named in the Booking Form the terms of these Conditions.
1.11 On signing the Booking Form, or upon your written confirmation that you agree with the terms listed therein, you acknowledge that you have received, understood and accepted these Conditions and the content of the Booking Form.
1.12 The person who signs the Booking Form or makes and pays for the booking must be at least 18 years old. Some hotels and other suppliers may require some or all of your group to be at least a particular age, or for at least one person in each room to be of particular age. To check a specific hotel or supplier’s policy, please contact us.
2 Before you Book – Researching a Holiday with Us
2.1.1 We reserve the right to alter the prices of any of the holidays shown on our website, in our brochures and other literature.
2.1.2 You will be fully advised of your tailor-made itinerary and pricing prior to the making of your booking.
2.1.3 Prices you see online may be different to prices offered over the phone, in our retail stores, or via a travel agent. Before you make a booking, we will give you the up-to-date price of your chosen holiday including the cost of any supplements, upgrades, or additional facilities which you have requested. The price of any holiday booked includes only the items specified in the Booking Form. Unless otherwise specified, it does not include items of a personal nature including, but not limited to, travel insurance, airport transfers, meals, optional excursions, passport, visas, cots and food for infants, laundry, room service and hotel extras (including early/late check-in/check-out fees), hotel car parking (where applicable), gratuities or taxes.
2.2 Hotel Meal Plans and Room Configurations:
2.2.1 Half-board or all-inclusive properties may base their inclusive meals on specific dining venues. When more than two people share a room the hotel may specify that this is based on the room’s ‘existing bedding’ and not provide an additional bed as standard, although rollaway beds can often be booked at an additional charge.
2.3 Special Offers:
Some of our hotels run special offers and a selection of these are outlined on our website. The special offers on the hotel pages of our website are intended as a guide only and are subject to change. You will be advised of the full terms and conditions applicable to specific offers when you book and these may differ from these Conditions, particularly in relation to flights.
2.4.1 Please note that in order to qualify for infant status an infant must be under two years of age on the date of their return flight.
2.4.2 Our website, brochures and other literature are our responsibility and do not commit the airlines mentioned therein to provide any services until you have received a Booking Confirmation.
2.5 Persons with reduced mobility:
2.5.1 Prior to making a booking we will try to advise you whether your proposed holiday is generally suitable for persons with reduced mobility.
2.5.2 It is your responsibility to advise us of any specific needs.
2.5.3 Where you have made known to us specific needs, we will try to advise you on the suitability of the holiday taking into account the specific needs you have made known to us.
3 Making a Booking
3.1 Where to book and payment:
3.1.1 A booking can be made by contacting us at firstname.lastname@example.org or by phone on +356 2206 1699 and must be accompanied by full payment, or the required deposit (to be advised at the time of booking). Special payment conditions may apply during peak periods (public holidays, exhibitions and special events, Christmas and New Year, etc.).
3.1.2 You will be advised of any special payment conditions at the time of booking. If you are unable to pay your final balance by the due date, your holiday may be cancelled without further notice and we will retain your deposit.
3.2 Booking Confirmation:
3.2.1 A booking is accepted by us and comes into effect as soon as we issue confirmation of acceptance of the booking and availability of the relevant accommodation, flights, and other facilities (“Booking Confirmation”). Please note we are under no obligation to accept a booking and issue a Booking Confirmation.
3.2.2 Once full payment has been made for an accepted booking, we will issue you with your travel documents including your flight ticket and service vouchers for land-based services (e.g. hotel accommodation).
3.2.3 It is important to check your Booking Confirmation to make sure that all the details are exactly as you requested. In the event of any discrepancy, please contact us or your travel agent immediately as it may not be possible to make changes later.
3.2.4 Your Booking Confirmation will confirm the following information:
- (i) the travel destination(s), itinerary and periods of stay, with dates and the number of night’s accommodation;
- (ii) transport, including planned timings and dates, points of departure and return and details of any intermediate stops and connections;
- (iii) accommodation details;
- (iv) meal plan, if applicable;
- (v) any visits, excursions or other services included;
- (vi) whether any travel service will be provided as part of a group, and if so, the approximate size;
- (vii) where any tourist services have been booked which depend on effective oral communication, the language in which those services will be carried out;
- (viii) the minimum number of persons required (if any) for your holiday to take place;
- (ix) whether the holiday is suitable for persons with reduced mobility and, upon your request, precise information on the suitability of the holiday taking into account your needs;
- (x) any special requirements that have been communicated to us and accepted;
- (xi) the arrangements for payment, including any amount or percentage of the price which is to be paid as a down payment and the timetable for payment of the balance, or financial guarantees to be paid or provided by you;
- (xii) general information on passport and visa requirements, including approximate periods for obtaining visas and information on health formalities, of the country of destination;
- (xiii) information on optional or compulsory insurance to cover the cost of termination of the contract by you or the cost of assistance, including repatriation, in the event of accident, illness or death;
- (xiv) information that you may terminate the contract at any time before the start of the package in return for payment of an appropriate termination fee;
- (xv) the total price of your holiday, including taxes and where applicable, all additional fees, charges and other costs, or an indication of additional fees, charges and costs where these cannot be calculated in advance.
3.2.5 When a booking is made through a travel agent, all monies paid by you to the travel agent are held by the travel agent as our agent.
3.3.1 Where you make a booking directly with us, communications from us will be sent to the email address you provided at the time of booking.
3.3.2 Where a booking is made through a travel agent, communications from us and with us must be via the travel agent. The contact details of your travel agent (if any) are on your Booking Form.
3.4 Ways of Paying:
3.4.1 For bookings made over the phone, payments can be made by cheque, cash, debit or credit card. We accept Visa and MasterCard. Subject to applicable laws in the location where payment is collected, payment by credit cards may incur a fee which we will advise you of at time of booking. Please note, should it be necessary to re-present a cheque to our bank which has been returned without being honoured by your bank, a charge will be applied. The invoice and documentation will be sent to the email address you provide on booking or the registered billing address of the card holder.
3.5 Payment of your holiday:
3.5.1 The following payment policies apply to your booking:
|Days prior to departure||Amount due|
|30 days or more||15% of holiday cost|
|15 to 29 days||50% of holiday cost|
|Less than 14 days||Full or balance payment required|
3.5.2 Special payment conditions may apply during peak periods (public holidays, exhibitions and special events, Christmas and New Year, etc.). You will be advised of these before you make your booking and it will be confirmed in your Booking Confirmation.
3.5.3 If, for any reason we cannot confirm your booking, all monies you have paid to us for that booking will be refunded and we shall not have any further liability to you.
3.5.4 If you are unable to pay your final balance by the due date, we reserve the right to treat your booking as cancelled by you, in which case the cancellation conditions as set out in section 5.2 will apply.
3.6 Special Requests:
3.6.1 We will do everything we can to ensure that special requests are met, but cannot make any guarantees for requests like adjacent rooms, specific room numbers or bed types. Although they will be noted on your booking, any failure to meet special requests will not entitle you to compensation or a price reduction.
4 Your Responsibilities – Important Travel Information
4.1 Visiting a Muslim Country during Ramadan:
4.1.1 Ramadan dates can change by a day or two from location to location. Visitors to a Muslim country are advised to respect those fasting by refraining from drinking, eating or smoking in public during daylight hours and to wear modest dress in public areas.
4.1.2 Most hotels and resorts have screened-off private areas for non-Muslims. Some tours, entertainment, bars and facilities may be restricted. In Abu Dhabi, alcohol is not served in bars and restaurants during Ramadan, although drinks can generally be ordered via room service. In Dubai, alcohol can still be served outside of fasting hours, while selected hotels in Oman are able to serve alcohol during the month.
4.2 Passports & Visas:
4.2.1 You must ensure that you and all members of your party have a valid passport in good condition and any necessary visas before travelling. Most destinations require that your passport remains valid for at least six months after your return date. It is also sensible to make a copy of all important travel documents to take with you.
4.2.2 Your specific passport, visa and other immigration requirements are your responsibility, and we request that you confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.
4.2.3 You must ensure that tickets and other travel documents correspond with the booking and that the name of the traveler(s) corresponds with the passport.
4.3 Health Information:
4.3.1 It is recommended that you contact your doctor at least six weeks prior to traveling regarding any overseas health requirements or vaccinations that you may need. Certain countries ban you from possessing certain prescription drugs. Please check with your consulate before you travel.
4.3.2 It is your responsibility to ensure that you are fit to travel and participate in all parts of the services you have booked and undertaken.
4.4 Early Check-in and Late Check-out:
Flight times may result in you arriving early to or departing late from your hotel. If this is the case, we strongly advise you to either book your accommodation room the night before so that you can be assured it is ready on your arrival, or to extend your hotel booking for the night of your departure so you have full use of its facilities until you leave the hotel. Our travel consultants will let you know flight times before you book so you can make suitable arrangements.
4.5 Excursions You Buy Whilst on Holiday:
Excursions or other tours that you may choose to book or pay for whilst you are on holiday are not part of your package holiday provided by us. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.
4.6 Fees Payable Locally:
The country you travel to may require you to pay fees locally. We will advise you before you book and will also state in your Booking Confirmation the fees you may be required to pay locally.
4.7 Travel Insurance:
We strongly recommend that prior to travelling all clients obtain a fully comprehensive policy of travel and medical insurance suitable for your specific requirements. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs.
4.8 Your Behaviour:
If, in our reasonable opinion or the reasonable opinion of the provider of any part of the services you have booked, your behaviour or the behaviour of any member of your party is disruptive, threatening or abusive, causes unnecessary inconvenience or is causing or likely to cause danger, damage, distress or upset, disturbance or annoyance to others or others’ property, we may terminate your travel arrangements without any liability on our part. No refunds will be made and we will not pay any compensation, expenses or costs incurred as a result of the termination.
4.9.1 You are responsible for ensuring the accuracy of the personal details or any other information supplied in respect of yourself and any other person travelling on the booking and for passing on any information regarding the booking or any changes made in relation thereto, to all persons travelling on such booking, including but not limited to information on schedule changes or copies of booking confirmations. We are not responsible for problems that arise due to incorrect communication of personal information or special requirements of any other person travelling on the booking.
4.9.2 If you are booking a holiday on behalf of others you must make sure that the other person(s) travelling will comply with these Conditions.
4.9.3 If your holiday includes a flight, you are also responsible for: (a) notifying us prior to the time of booking of any personal circumstances and need pertaining to a person included in the booking including, without limitation, whether any such person is not self-reliant or is a person with reduced mobility – for example, if you, or a member of your party, have difficulty walking 500 metres; and (b) notifying us at any time from the time of booking until 48 hours prior to the flight’s departure by calling our call centre if any person travelling has ceased to be self-reliant or a person with mobility or if a person previously reported to be with reduced mobility or as not being self-reliant does not longer fall into either category.
4.9.4 The information contained in our brochures and other literature is accurate at the time of publication. Please refer to our website for live information and booking conditions.
5 If You Want to Change or Cancel Your Booking
5.1 If You Want To Change Your Booking:
5.1.1 If you wish to change your travel arrangements in any way, for example your chosen departure date or accommodation, we will do our best to make these changes but it may not always be possible.
5.1.2 Any request for changes must be made in writing from the lead person on your booking or your travel agent. You will be charged an amendment fee in accordance with section 5.3 below. You will also be required to cover any increase to the cost of your holiday or other costs charged by suppliers as a result of your amendment.
5.1.3 Please note that certain travel arrangements may not be changeable after a reservation has been made and any alteration request could incur a cancellation charge of up to 100%. We will advise you at the time of booking whether any of your travel arrangements are non-changeable.
5.2 If You Cancel Your Booking:
5.2.1 You or any member of your party may cancel your travel arrangements at any time for any reason before the start of the package. Written notification from the lead passenger or your travel agent must be sent to our offices.
5.2.2 Since we incur costs in cancelling your travel arrangements, you will be required to pay cancellation charges, which may in some instances be recovered under your policy of insurance. Please refer to Section 5.3 for details on cancellation and amendment fees charged by us which are in addition to the cancellation fee charged by the relevant supplier.
5.2.3 Please note that if you do not cancel your travel arrangements in advance and you do not undertake your holiday you may incur a No-show fee in addition to any other supplier-imposed charges.
5.2.4 Please note that certain travel arrangements may not be cancelled after a reservation has been made and any cancellation could incur a cancellation charge of up to 100%. We will advise you at the time of booking whether any of your travel arrangements are non-cancellable.
5.2.5 If you wish to cancel your booking before the start of your holiday because of unavoidable and extraordinary circumstances occurring at the place of destination or its immediate vicinity and they significantly affect the performance of your holiday or the carriage of passengers to the destination, and we accept that these circumstances exist, you can cancel your booking without incurring any cancellation charge and we will refund all payments made by you. We will not pay you any additional money or compensation.
5.2.6 If you have cancelled your booking, we will refund any payments made to us (after we have deducted any applicable cancellation charges) within 14 days of receiving written notice that you wish to cancel.
5.2.7 Separate cancellation charges may be applicable for certain arrangements (e.g. train journeys, cruises, safaris and rent-a-car) and during peak periods (e.g. public holidays, exhibitions and special events, Christmas and New Year). You will be advised of these at the time of booking.
5.2.8 Charges for amendments or cancellations are calculated from the date we receive your request or notification.
5.3 Cancellation and Amendment Charges:
5.3.1 The processing fees set out below are IN ADDITION to any supplier imposed cancellation, or amendment charges: As we have pointed out above, certain travel arrangements may not be altered or cancelled after a reservation has been made and any alteration or cancellation could incur a charge of up to 100%.
|Refund of Air Tickets||Cancellations before departure: EUR 25.00 per ticket (all cabin classes)
No-show fees: EUR 50.00 per ticket for Economy class, EUR 100 per ticket for Business class and First class. Partially used tickets: No refund
|Reissue or Revalidation||EUR 25 per ticket (all cabin classes) + no-show (if applicable)|
|Amendment of Land Services (Hotel, Transfers, Excursions, Packages, Tours)||EUR 25.00 per booking|
|Refund of Land Services (Hotel, Transfers, Excursions, Packages, Tours)||EUR 50.00 per booking|
5.3.2 Separate cancellation charges may be applicable for certain arrangements (e.g. train journeys, cruises, safaris and rent-a-car) and during peak periods (e.g. public holidays, exhibitions and special events, Christmas and New Year). You will be advised of these at the time of booking.
5.3.3 Charges for amendments or cancellations are calculated from the date we receive your request or notification.
6 If You Want To Transfer Your Booking
6.1 You can transfer your booking to another person provided that: (i) the airline with which you fly and/or the hotel you will be staying at accepts transfers of bookings, and (ii) you give us at least seven (7) days’ notice before departure and the person you propose to transfer your booking to satisfy all the conditions applicable to the Contract.
6.2 When you request to transfer your booking we will notify you of the fees, charges and/or cost for making the transfer. You and the person you propose to transfer your booking to will be jointly and severally liable for the payment of the fees, charges and costs of making the transfer as well as the payment of the remaining balance for the holiday.
6.3 The person you transfer your booking to will be subject to these Conditions and the Contract.
7 If We Change Your Booking
7.1 Changes To Price:
7.1.1 We reserve the right to change the price of your holiday after confirming your booking if the cost to us for fulfilling your booking increases or decreases as a direct consequence of changes in:
- the price of the carriage of passengers resulting from the cost of fuel or other power sources;
- the level of taxes or fees on the travel services included in your booking imposed by third parties not directly involved in the performance of the booking, including but not limited to, tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; or
- the exchange rates relevant to the booking.
7.1.2 We will not make any changes to the price of your booking within 20 days of the start of your holiday.
7.1.3 In the event of a price decrease in terms of section 7.1.1., we will deduct from any refund owing to you the administrative cost of making the price reduction. Please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your holiday due to contractual and other protection we have put in place.
7.1.4 If we propose to increase the price of your holiday in accordance with this section by more than 8% you will be entitled to the rights set out in section 7.3 below.
7.2 Other changes:
It is unlikely that we will need to make any change to your travel arrangements but sometimes circumstances change and alterations have to be made. We reserve the right to change your booking at any time, which you will be informed of prior to us making any such changes and alterations.
7.3 Your Rights Where We Have Made A Significant Change:
7.3.1 If we make a significant change to one of the main characteristics of your holiday, including a change to any special requirement requested by you, we will inform you as soon as reasonably possible if there is time before your departure.
7.3.2 By way of example, the following do not constitute significant changes to your booking: alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same or higher standard, changes of carriers.
7.3.3If we notify you that we need to alter significantly any of the main characteristics of the travel services making up your booking, you will have the choice to:
(i) accept the change to your booking; or
(ii) cancel your current booking without having to pay any cancellation fees.
7.3.4You must tell us your choice within seven (7) days of being informed of the significant change we are making, or if your departure is less than seven (7) days from receiving the notification, you must tell us as soon as possible. If we do not receive notification of your choice, you are deemed to have accepted the change to your booking.
7.3.5When we notify you of the significant change to your booking we will let you know the impact of the change on the price of your holiday. If the significant change results in a holiday of a lower quality or cost we will give you a price reduction.
7.3.6If you choose to cancel your booking, we will try to offer you a substitute holiday if possible of an equivalent or higher quality. We will let you know the price of the proposed substitute holiday at the same time. If the substitute holiday being offered is of a lower quality or cost we will give you a price reduction.
7.3.7If you choose to cancel your booking and not accept a substitute holiday, we will:
(i) refund any payments made by you within 14 days of being notified of your decision; and
- where we are required to do so by applicable law, offer you compensation for any damage suffered as a result.
22.214.171.124 We will not pay compensation under Section 7.3.7(ii) where we proposed to make the significant change because of:
- circumstances attributable to you;
- circumstances attributable to a third party unconnected with the provision of the services included in the booking which were unforeseeable or unavoidable; or
- unavoidable and extraordinary circumstances.
8 If We Cancel Your Booking
8.1 It is unlikely we will have to cancel your booking but sometimes circumstances change such that we have to cancel your booking. We reserve the right to cancel your booking and we will refund your payments within 14 days of notifying you of the cancellation.
8.2 We will not be liable to pay additional compensation for the cancellation if we cancel your booking in the following circumstances:
8.2.1The number of persons enrolled for the holiday is smaller than the minimum number required as stated in your booking. In these circumstances we will notify you: at least 20 days before your holiday where your holiday lasts more than six (6) days; at least seven (7) days before your holiday where your holidays lasts between two (2) and six (6) days; and at least 48 hours before the start of your holidays where your holidays lasts less than two days.
8.2.2We are prevented from fulfilling your booking because of unavoidable and extraordinary circumstances, including but not limited to: war or threat of war, riot or civil disturbance, political unrest, terrorist activity or threatened terrorist activity, industrial disputes or threatened industrial disputes, strikes, fire, floods and other natural disasters, nuclear disasters, adverse weather conditions, acts of God, acts of government, closure of airports, failure of a carrier, a hotelier or other person to operate services for any reason. If this happens we will notify you as soon as possible before the start of your holiday.
8.3 Following cancellation, where practicable we will try to offer you a comparative alternative holiday.
9 If Problems Arise During Your Holiday
9.1 If You Have A Complaint Whilst On Holiday:
9.1.1 We are committed to offering our valued customers the highest standard of product and consistent service delivery. You must inform us and the supplier of the concerned service (e.g. the hotel) immediately of any failure to perform or improper performance of the travel services included in your booking. Our Contact details are included in your Booking Confirmation.
9.1.2 If any of the travel services included in your booking are not performed in accordance with the Contract, or are improperly performed, by us or the travel service suppliers, and this has affected the enjoyment of your travel arrangements, you may be entitled to an appropriate price reduction and/or compensation in accordance with section 9.3 below.
9.1.3 Where the travel services forming part of your booking are being supplied by carriers, providers of accommodation, car rental companies, catering and other parties, these businesses should follow local applicable standards in performing their services. However, please note some overseas safety standards are generally lower than what can be expected in Europe.
9.1.4 If the problem with your holiday is not resolved to your satisfaction whilst you are on holiday any further complaint should be made to us no later than 30 days after your return from holiday, in writing: Level 17, Portomaso Business Towers Portomaso Avenue, Portomaso, St Julian’s, Malta or by email: email@example.com. If you booked your holiday through a travel agent, you should address your complaint to your travel agent. Please provide as much information as possible, including your booking reference and holiday dates where applicable.
9.1.5 If you fail to follow this procedure, we will have been deprived of the opportunity to investigate and rectify your complaint during your holiday and this may affect your rights under this contract.
9.1.6 It is strongly recommended that you communicate any complaint to the supplier of the services in question as well as to our local representative/agent without delay and complete any available report form whilst in resort.
9.2 How We Will Handle Your Compliant:
9.2.1 We are responsible for the proper performance of all the services included in your booking. We will not accept responsibility for services or facilities which do not form part of our Contract with you, such as any excursion you book whilst you are away, or any service or facility which your hotel or other supplier agrees to provide to you. Such arrangements do not form part of your pre-booked holiday arrangement with us. We have no involvement in such activities or excursions and they are not run, supervised or controlled in any way by us. They are provided by local operators and other providers who are completely independent from us and in relation to whom we have no liability.
9.2.2 Where you have immediately informed us that your holiday has not be performed in accordance with your booking, we will try to remedy the lack of conformity unless it is impossible to do so, or it would, in our opinion, entail disproportionate costs taking into account the extent of the lack of conformity and the value of the travel services affected.
9.2.3 Where a significant proportion of the travel services included in your booking cannot be provided as agreed, where possible we will, at no extra cost to you, offer suitable alternative arrangements which are of an equivalent or higher quality than those specified in your booking. Where the proposed alternative arrangements are not comparable to those in your booking we will offer you an appropriate price reduction. You must accept the proposed alternative arrangement, unless they are not comparable to those in your booking and the price reduction we offer is inadequate.
9.2.4 Where there is a lack of conformity which substantially affects the performance of your holiday and we have failed to remedy it within a reasonable period of time, you may terminate the Contract without having to pay a termination fee. In these circumstances you may also be entitled to receive compensation for damages and/or a price reduction in accordance with section 9.3.
9.2.5 If your holiday includes carriage, and you have rejected the proposed alternative arrangement under section 9.2.4 or terminated the Contract under section 9.2.5 you will also be entitled to be repatriated by equivalent transport at no extra cost.
9.3 Your Right To Receive Compensation and/or a Price Reduction:
9.3.1 You may be entitled to receive compensation in accordance with this section 9.3 and/or a price reduction if:
(i) you have rejected the proposed alternative arrangements we have offered because they are not comparable to those in your booking and the price reduction we offered is inadequate; or
- we did not remedy the lack of conformity because it was impossible to do so or would have entailed disproportionate costs; or
- you terminated the Contract under section 9.2.5 above.
9.3.2 You will have no right to receive a price reduction where the lack of conformity was due to you.
9.3.3 You will not be entitled to receive compensation for the damage you have suffered as a result of the lack of conformity if the lack of conformity is:
- attributable to you;
- attributable to a third party unconnected with the provision of the travel services included in your booking and was unforeseeable and unavoidable; or
- due to unavoidable and extraordinary circumstances.
9.3.4 Air, sea, rail and road transport is subject to various International Conventions that limit the liability of the carriers. International Conventions which may apply include, without limitation: in respect of international air travel, the Warsaw Convention 1929 (as amended) or the Montreal Convention 1999; in respect of rail travel, the Berne Convention 1961; in respect of carriage by sea, the Athens Convention 1974; in respect of carriage by road, the Geneva Convention 1973; and in respect of hotels, the Paris Convention 1962. The carriage by air of passengers and their baggage is in addition subject to the conditions of carriage of the carrier concerned. Where any claim or part of any claim (including for death or personal injury) concerns or is based on any of such travel arrangements (including the process of getting on and/or off the transport concerned where applicable) provided by any air, rail or road carrier, or by any hotel-keeper, the maximum amount of compensation to which you may be entitled from us and/or the carrier will be limited by the applicable International Convention. We are to be regarded as having the benefit of any limitation or exclusion of liability available under these International Conventions and any other applicable law.
9.3.5 If it is impossible to ensure your return as scheduled due to unavoidable and extraordinary circumstances, we will bear the cost of necessary accommodation, if possible of equivalent category, for a maximum of three (3) nights. This limit does not apply to persons with reduced mobility and any person accompanying them, pregnant women and unaccompanied minors, or persons in need of specific medical assistance, provided that you have notified us of these needs at least 48 hours before the start of your holiday.
9.4 Liability of service providers:
9.4.1 Where the travel services forming part of your booking are being supplied by carriers, providers of accommodation, car rental companies, catering and other parties who have their own booking conditions, conditions of carriage and terms of business over which we may have no direct control. Their booking conditions may strictly limit the circumstances in which compensation is payable to you by them and you agree to be bound by their booking conditions. Such booking conditions are available from us upon request.
9.4.2 Our liability will also be limited in accordance with and/or in an identical manner to the contractual terms of the companies that provide the travel services that make up your holiday. These terms are incorporated in your Contract.
9.4.3 Under Regulation (EC) 261/2004 you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights and downgrading. Full details will be publicized at EU airports and available from airlines. However, reimbursement in such cases will not automatically entitle you to a refund of your holiday cost from us. Your right to a refund and/or compensation from us is set out in these Conditions. If payment to you is due from us, any payment made to you by the airline or any other service provider will be deducted.
9.5 If you require assistance whilst on holiday:
9.5.1 If during your holiday you require information on health services, local authorities or consular assistance, we will help provide this information. Please note that we may charge a fee for providing this assistance, which, if applicable, will be advised at the time assistance is requested.
9.5.2 If during your holiday you require assistance making distance communications or making alternative travel arrangements, we will try to assist you. Please note that we may charge a fee for providing this assistance, which, if applicable, will be advised at the time assistance is requested.
9.5.3 Please note that we shall only be able to charge a reasonable fee for such assistance if the difficulty is caused intentionally by yourself or through your negligence. That fee shall not in any event exceed the actual costs incurred by us.
10 Financial Protection for your Holiday
If you booked in Malta, a Package within the meaning of the Directive, we have in place financial protection with the Insolvency Fund to refund all payments made by you for services forming part of the booking which have not been performed as a consequence of our insolvency. If your booking includes carriage, this protection will also cover the cost of your repatriation after you have gone on holiday. The Insolvency Fund is regulated by the Insolvency Fund Managing Board in Malta. Please visit https://www.mta.com.mt/en/insolvency-fund for more information on what this means for you and who to contact in the unlikely event of our insolvency.