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YOUR CONTRACT IS WITH MALTA BARGAINS LIMITED, A MEMBER OF ABTA. 1. Your When you make a booking you guarantee that you have the
authority to accept and do accept on behalf of your party the terms of these
booking conditions. A contract will exist as soon as we issue our
confirmation invoice. This contract is made on the terms of these booking
conditions which are governed by English Law and we both agree to submit to
the jurisdiction of the English Courts, who have non-exclusive jurisdiction.
Where clients reside in 2. Your Financial Protection We are a member of ABTA and ETOA. We also hold an ATOL License (No 2077) with the Civil Aviation Authority, which provides for your protection in the event of our insolvency. 3. Your When you make your booking you must pay a deposit of £50.00 per person. The balance of the price of your travel arrangements must be paid at least 8 weeks before your departure date. If the deposit and/or balance is not paid in time, we shall cancel your travel arrangements. If the balance is not paid in time we shall retain your deposit. All monies you pay to the travel agent are held by him on our behalf at all times. The price of your travel arrangements is fully guaranteed and will not be subject to any surcharges. 4. If You Change Your Booking If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way, for example your chosen departure date or accommodation, we will do our utmost to make these changes but it may not always be possible. Any request for changes to be made must be in writing from the person who made the booking or your travel agent. You will be asked to pay an administration charge of (£10, and any further cost we incur in making this alteration. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Note: Certain travel arrangements (e.g. Apex Tickets) cannot be changed after a reservation has been made and any alteration request will incur a 100% cancellation charge. 5. If You Cancel Your You, or any member of your party, may cancel your travel arrangements at any time. Written notification from the person who made the booking or your travel agent on your behalf must be received at our offices. Since we incur costs in canceling your travel arrangements, you will have to pay the applicable cancellation charges up to the maximum shown in clause 6. Note: If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges. 6. If We Change or Cancel Your It is unlikely that we will have to make any changes to your travel arrangements, but we do plan the arrangements many months in advance. Occasionally, we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you or your travel agent of them at the earliest possible date. We also reserve the right in any circumstances to cancel your travel arrangements. For example, if the minimum number of clients required for a particular travel arrangement is not reached, we may have to cancel it. However, we will not cancel your travel arrangements less 8 weeks before your departure date, except for reasons of force majeure or failure by you to pay the final balance. We reserve the right to make stops in other airports to pick up passengers. This could delay your journey by less than 90 minutes. Please note that carriers such as Airlines used in the brochure may be subject to change. If we make a change to your holiday, we will inform you or your travel agent as soon as reasonably possible if there is time before your departure. You will be entitled to: a) take an alternative of an equivalent or superior quality (if the supplier is able to offer one) b) take an alternative of an inferior quality, the supplier refunding the difference or c) to receive a full refund In all cases, except where change arises due to reasons of force majeure, or in the case of a change of airline, we will pay compensation as detailed below. The compensation is the minimum that the consumer can expect to receive rather than the maximum and it applies to all changes or cancellations as appropriate in the circumstances.
Force Majeure: This means that we will not pay you compensation for circumstances that are attributable to a third party unconnected with the provision of services contracted for and are unforeseeable or unavoidable; or unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised. 7. If You Have A Complaint If you have a problem during your holiday, please inform the relevant supplier (e.g. your hotelier) and our resort representative immediately who will endeavor to put things right. Our resort representatives are empowered to resolve problems to prevent them spoiling your holiday. In the event of the original accommodation not being in accordance with your expectations then you may select alternative accommodation from within the brochure (subject to availability) and any price difference will be adjusted at the actual time, as we have arranged with all the properties in which we operate to waive the four day cancellation charge that is normally applicable. If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to our Customer Services Department at 3149B, South Terminal, London Gatwick Airport, West Sussex, RH6 0NN, Phone: 08707 780 0108 Fax: 0870 027 1207 giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. It is strongly suggested that you communicate any complaint to the supplier of the services in question as well as to our representative without delay and complete a report form whilst in resort. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract. 8. What Happens To Complaints It is unlikely that you will have a complaint that cannot be settled amicably between us. However, disputes to do with this contract, which cannot be settled amicably, may (if you wish) be referred to Arbitration under a special scheme, which is arranged by the Association of British Travel Agents, but is administered quite independently by the Chartered Institute of Arbitrators. The scheme provides for a simple and inexpensive method of Arbitration on documents alone with restricted liability on you in respect of costs. The scheme does not apply to claims for any amount greater than £1,500 per person or £7,500 per booking form. Also it does not apply to claims, which relate to physical injury or illness. If you choose to proceed to Arbitration under this scheme, you must send a written notice of your decision to ABTA within 9 months after your scheduled date of return. Complaints on baggage: In accordance with the European Union regulations, if the baggage is damaged, delayed, lost or destroyed the passenger must write and complain to the air carrier as soon as possible. In the case of damage to checked baggage, the passenger must write and complain to the air carrier within seven days and in the case of delay within 21 days, in both cases from the date on which the baggage was placed at the passenger’s disposal. Full details of the scheme are available from the Association
of British Travel Agents at 9. Our Liability to You (i) We accept responsibility for ensuring that your travel arrangements, which you book with us, are supplied as described in this brochure. If any part of your travel arrangements is not provided as promised, we will pay you appropriate compensation if this has affected the enjoyment of your travel arrangements. We accept responsibility for the acts and/or omissions of our employees, agents and suppliers except where they lead to death, injury or illness. Our liability in all cases shall be limited to a maximum of 3 the costs of your travel arrangements. (ii) We accept responsibility for death, injury or illness caused by the negligent acts and/or omissions of our employees or agents, our suppliers and sub-contractors, whilst acting within the scope of, or in the course of their employment in the provision of your travel arrangements. We will accordingly pay to you such damages as might have been awarded in such circumstances under English Law. (iii) In respect of travel by air, sea and rail, and the provision of accommodation our liability will be limited in the manner provided by the relevant international convention. You can ask for copies of these international conventions from our offices at 3149B, South Terminal, London Gatwick Airport, West Sussex, RH6 0NN, Phone: 0707 780 0210 Fax: 0870 027 1207 . (iv) We are not financially liable for fragile, perishable or valuable goods such as electronic equipment, jewelry or other articles removed from hand baggage or checked in by airport security staff. 10. Personal Injury Unconnected With Your Booked Travel Arrangements If you, or any member of your party, suffer death, illness or injury whilst overseas arising out of an activity which does not form part of your package travel arrangements or an excursion arranged through us, we shall at our discretion, offer advice, guidance and assistance. Where legal action is contemplated and you want our assistance, you must obtain our written consent prior to commencement of proceedings. Our consent will be given subject to you undertaking to assign any costs, benefits received under any relevant insurance policy to ourselves. It is the responsibility of the passenger to ask for the policy number when purchasing insurance from us at the time of booking. Passengers are to ensure that they are provided with the insurance policy number when effecting payment failure of which will not entitle them to any compensation. We limit the cost of our assistance to you or any member of your party to £5,000.therefore it is is a condition of booking that you took steps to adequately insure yourself which is at least as good as that provided through us that also cover damage of luggage, due to the fact that airports have several conveyor from which luggage drop from one to the other, therefore such damage is beyond our control so we are not responsible for such damage and especially when it is overweight.
11. Conditions of Carriage The Contractual terms of the companies that provide the transportation for your travel arrangements will apply to this contract. These may contain terms which affect your rights to compensation. You may ask for copies of the relevant conditions of carriage from our offices. This brochure is our responsibility, as your tour operator. Please note that in accordance with Air Navigation Orders in order to qualify for infant status, a child must be less than 2 years of age on the date of its return flight the charge for infants is 30 pounds Transportation of battery-operated wheelchairs is restricted
to the type of wheel chair. The battery must be unspillable,
and disconnected. The battery terminals must be insulated for safety reasons,
and the battery has to be attached to the wheelchair. The weight of the
wheelchair including batteries should not exceed 32 Kilograms. At
the time of the booking, this condition must be stated; failure to do so will
result in the refusal of carriage. |
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