The aim of ROCS Travel and/or Charichelon Company Limited of Mellieha & Floriana, the owner of the trade name and trade mark Directions (hereinafter referred to as the ‘Company’) is to ensure client satisfaction through customers enjoying their Holiday and returning convinced that they have been given good value for money. The following Agreement has been drafted with the intention of ensuring that the Company’s relationship with the customer is clear and fair to both parties as well as outlining the rights and obligations of the respective parties.
The term “Holiday’ or ‘Holidays’ in this Agreement means any means of transportation and/or accommodation and/or any excursion booked by a customer through the Company or through another travel agent selling or offering for sale any means of transportation and/or accommodation and/or excursion under an agreement with the Company.
The terms and conditions laid down in this Agreement come into force from the time of the booking.
Once the booking form has been completed and signed and the relative deposit paid (a minimum of € 150 per person per Holiday or such higher amount as may be established by the Company; kindly confirm exact amount of deposit with the Company’s representatives) and in the case of confirmation of a flight or cruise ticket or voucher or accommodation full payment in respect of the item to be confirmed received, with a receipt being issued by the Company or your travel agent, the booking is deemed to have been confirmed and the customer/s warrants that he/she has read, fully understood and accepted the following terms and conditions. The booking is also deemed to have been confirmed in respect of all parties travelling in the booking customer’s company. At this stage, the Company shall make all the necessary arrangements for the Holiday to be reserved.
Prices may vary from time to time according to availability. Both the Company and the customer/s agree and acknowledge that at the time of the booking the actual price of the chosen Holiday may have varied from the price quoted in the brochure/information sheet, in which case, the price will vary accordingly. Once the booking has been made and deposit paid, the cost of the customer/s Holiday cannot be revised except in the case of currency exchange rate fluctuations and / or variation of dues, taxes and/or levies and / or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports and / or transport cost variations, including the cost of fuel.
A service charge of 3% of the cost of the Holiday will be levied and such amount will be included in the final invoice together with the taxes.
Prices for children are applicable for children under 12 years of age when sharing with two adults.
3. Standards Assurance and Assumption of Liability
The information and descriptions contained in the brochure/information sheet are based on information provided by hoteliers and other service providers themselves. Hotel rooms and ship cabins are always small, sometimes even very small. Charichelon Co. Ltd works with hotels having single or twin / double bedded rooms. Triple or quadruple bedded rooms are never available. A third or fourth person wanting to share a twin / double bedded room, will most probably be either given a small extra folding ‘camp’ bed or a bunk bed or sofa bed, which will make accommodation quite uncomfortable. In America, three or four persons wanting to share a room will invariably be given just two matrimonial beds, (separate beds for each person are not available). When two persons book a room for two, the Company reserves the right to provide either two separate beds, or a large matrimonial bed. All rooms provided are not air-conditioned and fans will not be provided, unless otherwise expressly and clearly specified on the brochure/information sheet. Breakfast is only provided when specified and when provided is always continental unless otherwise expressly and clearly specified. Lunches and dinners are invariably served on a three-course basis. No choice of food will be provided; neither can changes be accepted (e.g. having fish instead of meat). Portions served are moderate in size. When buffet meals are provided a choice is available. Drinks, including water during meals, are always to be paid extra. Use of items from the mini-bar and telephone calls are chargeable to the customer. Local charges to the customer may also apply in relation to a TV in the room and safekeeping services, but kindly confirm at hotel reception. Unless otherwise clearly and expressly specified, all entrance fees to museums and shows, boat, metro or cable car trips are always subject to an extra charge. All optional excursions are subject to an extra charge and unless clearly and expressly specified only include transportation costs by coach, any entrance fees are subject to an extra charge and exclusive of any local guides’ fees. For convenience, prices are clearly marked in the brochure/information sheet. The Holiday price only includes those items listed as included in the price. It is important to bear in mind that brochures and information sheets are printed months in advance and the situation may arise where an advertised facility, service, excursion or entertainment is not available during the customer’s particular Holiday. For instance the seasonal nature of the facility, service, excursion or entertainment, bad weather, natural calamity or any other act of God, essential maintenance or cleaning, legislation or enactment of new legislation, or religious or state restrictions may affect the actual availability of particular facilities, services, excursions or entertainment. Similarly, itineraries may have to be changed sometimes at short notice, due to weather, road or traffic conditions, mechanical breakdowns, police activity as well as any other circumstances beyond the relevant party’s control. Coaches or other means of transport used are not air-conditioned and do not have onboard toilet facilities, unless expressly and clearly specified in the brochure/information sheet. Swimming pools may only be operational during the summer months, and if still open in the winter months, may only be heated in colder weather at the discretion of the hotelier. The general standard of hygiene, public utilities, drainage, plumbing and services in general may not be of the same standards as applicable in Malta. Each group tour organized by the Company will be accompanied by either a Maltese or English speaking tour leader who will be responsible for the implementation of the programme. The tour leader, except in the case of an emergency, is under no circumstance responsible for carrying out work over and above the official programme and is not obliged to accompany members of the group tour organized by the Company around shops, flea markets or theme parks.
Cruise companies reserve the right to change the itinerary due to bad weather or industrial action, in which case neither the cruise company nor Charichelon Co. Ltd. are liable to pay any form of compensation or damages for the missed ports or the change of programme or itinerary.
Even though such occurrences are unlikely, the Company feels that it should act diligently towards its customers by informing them of such possibilities accordingly. Whilst the Company has taken all reasonable steps to ensure that proper arrangements have been made for the Holidays promoted in the brochure/information sheet, the Company has no control over the provision of services to the customer/s by other supplier/s.
4. Change of Holiday Arrangements
(a) Prior to departure date
It is the aim of the Company to promote Holidays, which ensure customer satisfaction. Although unlikely, circumstances may require the Company to alter the customer’s Holiday arrangements and the Company reserves the right to make such alterations at any time. For instance, flight timings may change or be revised, hotels may be overbooked or close down or the Holiday itinerary may have to be changed. If any changes have to be made, the Company will inform the customer/s or his/her travel agent as soon as is reasonably possible prior to departure.
Where the Company is constrained prior to departure to alter significantly an essential term of the agreement with the customer, it will notify the customer as quickly as possible in order to enable him/her to take the appropriate decisions and in particular to withdraw from the agreement without penalty or to accept a provision in the agreement specifying the alterations made and their impact on the price, if any. Of his part, the customer will inform the Company and his chosen travel agent, if any, of his/her decision as soon as possible.
(b) Throughout duration of Holiday
Occasionally, due to unforeseen circumstances a hotel or some other Holiday arrangement/s may have to be changed throughout the duration of the customer’s Holiday, in which eventuality the Company will use its best endeavours to maintain the overall standard of the Holiday arrangements.
5. Cancellation of Holiday Arrangements
The Company may occasionally have to cancel the customer’s Holiday arrangements, for various reasons, including but not limited to the minimum number of persons required for a particular Holiday to take place not being reached (the minimum number of persons to operate a tour is 30; for group departures a minimum number of 10 adult customers is required). The Company reserves the right to cancel the customer’s Holiday under any circumstance, in which eventuality, the Company will refund all the money paid by the customer/s to the Company or offer the customer/s the possibility to purchase an alternative Holiday of comparable standard, if available. The Company shall where possible, inform customers of such cancellation in writing at least 14 days before the scheduled departure date.
In the remote event that the customer’s Holiday has to be cancelled, unless for reasons beyond the control of the Company, the customer’s travel agent or other supplier of services the consequences of which could not have been avoided even if due care had been exercised, including but not limited to industrial action, natural disasters, terrorist activities, breakdown of means of transportation and further except in the case of a cancellation of a Holiday due to the minimum number of persons required for that particular Holiday to take place not being reached and where the customer is informed in writing within 14 days before the scheduled departure date, the Company will refund to the customer/s all money paid to the Company by the customer/s together with the following amounts per person due by way of compensation:-
14 days before departure or more – nil
8 – 13 days before departure – € 25
0 – 7 days before departure – € 50
Where the customer withdraws from the agreement pursuant to the Company being constrained prior to departure to alter significantly an essential term of the agreement or where the Company for any reason other than the fault of the customer, cancels the Holiday prior to the agreed date of departure, the customer is entitled:
(i) to take a substitute Holiday of equivalent or superior quality if the Company is able to offer him/her such a substitute and pay any difference in price; or
(ii) to take a substitute Holiday of lower quality if the Company is able to offer such a replacement and to recover from the Company the difference in price between that of the Holiday purchased and the replacement Holiday; or
(iii) to have repaid to him/her as soon as possible all the monies paid to the Company under the agreement.
6. Your Flight & Vouchers
Details of airlines the Company anticipates utilizing are set out in the brochure or information sheet. The Company reserves the right to make arrangements and substitute for alternative airlines and/or aircraft if necessary. Flight timings are subject to alteration and confirmation. The Company’s reservation system will provide the latest timings as advised to it. The customer/s is kindly requested to check his/her flight tickets upon receipt, as they will indicate the final timing for his/her flight. Certain flights may be subject to intermediate stops en route and as the circumstances giving rise to such intermediate stops are not always notified to the Company prior to the departure date, the Company is not always in a position to inform the customer/s in advance. All flights are non-smoking. Flights are subject to the necessary authorizations, permits and licenses being granted by the relevant authorities in Malta and overseas. Should the customer’s flight arrangements be changed or cancelled as provided in this clause or clauses 4 or 5 of this Agreement, the Company shall not be held liable for any damages, additional costs or consequential loss arising, directly or indirectly, from any independent contract arrangements between the customer and any third party.
The customer is also requested to check his/her hotel vouchers, excursion vouchers and/or any other vouchers relating in any manner to the Holiday upon receipt.
7. Terms and Conditions of Carriage
Transport of any kind is subject to the terms and conditions of carriage of the company providing that trip or journey. Such terms and conditions are likely to particularly include or make reference to the provisions of the law of the country of the carrier (airline, coach, ship etc.) and/or be the subject of international conventions with government/s, any of which may exclude or limit the liability of the carrier.
8. Health and Vaccinations
Health facilities, hygiene and disease risk vary worldwide. The customer should take health advice about his/her specific needs as early as possible and ensure that vaccinations and preventive measures, such as malaria tablets, are taken early enough prior to departure in order to be fully effective by departure date. We strongly advise customers to consult their family doctor as early as possible.
9. Booking Form and Deposits
The customers’ booking form specifying all the customers’ names as set out in their passports, must be accompanied by the appropriate deposit. No deposit is payable for infants under two years of age at the time of outbound travel. The person signing the booking form confirms that he/she has the authority of all other persons specified in the booking form to effect the booking on their behalf and that such persons grant their authority to the said booking customer to sign the said booking form and accept and agree to this Agreement on their behalf. The person effecting the booking is also accepting this Agreement on his/her own behalf. If the customer/s is booking a late-offer Holiday any information as well as any terms and conditions relative to such offer form an integral part of the customer’s agreement. Should the customer/s require any clarifications, he/she may contact the Company or his/her travel agent for assistance.
10. Balance of Price
The balance of price is due for payment in full not less than 8 weeks prior to departure (can be earlier for certain Holidays, ask at time of booking). If the customer’s travel agent fails to pay the Company the amount due on the customer’s Holiday in full (less the applicable commission) by the due date, the Company shall be under no legal obligation to supply the customer with his/her Holiday, so it is up to the customer to ensure that his/her travel agent pays the Company. If for any reason the balance on the customer’s Holiday is not received by the Company by the due date, the Company reserves the right to cancel the booking and levy a cancellation charge, as though there had been a cancellation on the part of the customer/s.
Payments by credit card are not accepted. No payments by cheque shall be accepted less than 14 days before the scheduled departure date.
11. Change of Booking
Should the customer wish to change his/her Holiday arrangements in any manner, the Company shall attempt to accommodate the customer’s wishes. However, in such circumstances, the Company shall not be held liable in any manner for failing in any way to accommodate the customer’s particular wishes. A handling fee will be charged by the Company for any change to a booking within 6 weeks prior to the departure date apart from the Company’s unconditional right to pass on to the customer any costs incurred which are additional to the standard handling fee chargeable in terms of this clause. Where the price varies according to the number of persons booked into the accommodation and the number of persons requires amendment, the price will be varied in order to reflect the amended party size as specified in the relevant brochure/information sheet. Any increase in the price per person payable as a result of a part cancellation (e.g. for a hotel room under-occupancy- changing from twin room to single room) is not tantamount to a cancellation charge. A separate cancellation charge will be levied in respect of bookings cancelled, in accordance with clause 13 below.
12. Transfer of Booking
Where the customer is prevented from proceeding with the Holiday, the customer may in certain circumstances, transfer his/her booking to a person (as transferee) who satisfies all the conditions applicable to the Holiday, provided that the Company is given at least 14 days notice prior to the scheduled departure date, of the customer’s intention to transfer the booking. An administrative charge of € 50 per person will be charged for every transfer of booking the Company makes. In the case of cruises, the administrative charge for every transfer of booking made by the Company is of € 175 per person.
The Company shall also charge the customer for any extra costs caused by the transfer of booking. In some cases, airlines or cruise liners may refuse to allow customers to transfer their bookings. Regrettably, in these circumstances, the customer cannot transfer his/her booking.
If the customer transfers his/her booking to someone else, the transferee must purchase separate insurance cover.
When a booking is transferred, the transferor and transferee shall be jointly and severally liable for the payment of the price of the Holiday or, if the price has been partly paid, for payment of the balance, and for any additional costs and expenses arising from such transfer.
13. Cancellation of Booking
A cancellation shall only be accepted in writing from the person who signed the booking form or in writing from the customer’s travel agent through whom the booking was made. The cancellation shall be effective from the date it is received at the Company’s offices. In the event of a cancellation either in respect of one or all persons named on the booking form, the Company’s scale of cancellation charges will be levied, which charges are based on the estimated expenses and losses suffered by the Company consequent to such cancellation/s. The scale of cancellation charges follows for the customer’s reference: -
Period prior to scheduled departure date within which written notification of cancellation must be received by the Company Amount of cancellation charge as a % of the total price of Holiday inclusive of extras but exclusive of insurance premia
61 days or more *Deposit
29 –60 days 25%
15 – 28 days 50%
7 – 14 days 75%
6 days or less or after departure date 100%
* or applicable deposit amount per person of two years of age and over, whichever is the higher.
Cruises bear a 100% cancellation fee if cancelled less than 100 days prior to the scheduled departure date. If cruises are cancelled between 101 days and 120 days prior to the scheduled departure date, only the deposit is lost. If the cancellation of a cruise is made more than 120 days before the scheduled departure date, no cancellation fees apply.
In respect of scheduled services and charter flights, sea passages and coach transportation, the scale of cancellation charges set out above applies only in the event that any air/sea/coach/rail tickets issued are returned to the Company, otherwise a 100% cancellation charge as prescribed in the above table would be applicable in any circumstances. The customer should note that if the cancellation falls within the terms of his/her insurance cover, he/she may be able to claim a refund of his/her cancellation charges from his/her insurance company.
14. Travel Insurance
It is highly recommended that customers take out the travel insurance policy recommended by the Company for themselves and for those other persons for whom booking customers have booked, or that they arrange for an insurance policy themselves giving comparable or better cover under all sections.
15. The Customer’s Responsibilities
It is the responsibility of the customer who effected the booking to verify and ensure that himself/herself and the person/s on whose behalf he/she is effecting a booking are
(a) in possession of valid passports (which are valid for at least 6 months after the customer’s scheduled date of return to Malta) and any appropriate visas. Additionally it is the customers responsibility to check that all names and surnames printed on ANY travel document be it airline / hotel / cruise / transfer etc... matches perfectly the name and surname as listed on the respective pssport. The company shall NOT be responsible for any denied boarding / missed connection which the client may experience as a direct result of disprepencies between the name and surname as listed on the passport and the name and surname ans listed on ANY travel document issued by the company be it airline / hotel / cruise / transfer etc...
(b) to make sure that they check passport and visa requirements as well as health formalities with the competent authorities well in advance of their scheduled departure.
(c) responsible for any charges, fines, damages and any other claims and liability that may be levied or put forward by any Maltese or foreign authority or entity for non-compliance with the laws and/or regulations in the relevant area and any such amounts will be recharged to the customer.
Additionally it is the customer’s responsibility to check all itinerary routing prior to travel especially in the case of routing restrictions which are a direct result of international geo political realities and / or sanctions.
It is the customer’s responsibility to verify with his/her doctor as to what vaccinations and inoculations are advisable for the chosen destination.
Airline regulations state that women twenty-eight weeks or more into pregnancy at the time of return travel must have a medical certificate revealing fitness to travel.
The booking customer shall ensure and be responsible for a reasonable standard of behaviour by himself/herself and by those persons for whom he/she has booked. The Company reserves the right to decline to accept or retain any person/s as a customer/s if his/her behaviour is, in the Company’s opinion or in the opinion of the airline pilot, hotelier or accommodation proprietor or manager or other person in authority, likely to cause distress, danger, damage or annoyance to other customers, employees, other people or to property. The customer fully and unconditionally understands and agrees that the Company in such circumstances shall not be held liable in any manner, including but not limited to liability to pay any refund, costs, compensation or damages incurred by any person whose behaviour is accordingly deemed to be unacceptable.
Any and all children travelling on a reduced price Holiday must be less than 12 years of age at the date of travel. The Company does not normally check passports to verify the dates of birth of a customer, including children. Should a customer booked as a child result to be twelve years or older on the date of travel, he/she will not be permitted to board the plane/ship/catamaran.
16. Particular Customers & Circumstances
Customers with special needs are welcome by the Company provided they are accompanied by an able-bodied companion and do not require special assistance from the Company’s personnel or representatives. The Company reserves the right to refuse to accept anyone as a customer if it is felt by the Company that the individual cannot cope with the requirements of the particular tour organized by it and/or who may require services or facilities that the Company cannot guarantee will be available. The Company does not feel that it is possible for it to provide the level of assistance required by a customer with special needs whilst on a tour organized by it without compromising its commitment to other individuals on the tour.
Customers are kindly advised to inform the Company before booking if they have any disability or pre-existing medical condition and the Company will be happy to advise them accordingly.
Whilst the Company welcomes customers of 70 years and over, it is a requirement of insurance companies, that prior to departure they receive a letter from such persons’ doctors confirming that such persons are fit and well enough to go on the chosen Holiday. We regret that we can only accept customers of 80 years and over, if they are accompanied by a younger and fit person whilst on Holiday.
IMPORTANT – PLEASE READ CAREFULLY:
This booking order constitutes an agreement between ROCS Travel and/or Charichelon Company Limited and/or Directions Travel Agency and the client for all intents and purposes of the law. The cancellation policy clauses included within this booking order shall not apply in the case of instant purchase air tickets. In such cases, the full fare is payable at the time of the booking and in non-refundable irrespective of whether the said tickets at utilized or not.
The Company will do its utmost to ensure that its customers have an enjoyable Holiday. However, should the customer have any difficulty or complaint relating to the overseas part of his/her Holiday, the customer must at the earliest opportunity notify in writing or other appropriate form the supplier of the goods or services concerned at the place where the goods or services were supplied and the Company’s tour leader or representative or agent in the particular place outside Malta or the Company in order for the matter to be investigated and seen to as soon as possible. Moreover, the customer must notify the Company in writing, of the complaint within 7 days of the date of his/her return from the Holiday. This because of the difficulties of investigating a complaint long after the event. The Company shall not accept any liability in respect of claims received by it in writing after the aforementioned 7 day period and/or which have not been reported as aforesaid to the supplier of the goods or services concerned and the Company’s tour leader or representative or agent in the particular place outside Malta or the Company at the earliest opportunity.
18. Schedules, Attachments, Applicable Law and Jurisdiction
Any schedules and attachments to this Agreement shall form an integral part thereof and shall be read, construed, understood and applicable as one document. This Agreement shall be interpreted and construed in accordance with Maltese Law and the Maltese Courts/Tribunals shall have exclusive jurisdiction over any claim or dispute under this Agreement.
Apart from the customer making the booking, any and all persons in respect of whom and on whose behalf the customer making the booking has effected a booking in respect of a Holiday, shall also be considered to be customers and all the clauses in this Agreement, including any schedules and attachments thereto shall be applicable in the same manner and to the same extent in respect thereof as they are applicable in respect of the customer who effected the booking.