These Booking Conditions, together with our Privacy Policy and where your experience is booked via our website, our Website Terms of Use, together with any other written information (including, without limitation, any behaviour policy/policies) we brought to your attention before we confirmed your booking, form the basis of your contract with Roamy Earth Limited, a company registered in England and Wales with company number: 13054614 and registered office address of First Floor, 5 Fleet Place, London, United Kingdom, EC4M 7RD (“we”, “us”, “our”). Please read them carefully as they set out our respective rights and obligations. In these Booking Conditions references to "you" and "your" include the first named person on the booking (“Lead Passenger”) and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.
By making a booking, the Lead Passenger agrees on behalf of all persons detailed on the booking that:
PLEASE NOTE: We act in the following capacities, as a non- flight Package Organiser in the sale of a Package, and as a Principal in a ‘single service’ booking (i.e. an accommodation only booking).
Our obligations to you will therefore differ depending upon whether you book a Package where we are acting as the Package Organiser (please see clause 16 for further details of where this will be the case), as a Principal in the sale of a single service booking). Our differing obligations are set out below, in the following separate sections:
Section A contains the conditions that will apply to all bookings you make with us;
Section B contains the conditions that will apply when you make a Package booking with us, where we are Package Organiser; and
Section C contains the conditions that will apply where you make a single service booking with us
SECTION A – APPLICABLE TO ALL BOOKINGS
Booking & Paying For Your Arrangements
A booking is made with us when you pay us a deposit, full payment or your first payment plan instalment (or full payment by the balance due date notified to you or if you are otherwise booking within 10 weeks of departure) and we issue you with a booking confirmation.
A binding contract between you and us comes into existence when we despatch the booking confirmation to the Lead Passenger or Name.
Upon receipt, if you believe that any details on your booking confirmation or any other document are wrong you must advise us immediately as changes cannot be made later and it may harm your rights if we are not notified of any inaccuracies in any document within ten days of our sending it out.
Accuracy
We endeavour to ensure that all the information and prices both on our website and in any advertising material that we publish are accurate, however, occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the travel arrangements that you wish to book before you make your booking.
Prices
We reserve the right to amend advertised prices at any time. We also reserve the right to correct errors in both advertised and confirmed prices. Special note: changes and errors sometimes occur. You must check the price of your chosen travel arrangements at the time of booking.
Where you have booked a Package, additional terms and conditions apply, please see clause 16 for further information.
Insurance
Adequate travel insurance is a condition of your contract with us. You must obtain travel insurance and be satisfied that your insurance fully covers all your personal requirements including pre-existing medical conditions (you will need to be satisfied that your insurance policy specifically covers losses occurring, and medical expenses you may incur, as a result of Covid-19), cancellation charges, medical expenses and repatriation in the event of accident or illness.
You must check your policy carefully to ensure that all the details are correct and that all relevant information has been provided by you (e.g. pre-existing medical conditions of all those on whose health your travel arrangements depend). If you do not disclose relevant information your insurance may not be effective.
Events Beyond Our Control
Except where otherwise expressly stated in these Booking Conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by Events Beyond Our Control. For the purpose of these Booking Conditions, this means any event beyond our, or our supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination, epidemics, pandemics (including the ongoing effects of Covid-19), or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including any port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events our or the supplier(s) concerned’s control.
Brexit Implications: please note that certain travel arrangements may be affected as a result of the United Kingdom’s decision to leave the European Union. This could include an unavailability of certain flight routes, access to certain ports and airports etc. Please rest assured that this is something we will continue to monitor and will advise our customers as soon as possible if we become aware of any confirmed bookings that will be affected. However, since this is something which is completely unprecedented and outside our or the Supplier/Principal’s control, any such changes would be treated as Events Beyond Our Control, and whilst we will endeavour to provide suitable alternative arrangements or refunds where possible, we or the Supplier/Principal will not be liable to pay you any compensation.
Special Requests and Preferences
Any special requests or preferences must be advised to us at the time of booking e.g. room location and room preferences, a particular facility at a hotel etc. Whilst every effort will be made by us to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. The fact that a special request or preference has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request or preference will not be a breach of contract on our part unless the request has been specifically confirmed by us. We do not accept bookings that are conditional upon any special request being met.
Please note that special facilities, special assistance and medical requirements (including allergies) are covered in the following clause below.
Accommodation and Transfers
Accommodation:
The accommodation you book will have a window of availability. Details of the arrival date, arrival time, departure date, latest departure time. We may, at our discretion, allow earlier access or late departure upon request but we cannot guarantee this. We have made reasonable efforts to establish the official rating of the accommodation and we have included this at the time of booking to offer you an understanding of the standard you can expect. Standards and rating may vary between countries as well as between suppliers.
Accommodation can only be purchased as part of a package and accommodation purchased without a package may face cancellation at full charges.
All customers will be required to pay an Eco Tourism Tax in Malta, which costs 1EUR-5EUR per person per night, depending on the star rating of the hotel, payment will be required upon check in.
This rate is subject to change but was accurate at the time we wrote the terms and conditions.
All properties are sold for up to a maximum number of people that is listed in the details of each accommodation. Exceeding the maximum number is not permitted and any additional guests will be required to leave with immediate effect and we have the right to terminate your booking immediately. In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other arrangements immediately. Neither we nor the Supplier/Principal will have any further obligations to you and/or your party. No refunds for lost accommodation or any other arrangements will be made and we will not pay any expenses or costs incurred as a result of termination.
Transfer:
All of our packages include a transfer [ private or shuttle depending on the package tier you book].
In order for us to provide your transfer on time, you are required to complete the flight number, arrival date and time via your ‘myeasol.com/bookings’.
It is the lead passenger’s responsibility to ensure we have this information 28 days before the experience starts [ if you are booking within 28 days of travelling, please email hello@maltadreamweekend.com].
The transfer times we give you are rough guide, they do not allow for local traffic conditions or delays to incoming flights. You may have to wait upon arrival at the airport to be transferred to your accommodation.
Private Transfer Customers: You must select one single flight number and time for your airport pickup and return transfer.
You are responsible for informing us of any amendment or delays to your arrival time/flight number by contacting hello@maltadreamweekend.com], our suppliers may class this as a cancellation or amendment to the booking and where that is the case, an extra charge for the new times/flight number may be charged to you in resort.
Failure to provide this information or if you do not present yourself for your inbound transfer, your transfers will be cancelled [ in bound and out bound].
Please note: pets are not permitted and smoking is strictly prohibited in all areas of the accommodation you book with us.
Special Assistance and Medical Problems
We are not a specialist disabled experience company but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical concern, disability or special assistance requirement which may affect the enjoyment of your package experience, please provide us with full details before your booking is confirmed so that we can try to advise you as to the suitability of your chosen travel arrangements. We or the Supplier may require you to produce a doctor’s certificate certifying that you are fit to participate in your chosen experience.
Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges [ in line with the cancellation table in the clause further below] when we become aware of these details.
Visa, Entry, Passport and Health Requirements
It is your responsibility to check and fulfil the entry, passport, visa, health and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure.
Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. For further information contact the Passport Office on 0300 222 0000 or visit https://www.gov.uk/browse/citizenship/passports .
Special conditions apply for travel to the USA, and all passengers must have individual machine readable passports. Please check https://uk.usembassy.gov. For European itineraries you should obtain a completed and issued form European Health Insurance Card EHIC or UK Global Health Insurance Card (GHIC) prior to departure. EHIC provisions have changed and information on the EHIC and GHIC is available at https://www.gov.uk/guidance/uk-residents-visiting-the-eueea-and-switzerland-healthcare,https://www.gov.uk/global-health-insurance-card, https://www.nhs.uk/using-the-nhs/healthcare-abroad/apply-for-a-free-uk-global-health-insurance-card-ghic/, http://www.dh.gov.uk or from your local Department of Health Office. You should check these sites for updates before departure.
A EHIC or GHIC is not a replacement for travel insurance and you are still required to obtain comprehensive travel insurance prior to departure if you have a EHIC or GHIC.
You may apply for an GHIC online at https://www.ghic.org.uk/Internet/startApplication.do and find further information relating to application for the same at https://www.nhs.uk/using-the-nhs/healthcare-abroad/apply-for-a-free-uk-global-health-insurance-card-ghic/ or by phone on 0191 218 1999 or by post to Overseas Healthcare Services, NHS Business Services Authority, Bridge House, 152 Pilgrim Street, Newcastle upon Tyne, NE1 6SN. You can apply for a UK EHIC at https://services.nhsbsa.nhs.uk/cra/start. All applications for EHICs and GHICs are subject to whether or not you are eligible for the same and you can get further information by visiting the above sites or calling the NHS Business Services Authority.
Non British passport holders, including other EU nationals, should obtain up to date advice on entry, passport and visa requirements from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling,
We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any entry, passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any entry, passport, visa, immigration requirements or health formalities.
Please note: The impact of Brexit may change your visa, ticket and health requirements. Third country nationals may require an airport transit visa when passing through EU Member States. There is the potential for disruption at borders when travelling between the UK and EU Member States and you should allow sufficient time for this when planning any onward travel. You should check any impacts of Brexit on your travel, in advance of your departure, to ensure that you fulfil the requirements post-Brexit, including any passport validly requirements. The UK Government passport checker can be found here https://www.gov.uk/check-a-passport-travel-europe.
Foreign, Commonwealth and Development Office Advice
You are responsible for making yourself aware of Foreign, Commonwealth and Development Office (FCDO) advice in regard to the safety of the countries and areas in which you will be travelling and to make your decisions accordingly. Advice from the FCDO to avoid or leave a particular country may constitute an Event Beyond our Control. (See clause 5). The FCDO foreign travel advice can be found here: https://www.gov.uk/foreign-travel-advice. Please inform us if the link does not work.
Your Behaviour
All our customers are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in our opinion, or in the opinion of any hotel manager, accommodation owner, or any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any other customers or any third party, or damage to accommodation, or to cause a delay or diversion to transportation, we reserve the right to terminate your booking immediately. Excessive noise in the accommodation after 10pm and before 7am will be considered as anti-social behaviour and we reserve the right to terminate your booking immediately.
In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other arrangements immediately. Neither we nor the Supplier/Principal will have any further obligations to you and/or your party. No refunds for lost accommodation or any other arrangements will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the hotel manager or other supplier prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you. Neither we nor the Supplier/Principal can be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.
Law and Jurisdiction
These Booking Conditions are governed by English law and we both agree that the courts of England and Wales have exclusive jurisdiction over any dispute, claim or other matter which may arise between us.
Conditions of Suppliers
Many of the services which make up your experience are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.
Third Party Excursions
Excursions or other tours or experiences that you may choose to book or pay for whilst you are in resort are not part of your contracted arrangements with us. For any excursion or other tour or experiences that you book, your contract will be with the operator of the excursion or tour or experiences and not with us. Although we may recommend certain suppliers to you (e.g. car hire, water sport activities), we are not responsible for the provision of the excursion or tour or experiences or for anything that happens during the course of its provision by the operator and it is important for you to ensure that you have any insurance that you may need, especially if partaking in risky or potentially dangerous activities.
Addons and Extras
Any addon or extra you may choose to book after you have confirmed your package experience with us, will not form part of your package experience contracted arrangements with us. All Addon’s and extra’s confirmed via our booking platform are 100% non-refundable and non-transferable.
Chargebacks and claims against Travel Providers
Unless such rights have arisen under section 75 of the Consumer Credit Act 1974, you agree not to issue any chargebacks or otherwise dispute transactions with your payment card issuer against us (“Chargeback”).
Your rights to refunds and other claims shall be governed solely by the terms of these Booking Conditions.
You agree that if you initiate a Chargeback or make a demand for payment from a Supplier/Principal, we shall be entitled to take such steps as we consider reasonable to ensure that you are not paid twice for the same claim. This may include suspending any obligations we may have to pay you under these Booking Conditions (or otherwise) until the Chargeback or claim against the Supplier/Principal has been finally determined and the time limit for any challenge or appeal has expired.
SECTION B: PACKAGE BOOKINGS
This section only applies to Packages booked with us, where we are acting as the Package Organiser (please see clause 16 for further details of when this will be the case). Please read this section in conjunction with Section A of these Booking Conditions.
Definition of a Package
Where your booking is for a Package experience that we have organised, as defined below, we will act as a “Package Organiser” and you will receive the rights and benefits under the Package Travel and Linked Travel Arrangements Regulations 2018 (“PTRs”), as outlined in this Section B of our Booking Terms and Conditions.
A “Package” exists if you book a combination of at least two different types of the following separate travel services, for the purpose of the same trip or experience :
1. transport; or
2. accommodation; or
3. rental of cars, motor vehicles or motorcycles (in certain circumstances); and
4. any other tourist service not intrinsically part of one of the above travel services,
provided that those travel services are purchased together from a single visit to our website and selected by you before you agree to pay; or are advertised, sold or charged at an inclusive or total price; or advertised or sold under the term “package” or a similar term.
IMPORTANT NOTE: where you have made a booking which consists of not more than one type of travel service as listed at (a) – (c) above, combined with one or more tourist services as listed at (d) above, this will not create a Package where the tourist services:
- do not account for 25% of the value of the combination and are not advertised as, and do not otherwise represent, an essential feature of the package; or
- are selected and purchased after the performance of the transport, accommodation or car rental has started.
These bookings will be treated as “Single Service” bookings and will not be afforded the benefit of the rights under the PTRs.
Dream Week End Resort - UNALLOCATED HOTELS
Where you decide to book from one of our un-allocated/named accommodations, you have made this decision knowing that you may be allocated any hotel that falls within the advertised star rating and resort area. Normal cancellation policy and charges to change the booking will apply.
You will be notified of your allocated hotel no later than 2 weeks before your package experience commences. Where you make your booking within 2 weeks before the travel date, we will issue the name of your allocated hotel as soon as reasonably possible.
Pricing of Packages
We reserve the right to amend the price of unsold experiences at any time and correct errors in the prices of confirmed experiences. We also reserve the right to increase the price of confirmed experiences solely to allow for increases which are a direct consequence of changes in:
Such variations could include but are not limited to cruise ship operators and any other transport providers.
You will be charged for the amount of any increase in accordance with this clause. However, if this means that you have to pay an increase of more than 8% of the price of your confirmed experience (excluding any insurance premiums, amendment charges and/or additional services or travel arrangements), you will have the option of accepting a change to another experience if we are able to offer one (if this is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us, except for any amendment charges and/or additional services or travel arrangements. Should you decide to cancel for this reason, you must exercise your right to do so within 7 days from the issue date printed on your final invoice.
Should the price of your experience go down due to the changes mentioned above, then any refund due will be paid to you less an administrative fee of £25. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.
There will be no change made to the price of your confirmed Package experience within 20 days of your departure nor will refunds be paid during this period.
Cutting your Package Experience short
If you are forced to return home early, we cannot refund the cost of any travel arrangements you have not used. If you cut short your experience and return home early in circumstances where you have no reasonable cause for complaint about the standard of accommodation and services provided, we will not offer you any refund for that part of your experience not completed, or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.
If You Change Your Booking
If you wish to change any part of your booking after our confirmation invoice has been issued, you must inform us in writing by using the contact details available here: [hello@maltadreamweekend.com]. This should be done by the Lead Passenger. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes will be subject to payment of an administration fee of £50 per person per change, as well as any costs and charges incurred by us and/or incurred or imposed by any of our suppliers in making this change. 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. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable in accordance with clause 21.
Transfer of Booking:
If you or any member of your party is prevented from travelling, that person(s) may transfer their place to someone else, subject to the following conditions:
1. that you are not taking profit or commercial gain for the transfer of the booking [ e.g. using the package as a promotional offer or competition, or reselling at an inflated price for commercial gain]
2. that person is introduced by you and satisfies all the conditions applicable to the experience;
3. we are notified not less than 7 days before departure;
4. you pay any outstanding balance payment, an amendment fee of £70 per person transferring, as well as any additional fees, charges or other costs arising from the transfer; and
5. the transferee agrees to these booking conditions and all other terms of the contract between us.
You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as set out in the clause below and apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.
Transfers of bookings and names changes will not be possible after 26/08/2022
Important Note: Certain arrangements may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.
If You Cancel Your Booking Before Departure
If you or any other member of your party decides to cancel your confirmed booking you must notify us in writing by using the contact details available here: [hello@maltadreamweekend.com] Your notice of cancellation will only take effect when it is received in writing by us at our offices and will be effective from the date on which we receive it.
Should one or more member of a party cancel, it may increase the per person experience price of those still travelling and you will be liable to pay this increase.
Since we incur costs in cancelling your arrangements, you will have to pay the cancellation charges as follows:
Period before departure in which you notify us | Cancellation Charge |
161 days (and over) | Loss of deposit |
Between 160 days and 131 days | 35% |
Between 130 days and 100 days | 45% |
Between 99 days and 70 days | 60% |
Between 69 days and 0 days | 100% |
Please note that any amendment charges and booking fees you have paid or are due to pay are not refundable in any circumstances.
Important Note: Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above.
If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
Where possible, we will deduct the cancellation charge(s) from any monies you have already paid to us.
Cancellation by You due to Unavoidable & Extraordinary Circumstances:
You have the right to cancel your confirmed experience before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your experience destination or its immediate vicinity and significantly affecting the performance of the experience or significantly affecting the transport arrangements to the destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any additional compensation. Please note that your right to cancel in these circumstances will only apply where the Foreign and Commonwealth Office advises against travel to your destination or its immediate vicinity. For the purposes of this clause, “unavoidable and extraordinary circumstances” means warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination.
This clause outlines the rights you have if you wish to cancel your Package booking. Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
If We Change or Cancel your Package Experience
As we plan your experience arrangements many months in advance we may occasionally have to make changes or cancel your booking and we reserve the right to do so at any time.
Changes: If we make a minor change to your experience, we will make reasonable efforts to inform you as soon as reasonably possible if there is time before your departure, but we will have no liability to you if this cannot reasonably happen. Examples of minor changes include a change of merchandise, accommodation to another same or higher standard accommodation, a change of an artist in a line-up of multiple artists or a schedule change to the time and duration of any of our organised party.
Occasionally we may have to make a significant change to your confirmed arrangements. Examples of “significant changes” include the following, when made before departure:
A change of accommodation area for the whole or a significant part of your time away.
A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away.
A significant change to your itinerary, missing out one or more resort entirely.
Cancellation: We will not cancel your Package experience less than 70 days before your departure date, except for reasons of Events Beyond Our Control or failure by you to pay the final balance. We may cancel your experience before this date if, e.g., the minimum number of clients required for a particular travel arrangement is not reached.
Please note that our cancellation charges in the clause above will apply where we cancel your holiday due to your failure to pay the final balance.
If we have to make a significant change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of:
- (for significant changes) accepting the changed arrangements; or
- having a refund of all monies paid; or
- if available and where we offer one, accepting an offer of an alternative experience (we will refund any price difference if the alternative is of a lower value).
Please note that any amendment charges and booking fees you have paid or are due to pay are not refundable in any circumstances.
You must notify us of your choice within 7 days of our offer [ unless our communication requests a different date]. If we do not hear from you within the timeframe, we will contact you again to request notification of your choice. If you fail to respond again, we will assume that you have chosen to accept the change or alternative booking arrangements.
*IMPORTANT NOTE: We will not accept any complaint in the following circumstances:
1. where we make a minor change;
2. where we make a significant change or cancel your arrangements more than 70 days before departure;
3. where we make a significant change and you accept those changed arrangements or you accept an offer of alternative travel arrangements;
4. where we have to cancel your arrangements as a result of your failure to make full payment on time;
5. where the change or cancellation by us arises out of alterations to the confirmed booking requested by you;
6. where we are forced to cancel or change your arrangements due to Events Beyond Our Control
If we become unable to provide a significant proportion of the arrangements that you have booked with us after you have departed, we will, if possible, make alternative arrangements for you at no extra charge and where those alternative arrangements are of a lower standard, provide you with an appropriate price reduction.
Complaints
We make every effort to ensure that your Package experience arrangements run smoothly so it important to us that we are given the opportunity to resolve any issues that you may encounter during your experience , this means addressing any issues immediately and carefully so they do not affect the rest of your trip. If you do have a problem during your experience , please inform the relevant supplier (e.g. your hotelier) immediately who will endeavor to put things right. If your complaint is not resolved locally, please contact us using the emergency contact numbers provided within your travel documents so that the problem can be resolved as quickly.
We will only accept a complaint if you have raised those issues in resort and with the suppliers/ hotel in resort.
If the problem cannot be resolved and you wish to complain further, you must send formal written notice of your complaint to us at: [hello@maltadreamweekend.com] ideally within 28 days of the end of your stay, 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. Failure to follow the procedure set out in this clause may affect ours and the applicable supplier’s ability to investigate your complaint, and will affect your rights under this contract.
Our Responsibilities to You in respect of Package Experiences
1. We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018, as set out below and as such, we are responsible for the proper provision of all travel services included in your package, as set out in your confirmation invoice. Subject to these Booking Conditions, if we or our suppliers negligently perform or arrange those services and we don’t remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your package experience you may be entitled to an appropriate price reduction or compensation or both. You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package. The level of any such price reduction or compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these Booking Conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your experience . Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
2. We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:
(a) the acts and/or omissions of the person affected; or
(b) the acts and/or omissions of a third party unconnected with the provision of the services contracted for and which were unavoidable and extraordinary; or
(c) Events Beyond Our Control (as defined in clause 5).
3. We limit the amount of compensation we may have to pay you if we are found liable under this clause:
(a) loss of and/or damage to any luggage or personal possessions and money: the maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind.
(b) Claims not falling under (a) above and which don’t involve injury, illness or death: the maximum amount we will have to pay you in respect of these claims is up to three times the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.
(c) Claims in respect of international travel by air, sea and rail, or any stay in a hotel:
(i) The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions such as The Paris Convention (with respect to hotel arrangements). You can ask for a copy of this Convention from our offices. Please contact us. In addition, you agree that the operating carrier or transport company's own 'Conditions of Carriage' will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those 'Conditions of Carriage'. You acknowledge that all of the terms and conditions contained in those 'Conditions of Carriage' form part of your contract with us, as well as with the transport company and that those 'Conditions of Carriage' shall be deemed to be included by reference into this contract.
(ii) In any circumstances in which a carrier is liable to you by virtue of EC 261/2004 (denied boarding and flight disruption), any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.
(iii) When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
Notwithstanding clause 24 (3) (d) above, please note that we do not offer flights and we will not be liable for any issues relating to any flights you may book with other suppliers.
4. It is a condition of our acceptance of liability under this clause that you notify any claim to us and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
5. Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to us or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
6. Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description:
(a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you; or
(b) relate to any business:
(c) indirect or consequential loss of any kind.
7. We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised on our website. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.
8. Where it is impossible for you to return to your departure point as per the agreed return date of your package, due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the 3 night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your experience . For the purposes of this clause, “unavoidable and extraordinary circumstances” mean warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely back to your departure point.
Insolvency Protection for Package Experiences
The Package Travel and Linked Travel Arrangements Regulations 2018 require us to provide security for the monies that you pay for your Package, where we are acting as the Package Organiser, in the event of our insolvency. We provide full financial protection for our package experience s which don’t include flights, by way of financial failure insurance.
You can access the Package Travel and Linked Travel Arrangements Regulations 2018 here:
https://www.legislation.gov.uk/ukdsi/2018/9780111168479/contents
Prompt Assistance for Packages
If you have booked a Package and whilst you are on experience , you find yourself in difficulty for any reason we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and with distance communications and finding alternative travel arrangements. Where you require assistance that is not owing to any failure by us, our employees or sub-contractors, we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any supplier, airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these Booking Conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.
SECTION C: SINGLE SERVICE BOOKINGS
This section applies to all Single Service bookings that you make with us (e.g. party pass, single tickets, ticket only, merchandise or add ons/extras purchased after your package experience. Please read this section in conjunction with Section A of these Booking Conditions [ Section B does not apply to these services].
If You Wish to Change or Cancel your Single Service Booking
All of our single services are non-refundable, non-transferrable and non-changeable once the booking has been made.
If We Change or Cancel Your Single Service Booking
We may in certain circumstances be required to change or cancel your booking. We regret we cannot meet any expenses or losses that you may incur as a result of change or cancellation, where a cancellation is imposed we would refund you less any booking costs/fees. Very rarely, we may be forced by Events Beyond Our Control (see clause 5) to change or cancel your travel service(s) after departure. If this situation does occur, we regret we will be unable to pay you compensation or meet any costs or expenses you incur as a result.
EXPERIENCE SCHEDULE
We reserve the right to make amendments or cancel parts of the experience, to avoid doubt, this includes but is not limited to artists, lineup, venues, additional parties, add on’s and attractions featured in the experience itinerary. Where a change is made you will not be entitled to any refund or compensation.
Party Pass or Ticket Only Bookings
Entry into our experiences will only be permitted by producing a valid ticket or pass within the agreed entry times. Anyone who does not comply with those entry time [ including last entry time] will be declined entry.
Ticket only is valid for sole use and you must not allow others to use your ticket, where a ticket has been used before entry to the experience will be declined.
You maybe refused entry to the experience if you fail to produce the relevant document for entry [ please see our FAQ’s for further information].
Any party passes and tickets won as part of prize draws or competitions are non-exchangeable, non-transferable and no cash alternative is offered
Complaints
Please refer to clause 24 for details of the procedure to follow, in the event that you have any problems during the performance of your booking.
Our Responsibilities for your Single Service Booking
1. Subject to the remainder of this clause, we have a duty to select the suppliers of the services making up your booking with us with reasonable skill and care. We have no liability to you for the actual provision of the services, except in cases where it is proved that we have breached that duty and damage to you has been caused. Therefore, providing we have selected the suppliers/subcontractors with reasonable skill and care, we will have no liability to you for anything that happens during the service in question or any acts or omissions of the supplier, its employees or agents.
2.We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:
(a) the act(s) and/or omission(s) of the person(s) affected; or
(b) the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
(c) unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or
(d) an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.
3. We limit the amount of compensation we may have to pay you if we are found liable under this clause:
(a) loss of and/or damage to any luggage or personal possessions and money: the maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind.
(c) Claims not falling under (a) above and which don’t involve injury, illness or death: the maximum amount we will have to pay you in respect of these claims is twice the price paid by you in total. This maximum will only be payable where everything has gone wrong and you have not received any benefit at all from your booking.
4. It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
5. Where any payment is made, the person(s) availability must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
6. Please note, we cannot accept any liability for any damage, loss of expense or other sum(s) of any description: (a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you: or (b) relate to any business.
7. We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertise. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.
Financial Protection
All Single Service Bookings will not be financially protected. Please ask us for further details.