By booking or participating in a trip and any related products or services (a “Trip”) with Kraze Travel a brand that represents a Travel Agency registered under the name of ‘Luke Desira’, with ID card Number 274787(M), or the (“Tour Operator”), you (“you”) agree to these Terms & Conditions (the “Terms”).

 

1. THE BOOKING CONTRACT

By booking a Trip you acknowledge that you have read, understand and agree to be bound by these Terms.

If you make a booking on behalf of other participants, you guarantee that you have the authority to accept, and do accept these Terms on behalf of the other participants in your party.

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Your booking is confirmed, and a contract exists, once the deposit amount has been received by the Tour Operator.

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You must be at least 18 years of age to make a booking.

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2. REQUIRED MEDICAL INFORMATION

You are responsible for assessing whether a Tour is suitable for you. You should consult your physician to confirm your fitness for travel and participation in any planned activities. Health facilities, hygiene, and disease risk vary worldwide. You should seek your physician’s advice on vaccinations and medical precautions as early as possible.

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You must provide any medical information reasonably requested by the Tour Operator and may be required to complete the Tour Operator’s medical information form (the “Medical Form”), signed by a licensed and practicing physician, to the Tour Operator prior to or at the time of final payment for the applicable booking.

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You must agree to complete the Medical Form honestly and to disclose all relevant medical information accurately and fully.

The Tour Operator reserves the right to deny you permission to travel or participate in any aspect of a Tour at any time and at your own risk and expense where the Tour Operator determines that your physical or mental condition renders you unfit for travel or you represent a danger to yourself or others.

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Pregnancy is considered a medical condition and must be disclosed to the Tour Operator at the time of booking. Airline regulations state that women who are 28 weeks or more into their pregnancy at the time of return travel must have a medical certificate of fitness to be able to travel.

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The condition of medical facilities in the countries you may visit on your Tour varies and the Tour Operator makes no representations and gives no warranties in relation to the availability or standard of medical facilities in those regions.

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3. SPECIAL REQUIREMENTS

All food allergies and dietary restrictions must be disclosed to the Tour Operator at the time of booking but the Tour Operator cannot guarantee that dietary needs or restrictions can be accommodated.

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4. MANDATORY INSURANCE REQUIREMENTS

YOU MUST HAVE TRAVEL INSURANCE WITH ADEQUATE MEDICAL, EVACUATION AND REPATRIATION COVERAGE that would cover all applicable dates of travel with the Tour Operator (including the travelling dates). This insurance must cover personal injury and emergency medical expenses.

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You are strongly recommended to extend your coverage to include cancellation, curtailment, baggage, hospital and all other expenses that may arise as a result of loss, damage, injury, delay or inconvenience while travelling. You acknowledge that insurance coverage is not included in the cost of any Tour offered by the Tour Operator and you are required to obtain separate coverage at an additional cost.

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It is your responsibility to ensure that you have sufficient coverage and comply with the terms of the applicable insurance plans. You are responsible for advising your insurer of the type of travel, destination(s) and activities included in your booking so that the insurer may provide appropriate coverage.

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Certain tours involve journeys of a hazardous nature and you should ensure that insurance fully covers all personal requirements including repatriation, helicopter rescue and air ambulance in the event of accident or illness.

 

5. PRICE

Prices may vary from time to time, according to availability. It is possible that at the time of booking, the actual price of your chosen Tour may have increased from that shown in the brochure which we reserve the right to do. Once the booking has been made and deposit paid, the cost of your Tour 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 airports and/or transport cost variations including the cost of fuel.

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6. VALIDITY

All dates, itineraries and prices of Tours, these terms & conditions are subject to change at any time and the current price will be quoted and confirmed at the time of booking, subject to any surcharges that may be levied in accordance these Terms.

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You acknowledge that you are responsible for keeping up to date on the specific details of your Tour and any other products or services.

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7. DETAILS REQUIRED FOR BOOKING

You agree to provide full, complete and accurate information to the Tour Operator for yourself, or on behalf of another participant. If you fail to supply accurate information required by the Tour Operator for air tickets, permits, or other inclusions, you will also be liable for any costs, fees or losses including failure to obtain or provide that inclusion.

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8. AIRFARE

The Tour Operator acts only as a sales agent for the applicable air carrier; if included in the package. The air carrier’s terms and conditions apply to the purchase and use of the air travel ticket. Flight timings are subject to confirmation. The Tour Operator’s reservation system will provide the latest timings as advised to it. Please check your flight tickets and information sheets as soon as you receive them. These will show the actual time of your flight. Some flights may stop en route and factors affecting this are not always known to the Tour Operator before departure therefore we cannot always notify you in advance. Flights are subject to the granting of permits and licenses by authorities both in Malta and overseas. The Tour Operator is not responsible for any damages, additional costs, or consequential loss arising from changes in air itineraries or flight times and does not provide advice or alerts regarding air travel tickets, flight status or delays.

 

9. 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 embody the provisions of the law of the carrier (airline, coach, ship, etc) and/or be subject to international conventions with government(s), any of which may limit or exclude the liability of the carrier.

 

10. CANCELLATION BY THE PARTICIPANT

A cancellation may only be accepted in writing.  The cancellation shall be effective from the date it is received at the Tour Operator’s offices. Cancellation fees are as follows:

(a) Cancellation received 180 days or more before departure: Lifetime Deposit will be held by the Tour Operator in accordance with these Terms.

(b) Cancellation received 179-120 days before departure: 50% of the cost of the trip/holiday will be held as a lifetime Deposit by the Tour Operator. The remaining 50% paid will be held as cancellation fees.  

(c) Cancellation at 119 days or less before departure: 100% of the cost of the trip/holiday will be held as cancellation fees.

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To proceed with the booking, each payment by the participant is to be done no more than 14 days after the specified due date. From the 15th day, such payment will be considered as a late payment and is automatically considered as a cancellation by the participant with all payments made held as cancellation fees. Should the participant want to re-book this trip, a Eur250 fee will need to be paid, and re-booking is subject to confirmation by the Tour Operator.  

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The above conditions hold for all trips, except for our trip to Peru, whereby the tickets for the Inca Trail / Machu Picchu are booked immediately upon your confirmation; using your Name & Surname - and they are non-transferable & non-refundable - source: Machu Picchu Official Website.  Therefore cancellations for the Peru trip will all following the policy of "100% of the cost of the trip/holiday will be held as cancellation fees".

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On the 11th March 2020, WHO declared that Covid-19 is a Public Health Emergency, and therefore declared as a pandemic. All bookings made from the 30th of January 2020 onwards, are done in good faith that the participant knows that there might be complications in the execution of the holiday. In this regards, cooperation is key, and should a planned trip have to be postponed due to the closure of a border, non-issuance of VISAs, cancelled transport & flights, or any other reason the participant is accepting to keep the money paid as travel credit for a future trip. It is also important for the participant to act responsibility before travelling, and avoid contracting the virus. Should the participant test positive to Covid-19, or have any other quarantine restrictions, regular T&Cs for cancellation by the participant shall apply.

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The Tour Operator will endeavour to ensure the safety of all participants. All meetings prior to the trip will be held online, and all rules and regulations set by the various Governmental Health Authorities of each respective country will be followed. The participant can rest assured to travel with healthy travellers, as all participants & the trip manager must produce a valid swab test before departure.

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11. CHANGE OF BOOKING

You are not allowed to change your booking. Once the Tour Operator has received your deposits, we will be paying suppliers, including airlines who require their specific details irrespective of the payment terms agreed with you. Therefore such details cannot be changed.

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Should the customer want to cancel their booking, they can refer to section "cancellation by the participant". 

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12. TRANSFER OF BOOKING

Where you are prevented from proceeding with the Tour, provided that you find a replacement, you may transfer your booking to a person who satisfies all the conditions applicable to the Tour. A flat rate of €250 is charged to change the name of a booking. This would include payment to suppliers, including airlines, who impose penalties on such transfers. 

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13. FINAL PAYMENT & ACCEPTANCE OF BOOKING

Payment of the balance of the price for any products or services booked is due 90 days before the departure date of the first product or service included in the applicable booking; unless stated in writing by the Tour Agency. 

If full payment is not received by the applicable due date, the Tour Operator may, at its sole discretion, change the rate payable for the booking, or treat the booking as cancelled and retain the deposit paid on booking as a cancellation fee.

(c) Cancellation less than 119 days before departure: 100% of the cost of the trip/holiday will be held as cancellation fees.

 

14. GUARANTEED DEPARTURES & CANCELLATION OF A TOUR BY THE TOUR OPERATOR

The Tour Operator guarantees that all scheduled Tour departures booked with a valid deposit will depart as indicated on the applicable confirmation, subject to reasonable itinerary changes. This guarantee is not applicable in the case of Force Majeure. The Tour Operator may occasionally have to cancel your Tour arrangements, for various reasons, including but not limited to the minimum number of persons required for a tour to take place not being reached. 

 

The Tour Operator reserves the right in any circumstances to cancel your Tour and, in this event, the Tour Operator will give you a full refund of money paid by you to the Tour Operator or offer you an alternative holiday to purchase of comparable standard if available.

The Tour Operator shall where possible, inform you of such cancellations 14 calendar days before departure.

 

In the remote event that your Tour has to be cancelled, unless for reasons beyond the control of the Tour Operator, your 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 Tour due to the minimum number of persons required for that particular Tour 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.

 

Any changes to the Tour are at the discretion of the Tour Operator.  It is the aim of the Tour Operator to promote Tours which ensure customer satisfaction. Although unlikely, circumstances may require the Tour Operator to alter your Tour arrangements and the Tour Operator reserves the right to make such alterations at any time. For instance, flight timings may change or be revised, or the Tour itinerary may have to be changed. If any changes have to be made, the Tour Operator will inform you as soon as is reasonably possible. You acknowledge that you must have reasonable financial resources to cover incidental expenses during all travel with the Tour Operator, whether or not such expenses arise from a change of itinerary, and the Tour Operator is not liable for your failure to prepare adequately for travel and unforeseen circumstances which may arise during travel.

 

Brochures and other printed materials displaying Tour information and departure dates are subject to change may not be relied upon for purposes of this guarantee.

 

The Tour Operator is not responsible for any incidental expenses or consequential losses that you incur as a result of the cancelled booking including visas, vaccinations, non-refundable flights or rail, non refundable car parking or other fees, loss of earnings, or loss of enjoyment, the Tour Operator reserves the right to issue a full refund in lieu of the choices above, in its sole discretion.

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15. TRAVEL DOCUMENTS

It is your responsibility to obtain information and to have in your possession all the required documentation and identification required for entry, departure and travel to each country or region. This includes a valid passport and all travel documents required by the relevant governmental authorities including all visas, permits and certificates (including but not limited to vaccination or medical certificates) and insurance policies.

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You must have a passport that is valid 6 months after the last date of travel with the Tour Operator as set out on your itinerary. You accept full responsibility for obtaining all such documents, visas and permits prior to the start of the Tour, and you are solely responsible for the full amount of costs incurred as a result of missing or defective documentation.

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The Tour Operator makes no representations or warranties as to the accuracy or completeness of any information provided on visas, vaccinations, climate, clothing, baggage, or special equipment and you agree that the Tour Operator is not responsible for any errors or omissions in this information.

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16. FLEXIBILITY & UNUSED SERVICES

Before, or during the trip the route, schedules, accommodations, activities, amenities and mode of transportation are subject to change without notice due to unforeseeable circumstances or events outside the control of the Tour Operator (including but not limited to Force Majeure, illness, weather conditions, mechanical breakdown, flight/ferry cancellations, strikes, political events and entry or border difficulties).

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No reimbursements, discounts or refunds will be issued for services that are missed or unused after departure due to no fault of the Tour Operator, including your removal from a Tour because of your negligence or breach of these Terms.

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17. ACCEPTANCE OF RISK

You acknowledge that the products and services offered by the Tour Operator, or any of it's subcontracts/suppliers, may involve a significant amount of risk to your health and safety. By travelling with the Tour Operator, or engaging in activities on the Maltese Islands, you acknowledge that you have considered any potential risks to health and safety. You hereby assume responsibility for all such risk and releases the Tour Operator from all claims and causes of action arising from any losses, damages or injuries or death resulting from risks inherent in travel, including adventure travel specifically, visiting foreign destinations, and participating in adventurous activities such as those included in Tour itineraries or otherwise offered by the Tour Operator.

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You acknowledge that the degree and nature of personal risk involved depends on the products or services booked and the location(s) in which a product or service operates, and that there may be a significant degree of personal risk involved in participating, particularly participating in physical activities, travel to remote locations, carriage by watercraft, participation in “extreme sports” or other high-risk activities, or travel to countries with developing infrastructure.

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Standards of hygiene, accommodation and transport in certain countries where Tours take place are often lower than the standards you may reasonably expect in your home country or region. You agree that the Tour Operator is not responsible for providing full & accurate information or guidance with respect to local customs, weather conditions, specific safety concerns, physical challenges or laws in effect in any locations where a Tour is operated. You acknowledge you have considered the potential risks, dangers and challenges and your own personal capabilities and needs, and you expressly assume the risks associated with travel under such conditions.

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You must at all times strictly comply with all applicable laws and regulations of all countries and regions. Should you fail to comply with the above or commit any illegal act when on Tour or, if in the opinion of the Tour Operator (acting reasonably), your behaviour is causing or is likely to cause danger, distress or material annoyance to others, the Tour Operator may terminate your travel arrangements immediately at your expense and without any liability on the Tour Operator’s part.

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You are responsible for any costs (including repair, replacement and cleaning fees) incurred by the Tour Operator or the Tour Operator’s suppliers for property damage, destruction or theft caused by you while on a Tour. You agree to immediately report any pre-existing damage to a representative of the Tour Operator and staff of the accommodation, transportation service, or facility as soon as possible upon discovery.

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You agree to take all prudent measures in relation to your own safety while on Tour including, but not limited to, the proper use of safety devices (including seatbelts, harnesses, flotation devices and helmets) and obeying all posted signs and oral or written warnings regarding health and safety. Neither the Tour Operator nor its Third Party Suppliers are liable for loss or damages caused by your failure to comply with safety instructions or warnings.

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You agree to bring any complaints to the Tour Operator as soon as possible in order to provide the Tour Operator with the opportunity to properly address such complaint. You agree to inform your tour leader, another representative of the Tour Operator or the Tour Operator’s customer service department directly. The Tour Operator assumes no liability for complaints that are not properly brought to the attention of the Tour Operator and cannot resolve or attempt to resolve complaints until proper notice is provided. Any complaint made after the completion of a Tour must be received in writing by the Tour Operator within 7 days of the last day of travel of the booking in question.

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18. THE TOUR OPERATOR IS NOT LIABLE FOR THIRD PARTY SUPPLIERS

The Tour Operator makes arrangements with accommodation providers, activity providers, airlines, cruise lines, coach companies, transfer operators, shore excursion operators, tour and local guides, and other independent parties (“Third Party Suppliers”) to provide you with some or all of the components of your booking. Third Party Suppliers may also engage the services of local operators and sub-contractors. Although the Tour Operator takes all reasonable care in selecting Third Party Suppliers, the Tour Operator is unable to control Third Party Suppliers, does not supervise Third Party Suppliers and therefore cannot be responsible for their acts or omissions. Any services provided by Third Party Suppliers are subject to the terms and conditions imposed by these Third Party Suppliers and their liability is limited by their tariffs, conditions, tickets and vouchers and international conventions and agreements that govern the provision of their services. You acknowledge that Third Party Suppliers operate in compliance with the applicable laws of the countries in which they operate and the Tour Operator does not warrant that any Third Party Supplier is in compliance with the laws of your country of residence or any other jurisdiction.

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The tour operator is not liable and will not assume responsibility for any claims, losses, damages, costs or expenses arising out of inconvenience, loss of enjoyment, upset, disappointment, distress or frustration, whether physical or mental, results from the act of, or omission of any party other than the tour operator and its employees.

The Tour Operator is not liable for the acts or omissions, whether negligent or otherwise, of Third Party Suppliers or any independent contractors.

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19. LIABILITY

The Tour Operator and their respective employees, affiliates, officers, directors, successors, representatives, and assigns shall not be held liable for any injury, illness, death, loss (including loss of enjoyment or possessions), damage, expense, cost or other sum or claim of any description whatsoever which:

 

1. results from the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party or,

2. any damage to, or loss of, property or injury to, or death of, persons occasioned directly or indirectly by an act or omission of any other provider, including but not limited to 3rd party suppliers, and any defect in any aircraft, watercraft, or vehicle operated or provided by such other provider; and

3.  any loss or damage due to delay, cancellation, or disruption in any manner caused by the laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof, or by acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s) beyond their control (force majeure). You waive any claim against the Tour Operator for any such loss, damage, injury, or death.

 

In the event that any loss, death, injury or illness is caused by the negligent acts or omissions of the Tour Operator or of the Third Party Suppliers of any services which form part of the booking contract then the Tour Operator limits its liability, where applicable by all applicable international conventions.

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20. IMAGES AND MARKETING

You agree that, while participating in any Tour, photos or videos may be taken by other participants, the Tour Operator or its representatives that may contain or feature you. You consent to any such pictures being taken and grants a royalty-free license to the Tour Operator, to reproduce in any medium.

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21. PRIVACY POLICY

The Tour Operator must collect your personal information to deliver the Tour booked. The Tour Operator collects, uses and discloses only that information reasonably required to enable the Tour Operator and its Third Party Suppliers to provide the particular Tour, products and/or services that you have requested.

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By submitting any personal information to the Tour Operator, you indicate your acceptance of the Tour Operator’s Privacy Policy.

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(1) With respect to any Personal Data that controller transfers or makes available to Kraze Travel to provide the Services, controller warrants that controller’s processing, including the transfer to Supplier, of the Personal Data is carried out in accordance with Data Protection Law.

(2) Without limiting Supplier’s obligation to comply with the GDPR, Supplier, in its capacity as a Data Processor of Personal Data, will:

    (i)  process Personal Data only on documented instructions from controller, including in regard to the transfer of Personal Data to a third country or an international organisation, unless required to do so by European Union or Member State law to which Supplier is subject. In such case, Supplier will inform controller of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest;

    (ii) take all reasonable steps to ensure the reliability of staff having access to Personal Data and ensure that persons authorised to Process the Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;

    (iii) Implement technical and organisational security measures as provided by Data Protection Law (including pursuant to Article 32 of the GDPR) or controller under the Agreement necessary to protect Personal Data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access and against all other unlawful forms of processing;

    (iv)  Ensure that the sub-processors Kraze Travel use for processing of personal data are situated in a territory that is deemed to provide an adequate level of protection under Data Protection Law and that the written contract under which such sub-processor processes such personal data is not less onerous than this Addendum

The Supplier will provide the controller with an up to date list of relevant sub-processors on request and shall remain fully liable to controller for acts and omissions of the Supplier’s Sub-processors.

    (v) Taking into account the nature of the Processing, assist controller by appropriate technical and organizational measures, insofar as this is possible, for the fulfilment of Kraze Travel’s obligation to respond to requests for exercising the Data Subject’s rights laid down in Data Protection Law (including Chapter III of the GDPR);

    (vi) Provide reasonable assistance so as to enable controller to ensure compliance with any obligations it may have in respect of Data Security, Personal Data Breach notification, Data Protection Impact Assessments, and engaging in other consultations, pursuant to Data Protection Law (including Articles 32 to 36 of the GDPR taking into account the nature of processing and the information available to Supplier);

    (vii) At the choice of controller, promptly delete or return all the Personal Data to controller after the end of the provision of Services relating to Processing or termination of the Agreement, and delete existing copies unless applicable law requires storage of Personal Data, in which case Supplier shall cease all processing of the Personal Data other than as required by Data Protection Law and ensure the confidentiality and security of the Personal Data retained in accordance with this Addendum and Data    Protection Law and delete the Personal Data upon expiry of the time period specified by applicable law;

    (viii)  Promptly inform controller if, in its opinion, any instruction infringes Data Protection Law.

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22. SEVERABILITY

If any provision of these Terms is so broad as to be unenforceable, such provision will be interpreted to be only so broad as is enforceable. The invalidity or unenforceability of any provision hereof will in no way affect the validity or enforceability of any other provision.

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23. CONTRACT PARTIES & SUCCESSORS

These Terms will inure to the benefit of and be binding upon the parties and their respective heirs, legal and personal representatives, executors, estate trustees, successors and assigns.

 

24. PARTICULAR CUSTOMERS & CIRCUMSTANCES

Customers between the ages of 15-18 years of age, will be allowed to join the Tour Operator’s trips, as long as an adult accompanies them. The adult accompanying such minors is solely responsible for all actions taken by the young customer. The adult will also sign al documentation on behalf of the young customer, binding this person with all responsibility relating to the health of such minor, and the payments for the trip.

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Customers with special needs are welcome by the Tour Operator provided they are accompanied by an able-bodied companion and do not require assistance from the Tour Operator’s personnel or representatives. Such customers must consult their physicians to confirm fitness for travel and participation in any planned activities.  The Tour Operator reserves the right to refuse to accept anyone as a customer, if it is felt by the Tour Operator that the individual cannot cope with the requirements of the particular Tour organised by it, and/or who may require services or facilities that the Tour Operator 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 organised by it without compromising its commitment to other individuals on tour.

 

Whilst the Tour Operator also welcomes customers of 70 years and over, as with customers with special needs, they must consult their physicians to confirm fitness for travel and participation in any planned activities.

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25. DIFFICULTIES/COMPLAINTS

The Tour Operator will do its utmost to ensure that you have an enjoyable Tour. However, should you have a difficulty or complaint relating to the overseas part of your Tour you must advise in writing our tour leader, representative or agent in the particular place outside Malta at the earliest opportunity, so that it may be investigated and the Tour Operator will have the opportunity to resolve the matter on the spot. In addition, you must notify the Tour Operator in writing within 7 days of the date of your return from your holiday. Because of the difficulties of investigating a complaint too long after the event, the Tour Operator will not accept liability in respect of claims received after the 7 day period, and/or which have not been reported in writing as aforesaid to the Tour Operator’s tour leader, representative or agent in the particular place outside Malta.

 

If such difficulty/complaint relates to a physical issue, such as a sub-standard room, then photographic evidence must be provided along with the difficulty/complaint.

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It is imperative that any form of difficulty or complaint, is not communicated through any online or offline channels prior to the resolution of any issue. Failure to do so will be considered as an infringement of data protection, and as a case of spreading false information. 

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26. DISPUTE RESOLUTION, APPLICABLE LAW & JURISDICTION

The Contract and these Terms are subject to the laws of Malta, Europe and you submit to the exclusive jurisdiction of the courts located in Malta for the resolution of any dispute under these Terms or concerning any Tour, product or service.

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You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitration, class actions, private attorney general actions, and consolidation with other arbitration aren't allowed.  

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The arbitrator may not consolidate more than one persons's claims, and may no otherwise pre-side over any form of a class or representative proceeding or claims (such as class action, consolidated action or private attorney general actions) unless all relevant parties specifically agree to do so following initiation of the arbitration.  

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27. AMENDMENTS

The Tour Operator reserves the right to update or alter these Terms at any time.

Any amendment will take effect immediately after publishing. An up to date copy of these Terms, as amended, may be accessed at any time by asking The Tour Agency and will be sent to you upon written request to the Tour Operator. You are deemed to have accepted any amendments to these Terms, unless otherwise stated by you 5 days after their publication. The Tour Operator recommends that you refer to the Terms prior to travel to familiarize yourself with the most up-to-date version available.