Sullivan & Sullivan Ltd Terms & Conditions

8/2/2019 Sullivan & Sullivan Ltd Terms & Conditions

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150, St. Lucia Street, Valletta VLT 1185 - Malta

Tel No. - 21230680-1 Fax No. - 21230682

E-mail Address [email protected]

Terms and Conditions

GENERAL TERMS & CONDITIONS

Sullivan & Sullivan Ltd. Hereinafter referred to as the Company strive to ensure client satisfaction

and will do their utmost to see that customers do enjoy their Holiday and return convinced that they have

been given good value for money. The following Agreement has been drafted with the intention of

ensuring that the Companys 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 outlined in this Agreement will come into force at the time of the booking.

1. Reservation

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 Companys 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 traveling in the booking customers company. Youths under the age of 18 and over the age of

16 will need to have a document signed by both parents in order to travel alone. This document

needs to be presented at time of booking. Youths under the age of 16 may only be allowed to travel

when accompanied by an adult. Sullivan & Sullivan Ltd will only accept these bookings when the adult

effects payment for both. At this stage, the Company shall make all the necessary arrangements for

the Holiday to be reserved.

2. Price

Prices and amounts quoted in the brochure/information sheet are valid at the time of publication. 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 LiabilityThe information and descriptions contained in the brochure/information sheet are based on informationprovided by hoteliers and other service providers themselves. Hotel rooms and ship cabins are always


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small, sometimes even very small. Sullivan & Sullivan Ltd work with hotels having single or twin / doublebedded rooms. Triple or quadruple bedded rooms are never available. A third or fourth person wantingto share a twin / double bedded room, will most probably be either given a small extra folding camp bedor a bunk bed or sofa bed, which can make accommodation quite uncomfortable. In America, three orfour persons wanting to share a room wil l invariably be given two matrimonial beds, (separate beds foreach person are not available). When two persons book a room for two, the Company reserves theright 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 thebrochure/information sheet. Breakfast is only provided when specified and when provided is alwayscontinental unless otherwise expressly and clearly specified. Lunches and dinners are invariably servedon 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 achoice is available. Drinks, including water during meals, are always to be paid extra. Use of itemsfrom the mini-bar and telephone calls are chargeable to the customer. Local charges to the customermay also apply in relation to a TV in the room and safekeeping services, but kindly confirm at hotelreception. 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 subjectto 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. Forconvenience, prices are clearly marked in the brochure/information sheet. The Holiday price onlyincludes those items listed as included in the price. It is important to bear in mind that brochure and

information sheets are printed months in advance and the situation may arise where an advertisedfacility, service, excursion or entertainment is not available during the customers particular Holiday. Forinstance the seasonal nature of the facility, service, excursion or entertainment, bad weather, naturalcalamity or any other act of God, essential maintenance or cleaning, legislation or enactment of newlegislation, 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 shortnotice, due to weather, road or traffic conditions, mechanical breakdowns, police activity as well as anyother circumstances beyond the relevant partys control. Coaches or other means of transport used arenot air-conditioned and do not have on board toilet facilities, unless expressly and clearly specified in thebrochure/information sheet. Swimming pools may only be operational during the summer months, and ifstill 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 beof the same standards as applicable in Malta. Each group tour organized by the Company will beaccompanied by either a Maltese or English speaking tour leader who will be responsible for theimplementation of the program. The tour leader, except in the case of an emergency, is under nocircumstance responsible for carrying out work over and above the official program and is not obliged toaccompany members of the group tour organized by the Company around shops, flea markets or theme

parks. Special conditions apply in the case of Football packages, Concerts and Festivals where C lients

must ensure strict adherence to all terms and conditions imposed by the organizers of the Festivals

etc. Concert and Festival packages shall not be considered as guided tours.

Cruise companies reserve the right to change the itinerary due to bad weather or industrial action, in

which case neither the cruise company nor Sullivan & Sullivan Ltd. are liable to pay any form of

compensation or damages for the missed ports or the change of program or itinerary.

Even though such occurrences are unlikely, the Company feels that it should act di ligently 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 customers 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


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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 customers 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 customers 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 customers 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 customers Holiday has to be cancelled, unless for reasons beyond the

control of the Company, the customers 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 Companys 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


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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 customers 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 l iability 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 confirming 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 customers

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 customers travel agent fails to pay the Company the

amount due on the customers 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

customers 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


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attempt to accommodate the customers wishes. However, in such circumstances, the Company shall

not be held liable in any manner for failing in any way to accommodate the customers particular

wishes. A handling fee will be charged by the Company for any change to a booking within 60 days

prior to the departure date apart from the Companys 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 21 days notice prior to the

scheduled departure date, of the customers intention to transfer the booking. An administrative charge

of 60 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 customers travel agent through whom the booking was made. The cancellation shall

be effective from the date it is received at the Companys offices. In the event of a cancellation either in

respect of one or all persons named on the booking form, the Companys 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 customers

reference: -

Period prior to scheduled departure date within

which written notification of cancellation must be

received by the Company61days or more

Amount of cancellation charge as a % of the

total price of Holiday inclusive of extras but

exclusive of insurance premium*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.


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Cruises bear a 100% cancellation fee if cancelled less than 65 days prior to the scheduled departure

date. If cruises are cancelled between 65 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.

Special conditions will apply in the case of particular events, Football packages and Concerts where

deposits and full prepayment (non-refundable) for tickets and other services may be required 90 days

prior to departure date.

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 Customers Responsibilities1. It is the responsibility of the customer who made the booking to verify and ensure that

himself/herself and the person/s on whose behalf he/she is making a booking are inpossession of valid passports (valid for at least 6 months after the customers scheduled dateof return to Malta) and any appropriate visas. All customers are to make sure that they checkpassport and visa requirements as well as health formalities with the competent authorities wellin advance of their scheduled departure. The customer is responsible for any charges, fines,damages and any other claims and liability that may be levied or put forward by any Maltese orforeign authority or entity for non-compliance with the laws and/or regulations in the relevantarea and any such amounts will be recharged to the customer.

2. It is the customers responsibility to verify with his/her doctor as to what vaccinations and

inoculations are advisable for the chosen destination.3. 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. 4. 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 reservesthe right to decline to accept or retain any person/s as a customer/s i f his/her behaviour is, inthe Companys opinion or in the opinion of the airline pilot, hotelier or accommodationproprietor or manager or other person in authority, likely to cause distress, danger, damage orannoyance to other customers, employees, other people or to property. The customer fully andunconditionally understands and agrees that the Company in such circumstances shall not beheld 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 tobe unacceptable.

5. Any and all children traveling 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 birthof a customer, including children. Should a customer booked as a child result to be twelveyears or older on the date of travel, he/she will not be permitted to board theplane/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 Companys 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.


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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 Sullivan & Sullivan Ltd.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 ofinstant purchase air tickets. In such cases, the full fare is payable at the time of the booking and is

non-refundable irrespective of whether the said tickets at utilized or not.

17. Difficulties/Complaints

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

Companys 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 difficulties encountered when 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 Companys 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.

19. Customer/s

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.

Package Conditions

Wacken Festival ConditionsClient shall ensure strict adherence to all terms and conditions which are or maybe imposed by the festival organisers.

NotificationsSullivan & Sullivan Ltd will only send its notifications in writing by email.

IntroductionThe Wacken package shall not be considered as a guided tour.

DepositA Deposit of 150.00 is to be affected upon booking.


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Wacken Package

1. A Wacken package includes: 3-Day Wacken Ticket, Flight Tickets, Private transfers, and Hotel accommodationunless otherwise specified.

2. The full package is to be paid by not later than the 31 st of May 2012.3. Should payment be affected after the 31st of May 2012, a 10% late payment fee on the total sum shall be debited.4. If client fails to affect full payment within 14 days after the 31st of May 2012, Sullivan & Sullivan Ltd will consider this

as a cancellation.5. A Wacken package may only be purchased in full unless otherwise agreed upon booking.6. People under the age of 16 may only travel and attend the festival with an accompanying adult. Sullivan & Sullivan

Ltd will only accept these bookings when an adult will affect payment for both.7. People under the age of 18 and over the age of 16 will need to have a signed document by both parents in order to

travel alone. This document needs to be presented at time of booking.

Cancellations

1. Cancellations will only be accepted in writing by email.2. If Client notifies Sullivan & Sullivan Ltd regarding a cancellation by phone and fails to follow up in writing, then

Sullivan & Sullivan Ltd will notify client by email. Should no reply be received by email within 5 days, than Sullivan &Sullivan Ltd will automatically take this as an acceptance of cancellation.

3. If a cancellation is made at any time after booking then the deposit is forfeited.

4. If client fails to notify Sullivan & Sullivan Ltd in writing by email regarding a cancellation within 14 days after the 31st

of May, then a 10% cancellation fee on the total sum will be debited.5. If cancellation is made right after full package payment, then full fare may be forfeited.

InsuranceWe recommend Holiday Insurance. For real peace of mind use the cover we have specially arranged for you against: damage-loss of baggage, and personal money theft, cancellation and curtailment charges, personal accident, medical and otherexpenses.

Alteration of FaresThe cost of the package is based on tariffs and exchange rates current at time of printing and may be changed without priornotice following any increase in air fares, exchange fluctuations and hotel rates.

Airline Liability ClauseWe are not responsible if an airline cancels; reschedules or delays a flight for any reason.

1. To substitute any hotels, means of transport or any other arrangements as may be deemed necessary.2. To cancel any package and in which case full refund of monies paid will be made.3. To cancel the continuation of any package in case of force majeure, war, political unrest or strikes or any events of a

similar nature is which case a refund of monies paid will be made less expenses incurred.4. To refuse a booking in respect of any person and/or to refuse to carry or continue to carry any person and in such

event any expenses incurred shall be borne by such person.

Passports and Travel DocumentsIt is your sole responsibility to ensure you have a valid passport or identity card at the time of travelling.People under the age of 18 and over the age of 16 will need to have a signed document by both parents in order to travelalone. This document needs to be carried with you at the time of travelling.

LiabilityWe cannot accept any liability should the airline prevent you from travelling because of invalid, missing or expired documents.We cannot accept any liability for illness, personal injury, death or loss of any kind, damage to property and delays which mightoccur during the holiday. Any such claim must be brought against the tortfeasor.

Prices are per person and do not include Levy, Airport/Border taxes; visas (where applicable); tips and gratuities; drinks or anyextras which may be ordered by clients.

Surname & Name ___________________________ Signature ____________________

Date ____________________