These Terms and Conditions (“T&Cs” or “Booking Conditions”) govern the contractual relationship between the parties (“Parties”): Sugar Melon Ltd; and You.
DEFINITIONS AND INTERPRETATION
1. The following words and terms should be interpreted as follows unless the context clearly implies otherwise.
2. “Arrangements” shall mean the accommodation, meals, packages, facilities, activities and services (or any of them), as applicable, booked through Us in accordance with this agreement (“Agreement”) or any other agreement between You and Us.
3. “Booking Confirmation” shall refer to the formal acknowledgment of the booking in writing, via email, letter or facsimile, sent to the Group Leader once the Booking Form has been filled in and signed by the Group Leader and sent to Us In Writing together with the initial deposit, which is a non-transferable and a non-refundable deposit.
4. “Booking Form” shall represent the form, which will need to be filled in and signed, digitally or otherwise, by the Group Leader and sent to Us In Writing together with the initial deposit, which is a non-transferable and a non-refundable deposit.
5. “Cash” shall refer to payments made in cash in Euro currency.
6. “Sugar Melon Ltd” refers to the registered incoming tourism agent under the name ‘Sugar Melon Ltd’, which provides its clients with Arrangements on the basis of its Website and which trades as Sugar Melon Ltd, under the terms and conditions specified herein.
7. “We” “Us” and “Our” are references to Sugar Melon Ltd.
8. “You”, “Your” or “Yourself” are references to the client named on the Booking Confirmation.
9. “In Writing” means by email, letter or facsimile.
10. “Governing Law” shall refer to the Laws of Malta.
11. “Group Leader” means the person responsible for placing the reservation and who makes the booking on behalf of the group (“Group”) named on the Booking Confirmation. The group leader is also responsible for collecting payments and/or making any alterations on behalf of the whole Group and will be Our point of contact (and any substitute for this person) for the duration of this Agreement. The group leader will have the authority to deal with Us on behalf of every member of the Group. To avoid confusion, We will not normally enter into discussions with any other member of the Group.
12. “Regulations” shall refer to the Package Travel, Package Holidays and Package Tours Regulations S.L. 409.01 and the Travel Operators and Organised Excursion Operators (409.09).
13. “Website” shall mean the Internet site www.henmalta.com and all other websites connected to it and accessible through links or other access paths and the services available through such sites.
14. These T&Cs of booking only apply where You have booked a ‘package’ as defined in the Regulations.
15. For the purposes of the Regulations a package arises where at least two (2) of the following components are sold or offered for sale at an inclusive price and when the service covers a period of more than twenty-four (24) hours or includes overnight accommodation:
16. a) transport;
17. b) accommodation; and
18. c) other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the package, and shall include such prearranged combinations even when various components thereof are billed separately.
19. The T&Cs of booking set out Our obligations to You and Your commitments to Us when You book Arrangements with Us. These together with the information contained in the Booking Confirmation is the basis of Our contract with You. Your contract incorporates these T&Cs and by making a booking with Us You confirm Your acceptance of these Booking Conditions.
20. The contract shall come into existence as soon as You receive Our confirmation email or invoice stating that Sugar Melon Ltd has received Your Booking Form and initial deposit. The Group Leader will be responsible for collecting the deposits from all the members of the Group and transferring them to Our account in one payment on the due date. When making a booking with Us, You and the rest of Your Group agree to adhere to the following terms and conditions. It is Your responsibility to make all the participants of the Arrangements aware of it.
21. It is important that You read through the T&Cs before You book. It is important to understand that these T&Cs apply for all bookings with Us whether You have chosen to read them or not and are applicable for all members of Your Group.
22. Sugar Melon Ltd hereby reserves the right to suspend, add, end, amend and/or supplement these T&Cs from time to time as it may deem appropriate.
23. To book Arrangements with Sugar Melon Ltd You must place a non-refundable deposit as specified by Us. By placing this deposit You confirm the accuracy of all information You have provided and accept these T&Cs on behalf of Yourself and members of Your Group.
24. The agreement between Yourself and Sugar Melon Ltd only comes into existence when We send Our Booking Confirmation to You. Prior to doing so, We may send You an acknowledgement of Your booking. Any such acknowledgement simply indicates that We are dealing with Your booking request and is not a confirmation of it.
25. It must be understood that those booking in person, over the telephone, via email, letter or facsimile or via the Website have understood, accepted and agreed to be bound by these T&Cs.
26. Any contract is with the Group Leader as shown on the Booking Confirmation. Unless You advise Us to the contrary Sugar Melon Ltd will assume that every member of Your Group is over eighteen (18) years of age. If this is not the case and some members of Your Group do not fall into this age category, please check with Us that the Arrangements You book can accommodate the younger members of Your Group. If this is not checked prior to Your booking and You encounter problems during Your Arrangements, Sugar Melon Ltd cannot be held liable.
27. The Group Leader is responsible for ensuring that other members of his/her Group are aware of these T&Cs of booking and that they accept that the Group Leader has the authority to deal with Us on their behalf. If for any reason there is a change in the Group Leader, We should be notified In Writing immediately.
28. You must check all documents (including any tickets or vouchers), which We send to You and contact Us at once if any information appearing on the Booking Confirmation or any other document appears to be inaccurate or incomplete, as it may not be possible to make changes later. We regret We cannot accept any responsibility if We are not notified of any inaccuracies in any document within twenty-four (24) hours of Our sending it out. Whilst We will do Our best to rectify any inaccuracies notified outside these time limits, You will be responsible for any costs and expenses involved in doing so.
PAYMENTS TO CLUB
29. Bookings are taken on the basis that they are made by a Group Leader. The Group Leader is responsible for a reservation and for ensuring that all monies due for a booking are collected and paid on time by the members of the Group. The Group Leader assumes all responsibility to settle the balance of the invoice for a confirmed booking before the final balance due date (the “Final Payment Date”).
30. An initial deposit or any other agreed amount is payable on booking together with the Booking Form. When You make a booking by sending Us your Booking Form and paying Your initial deposit, Sugar Melon Ltd will take an estimate of Group numbers and will reserve Your Arrangements in accordance with these Booking Conditions. Group members then have up to 14 days to place a deposit to confirm their place on the booking unless specified In Writing. The initial deposit is non-transferable and non-refundable and shall amount to:
31. Twenty Euros (€20) per member if the Group consists of five (5) or more members; and
32. One hundred (€100) in total if the Group consist of less than five (5) members.
33. After fourteen (14) days We will confirm Your final Group size. A request to add further Group members after 14 days of booking must come from the Group Leader and must be made In Writing. The addition of Group members is subject to availability and the twenty Euro (€20) deposit will also be required for each additional Group member. Please be aware We will make every effort to accommodate Your request.
34. The final deposit of fifty percent (50%) for the Arrangements must be settled six (6) weeks prior to the Arrangements commencement date unless specified In Writing. The Group Leader can elect to pay for the whole Group at any stage prior to the final payment date.
35. The outstanding balance shall be payable in Cash after Your safe arrival in Malta.
36. Any booking made within six (6) weeks of Arrangements commencement date will require full payment unless agreed by Sugar Melon Ltd.
37. No documents or tickets relevant to the booking will be sent until the booking has been fully paid.
38. Under all circumstances; all deposits, part payments, instalments, treatments, theatre or show tickets, administration charges and service fees are non-refundable and non-transferable.
39. Your booking may be cancelled if full payment is not received by the due date and any payments will be deemed non-refundable.
40. Some Arrangements have minimum Group sizes and this will reflect in the cost of Your package should Your Group fall below these numbers. When paying online, individuals in the Group agree to Our T&Cs and Our charges as displayed and confirmed at the time of booking (subject to any alterations to the booking as set out in these T&Cs).
CHANGES BY YOU
41. All changes must be requested In Writing by the Group Leader. Sugar Melon Ltd will make every effort to accommodate Your changes but may not always be able to do so. If You make any changes directly with the supplier and this incurs charges to Sugar Melon Ltd then You agree to pay Our costs.
42. We will assume that after the fourteen (14) day deposit date that the Group size is confirmed. The Group Leader is responsible for ensuring the Group members settle their final deposit by the final payment date.
43. Adding additional Group members after the Final Payment Date will incur a charge of twenty Euro (€20) per person and full payment of the Arrangements and is subject to availability.
44. In case of last minute bookings which are made below 7 days before the Arrangements begin Sugar Melon Ltd reserve the right to ask You for a one hundred percent (100%) deposit of the total balance. The outstanding balance shall be payable in Cash after Your safe arrival in Malta.
CHANGES BY US
45. If We have to make a significant change to Your Arrangements at any time We will inform You as soon as possible.
46. Sugar Melon Ltd reserves the right at any time to cancel or change any Arrangements made, and to substitute alternative Arrangements without accepting liability. Should alternative Arrangements be made at a reduced cost, the difference will be refunded to the client. Should the alternative Arrangements be at an increased cost the increase must be met by the Group. As long as Sugar Melon Ltd offer a suitable alternative the Group has no right to the cancel the Arrangements.
47. Sugar Melon Ltd reserves the right to cancel any itinerary and tour (before commencement of the Arrangements), due to force majeure, health concerns or any other reason outside the control of Sugar Melon Ltd that We, in Our absolute discretion, may determine. Force majeure events include (but are not limited to) war or threat of war, riot, civil strife or unrest, Acts of God, strikes, industrial dispute, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions, technical or maintenance problems with transport, changes imposed by rescheduling or cancellation of flight or rail transport by airline or rail operator, the alteration of flight paths, aircraft type or any other event that is beyond the reasonable control of Sugar Melon Ltd.
48. Cancellation of a booking can only be accepted if made In Writing by the Group Leader and will only be considered cancelled when written notice is received.
49. Cancellation is free of charge before paying a deposit.
50. The initial deposit of either twenty Euros (€20) per member (where Group consists of five (5) or more members) or one hundred (€100) in total (where Group consists of less than five (5) members) is a non-refundable deposit.
51. The final deposit of fifty (50%) is partially refundable. Depending on the time of cancellation, the following cancellations charges apply:
52. Forty-two (42) days or less to Arrangements commencement date = fifty percent 50% of final deposit will be refunded;
53. Thirty (30) days or less to Arrangements commencement date = twenty percent (20%) of final deposit will be refunded;
54. Twenty-one (21) days or less to Arrangements commencement date = loss of all monies paid.
55. If any of Your Group members decide not to attend/are unable to attend or require to depart early from Arrangements without providing forty-eight (48) hours notice In Writing, the full value applicable to the reserved Arrangements is required, with the Group Leader being held responsible for the amount in full.
56. There is always the eventuality that You may be unable to take part in weather dependent activities or Arrangements due to poor weather. If this occurs, You will not be entitled to change or cancel Your Arrangements without paying Our normal charges. Sugar Melon Ltd will assist You to find alternative activities or Arrangements but please bear in mind that these may only be available at an additional charge to You.
57. Every effort is made to ensure Your safety and We take every effort to ensure Our suppliers’ sites adhere to the Health and Safety Act and have adequate insurance where necessary. Some Arrangements include a certain element of risk and Sugar Melon Ltd take no responsibility for any loss or injury incurred by the Group Leader or any Group members taking part in such Arrangements.
58. The price of the Arrangements is as detailed in Your Booking Confirmation. Prices shown are correct at the time of booking and Sugar Melon Ltd makes every effort to ensure they are accurate. Please note that the price may change as a result of suppliers of services or other relevant matters pertinent to Your Arrangements, which may be out of Our control. Sugar Melon Ltd will advise You In Writing of any increase in charges payable which must be paid in full prior to the Arrangement commencement date.
59. Sugar Melon Ltd reserves the right to change any of the activities and/or facilities and/or prices and/or Arrangements described on the Website before this Agreement between You and Sugar Melon Ltd is concluded.
60. Booking more than one activity for a Group of fifteen (15) members or more may result in a discount price being issued on the Arrangements. These discounts may only apply when paying for the whole package. If You decide to partake in only certain aspects of the Arrangements You may not be able to take advantage of these discounts. All prices are inclusive of VAT.
61. Prior to booking, prices given on instant quotes, Website packages, emails and those made verbally are subject to availability and subject to change at any time. We make every attempt to ensure that all prices given are accurate at the time of enquiry. You will be given the current price of Your Arrangements at the time You wish to book before Your contract is confirmed. Where a price is incorrect due to a system error, We shall not be bound by such price.
62. When a Group is staying at a hotel and they have an odd number on any given night, Sugar Melon Ltd will, where possible try to place them in a triple room. If this is not possible a single supplement must be paid to cover the sole occupancy charge levied by the hotel. The single supplement charge will be specific to Your hotel.
63. Despite Our suppliers being aware of the nature and likely intent of same sex groups, You are expected to respect Your environment and other people around You. All suppliers and hotel have every right to terminate, without notice, Your stay or Arrangement under threat of vandalism, violence or any other behaviour deemed inappropriate by them. In such cases, all insurances will be invalidated and You will not have any entitlement to a refund of any kind whatsoever. We accept no liability for any accident or misadventure that occurs while any of Your Group is under the influence of drinks or drugs. Please also be aware that some hotels may require a behaviour ‘bond’ to be placed on hold with a credit card or cash, upon check in. We will do Our utmost to give You prior notice where this might happen, but in some extreme cases this may not be possible. Please check with Us when paying Your final balance.
AGE RESTRICTIONS AND LIMITS
64. Unless You advise Us to the contrary Sugar Melon Ltd will assume that every member of Your Group is over eighteen (18) years of age. If this is not the case and some members of Your Group do not fall into this age category, please check with Us that the activities You book can accommodate the younger members of Your Group. If this is not checked prior to Your booking and You encounter problems during Your weekend, Sugar Melon Ltd cannot be made responsible. Some of Our activities may not be participated in due to height and/or weight and/or pregnancy and/or disability and/or medical and/or health restrictions. It is Your responsibility to ask Us if there are any of the aforementioned restrictions regarding any Arrangements You may have booked with Sugar Melon Ltd. Failure to do so may result in Group members not being able to participate in certain Arrangements and Sugar Melon Ltd will not be held responsible and will not provide a refund in these circumstances.
65. Our itineraries are designed for You to achieve maximum enjoyment from Your Arrangements. The times provided must be adhered to at all times and failure to do so may result in Your Group being unable to participate in Arrangements. Sugar Melon Ltd will not be held responsible should You fail to follow Our advice or adhere to Our planned timings. Please note that sometimes certain Arrangements will not confirm the venue until around one (1) week prior to the Arrangements taking place as a result Your itinerary may be sent without the location and will be amended nearer to the date of the Arrangements taking place.
66. If You have a complaint regarding any aspect of the Arrangements, You must communicate Your complaint to the supplier of the service concerned at the earliest opportunity and also contact Sugar Melon Ltd to let Us know of Your complaint. If You do not inform the supplier of the service as well as Sugar Melon Ltd as soon as possible, at least within forty-eight (48) hours of the complaint occurring, Sugar Melon Ltd will not be responsible for the complaint. If the complaint has not been dealt with to Your satisfaction before Your return home, then You must make a complaint to Sugar Melon Ltd In Writing no less than seven (7) days after Your return from Arrangements. You will receive a reply within twenty-eight (28) days of Sugar Melon Ltd receiving Your complaint In Writing. If You do not comply with the complaints procedure, Sugar Melon Ltd will not be responsible for Your complaint.
67. Sugar Melon Ltd always tries to place groups in twin rooms where available however if these are not available You may be in triple or quad rooms. A centrally located hotel is defined as approximately ten (10) minutes walk from the centre.
68. These T&Cs shall be governed by and construed in accordance with the Governing Law without giving effect to conflicts of law principles. The Parties submit to the sole and exclusive jurisdiction of the courts of Malta for the settlement of any disputes arising out of or concerning these T&Cs.
These T&Cs are considered signed and approved
Sugar Melon Ltd
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