GENERAL TERMS & CONDITIONS TO THE TRAVEL PACKAGE CONTRACT
The Travel Package Contract, also hereinafter referred to as the ‘Contract’, comprises these General Terms and Conditions. These General Terms and Conditions have been laid out to ensure that the transaction between Travel Organizer / Intermediary and the client is clear and fair to both parties. These conditions cover virtually every aspect of your holiday from the moment you book to the moment you arrive back home. As we want everyone to know where they stand with us, these General Terms and Conditions clearly spell out our obligations to you and your commitments to us when you book a travel package with us from our brochure or from www.evolutiontravel.com hereinafter the ‘Site’ .
The sale of Travel Package under these General Terms and Conditions, with the aim of providing services both on Italian national territory and abroad, is regulated by Maltese Law and/ or in accordance with the application of foreign law as applicable under the rules of private international law.
For the purpose of these terms and conditions the terms listed below shall have the following meaning:
a) Travel Organizer: shall mean the person who, in his own name and upon receipt of the payment of an inclusive price, undertakes to procure travel package to third parties, fulfilling the combination of the elements mentioned in point 4) below or offering the Traveller, also by means of an online system, the possibility to accomplish autonomously and purchase such a combination;
b) Travel Intermediary: the person who sells or undertakes to procure travel package in accordance with point 4) below, upon receipt of the payment of an inclusive price, even where this person does not exercise such activity on a professional basis or not;
c) Traveller: the buyer, the assignee of a travel package or any other person, even if not yet nominated, on condition that said person meets all the requirements set forward to benefit from the service, and on behalf of whom the principal contracting party undertakes to purchase travel package without receiving any payment.
4. THE NOTION OF TRAVEL PACKAGE
Travel Package have as its object the travel, vacations, ‘all inclusive’ vacation packages, and cruise vacations, resulting from the pre-arranged combination of no fewer than two of the following when sold or offered for sale at an inclusive price:
- (a) transport;
- (b) accommodation;
- (c) other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the package, and shall include such pre- arranged combinations even when various components thereof are billed separately.
5. OBLIGATORY INFORMATION FOR THE TRAVELLER
Before the Contract is concluded the Travel Organizer / Intermediary shall provide the Traveller with the following information in writing or in some other appropriate form:
- general information about passport and visa requirements for European Union and European Economic Area nationals which apply to purchase of the package, including information about the length of time it is likely to take to obtain the appropriate passports and visas;
- health formalities required by national administrations for the journey and the stay;
- in the event of insolvency, the arrangements for security for the money paid over and, where applicable, for the repatriation of the Traveller.
Moreover, in good time before the start of the journey the Travel Organizer and/or the Travel Intermediary shall provide to the Traveller in writing the following information:
- where the package includes a transport component, the times and places of intermediate stops and transport connections as well as details of the place to be occupied by the Traveller, including cabin or berth on ship, sleeper compartment on train;
- the name, address, telephone number and e-mail address – of the representative of the Travel Organizer in the locality where the Traveller is to stay, or if there is no such representative of an agency in that locality, the person on whose assistance a Traveller in difficulty would be able to call, or, if there is no such representative or agency, a telephone number or other information which will enable the Traveller to contact the Travel Organizer during the stay;
- in the case of a journey or stay abroad by a child under the age of sixteen years on the day when the journey or stay is due to start, information enabling direct contact to be made with the child or the person responsible at the place where he is to stay; and
- information on the optional conclusion of an insurance policy to cover the cost of cancellation by the Traveller or the cost of assistance, including repatriation, in the event of accident or illness.
The Travel Organizer shall supply the Traveller with a written copy of the Contract and these Terms and Conditions. Such copy is sent to the Traveller by the Travel Organizer via email.
The proposal for a booking shall be set out in writing or in such other form as is comprehensible and accessible to the Traveller, also in electronic format, and is communicated to Traveller before the Contract is concluded. The Traveller accepts these Terms and Conditions in the name of all interested persons
The Traveller shall provide with all necessary data in order to process booking and payment.
The acceptance of the booking proposal will be complete upon issuance of the Contract which, will be set out in writing, or in such other form as is comprehensible and accessible to the Traveller and are communicated to him before the Contract is concluded. A written copy of the Contract will also be supplied to the Traveller.
When making a booking the Traveller must:
a) If a request for reservations was made more than 35 days prior to the date of departure (35th day excluded), full payment or a deposit of 25% of the price of the Travel Package shall be made and the remaining balance shall be paid within 35 days from the departure date by:
- credit card,
- bank transfer to the bank details communicated on e-mail by Evolution Travel.
In the event where there is the need to issue the air ticket at the time of flight booking, the cost thereof shall be paid on confirmation of the booking by Traveller in addition to the amount due under the above paragraph.
b) If a request for reservation is made in less than 35 days prior to the departure date, you are requested to make payment of the full amount due in one or more solutions, choosing from the methods indicated on the Site during the booking process.
If for any reason Traveller fails to pay the sums in accordance with the provisions herein, and on the agreed dates, Evolution Travel reserves the right to cancel the booking as stipulated in clause 9 below.
In the event that the reservation does not get confirmed by the Travel Organizer, prompt notice will be given to the Traveller and Travel Organizer will proceed by refunding the amount the Traveller has paid for the reservation of the Travel Package. If the payment was made by credit card, the amount will be refunded directly to the same credit card used by Traveller at the time of booking (the amount will be refunded within 30 days from the Traveller’s request). If payment is made via bank transfer, the Traveller will provide Evolution Travel with his/her bank details in order to proceed with the refund
The price of the Travel Package is laid down in the Contract and can be modified at any time up to 20 days prior to departure and only to allow for variations in:
a. transport costs, including the cost of fuel,
b. dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports, or
c. the exchange rates which apply to the particular Travel Package.
For the calculation of these changes in price, Evolution Travel will refer to the parameters identified by it, and communicated to the Traveller in the Fact Sheet.
9. CHANGES TO, AND CANCELLATION OF, THE TRAVEL PACKAGE BEFORE DEPARTURE
Where the Travel Organizer and/or Travel Intermediary is constrained, before the departure to alter significantly an essential term of the Contract it shall notify the Traveller as quickly as possible, indicating the provision in the Contract specifying the alternations made and their impact on the price. The Traveller needs to inform the Travel Organizer and/or Travel Intermediary of his decision as soon as possible and in any case not later than two (2) working days from the notification by the Travel Organizer of the changes.
Where the Traveller does not accept the proposed change, he or she can exercise the right to either receive a refund of the sum already paid or have his or her Travel Package exchanged for a substitutive Travel Package in accordance with article 12 below.
Should the cancellation of the contract be due to circumstances other than unforeseeable circumstances, force majeure, failure to reach the minimum number of travellers or non-acceptance of the substitutive Travel Package by the Traveller, the Travel Organizer shall refund the Traveller a sum corresponding to double the sum paid by the same Traveller and/or received by the Travel Organizer from the Travel Intermediary. The refundable amount will never exceed the double of the amount which the Traveller would have been paid under Article 10 below if the Traveller had to cancel the Travel Package.
10. CHANGES AFTER DEPARTURE
Where, after departure, Travel Organizer is unable to supply a significant proportion of the services included in the Contract, or the Travel Organizer becomes aware that he will be unable to procure a significant proportion of the services included in the Contract for any reason other than the fault of the Traveller, he shall make suitable alternative arrangements at no additional cost to the Travellers for the continuation of the Travel Package and will where appropriate compensate the Traveller for the difference between the services to be supplied under the Contract and those actually supplied.
If impossible to make arrangements as described in the paragraph above, or these are not accepted by the Traveller on reasonable grounds, the Travel Organizer shall, where appropriate, provide the Traveller with equivalent transport back to the place of departure or to another return place to which the Traveller has agreed and shall compensate the Traveller accordingly.
11. TRANSFER OF BOOKINGS / SUBSTITUTION
Where the Traveller is prevented from proceeding with the Travel Package, the Traveller may transfer his booking to a person who satisfies all the conditions applicable to the Travel Package provided that the Traveller gives reasonable notice in writing (of at least 4 working days prior to departure date) of his intent to transfer the booking before the specified departure date to the Travel Organizer and / or Travel Intermediary. The Travellers shall promptly provide the personal details of the person substituting him/her.
The assignor and the assignee are jointly and severally liable for the payment of the price of the Travel Package or, if the price has already been paid, for payment of the balance and, for any additional costs arising from such transfer.
12. TERMINATION OF THE CONTRACT BY THE TRAVELLER
The Traveller can terminate the contract without incurring any penalties if:
– the price mentioned in Article 8 above increases by more than 10%;
– where the Travel Organizer and/or Travel Intermediary is constrained, before the departure to alter significantly an essential term of the Contract and such change is not accepted by the Traveller;
In the circumstances listed above the Traveller has the right to either:
– be offered a substitutive Travel Package without having to pay the difference in price, or obtain a refund of the difference in price if the substitutive Travel Package is cheaper than the one first chosen; or
– obtain a refund of the sum already paid under the Contract.
The Traveller shall communicate his or her decision (i.e. to accept the substitutive package or to terminate the Contract) to the Travel Organizer and/or Travel Intermediary by no later than (2) two working days from the moment the same Travel Organizer and/or Travel Intermediary has sent notification of the increase or change.
If the traveller fails to communicate his or her decision to the Travel Organizer and/or Travel Intermediary within the terms stated herein, the increase or change notified by the same Organizer and/or Travel Intermediary shall be deemed to have been accepted by the Traveller. These terms specifically exclude the right of withdrawal of the Traveller provided for distance contracts and off- premises contracts.
If the Traveller terminates the Contract before departure owing to circumstances other than those mentioned above and independently of any payment done in accordance with Article 7 above, he/she shall bear the payment of the applicable individual booking fee, the penalty stipulated in the Fact Sheet of the catalogue or of the travel programe not forming part of the catalogue or of any custom made trip, the cost of the insurance cover which was requested upon conclusion of the Contract or for any other services already provided. In the case of groups, such sums will be agreed upon from time to time and upon signature of the Contract.
13. THE TRAVELLER’S OBLIGATIONS
During the negotiation and, in any case, before the execution of the contract, the Travel Organizer and/or Travel Intermediary shall provide the Traveller in writing, with all the general information pertaining to the health formalities required by national administrations for the journey and the stay and general information about travel documents which are necessary for the trip (passport and visa). This information will be up-to-date at the time of printing of the Travel Package catalogue / brochure and also on the Site.
In any case the Traveller shall, before the date of departure, ensure that he /she has checked all relevant and updated information via the competent authorities.
All citizens will receive the corresponding information through their diplomatic representation at their intended destination and / or their official government information channels of their country.
Should the Traveller fail to obtain the information detailed in the previous paragraph, the Travel Organizer or Intermediary cannot be held responsible for the Traveller’s impossibility to depart.
The Traveller shall communicate to the Travel Organizer and/or Intermediary his or her nationality and, at the time of departure, he or she shall make sure of being in possession of all the necessary vaccination certificates, a valid passport and any other document which is necessary to travel into and out of the countries in the itinerary, as well as all the travel visas and the health certificates which may be requested.
Furthermore, the Traveller shall respect all the customary rules of diligence and caution and all the specific rules in place within the countries of travel, all the information provided by the Travel Organizer, and all the regulation and administrative or legislative provisions regarding the Travel Package. The Traveller will be liable for any and all the damages which the Travel Organizer and/or the Travel Intermediary may incur due to the non-compliance with the obligations herein, including any incurred repatriation expenses.
At the time of the booking of the Travel Package, the Traveller shall communicate in writing to the Travel Organizer any special requirements, which may be regulated by specific agreements if they can be satisfied.
However the Traveller is obliged, when making the booking, to inform the Travel Organizer and/or the Travel Intermediary about any requirement or special conditions (for example: pregnancy, food allergies, disabilities and so on) and to clearly specify the request for this personalized services.
14. HOTEL CLASSIFICATION
The official hotel classifications are provided on the basis of the official and explicit information received by the competent authorities in the countries where the hotels are located.
Where official classification has not been assigned to the hotels by the competent public authorities in the countries where the hotels are located, even if these countries are member states of the EU, such classification shall be established by the Travel Organizer on the basis of proper valuation criteria and quality standards.
The Travel Organizer is liable to the Traveller for the proper performance of the obligations under the Contract, irrespective of whether such services are to be performed directly by the Travel Organizer or other suppliers of services, unless the Travel Organizer proves that the failure to perform the Contract is attributable to the Traveller or such failures to perform the Contract are attributable to a third party unconnected with the provision of the services contracted for and are unforeseeable or unavoidable, or such failures are due to:
- unusual and unforeseeable circumstances beyond the control of the Travel Organizer or other supplier of services, the consequences of which could not have been avoided even if all due care had been exercised; or
- an event which the Travel Organizer or the supplier of services, even with all due care, could not foresee or forestall
The above shall not affect any right of action which the Travel Organizer may have against the Intermediary or those other suppliers of services.
16. COMPENSATION LIMITS
The applicable compensation limits, and the relevant periods of limitation, applicable to damage arising from the non – performance or improper performance of the services involved in the Travel Package are subject to the set limits, of the International Convention on Travel Contracts (CCV).
17. ASSISTANCE OBLIGATION
The Travel Organizer shall provide the Traveller with prompt assistance to Traveller in difficulty, applying professional diligence, exclusively in relation to their contractual and legal obligations.
The Travel Organizer and Travel Intermediary are not deemed liable for the non-performance or partial performance of the Contract when this arises from circumstances which are attributable to the Traveller, unforeseeable or unavoidable circumstances, unforeseeable incidents, or force majeure.
18. COMPLAINTS AND CLAIMS
The Traveller shall at the earliest opportunity and without unnecessary delay, in writing or other appropriate form, communicate to the Travel Organizer / Intermediary, any failure in the performance of the Contract so that the Travel Organizer / Intermediary may resolve the matter without further delay.
Notwithstanding the Traveller’s obligations stated herein, the Traveller shall however, file a claim by sending a registered letter with return receipt requested to the Travel Organizer or the Intermediary, within ten (10) working days from the date of return to the place of departure.
19. INSURANCE FOR CANCELLATION AND REPATRIATION EXPENSES
If not included in the price of the holiday, it is possible, and advisable, to take out a special insurance policy to cover expenses due to cancellation of the Travel Package, injuries/ healthcare, loss and/or damaging of baggage, at the time of booking at the Travel Organizer’s or the Intermediary’s premises. It is also possible to take out a special assistance contract to cover repatriation expenses in case of accidents or illness.
The Traveller’s rights arising from the insurance policies mentioned herein shall be exercised by the Traveller directly against the relevant insurance companies in accordance with the terms and conditions set forth in the relevant insurance policies. Travel Organizer / Intermediary, notwithstanding its assistance obligation, can refuse the request to Travel Package in cases where the Traveller cannot prove to be in possession of a suitable insurance policy covering health care and/or repatriation expenses.
20. Privacy and Data Protection
For the purposes of this Article 20, the ‘Traveller’ shall be referred to as ‘you / your’.
The Data Protection Act (Chapter 440 of the Laws of Malta) provides for the legislative framework for the protection of personal identifiable information in relation to processing of personal data. This processing of data is based on the principles of good information handling as delineated in Article 7 (a – (i), Part III of the Data Protection Act.
Evolution Travel hereby informs you that any personal data disclosed for the purposes of this Contract will be processed and stored by Evolution Travel in accordance with the rules and procedures described in the Data Protection Act. Appropriate measures are taken to protect the personal data from accidental destruction or loss or unlawful forms of processing. Any refusal on your end, to provide Evolution Travel with the necessary personal data, might hinder the possibility to conclude this Contract and to provide the Travel Package services.
Any such data may be disclosed to third parties and/or employees and/or subsidiaries and/or affiliates of Evolution Travel (for instance the competent authorities, the insurance companies, correspondents or Evolution Travel ’s local representatives, suppliers of services for part of the Travel Package services) for the performance of Evolution Travel ’s obligations under this Contract and to ensure proper execution of the Contract which is being signed between Evolution Travel and yourself.
Evolution Travel hereby informs you that you may request Evolution Travel or any other person processing your data on Evolution Travel ’s behalf to amend/remove any of the data which is not accurate, or which due to change in circumstances has become inaccurate. You hereby agree and understand that from time to time you may be asked by Evolution Travel to confirm the accuracy of your personal data as held by Evolution Travel and that Evolution Travel shall in no manner be held responsible for your failure to notify it of any changes in your personal data in accordance with the above –indicated procedure. The personal data in any case may be deleted at any time you request.
By signing this Contract you declare to have received complete information in relation to data processing under the Data Protection Act (Chapter 440 of the Laws of Malta). You also consent to the processing of your personal data in accordance to the provisions of the Data Protection Act (Chapter 440 of the Laws of Malta).
21. Schedules, Attachments, addendums, Applicable Law and Jurisdiction
Any schedules, attachments and addendums to this Agreement shall form an integral part thereof and shall be read, construed, understood and are 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 arising under this Agreement
GENERAL TERMS AND CONDITIONS TO THE CONTRACT FOR THE SALE OF SINGLE TOURISTIC SERVICES
A) LEGAL PROVISIONS
The agreements offering only transportation service, only accommodation services, or each other separate touristic service, being unable to be configured as a Travel Package, are regulated by the following provisions of the International Convention on Travel Contracts ‘CCV’ namely, art. 1, nr. 3 and nr. 6; art. 17 – 23; art. 24 – 31, (limitedly to the parts of these provisions that are not referring to the Travel Package Contract) as well as by other agreements specifically referring to the sale of each single touristic service. The Travel Organizer / Intermediary, including those instances where the sale of single touristic service is done via an electronic manner, is bound and will provide the Traveller with a copy of the Contract relative to the purchase of such single touristic services which the Traveller has paid for.
B) TERMS OF AGREEMENT
The following clauses of the General Terms and Conditions to the Travel Package Contract listed above, are also applicable to these type of single touristic services agreements namely: art. 6 section 1; art. 7 section 2; art. 13; art. 18.
The application of the above-mentioned clauses does not absolutely imply that the services being offered are a type of Travel Package. The terminology used in the clauses cited herein relate to the Travel Package Contract (ex: Travel Organizer, etc) and are to be understood with reference to the corresponding terminology used in the agreement for the sale of each separate touristic service (ex: Seller, Accomodation, etc).
C) LOCAL TRIPS
The trips, the services and the performances acquired by the Traveller whilst at the place of destination and not included in the Travel, Package price are extraneous to the object of the related agreement signed by Evolution Travel Ltd as Travel Organizer.
Therefore, no responsibility can be attributed to Evolution Travel Ltd as Travel Organizer or broker of touristic services, including in those cases where, as a courtesy, local residents, or correspondents would have taken care of booking such trips.
D) OBBLIGATORY INFORMATION IN COMPLIANCE WITH SUBSIDIARY LEGISLATION 499.24 OF THE LAWS OF MALTA:
The air carriers and those belonging to States adhering to the Montreal Convention of 1999 are subject to the following responsibilities:
- The carrier is liable for damage sustained in case of death or bodily injury of a passenger upon condition only that the accident which caused the death or injury took place on board the aircraft or in the course of any of the operations of embarking or disembarking.
- For damages arising under paragraph 1 above not exceeding 100,000 Special Drawing Rights (equal to about €120,000.00) for each passenger, the carrier shall not be able to exclude or limit its liability.
- The carrier shall not be liable for damages arising under paragraph 1 above to the extent that they exceed for each passenger 100,000 Special Drawing Rights (equal to about €120,000.00) if the carrier proves that:
(a) such damage was not due to the negligence or other wrongful act or omission of the carrier or its servants or agents; or (b) such damage was solely due to the negligence or other wrongful act or omission of a third party.
In the carriage of baggage, the liability of the carrier in the case of destruction, loss, damage or delay is limited to 1,000 Special Drawing Rights for each passenger unless the passenger has made, at the time when the checked baggage was handed over to the carrier, a special declaration of interest in delivery at destination and has paid a supplementary sum if the case so requires. In that case the carrier will be liable to pay a sum not exceeding the declared sum, unless it proves that the sum is greater than the passenger’s actual interest in delivery at destination.
The carriers belonging to Countries not adhering to the Montreal Convention might apply responsibility rules other than the ones mentioned above.
A synthesis of the main provisions regulating the responsibilities of the carriers collaborating with Evolution Travel is available upon request from our offices.
The name of the air carrier is specified in the passenger ticket; the eventual variations shall be communicated to the Traveller promptly, in compliance with Subsidiary Legislation 499.24 of the Laws of Malta.
The responsibility of the Travel Organizer vis-à-vis the Traveller, is and remains, regulated by the Consumer Affairs Act of the Laws of Malta and by the above General Terms and Conditions.
The below forms an integral part of the General Terms and Conditions to the Travel Package Contract.
Booking fee €40.00 per person and in the case of groups, €25.00 per person.
Technical Organization: Evolution Travel Limited, of 19, St. Mark Street, Valletta VLT 1362, Malta – Licensed travel agency in accordance with the provisions of Maltese law.
Tour Operators and/or Travel Agents Combined Liability Insurance – Policy Certificate Number TOTAHC001366 – in accordance with the provisions of Maltese law.
The validity of the packages offered can be seen on the Site.
The name of the carrier that will carry out / the flight / s is indicated in the online operating on the package chosen and will / year repeated in the travel documents and travel documents that are delivered before departure. Any changes will be communicated forthwith by Travel Organizer.
Official information of a general nature on foreign countries are provided by the Ministry of Foreign Affairs of the home country of the Traveller. Because such official information is subject to change and updates, the Traveller shall consult these sources before purchasing the Travel Package.
Any change requested by the Traveller after the confirmation of the services included in the Travel Package will be executed by Travel Organizer against a fee to the Traveller of EUR 65.00. In addition to this fee, the Traveller may also incur further penalties in relation to the cancellation of flights (such as special fees, instant purchase, low cost and scheduled flights) which will eventually be imposed by the Airline company involved.
The Traveller who needs to modify the Travel Package purchased or the name of / the beneficiary / ies of the Travel Package shall communicate this to Travel Organizer, and Travel Organizer will verify with third party providers the ability to make the required changes, subject to providing the Traveller with notice of any additional costs involved to make the requested changes. Third party providers may refuse the requested change or name change even if the request for a change was submitted by the Traveller within the time frame stipulated in Article 11 of the General Terms and Conditions. In such cases, the Travel Organizer will not be responsible for any rejection of the changes requested by the third party service providers. Such rejection by third party providers will be promptly notified by the Travel Organizer to the Traveller/parties concerned before departure.
The Traveller who withdraws from the Contract before the departure, except in those cases listed in Article 12 of the General Terms and Conditions and independently of any advanced payment made in accordance to Article 7 of the General Terms and Conditions and regardless of the payment of the costs, administrative costs, and/ or insurance premiums, will be charged the following penalties:
- The booking fee of €40.00 per person and in the case of groups, €25.00 per person
- The Premium for the Insurance Cover
The following percentages of the total fare of the Travel Package:
- 30% of the total fare if the cancellation takes place up to 46 calendar days before departure;
- 50% of the total fare if the cancellation takes place 45 to 31 calendar days before departure;
- 75% of the total fare if the cancellation takes place 30 to 16 days before departure;
- 100% of the total fare if the cancellation takes place 15 days prior to departure or when Traveller decides to terminate the trip or stay which has already started.
In addition to the percentages stipulated above, further penalties related to air tickets may be incurred such as special fees, instant purchase, low cost and scheduled flights.
It is also hereby specified that:
– any reference to days is always intended to refer to Calendar days;
– In relation to specific destinations, specific services, pre constituted groups or for specific travel arrangements, the above – mentioned penalties may be increased with major variations;
– In relation to specific touristic and non-touristic services, the penalties imposed may be a 100% of the total fare, at the moment the proposition or booking cannot be revoked, or upon the confirmation of booking by the Tour Operator, such penalties shall be specified in the documents relating to the out of catalogue programs or to the custom-made trips or to travels and services in general which are not fully or partially included in the present on-line catalogue.
– In any case, the Traveller who decides to terminate the Contract unilaterally (whether flights / transportation or accommodation or other services purchased) is not entitled to any refund of fees already paid.
– The above penalties should also be paid by those Traveller/s who could not make the trip due to missing or irregularities in the travel documents.
Evolution Travel ’s Travel Package programs are based on time schedules, exchange rates, airport and transportation fees and costs of the ground services, in force at the moment when the booking proposal is made. The exchange rates used for Evolution Travel’s Travel Packages are the ones established by the European Central Bank.
The price of the Travel Package communicated to you upon confirmation of the booking, may be increased up until 20 days before the departure date, solely in the cases specified in Article 8 of the General Terms and Conditions and any differences in the exchange rate from the rate which was applied on the day of confirmation of booking may have the following consequences:
- 75% on the total fare for scheduled flights;
- 65% of the total fare for charter flights;
- 100% of eventual supplements, independently of the type of travel;
- 100% in case of shares solely related to ‘ground services’
The above percentages will also be applicable in the case of pre-organised groups or ‘ad hoc’ travels unless such percentages are quoted differently in the applicable Travel Package Contract.
Any change in price will be communicated to you in writing by the Travel Organizer/ Intermediary within the above stipulated time frame.
It is possible to benefit from a service which will guard against changes in the exchange rate by making a payment of 40.00 euros per individual or 25.00 euros per individual in a group at the time of booking. This amount will not be refunded should the trip be cancelled.
Use of the Website and Intellectual Property
The information contained in this website should only be used for the services offered. The information provided on this website may not be reused, transmitted, published, reproduced, duplicated, modified, copied, sold, distributed or otherwise exploited for commercial purposes. The information contained in this website may be printed and/or downloaded for personal use only. Unauthorized use of this website and its contents constitutes a violation of applicable intellectual property laws.
This website should not be used in any illicit, illegal, fraudulent or harmful manner, or in connection with any illicit, illegal, fraudulent, or harmful activity. This website should also not be used to copy, publish or post illicit or illegal material or material that may give rise to legal actions under Maltese or any other applicable law. Any material that is copied, published or posted through this website should not be defamatory, obscene, indecent, denigrating, discriminating or provocative. This website should not be used to damage Evolution Travel or the suppliers of its products or services. This website may not be used in any way that causes, or may cause, damage to the website or hinder the website's availability and accessibility. If any of the above conditions are violated, we reserve the right to take appropriate action, including suspension or cancellation of your account, restriction of your access to the website or legal proceedings against you.
Evolution Travel reserves the right to modify or remove any material published on the website.
All references in this Policy to Evolution Travel Limited, “the Company” “we”, “us”, “our” and like terms should be interpreted accordingly.
This Policy governs your personal information which is processed as part of your relationship with us and, its collection, which shall include legal and regulatory compliance, personnel, security and operations management. It is important to us that you understand how we handle your personal information.
Kindly read this Policy carefully before sharing information with us. By using this website, you are agreeing to the terms of this Policy, our use, sharing and disclosure of information.
Who Are We?
Which Personal Information do we collect?
We collect two types of personal information: personal information that can be used to identify you and non-personal information.
Personal Information is that type of information relating to an identified or identifiable natural person, whom the latter can be identified, directly or indirectly, in particular reference to an identifier. This personal information is that which you voluntarily provide to us, for instance when you inquire about our products and services.
We may collect the following information:
- Name & Gender
- Marital status
- Date of Birth
- Identification Number
- Residential Address
- Telephone number
- Credit Card and payment information
- Mailing address & Email address
- Cookies and similar technologies
- Travel and accommodation details
- Special Travel requests, which may include details re health issues or physical conditions.
- Any other information that you elect to provide to us or that we may request
In the process of collection of personal information, you should be aware that there may be instances in which the personal information provided by yourself to us is considered as “Special Category Data” which may include among others, personal information for the determination of the individual’s racial or ethnic origin, political opinions, religious beliefs, physical or mental health or judicial data.
Procedure for the collection of Your Personal Information
Your personal information may be collected or accessed in a number of ways including:
- Directly from yourself (whether directly or verbally)
- Generated by us in correspondence etc.
- Received by third parties in relation to the services provided by ourselves following your permission, which may be obtained directly from you or indirectly through your actions. In such instances, we will make sure that such third parties are entitled to disclose such information to us.
Collection, Use and Disclosure
We may collect Non-personal information to analyse trends and to gather other demographic information. Personal information is collected for our legitimate purposes and for any purposes we may disclose to you at the time of collection. We will make sure that your personal information is processed fairly and lawfully, and only to the extent necessary as may be allowed in terms of law, or in terms of our agreement or our terms and conditions. Personal Information may be processed:
- to provide you with our services requested and, any ancillary services related thereto;
- to communicate with you and to fulfil your requests for our products or services;
- to improve our products or services where possible;
- for customer service purposes;
- for marketing and promotional purposes, including remarketing;
- to conduct research;
- to provide information that we believe may be of interest to you;
- to enforce the legal terms that govern your use of our Website, and/or for the reasons specific to the type of collection of information.
Disclosure of Your Personal Information
Your personal information may be disclosed with our employees, travel agents and consultants, our subsidiary companies and any other third parties which may require such information in order to be able to assist us in handling the relationship which we have with you. When we share your personal information with such third parties, we make sure that such parties make use of this data in a manner which ensures safety and security to your personal data. We will not sell or rent your personal information to third parties for marketing purposes without your consent.
We may further disclose personal information when lawfully requested by public authorities including information based on law enforcement requirements such as credit card processing and fraud prevention.
Restriction of Processing of Personal Information
We recognise your right to restrict the processing of personal information where one of the following applies:
- You contest the accuracy of the personal information for a period, enabling you to verify the accuracy of the personal information or;
- Th e processing is unlawful, and you oppose the erasure of the personal information and request the restriction of personal information or;
- We no longer need the personal information for the purposes of processing or;
- You have objected to processing pending the verification whether our legitimate grounds override yours;
When your consent is required for the collection, processing and disclosure of personal information, we will ensure that such consent is freely given and is unambiguous. Furthermore, subject to legal or contractual restrictions, you may withdraw your consent to the processing of your personal information. Any communications with respect to such withdrawal or variation of consent shall be in writing and addressed at privacy@evolutiontravel. eu
Accuracy, Access and Rectification of Your Personal Information
We will employ reasonable means to keep your personal information accurate, complete and up to date for its intended use, however you must immediately inform us, if and when, your personal information changes.
In so far as your personal information in concerned, you shall have the right to receive confirmation that your personal information is being processed and may request access to the said personal information. You may further request a copy of such information obtained by ourselves - such request may be made verbally or by electronic means. We will provide a copy of such in a commonly used electronic form.
Provided however, your right of access to personal information is not absolute. Where applicable law or regulatory requirements allow us to refuse to provide such personal information we shall reserve our right not to respond. Where it is impossible to provide you with access to your personal information, we will provide reasons as to why this is not possible, subject to any legal or regulatory restrictions.
You may review your personal information which we hold on yourself for you to be able to verify the lawfulness of the processing carried out by ourselves. When you become aware of any inaccurate or incompleteness in their personal information, you are to inform the Company for rectification. Where it results that there is inaccurate information, we will amend such information with the alternative text that you believe that it is accurate. Furthermore, we shall take all the necessary steps to inform any relevant third parties which hold the inaccurate information to rectify accordingly.
Your Right of Erasure
Unless we are obliged by law to retain your personal information, you may ask to have your information concerning you to be erased and on such demand, we will take all the necessary measures to erase all personal information concerning you without undue delay.
International Transfer of Personal Data
Where we allow contractors or third parties to process your personal information outside the European Economic Area, we will make sure that there are the proper safeguards in place so as to ensure that your personal information is subject to the same standards, security and protection as when processing your personal information inside the European Economic Area.
Protection, Storage and Retention of Personal Information
Safeguarding the privacy of your personal data is of utmost importance to us. Personal Information is retained on our servers in Germany and in other European countries. We will use appropriate administrative, technical and physical measures to safeguard your personal information against loss, misuse, theft, modification, disclosure or destruction. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data. We restrict access to personal information to Evolution Travel Ltd.’s employees, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.
We will retain your personal information for as long as we believe that such information is necessary to fulfil the purposes for which the personal information was collected, except as otherwise allowed or required by applicable laws and regulatory requirements.
When we consider that such personal information is no longer required, we will remove any details that will identify you or destroy any records in relation to yourself.
You may sign up for our periodical newsletter by opting in to receive such newsletter via our website, and by further confirming your consent to such newsletter by clicking on a link which is sent to you via email. You may decide to unsubscribe to our newsletter at any time by selecting the ‘unsubscribe’ icon on our website. We may also send you transactional, technical or other service notifications from time to time.
Links to other Websites
When you access other websites from hyperlinks on our website, we have no control over the content of those websites.
Changes to this Policy
Please note that this policy may change from time to time. All updates will be published on the Website and, if the changes are significant, the changes will be posted on the Website and on this page thirty days prior to taking effect. Each version of this policy will be identifiable at the top of this document by its effective date and version number. We encourage you to refer to this policy periodically.
Complaints and Concerns
If you have any concerns with regards to our privacy methods and processes, you have the right to contact us by e-mail to make a complaint at email@example.com. Your concerns will be dealt within the shortest time possible. In case you are not satisfied with our response, you may contact the Office of the Information and Data Protection Officer. You can find the details about how to do this on the IDPC website at https://idpc.org.mt/en/Pages/contact/complaints.aspx
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