Article 1 – General Provisions and Definition of Terms
- Parties: These Terms & Conditions regulate the legally binding relationship between us, the private limited company Totally Travel Services Ltd., Company ID No: 20296, with a registered office at Totally Travel Services Ltd., Nazju Ellul Street, Gzira, GZR1629, Malta (hereinafter referred to as “totallytravel.mt”, “We”, “Our, “Us”), and you as our Customer (hereinafter referred to as “You”, “Your”, “Yourself”).
Definiton of Terms:
The terms in BOLD listed below, and used throughout these Terms & Conditions refer to the following:
- Booking: means the purchasing process of selected flight(s):
- Your selection of the flight(s) listed on totallytravel.mt.
- Completing the information required in the online form on totallytravel.mt,
- Your acceptance of the Terms & Conditions stated hereunder and our immediate performance of Services;
- Sending us the completed online form,
- And making the payment of the full price through the appropriate payment method
- Contract of Carriage: means the agreement of carriage and related services concluded between you and the Selected Carrier(s).
- Destination: means the airport or train station you choose from the offers listed on Our Website. The Carriage to the destination can also be arranged for two or more flight connections. We reserve the right to change any of the interim destination(s) displayed in your booking if it does not affect your ability to reach your final destination.
- Flight or Flights: means an offer of carriage by air or by train to the destination via a selected carrier(s). “Flight” can also be used to mean two or more flights to carry you to your destination.
- Flight Connection (s): means a form of carriage wherein you will need to exit the plane or train and either change planes or trains, or re-board, in order to reach your destination. In some cases you may also need to change the airline when changing the plane.
- Flight Delay: means a change in flight schedule due to which you will not have sufficient time to change planes or trains for flight connection(s). The assessment of reasonable time limit for changing planes or trains for flight connection(s) will be done individually and in accordance with the specific standard transition times provided by the airport or train station.
- Full Price: the price that we charge you for the provision of Our Services and the price for the flight ticket(s) and other related services (e.g. priority boarding, additional luggage, meal, etc.) you ordered with the booking.
- Additional Services: means the services provided by us related to your flight(s) which consist of arranging the services that are offered by the selected carrier(s) and/or any other third party, such as preferred meals, checked luggage, preferred seat selection, flight/passenger’s name change, flight cancellation, priority boarding, etc.
- PNR: The Passenger Name Record is a code identifying flight reservation(s), passenger and itinerary information.
- Selection Carrier: means the airline or train providing the services of carriage. Your flight(s) may include the services of two or more Selected Carriers – where this is the case, the term Selected Carrier will be used to mean the airline or railway company carrying you across the relevant part of your route.
- Service or Services: means the brokerage services directly related to the carriage of you and your luggage to a destination which we provide you in accordance with these Terms & Conditions and the Service Agreement for the pre-arranged and agreed fee, included in the full price.
- Service Agreement: means the agreement on the provision of the services concluded between you and us. The purpose of the Service Agreement is to set forth the contractual relationship between you and us on the basis of which we will provide you with the services related to your flight(s) to the chosen destination with a selected carrier for the full price.
- Terms & Conditions: means Our Terms and Conditions stated herein
- Website: means the website located at totallytravel.mt including any subdomains.
- No Check-In Baggage Booking: means a booking itinerary of one or more flight(s) which is specially construed and offered to you under the condition that you cannot have any other baggage than a carry-on luggage as defined and limited by each of the Selected Carriers.
You must provide us with complete, accurate and correct information and all data necessary for our provision of the services to you. It is your responsibility to ensure that all the information is correct and updated at the time of booking, still valid and complete at the time of your travel. We are not responsible for any damages, additional costs or any other issues or complications, which may arise as a result of your failure to provide us with complete and accurate information during the booking process.
- We retain any, and all, rights to our website and its content; including software processes, algorithms, user interfaces, technologies, designs and other tangible or intangible technical materials or information made available to you by us throughout the provision of the services or by using our website. Unless expressly set forth herein, no expressed or implied license or right of any kind is granted to you regarding the Services and/or our website, or any part thereof, including any right to obtain possession of any source code, data or any other technical material relating to Our Website. All rights not expressly granted to you herein are reserved to us. Furthermore, all copyrights, trademarks, design rights, database rights, patents and other intellectual property rights (registered and unregistered) in and on website belongs to us and/or third parties. We do not grant you the right or licence to use any trademark, design right, database right, copyright or any other right regarding the content in or on a website owned or controlled by us or any other third party except as expressly provided in these Terms & Conditions.
- Trademarks: The Trademarks, logos, and service displayed on the website are registered and unregistered trademarks of their respective owners. All trademarks related to the operating airlines, railway companies and other third party providers that are displayed on the Website belong to their respective owners and we use these Trademarks solely for your convenience. Your misuse of the Trademarks displayed on the Website or any other content on the website, is strictly prohibited.
Article 2: Service Agreement
In order to remain in full compliance with all applicable national laws and regulations of the European Union, by this article we provide you the mandatory information before entering into the Service Agreement.
Our services shall consist of the following:
- displaying the offered flights and their combinations on our website;
- brokerage of the contract of carriage between you and the selected carrier;
- delivery of the flight tickets (itinerary) for the selected flight(s)
- performance of online check-in (in the event that is available and/or is stated in your e-ticket) with regard to the respective flight(s) within your booking.
Additional Services could consist of arranging voluntary flight(s) alteration, change, cancellation, processing of the refunds of any kind with the selected carrier and/or processing of any part of your request regarding your booking. These services are charged an additional handling fee, which will be charged separately or will be deducted from any refunds. Please note that we are not obliged to provide you with additional services, however, we may assist you in a reasonable manner with the processing of such requests(s). Please note that the optional services may also be subject to additional charges imposed by the selected carriers or any other third parties providing the additional services.
Means of distance communication and costs.
We will not charge you any extra costs for the use of means of distance communication that we use in order to communicate, negotiate and enter into the Service Agreement with you, i.e. there are no service charges for our communication with you via the internet or over the telephone.
Service Agreement and Contract of Carriage as two separate legal legal relationships.
You should note that by the completion of the booking, you are entering into two separate agreements: (i) the service Agreement concluded with us and (ii) the Contract of Carriage for air transportation concluded with the Selected Carrier(s). These two legal relationships are mutually independent, concluded with different parties, regulated with different rules, terms and conditions, and usually are governed by different legal orders. The circumstances under which you may withdraw from and/or amend the Service Agreement are explicitly stated in these Terms & Conditions.
Proof of conclusion of the Service Agreement.
In accordance with the EU Directive (2000/31/EC) on eCommerce and its national transpositions, as applicable, please be informed that the confirmation e-mail of Your Booking is the proof of the conclusion of the Service Agreement between you and us.
Techincal Steps to enter into the Service Agreement with Us/Data Correction.
Our website contains an interactive web interface through the use of which the Service Agreement between You and Us and is concluded by completing and sending us the online order form and making online payments. Before sending the online form, you are able to check, change and correct any data you have entered.
Code of Conduct:
Throughout the provision of Our Services, we always comply with all applicable laws and regulations of Malta and the European Union and our internal principles of customer satisfaction and rules for personal data protection.
The prices quoted on our website include the base fare to the destination, airport charges, fuel charges, VAT and fee for our services. All these components of the quoted price are displayed as a single price. However, given the character of our services, our prices cannot include any extra fees charged by the selected carrier, or any other third party in connection with the carriage to the destination.
Service Agreement Conclusion:
By concluding the service agreement, we undertake to perform our obligations related to the provision of the services under these Terms & Conditions and you undertake to pay us the full price. By completing a booking, you accept our offer and enter into the service agreement with us. You also authorise us to use your personal details for the purpose of the creation of a virtual card which will be used solely for the purposes of financial settlement with the selected carrier(s).
Change or cancellation of the Flight(s).
We reserve the right to change or cancel any flights and/or intermediarey airport that we offered if a selected carrier’s offer changes; especially if the change concerns the features of the flight tickets you have selected, namely when the price of your selected flight(s) increase between the moment we accept your booking an the moment we complete the reservation processing. If during the provision of Our Services, the conditions of carriage are changed by a Selected Carrier in the aforementioned manner, we will notify you accordingly in a reasonable manner and make every effort to offer you reasonable alternative carriage options.
Immediate Performance of the Service Agreement and 14-Day no Withdrawal Period.
Given the character of our services, which we will start providing immediately after the conclusion of the service Agreement with you, i.e. before the expiration of the 14-day withdrawal period according to EU legislation, you shall not withdraw from the Service Agreement within a 14-day period after its conclusion, or at any time thereafter, even in the case you are a citizen of an EU member state to whom this right generally applies. Your order made via conclusion of the Service Agreement will be considered as your request for the immediate provision of Our Services.
Brokerage of the Contract of carriage.
We are responsible primarily for brokering the Contract of Carriage between you and a Selected Carrier. By making a booking, you instruct us to broker a Contract of Carriage between you and a selected Carrier. The consent of any such Contract of Carriage will be determined by your selection of the destination and other flight attributes and the Selected Carrier’s conditions of carriage. A brokered Contract of Carriage can be applied to the carriage of more than one person and/or a person(s) other than yourself, however, the Contract of Carriage is always included between the person making the booking and the Selected Carrier. We must broker the Contract of Carriage for you straight after our acceptance of the payment. For this purpose you are entitling us to act on your behalf with the Selected Carrier (s). Please note that the Service Agreement between You and Us and the Contract of Carriage between You and the Selected Carrier(s) are two seperate agreements.
Flight ticket Delivery.
We will send you the e-ticket(s) with the respective PNR for each flight purchased via the email address that you entered in the online order form during the booking. We are not liable for faulty delivery or non-delivery of e-ticket(s) for a flight, if caused by circumstances on your part such as entering an incorrect email address or incorrect email settings. You must notify us without unde delay of any changes to your contact information that may affect our ability to deliver the ordered flight e-ticket(s) to you. Please print out the flight e-ticket(s), boarding pass(es), visa(s), and a copy of your passport and/or other travel documents required by the Selected Carrier(s) and/or relevant authorities and bring them with you to the airport or train station.
Article 3: Fees, Costs and Charges
the full price displayed on Our Website is the final price for the flight ticket(s) and it includes the base fare to the Destination, the airport charges, fuel charges, VAT and price of Our Services. However, it does not include other fees, charges or payments for services related to your carriage under the Contract of carriage, which are provided by the Selected Carrier(s) and/or third parties, such as additional services, tourist taxes, banking fees, visa fees, airport transfer fees, etc. YOu must pay with a payment card by entering the required data in the relevant online form. Until we receive the payment confirmation, we are not obliged to commence the provision of any Service(s).
Article 4: Planit Assistance – Delays and Cancellations
In order to bring you the best possible service, we offer you an exclusive and unique flight change, delay and cancellation policy, called the Planit Assistance.
The aim and scope of the Planit Assistance is to make your journey as smooth and comfortable as possible. For this purpose, we shall offer you a reasonable alternative flight(s) is/are rescheduled, delayed or cancelled, we shall offer you a reasonable alternative flight(s) or other means of transportation to your destination, or a refund of the price you paid for all the unused flight(s). By the virtue of the terms and conditions stated herein, we provide you with a guaranteed solution to the situation(s) stated above, which may negatively impact your journey to your destination.
However, please note that the Planit Assistance may only apply in cases when your flight(s) is/are rescheduled, delayed or cancelled due to factors which can occur in the standard course of air transportation. Given this, the Planit Assistance can be applied with limited effect in situations of the impact of force majeure. Furthermore, the Planit Assistance cannot be we activated where you make any changes to the flight schedule(s) without our previous approval or through our customer service department.
Planit Assistance: In particular, the scope of the Planit Assistance is split into two categories, based on severity:
Scenario A (More than 48 hours before departure)
Planit Assistance applies only to
applies only to a Flight Disruption announced more than 48 hours prior to departure of the first concerned Flight affected by the Flight Disruption (hereinafter referred as “Scenario A”).
In this case, if You learn about a Flight Disruption under Scenario A You must inform Us of such a Flight Disruption without undue delay by e-mail. Should You fail to inform Us about such Flight Disruption(s) without undue delay, You will not be entitled to the Kiwi.com Guarantee. In case, We are informed first about the Flight Disruption according to Scenario A, We will contact You within a reasonable time after We learn about such Flight Disruption(s).
After We have been informed about the Flight Disruption(s) according to Scenario A, We will offer You the following solutions (as available), from which you may select one solely at Your discretion:
When we have been informed about the flight change(s) or cancellation(s), we will offer you one of the following solutions solely at our discretion:
- We will search for alternate transportation to Your Destination. Should We find an alternate of the price not exceeding the price You paid for all the unused Flight(s), We may offer You (an) alternate Flight(s) or other means of transportation to Your Destination at no additional cost to You. We may also offer You the alternate of the price exceeding the price You paid for all the unused Flight(s), when the difference between the price of the offered alternate and the price of unused Flights must be paid by You, if selected. In case We are unable to provide You with the offered alternate Flight(s) or other means of transportation for You online, upon Our confirmation You may purchase ticket(s) for alternate transportation to Your original final destination, as agreed upon by Us and You, at the airport or other place of transition and, at Our discretion, We may refund You the pre-agreed price of such ticket(s) up to the price You paid for all the unused Flight(s) under the conditions given in Art. 5 hereof. Please note that You are always obliged to contact Us and obtain Our confirmation before purchasing ticket(s) for the alternate transportation on Your own, otherwise You will not be entitled to the refund of its price hereunder. Please note, that any extra services or further upgrades to the agreed-upon alternate ticket(s) will not be covered by Us.
- We may offer You a refund of the price You paid for all the unused Flights under the conditions specified in Art. 5 hereof.
You are obliged to reply to Us promptly after receiving Our information about the offered solution(s), but in all cases at the latest within any reasonable time before the time of the scheduled departure of the first Flight of Your itinerary. Please note that Our offer may be changed due to availability of the offered solutions. After the time of the scheduled departure of the first Flight of Your itinerary, if not accepted by You, this offer is null and void, thus You will not be entitled to the Kiwi.com Guarantee subsequently in this matter.
Scenario B (Less than 48 hours before departure)
The Planit Assistance applies only to a a Flight Disruption announced less than/equal to 48 hours prior to the departure and/or after departure of the first concerned Flight affected by the Flight Disruption (hereinafter referred as “Scenario B”).
In this case, if You learn about a Flight Disruption under Scenario B, You are obliged to inform Us of such a Flight Disruption without undue delay by telephone or email. Should You fail to inform Us about such a Flight Disruption without undue delay, You will not be entitled to the Kiwi.com Guarantee. In case, We are informed first about the Flight Disruption under Scenario B, We will contact You within a reasonable time after We learn about it.
After We have been informed about the Flight Disruption under Scenario B, You may choose one of the following solutions (as available) at Your discretion:
- We will search for alternative transportation to the Destination and should We find a reasonable alternative transportation We will offer You an alternative Flight(s) to the Destination entirely at Our expense. In case We are unable to buy the offered alternative Flight(s) for You online, upon Our confirmation, You can buy the respective ticket(s) for the alternative transportation to Your original final destination, as agreed upon by Us and You, and We may refund You the pre-agreed price of such ticket(s) under the conditions in Art 5. hereof. In case We are unable to find a reasonable alternative Flight(s), we may agree with You on Our proportional contribution to the costs associated with the mutually agreed alternative transportation. This option will be determined and agreed on a case by case basis. Please note that You are always obliged to contact Us and obtain Our confirmation before purchasing ticket(s) for the alternate transportation on Your own, otherwise You will not be entitled to the refund of its price hereunder. Please note that any extra services or upgrades to the agreed upon alternative ticket(s) will not be covered by Us.
- We may refund You the price You paid for all the unused Flights under the conditions specified in Art. 5 hereof.
You are obliged to reply to us about your choice promptly after receiving our information about the offered solution, but in all cases at the latest within 24 hours, or within any shorter reasonable time before the time fo the scheduled departure of the first following flight. After the lapse of these 24 hours or any other shorter term for replies, the offer expires and you are no longer entitled to the Planit Assitance in this matter.
Special Optional Services
The services specified below may apply when Scenario B occurs within our Planit Assistance, or we include such services while providing you with an alternative flight(s) as an offered solution within Scenario A, or in other cases when we choose to provide you with these services. These services can be activated by our customer service department when you contact them due to a flight delay or cancellation. You have no legitimate claim for the provision of these additional services as any of these services as any of these services are solely at our discretion and need to be pre-agreed once you contact our customer services department. Please note that in the case of activation of these additional services you will need to cover the expenses for utilisation of these additional services and provide us with a receipt(s) proving your expenses. We will refund your costs on the basis of such receipts up to the amount specified below
- Overnight Accommodation: This option may become available if:
- Your flight has been delayed or cancelled at short notice leaving you strandes at the airport or train station for the night;
- Your alternative flight connects after midnight (12am);
- You would need to stay at the airport or train station for more than 8 hours;
The accommodation can also be provided by us if:
- You have accepted a change offered by us for a flight departing the next day and
- You have accepted our offer to book a hotel room on your behalf on our expenses.
- Alternative Transport – Should we be unable to book you a flight connection because
either all reasonable flight(s) are sold out and/or no such journey exists for the day in question.
We may look at nearby airports or train stations for alternative flight options. Should this occur, and under the condition that all costs are pre-agreed through our customer services department, we may contribute towards your cost of the chosen method of transportation for the transfer between airports and/or train stations. This may include: train, coach or taxi and will include all passengers on your itinerary booked through us. The maximum limit for this alternative transport will be €100, inclusive of all passengers.
3. Meal & Beverage Compensation – Should your flight connection be delayed by more than 4 hours, we are willing to cover the costs of the refreshments up to a total of €10 per passenger booked on your itinerary through us.
Should you be offered any of the aforementioned alternatives by the selected carrier, we are absolved of all responsibility to further compensate and/or reimburse you.
4. Alternative flights(s) minimum booking processing time. Please note that in cases where we book alternative flight(s), we are able to arrange the bookings with the respective carriers within the minimum required time for booking processing of these flight(s) equal to 8 hours. Should you be provided from our side with the option to choose alternative flight(s), please be informed that we will make our best efforts to arrange this bookings within the shortest reasonable time, however, we are not able to guarantee you booking of the alternative flight(s) departing sooner than 8 hours after your initial contact with our customer service in order to select your alternative flight(s) option.
Article 5: Planit Assistance Optional Services – Refunds, Exceptions, Limitations, Claim Recovery
Planit Assistance Refund Policy
We guarantee to refund you the full or partial price of the flight ticket(s) to your destination, subject to meeting the following conditions:
- The purchased flight tickets must be for a flight offered to you by us. If you make any changes to the schedule of the flying route, without our assitance (directly with the airline without our previous approval), the Planit Assistance is null and void, and thus, you will not be entitled to any refund from us;
- We must receive your request for a refund within 14 days of the date when you were supposed to arrive at your destination according to the original flight schedule;
- Along with the request for a refund, you must submit to us an unequivocal and intelligible copy of the receipt of payment and the ticket for an alternate flight or other means of transportation. At least one of these documents must contain intelligible flight data (specifically the date and time of the flight(s) and the place of departure and arrival), price information and the passenger’s name;
- Should an alternative flight or other means of transportation not be offered by us, we will refund you the full or partial price which was originally paid for your journey under the conditions stipulated herein. In this case, if your journey consists of more than one leg, and you have already utilised certain flight(s), we will refund you the original price of the unused flight(s). The eventual refund of the original purchase price paid for the respective flight(s) will be used and consumed against or the expenses spent on the alternative flight(s)/refunds in relation to the provision of our Planit Assistance.
If you, after entering into the Service Agreement with us:
- Make any changes to the schedule of the purchased flight(s) other than through us; and/or;
- Make any changes within the contact details with any one of the selected carrier(s) in relation to your booking; and/or;
- Make any changes to your no check-in baggage itinerary, in particular you add baggage to your itinerary or make any other changes to your flight(s);
Our offer of the Planit Assistance will automatically expire and you shall have no claim whatsoever. This provision does not preclude you from buying an alternate flight(s) – if you do so in compliance with these Terms & Conditions, Our Planit Assistance will remain valid and claimable. On the contrary, should you amend or alter the schedule of the original fligtht(s) ordered in the booking without first confirming with our customer service department and seeking their approval, the Planit Assitance will become invalid and will be absolved of all responsibilities in case of any issue that may occur during your journey.
Planit Assistance – Force Majeure.
- Please be informed that the Planit Assitance does not apply to cases of flight delays, change or cancellation caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had beene taken.
- Such circumstances may, in particular occur in cases of political instability, meteorological conditions incompatible with the operation of the flight concerned, security risks, unexpected transport safety shortcomings and strikes that affect the operation of an operating carrier, significant limitation of airport(s) and/or train station operation, as well as bankruptcy, insolvency or termination of 5 0% or more of all flights of the Selected Carrier or any other effect which significantly limits or disables the Selected or operating Carrier to provide its services (hereinafter referred as “Force Majeure”).
- Please note that although we have no obligation to provide you with Planit Assistance in these cases, we will do our best to offer an alternative flight(s) and/or other alternative transportation to eliminate inconveniences.
Limitation of Planit Assistance
Flights and Flight Connection(s) issued as one airline e-ticket (PNR). The Planit Assistance does not apply to a single flight and/or flight connection(s) identified by one airline e-ticket (PNR). Carriers servicing these flights and flight connection(s) are completely responsible for all possible issues connected with them. Although we are not obliged to get involved in such scenarios, we will do our best to assist you in contacting the selected carriers or airlines directly. Please note that in case you miss any flight within flight connection(s) with one airline e-ticket (PNR) you may not be allowed to use any of the following flight(s); you need to check the policy of each of the airline as we are not responsible for any inconveniences that you may incur in relation to this matter.
If you are entitled to receive a refund of the full or partial price, it will be refunded using the same payment method as the one used to pay us the full price. This can take up to 10 working days. Please note that flight(s) fares contain different elements and not all of them are refundable, so even when you meet the requirements of the airline for the refund, the refunded amount will not be same as the full price paid for your booking. In the event that you wish to cancel or change your flight(s) which are non-refundable and non-changeable, you may still claim a refund for certain airport taxes which are included in the fare for the specific flight(s).
Assignment of the claims against the Selected Carrier(s).
Upon your application for the Planit Assistance, you assign all your rights, titles and claims against the Selected Carriers arising in connection with the provision of our services based on Regulation (EC) No. 261/2004 of the European Parliamnet and of the Council of 11th February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or a long delay of flights, and repealing Regulation (EEC) No. 295/91 (hereinafter referred as the Claim) to us, and you agree to provide us with all reasonably required assistance in order to enforce the claims and otherwise mitigate its exposure to liquidated damages hereunder.
Furthermore, you undertake to provide all reasonably requested documentation in order to enable us to enforce, challenge or otherwise process any and all claims. You hereby acknowledge and agree that the assignment of the claim(s) and related cooperation undertaking are a prerequisite to our obligation to process your request. Should the amount of the successfully enforced claim(s) exceed our expenses spent on the solution of your situation provided upon your application for the Planit Assistance, we will transfer you the amount of the enforced Claim(s) funds exceeding our expenses.
Article 6: Conditions of Carriage
- You acknowledge that a Selected Carrier’s terms & Conditions and conditions will apply unconditionally to your contractual relationship with the Selected Carrier and that you must make yourself aware of such terms and conditions as well as conditions of carriage before the Service Agreement is concluded and you complete the booking. By concluding the Service Agreement you hereby acknowledge that the flight(s) included in your booking may not be part of the “frequent flyer programs” of the Selected Carrier(s). This article also applies to terms and conditions of the airlines/railway companies which are offered to you based on i) application of the Planit Assistance or ii) voluntary change of the booking based on your request.
- We will provide you with all necessary documents for your journey. However, it is your responsibility to check that all documents have been received and are in order. We are not responsible for any issues arising due to failure to ensure that you have all the correct and adequate passport with sufficient validity (at least six months), visas, or other travel documents required by any airline, authority, or the destination, including countries you may only be transiting through. If you have not received any documentation from us, or you believe that some of the documentation is missing or inaccurate, you must contact and inform us immediately and we will make our best effort to provide you with all the necessary documentation.
Article 7: Flight Connection(s) Arrangement
- In some cases with flight connections, or carriage to the destination and back, the carriage to the destination is arranged so that you receive the relevant one-way ticket (or tickets) for each part of your route, please be aware that:
- Each flight may be subject to different rules, especially if operated by a different airline;
- When changing planes or trains, you need to collect your luggage and have to personally check it in for the next flight; if you do not use a transfer/transit flight but a seperate one-way flight, they are sometimes operated by a different airline.
- Once in the airport or train station, it is your responsibility to ensure that you catch the relevant flight connection based on all information available fat the airport or train station surrounding gate changes, terminals, transit time to gates etc. We are not responsible for any issues arising from you missing a flight connection and/or taking an incorrect flight.
Article 8: Administrative Formalities/Governing Laws/Amendments/Fraud
- Visas: We are under no obligation to advise you to obtain visas, nor assist you in obtaining visas for you to the destinations that you will visit and/or pass through en route to your destination. However, we do generally advise you that some of the destinations may require a visa and that it is your responsibility to obtain the required visas early enough, and at your own expense. Please note that when using flight connections you may be required to obtain transfer visas even in order to check-in for the connecting flight.
- Severability: If any of the provisions of the Service Agreement is found to be invalit or ineffective, the other remaining provisions shall remain fully valid and effective to the extent that they are not dependant on such an invalid or ineffective provision. In such an event, any invalid or ineffective provision shall be replaced with a new, valid and effective one which corresponds to the intent and purpose of the provision that is being replaced.
- Governing Law: The Service agreement and any legal relations established under it or derived from it, including issues of its formation and validity, shall be governed by the laws of Malta with the exclusion of any rules on conflict of laws.
- Force Majeure: In case we are not able to fulfil any of our contractual or other obligations towards you, due to reasons of force majeure, including, but not limited to factual, technical, political, economic, meteorological and other unexpected circumstances that Totally Travel Services Ltd. cannot reasonably resolve, we are exempt from any derived legal responsibilities arising for such deficiencies or non-compliances related to the effect of force majeure.
- Amendments: We reserve the right to amend these Terms & Conditions at any time, and without prior consultations with our customers. These Terms & Conditions are valid and effective from the time when you send us a completed online order form via our website and will apply to the respective Service Agreement. Please be advised that these Terms & Conditions may have changed by the time you choose our services again, and you should read them carefully before requesting the order of our Services.
- Information about the full price is provided as final and binding with the exception of an apparent error in the amount of the full price; in the cases of apparent errors in the full price, we are entitled to unilaterally withdraw from the Service Agreement without further notice.
Article 9: Discharge/Extinguishment of Obligations
- Discharge by performance: Your obligations and our obligations under the Service Agreement will be discharged, and the Service Agreement performed, when you pay the full price and we provide the Services to you.
- Extinguishment by default: If we fail to broker the Contract of Carriage for you within 48 hours after we accept your payment of the full price, we will contact you. We will try to offer you an alternative solution, and either you or us may withdraw from the service agreement. In case you or us withdraw the Service Agreement, you will be entitled to refund the full price. If we agree on an alternate flight or another combination of flights to your destination, the full price may change.
Article 10: Liability for Damage
We are not liable for any damage, harm or loss arising out of any actions or omissions of a Selected Carrier or other third parties in connection with carriage to the destination. Nor we are liable for any damage, harm or loss arising out of your actions and omissions that are contrary to these Terms & Conditions
Article 11: Dispute Resolution
- In cases of disputes, the courts of Malta shall have complete jurisdiction over all disputes arising between you and us.
- According to EU legislation, all consumers residing in EU countries are, prior to filing any legal actions with a court, pursuant to Act No. 634/1992 Coll., on Consumer Protection, as amended, entitled to commence out-of-court settlement of their dispute with us, provided that any such dispute between an EU consumer and us has not been successfully settled directly.
- Pursuant to the EU regulation No. 524/2013, EU consumers are also entitled to commence the out-of-court settlement of consumer disputes online through the ODR platform for the online resolution of consumer disputes accessible at (ec.europa.eu/consumers/odr).