1. Travel contract
1.1. The contract is realized as a result of acceptance by the traveller of the offer of Malika Travel. The day of receipt of the application form filled in by the customer is the day of start of the contract. This form needs to be send back to Malika Travel by email. After the contract is realized, the traveller will receive confirmation of this as quickly as possible. The traveller is urgently requested to check the details and correct spelling of names according to the passports. The traveller needs to inform Malika Travel about any errors or necessary changes within 2 working days, otherwise possible amendment costs can be charged.
By sending back the application form the traveller agrees with the terms and conditions of Malika Travel.
1.2 A person who enters into an obligation in the name of or on behalf of another person (the booking party) is jointly and severally liable for all the obligations arising from the contract. This person must also indicate any details which could be of importance to the proper realization of the travel package by Malika Travel in terms of the capacity or composition of the party for which he/she has made a booking.
(e.g. age, disability, diet). All communication (including payment) between the traveller(s) on the one hand and Malika Travel on the other hand will take place exclusively through the booking party.
1.3 In case of any preferences mentioned by the traveller at time of booking, Malika Travel will try her best to take them into account. However there can be no rights derived from it, despite possible entry on travel documents and booking forms.
1.4 The days of departure and arrival are counted as full days in the travel program, regardless of the departure and arrival times. Incidental or structural changes in timetables and flight schedules of carriers could be influencing the length of the trip. The traveller has no rights on partial refunds of the total travel sum by Malika Travel, in case of changing departure times due to mentioned causes. These risks might only be covered by travel- and/or cancellation insurances of the traveller. Malika Travel is not liable for any damage caused by delays and/or cancellations of flights of continental and intercontinental airlines.
2.1 Malika Travel will send the invoice to the customer at the moment the contract is realized.
2.2 A deposit must be paid of 25% of the total travel sum (exclusive of flights) as quickly as possible, but no later than 14 days, after receipt of the invoice. The remainder of the travel sum must be in the possession of Malika Travel no later than 8 weeks before the day of departure.
2.3 If the contract is realized less than 8 weeks before the date of departure, the entire travel sum must be paid immediately, in full.
2.4 Any insurances or flight tickets booked by Malika Travel need to be paid directly and in full.
2.5 The traveller will be in default if payment is not made on time. If the traveller does not pay on time, Malika Travel will send a payment reminder, giving the traveller 3 working days to make the payment. If payment has still not been made by that time, the contract will be deemed to have been cancelled on the day of default. Malika Travel is entitles to charge the cancellation costs owed in this context. In such cases, the provisions of article 8 are applicable, and the cancellation fee will be deducted from the amounts already paid.
3. Travel sum
3.1 The travel sum is in Euros per person, unless otherwise indicated.
3.2 The offered travel sum is based on the prices, exchange rates, fuel costs, levies and taxes that were known to Malika Travel at the time of the offer. Malika Travel is entitled to increase the travel sum in the context of changes to the transport costs (including fuel costs), accommodation, taxes and levies owed, and exchange rates until 6 weeks in advance, when the full travel sum has been paid. Exceptions are price implementations/increased prices of airlines and/or local governments. These extra costs may be charged to the traveller within 6 weeks of departure.
3.3 The offers of Malika Travel are valid for 2 weeks and are subject to unforeseeable changes and manifest errors/mistakes.
4. Travel documents
4.1 The traveller him/herself is responsible for having the necessary travel documents with him/her, such as a valid passport, any necessary visas and proofs of immunizations and vaccinations.
4.2 Malika Travel can provide general information about travel documents (for persons with Dutch nationality), but is not responsible for possible misinformation, and any resulting consequences or costs. The traveller him/herself is responsible to receive the necessary information from the correct authorities.
4.3 Malika Travel can provide general information about vaccinations and health precautions, but is not responsible for the correctness and completeness of this information. The traveller him/herself is responsible to receive medical information from the correct health organizations.
4.4 Malika Travel asks for the passport numbers of all travellers. In case one of these numbers changes before departure, the traveller needs to provide the new number to Malika Travel.
4.5 The travel program will be send by Malika Travel to the customer after payment of the full travel sum.
4.6 Any intercontinental flight tickets booked by Malika Travel will be send or handed over to the traveller in time before departure.
5.1 The traveller is obliged to take a travel insurance, which covers accidents and luggage as well.
5.2 It’s not compulsory for the traveller to take a cancellation insurance, however Malika Travel strongly advises to do so.
6. Changes instigated by the traveller
6.1 A request from the traveller to change the travel contract, being not a cancellation, can be send to Malika Travel until 5 weeks before departure. The traveller is required to pay an amendment fee per change (per booking), possible communication costs, and, if appropriate, the extra costs of the trip or parts of the trip due to the change.
6.2 Malika Travel will inform the customer as quickly as possible about the decision regarding the request, as well as the costs that are involved with the change.
6.3 In case during the trip one or more paid components are not being used, no refunds of the not-used parts will take place.
7. Changes instigated by Malika Travel
7.1 There are factors that can influence the realization of the travel package, e.g. changed timetables, roads that are out of order, bad weather or a car breakdown. If certain circumstances require so, Malika Travel has the right to, before or during the trip, change routes, day programs, overnights, transport or excursions. The traveller can expect Malika Travel to do her very best to keep the same level of quality and character of the trip as much as possible. Any extra travel and overnight costs that may arise due to do force majeure could be charged to the traveller.
In case one of the offered accommodations would not be available, Malika Travel will reserve another alternative accommodation, with the same quality.
7.2 Malika Travel and her local representatives are not responsible for any losses, costs, material and immaterial damage due to delays or changes in travel programs, overbooking of accommodations, failure of third parties, illness, weather, strikes, calamities, terrorist incidents, state measures, riots, war, customs regulations, epidemics, criminal activities or any other cause beyond her control. All these losses or costs need to be covered and paid by the traveller.
7.3 In case of force majeure Malika Travel has the right to cancel and/or change the trip. Force majeure stands for abnormal and unforeseeable circumstances and events, that are completely independent of Malika Travel, and the consequences of which cannot be avoided through any precautionary measures. These circumstances include e.g. strikes, civil unrest, war, dramatic political developments and natural disasters.
8. Cancellations by the traveller
8.1 Any cancellations of the travel contract can only be done on working days in writing. The date of the post stamp or the date of email receipt by Malika Travel is the reported date of cancellation. Cancellations made out of office hours (9 am – 5pm Dutch time) are deemed to have taken place on the next working day. In case of a requested cancellation or change of the made reservations, the applicable costs will be charged to the customer. This can be cancellation or amendment costs charged by service providers, as well as costs that Malika Travel needs to make, in order to do the cancellation or change.
8.2 In the event that a contract is cancelled, Malika Travel charges the traveller the following cancellation fees, next to any reservation costs owed:
• Cancellation up to the 56th calendar day (excl.) before the day of departure: 25% of the travel sum
• Cancellation from 56th calendar day (incl.) – 42nd calendar day (excl.) before the day of departure: 45% of the travel sum
• Cancellation from 42nd calendar day (incl.) – 28th calendar day (excl.) before the day of departure: 50% of the travel sum
• Cancellation from 28th calendar day (incl.) – 14th calendar day (excl.) before the day of departure: 75% of the travel sum
• Cancellation from 14th calendar day (incl.) before day of departure until departure day (incl.): 100 % of the travel sum
These cancellation fees are applicable for the travel sum excl. flight tickets and insurances.
8.3 In case of cancellations of flight tickets booked by Malika Travel the terms and conditions of the airline are applicable.
8.4 In case of a partial cancellation of a traveller in a party, sharing accommodation and/or other services, he/she will owe a cancellation fee. For the remaining travellers the travel sum will be amended according to the new group size, for the same accommodation and the same period. The normal payment rules will apply to the amended travel sum.
9. Cancellations by Malika Travel
9.1 Malika Travel is entitled to terminate the contract due to exceptional circumstances and force majeure. The term exceptional circumstances is deemed to mean circumstances which are of such a nature that it cannot reasonably be expected of Malika Travel that it remains bound by the contract. Force majeure stands for abnormal and unforeseeable circumstances and events, that are completely independent of Malika Travel, and the consequences of which cannot be avoided through any precautionary measures. These circumstances include e.g. strikes, civil unrest, war, dramatic political developments and natural disasters.
9.2 If the cause of the cancellation can be attributed to the traveller, the loss arising from this will be borne by the traveller.
9.3 If the cause of the cancellation can be attributed to Malika Travel, the loss arising from this will be borne by Malika Travel.
9.4 If the cause of the termination cannot be attributed to either the traveller or Malika Travel, each of the parties will bear their own loss.
10. Liability of Malika Travel
10.1 Malika Travel is liable for a good realization of the trip, unless the imperfection is not due to a mistake of Malika Travel. This will be the case if the imperfection can be attributed to the traveller, to a third party and the imperfection was not foreseeable, to circumstances which cannot be avoided through any precautionary measures, or if the imperfection is attributed to force majeure. A good realization of the trip stands for the expectations that the traveller could reasonably have, based on the publications of Malika Travel, considering facts and knowledge about the special destinations.
10.2 Malika Travel doesn’t accept liability for actions and/or negligence of the involved service providers, neither for the correctness of the provided information of these service providers.
10.3 Malika Travel doesn’t accept liability for damage which is covered by a travel and/or cancellation insurance. Malika Travel is as well not liable for lost personal belongings, luggage and travel documents of the traveller.
10.4 Malika Travel is not responsible for the behaviour of wild animals in the countries of destination. Malika Travel and her local partners are not responsible for the danger that these animals could cause. Malika Travel doesn’t accept any liability when (certain) animals are not seen during a trip.
10.5 Malika Travel is not responsible for excursions that are not booked via Malika Travel. On the website of Malika Travel are links to other websites. This is only for information purposes. Malika Travel is never responsible for the contents of other websites than her own.
10.6 Malika Travel reserves the right to organize services via third parties.
10.7 Malika Travel doesn’t accept liability for material damage and/or any other damage that is caused by the travel activities. These risks need to be covered by a travel and accident insurance.
10.8 When Malika Travel is liable for the damage of the traveller, the liability will be limited or excluded if subject to international conventions or laws.
10.9 In case Malika Travel is liable for loss of travel enjoyment, financial loss or damage during exercise of occupation or business, the financial refund will never be more than a maximum of one time the travel sum.
10.10 Malika Travel organizes trips to adventurous countries. The traveller needs to realize that these trips are subject to a certain level of risks. Malika Travel cannot be held liable for death or injuries of any of the travellers, caused by one of the travel activities.
10.11 The exclusions and/or limitations of liability of Malika Travel contained in this article also apply to employees of Malika Travel, the booking office and the service providers involved, as well as their staff, unless a Convention, bye-law or law excludes this.
11. Obligations of the traveller
11.1 The traveller is required to comply with all instructions of Malika Travel or her local partner in the context of promoting a good fulfilment of the travel package. The traveller is liable for loss caused by his/her unauthorised behaviour.
11.2 The traveller is required to comply with all rules and regulations with regards to closeness of wild animals, by Malika Travel or her local partner, or by the accommodation.
11.3 The traveller is required to check in on time for the flight, and be on time at the airport. Malika Travel is not liable for missing a flight and costs that arise from this.
11.4 The traveller must ascertain the exact time of departure for the return journey no later than 24 hours before the stated time of departure.
11.5 The obligation of Malika Travel to help the traveller in case of an emergency will be hindered without help from a SOS Emergency Centre which is part of a travel and luggage insurance. The traveller is therefore required to take a full covering insurance for risks that are covered by the common travel, incident and luggage insurance. The traveller needs to safeguard Malika Travel for any consequences and damage, which are resulting from the fact that the traveller does not have a proper travel, incident and luggage insurance. Malika Travel cannot be held liable for incidents, injuries, diseases or death during the trip, or for loss, damage or theft of personal items.
12.1 Any complaints being more than a single remark, must be notified in writing as quickly as possible on site, to the driver/guide and if appropriate, if possible to the involved service provider. In case the shortcoming is not removed, and negatively affects the quality of the travel package, this must in any event be notified immediately to Malika Travel in The Netherlands, so that a solution can be sought.
12.2 If a complaint has not been resolved satisfactorily, it must be submitted in writing, giving a detailed description and arguments, to Malika Travel within one month of the end of the travel package.