Terms and Conditions
General Terms
These General Terms and Conditions are to be read carefully by the travel contractor (passenger or legal representative of passenger, hereinafter called the Traveler) booking a scheduled group departure (“Traveler”), along with any other information given to you at the time of booking, set out the Terms and Conditions of the contract between you and Albania My Way (AMW), registered address at Rr. Bardhok Biba, Tirana, Albania.
Upon making the booking the Traveler(s) guarantees that she/he has the authority to accept on her/his own behalf and or/on behalf of the group, if applicable, and does hereby accept the Terms and Condition of this Booking. The Traveler and AMW will be deemed to have formed an Agreement (Agreement) once the Traveler have accepted these Booking Terms and Condition and have made the relevant payment pursuant to the terms set out in Clause 3.
All data in these Terms and Conditions shall be binding on AMW and the Traveler unless otherwise specified here. The Agreement is considered binding from the day the Agency receives it signed by the Traveler. The Agreement is not considered concluded if the Traveler pays in full or part of the price of travel, without the Agreement is being submitted to the Agency.
Offers
AMW reserves the right to change the prices of any tour shown in our brochure, leaflet, and/or website. The Traveler will be informed of the current price of the tour before the Agreement becomes effective.
AMW provides a service according to the information published and valid at the time of the reservation, confirmation, and according to the description and travel period in accordance with the confirmed reservation, except in case of force majeure (eg war, disorder, strikes, terrorist actions, sanitary disorders, elemental disasters, etc.)
Reservations and Payment
Inquiries and reservations can be made via e-mail and by telephone, in writing, or in person at the AMW’s office. By confirming a reservation, the Traveler confirms that he/she is aware of these Terms and Conditions and that she/he fully comprehends and accepts. AMW provides the Traveler with the appropriate promotional material in printed or electronic form and provides him all relevant travel information.
The Traveler is obligated to provide any information required for the reservation process. A deposit is required for the reservation, depending on the chosen payment method and the remainder of the amount according to the terms that the Traveler is informed with when confirming the reservation.
AMW offers Travelers two options of confirming and paying for their tour:
Payment of an online deposit of 25% of the tour price +4.5% service charge (over the deposit payment) via PayPal and the payment of the remaining amount of the tour at our offices in Tirana prior to departure.
Payment of an online deposit of 25% of the tour price +4.5% service charge (over the deposit payment) via PayPal and the payment of the remaining amount of the tour through bank transfer with all transfer and wiring cost to be borne by the Traveler, following receipt of the AMW invoice by the Traveler. To avoid any misunderstanding, the wired amount should be in the AMW bank account no later than 4 weeks prior to departure.
In case the Traveler does not pay the rest of the amount within the agreed deadline, AMW reserves the right to cancel the reservation with prior notice to the Traveler. Furthermore, AMW reserves the right to retain any and all deposits paid if payment is not made pursuant to the terms of Clause 3, inhere.
Rate
The price of the service includes the basic service as described in the Offer. Optional additional services are those services that are not included in the base price of the service and therefore the Traveler specifically pays them. These services must be requested during the reservation process. AMW reserves the right to change the published rates and AMW is obligated to inform the Traveler of these changes. All involved parties accept that AMW reserves the right to increase the rates no later than 30 days prior to the beginning of the service if the following occurred after the reservation confirmation: changes in the foreign exchange rate, tax rates, increasing the cost of transport, including fuel costs or increasing fees for certain services (air and other ports, etc.) that affect the price of travel, which AMW did not know or couldn’t know. The Traveler has the right to cancel his/her reservation if the price of the reservation increases by more than 8%. In that case, Traveler is entitled to a refund without any additional compensation for the termination of the Agreement.
Categorization and Service Description
The offered accommodation units are described in accordance with the official categorization of the proper authority. The standards of accommodation, food, services, and others in some places and countries are not subject to comparison.
Obligations of AMW
AMW is responsible for providing services as well as selecting the service provider while taking into consideration the rights and interests of Travelers in accordance with the traditions of the tourism industry. AMW will fulfill all the abovementioned obligations as described, except in circumstances beyond its control, ie in case of force majeure.
If after departure any part of Traveler’s arrangement is not provided as promised, due to the fault of AMW employees, agents, or suppliers, AMW shall pay travelers appropriate compensation, if this has affected the enjoyment of the Travelers’ arrangements. The level of such compensation shall take into account all relevant factors including the invoice price of the Group Tour, any steps the Traveler ought to have reasonably taken to minimize the inconvenience/damage suffered, as well as the extent to which the deficiency or improper performance may have affected the Travelers’ enjoyment of the package. AMW shall not be liable for any injury, illness or death, or consequential losses suffered by the Travelers unless proven that such injury or illness was caused by lack of reasonable care and skill by AMW or our suppliers in the performance of obligations under the Agreement.
Travelers are expected to report to AMW any and all complaints and further assign to AMW any rights the Travelers may have vis-à-vis any third party in connection with the claim/complaint. If Travelers suffer a personal injury, death, or serious difficulties as the result of an activity which does not form part of the package booked with AMW, including without limitation any additional services or facilities provided to Travelers by a hotel or any other supplier which was not included as part of the Agreement, AMW shall not be able to pay the Travelers any compensation, but shall instead offer the Travelers such advice and guidance as is reasonable in all the circumstances provided AMW is advised of the incident promptly. AMW shall furthermore not be responsible when Travelers do not enjoy the Group Tour or suffer any other problems due to reasons, which were not made aware to AMW when the Group Tour was booked. The liability of AMW, except in cases involving death, injury, or illness, shall be limited to a maximum of twice the cost of the Travelers’ travel arrangements.
LIMITED LIABILITY: AMW excludes liability where the alleged loss or damage results from any of the following:
· the fault of the Traveler(s) affected; or
· the fault of a third party not connected with the provision of the Scheduled Group Tour which AMW could not have predicted or avoided; or
· an event or circumstances in which AMW or the supplier of the service in question could not have predicted or avoided even after taking all reasonable care.
The basis for ascertaining whether or not the services in question have been properly provided shall be the promises made to Travelers by AMW regarding the services agreed to be provided or arranged as part of the Agreement, and the laws and regulations of Albania. If the services in question which caused the claim or complaint complied with the Albanian laws and regulations applicable to those services at that time, the services shall be treated as having been properly provided.
The liability of AMW shall furthermore be limited in accordance with and/or in an identical manner to:
The contractual terms of the companies providing transportation for Travelers travel arrangements as incorporated into this Agreement; and Any relevant international convention applicable in respect of travel by air, travel by sea, rail, provision of accommodation, etc., limiting the amount of compensation which can be claimed by the Traveler for death, injury, delay to passengers and loss, damage and delay to luggage. AMW shall be regarded as having all benefits of any limitation of compensation contained in any applicable conventions.
The obligation of the traveler
The Traveler is obligated to:
· have valid travel documentation;
· respect and abide by all customs and foreign exchange regulations of the destination country;
· respect and abide by all laws and other regulations of the Republic of Albania as well as other countries through which he/she passes through or resides. In the event the Traveler is unable to continue the trip as a result of being in direct violation of these regulations, the Traveler is responsible for all related expenses;
· have confirmation and documentation for vaccination against diseases as required by certain countries
· abide by house rules of the accommodation unit as well as cooperate with the service provider in a well-intentioned manner
· enquire whether or not he/she requires a visa for the destination country as well as neighboring countries
If the Traveler does not follow these regulations, he/she will be held responsible for any expenses or damages. By confirming a reservation, the Traveler is obligated to pay the service provider on the spot for any potential damages he/she may have caused.
Force majeure circumstances do not relieve the Client from obligations to pay for tourist services already rendered by the Firm.
The Travelers Right to changes and cancellations
In the event the Traveler wishes to change or cancel a confirmed reservation he/she must do so in writing (via e-mail, regular post) at least 30 days prior to the beginning date of the service.
If a reservation change is not possible and the Traveler, therefore, cancels the confirmed reservation, the Cancellation terms stated below will apply.
In the event that the Traveler should request to cancel the confirmed reservation, the date on which the written cancellation is received will represent the basis for the cost calculation and cancellation charges are as follows:
· for a reservation canceled up to 40 days prior to the beginning date of the service 20% of the total amount of the reservation will be charged
· for a reservation canceled from 39 to 22 days prior to the beginning date of the service 30% of the total amount of the reservation will be charged
· for a reservation canceled from 21 to 15 days prior to the beginning date of the service 40% of the total amount of the reservation will be charged
· for a reservation canceled from 14 to 8 days prior to the beginning date of the service 70% of the total amount of the reservation will be charged
· for a reservation canceled from 7 to 0 days prior to the beginning date of the service 100% of the total amount of the reservation will be charged.
In addition to the above, all cancellations made by the Traveler shall be subject to a penalty of 4.5% of the Tour Price, and any and all fees applicable to wire transferring of any monies paid.
If the Traveler is entitled to a partial refund of the paid amount under the terms of the cancellation, AMW is obliged to make a refund within 14 days.
AMW’s right to cancellation
AMW reserves the right to cancel the Group Tour for different reasons, including but not limited to failure to reach the minimum number of travelers required for a Group Tour, excluding cancellations arising out of force majeure or failure by Traveler to make due payment of the Tour Price. AMW shall inform the Traveler of any cancellations made not later than 40 days prior to the intended departure. The traveler shall have the option of choosing between a refund of all monies paid, payment of a small supplement, or accepting an offer of an alternative tour of comparable standard.
The compensation of Travelers in the case when AMW is responsible for cancellation is as follows:
· for a reservation canceled up to 40 days prior to the beginning date of the service AMW will pay back all the money received
· for a reservation canceled from 39 to 22 days prior to the beginning date of the service AMW will pay back all the money received plus Eur 10
· for a reservation canceled from 21 to 15 days prior to the beginning date of the service AMW will pay back all the money received plus Euro 20
· for a reservation canceled from 14 to 8 days prior to the beginning date of the service AMW will pay back all the money received plus Euro 40
Cancellation insurance
Should the Traveler, during the reservation process suspect that due to certain reasons he might cancel his trip AMW recommends the purchase of cancellation insurance. Cancellation insurance cannot be paid for after the reservation has been made, only during the application process. Insurance premiums are calculated according to the value of the trip and according to the rates of the insurance company. Cancellation insurance is only valid in the following situations and confirmation must be provided in writing:
· illness
· accidents
· natural disasters
· death
· military service/recruitment
If the Traveler has no cancellation insurance and is unable to travel and possesses written confirmation for one of the above-mentioned situations the Agency reserves the right to refund the Traveler according to the cancellation terms listed in Article 8 of these Terms and Conditions. In the event of a reservation being canceled, visa application costs are non-refundable even if the Traveler has cancellation insurance. If the Traveler has a cancellation insurance policy, the Traveler must file all claims with the insurance company which issued the policy, while the Agency is obligated to provide all necessary documentation relating to the claim and the reservation in question.
Travel Insurance
The cost of the trip does not include the travel insurance “package”: insurance against accidents and illnesses that may occur during the trip, damage or loss of luggage, voluntary health insurance, or return of passengers to the starting point in case of accident and illness. Should the Traveler request additional insurance, arrangements can be made directly with the insurance company or by AMW itself wherein AMW acts only as a mediator.
Prompt Assistance during the Group Tour
If this Agreement is not performed or is improperly performed as a result of failures attributable to a third party unconnected with the provision of the services hereunder, due to Force Majeure, or due to circumstances beyond the control of AMW, the consequences of which could not have been avoided even if all due care had been exercised, or an event which we or our suppliers, even with all due care could not foresee or forestall, resulting in injury or other material loss of the Travelers, AMW shall offer Travelers such prompt assistance as may be reasonable in the circumstances.
Special Request
If the Travelers have a special request regarding anything that is not automatically part of the Group Tour, they must check with AMW when booking their Scheduled Group departure and AMW shall pass this information on to the suppliers it works with, but cannot guarantee the fulfillment of this request unless AMW separately confirms the fulfillment of such request in writing. AMW shall not accept any liability for failure to meet a special request which fulfillment has not been separately confirmed in writing.
YOUR TRAVEL COMPANIONS: AMW trips attract a variety of international Traveler who loves to travel, venture off the beaten track and enjoy the experience of a new country and culture;
AGE LIMITS: Travelers of any age are welcome on our scheduled group departures. However, a parent or an adult should accompany children under the age of 18 years of age. Elderly people should be fit enough to participate in the Group Tour;
HOSTELRY: AMW trips are based on Traveler sharing twin-bedded rooms. If Traveler are traveling alone they will be placed in a room with someone of the same sex;
SINGLE ROOM SUPPLEMENT: AMW offers the opportunity to pre-book a single room, subject to a supplement. Hotel accommodation can accommodate Travelers wanting a single room, while our guesthouses and village houses in the mountain areas are all shared rooms of usually not more than 5 Traveler per room;
MEALS: Breakfast is always included unless otherwise stated in the trip dossier. Some AMW tours are half-board and some full board. Full information is provided in the tour dossier. Soft drinks and alcohol are usually not included. If Travelers have specific dietary requirements they should inform AMW, however it is expected that Travelers have realistic expectations;
MEDICAL CONDITIONS: Travelers ought to inform AMW of any existing or preexisting medical conditions in their booking form;
Suitability and Behaviour
All AMW’s Scheduled group departures and courses are graded and it is the Travelers’ liability and responsibility to ensure that they are physically fit, adequately experienced, and suitably equipped to complete the tour. If any of the Travelers present any medical conditions, allergies, or special dietary requirements, Travelers must inform AMW and the tour leader, where applicable. AMW shall endeavor to pass on any dietary or special requests to the suppliers but cannot guarantee that they will be met. The Booking Conditions are accepted on the basis that the Traveler understands and accepts the inherent risks involved in adventure or activity travel and that the traveler undertakes the treks, tours, and activities of their own free will. Should Travelers, or any of them decide that they are unable to continue the Group Tour; they will be responsible for making their own alternative arrangements at their own expense. If AMW, upon its sole discretion, believes that the Travelers’ behavior is likely to cause injury, upset, or distress to a third party or damage to property, AMW is entitled to terminate the scheduled group departure of the Traveler(s) concerned, without prior notice and without incurring any liability to the Traveler(s). The Traveler(s) shall be solely responsible for making alternative arrangements and shall be entitled to no refunds.
Luggage/Baggage
AMW is not responsible for destroyed, damaged, or lost luggage nor for stolen luggage or valuables. Lost or stolen property is to be reported to the accommodation service provider or to the relevant police station.
When traveling by bus each traveler is permitted 2 pieces of personal luggage. Each traveler is responsible for property transported by bus and is also responsible for baggage and luggage when leaving the bus. In turn, the Traveler is responsible for lost, damaged, and/or stolen property left on the bus unsupervised.
Suppliers
Hotels, car rental agencies, tour operators, and other suppliers providing traveling or other services to AMW are independent contractors and not employees or agents of AMW. AMW acts solely as a sales agent for the suppliers and shall not be liable for any acts, errors, omissions, representations, warranties, or negligence of any such suppliers or for any personal injury, death, property damage, loss, or any other damages or expenses resulting therefrom. AMW shall have no liability and shall make no refunds in the event of any delay, cancellation, overbooking, strikes, acts of war, terrorism, disease or other force majeure event, or any other cause beyond its direct control, and AMW shall have no responsibility for any additional expense, omissions, delays, re-routing, acts or omissions of any governmental authority. The fact that AMW includes offers any product or service on the travel site does not mean that AMW is endorsing or recommending such product or service.
Handling/filing complaints
Each Traveler has a right to file a complaint if the paid service was not provided. Each traveler must file a complaint separately. The Traveler is obligated to file a complaint on the day of his/her arrival at the location of the service provider and to inform AMW by telephone at +355 692676222 or by e-mail: [email protected]. The traveler is obligated to cooperate with the service provider and AMW in a well-intentioned manner so that the cause of the complaint can be resolved. Should the Traveler accept the proposed solution which corresponds with the service rendered on the spot, AMW will not take additional complaints into consideration or respond to them. If the problem is not resolved on the spot following an intervention, the Traveler is obligated to submit a written complaint along with supporting documents as well as any photographs to support the complaint to AMW by e-mail at [email protected], by post mail or by fax at + 355 692676222 no later than 8 days after travel. AMW is obliged to make a written decision on the complaint within 15 days of receipt of the written complaint.
Personal information security
The Traveler provides personal information of his/her own free will. Personal information is required for processing requested services. The same information shall be used for inter-communication. AMW is under obligation that the personal information of the Traveler will not be taken out of the country or given to a third party except for the purpose of carrying out requested services. The exception of passing on personal information to third parties refers to the insurance policy. Should the Traveler request insurance, the personal information of the Traveler will be passed on to the insurance company. The personal information will be kept in the AMW’s database. With the acceptance of these Terms and Conditions, the Traveler gives permission for his/her personal information to be used for promotional offers of AMW.
Event of Force Majeure
Event of Force Majeure means an event beyond the control of the AMW and the Traveller, which prevents a Party from complying with any of its obligations under this Contract, including but not limited to:
1.1.1 act of God (such as but not limited to, fires, explosions, earthquakes, drought, tidal waves, and floods);
1.1.2 war, hostilities (whether war be declared or not), invasion, the act of foreign enemies, mobilization, requisition, or embargo;
1.1.3 rebellion, revolution, insurrection, or military or usurped power, or civil war;
1.1.4 contamination by radioactivity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component of such assembly;
1.1.5 riot, commotion, strikes, go-slows, lockouts or disorder unless solely restricted to employees of the Supplier or of his Subcontractors; or
1.1.6 acts or threats of terrorism.
1.1.7 epidemic, pandemic (including the COVID-19 pandemic), quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, or generalized lack of availability of raw materials or energy.
Court Jurisdiction
The Traveler and AMW will aim to settle possible lawsuits and if an agreement cannot be reached the issue will become subject to the decision of the competent court in Tirana, under the authority of the laws of the Republic of Albania.
