Terms & Conditions
Important Notice: YOUR ATTENTION IS DRAWN TO THESE CONDITIONS OF CARRIAGE SET OUT BELOW.
CONDITIONS OF CARRIAGE
1. These Conditions of Carriage constitute a contract (‘the Contract of Carriage’) between the Carrier and the Passenger which shall be deemed to have been accepted and agreed by the Passengers themselves and on behalf of the persons traveling with them and on behalf of the owner of any effects and goods being carried under this Contract. No agent, servant or representative of Carrier has authority to alter, modify or waive any provision of the Contract of Carriage.
2. The ticket shall constitute prima facie evidence of the Contract of Carriage between the Carrier and the Passenger.
3. Fares quoted may exclude administrative fees, service charges and other charges and are subject to change without prior notice at the sole and absolute discretion of the Carrier. The Carrier does not accept unaccompanied children under the age of 18 (eighteen) years for travel.
4. Cancellation and Change of Schedule: At any time after the ticket is bought, the Carrier may change its schedules and/or cancel, terminate, divert, postpone, reschedule any trip where it reasonably considers to be justified by circumstances beyond its control or for reasons of safety or security. In the event of such trip cancellation, the Carrier shall rebook the Passenger on the next available trip and where this is not possible the Carrier may, if the circumstances so warrant, refund the Passenger’s ticket. The foregoing constitutes the Passenger’s sole remedy against the Carrier for such circumstances.
5. The ticket shall be valid for a period of six (6) months from the date of purchase. An unutilised ticket automatically lapses and is void upon the date of expiry and no refund, amendment or re-issuance of ticket will be allowed.
6. The Carrier assumes no liability for any delays or cancellations nor for any loss or damage to Passenger baggage or belongings or to other goods or items on board, howsoever caused.
7. The Carrier shall only be liable for loss of or damage to property or loss of life of or injury to a Passenger if the loss, damage or injury (as the case may be) was caused by the gross negligence of the Carrier, its servants or agents acting within the scope of their employment, but the Carrier shall in no event be liable for indirect or consequential loss nor for economic loss howsoever any such loss was caused. In no event shall the Carrier be held responsible for any damage to any belongings or any injury sustained by any Passenger as a result of weather conditions. It shall be the Passenger’s sole responsibility to keep all their belongings safe from getting wet whilst on board, whether the vessel is in motion or otherwise.
8. The Carrier shall not be liable for delay or inability to perform the Contract of Carriage or any part thereof caused by force majeure, collision, stranding or foundering of the vessel or breakdown or failure of or damage to the vessel or its hull or machinery or fittings howsoever and where so ever any of the same may arise or be caused.
9. Any exclusion or limitation of liability of the Carrier shall apply to and be for the benefit of agents, servants and representatives or Carrier and any person whose vessel is used by Carrier for carriage and its agents, servants and representatives.
10. If the performance of the proposed voyage is hindered or prevented due to force majeure or if the Carrier considers that for any reason whatsoever, proceeding to, attempting to enter, or entering or remaining at the place of disembarkation may expose the vessel and its passengers to any risk, including risk of loss or damage to the vessel, the Passenger will be requested to alight from the vessel at the place of embarkation or at any place which the Carrier or Master in his or her discretion may reasonably decide, failing which the Passenger and his property may be removed from the vessel, whereupon the responsibility of the Carrier shall cease and this contract shall be deemed to have been fully performed; if the Passenger has not embarked the Carrier may cancel the proposed voyage and shall refund Passengers money or fares paid in advance.
11. Should the Carrier be required to comply with any orders, recommendations or directions whatsoever given by the Government or by any Department thereof or any persons acting or purporting to act with the authority of Government to give such orders, recommendations or directions, and if by reason of and in compliance with any such orders, recommendations anything is done or not done, such act or omission shall not be deemed to constitute a breach of this Contract of Carriage. Disembarkation of a Passenger or discharge of his property in accordance with any such orders, recommendations or directions shall constitute due and proper fulfilment of the obligations of the Carrier under this contract.
12. The Passenger shall arrive at the Carrier’s check-in location and boarding place sufficiently in advance of departure to permit the completion of all the formalities and departure procedures and in any event not later than the time that may be indicated by Carrier. If the Passenger fails to arrive in time at Carrier’s check-in location or boarding place, Carrier may cancel the space reserved for him or her and will not delay the trip.
13. The Carrier may, where reasonable, refuse to allow any Passenger to embark and may cancel the contract with such Passenger at any time before sailing, and shall in that case return the passage money paid for by such Passenger and such Passenger shall have no claim whatsoever against the Carrier in respect of such refusal or cancellation.
14. Under no circumstances shall any Passenger bring any alcohol, drugs, illegal substances or dangerous goods aboard the vessel. No cargo except personal effects/belongings is allowed on-board the vessel. No foul-smelling items are allowed on-board the Vessel. No dangerous goods such as explosives, firearms, drugs, inflammable material, are allowed on board the vessel.
15. If the Passenger conducts himself/herself aboard a vessel in such a manner so as to endanger the vessel or any person or property aboard the vessel, or obstructs the crew in the performance of their duties or fails to comply with instructions of the crew or behaves in a manner to which other Passengers may reasonably object, the Carrier may take such measures and actions as it deems necessary to prevent the continuation of such conduct, including the restraint of the Passenger.
16. All children traveling with their parents or other adults remain the responsibility of their accompanying parents or other adults who shall duly supervise the children in their charge and make sure that their behaviour does not endanger their own safety or the safety of other Passengers.
17. Any relevant medical or physical conditions (including pregnancy), back problems, or being under medication should be brought to the attention of the Master.
18. The Passenger shall be liable to reimburse the Carrier for all damage to the vessel and its furnishing and equipment or any property of the Carrier caused directly or indirectly in whole or in part by any wilful or negligent act or omission on the part of the Passenger and the Passenger shall further indemnify the Carrier and each and all of its agents and servants against all liability whatsoever which the Carrier or such agents or servants may incur towards any person or company or Government for any personal injury or death, loss or damage to property caused directly or indirectly in whole or in part by any wilful or negligent act or omission on the part of the Passenger.
19. For the comfort and safety of all Passengers, the Carrier requires the Passenger to take note of all safety notices, instructions and advice made available aboard the Vessel, whether issued verbally by any servant of the Carrier, broadcast over the public address system or disseminated on posters and other signs. Without prejudice to anything contained herein, the Carrier shall be entitled to any limitation of liability for any accident, injury or loss where such may be due under any applicable Law or Statute, where such may be due to disregard on the part of the Passenger of such safety notice, instruction or advice. Where due to logistic purposes the Conditions of Carriage are brought to the Passenger’s attention after the Passenger has purchased the ticket and paid the fare (that is excluding any online purchases), the fare will be refunded to the Passenger by the Carrier should the Passenger not avail himself/herself of the voyage as a result of such disagreement.
20. This contract shall be governed by Maltese Law and should any dispute arise, the Courts of Law in Malta and Gozo shall have the exclusive jurisdiction to determine any such dispute.