General Terms and Conditions

 

Welcome,

 

MaltaIslandTours.com provides the Users and Suppliers of tours, tourist services, activities, or events with this Online Platform.

We help Users to research and book travel experiences in Malta. We do not provide such experiences ourselves. When you make a booking, you will be purchasing a tour, ticket, or service directly from the Supplier.

The Suppliers on this Online Platform are all licensed and with long-time experience.

Contracts for tourist services are to be concluded directly between the Users of this Online Platform and the Suppliers.

MaltaIslandTours.com is not a contracting party regarding the tours or the tourist services offered on it. MaltaIslandTours.com does not appear as the organizer, lessor, or another contract partner regarding the tourist service agreement with the User.

These Terms and Conditions of Use, together with our Privacy Policy, apply to any use of the Online Platform. Visitors and Users of the MaltaIslandTours.com Platform may use it only on condition that they accept the Terms and Conditions of Use and read and understand the Privacy Policy.

MaltaIslandTours.com may update these Terms and Conditions of use at any time, without stating the reasons, and you understand and agree that continuing accessing or using this Online Platform after such change signifies your acceptance of the updated Terms and Conditions.

By visiting and using this Online Platform, you agree to be bound by these Terms and Conditions and Privacy Policy, and you agree that you have read and understood them.

Definitions

‘Online Platform’ means the website provided by MaltaIslandTours.com, allowing users to reserve tours or tourist activities provided by the Suppliers.

‘Tour’or’Activity’ means the excursion(s) or series of excursions that are the subject of a Booking and/or Confirmation.

‘Supplier’ means a travel or tour agency or company, that provides the tours or the services.

‘User’  means an individual, firm, agency, or company that makes the Booking with the Supplier through this Platform.

‘Booking’ means the order placed by the User in response to a Quotation. (reservation)

‘Confirmation’ means acceptance by the Supplier.

Use of this Online Platform

As a condition of your use of this Online Platform, you represent and warrant that all information supplied by you in the course of your use is true, accurate, current, and complete.

Your use of the Online Platform is permitted by MaltaIslandTours.com only for personal, non-commercial use and/or to make legitimate requests to make a Purchase of the Services offered. You agree not to use this Online Platform to make any speculative, false, or fraudulent requests or bookings.

MaltaIslandTours.com reserves the right at sole discretion to decline access to its Online Platform to anyone, at any time and for any reason, including but not limited to, violation of these Terms and Conditions.

By using this Online Platform, you declare you agree that all legal matters and consequences will be treated under the Maltese legislation.

About Us – What we do and our liability

We are registered in Malta. After more than 8 years of local experience, we are presenting this Online Platform, that is available worldwide in multiple languages.

We operate the MaltaIslandTours.com Platform as an intermediary platform on which Tours and Activities are offered online by a variety of local Suppliers such as parks, water sports, tour guides, boat tours around, etc. The Activities include, for example, guided tours, sightseeing tours by bus, boat trips, tickets for sightseeing, and other services. We act as a Sales Representative for the Suppliers, through a mandate in line with the Civil Code of Malta. The descriptions, photographs, and other content for its Activities originate from the respective Suppliers. We therefore do not influence such content.

You can view numerous of Tours and Activities on our Online Platform. The contract for the provision of the Tours and Activities is concluded exclusively and directly between you and the Supplier. When you buy Tours and Activities on the MaltaIslandTours.com Platform, you are not buying anything from us, but directly from the Supplier. Service Agreements are concluded by us on behalf and for the account of the Suppliers. We act as a sales representative for the Suppliers and are commissioned and authorized by the Suppliers to conclude transactions directly between Suppliers and Users, e.g. you, and for the account of the Suppliers and to collect payments from the Users on behalf of the Suppliers. We do not offer any activities ourselves and therefore do not become your contractual party to any Service Agreement. Furthermore, we do not act as the organizer, the landlord, the reseller, or other contractual partner concerning the Service Agreement with you.

MaltaIslandTours.com Platform is not liable for any personal injury, death, property damages, or other damages and expenses connected with any booking or use of it.

We shall bear no liability for loss damage delay or failure of performance however arising caused in circumstances outside its control including (but not limited to) Acts of God, civil commotion, strikes, work to rule or go slow, lock-outs, hostilities, fire, flood, drought or inability to procure materials, venues or services except at increased prices due to any of the foregoing causes (and in these circumstances MaltaIslandTours.com may suspend or cancel the whole tour). MaltaIslandTours.com will endeavour to notify the User as quickly as reasonably possible if a Force Majeure event occurs. In the event of a Force Majeure occurring, and a cancellation is made, refunds will be dealt with under clause Cancellations and Refunds section of these Terms and Conditions of the Supplier.

In the interest of a fast and smooth process, you may direct questions about your booking to the MaltaIslandTours.com support service by email or chat. As sales representatives, we support the Suppliers in this process. We usually answer within 24 hours. The communication between you and the Supplier can also be done directly after the booking is confirmed. In case of an emergency, the contact details of the respective Supplier can be found in your reminder email.

We reserve the right to make the use of the MaltaIslandTours.com Platform, individual functions of the MaltaIslandTours.com Platform, or the extent to which individual functions can be used, subject to certain conditions, such as the payment behaviour of the User (e.g. in the case of prior bookings) or the presentation of certain proof (e.g. proof of identity, purchase, payment, or ownership). We reserve the right to restrict your booking of Tours and Activities or cancel Tours and Activities you have booked, in the case of suspected fraud, violation, or violation of obligations under the Service Agreement.

Furthermore, we are not obligated to improve, extend (update/upgrade), or make available the content, functions, and services provided via this Online Platform. We may discontinue our services and performances at any time; there is no right to continuation.

Our Booking System

You will receive a MaltaIslandTours.com branded email (or, alternatively, a voucher from the Supplier) (in each case, a “Ticket”) for each Tour or Activity you book. You will receive your Ticket by the email provided when creating the booking. It is the sole responsibility of the User to provide a valid email. In case the provided email is wrong, kindly contact MaltaIslandTours.com to find an alternative solution.

Bookings and/or Enquiries

When you make a booking, you agree to review and be bound by the applicable Suppliers Terms and Conditions and any other rules or policies related to the Tour or the Service.

When a Customer purchases Services via this Online Platform, the Customer purchases Services directly from the Supplier, via the MaltaIslandTours.com Platform acting as a sales representative of the Suppliers. The Suppliers appoint and authorize MaltaIslandTours.com Platform as its sales representative to conclude the Contract with Customers in the name of and on behalf of the Supplier, manage and cancel Bookings, and make full or partial refunds to Customers, as outlined in this Agreement. MaltaIslandTours.com Platform may decide to reject the conclusion of the Supplier-Customer Contract within its sole discretion (e.g. in the case of potential fraud or compliance concerns).

Your interactions with the Suppliers are at your own risk. We will have no liability for the acts, omissions, errors, representations, warranties, breaches, or negligence of any Supplier or any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with any Supplier.

Notwithstanding the foregoing, to the extent that the Suppliers’ Terms conflict with these Terms of Use in respect of your legal relationship with MaltaIslandTours.com, these Terms and Conditions of Use shall prevail.

Pricing and Payments

All prices are per person in Euro (€), unless otherwise specified as a package or day price, and inclusive of Value Added Tax (VAT).

The Supplier might have otherwise specified, prices do not include some fees.

Prices are subject to change without notice until a booking has been made.

Prices do not include tips/gratuities.

MaltaIslandTours.com is permitted to collect (full or partial) amounts in the name of and on behalf of the Supplier.

MaltaIslandTours.com reserves the right to make the use of the payment function dependent on a check of the credit rating of the User.

The refunded amount (full or partial)  granted by the Supplier can also be processed by the Supplier via this Online Platform.

The value of your booking may be subject to taxes, duties, foreign transactions, currency exchange, or other fees. Your bank or payment card company may convert the payment into the local currency and may charge fees, resulting in differences between the amount displayed through this Online Platform, and the final amount charged to you.

The User has to enter correct payment information and update the details immediately if any changes are applied. During the booking process, the User will be notified of the payment methods permitted for the respective service.

We are your contact in connection with a Service Agreement and payment therefore as the sales representative of the Supplier. If you wish to request a refund of the Booking Price outside the cancellation policy, you may contact us. We will then contact the Supplier, and the Supplier will determine at its discretion whether to honour the refund request.

The price of the services does not include insurance in case it is not specified by the Supplier. You are responsible for providing sufficient insurance protection. The requirement for insurance depends on the activity booked.

By authorizing payment, you consent to your payment information being used to collect payment for the Supplier. We reserve the right to make the use of the payment function or individual payment methods on the MaltaIslandTours.com Platform dependent on a check of the required creditworthiness.

Cancellations and Refunds

When a Tour or Activity has been purchased, your Booking can not be changed by you or cancelled with a refund, unless otherwise stated in the terms and conditions applicable to such Tour or Activity.

Occasionally a Supplier may make a change to a Tour or an Activity after your purchase, including but not limited to the date, price, inclusions, coverage, age requirements, and/or any other features and/or requirements. As a result, MaltaIslandTours.com reserves the right to cancel, change, or substitute any Tour or Activity that you have purchased, at any time, for any reason. If the change proposed by the Supplier is, for example, a change in dates and/or a significant change to the itinerary, and you are dissatisfied with the alternative that is offered, you will be entitled to a full refund of the original purchase price.

The Supplier can cancel the activity on the agreed date without observing a period of notice, if weather conditions, official measures, strikes, or other unforeseeable or unavoidable external conditions (in particular force majeure) make the activity impossible, make it considerably more difficult, or endanger it. In this case, the paid price will be fully refunded.

The User can make date changes (e.g. rescheduling the Tour or the Activity date or making changes to the participants) via this Online Platform, unless otherwise agreed. The changes can be made by sending us an email request. The change must be made at least 7 days before the Tour or the Activity date, and it is subject to the availability of the Supplier.

If a User is a No Show and there are no extenuating circumstances, the Booking will be treated as a Completed Booking for purposes of payment.

Cancellations due to health problems or conditions and missing personal documents – licences, identification documents, or age less than the Supplier required will not be refunded.

Kindly note that any refunds through MaltaIslandTours.com Platform should be confirmed by the Supplier before being processed.

Availability and Warranty

MaltaIslandTours.com Platform makes no guarantee or warranty for the accuracy or completeness of data provided by the Suppliers and the listed Tours or Activities.

There is no claim for availability, quality or service features, inaccuracies of the offers, or technical support for the MaltaIslandTours.com Platform. We can redesign, reduce, or suspend our Platform at any time. The existing agreements of the User with a Supplier, as well as the execution of these agreements, will remain unaffected by these changes.

The contact partner of the User in the event of questions and claims in connection with a service agreement and its execution is the respective Supplier. All legal matters and consequences will be treated under the Maltese legislation.

Data protection

Your data is collected through this Online Platform, following relevant data protection laws and for the purposes described in our Privacy Policy. MaltaIslandTours.com Platform shares your personal data with Suppliers to the extent it is necessary for the performance of the Service Agreement between you and the Supplier or when necessary to comply with a legal obligation and for other purposes legally allowed. Suppliers are independent data controllers and bear the sole responsibility of processing your personal data.

If MaltaIslandTours.com is involved in the communication for a service agreement between the User and the respective Supplier, it shall transfer the data required for this agreement to the respective Supplier.

Indemnification

You shall fully indemnify us for all damages, costs and expenses (including reasonable legal defence costs) incurred by us, our agents, or our partners as a result of:

– your intentional or negligent misrepresentation, act, or omission in connection with your use of this Online Platform;

– your intentional or negligent non-compliance with these Terms.

– claims asserted by third parties arising out of or in connection with your access to or use of this Online Platform that intentionally or negligently violates these Terms.

 

Supplier – Service Agreement

1. If you select and purchase a Tour or Activity on this Online Platform, you conclude a contract directly with the Supplier. When concluding the contract, we act as the sales representative of the Supplier.

By clicking the button “Book now” at the end of the ordering process, you submit a binding offer to conclude a Service Agreement with the Supplier that will provide the Tour or the Activity. After receipt of the offer, we will send you an automatic order confirmation on behalf of the Supplier. This order confirmation does not constitute an acceptance of the offer.

The Suppliers may provide their own terms and conditions in their respective listings on the MaltaIslandTours.com Platform. Please read these Supplier Terms and Conditions carefully, because they may contain important information for you. Nothing in the Supplier Terms and Conditions shall affect your relationship with us or our legal rights.

We accept the offer in the name and on behalf of the Supplier once you receive a booking confirmation issued in the name and on behalf of the Supplier and, if applicable, have access to a voucher or ticket (either a mobile voucher or a downloadable PDF voucher/ticket) and a payment confirmation. We reserve the right to accept or reject contract offers at our sole discretion.

The contract between you and the Supplier is not set out in a separate contract text. The content of the contract results from the order (i.e. the description of the Tour or the Activity selected by you).

You must immediately check the order confirmation to ensure that all data has been entered correctly.

In most cases, Posted Prices quoted are inclusive of all taxes and fees.  However, additional local taxes or fees may be levied locally.  If additional taxes or fees will be levied locally, this will be disclosed in the description of the Tour or the Activity.

The Posted Prices set by the Suppliers may be subject to special provisions, for example, about cancellations and the refund of payments. You must independently check before booking whether the respective Supplier prescribes deviating conditions.

You must arrive on time at the meeting point indicated by the Supplier.  Furthermore, you are responsible for the necessary travel documents (passport, driving licence, etc.) and compliance with health or other requirements.

The Booking Price does not include insurance of any type. You are responsible for obtaining sufficient insurance coverage. We strongly encourage you to obtain travel insurance, especially if you are booking an Activity that involves outdoor or high-risk activities.  We do not operate tours, employ guides, or set safety standards for these Tours or Activities.

Suppliers are independent contractors, and they are not our agents or employees. We are not liable for the acts, errors, omissions, representations, warranties, breaches, negligence, or misconduct of any Supplier, or for any personal injury, death, property damage, or other damages or expenses resulting therefrom or otherwise arising from any booking.

2. Further rights of the Supplier

The Supplier may cancel the Activity on the agreed date without observing a cancellation period if weather conditions, official measures, strikes, or other external circumstances that are unforeseeable or can only be averted by disproportionate efforts on the part of the Supplier and are beyond the Supplier’s control (in particular events of force majeure) make it impossible or significantly impede or endanger the performance of the Tour or the Activity. In this case, the Booking Price paid will be refunded. You may direct any additional compensation request directly to the Supplier accordingly.

The Supplier may exclude you from an Activity if (i) you do not meet the requirements for participation specified on the MaltaIslandTours.com Platform, (ii)  you would endanger yourself or others through your participation, or (iii) you disrupt the implementation of the Tour or the Activity in any way. In these cases, the Booking Price paid for the Activity will not be refunded.

The Supplier may make immaterial changes to the program at any time if this appears necessary due to circumstances arising at short notice. Insignificant program changes also include a change of the starting/meeting point. A change of the start/meeting point is possible up to 24 hours before the start of the booked Activity and will be communicated to you by email or displayed via this Online Platform.

Both parties (User and Supplier) hereby agree that in the event of any legal matters arising, the laws of Malta shall govern.

Website Prohibited Activities

The content and information on MaltaIslandTours.com (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code, or other material, and collectively described herein as the “Website Content”), as well as the infrastructure used to provide such Website Content, is proprietary to us. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, licence, create derivative works from, transfer, or sell or re-sell any Website Content, or any products or services obtained from or through the Website. Any other use of the Website Content, products and/or services requires prior written permission.

Additionally, you agree that you will not and will not assist or enable others to:

1. use the Website or the Website Content for any commercial or unlawful purpose;

2. access, monitor, or copy any Website Content using any robot; spider, scraper, or other automated means or any manual process to access, scrape, index, retrieve, or otherwise use the Website or any Website Content for any purpose without our express written permission;

3. violate the restrictions in any robot exclusion headers on the Website, or bypass or circumvent other measures employed to prevent or limit access to the Website;

4. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure or makes excessive traffic demands on the Website;

5. deep-link to any portion of the Website for any purpose without our express written permission;

6.”frame”, “mirror” or otherwise incorporate any part of the Website into any other website without our prior written authorization;

7. attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any Software;

8. use the Website to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user’s use of the Website;

9. use the Website to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial or not;

10. use the Website in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting reviews;

11. use the Website to promote bigotry or discrimination against protected classes;

12. use the Website to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

13. use the Website to submit or transmit pornography or illegal content;

14. use the Website to solicit personal information from minors, or to harm or threaten to cause harm to, any person, including minors;

15. attempt to gain unauthorized access to the Website, user accounts, computer systems, or networks connected to the Website through hacking, password mining, or any other means;

16. use the Website to transmit any computer viruses, worms, defects, Trojan horses, or other items of a destructive nature (collectively, “Viruses”);

17. use any device, software, or routine that interferes with the proper working of the Website, or otherwise attempts to interfere with the proper working of the Website;

18. use the Website to violate the security of any computer network, crack passwords or security encryption codes;

19. disrupt or interfere with the security of, or otherwise cause harm to, the Website; or

20. remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the Website, features that prevent or restrict the use or copying of Website Content, or features that enforce limitations on the use of the Website.

 

Last update: 01/04/2024

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