GENERAL TERMS AND CONDITIONS OF USE (“TERMS OF USE”)
Welcome to our web site (“maltaboatcharters.com” and hereinafter also the “Website”). These General Terms and Conditions of Use (“Terms of Use”) govern the access to and use of maltaboatcharters.com. The access to and use of this Website, as well as the purchase of products on maltaboatcharters.com, are based on the assumption that these Terms of Use have been read, understood and accepted by you. The Website is managed and maintained by Malta Boat Charters.
Requests for further information can be made through our Send Enquiry page. If you need any assistance, please go to the Send Enquiry page.
For any other legal information, please go to the sections: General Terms and Conditions of Sale, Privacy and Cookies Policy available on maltaboatcharters.com. Malta Boat Charters may amend or simply update all or part of these Terms of Use, at any time and without prior notice to you. Any amendment or update of the Terms of Use will be posted for our users on the Home Page of maltaboatcharters.com as soon as such amendments or updates have been made and shall be binding as soon as they are published on the Website, in this section. We recommend that you regularly access this section on the Website before accessing and/or using our services and/or before purchasing any product on maltaboatcharters.com in order to check the most recent and updated version of the Terms of Use of maltaboatcharters.com, as changes may affect your use of the services and/or purchase on the Website. If you do not agree to all or part of the maltaboatcharters.com Terms of Use, please do not use our Website.
The access to and use of maltaboatcharters.com, including display of web pages, communication with us, download of product information and purchases on the Website, are carried out by our users exclusively for personal purposes, which should in no way be connected to any trade, business or professional activity. You will be liable for your use of maltaboatcharters.com and its contents. Malta Boat Charters shall not be considered liable for any use of the Website and its contents made by its users that is not compliant with these Terms of Use, the laws and/or any applicable regulation in force, save for Malta Boat Charters’s liability for fraud or gross negligence.
In particular, you will be exclusively responsible for providing information or data which is not correct, false or concerning third parties (in the event such third parties have not given their consent), as well as for any improper use of such data or information.
1. PRIVACY POLICY
We recommend that you read the Privacy Policy which also applies in the event that users access the maltaboatcharters.com website and use the relevant services without making purchases. The Privacy Policy will help you understand how and for what purposes Malta Boat Charters collects and uses your personal data.
2. INTELLECTUAL PROPERTY RIGHTS
Proprietary content. All content included on maltaboatcharters.com, including but not limited to works, images, pictures, texts, music, sounds, videos and in general audio-visual materials, documents, drawings, figures, menus, web pages, graphics, colours, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions and software, including HTML code and other computer code contained therein (collectively, “Content”), is the sole and exclusive property of Malta Boat Charters and is protected by national and international copyright and other intellectual property laws.
Trademarks and Logos. The Malta Boat Charters trademark and all other trademarks, trade names, logos, brand names and product names displayed on the maltaboatcharters.com website are the exclusive property of Malta Boat Charters or of their respective companies (“Trademarks”). These Terms of Use do not allow you to use the Trademarks and we remind you that the use of the Trademarks in any manner is strictly prohibited.
3. LINKS TO THIRD PARTIES’ WEB SITES
The website maltaboatcharters.com may contain links to other web sites which are in no way connected to maltaboatcharters.com. Malta Boat Charters does not control or monitor such third party web sites or their contents. Malta Boat Charters shall not be held liable for the contents of such sites, including for their accuracy, security or reliability, and/or for the rules adopted by them in respect of, but not limited to, your privacy and the processing of your personal data. Please, pay attention when you access these web sites through the links provided on maltaboatcharters.com and carefully read their terms and conditions of use and their privacy policies. Our Terms of Use and Privacy Policy do not apply to the web sites of third parties. Access to any third party content and web sites is at your own risk and Malta Boat Charters will have no liability to you for any loss or damage that you suffer (including but not limited to any loss or damage to your computer equipment, hardware or software) arising out of or related to your access or use of, or reliance on, any third party content and web sites or caused by or in connection with any purchase of goods or services available on or through any such third party content and web sites.
4. YOUR USE OF THE Malta Boat Charters WEBSITE
You are permitted to use the maltaboatcharters.com website and any of its Content for your personal and non-commercial use only and always in compliance with these Terms of Use. You may not and may not permit, assist or allow any third party to:
(i) copy, reproduce, publish, transmit, distribute, perform, upload, post, publicly display, encode, translate, modify or create derivative works from, sell, license or otherwise distribute the Website or any Content, including but not limited to mirroring, framing or linking, to any other computer, server, web site;
(ii) access or use the Website or any Content for any commercial purposes, including any advertising or advertising revenue generation activity on your own web site;
(iii) use any deep-link, page-scrape, robot, spider or any other automatic or manual processes, to access, acquire, copy or monitor the Website and/or its Content or any portion thereof, or in any way reproduce the structure or presentation of the Website or any Content, or circumvent any copy-protection devices, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the maltaboatcharters.com;
(iv) attempt to access any portion or feature of the Website that you are not allowed to without authorization, or any other systems or networks connected to the Website or any Malta Boat Charters’s server, by hacking, password mining or any other illegitimate means;
(v) use anyone else’s password or account at any time without the express permission and consent of the holder of that password or account;
(vi) probe, scan or test the vulnerability of the maltaboatcharters.com website or any network connected thereto, nor breach the security or authentication measures on the same;
(vii) reverse look-up, trace or seek to trace any information on any other user of or visitor to the maltaboatcharters.com website, or any other customer, or exploit the Website or any service or information made available or offered by or through the same, nor use the Website or the Content for any unlawful purposes or for any purposes not allowed by these Terms of Use, or solicit the performance of any illegal activity or other activity which infringes the rights of Malta Boat Charters or of others;
(viii) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the maltaboatcharters.com website, or any systems or networks connected to the same;
(ix) use any device, software or routine to interfere or attempt to interfere with the proper working of the maltaboatcharters.com website or any transaction being conducted on the same, or with any other person’s use thereof.
5. DISCLAIMERS – LIMITATION OF LIABILITY
Malta Boat Charters does not warrant that the Contents of the Website are appropriate or lawful in any Country. In the event that such Contents are deemed to be unlawful or illegal in your Country , we invite you not to access the Website and, where you nonetheless choose to access it, we hereby inform you that your use of the services provided on Malta Boat Charters shall be at your own exclusive risk and responsibility.
Due to the dynamic nature of the Internet and the Internet connection, Malta Boat Charters cannot guarantee that the Website will operate continuously, without any interruptions and/or that errors or defects will be corrected. If you experience any problem in using our Website please contact our Client Service. One of our representative will be at your disposal to assist and help you to restore your access to the Website, as far as possible. At the same time, please contact your Internet services provider or check that each device for Internet connection and access to web content is correctly activated, including your Internet browser.
Malta Boat Charters will do all the possible to ensure that the Content of maltaboatcharters.com is accurate and does not contain any incorrect or out-of-date information. However, Malta Boat Charters disclaims all warranties, express or implied, including any warranty of accuracy, completeness, non-infringement, merchantability or fitness for a particular purpose.
Malta Boat Charters has also adopted all reasonable technical and organisational security measures to ensure that the Website and the Contents are free from virus, and to protect the integrity of data and electronic communications in order to prevent unauthorised use of or access to data, as well as to prevent risks of dissemination, destruction and loss of data and confidential/non confidential information regarding users of the maltaboatcharters.com website. However, to the maximum extent permitted by applicable law, Malta Boat Charters shall in no event be deemed liable to you or anyone else for any damage arising out of use of the website and/or the Content, including without limitation, liability for:
(a) any loss of or corruption to data,
(b) loss of or damage to your computer equipment,
(c) any loss or damage which was not foreseeable by both you and by us or which you did not notify us may occur if we breach these Terms of Use or our legal duty of care to you, or
(d) any loss or damage suffered by you as a result of you failing to take reasonable precautions against such loss or damage, such as through the installation of reputable anti-virus software.
Nothing in these Terms of Use will exclude or limit Malta Boat Charters’s liability to you for fraud or gross negligence or for any other liability which may not be excluded or limited under any mandatory provision of applicable law.
6. OUR BUSINESS POLICY
6.1 Acceptance of rental conditions
These general charter terms and conditions regulate the rights and obligations of the lessee (referred to hereafter as the “Client”) and the lessor (referred to hereafter as the “charter company”). Malta Boat Charters is referred to hereafter as “Malta Boat Charters” or ”web site.” The Client accepts all rental conditions in his name on behalf of his team. By making the deposit as will be stated in the ‘Booking confirmation agreement’, the Client signals his agreement with all the regulations and conditions and acknowledges that making the deposit has the same significance as a personal signature.
6.2. Rental price and payment
The rental price includes the leasing of a boat with standard equipment, together with boat and crew insurance for the rental period. The rental price excludes costs incurred relating to domicile marinas (parking, berth, etc), fuel, skipper/hostess service and the costs of other optional services. The Client can take responsibility for the boat that was previously reserved via this website after paying 200 Euros upon approval of his request (in advance) and the remaining amount of the rental price at least 4 days prior to the rental date. These payment regulations cannot be modified without Malta Boat Charters’s consent.
6.3. Obligations of the Charter company
The Charter company agrees to provide the Boat to the Client in full commission and in proper working order, with a full complement of equipment, inclusive of that required by the Specification on these pages. The boat must be in immaculate condition, with the water and fuel tanks filled. It should be delivered at the agreed time and with all necessary documentation. If for any reason, the Charter company does not fulfill the aforementioned conditions, the Client has a right to reimbursement for all days when he was unable to use the boat. Also, if it is impractical for the Charter company to place the reserved boat at the Client’s disposal at the agreed time and in the agreed place, the Charter company is obliged to ensure that a substitute boat is available with the same or better specification than the one reserved. If the Charter company is unable to provide a substitute boat, the Client has the right to cancel the contract and request reimbursement of the whole rental amount or part of the amount for those days when he was unable to use the boat.
The Client has a right to reimbursement only of the paid rental amount. All other rights are excluded. If the boat or its equipment is damaged due to natural causes, the Client is obliged to contact the Charter company immediately. The Charter company is obliged to rectify any damage to the boat within 24 hours. In this instance, the Client has no right to any reimbursement.
6.4. Deposit
Prior to taking responsibility for the boat from the marina where it is moored, the Client is obliged to settle a security deposit to the Charter company. The security deposit is 200 Euros. The 200 Euros deposit will be deducted from the balance of the amount due.
7. GOVERNING LAW
These Terms of Sale are governed by Malta law. As a Consumer you will in any case be entitled to any additional rights provided by the law of the country where you reside. Either you or we may bring legal actions in respect of any dispute which arises in connection with the purchase contract only in the court of Malta or the competent court of your habitual place of residence or domicile, as applicable.
8. OUR LIABILITY
Nothing in these Terms of Sale will exclude or limit our liability to you for fraud, death or personal injury caused by our negligence, breach of terms regarding title implied under any Consumer law or regulation or any other liability which the applicable laws state may not be excluded or limited.
We will in no event be liable to you for any loss of profit, loss of income, loss of business, loss of revenue or loss of goodwill; any loss or corruption of or damage to data; or any loss or damage which was not a reasonably foreseeable result of either our breach of the contract with you or our breach of our legal duty of care. Loss or damage is “reasonably foreseeable” if, at the time that we and you entered into a contract, such loss was either contemplated by us and you or you notified us that the loss may occur if we breached the contract or our legal duty of care.
9. AMENDMENTS AND UPDATES
These Terms of Sale may be amended from time to time due to new laws and regulations or other reasons in our sole discretion. The new General Terms and Conditions of Sale shall be effective as of the date of publication on the Website. By continuing to use and purchasing on the Website you accept to be bound by the new terms. In any case, the new terms will not affect orders already submitted by you.