Term & Conditions

Terms and Conditions

 

  1. GENERAL 
  • These terms and conditions (hereinafter referred to as “T&Cs”, “Terms and Conditions” or “Agreement”) constitute and govern the relationship between the parties, EcoMarine Malta Ltd (hereinafter referred to as “EcoMarine Malta” or the “Organizer”); and You, as the Client, (hereinafter referred to as the “Client”). 
  • EcoMarine Malta accepts bookings subject to the following terms and Conditions 
  1. DEFINITIONS 
  • The following words and terms, should be interpreted as follows, unless, the context clearly implies otherwise.
  • Should there be any discrepancy between the terms and conditions in the English language version and the version in any other language, the English version will supersede. The prevailing language in case of interpretation will be the English language. All language versions in the terms and conditions will reflect the same principles.
    • “Activity” all the activities related to the environmental education and educational boat tour including team building.
    • “Tour” shall mean a boat tour aboard a sailing boat and/or a motor boat of different sizes depending on the activity.
    • “Course” shall mean Marine biology/science courses with lectures in a classroom and field experience at the beach or on a boat.
    • The term “You” shall also include guardians and/or parents who give their consent on behalf of a minor and/or child. 
  1. PERFORMANCE/ CANCELLATIONS 
  • EcoMarine Malta will do everything in its power to perform the Activity, Tour, Course or otherwise, exactly as described in your booking. However, the Organizer reserves the right to make the necessary changes due to justifiable reasons such as bad weather, fire, road works and road closure, natural disaster, unsafe conditions and any unforeseen circumstances.
  • EcoMarine Malta reserves the right to cancel the Activity, Tour, Course or otherwise in the eventuality that bookings are less than 7 persons. The Activity, Tour, Course will be rescheduled for another day. If the clients won’t be able to make it for the following on that date they will be fully refunded.
  • It is understandable that the tours take place weather permitting and any cancellations due to bad weather or based on an extenuating circumstance will be rescheduled for another day. If the clients won’t be able to make it for the following tour they will be fully refunded.
  • Arrival 30 minutes prior to any departure scheduled.
  • While EcoMarine Malta will use its best efforts to operate the tour according to the itinerary or as advertised, it reserves its right to vary or modify a tour due to prevailing local conditions or according to the need that may arise.
  • It is important to note that the Skipper/Captain is always in charge, and may disembark guest/s that may constitute a risk for other guests or act in an unfair manner/behaviour to the other guests.
  • Discounts and Offers: in case a fully paid booking is made without any type of offer/discount and for any reason, EcoMarine Malta publish a better price for the same type of product, the customer can claim back the difference of the amount paid.
  • Any cancellations have to be affected five (5) days prior to the date of departure, and or activity or course date. The client is then refunded the full refund less administrative fees on the amount paid (paid via Paypal 3.5%, paid via bank transfer 2.5%).
  • Please be aware that we cannot guarantee dolphin sightings or other cetaceans, but we can guarantee a different tour, surrounded by nature and tranquillity. As far away as possible from the usual routes to appreciate the Maltese Island from a new point of view and to learn something new about the environment and marine life. In the event that there are no sightings of any marine life whatsoever, the Client is entitled to the booking of another tour at a 15% discount. This offer cannot be combined with any other offer. 
  1. ASSUMPTION OF RISK 
  • You acknowledge that You have voluntarily applied for and plan to participate in the Activity, Tour, Course or otherwise. You have read the itinerary and therefore acknowledge, understand and accept the risks involved.
  • You certify that You have no medical or physical conditions which could interfere with Your safety in this Activity, Tour, Course. Otherwise, You are willing to assume all costs which may be created, directly or indirectly, as a result of any such condition.
  • You warrant that You are in sufficiently good health to participate in the Activity, Tour or Course without delaying or disrupting the aforementioned or injuring Yourself.
  • You undertake to read and understand the itinerary and any and all information provided to You before the Activity, Tour or Course.
  • You are responsible for the security and safe use of personal property including but not limited to, money, mobile phones, watches.
  • You warrant to act in a manner appropriate for other participants and to enjoy the aforesaid without negative distraction or interruption.
  • Except for the Organizer’s gross negligence or intentional acts, You expressly agree and promise to accept and assume all risks existing in this Activity, Tour, Course or otherwise. You warrant that participation in the aforesaid is purely voluntary. This assumption of risk includes financial responsibility for any damage caused by You.
  • Except for the Organizer’s gross negligence or intentional acts, You hereby voluntarily release, forever discharge and agree to indemnify and hold harmless the Organizer and its agents and affiliates from any and all claims, demands, cost, loss, causes of action, liability, expense, obligation, damage, recoveries or judgments, including interest, penalties and lawyer’s fees (“Claims”) which are in any way connected with Your participation in the Activity, Tour or Course or the accuracy, adequacy or completeness of the services provided by the Organizer.

 

  • Except for the Organizer’s gross negligence or intentional acts, You hereby voluntarily release, forever discharge and agree to indemnify and hold harmless the Organizer from any and all Claims which are in any way connected with the participation in the Activity, Tour or Course or Your use of the Organizer’s and their affiliate’s services and/or equipment and any such Claims alleging negligent acts or omissions of the Organizer.
  1. INSURANCE 
  • You certify that You have adequate insurance to cover any injury or damage which may be caused or suffered while participating in the Activity. Otherwise, You agree to bear the costs of such injury or damage Yourself.
  1. MINOR
  • During the tours minors aged from 5 to 14 must be accompanied by adults, from 15 to 17 they can come accompanied provided they provide  a signed consent form from a parent/and or legal guardian. The courses are tailored for children aged from 6 to 16 and to attend they must present a signed  consent form from a parent/and or legal guardian.
  • The ratio of adults to children will be that required by law at the time of the Activity, Tour or Course.
  • Whenever a child requires the assistance of a facilitator or learning support assistant it is the responsibility of the parent and/or guardian to provide such assistant.
  1. MEDICAL TREATMENT, RESCUE AND EVACUATION SERVICES 
  • You understand that the Organizer cannot be expected to anticipate or control all risks associated with the trip and may need to respond to illness, accidents, injuries and potential emergency situations. Therefore, You hereby give Your consent for any medical treatment, rescue or evacuation services which may be required, as may be determined by the Organizer. the Organizer’s staff, contractors, medics, emergency personnel or other medical professionals, during Your participation in the Activity, Tour, Course with the understanding that the cost of such treatment shall be borne by You.
  • You agree to indemnify and hold harmless the Organizer for any cost incurred as a result of any of the circumstances illustrated in Clause 7.1 of this Agreement.
  • You further agree to release, waive, covenant not to sue and agree to hold the Organizer harmless for any and all purposes from any and all liabilities, claims, demands, injuries or damages which may be sustained by You while receiving medical care or in deciding to seek medical care, including while traveling to and from a medical care facility, and further including injuries sustained as a result of the sole, joint or concurrent negligence per se, statutory fault, or strict liability of the Organizer.
  • You further agree to disclose any known medical condition, health problem or allergy.

 

  1. LIMITATION OF LIABILITY 
  • The Organizer’s liability for damages for any cause, regardless of the form of any claim or action, shall not exceed the amount of one hundred Euro (€100).
  • The Organizer provides no warranties of any kind or nature, whether express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose.
  • This Clause 8 shall survive the termination of this Agreement.

 

  1. PHOTOS, VIDEOS MEDIA 
  • The client hereby gives his/her consent to the taking of photos or videos during the Activity, Tour, Course or otherwise, and unless expressly stated otherwise by the client accepts that the said photos and/or videos may be used by EcoMarine Malta as part of their marketing, social media and content for their website.
  • In the case of photos or videos taken of children who are minors the legal guardian and/ or parent hereby gives his/her consent to the taking of said photos or videos of their minor children who are participating in the Activity, Tour or Course, unless expressly stated otherwise and accepts that these may be used by EcoMarine Malta as part of their marketing, social media and content for their website.

 

  1. DISPUTES, SEVERABILITY AND GOVERNING LAW
  • The Parties agree that any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with Part IV (Domestic Arbitration) of the Malta Arbitration Act, 1996 and the Arbitration Rules of the Malta Arbitration Centre as at present in force. It is further agreed that any award delivered in this respect shall be final and not subject to appeal.
  • Any part of this document found to be void or unenforceable shall not negate the enforcement of the remainder.
  • The law applicable to this Agreement shall be Maltese substantive law (including procedural law), without any reference to its conflict of law principles.

 

BY BOOKING AN ACTIVITY, TOUR, COURSE OR ANY OTHER SERVICE WITH ECOMARINE MALTA LTD. YOU ARE ACCEPTING THE TERMS AND CONDITIONS.