Term & Conditions

  1. PERFORMANCE
  • EcoMarine Malta will do everything in its power to perform the Activity exactly as described on the itinerary. However, the Organizer reserves the right to change the itinerary due to justifiable reasons such as bad weather, fire, road works and road closure, natural disaster, unsafe conditions and any unforeseen circumstances
  • EcoMarine Malta has the right to cancel the tours in the eventuality that booking for the tour are less than 7. the tour 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.
  • It is understandable that the tours take place weather permitting and any cancellations due to bad weather 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
  • EcoMarine Malta reserves the right to change the route in accordance to circumstances.
  • It is important to note that the Skipper/Captain is always in charge.
  • 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 departure and only in this circumstances, the clients are giving full refund less administrative fees of the amount paid.  (paid via Paypal 3.5%, paid via bank transfer 2.5%
  • The guests are aware that photos and videos are taken during the trip and said consent is given beforehand to avoid any doubt
  • Please be aware that we can not guarantee to sight dolphins or other cetaceans, but we can guarantee a different tour, surrounded by nature and tranquillity. Far away, as far as possible, from the usual routes to appreciate Maltese Island from a new point of view; learning something about the environment and marine life. In the worst case of nothing show, the guest can ask for booking one other experience at 20% discount. 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. You have read the Activity 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. 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 without delaying or disrupting the Activity or injuring Yourself.
  • You undertake to read and understand the Activity itinerary and any and all information provided to You before the Activity.
  • You warrant to act in a manner appropriate for other participants of the Activity to enjoy the Activity 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. You warrant that participation in this Activity is purely voluntary. This assumption of risks 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, 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 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. MINORS
  • Children under the age of sixteen (16) must be accompanied by a legal parent or guardian.
  • The Organizer agree to take minors from sixteen (16) years of age if waivers and the necessary paperwork are signed by legal guardian(s) and received prior to the commencement of the Activity.
  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 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 6.1 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.

 

  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 warrantees of merchantability or fitness for a particular purpose.
  • This Clause 7 shall survive the termination of this Agreement.
  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 A TOUR WITH ECOMARINE MALTA LTD. YOU ARE ACCEPTING THE TERMS AND CONDITIONS.