Conditions for day-cruises organized by Boat Chartering Malta 2020.
Contracts of carriage are entered into with Boat Chartering Malta (“BCM”) and tickets are issued subject to these terms and conditions, which the passenger by purchasing a ticket acknowledges having read and understood, and agree to be bound by them. Verbal promises and representations by booking agents or BCM’ servants and agents will not be recognized by BCM if they are inconsistent with these terms and conditions.
1. BCM reserves the right to change prices, arrange alternative transport and change itineraries and services in any way whatsoever or cancel departures without any liability to a passenger if it seems necessary by BCM for any reason. Once charter agreement has been signed by both parties and down payment has been received, there will be no change in price as long as there are no services added or cancelled. Alternative transport has to be agreed by both parties in advance. For cancellations please follow point 14.
2. BCM shall not be liable for any damage, loss or injury which may arise or be alleged to arise directly or indirectly in the event of cancellation, change, variation or abandonment of the service before or during the course thereof (should BCM or any of its servants or agents in their absolute discretion decide that such cancellation, abandonment, change or variation is necessary) or in the event of any change or delay in the service arising from any cause whatsoever. For avoidance of doubt and without limiting the effect of this condition, in any such event BCM shall also not be liable in any way for the cost of any accommodation or for any alternative means of travel which may arise and additional expense so arising shall be the sole liability and responsibility of the passenger.
3. BCM may, without assuming any liability whatsoever to the passenger, arrange for any other person to undertake the service contracted for or any part thereof (“performing carrier”) and the performing carrier and his servants or agents shall be entitled to the benefit of these terms and conditions to the same extent as BCM and its servants and agents as if such person were a party to the contract.
4. For avoidance of doubt and without limiting any other term or condition of carriage, all services are subject to sea conditions and weather.
5. BCM is not a common carrier and reserves the right to refuse to carry any passenger or goods without assigning reason therefor.
6. Each full fare paying passenger is entitled to have not more than 10 kg of luggage carried free of charge
7. The passenger shall comply with the instructions of BCM’ servants and agents concerning all matters connected with the service including but not limited to the personal safety of the crew, themselves or other passengers.
8. Passengers confirm to be able to swim at least 500 meters; otherwise it is obligatory to be wearing a life jacket during the entire cruise. Passengers are required at all times to take all reasonable precautions for the safety of any person in their care (particularly children) and their own safety. This includes (but is not limited to) using hand and guard rails at all times as provided around the vessel, appropriately restraining children and ensuring that children are accompanied by a responsible adult at all times, paying attention to the safety briefing given by crew-members at the beginning of the cruise and being seated when advised or requested to do so for any reason by any of BCM’ servants or agents. Passengers are advised and required to take particular care in conditions of inclement, rough or heavy weather as advised by BCM’ servants or agents.
9. The passenger whilst on the vessel shall not consume any intoxicating goods/beverage unless it has been sold or otherwise supplied to him on board by servants or agents of BCM.
10. The passenger shall not take onto the vessel any explosives, volatile spirits, corrosives, any easily ignitable articles or offensive things likely to cause inconvenience to other passengers or anything likely to endanger the vessel, other passengers or goods. Smoking is not allowed during the cruise on the vessel.
11. BCM accepts no responsibility for damage, loss or injury to luggage or personal effects or loss, damage or injury to the passenger arising out of or in any way incidental or connected to the service or the accommodation of the passenger or the transfer of any passenger or luggage between the vehicle and/or the vessel and/or any place of accommodation whether such damage, loss or injury may be due or alleged to be due partly or wholly to misconduct or negligence or fault on the part of BCM, its servants or agents or any performing carrier or its servants or agents or otherwise howsoever.
12. BCM shall not be liable for the damage or loss of monies, negotiable securities, gold, silverware, jewellery or other valuables, even if such valuables have been deposited for the agreed purpose of safe-keeping whether such damage or loss may be due or alleged to be due partly or wholly to negligence or misconduct or fault on the part of BCM, its servants or agents or otherwise howsoever.
13. If an action is brought against a servant or agent of BCM or a performing carrier arising out of damage covered by the contract with BCM, such servant or agent, if he proves that he acted within the scope of his employment or agency, shall be entitled to avail himself of the defences and exclusions of liability which BCM or the performing carrier is entitled to invoke under the contract.
14. In the event of a ticket or booking being cancelled by the passenger, BCM reserves the right to charge cancellation fees in accordance with BCM’s current scale of refunds:
If the weather forecast will be force 6 onwards or rough seas either party can cancel the booking and a full refund will be made, if cancelled 48hrs (two days) before charter. In case the client would like to cancel the booking for other reasons, there is a 100% cancellation fee of the boat price. In case of a sudden weather change which would make the cruise unsafe, the captain can cancel the cruise at any time, for any safety reason.
15. The contract is subject to and shall be construed in accordance with the laws of Malta and the passenger agrees to submit to the exclusive jurisdiction of the courts of Malta.
16. If any term of the contract is found to be invalid or unenforceable, it shall be entirely severable from the remainder of the contract, and all other terms of the contract shall continue in full force and effect for all other purposes.
17. No term or condition of carriage other than those set out herein will be recognized. The contract may only be varied by agreement in writing between MS and the passenger.
18. Unless otherwise agreed, a deposit of 50% is required to secure the date for charter cruise, balance upon completion of order. (REST OF PAYMENT UPON EMBARKATION NO CREDIT)