Terms and Conditions – Luzzu Cruises – Company Number C33710.
Baggage means such articles, effects and other personal property with which a Passenger is accompanied; including articles worn or carried by the person.
LC means Luzzu Cruises Ltd.
Damage includes death, injury, delay, loss, partial loss or other damage of whatsoever nature arising out of or in connection with carriage and other services performed by LC incidental thereto.
Passenger means any person, except members of the crew, carried or to be carried in a vessel with the consent of LC.
Headings are for convenience only and shall not affect the meaning of these Conditions.
Save where the context otherwise requires, the singular includes the plural and the masculine includes the feminine and vice versa.
Article 1: GENERAL
LC offers boat tours in Malta, Comino, Gozo and surroundings.
We reserve the right to change routes as well as start and end locations when weather conditions, shallows or other legitimate reasons so require. We will, as far as possible, inform passengers thereof in a timely manner.
The skipper is always in charge. Safety is paramount.
By booking a ticket or renting a boat you are accepting the terms and conditions of LC.
Article 2: CHECK-IN
The Passenger shall arrive at LC check-in location and boarding place sufficiently in advance of departure to permit completion of any formalities and departure procedures and in any event not later than the time that may be indicated by LC. If the Passenger fails to arrive in time at LC check-in location or boarding place, LC may cancel the space reserved for him or her and will not delay the trip. LC is not liable to the Passenger for loss or expense due to the Passenger’s failure to comply with the provisions of this Article.
All departure times are current and up to date on the relevant tours info page. LC is not liable for any conflicting information found in any other locations.
Article 3: TICKETS
The ticket constitutes prima facie evidence of the contract between LC and the Passenger.
A person shall not be entitled to be carried on the vessel unless that person presents a ticket valid and duly issued in accordance with these Conditions.
In case of loss or mutation of a ticket, or part thereof, or non presentation of a ticket, LC may at the passenger’s request replace such ticket or part thereof by issuing a new ticket on receipt of proof satisfactory to LC that a ticket valid for the carriage in question was duly issued.
Article 4: WAITING PERIODS AND DELAYS
In the case of regular trips there are no waiting times. This means that if you have purchased a ticket and arrive too late at the boarding point, the boat will not wait for you and LC can reassign your seats. Also, you will not be entitled to change the date or have the ticket refunded.
2. During the excursion if you miss and overstay at any location you are not entitled to either a full or partial refund.
Article 5: REFUSAL OF AND LIMITATION ON CARRIAGE
LC may refuse carriage of any Passenger or Passenger’s baggage for reasons of safety or if, in the exercise of its reasonable discretion, LC determines that: –
such action is necessary in order to comply with any applicable laws, regulations or orders; or
the conduct, age, mental or physical state of the Passenger is such as to: require special assistance of LC; or cause discomfort or make himself or herself objectionable to other passengers; or involve any hazard or risk to him/herself or to other persons or to property; or
such action is necessary because the Passenger has failed to observe the instructions of LC; or
the Passenger has refused to submit to a security check; or
the applicable fare or any charges or taxes payable have not been paid, or credit arrangements agreed between LC and the Passengers have not been complied with; or
the ticket presented by the Passenger:
has been acquired unlawfully or has been purchased from an entity other than the issuing LC or its authorised agent; or
has been reported as being lost or stolen; or
is a counterfeit ticket; or
has been altered by anyone other than the LC or its authorised agent, or has been mutilated; and LC reserves the right to retain such ticket.
Article 6: EXECUTION OF THE CONTRACT
Valid reasons for annulment of the contract are weather conditions (hard storm and/or high water) hindering or making the cruise impossible. The skipper determines in the first instance whether such conditions apply.
In case of misconduct, whether or not caused by alcohol consumption, the skipper has the right to pause or immediately terminate the trip. Persons who are already under the influence of alcohol/drugs at the start of the tour will be denied access to the boat. The customer’s payment obligation remains existent.
Alcohol under the age of 18 is prohibited. LC reserves the right to request a photo ID.
Passengers must follow all instructions of LC or its employees promptly and without delay. Access to vessels and jetties may be denied without a reason being provided, should this be deemed necessary by LC, for example in relation to capacity, safety, public order or the imminent threat of damage or nuisance.
Article 7: LIABILITY OF HC
LC is not liable for any damage to and/or loss of the passenger’s property. The Passenger takes all their property on board entirely at their own risk.
LC is not liable for damages to individuals or passengers’ goods, caused by entering or boarding a jetty or boat. The Passenger enters these areas entirely at their own risk.
LC is not liable for damages to individuals caused by use of the on-board slide. The passengers makes use of the slide at their own risk. Using the slide head first is prohibited this is reiterated by the skipper and by clear signs on the vessel.
Article 8: LIABILITY PASSENGER
The Passenger is liable for damages caused by the Passenger to the property/goods used by LC or third parties.
All activities organised by LC take place entirely at the passengers’ own risk.
Article 9: GENERAL LIABILITY
LC is not liable for personal injury or damage of any nature, regardless of its cause, prior, during or as a result of the trip. The exception to this is damage caused by a deliberate act or the gross negligence of LC. The statutory damages are limited to the price of the boat rental of the trip in question.
Children fall under the responsibility of the parent(s). On request, a life jacket can be provided.
Should LC not be able to comply with their obligations due to force majeure, there is no entitlement to restitution or compensation.
Article 10: PAYMENT, CANCELLATION AND AMENDMENTS
In the case of a booking: in agreement with our offer, we will send you a confirmation of the booking.
The client may cancel the order in writing only up to 24hrs before departure.
In the case of extreme weather conditions we will set in consultation and without additional charge, a new date that is going to be carried out within 60 days, or issue full refund.
LC reserves the right to charge a Euro 5 administration fee for all booking amendments including cancellations.
Article 11 – COMPLAINTS
If the participant finds a shortcoming in the implementation of the agreement, LC shall be notified as soon as possible, so that LC can find an appropriate solution. If the shortcoming is not resolved within a reasonable period of time and affects the quality of the arrangement or activity, this should be reported as soon as possible to LC.
If the complaint is not satisfactorily dealt with on the spot, it can be submitted within 1 day from the end of the arrangement or activity in writing to LC. A clearly specified account of what the complaints are should be presented.
Article 12: FORCE MAJEURE
Notwithstanding the other provisions of this contact, LC shall not be liable for any failure to perform its obligations hereunder if such a failure is caused by an event of Force Majeure. For purposes of this Agreement, the term “Force Majeure” shall mean any strike, lock-out or other industrial action, fire, damage to, or destruction in whole or in part of the facilities of LC inability to obtain raw materials or supplies, war, riot or revolution, acts of God or any other circumstances beyond the reasonable control of either party.
ARTICLE 13: MODIFICATION AND WAIVER
No agent, employee or representative of Carrier has authority to alter, modify or waive any provision of these Conditions of Carriage.
ARTICLE 14: JURISDICTION
These Conditions of Carriage shall be governed, construed and interpreted in accordance with the Laws of Malta and the competent Courts of Malta shall have exclusive jurisdiction over any dispute arising herefrom.