Terms and Conditions
Terms and Conditions
Bookings Terms and Conditions
- Please note that bookings are taken on ‘first come first served basis’ and are all subject to availability.
- If you reserve a self drive boat and on the day of the reservation the boat has technical difficulties and before the client goes out at sea, the client will be refunded the deposit only.
- The passenger/s renting the boat shall arrive at the 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 Carrier. If the Passenger fails to arrive in time, for any reservation, at Carrier’s check-in location or boarding place, Carrier may cancel the space reserved for him or her and will not delay the trip. Carrier is not liable to the Passenger for loss or expense due to the Passenger’s failure to comply.
- If you are pregnant, consult with your obstetrician prior booking for any boat ride / water sport.
- Please let us know if you have any medical conditions that may hinder with your choice of boat ride / water sport.
- Bookings may be altered or cancelled for safety of passengers due to:
- Weather conditions
- Vessel engine breakdown
- All other extras that are provided with some of the self drive boats, like : GPS , Stereo System and Showers, in case of faults or breakdown, the carrier shall not refund the hiring/rental costs. The extras mentioned are additional equipment to the boats.
- The passenger/s and driver shall follow the Carrier’s instructions at all time provided prior or during hiring the self drive boat.
- While hiring our self drive boats all the persons on-board shall not be under the influence of alcohol or any narcotics.
- Please let us know if you have difficulties to swim.
- In case of loss or mutation of a ticket, or part thereof, or non-presentation of a ticket, the Carrier may at the Passenger’s request replace such ticket or part thereof by issuing a new ticket on receipt of proof satisfactory to Carrier that a ticket valid for the carriage in question was duly issued.
- Any tax or charge imposed by government or other authority, in respect of a Passenger or the use by a Passenger of any service or facilities will be in addition to the published fares and charges and shall be payable by the Passenger.
- In the event of any increase in fuel or other costs subsequent to the issue of the Ticket, the Carrier reserves the right to increase the fare by such amount as is required to ensure that the fare remains the same after taking account of such increase.
- Carrier may refuse carriage of any Passenger or Passenger’s Baggage for reasons of safety or if, in the exercise of its reasonable discretion, Carrier 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 Carrier; or
- cause discomfort or make himself or herself objectionable to other passengers; or
- involve any hazard or risk to himself or herself or to other persons or to property; or
- such action is necessary because the Passenger has failed to observe the instructions of Carrier; 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 Carrier and The Passenger 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
- has been reported as being lost or stolen; or
- is a counterfeit ticket; or
- has been altered by anyone other than the Carrier or its authorised agent, or has been mutilated;
- And Carrier reserves the right to retain such ticket.
- The Passenger shall not include in his or her Baggage:
- items which do not constitute Baggage as defied in Article I hereof;
- items which are likely to endanger the vessel or persons or property on board the vessel;
- items the carriage of which is prohibited by the applicable laws, regulations or orders;
- items which in the opinion of the Carrier are unsuitable for carriage by reason of their weight, size or character, such as fragile of perishable items;
- Firearms and ammunition are prohibited from carriage as Baggage.
- The Passenger shall not include in Baggage fragile or perishable items, money, jewellery, precious metals, silverware, negotiable papers, securities or other valuables, business documents, passports and other identification documents or samples.
- Carrier may refuse to carry as Baggage any item because of its size, shape, weight or character.
- For reasons of safety and security, Carrier may request the Passenger to permit a search to be made of his or her person and/or his or her Baggage, and may search or have searched the Passenger’s baggage in his or her absence, for the purpose of determining whether he or she is in possession of or whether his or her Baggage contains any item described in Paragraph 17.
- Animals such as dogs, cats, household birds and other pets may, with the advance agreement of Carrier, be accepted for carriage.
- Acceptance for carriage of animals is subject to the condition that the Passenger assumes full responsibility for such animal. Carrier shall not be liable for injury to or loss, sickness or death of such animal.
- If due to circumstances beyond its control the carrier cancels or delays a trip or is unable to provide previously confirmed space, carrier shall either:
- Carry the passenger on another of its scheduled trip on which space is available; or
- Make a refund of the deposit only and shall be under no further liability to the Passenger.
- In case of a refund:
- Carrier shall make refund to the person who has paid for the ticket upon presentation of satisfactory proof.
- Except in the case of lost tickets, refunds will only be made on surrender to the Carrier of the ticket.
- A refund made to anyone presenting the ticket shall be deemed a proper refund and shall discharge Carrier from liability and any further claim for refund.
- A ticket is lost, refund will be made on proof of loss satisfactory to Carrier, on condition that the lost ticket has not been used, previously refunded or replaced.
- If the Passenger conducts himself or herself aboard the vessel so as to endanger the vessel or any person or property on board, or obstructs the crew in the performance of their duties or fails to comply with any instructions of the crew, or behaves in a manner to which other Passengers may reasonably object, Carrier may take such measures as it deems necessary to prevent continuation of such conduct, including restraint of the Passenger.
- The limits of liability established by the Merchant Shipping Act (Chapter 234 of the Laws of Malta) as amended from time to time shall apply to carriage regulated by these Conditions.
- Except to the extent provided in the said Act, or in any other mandatory provision of law, the Carrier, its servants or agents shall not in any circumstances whatsoever be liable for any damage howsoever, whenever or whosesoever the same may have been caused, even though such Damage is wholly or partly due to a wrongful act, neglect of default of the Carrier, its servants or agents.
- In particular and without prejudice to the generality of the foregoing: -
- the above shall apply whether the Passenger or Baggage were on land or water, or on or in any vessel or in any other place of any kind, and although the Baggage was in the charge of the Carrier, its servants or agents; or
- the Carrier shall be entitled to the benefit of every right, exemption, limitation, condition, and liberty which may be applicable to the Carrier by virtue of the said Act or any other law or otherwise howsoever and every right, exemption, limitation, condition and liberty contained in these Conditions or applicable as aforesaid, shall extend to protect every servant or agent of the
- Carrier, and all such persons shall, for the purposes of the Conditions be, or be deemed to be, parties to any contract covered by these Conditions; and
- the Carrier shall not be liable for the act, neglect or default of its servants of agents acting outside the course of their employment.
- No agent, employee or representative of Carrier has authority to alter, modify or waive any provision of these Conditions of Carriage.
- 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 here from.
- Full refund will be given upon cancellation only 48hrs prior the excursion, rental of vessel or equipment.
- When renting a boat, the customer is required to arrive one hour before the time of rental. If the customer is late, they are required to advise our office as soon as possible. Arrival after an hour of the boats rental time will result in cancellation of the booking and loss of the deposit, unless the full price of the rental is paid beforehand.
Boats rented at Bluewaves Watersports are rented for pleasure and comfort purposes. The engine capacities of the boats must be used for cruising speeds only, NOT for racing or use of full power.
Website Terms and Conditions
Website Terms and Conditions
These terms and conditions govern your use of our website; by using our website, you accept these terms and conditions in full. If you disagree with any part of these terms and conditions, do not use our website.
- Intellectual Property Rights
Unless otherwise stated, we and / or our licensors own the intellectual property rights in this website and material on this website. Subject to the license below, all these intellectual property rights are reserved.
- License to Use Website
You may view, download for caching purposes only, and print pages from this website for your own personal use, subject to the restrictions below.
You may not:
- Republish material from this website (including republication on another website);
- Sell, rent or otherwise sub-license material on the website;
- Reproduce, duplicate, copy or otherwise use material on our website for any commercial purpose;
- Edit or otherwise modify any material on the website; or
- Redistribute material from this website (except for the content specifically and expressly made available for redistribution (such as our newsletter)).
- Limitations of Liability
Whilst we endeavor to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
We will not be liable in any manner of form whatsoever, for any direct or indirect loss or damage arising under these terms and conditions or in connection with our website, whether arising in delict, contract or otherwise. Without limiting the generality of the foregoing exclusion, we will not be liable for any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings arising under the terms and conditions of our website, whether direct or indirect, and whether arising in tort, contract, or otherwise.
- Restricted Access
(Access to certain areas of our website is restricted). We reserve the right to restrict access to other areas of our website, at our discretion.
- Bulletin Board / Chat Room / Comments
- You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website.
- You must not use our website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
- You must not use our website for any purposes relating to marketing without our express written consent.
- You must not use our website to copy, publish or send mass mailings or spam.
- You must not use our website to copy, publish or send material which is illegal or unlawful, or material which could give rise to any legal action. You are to ensure that whenever you copy, publish or send material via our website that such material is not defamatory, obscene, indecent, hateful, discriminatory or inflammatory. It must also not infringe any person’s intellectual property rights, impinge upon any person’s privacy, or constitute incitement to commit a crime. Furthermore, the material must not be misleading, deceptive or sexually explicit.
- We reserve the right to edit or remove any material posted upon our website.
- In order to protect our rights in full, we may take such action, as we deem appropriate to deal with the posting of unsuitable material, including suspending or cancelling your account, restricting your access to our website, or commencing legal proceedings against you.
- In respect of all material that you post on our website, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute such material in any media, together with the right to sub-license such rights.
We may revise these terms and conditions from time-to-time. Please check this page regularly to ensure you are familiar with the current version.
- Entire Agreement
- Law and Jurisdiction
These terms and conditions will be governed by and construed in accordance with Malta Law, and any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Malta.