A binding contract is deemed to have been entered into between Cominology Limited (“Us/We”) and You when We have received a payment from You.
Application of Terms and Conditions
By boarding the Vehicle/boat you agree to be bound by these Terms and Conditions.
These Terms and Conditions shall bind the person affected in this booking and all other persons within his party. For these purposes ‘You’ and ‘Your’ shall be construed to include all other persons on whose behalf the booking is made. You are deemed to have notified every person on whose behalf the booking is effected of these Terms and Conditions and You agree to indemnify and hold Us harmless in the event of any claim lodged against Us by a person on whose behalf you have affected this booking.
Conduct on Board the Vehicle/Boat
You are expected to conduct yourself properly at all times whilst on board our Vehicles/boats and to have due regard to Your own safety and the safety of any other person on board the Vehicle/boat. You also agree to abide with all lawful commands given by Us or any person authorized by Us whilst on board the Vehicle/boat. No smoking is allowed on board the Vehicle/boat.
Refusal of Carriage
We reserve the right to request you alight the Vehicle/boat for reasons of safety, or if, in the exercise of reasonable discretion We determine that: (i) such is required in order to comply with any applicable laws, regulations or orders; or (ii) Your conduct, age, mental or physical state is such as to require special assistance which We cannot reasonably provide, or which causes discomfort to You or to any other person on board the Vehicle/boat or which involves any hazard or risk to Yourself or other persons or to property; (iii) is necessary on account of Your failure to observe any of Our instructions;
You should advise us in good time of any disability or medical condition which may require Our attention. We accept no liability of any inconvenience, damage or loss which may be caused by your failure to inform us of any such disability and/or medical condition.
We will make every effort to ensure that the execution of any service which We have accepted to provide to You is as marketed, published or scheduled by Us. Nonetheless, We reserve the right to make such alterations and amendments, including cancellation, which may become necessary for operational reasons or for reasons beyond our control.
We reserve the right to cancel Your booking at any time and to refund to you the fee paid by You to Us. In the event of cancellation, You agree that You shall have no further claim against Us as a result thereof.
We agree to refund to You the charge levied by us, excluding any taxes, should you cancel any booking within five (5) working days prior to the time indicated in the booking.
The Company shall not be bound to refund any payment to You in the event that You shall fail to show up at Our premises or designated meeting point at the time indicated in the booking form.
We shall have the right, in our absolute discretion, to disembark any passenger or passengers or to terminate, without further notice, the execution of any contract in the event that You (i) refuse to comply with any instruction or order of which We may give, or (ii) Your behaviour is likely to cause distress, damage, danger or annoyance to any other person whomsoever or to our property. We shall have no further responsibility towards You and You shall have no claim against Us.
You agree to indemnify Us for any material damage which you may occasion to our property.
The maximum liability for any damages (including loss of life or personal injury) which We shall be responsible for shall not exceed the lower of the following : (i) the total fare, fee or charge paid by You to Us, excluding taxes; (ii) the limits established in virtue of any applicable law in force at the time of the performance of the contract; (ii) the limits specified in the insurance policy under which We are insured.
We accept no responsibility for any loss or damage occasioned to Your personal belongings, either on the Vehicle/boat or within the Company’s premises, or for any loss or damage which You may suffer when not within or aboard Our property.
Control of Vehicle
You agree to abide by all applicable laws in the event that You are in control of any Our Vehicles and You assume responsibility for any damage to persons or property, including Our property or other persons aboard Our Vehicle of which you are in control, which you may occasion whilst in control of any such Vehicle.
This agreement shall be construed and interpreted in accordance with the laws of the Republic of Malta and subject to the exclusive jurisdiction of the Courts of the Republic of Malta.