STANDARD CONDITIONS OF CARRIAGE
Passengers and their property are carried on Maltatransfer.com services subject to the following terms and conditions, which shall apply to each ticket issued by Maltatransfer.com and each contract to carry any person entered into by Maltatransfer.com. Maltatransfer.com enters into a contract with the passenger upon the following terms and conditions set out for and on behalf of itself, its employees, agents and subcontractors. It is entirely within the discretion of Maltatransfer.com as to who operates Maltatransfer.com services. Any person who travels on a Maltatransfer.com service shall be considered to have agreed to be carried on these Terms and Conditions.
I - DEFINITIONS
1. In these Standard Conditions of Carriage, the following words shall have the following meanings:- “agents” means persons who have been specifically authorised to act on the Company’s behalf; “airport” means Malta International Airport; "airport stop" means the stop just outside the arrivals terminal at Malta International Airport; “arrival” means the trip between Malta International Airport and any hotel located in Malta; “child” or “children” means persons under fourteen (14) years of age; “Company” means Maltatransfer.com Limited “departure” means the trip between any hotel located in Malta and Malta International Airport; "journey" means each journey you are entitled to make on a service as set out in your ticket; "luggage" means any property, which you bring onto a vehicle or into a station, including any property, carried on your person; "service" means any journey to be provided or arranged by us or on our behalf for the purpose of carrying persons and their property, which is set out in a timetable published by us; "Special Conditions" means any additional or special condition relating to a particular ticket or the method of delivery of a ticket (including any restrictions as to the services, dates, days of the week, and times in the day on which travel is permitted and conditions to advance reservations of seats) as set out in any notices, offers or publications from us; “stop” means any stop where a service is to be commenced or completed; "ticket" means any ticket issued by us or on our behalf, which sets out our agreement to carry or arrange for the carriage of any person, including the services on which travel is permitted and the fare payable; "vehicle" means the coach, bus, taxi or other road vehicle or other means of transport provided by us, or any other carrier on which you are travelling; "we", "us" and "our" refers to Maltatransfer.com Limited a company registered in Malta with registered number C45461, whose registered office is at “Koptaco Buildings”, Sliema Road, Gzira GZR1635, MALTA; "working day" means a day other than a public holiday, Saturday or Sunday on which the banks in Malta are open to the public for the transaction of business; "you" means the person who we have agreed to carry or arranged to be carried, being the person who purchased a ticket or for whom a ticket was purchased, or any person who travels on a service with or without a ticket. 2. In this Agreement, a reference to the singular shall include the plural and vice versa, while a reference to the masculine gender shall include also the feminine and vice versa.
II - CARRIAGE SERVICES
1. Your ticket is your contract with Maltatransfer.com: A ticket that has been issued to you is evidence of a contract between you and the Company. If the ticket entitles you to any goods or services from a third party, it is also evidence of a contract between you and that party. 2. Your ticket Your ticket may only be used by the person for whom it has been bought. It cannot be resold or passed on to anyone else. 3. Requirement to hold your ticket You have the right to use the Company’s services if you hold a ticket or other accepted authority to travel which is valid for those services you want to make. 4. Carriage of children In the interest of safety, unaccompanied children under 14 years of age will not knowingly be carried in any circumstances. Children are to be deemed unaccompanied unless they are in the charge of a responsible person aged 18 years or over. The Company’s staff and agents reserve the right to request proof of age. 5. Permitted travel Your ticket permits you to make the journeys and travel on the services stated on the ticket, subject to any restrictions or statements as to the services, dates, days of the week, and times within a day on which you may travel, set out on the ticket or in any Special Conditions applicable to the ticket. Reduced and discounted fare tickets are usually subject to restrictions such as the dates, days, and times when you can use them, and the services on which they can be used. These restrictions are set out in the notices and other publications of the Company. If you travel on a service with a ticket which is not valid on that service because of such a published restriction, you will have to purchase a full price ticket for the journey made. 6. Period during which you can use a ticket Single: Valid for any one way journey on the day indicated on the ticket Return: Valid for a departure journey on the day indicated on the ticket as well as for an arrival journey on the day indicated on the ticket 7. Purchase of tickets Tickets may be pre-booked, that is, purchased online, or else they may be purchased on affiliated airlines, from kiosks at the Airport, or from the company’s agents; Although tickets constitute a seat reservation, such reservation does not guarantee you a particular seat on a vehicle and we may alter the seat that is assigned to you at any time. 8. Loss of ticket If your ticket is lost before travel, and you are unable to reprint it, then the Company may at its absolute discretion issue a new one if you ask for a replacement at least five (5) days before scheduled to travel and provide the Company with proof of your purchase, your identity and an acceptable explanation as to why your ticket was spoiled or tampered with. The Company may refuse to replace a ticket at its discretion and will charge a € 2 fee for replacing your ticket. 9. Refunds You are not entitled to cancel or reschedule a ticket, and the Company shall not be obliged to refund any fare for tickets in any circumstances, except for any refunds expressly allowed in this Clause and these Terms and Conditions or any Special Conditions. In the event of delays in the Company’s services, the ticket is valid for the next departure time from what is stated on the ticket for the same date of travel and from the original location only. If the vehicle you were booked to travel on is delayed by at least fifteen (15) minutes or cancelled without notice or there are insufficient seats or a standby vehicle service is not available and as a consequence you reasonably decide not to travel, you may claim a refund or reschedule if you return the ticket to an agent. If you have used the outward part of a return ticket we will refund 50% of the return fare, meaning you have used one journey of a round trip ticket. In case of late flight arrivals, the ticket is valid for the next departure time from the original location and for
III – YOUR RESPONSIBILITIES
1. You must check your ticket and change at the time it is issued When you buy a ticket, you should make sure that it is valid for the journey you want to make and that you have received the correct change, if applicable 2. You must arrive on time to board the vehicle You must be at the boarding point at least 10 minutes prior to the departure time of the vehicle to ensure travel on the specified service. Failure to do so may result in reserved seats being allocated to other passengers. No responsibility for any loss can be accepted in such circumstances. 3. You must make sure you are on the correct vehicle and that you get off at the right stop You are responsible for making sure that you join the correct vehicle and that you get off at the right stop as announced by the driver. 4. Inspection of tickets You must show and, when required, hand over for inspection, a valid ticket and/or personal identification documents at the request of the staff of the Company or its agent. 5. Making time for connections You must allow ample time for your journey to arrive in time to connect with other forms of transport provided by other carriers. In particular you should plan to arrive at the Airport at least two hours before your flight check-in time and at least one hour before departure time. Please note that it is ultimately your responsibility to verify that the flight departure time indicated on the ticket tallies with the actual departure time. You shall also be responsible to notify the Company of any change in your flight schedule. The Company does not accept responsibility for any delays caused by circumstances beyond our control. 6. Responsible behaviour You shall behave in a reasonable, sensible and lawful manner on a vehicle and at any station or stop. In particular, you are not permitted to: · smoke in or on any part of a vehicle operated by the Company · bring on to the Company’s vehicles or have in your possession when on them, intoxicating liquor for the purpose of consuming the same · consume intoxicating liquor on the Company’s vehicles · enter or remain upon the Company’s vehicles having consumed intoxicating liquor or when drunk · bring on to the Company’s vehicles or have in their possession when on them any medicinal products other than for medicinal purposes and always in accordance with Maltese laws and regulations · remain on a vehicle when directed to leave by the driver or other Company official on the grounds that he or she is causing a nuisance. In the event that you fail to abide by this clause or in the event that we have reason to believe you may continue any conduct in breach of this clause, we shall be entitled to restrain you, remove you from the vehicle or station, refuse you further carriage, cancel your ticket without refund, and take any other measures as we consider necessary to prevent continuation of such conduct, without you being entitled to any refund or compensation whatsoever.
IV –OUR RESPONSIBILITIES
1. It is the Company’s responsibility to carry the passengers, with the minimum discomfort and inconvenience to the destination shown on the ticket. However sometimes, due to circumstances beyond the Company’s control, our services may be disrupted or cancelled. 2. The Company shall not be in breach of its obligations to carry the passengers if a service is cancelled due to circumstances beyond its reasonable control, which shall be deemed to include, but not be limited to exceptional severe weather conditions, accidents causing delays on the vehicle service route, fire and/or damage at a station, compliance with requests of the police, deaths and accidents on the road, vandalism and terrorism and acts of God. 3. In the event of any failure by the Company to fulfil its obligations due to a circumstance beyond its reasonable control, the passenger shall be entitled to a refund of their ticket price but the Company shall have no additional liability beyond this. 4. If the Company fails to carry the passenger to his destination as shown on his ticket for any reason not otherwise excluded pursuant to these Terms and Conditions (for instance, and in particular due to a mechanical breakdown of the vehicle), the Company shall, at its own expense, arrange or provide alternative transport, such as another coach, private car, taxi etc to complete the journey as soon as reasonably practical having regard to the circumstances and provided that the Company does so within a reasonable time, it shall have no other liability as a result of any delay in performing its obligations. 5. Notwithstanding anything to the contrary contained in these terms, the Company’s liability for any failure on its part to carry the passenger to the destination shown on the ticket shall be limited to reimbursing the passenger for the reasonable cost of alternative travel to such destination by coach, private car or taxi (or any combination of them) and the passenger shall be reimbursed on presentation to the Company’s office of the appropriate receipt or other voucher for the cost of such travel. In particular, but without prejudice to the above, the Company shall have no liability for any consequential losses of the passenger as a result of failure by the Company to fulfil its obligations.
V – INDEMNITY AND LIABILITIES
1. You shall defend, hold harmless and indemnify, including legal fees, the Company and its customers against any loss, injury, damage, expenses, and delays suffered by the Company and its customers, and third party claims that arise or are alleged to have arisen as a result of negligent or intentional acts or omissions on your part or your breach of any term of this Agreement. 2. The Company’s liability towards you for death or personal injury is excluded unless such results from any negligent or wilful act or omission of the Company, its employees, agents or personnel. Nevertheless, the maximum aggregate total liability of the Company under this clause shall be limited to EUR 20,000
VI – CARRIAGE OF LUGGAGE AND PERSONAL PROPERTY
1. We reserve the right to refuse to carry in the hold more than one suitcase or similar package of luggage and more than one small bag inside the vehicle per person. Additional luggage may be carried subject to space being available within the vehicle. This right may be exercised even if larger amounts of luggage have been permitted on the outward journey. 2. Wherever possible, the Company will assist a wheelchair bound passenger. Folding wheelchairs will be carried where possible however battery-powered wheelchairs cannot be carried. The Company can offer no guarantee that a member of staff trained in the correct lifting and handling of the wheelchair bound passenger will be available to offer assistance. It is very important that you notify the Company on phone number (+356) 79646481 or on e-mail firstname.lastname@example.org at least 48 hours before the intended date of travel. Please note that a nominal charge may be applicable. 3. The Company reserves the right to charge for, or to refuse trunks or other bulky articles including but not limitedly to bicycles and diving equipment, or articles of an objectionable or dangerous nature, or which have sharp or protruding edges which may tear or damage other luggage with which it is packed within the vehicle. The Company is also entitled to request any passenger to open any article of luggage for inspection by the driver or other authorised employee of the Company in the presence of the passenger if, for reasons of security, the Company considers it necessary to do so. Subject to availability of accommodation, bicycles in a box/bag and skis/surfboards will be carried. Fragile items such as electronic goods, portable televisions, radios etc. will only be carried if they are of reasonable size and securely packed. The Company will not be responsible for damage to such items howsoever caused. 4. Passengers are responsible for getting themselves and their luggage onto the correct service. If the Company’s staff assist with luggage, it is still the passengers responsibility to see it on and off the vehicle. The passenger must also look after his or her luggage at all times including whilst at stations, stops and on the vehicle. Medication and valuables should not be stowed in the luggage hold but taken on board. The Company''''s liability is limited to € 500 per passenger and passengers are advised to ensure that they have proper insurance if their luggage is worth more than this. 5. Luggage given into the custody of the Company must be clearly and appropriately labelled and securely packed and locked/fastened. 6. The Company will not be liable for loss or damage to passengers luggage or to any possessions of the passenger unless such a loss or damage is caused by negligence on the part of the Company, its servants or agents; and, in the event of the Company being liable for loss or damage under this clause, its liability in such case shall be limited to the sum of € 500 per item of luggage with a maximum of € 1,000 for any single claim. Where an item of luggage contains items belonging to more than one person, only one claim will be considered by the Company. The Company''''s liability will be limited to € 250 for any one item within the luggage lost or damaged. The Company will not be liable for any monetary loss whatsoever. This includes currency, valuable securities such as cheques, money orders, premium bonds and certificates and all other items which may be valued in money or money''''s worth. The Company recommends passengers to insure their luggage and personal property. 7. Loss of luggage or personal property must be notified immediately to a Company employee. The passenger should also contact the company owning the vehicle on which they travelled. The Company reserves the right to levy a charge for storage and return of lost property
VII – CARRIAGE OF ANIMALS
1. Animals, other than guide dogs accompanying registered blind persons and hearing dogs accompanying deaf persons, will not normally be carried on the Company’s services. 2. A ticket must be obtained for any animal (except guide dogs accompanying registered blind persons and hearing dogs accompanying deaf persons) at a charge of € 10 Single. These tickets can only be purchased from the driver on board the vehicle. If an animal is taken on board without the driver’s permission the passenger may be required to remove it. The passenger accompanying any animal in the vehicle will be solely responsible for the animal and will indemnify the Company against all liability arising out of the carriage of the animal on the Company''s vehicle or out of the animal''s presence on the vehicle and the Company will not be liable for any loss or injury to the animal whether caused by negligence of the Company, it''s servants or agents or otherwise.
VIII – MISCELLANEOUS
1. Except as provided in these terms, the Company will not be held liable for any loss howsoever arising or caused as a result of any delay to such services or by the same not operating in accordance with their published timings. 2. The Company reserves the right to alter its timetables or suspend, cancel or withdraw services or departures or other facilities without notice, whether before or after a passenger has booked accommodation on the same. 3. The right is reserved to provide carriage between the points stated on the ticket issued to the passenger by means other than the vehicles scheduled to run on the journeys to which the ticket relates. 4. Any ticket sold or arrangement entered into on behalf of the passenger is on the condition that the laws of Malta shall apply to the contract arising and to the determination of the rights and liabilities of the respective parties and that no action or other proceedings shall be brought by either party in relation to the contract or for damages independent of such contract except in the Malta Centre for Arbitration. 5. If any term or article or part thereof in these Terms and Conditions is found by a competent judicial authority to be illegal or unenforceable in any respect, the validity of the remainder of these Terms and Conditions will be unaffected. 6. These Terms and Conditions may not be waived or altered under no circumstances, unless in writing and with the consent of the Company.