Baggage means such articles, effects and other personal property with which a Passenger is accompanied; including articles worn or carried by the person.

HC means Hornblower Company 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 HC incidental thereto.

Passenger means any person, except members of the crew, carried or to be carried in a vessel with the consent of HC.

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

1. HC offers boat tours in Malta, Comino, Gozo and surroundings.
2. 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.
3. The skipper is always in charge. Safety is paramount.
4. By booking a ticket or renting a boat you are accepting the terms and conditions of HC.

Article 2: CHECK-IN

1. The Passenger shall arrive at HC 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 HC. If the Passenger fails to arrive in time at HC check-in location or boarding place, HC may cancel the space reserved for him or her and will not delay the trip. HC is not liable to the Passenger for loss or expense due to the Passenger’s failure to comply with the provisions of this Article.
2.  All departure times are current and up to date on the relevant tours info page.  HC is not liable for any conflicting information found in any other locations.

Article 3: TICKETS

1. The ticket constitutes prima facie evidence of the contract between HC and the Passenger.
2. 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.
3. In case of loss or mutation of a ticket, or part thereof, or non presentation of a ticket, HC may at the passenger’s request replace such ticket or part thereof by issuing a new ticket on receipt of proof satisfactory to HC that a ticket valid for the carriage in question was duly issued.

Article 4: WAITING PERIODS AND DELAYS

1. 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 HC 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: ACCOMMODATION TRANSFERS

1. You must ensure that, at the Pick Up Time, one of the Passengers has with them a mobile (or other similar means of communication) that is switched on and is contactable using the contact number provided during the booking process.
   2. Once you have made your booking, we will send a confirmation e-mail with all the relevant information regards your pick up.
   3. On the day of your pickup, wait outside at the allocated location at the time provided in the confirmation email.
   4. If the driver does not show up at the given time, please allow five minutes and then call the number provided in the email.

Article 6: REFUSAL OF AND LIMITATION ON CARRIAGE

1. HC may refuse carriage of any Passenger or Passenger’s baggage for reasons of safety or if, in the exercise of its reasonable discretion, HC determines that: –

1. such action is necessary in order to comply with any applicable laws, regulations or orders; or
2. the conduct, age, mental or physical state of the Passenger is such as to: require special assistance of HC; 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
3. such action is necessary because the Passenger has failed to observe the instructions of HC; or
4. the Passenger has refused to submit to a security check; or
5. the applicable fare or any charges or taxes payable have not been paid, or credit arrangements agreed between HC and the Passengers have not been complied with; or
6. the ticket presented by the Passenger:
   1. has been acquired unlawfully or has been purchased from an entity other than the issuing HC or its authorised agent; or
   2. has been reported as being lost or stolen; or
   3. is a counterfeit ticket; or
   4. has been altered by anyone other than the HC or its authorised agent, or has been mutilated; and HC reserves the right to retain such ticket.

Article 7: EXECUTION OF THE CONTRACT

1. 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.
2. 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.
3. Alcohol under the age of 18 is prohibited. HC reserves the right to request a photo ID.
4. Passengers must follow all instructions of HC 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 HC, for example in relation to capacity, safety, public order or the imminent threat of damage or nuisance.

Article 8: LIABILITY OF HC

1. HC 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.
2. HC 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.
3. HC 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 in prohibited this is reiterated by the skipper and by clear signs on the vessel.

Article 9: LIABILITY PASSENGER

1. The Passenger is liable for damages caused by the Passenger to the property/goods used by HC or third parties.
2. All activities organised by HC take place entirely at the passengers’ own risk.

Article 10: GENERAL LIABILITY

1. HC 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 HC. The statutory damages are limited to the price of the boat rental of the trip in question.
2. Children fall under the responsibility of the parent(s).  On request, a life jacket can be provided.
3. Should HC not be able to comply with their obligations due to force majeure, there is no entitlement to restitution or compensation.

Article 11: PAYMENT, CANCELLATION AND AMENDMENTS

1. In the case of a booking: in agreement with our offer, we will send you a confirmation of the booking.
2. The client may cancel the order in writing only.
3. In the case of a booking: when you cancel within 7 days prior to the day of the cruise, 50% of the total cost are due. If you want to cancel within 3 days before the day of the cruise, the full price is due.
4. For catering a change in the number of people can always be made within 3 days. In connection with the purchase for the catering, we have to charge the associated costs within 3 days of the cruise day.
5. 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.
6. HC reserves the right to charge a Euro 5 administration fee for all booking amendments including cancellations.

Article 12 – COMPLAINTS

1. If the participant finds a shortcoming in the implementation of the agreement, HC shall be notified as soon as possible, so that HC 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 HC.
2. If the complaint is not satisfactorily dealt with on the spot, it can be submitted within 14 days from the end of the arrangement or activity in writing to HC. A clearly specified account of what the complaints are should be presented.

Article 13: FORCE MAJEURE

Notwithstanding the other provisions of this contact, HC 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 HC 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 14: 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 15: 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.