Terms & Regulations
This regulation outlines the terms of use for the cominoferry.com reservation service and includes:
- General Terms of Use
- General Commercial Terms
- General Commercial Terms for Tour Providers and Other Tourist Services
- Cancellations and Refunds
As part of the intermediary service, cominoferry.com provides visitors with a reservation platform.
Agreements for tourist services are made directly between users of the reservation platform and tour providers or other tourist service providers. If a user books services, the agreement is made directly between that user and the provider. cominoferry.com is not a party to the agreement concerning the tourist services offered on this site.
I. Terms of Use
1. Who operates this website?
This website (hereinafter referred to as the "Reservation Platform" or "Platform") is provided by Maltamariner, Gozo, Malta. You can contact us via email at (rejsy@cominoferry.com). Reservations made through the Platform are subject to the General Commercial Terms and the General Commercial Terms for Tour Providers and Tourist Services.
2. Application of These Terms of Use
These Terms of Use ("Terms of Use"), along with our Privacy Policy ("Privacy Policy"), apply to all use of the Reservation Platform. Visitors to the Platform ("User" or "You") may use it only provided that they accept the Terms of Use and have read and understood the Privacy Policy. Any further use of the Reservation Platform or any part of it signifies that you have read and understood the Terms of Use and Privacy Policy and agree to comply with all parts of the provisions contained in both documents.
3. No Offer
The information contained on this Platform is for informational purposes only and does not constitute a binding offer on our part. Binding agreements with service providers available on the Reservation Platform require submitting a reservation request through cominoferry.com and the acceptance of the reservation request by the provider in accordance with the General Commercial Terms.
4. No Warranty
While cominoferry.com strives to ensure that the information on the Platform is accurate, it makes no warranties, express or implied, regarding their correctness, completeness, timeliness, reliability, fitness for a particular purpose, or otherwise (including for any information provided by third parties). cominoferry.com may at any time, at its sole discretion, change, add, or remove information from the Reservation Platform, may alter its structure and functions without notifying you of such changes, and without removing outdated information or marking it as such. cominoferry.com may also block user access to the Platform or parts of it, or require users to meet certain conditions for such access. cominoferry.com does not provide any warranties, express or implied, regarding the availability of the Reservation Platform or its features, nor warranties that the Reservation Platform and the infrastructure on which it operates are free from viruses and other harmful software. Furthermore, cominoferry.com does not guarantee that the information available on this Platform has not been altered by technical defects or by unauthorized third parties.
5. Limitation of Liability
cominoferry.com excludes its liability and the liability of its agents and independent contractors, as well as their employees and officers, and its sub-agents or distribution partners for damages related to access to (or inability to access) the Reservation Platform, or for any errors or omissions, or results obtained from using the Reservation Platform, regardless of the legal basis for such liability, except for liability for damages caused intentionally or due to gross negligence, and only to the extent permitted by applicable law. The limitations of liability do not apply to the scope of provided warranties, in cases of bodily injury, health, or life, or in cases of claims based on product liability regulations.
6. Third-Party Content, Links to Other Websites
cominoferry.com is not responsible for third-party content (including any activities available for reservation and information regarding these activities) that may be accessible through the Reservation Platform, as well as for content linked on the Platform or linked to it. cominoferry.com does not endorse or support such content and bears no responsibility for it. If cominoferry.com links to third-party websites, you use such sites at your own risk. We recommend reviewing the privacy policies of these sites and checking how these sites may process your personal data. If you believe we have illegal content on the Reservation Platform, please send an email to rejsy@cominoferry.com.
7. Intellectual Property Rights
The Reservation Platform is and remains protected by copyright and/or other intellectual property rights (including protection granted under unfair competition law). You do not acquire any rights to the Website or to any names, trade names, and trademarks of any kind (including trademarks) published on the Platform. You may access and browse the Reservation Platform, but you may not incorporate its content into other websites, copy, display, license, publish, download, transmit, send, or otherwise distribute it without our prior written consent.
8. Changes to These Terms of Use
cominoferry.com reserves the right to change these Terms of Use at any time and with immediate effect. If we make changes, they will be effective from the date of their publication on the Website. cominoferry.com expects that you will regularly check this section to ensure that you are aware of the current Terms of Use. Any further use of the Reservation Platform after such changes means that you agree to these changes.
9. Governing Law and Jurisdiction
The law of Malta applies, and the exclusive jurisdiction is Malta.
II. General Commercial Terms
1. Introduction
1.1 cominoferry.com operates an intermediary platform for online offers of tourist services via the internet and applications (hereinafter jointly referred to as the "Reservation Platform"). On the Reservation Platform, users can find and book tours, attractions, and experiences in Malta. The online offer includes guided tours, cruises, water taxis, boat and yacht charters, sightseeing, and other services. Offers are posted online by local Maltese providers (hereinafter referred to as "Providers"), with whom an appropriate service agreement for tourist services ("Service Agreement") is concluded. Providers' services are available through the Reservation Platform.
1.2 The Reservation Platform is aimed at both consumers and businesses. For the purposes of these General Commercial Terms, the following definitions apply: a. "Consumer" means any natural person who enters into a contract for purposes that cannot predominantly be attributed to a commercial or independent professional activity. b. "Business" means a natural or legal person, or a partnership, conducting its commercial activity or independent professional activity by entering into this agreement. c. "User" means a natural person unless that person has been explicitly registered on cominoferry.com as a legal entity. Actions and omissions occurring during the registration of a legal entity are attributed to the natural person unless performed within their authority for the legal entity. "User" also includes users referred by sub-agents or distribution partners.
2. Subject of These General Commercial Terms
These General Commercial Terms apply to all use of the Reservation Platform. The contractual relationship between the user and cominoferry.com typically includes only the appropriate redirection of users to the relevant Provider or the provision of relevant data entered by the user. cominoferry.com does not act as an organizer, lessor, seller, or other partner in the agreement concerning tourist services with the user.
3. Registration
Using the Reservation Platform does not require registration. Booking services is possible without registration.
4. Conclusion of the Agreement
4.1 When a user enters the desired service on the Reservation Platform (e.g., destination, type of tour, or number of participants), cominoferry.com will display information about the Providers' services ("Service Information"). Based on this information, the user may, after checking availability, submit a binding offer by submitting a reservation request to the appropriate Provider. This occurs after selecting and moving to the cart by clicking the "Confirm and Book" button. 4.2 The user is bound by their binding offer for five business days. More information can be found in Section 5 of the General Commercial Terms for Tour Providers and Other Tourist Services. 4.3 cominoferry.com will inform the user about the transportation and operational conditions of the Provider. These can be found in the respective offers. The user is responsible for meeting and complying with these conditions. The Provider reserves the right to refuse the user participation or exclude them if they do not meet the conditions. In such cases, there will be no refund for you. 4.4 Maltamariner will provide the user with a reservation confirmation issued on behalf of and for the Provider, as well as a payment confirmation. Using the Reservation Platform itself is essentially free for the user. The costs of technical access to the Reservation Platform (e.g., internet access) are borne by the user. cominoferry.com is authorized to collect invoice amounts on behalf of and for the Provider. 4.5 cominoferry.com will provide the user with any data necessary to use the Provider's service in accordance with applicable conditions (such as ticket information) as soon as they are received from the Provider. 4.6 cominoferry.com does not guarantee the accuracy of the transmitted data or the performance of services by the Provider, as all indicated and transmitted information is based on data from Providers or third parties that cominoferry.com cannot verify in detail.
5. Payments on Maltamariner
5.1 The Service Agreement concluded with the Provider concerns the fees that the user must pay for the Provider's services. 5.2 cominoferry.com is authorized to collect amounts on behalf of and for the Provider, unless otherwise explicitly stated in the Provider's invoice. If claims are to be paid by the user in a currency other than their national currency (claims for payment in foreign currencies), cominoferry.com may require payment in the user's national currency, and the currency claim may be converted based on the current exchange rate at the time of concluding the agreement. cominoferry.com may charge the user an appropriate fee for conversion. 5.3 The contact and contractual partner of the user in connection with the Service Agreement and its payment is the appropriate Provider. The user may claim a refund only from the appropriate Provider. A refund provided by the Provider may also be processed by the Provider through cominoferry.com. To simplify the process for the user, communication is recommended exclusively through the Reservation Platform. 5.4 To use cominoferry.com's payment features, the user must provide accurate payment information and immediately update the data in case of changes. cominoferry.com may reject the payment method specified by the user. The user will be informed about the allowed payment methods for a given service during the ordering process. 5.5 Upon payment authorization, the user consents to the use of their payment data for charging by the creditor. cominoferry.com reserves the right to condition the use of cominoferry.com's payment features on verifying the user's creditworthiness.
6. Prices
6.1 All prices on the Reservation Platform are quoted per person or for the entire service and include VAT and all other taxes. Local taxes may be charged on-site. 6.2 Prices specified by Providers may be subject to special conditions, for example, regarding cancellations and refunds of payments made. Before making a reservation, please carefully check whether a given Service Agreement is subject to separate conditions.
7. User Obligations and Commitments
7.1 The user releases cominoferry.com from all claims of third parties arising from their use of the Reservation Platform, unless they result from cominoferry.com's fault.
8. Availability and Warranty
8.1 There is no claim regarding the availability, quality, or features of services, nor technical support for the Reservation Platform. cominoferry.com may at any time, at its sole discretion, redesign, reduce, or suspend the operation of its Reservation Platform. Existing user agreements with Providers and their execution remain unchanged. 9.2 cominoferry.com does not guarantee or provide the accuracy or completeness of data provided by third parties (such as Providers). 9.3 cominoferry.com does not guarantee or provide the quality of services provided by Providers. The contact partner of the user for questions and claims related to the Service Agreement and its execution is the appropriate Provider. 9.4 If cominoferry.com has no obligations towards the user, it also does not provide any warranties.
9. Liability of cominoferry.com
9.1 Since cominoferry.com has not assumed the appropriate contractual obligation under an explicit agreement with the user, it is not liable for the execution of the relevant agreements with Providers in accordance with the user's reservation request. 9.2 Without an explicit agreement or assurance of such nature, cominoferry.com is not liable for defects in the execution of the service and for personal or material damages incurred by the user in connection with the tourist service provided by the Provider. If various tourist services are provided, this does not apply unless cominoferry.com gives the impression of performing the intended tourist services on its own responsibility. 9.3 Any liability of cominoferry.com for contractual claims of the user remains unchanged under the above terms. 9.4 cominoferry.com's liability for the user's contractual claims is limited to three times the price of the purchased tourist services, except for:
- any breach of a key obligation that must be fulfilled to enable the proper performance of the intermediary agreement or a breach that threatens the achievement of the agreement's purpose;
- liability for damages incurred by the user due to the breach of duty by cominoferry.com or its assistant, resulting in injury, health, or life;
- liability of cominoferry.com for any other damages incurred by the user due to gross negligence of duty by cominoferry.com or intentional or gross negligence of duty by cominoferry.com's legal representative or assistant.
9.5 In the case of ordinary negligence, cominoferry.com is liable only for the breach of a key contractual obligation and only for foreseeable and typical damages. Key contractual obligations are obligations that must be fulfilled to enable the proper performance of the agreement and that the user can regularly rely on. 9.6 The limitations of liability do not apply to the scope of provided warranties, in cases of bodily injury, health, or life, nor in cases of claims based on product liability regulations.
10. Maltamariner's Rating Function
10.1 Users have the ability to influence the content of the Reservation Platform by writing travel reports in the form of reviews or submitting photos ("user content"). Users are fully responsible for the provided user content. They ensure that the content is accurate and guarantee that the content does not contain any misleading or illegal statements or details. Additionally, users guarantee that the content does not infringe on the rights of third parties. Under no circumstances and in no way does cominoferry.com consider user content its own, but merely provides the Platform. 10.2 cominoferry.com may use user content in various ways. This includes displaying them on the website, transforming, editing to enhance clarity or improve grammar, incorporating them into advertisements or other works. 10.3 cominoferry.com may remove or report user content when necessary and at its sole discretion. For example, cominoferry.com may remove user content if it violates the Reservation Platform's content rules, at cominoferry.com's discretion. cominoferry.com is not obliged to store copies of user content nor to provide these copies. cominoferry.com does not guarantee the confidentiality of user content. 10.4 cominoferry.com and its distribution partners or sub-agents may display advertisements and other information together with or alongside user content on the website and other media. Users have no claims for compensation for these advertisements. It is reserved to change the type and scope of these advertising activities. The user does not need to be specifically notified. 10.5 Users fully release cominoferry.com and its distribution partners or sub-agents from all third-party claims (including associated litigation and legal defense costs) at first request that these third parties bring against cominoferry.com in connection with the user content provided by the user. This also applies if the disputed content is no longer available on the Reservation Platform. This does not apply if cominoferry.com is liable for the breach of law. In the case of third-party claims, users must immediately, truthfully, and fully provide cominoferry.com with all information necessary to verify the claims and their defense.
11. Data Protection
11.1 cominoferry.com collects and uses users' personal data to the extent necessary to create, shape content, or modify the terms of the agreement between the user and the Reservation Platform. 11.2 If cominoferry.com is involved in communication regarding the Service Agreement between the user and the appropriate Provider, it will provide the necessary data for this agreement to the appropriate Provider. This Provider processes and uses the data to initiate, conclude, and execute the agreement at their own responsibility. The identity of the appropriate Provider can be found in the reservation dialogue. 11.3 More information can be found in Maltamariner's data protection terms on the page https://cominoferry.com/privacy-policy.
12. Changes to These General Commercial Terms
12.1 cominoferry.com reserves the right to change these General Commercial Terms at any time and without notice. cominoferry.com will make changes concerning the user that the user must accept considering mutual interests. This applies, for example, to cases where the principle of equivalence has been violated, as well as gaps and changes in legal regulations. 12.2 These Commercial Terms may be changed at any time and without prior notice for future service agreements with the Provider. The applicable terms remain valid for each individual agreement.
13. Other Provisions
13.1 These General Commercial Terms constitute the entire agreement between cominoferry.com and the user. There are no additional agreements. 13.2 The law of Malta applies. If you have placed an order as a consumer and at the time of placing the order your residence is in another country, the mandatory legal provisions of that country apply, regardless of the choice of law in clause 1. The legally applicable jurisdictions remain unaffected. 13.3 If the provisions of these General Commercial Terms are or become invalid, this does not affect the validity of the remaining provisions.
III. General Commercial Terms for Tour Providers and Other Tourist Services
1. Introduction
This section applies to all agreements concluded between Providers and users through the Reservation Platform.
2. True Information
Data submitted through the Reservation Platform must be truthful. The Provider reserves the right to withdraw from the agreement or exclude users from participating in the service and to claim compensation in the amount of cancellation costs, in accordance with Section 11 of the General Commercial Terms for Tour Providers and Other Tourist Services, if the user has provided false data.
3. Arrival at the Meeting Point and Compliance with Conditions
The user is responsible for arriving on time at the specified meeting point. If the user arrives for the activity from abroad, they are responsible for having the necessary travel documents (passport, etc.) and for complying with health regulations, etc.
4. Additional Conditions
If the Provider, in addition to these General Commercial Terms for Tour Providers and Other Tourist Services, includes additional participation or transportation conditions in the agreement with the user, the user is responsible for complying with them. The Provider reserves the right to exclude participants from the activity if they do not meet these conditions.
5. Binding Nature of the Offer
The agreement between the user and the Provider comes into effect upon the Provider's acceptance of the user's binding offer. When a user books a tour or another activity, they submit a binding offer to the Provider, which is valid for five business days. If the Provider accepts the offer within this period, the agreement becomes binding. The user receives a notification of this fact via email.
6. Payment
The agreed total price for the provided service is payable upon conclusion of the agreement.
7. Information on the Right of Withdrawal
The Provider informs that, in accordance with legal regulations (Section 312, paragraph 2, no. 4, 312g, paragraph 2, clause 1, no. 9, BGB), contracts for tourist services concluded within the framework of remote sales (i.e., via the Reservation Platform) do not have a right of withdrawal, but only the right to withdraw and cancel the agreement in accordance with the law.
8. Insurance Liability
The price of services does not include insurance. The user is responsible for providing appropriate insurance coverage. The insurance requirement depends on the booked activity.
9. Unpaid Services
If the user does not pay for the booked service in accordance with the agreed payment deadline, even though the Provider is willing and able to perform the contractual service and there is no right to withhold payment by the user, the Provider has the right to withdraw from the agreement and charge the user cancellation costs in accordance with point 11.
10. Exchange of Messages
All messages between the user and the Provider take place through the Reservation Platform. To facilitate quick processing, exclusive use of the forms provided by Maltamariner is recommended.
11. Cancellation Policies
11.1 If a user rejects (cancels) an activity, the cancellation conditions stated in the product description and on the voucher apply. Maltamariner recommends that the user carefully review the information contained in the product description. 11.2 Provided that the product description does not contain different cancellation conditions by the Provider, the tourist service Provider will charge the following cancellation fees: a. Up to 7 days before the start of the activity: full refund. b. Less than 24 hours before the start of the activity or in case of no-show: no refund. 11.3 The user may prove to the Provider that they have incurred no damages or that the damages are significantly less than the fee charged by the Provider. 11.4 The Provider reserves the right to demand higher, specific compensation instead of the aforementioned flat rates if the Provider can prove that they have incurred significantly higher costs than the appropriate flat rate fee. In such cases, the Provider is obliged to provide specific data and evidence for the requested compensation, taking into account saved costs and other use of services. 11.5 Refunds are made using the same payment method. In the case of credit cards that are charged monthly, the amount will be credited at the end of the current billing period. The exact refund time depends on the user's agreement with the credit card issuer. Refunds by bank transfer are made within seven business days.
12. Extraordinary Cancellation
The Provider may cancel an activity within the agreed timeframe without notice if weather conditions, official measures, strikes, or other unforeseen or unavoidable external conditions (in particular, force majeure) make it impossible to perform the activity, significantly hinder it, or threaten its execution. In such cases, the paid price will be refunded.
13. Exclusion from Participation
The Provider has the right to deny participation in an activity or exclude a user from it if the user does not meet personal participation requirements, their participation would pose a threat to themselves or others, or in any other way would prevent the long-term conduct of the activity. In such cases, the paid price is non-refundable.
14. Program Changes
The Provider reserves the right to make non-essential changes to the program if necessary due to unforeseen or unavoidable conditions.
15. Further Conditions
Further conditions or different conditions can be found in the respective offers.
16. Time Zone
The Provider's time zone applies to time and deadlines calculations.
17. Liability of the Tour or Tourist Service Provider
The Provider is liable in accordance with applicable law for their services, with liability, if permitted by applicable law, excluded.
18. Changes to These General Commercial Terms
These General Commercial Terms for Tour Providers and Other Tourist Services may be changed at any time and without notice for future reservations. The applicable terms remain valid for each individual reservation. The user has no claim to future reservations based on existing terms.
IV. Cancellations and Refunds
Cancellation Policy
Details regarding the cancellation policy can be found on the activity, tour, water taxi, or ferry service page in the FAQ section.
Rescheduling
You can change the date or time of your activity, tour, or ferry service (or add or remove guests) within 24 hours of making the reservation and up to 7 days before the planned start of the experience. If you reschedule the activity, tour, or ferry service, the cancellation policy is based on the original purchase time.
Cancellations Due to Weather
Many activities, water taxis, tours, and ferry services are weather-dependent. If your reservation needs to be canceled or rescheduled, you will be notified of these changes via email or phone at least 24 hours before the planned start. If rescheduling is not possible, you will be entitled to a full refund.