Conditions of Carriage

ARTICLE 1 – Definitions

“Gozo Fast Ferry”, “us”, “our”, “we”, “Carrier” – refers to Gozo Fast Ferry Limited, a Maltese limited liability company, having its registered address at 143, Palazzo Marina, St. Christopher Street, Valletta, VLT1436, Malta. Gozo Fast Ferry is the provider of a fast ferry service between Malta and Gozo.

“Damage” – includes death, injury, delay, loss, partial loss or other damage of whatsoever nature arising out of or in connection with carriage or other services performed by Carrier incidental thereto;

“Booking” – The act of buying a ticket on our ferries either bearing a specified day and time of the trip or as an open ticket with no specified day and day of the trip;

“Fares” – The price charged for travelling on our ferries;

“Ferry” – The vessel operated by us on any trip;

“Baggage” – means such articles, effects and other personal property with which a passenger is accompanied including articles worn or carried on the person.

“Online booking function” – Our booking function available on this website or on our smartphone app;

“Passenger”, “You”, “your” or “user” – means any person, except members of the crew, carried or to be carried in a vessel with our consent;

“Person” – Any natural person or any legally registered company or entity;

“Port” – The ports from which we operate include the Mgarr Harbour in Gozo and the Grand Harbour in Valletta;

“Premises” – Any premises which we own or operate from including offices, ticket offices, terminals, gangways and other similar facilities;

“Regulations” – Any instructions, rules, guidelines or directions which we may issue from time to time and which will detail the use of our service;

“Route” – The Route which the ferry will take between the Mgarr Harbour in Gozo and the Grand Harbour in Valletta and vice-versa;

“Service” – The transportation of passengers between Malta and Gozo;

“Smartphone App” – The smartphone app which is intended to provide the general public with information about Gozo Fast Ferry’s services, products and overall business, and which also allows for bookings of tickets;

“Terms” – Refers to these Terms of Use and Gozo Fast Ferry’s Privacy Policy which is incorporated in them by reference (Privacy Policy: [*]);

“Ticket” – Refers to a valid document of a transport contract that can either be in hard copy format (such as paper) or soft copy format (electronic format such as email) or electronic format (as an electronic ticket on a Tallinja Card) which entitles the holder to use the Gozo Fast Ferry service on a trip(s);

“Website” – Gozo Fast Ferry’s website, which is intended to provide the general public with information about Gozo Fast Ferry’s services, products and overall business, and which also allows for bookings of tickets;

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 2: Applicability

2.1. General

2.1.1. These Terms and Conditions apply to the carriage of Passengers and Baggage, performed by us for reward or for free.

2.1.2. Passengers shall be bound by and comply with all regulations and orders which we or the master of the vessel make or give from time to time with respect to Passengers and/or their Goods.

2.1.3. These Terms constitute a legally binding document that sets out the terms and conditions applicable to you.

2.2. Overriding Law: To the extent that any provision contained or referred to herein is contrary to anything contained in any applicable laws, government regulations, orders or requirements that cannot be waived by agreement of the parties, such provision shall not apply. The invalidity of any provision shall not affect the validity of any other provision.

ARTICLE 3: Tickets and Bookings

3.1. Ticket Prima Facie Evidence of Contract: The ticket constitutes prima facie evidence of the contract of carriage between us and the Passenger. The Conditions of Contract contained in the ticket are a summary of some of the provisions of these Conditions of carriage.

3.2. Requirement for Ticket: A person shall not be entitled to be carried on a vessel unless that person presents a ticket valid and duly issued in accordance with these Conditions. For the sake of clarity, children up to 4 years travel for free. Notwithstanding, their seat on board the ferry must be booked and they must be sat in a seat. Proof of age may be requested.

3.3. Loss, etc., of Ticket: In case of loss or mutation of a ticket, or part thereof, or non-presentation of a ticket we may at the Passenger’s request replace such ticket or part thereof by issuing a new ticket on receipt of proof which is satisfactory to us that a ticket valid for the carriage in question was duly issued.

3.4. Types of Ticket: A ticket can either be in a hard copy format (paper) or soft copy (electronic format such as email, tapping with a Tallinja Card) which entitles the holder to make a trip on our ferries.

3.5. Types of Booking:

3.5.1. Bookings may be made via our website or our smartphone app.

3.5.2. Bookings are personal to you and cannot be transferred to a third party.

3.5.3. You may book a ticket online for a specified day and time. This guarantees your place on the ferry for the given trip subject to the relevant articles below. If for whatever reason, you do not travel on the specified day and time, you will lose your ticket and you will not be entitled to a refund. You may also buy an open ticket with no specified day and time provided that this is used with 30 days from purchase. In this case, you will not have a guaranteed place on the trip which you eventually decide to take. After the lapse of the 30 days, any unused tickets shall be lost.

3.6. Validating your Ticket: Passengers must keep their ticket for the entire duration of the trip. Passengers must validate their ticket using the ticket validation machines available at Check-In. Tickets may be purchased from any one of the following sales points:

1. Our website: The passenger can book a ticket via our website and will receive the ticket by email. The passenger may validate a) a print out of the ticket, or b) a digital version of the ticket displayed on an electronic device (such as a smartphone).
2. Our smartphone app: The passenger can book a ticket via our smartphone app and will validate the ticket displayed on the smartphone from which the booking was made.
3. Tap and Go – Tallinja Card: The passenger will tap the Tallinja Card on the ticket validation machine for the correct fare to be deducted from the balance of the Tallinja Card. There is no need for pre-booking in this case.
4. Ticket Booths or Sales Agents at the check-in location: A passenger will scan a paper ticket on the validation machine.

3.7. Paying for your Ticket: You can pay for your ticket using a bank card when buying from our website, our smartphone app, the Ticket Booths and the Sales Agents. The Ticket Booths and Sales Agents also accept Cash. You can pay for your ticket using your Tallinja Card when buying from our website, our smartphone app, or by tapping on the validators when boarding the vessels.

ARTICLE 4: Fares and Charges

4.1. General: Fares apply for carriage from the port at the point of origin to the port at the point of destination. Other and additional fares apply for carriage on third party services including but not limited to the ferries operated by Valletta Ferry Services and the buses operated by Malta Public Transport.

4.2. Taxes and Charges: Any tax or charge imposed by government or other authority, or by the operator of a Port, in respect of a Passenger or the use by a Passenger of any services or facilities will be in addition to the published fares and charges and shall be payable by the Passenger.

4.3. Revision of Fares: We reserve the right to revise the fares from time to time.

4.4. Discounted Fares, Bundles of Trips and Special Offers:

4.4.1. Discounted Fares: We offer discounted fares to passengers subject to qualifying to predetermined criteria. Such discounted fares are linked to the Tallinja Card issued by Malta Public Transport and are subject to the terms and conditions of the Tallinja Card available at Passengers are required to present their Tallinja Card to an inspector at any point before, during or after the journey to verify that they have paid for their ticket. Proof of age may be requested before, during or after the trip.

4.4.2. Bundles of Trips: We offer bundles of trips which give the passenger more value for money. These are subject to the terms and conditions which are available on our website.

4.4.3. Special Offers: From time to time, we will offer special offers and discounts. These will also be subject to the passenger qualifying to predetermined criteria and to the terms and conditions which are also available on our website.

4.5. Fares for Third Party Services: We offer connections with third party transportation services as well as the option to pay for such services via our sales points. These include but are not limited to the ferries to Sliema and the Three Cities operated by Valletta Ferry Services and the buses operated by Malta Public Transport. The provision of such services is subject to the Terms and Conditions of the respective operators and we are not liable for any shortcoming of any of these operators.

4.6. Any passenger found without a valid Ticket shall be liable to a penalty of €50 per passenger.

ARTICLE 5: Check-In

5.1. The Passenger shall arrive at our check-in location and boarding place sufficiently in advance of departure to allow for the completion of any formalities and departure and in any event not later than the time that may be indicated by Carrier. If the Passenger fails to arrive on time at our check in location or boarding place, we will not delay the trip. We are not liable to the Passenger for any losses or expenses suffered due to the Passenger’s failure to comply with the provisions of this Article.

ARTICLE 6: Refusal of and Limitation on Carriage

6.1. Right to Refuse Carriage: We may refuse carriage of any Passenger or Passenger’s Baggage for reasons of safety or if, in the exercise of its reasonable discretion, we determine that: ­

a) such action is necessary in order to comply with any applicable laws, regulations or orders; or

b) the conduct, age or mental or physical state of the passenger is such as to:

i) require special assistance from us; or
ii) cause discomfort or make himself or herself objectionable to other passengers; or
iii) involve any hazard or risk to himself or herself or to other persons or to property; or

c) such action is necessary because the Passenger has failed to observe our instructions; or

d) the Passenger has refused to submit to a security check; or

e) the applicable fare or any charges or taxes payable have not been paid, or credit arrangements agreed between us and the Passenger have not been complied with; or

f) the ticket presented by the Passenger:

i) has been acquired unlawfully or has been purchased from an entity other than the issuing Carrier or its authorised agent: or
ii) has been reported as being lost or stolen; or
iii) is a counterfeit ticket; or
iv) has been altered by anyone other than Carrier or its authorised agent, or has been mutilated;

and Carrier reserves the right to retain such ticket.

6.2. Limitation on Carriage: Acceptance for carriage of unaccompanied children, disabled persons and persons with reduced mobility, pregnant women or persons with illness may be subject to prior arrangement with Carrier.

ARTICLE 7: Baggage

7.1. Items Unacceptable as Baggage:

7.1.1. The Passenger shall not include in his or her Baggage:

i) items which do not constitute Baggage as defied in Article 1 here of;
ii) items which are likely to endanger the vessel or persons or property on board the vessel;
iii) items the carriage of which is prohibited by the applicable laws, regulations or orders;
iv) items which in the opinion of Carrier are unsuitable for carriage by reason of their weight, size or character, such as fragile of perishable items;
v) live animals, except as provided for in Paragraph 4 of this Article.

7.1.2. Firearms and ammunition are prohibited from carriage as Baggage.

7.1.3. The Passenger shall not include in the Baggage any fragile or perishable items, money, jewellery, precious metals, silverware, negotiable papers, securities or other valuables, business documents, passports and other identification documents or samples.

7.1.4. If any items referred to in Subparagraph 7.1.1. or 7.1.2. of this Paragraph are carried, whether or not they are prohibited from carriage as Baggage, the carriage thereof shall be subject to the charges, limitations of liability and other provisions of these Conditions applicable to the carriage of Baggage.

7.2. Right to Refuse Carriage:

7.2.1. We may refuse carriage as Baggage of such items described in Paragraph 7.1.1 of this Article as they are prohibited from carriage as Baggage and we may refuse carriage of any such items on discovery thereof.

7.2.2. We may refuse to carry as Baggage any item because of its size, shape, weight or character.

7.3. Right of Search. For reasons of safety and security, we may request the Passenger to permit a search to be made of his or her person and his or her Baggage, and may search or have searched the Passenger’s Baggage in his or her absence if the Passenger is not available, 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 7.1.1. above. If the Passenger is unwilling to comply with such request we may refuse to carry the Passenger or Baggage.

7.4. Animals

7.4.1. Animals such as dogs, cats, household birds and other pets may, with our advance agreement, be accepted for carriage.

7.4.2. Acceptance for carriage of animals is subject to the condition that the Passenger assumes full responsibility for such animal. We shall not be liable for injury to or loss, sickness or death of such animal.

7.4.3. Animals can be boarded under the responsibility of their owners or holders.

7.4.4. The owner must make sure that the animal’s attitude is proper to the exigencies of coexistence with humans and animals regarding the environment he is living in. The Captain, or one of his officer composing the crew, can ask to the owner or holder to muzzle the dog in case of safety risks for other passengers, animals or objects. In case the owner or holder declares not to be able to comply with this order, he has to be disembarked at the first available dock without any right to be reimbursed. In case of refusal, the police services will be called for intervention, so that no delay or obstruction are created to the public service line.

7.4.5. The animals must not occupy any sitting place anyway and must be accommodated so as they do not disturb any other passenger and at all events the owner must attend to the cleaning of any excrement, having therefore the proper tools.

7.4.6. Transport conditions: The owner or holder shall use a fixed leash of max 1.5 mt in length and shall bring with him a muzzle (rigid or flexible). The embarking of dogs could anyway be limited or excluded at the discretion of the Captain, in case of great crash on the boat or in the event that the transportation would compromise the safeness of any other passenger.

ARTICLE 8: Schedules, Cancellation of Trips

8.1. Schedules: We undertake to use our best efforts to carry the Passenger and his or her Baggage with reasonable dispatch and to adhere to published Schedules in effect on the date of travel.

8.2. Cancellation and Changes of Schedule: If due to circumstances beyond our control we cancel or delay a trip or are unable to provide previously confirmed space, we shall either:

a. carry the Passenger on another of our scheduled passenger services on which space is available; or
b. make a refund in accordance with the provisions of Article 9 and shall be under no further liability to the Passenger.

ARTICLE 9: Refunds

9.1. General: On our failure to provide carriage in accordance with the contract of carriage, or where a Passenger requests a change of his or her arrangements, we may refund an unused ticket in accordance with this Article.

9.2. We shall make a refund to the person who has paid for the ticket upon presentation of satisfactory proof if such request is made 7 days prior to sailing.

ARTICLE 10: Lost Property

10.1. Any items found on board the vessel after the passenger has disembarked shall be reported and subsequently sent to our offices as soon as reasonably possible.

10.2. Any passenger claiming such lost property shall be required to do so at our office. Claimant must produce means of identification and shall allow us to note and keep in our records any information we require. Person making the claim for lost property must give a full description of the item being claimed to our satisfaction before we hand the lost property to the person making such claim. In all cases referred to in this article we shall not be held responsible for any items left on board of any of our vessels.

10.3. Carrier reserves the right to destroy any lost property which remains unclaimed for a period of 30 days.

ARTICLE 11: Conduct Aboard Vessel

11. 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 in the performance of their duties or fails to comply with any instruction of the crew, or behaves in a manner to which other Passengers may reasonably object, we may take such measures as deemed necessary to prevent continuation of such conduct, including restraint of the Passenger.

ARTICLE 12: Our liability if the Athens Convention applies

12.1. Our liability for a) death or personal injury and b) the loss of or damage to your baggage which occurs in the course of carriage by us will (in most circumstances) be limited by the Athens Convention.

12.2 In accordance with the Athens Convention, the baggage which you bring on board our ferry will be presumed to have been delivered undamaged by us unless we are given written notice by you: –

a) in the case of damage which is apparent before or at the time of disembarkation; or
b) in the case of damage which is not apparent, within 15 days of disembarkation;
c) in the case of loss, within 15 days of disembarkation.

12.3 None of our employees, agents, independent contractors or sub-contractors shall in any circumstances be under any liability to you for any loss, damage or delay arising directly or indirectly from any act or omission on their part while acting in the course of their employment or engagement by us and every right, exemption, limitation, condition, defence and immunity which applies to us shall in addition, apply for the benefit of our employees, agents, independent contractors and sub-contractors. For these purposes, we shall be regarded as acting as agent or trustee for our employees, agents, independent contractors and sub-contractors.

ARTICLE 13: Additional rights of passengers

EU regulation EU No. 1177/2010 provides additional rights for our passengers and obligations for us with regard to our ferry services. These additional rights and obligations are described on our website.