Version 1, 12.01.2023

1. Application of these General Terms and Conditions

1.1 This website is made available to all users (hereinafter referred to as “User”) and is governed by these General Terms and Conditions. By making a reservation or otherwise using the site, the User expressly agrees to be bound by these Terms and Conditions.

1.2 Quad Bike Hire Malta, Gozo, Malta (hereinafter referred to as “Quad Bike Hire Malta”) operates an intermediary online platform (hereinafter referred to as the “Quad Bike Hire Malta Platform”), accessible at www.quadbikehiremalta.com, which facilitates the display and booking of various tourist tours, activities, experiences, rentals, and transfers (collectively referred to as “Tourist Services”).

1.3 The Tourist Services presented on the Quad Bike Hire Malta Platform are offered and provided by independent third-party suppliers (hereinafter referred to as “Supplier”). Contracts for the provision of such Tourist Services are concluded directly between the User and the Supplier. The Supplier’s terms and conditions may apply in addition to these General Terms and Conditions. The User will receive these additional terms and conditions upon booking confirmation and, at the latest, upon entering into a direct agreement with the Supplier. Where a User, or a sub-intermediary acting on behalf of a User, books a Tourist Service, the contractual relationship is established solely between the User and the Supplier. Quad Bike Hire Malta is not a contracting party concerning the Tourist Services offered through its platform.

1.4 The contractual relationship between the User and Quad Bike Hire Malta is limited solely to facilitating the connection between the User and the Supplier and transmitting relevant booking information. Quad Bike Hire Malta does not act as an organizer, lessor, seller, or contractual counterparty for the Tourist Services. Quad Bike Hire Malta provides no warranties or guarantees regarding the quality, availability, or performance of the Tourist Services offered by Suppliers. Any inquiries, claims, or disputes relating to the Tourist Service, including its execution, must be addressed directly to the Supplier.

1.5 Quad Bike Hire Malta may make the Quad Bike Hire Malta Platform available to certain cooperating partners (sub-agents or distribution partners) for the booking of Supplier’s Tourist Services. The use of the platform by such third parties requires a separate contractual agreement and is strictly prohibited without the prior written authorization of Quad Bike Hire Malta.

1.6 Quad Bike Hire Malta reserves the right to restrict or deny User access to the Quad Bike Hire Malta Platform, in whole or in part, and may impose conditions for such access at its sole discretion.

2. Information Available on the Quad Bike Hire Malta Platform

2.1 The content on the Quad Bike Hire Malta Platform is provided for general informational purposes only and does not constitute a binding offer from Quad Bike Hire Malta. The conclusion of any agreement for Tourist Services requires a booking request through the platform and the Supplier’s acceptance of such request, in accordance with these General Terms and Conditions.

2.2 While Quad Bike Hire Malta endeavors to ensure the accuracy of the information displayed, it makes no warranties, express or implied, regarding the completeness, correctness, currency, reliability, or suitability of such information, including content provided by third parties. Quad Bike Hire Malta reserves the right to modify, update, or remove information at any time without prior notice and bears no obligation to mark outdated information as such.

3. Booking of Tourist Services, Conclusion of Contract, Cancellation, and Modification

3.1 The User may browse the Quad Bike Hire Malta Platform to select Tourist Services. By selecting a specific service, the User is provided with relevant details, including but not limited to duration, price, and the Supplier’s terms and conditions. The User is responsible for ensuring compliance with these conditions. The Supplier reserves the right to refuse participation in an activity if the User fails to meet the required criteria, and in such cases, no refund shall be issued.

3.2 The User must provide relevant booking specifications (e.g., date, time, number of participants) via the designated booking form and proceed by selecting “Get Details.”

3.3 Upon submission of a booking request, Quad Bike Hire Malta will notify the User via email regarding the booking process. If the Supplier accepts the request, Quad Bike Hire Malta will provide payment instructions. If the request is declined, payment instructions will not be issued.

3.4 The Supplier generally confirms or declines a booking request within two days. Upon confirmation, a binding contract is established directly between the User and the Supplier. Quad Bike Hire Malta will then issue a booking confirmation email on behalf of the Supplier, including the Supplier’s terms and conditions. If the booking request is declined, the User will be informed accordingly.

3.5 Quad Bike Hire Malta will transmit all relevant booking details received from the Supplier to the User. However, Quad Bike Hire Malta does not guarantee the accuracy of the transmitted data nor the proper execution of the Tourist Services by the Supplier.

3.6 The User may request a booking modification up to 72 hours before the scheduled Tourist Service date by contacting Quad Bike Hire Malta via email at info@quadbikehiremalta.com. Quad Bike Hire Malta will provide the User with availability information regarding the rescheduling request.

3.7 The User may cancel a booking by sending a written request via email to info@quadbikehiremalta.com. Quad Bike Hire Malta will confirm the cancellation in writing. In the event of cancellation, the User acknowledges that the booking fee is non-refundable.

3.8 Failure to appear at the designated departure point of a Tourist Service shall result in the forfeiture of the booking fee. However, if all ferry services between Malta and Gozo are suspended on the day of the scheduled Tourist Service, thereby preventing the User from reaching the departure point, a full refund will be issued. It remains the User’s responsibility to verify alternative travel options to arrive on time.

3.9 The Supplier reserves the right to modify or cancel a Tourist Service at any time, including on the scheduled date, due to adverse weather conditions, official regulations, strikes, or other unforeseeable events constituting force majeure. If a modification occurs, the Supplier will offer a comparable activity. If the Supplier cancels the service, the User will receive a cancellation notification and refund details from Quad Bike Hire Malta.

4. Pricing and Payments

4.1 All promotional offers are explicitly marked as such.

4.2 Prices listed on the Quad Bike Hire Malta Platform are per person or package and include applicable taxes.

4.3 Prices are determined by Suppliers and may be subject to special conditions, including cancellation policies and refund terms.

4.4 Payments are summarized in the booking confirmation. A prepayment is charged upon the Supplier’s booking confirmation to secure the reservation, while the remaining balance is payable directly to the Supplier on the day of the Tourist Service.

4.5 Quad Bike Hire Malta reserves the right to refuse a payment method. Permitted payment methods will be specified during the booking process.

4.6 By authorizing a payment, the User consents to the collection of payment information for transaction processing.

5. Availability of the Quad Bike Hire Malta Platform, Third-Party Content, and Disclaimer of Warranties

5.1 Quad Bike Hire Malta does not guarantee the continuous availability, quality, or specific features of the Quad Bike Hire Malta Platform, nor does it provide technical support. Quad Bike Hire Malta reserves the right to modify, limit, or suspend the platform, in whole or in part, at its sole discretion. Any existing agreements between the User and a Supplier, as well as their execution, remain unaffected by such changes.

5.2 Quad Bike Hire Malta makes no express or implied warranties regarding the uninterrupted availability or functionality of the Quad Bike Hire Malta Platform. It does not warrant that the platform or its underlying infrastructure is free from errors, viruses, or other harmful elements. Furthermore, Quad Bike Hire Malta does not guarantee that information presented on the platform has not been modified due to technical issues or unauthorized third-party interference.

5.3 Quad Bike Hire Malta does not guarantee the accuracy, completeness, or reliability of any information provided by third parties, including but not limited to Suppliers.

5.4 Quad Bike Hire Malta assumes no responsibility for third-party content available on the Quad Bike Hire Malta Platform, including but not limited to Tourist Services offered by Suppliers or related information. Additionally, Quad Bike Hire Malta is not responsible for external content linked to or referenced on the platform. The inclusion of such links does not imply endorsement or recommendation. Quad Bike Hire Malta disclaims any liability arising from such content. If a User identifies illicit content on the Quad Bike Hire Malta Platform, they may report it by emailing info@quadbikehiremalta.com.

5.5 Where the Quad Bike Hire Malta Platform provides links to third-party websites, Users access such websites at their own risk. Quad Bike Hire Malta strongly recommends reviewing the privacy policies and terms of use of such external sites, as it does not control or assume liability for the manner in which these websites process personal data.

6. Liability of Quad Bike Hire Malta

6.1 Quad Bike Hire Malta acts solely as an intermediary platform connecting Users with Suppliers and is not a party to any agreement between them. Quad Bike Hire Malta does not provide, perform, or control the Tourist Services and shall have no liability for their execution, quality, safety, or legality.

6.2 Quad Bike Hire Malta shall not be held responsible for the conduct, performance, or failure of the Supplier, nor for any injury, loss, damage, or claim arising from the Supplier’s services, including but not limited to personal injury, property damage, or financial losses. Any claims related to the provision of services must be directed solely to the Supplier.

6.3 Quad Bike Hire Malta shall not be liable for any damages or losses incurred by the User, except in cases where such damages arise directly from Quad Bike Hire Malta’s own negligence or intentional misconduct.

6.4 Quad Bike Hire Malta assumes no responsibility for the accuracy, reliability, or legality of any third-party content, including but not limited to service descriptions, pricing, images, or external links provided by Suppliers. Users engage with third-party services at their own risk.

6.5 To the maximum extent permitted by law, Quad Bike Hire Malta’s total liability, if any, shall be strictly limited to direct damages resulting from its own negligence and shall not, under any circumstances, include indirect, incidental, punitive, or consequential damages.

6.6 Nothing in this clause shall exclude liability where such exclusion is prohibited by applicable law, including cases of personal injury or death caused by Quad Bike Hire Malta’s negligence, fraud, or willful misconduct.

7. Data Protection

7.1. Quad Bike Hire Malta collects and uses personal data of Users to the extent that is necessary for the operation of the Quad Bike Hire Malta Platform and the conclusion and execution of the Tourist Services Agreement between the User and the Supplier.

7.2. If Quad Bike Hire Malta is involved in the communication relating to the Tourist Service Agreement between the User and the respective Supplier, it shall transfer the data required or this agreement to the respective Supplier. This Supplier processes and uses the data to initiate, conclude and execute the contract on its own responsibility. The identity of the respective Supplier can be taken from the booking dialogue.

7.3. Further information can be found in the Privacy Policy of Quad Bike Hire Malta at www.quadbikehiremalta.com/privacy-policy/.

8. Governing Law and Jurisdiction

8.1. These Terms and Conditions are governed by the laws of the Republic of Malta.

9. Miscellaneous

9.1 If any provision of these General Terms and Conditions is determined to be invalid, unlawful, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced by a legally permissible provision that most closely reflects the intent of the original provision.

9.2 Online Dispute Resolution: Pursuant to Article 14, Paragraph 1 of the Online Dispute Resolution (ODR) Regulation, the European Commission provides an online dispute resolution platform, accessible at https://ec.europa.eu/consumers/odr/. Our contact email for any related inquiries is info@quadbikehiremalta.com. However, Quad Bike Hire Malta is neither obligated nor willing to participate in any dispute resolution proceedings before a consumer arbitration board.