Version 1, 12.01.2021

1. Application of these General Terms and Conditions

1.1 This site is available for all the users (from now on, User) and subject to these Terms and Conditions. When the User makes a reservation or uses the site in any other way, the User agrees to these Terms and Conditions.

1.2. Quad Bike Hire Malta, Gozo, Malta (from now on, Quad Bike Hire Malta) runs an intermediary online platform (from now on, Quad Bike Hire Malta Platform) www.quadbikehiremalta.com. It is available via the internet and displays tourist tours, activities and experiences, rentals and transfers (from now on, Tourist Services).

1.3. Tourist Services are offered and placed online by a range of independent local suppliers (from now on, Supplier). Contracts for Tourist Services are concluded directly between the User of the Quad Bike Hire Malta Platform and the Supplier. Additional terms and conditions of the Supplier for the provision of the Tourist Services may apply. The User will be provided with these additional terms and conditions in the confirmation of the booking and upon signing a contract with the Supplier at the latest. If a User books Tourist Services or if a sub intermediary makes a booking on behalf of a User, a corresponding contract is concluded directly between this User and the Supplier. Quad Bike Hire Malta is not a contract party with regards to the Tourist Services offered on the Quad Bike Hire Malta Platform.

1.4. The contractual relationship between the User and Quad Bike Hire Malta only comprises the proper referral of the User by Quad Bike Hire Malta to the respective Supplier, or the forwarding of information from the Supplier to the User. Quad Bike Hire Malta does not act as the organizer, lessor, seller or other contract partner with regards to the Tourist Service. Quad Bike Hire Malta makes no guarantee or warranty as to the Tourist Services provided by the Supplier. The contact partner of the User in the event of questions and claims in connection with a Tourist Service agreement and its execution is solely the respective Supplier.

1.5. Quad Bike Hire Malta also provides the Quad Bike Hire Malta Platform to certain cooperating partners (subagent/distribution partner) for the booking of the Supplier’s Tourist Services. The use of the Quad Bike Hire Malta Platform by subagents or distribution partners requires a separate contractual agreement and is not permitted without the prior written authorization of Quad Bike Hire Malta.

1.6. These General Terms and Conditions apply to any use of the Quad Bike Hire Malta Platform, including but not limited to any bookings of Tourist Services through the Quad Bike Hire Malta Platform.

1.7. Quad Bike Hire Malta may block Users from accessing the Quad Bike Hire Malta Platform or parts of it, or require certain conditions to be fulfilled for such access.

2. Information available on the Quad Bike Hire Malta Platform

2.1. The information on the Quad Bike Hire Malta Platform is for general informational purposes only. Information on the Quad Bike Hire Malta Platform does not constitute a binding offer of Quad Bike Hire Malta. Binding agreements with Supplier of Tourist Services available on the Quad Bike Hire Malta Platform require a booking request through the Quad Bike Hire Malta Platform and the Supplier’s acceptance of the booking request according to these General Terms and Conditions of Quad Bike Hire Malta.

2.2. While Quad Bike Hire Malta tries to ensure that the information available on or through the Quad Bike Hire Malta Platform is accurate, it does not provide any warranties, express or implied, in relation to its correctness, completeness, currency, reliability, suitability for any purpose or otherwise (including for any information provided by third parties). Quad Bike Hire Malta may change, add or remove information on the Quad Bike Hire Malta Platform and its structure and functions at any time at its sole discretion, without specifically informing of any such change, and without removing outdated information or characterizing it as such.

3. Booking of Tourist Services, Conclusion of Contract, Cancelation and Alteration of Tourist Services

3.1. The User chooses the desired Tourist Services on the Quad Bike Hire Malta Platform. By clicking on one of the offered Tourist Services the User is provided with information about the Tourist Services, including e.g. duration and price and, if applicable, the terms and conditions of the Supplier for the provision of the Tourist Services. The User is responsible for meeting and complying with these conditions. The Supplier may reserve the right to exclude the User from individual activities or the Tourist Service itself, if the User does not comply with the terms and conditions of the Supplier. In such case, the Supplier may reserve the right that the paid price will not be refunded.

3.2. The User enters the specifications of the desired Tourist Service (e.g. desired date, start time, number of participants) on the booking form and proceeds by clicking “Book Now”.

3.3. Quad Bike Hire Malta shall provide the User with a booking proceedings by email. If the Supplier accepts the offer, Quad Bike Hire Malta will provide the User with payment instructions in order to secure the booking. In case the Supplier declines the offer, payment instructions will not be sent.

3.4. The Supplier confirms or declines the booking request usually within two days towards Quad Bike Hire Malta. In case the Supplier confirms the booking of the User, the contract for the selected Tourist Service is concluded directly between the User and the Supplier. Quad Bike Hire Malta shall provide the User with a booking confirmation email in the name of the Supplier, with the Supplier terms and conditions. In case the Supplier declines the booking of the User, Quad Bike Hire Malta will inform the User accordingly.

3.5. Quad Bike Hire Malta shall forward to the User any data for the use of the Supplier’s Tourist Service according to the applicable conditions, once it has been received from the Supplier. Quad Bike Hire Malta assumes no guarantee for the accuracy of forwarded data or for the performance of Tourist Services by the Supplier.

3.6. The User can request a reschedule of his/her booking up to 72 hours before the scheduled Tourist Service date by sending an email to info@quadbikehiremalta.com. Quad Bike Hire Malta shall provide the User with a reschedule availability information email in these cases.

3.7. The User may cancel his/her booking of the Tourist Service by sending an email to info@quadbikehiremalta.com. Quad Bike Hire Malta shall provide the User with a cancellation confirmation email in these cases. In the event the User decides to cancel his/her booking, the booking fee paid by the User will not be refunded.

3.8. If the User does not present himself/herself at the departure of the Tourist Service, the booking fee paid by the User will not be refunded. If however, all ferry services between the islands of Malta and Gozo are halted on the day of the scheduled Tourist Service, and as a result the User is unable to reach the departure of the Tourist Service on time, a full refund will be issued to the User. It is the User’s responsibility to check for all available routes to arrive for the Tourist Service on time.

3.9. The Supplier may alter or cancel the Tourist Service up to and on the agreed date without observing a period of notice, if weather conditions, official measures, strikes or other unforeseeable or unavoidable external conditions (in particular force majeure) make the execution of the activity impossible, make it considerably more difficult or endanger it. In the case of alteration, the activity takes place and the Supplier offers a comparable activity program. In the case of Supplier cancellation, the activity does not take place and Quad Bike Hire Malta shall provide the User with a cancellation and refund information email.

4. Pricing and Payments

4.1. All special offers and promotional campaigns are marked as such.

4.2. All prices on the Quad Bike Hire Malta Platform are quoted per person or package and include VAT, sales taxes and all other applicable national, governmental, provincial, state, municipal or local taxes or levies.

4.3. The prices are specified by the Suppliers and may be subject to special conditions, for example with regard to cancelation and the refunding of payments made. Before making the booking, please check precisely whether the respective Tourist Service is subject to separate conditions.

4.4. The payment for the Tourist Service is summarized for the User in the booking proceedings via email. The payment designated as “Prepayment” is charged upon the Supplier’s confirmation of the booking and ensures the reservation of the Tourist Service for the User. Quad Bike Hire Malta can issue an invoice for this payment. The remaining amount is to be paid by the User to the Supplier on the day of the Tourist Service. It has to be paid on site directly to the Supplier before the Tourist Service starts. If necessary, the User shall request the invoice for this payment directly from the Supplier.

4.5. Quad Bike Hire Malta can reject the payment method specified by the User. The User is notified of the payment methods permitted for the respective service during the order process.

4.6. Upon the authorization of the payment, the User consents to his/her payment information being used for the collection of payments by Quad Bike Hire Malta.

5. Availability of the Quad Bike Hire Malta Platform, Third-party Content, No Warranty

5.1. There is no claim against Quad Bike Hire Malta for availability, quality or service features of, or technical support for the Quad Bike Hire Malta Platform. Quad Bike Hire Malta may redesign, reduce or suspend the Quad Bike Hire Malta Platform at any time, at its discretion. Existing agreements of the User with a Supplier, as well as the execution of these agreements, remain unaffected by these changes.

5.2. Quad Bike Hire Malta does not provide any warranties, express or implied, in relation to the availability of the Quad Bike Hire Malta Platform or its functions or that the Quad Bike Hire Malta Platform and the infrastructure on which it runs is free from viruses and other harmful software. Moreover, Quad Bike Hire Malta does not guarantee that information available on the Quad Bike Hire Malta Platform has not been altered through technical defects or by unauthorized third parties.

5.3. Quad Bike Hire Malta makes no guarantee or warranty as to the accuracy or completeness of data provided by third parties (such as Suppliers).

5.4. Quad Bike Hire Malta does not assume any responsibility for third party content (including any Tourist Services of Suppliers available for booking and information relating to such Tourist Services) that may be available through the Quad Bike Hire Malta Platform, and for content linked to the Quad Bike Hire Malta Platform or which are linked to from it or referred to. Quad Bike Hire Malta does not recommend or endorse such content, and will not have any liability relating to it. If you think we have illicit content on the Quad Bike Hire Malta Platform, please send an email to info@quadbikehiremalta.com.

5.5. Where Quad Bike Hire Malta links to third party websites, you use such websites at your own risk. We recommend reading the policies of these websites and review how these websites may process personally identifiable data relating to you.

6. Liability of Quad Bike Hire Malta

6.1. Unless Quad Bike Hire Malta has assumed a contractual obligation by means of an explicit agreement with the User, Quad Bike Hire Malta is not liable for the execution or conclusion of any Tourist Service agreement by the Supplier.

6.2. Unless explicitly declared or agreed by Quad Bike Hire Malta, Quad Bike Hire Malta is neither liable for defects in the performance of the Tourist Service by the Supplier nor for personal or material damage incurred by the User in connection with the Tourist Services provided by the Supplier.

6.3. Any liability of Quad Bike Hire Malta for damages resulting to injury of life, limb or health due to the culpable violation by Quad Bike Hire Malta, its legal representatives or its vicarious agents of obligations in the brokering of contracts for Tourist Services remains unaffected.

6.4. Any liability of Quad Bike Hire Malta for the violation of a key obligation, which needs to be fulfilled in order to allow the proper execution of the brokering agreement or the violation of which endangers the fulfilment of the contractual purpose or for other damages incurred by the User due to a grossly-negligent breach of duty by Quad Bike Hire Malta or a wilful or grossly-negligent breach of duty by a legal representative or vicarious agent of Quad Bike Hire Malta remains unaffected.

6.5. In case of ordinary negligence, Quad Bike Hire Malta is only liable for the violation of a key contractual obligation and only for foreseeable and typical damage. Key contractual obligations are obligations, which need to be fulfilled to make the proper execution of the contract possible and whereby the User can regularly rely on them being met.

6.6. Quad Bike Hire Malta does not assume any responsibility for third party content (including any activities available for booking requests, and information relating to such activities) that may be available through the Quad Bike Hire Malta Platform, for content linked to the Quad Bike Hire Malta Platform or linked to from it or referred to. Quad Bike Hire Malta does not recommend or endorse such content, and will not have any liability relating to it. Where Quad Bike Hire Malta links to third party websites, you use such websites at your own risk. Quad Bike Hire Malta recommends reading the policies of these websites and review how these websites may process personally identifiable data.

6.7. Restrictions of liability do not apply within the scope of guarantees issued, in the event of an injury to life, limb or health or for claims based on product liability law.

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. Applicable Law and Place of Jurisdiction

8.1. The use of the Website of Quad Bike Hire Malta, the Quad Bike Hire Malta Platform and any contractual relationship between the User and Quad Bike Hire Malta is subject to the laws of the Republic of Malta. If the User is an individual person and at the time of the use of the Quad Bike Hire Malta Platform, the place of residence is not in Malta, the mandatory consumer protection legislation of the country of residence of the User remain applicable.

9. Miscellaneous

9.1. If provisions of these General Terms and Conditions are or become invalid, this shall not affect the validity of the rest of the provisions.

9.2. Online Dispute Resolution (Art. 14, para. 1 ODR Resolution): The European Commission provides a platform to help you resolve online disputes: https://ec.europa.eu/consumers/odr/. Our email address is info@quadbikehiremalta.com. Quad Bike Hire Malta is neither obliged nor willing to participate in the online dispute resolution.