These terms and conditions, as may be amended from time to time, apply to all our services made available online. By accessing, browsing and using our website or any of our applications through whatever platform (the “website”) and/or by completing a reservation, you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below.
The website is owned, operated and provided by O.F. Gollcher & Sons Ltd (“Gollcher Ferries”, “us”, “we” or “our”), which is a limited liability company incorporated under and registered in the Maltese Registry of Companies and bearing the registration number C-4951, with its registered address at 19, Zachary Street, Valletta, Malta and is provided for your use subject to the terms and conditions set out below.
1. USE OF SITE
Gollcher Ferries grants you a limited license to use this site in accordance with the terms and conditions of this User Agreement. You may only use this site to make legitimate reservations and shall not use this site for any other purposes, including but not limited, to make any speculative or fraudulent reservations, or reservations in anticipation of demand. You agree that you will not use any device or software to interfere, or attempt to interfere, with the proper functioning of this site.
You agree that you will not take any action that imposes a load on our infrastructure that Gollcher Ferries deems in its sole discretion to be disproportionate to the benefits Gollcher Ferries obtains from your use of the site.
You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right resulting from your use of this site.
2. SCOPE OF OUR SERVICE
We act as an intermediary between you and ferry lines and/or booking agencies or platforms selling their services on-line. The service provided by us through this Site is limitedly that of creating a link between you and the ferry lines and/or booking platforms by helping you access their online booking services.. Gollcher Ferries does not bear any responsibility for the reservations made and the services advertised and provided by the ferry lines and/or booking platforms, nor the terms and conditions attached to the services provided by the said ferry lines and/or booking platforms. You understand and acknowledge that by making a reservation through the website you enter into a direct and legally binding contractual relationship with the ferry line and/or booking platform with which you place a booking. Gollcher Ferries acts solely as an intermediary between you and the ferry line and/or booking platform, transmitting the details of your reservation to the relevant ferry line and/or booking platform. When entering a reservation for a particular service, you will be directly routed to the online services, terms and conditions and booking facility provided by the ferry line and/or booking platform providing the service and your reservation will be entered directly with the said ferry line and/or booking platform on the terms and conditions provided by such ferry line and/or booking platform.
The information relating to the particular services being offered for reservation on the website is provided and operated directly by the ferry lines and/or booking platforms. The ferry lines and/or booking platforms are fully responsible for the correctness of the information which is displayed on their website and accessed through the use of our website and for updating all rates, availability and other such information available on their website and accessed through our website. We therefore cannot guarantee that all the information is accurate, complete or correct, nor can we be held responsible for any errors, interruptions (due to whatever cause), inaccurate, misleading or untrue information or non-delivery of information. Our website does not constitute and should not be regarded as a recommendation or endorsement of any service mentioned on our website.
We are not, and do not represent ourselves to be, agents of the ferry lines and/ or booking platforms whose services you may contract through the use of this web-site.
The use of our web-site for commercial purposes, including the re-selling of services made available through it, is strictly prohibited.
3. LIMITATION OF LIABILITY. Gollcher Ferries assumes no responsibility, and you hereby acknowledge that it shall not be held liable for any damages whatsoever, including damages sustained by your computer equipment, as a result of your access to, use of, or browsing in this site. In no event shall Gollcher Ferries be liable for any incidental or consequential damages of any kind (including but not limited to lost profits), which is in any way connected with the use of this site, or the failure or delay in performance by Gollcher Ferries or any third party providers.
Without prejudice to the above, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies or agents shall be responsible for any damages of whatever nature (including indirect and consequential damages) and degree that you may suffer as a result of any act or omission, whether intentional or as a result of negligence, of the ferry lines and/or booking platforms (their employees, directors, officers, agents, representatives or affiliated companies) whose services you may contract through the use of this web-site, including any (partial or full) cancellation, overbooking, strike, force majeure or any other event beyond our control.
If, notwithstanding the above, Gollcher Ferries or any third party provider is found liable for any loss or damage which arises out of the use of this website, the liability of Gollcher Ferries and the third party providers shall in no event exceed the lesser of:
- the service charge for the services rendered to the injured party by this site and as a result of which the damages arose, or
4. INDEMNITY. You shall indemnify Gollcher Ferries, third party providers and their directors and employees from any claim, including reasonable legal or other fees, brought on your behalf in excess of the liability described herein, as a result of your use of this site.
5. LINKS. This site contains links to web sites which are owned and operated by third parties. These links are provided only as a convenience to you, and are not endorsed by Gollcher Ferries. Gollcher Ferries shall not be responsible for the content of any other Web site linked to by this site, and make no warranty regarding other web sites and their contents.
6. TERMINATION. Gollcher Ferries may terminate this User Agreement, these terms and conditions and the provision of any services at any time for any reason, including any improper use of this site or your failure to comply with these terms and conditions, without prior notice. Such termination shall not affect any right to relief to which Gollcher Ferries and its third party providers may be entitled, at law or in equity. Upon termination of this User Agreement and these terms and conditions, all rights granted to you will terminate and revert to Gollcher Ferries and its third party providers.
8. RESERVATIONS. When you purchase services from ferry lines and/or booking platforms through the use of this intermediary site, you are agreeing to the applicable Terms and Conditions, including pertaining cancellation and amendment penalties. Your attention is drawn to the applicable Cancellation and Amendment Policy provided upon entering your reservation before continuing with your booking.
10. Your attention is drawn to the general cancellation and no-show policy of each ferry line and/or booking platform. You acknowledge that we have no control over the cancellation policy adopted by the individual ferry lines and/or booking platforms and are not responsible for the actions of the ferry lines and/or booking platforms.
11. MISCELLANEOUS. These terms and conditions and the provision of our services shall be governed by and construed in accordance with Maltese law and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted for arbitration in Malta to an independent arbitrator to be appointed in accordance with the rules set out in the Malta Arbitration Act (Chapter 387 of the Laws of Malta.)
The English version of these terms and conditions is the original version and shall bind the Company in case of inaccuracies between two versions of the same terms and conditions.
If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, the invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.