Terms & Conditions

1. Introduction

These Terms & Conditions govern your use of the XperienceFinder Malta website and the services made available through it.

By accessing the website, browsing experiences or completing a booking, you agree to be bound by these Terms & Conditions together with any specific terms, conditions, restrictions or cancellation policies shown for the experience you select.

If you do not agree with these Terms & Conditions, you should not use the website or make a booking through XperienceFinder Malta.

2. About XperienceFinder Malta

XperienceFinder Malta is operated by:

In these Terms & Conditions, references to “XperienceFinder Malta”, “ExpFinder Limited”, “we”, “us” or “our” refer to ExpFinder Limited.

3. Our Role

XperienceFinder Malta provides an online platform through which users can discover, compare and book tours, activities and experiences offered in Malta and Gozo.

Experiences displayed on the website may be operated and supplied by independent third-party experience providers, tour operators, boat operators or other local businesses (“Operators”).

Where an experience is supplied by an Operator, the Operator is responsible for performing the booked experience in accordance with the information and conditions applicable to that booking.

XperienceFinder Malta facilitates the discovery and booking process and may collect or process payment in connection with a booking, depending on the booking arrangement applicable to the experience.

4. Experience Information

We aim to provide clear and accurate information about the experiences available through the website, including descriptions, prices, locations, schedules, inclusions, exclusions and booking requirements.

Certain information is provided to us by the relevant Operator. Operators remain responsible for ensuring that information relating to their experiences is accurate and up to date.

Images are provided for illustrative purposes and may not always represent the exact vehicle, vessel, equipment, route, group size, weather conditions or other circumstances applicable on the date of your experience.

5. Bookings

To make a booking, you must provide the information requested during the booking process and ensure that all information supplied is complete and accurate.

You are responsible for checking the experience details before completing your booking, including:

• the selected experience;
• date and time;
• number and type of participants;
• meeting point or departure location;
• price;
• inclusions and exclusions;
• age, health, licence or participation requirements; and
• the applicable cancellation policy.

Some bookings may be confirmed immediately. Others may be subject to confirmation by the relevant Operator.

A booking is considered confirmed when you receive the applicable booking confirmation.

6. Prices and Payments

Prices displayed on the website apply to the experience and booking option selected and may be stated per person, per group, per vehicle, per boat or using another pricing basis clearly identified before booking.

The total amount payable will be shown before you complete the booking. Where applicable, taxes, charges or mandatory fees included in the price will be reflected in the booking information.

Payment must be made using one of the payment methods offered during the checkout process.

Prices and availability may change until a booking has been completed and confirmed.

7. Cancellations and Changes

Each experience may have its own cancellation and amendment policy. The applicable policy is displayed during the booking process or in the experience information.

By completing a booking, you accept the cancellation conditions applicable to that experience.

Where a booking qualifies for a refund under the applicable cancellation policy, the refund will normally be returned using the original payment method, subject to the conditions applicable to the booking and payment provider.

Requests to amend a booking are subject to availability and may not always be possible.

8. Right of Withdrawal

Consumers entering into certain distance contracts may have a statutory right of withdrawal under applicable consumer law.

However, this right does not generally apply to services related to leisure activities where the contract provides for a specific date or period of performance.

Many tours, activities, tickets, boat trips and other experiences available through XperienceFinder Malta are booked for a specific date or time. In such cases, the statutory cooling-off right may therefore not apply.

Your ability to cancel such a booking will instead be determined by the cancellation policy applicable to the experience and any mandatory rights available to you under applicable law.

9. Weather, Safety and Operational Changes

Certain experiences depend on weather, sea conditions, traffic, operational requirements, safety considerations or other circumstances outside the control of XperienceFinder Malta or the Operator.

The Operator may amend the route, schedule, vessel, vehicle, equipment, meeting point or other operational details where reasonably necessary for safety or operational reasons.

An experience may also be postponed or cancelled where the Operator considers that it cannot be performed safely or lawfully.

Where an Operator cancels an experience, the remedies available to you will depend on the circumstances and applicable booking conditions.

10. Your Responsibilities

You are responsible for reading the experience information and ensuring that you and all participants included in your booking meet any applicable requirements.

These may include:

• minimum or maximum age requirements;
• health or physical fitness requirements;
• swimming ability;
• driving or boating licences;
• identification documents;
• appropriate clothing or footwear;
• arrival times; and
• instructions provided by the Operator.

You must follow reasonable safety instructions given by the Operator and its staff.

11. Late Arrival and No-Shows

You are responsible for arriving at the specified meeting point or departure location at the time stated in your booking instructions.

If you arrive late or fail to attend, the Operator may be unable to provide the experience.

Refunds for late arrival or non-attendance are subject to the applicable cancellation and booking conditions.

12. Operator Requirements and Conduct

Operators are responsible for providing their experiences in accordance with applicable laws, licences, safety requirements and professional standards relevant to their activity.

Operators may refuse participation where they reasonably believe that a participant presents a safety risk, fails to comply with instructions, is under the influence of alcohol or drugs, behaves abusively or does not meet a clearly stated participation requirement.

13. Third-Party Services

The website may use or link to third-party services including booking systems, payment providers, mapping services and external websites.

Those services may be subject to separate terms and privacy policies. We recommend that you review any third-party terms that apply to services you choose to use.

14. Use of the Website

You may use the website only for lawful personal or commercial purposes consistent with these Terms & Conditions.

You must not:

• use the website fraudulently or unlawfully;
• attempt to interfere with the security or operation of the website;
• introduce malicious code or harmful technology;
• misuse booking functionality;
• attempt unauthorised access to systems or data; or
• reproduce or commercially exploit website content without permission where such use is not otherwise permitted by law.

15. Intellectual Property

Unless otherwise indicated, the website design, branding, text, graphics, logos and other original content made available by XperienceFinder Malta are owned by or licensed to ExpFinder Limited.

Content supplied by Operators or third parties remains subject to the rights of its respective owner.

16. Liability

Nothing in these Terms & Conditions excludes or limits any liability that cannot lawfully be excluded or limited, or any mandatory consumer rights available under applicable law.

To the extent permitted by law, XperienceFinder Malta is not responsible for losses caused by circumstances outside our reasonable control.

Where an experience is supplied by an independent Operator, that Operator is responsible for the actual performance of the experience, including operational and safety decisions within its control.

We remain responsible for obligations that applicable law places directly upon ExpFinder Limited in connection with services that we ourselves provide.

17. Events Outside Reasonable Control

Neither XperienceFinder Malta nor an Operator will be responsible for failure or delay caused by circumstances that could not reasonably have been prevented or controlled.

Such circumstances may include severe weather, unsafe sea conditions, natural disasters, strikes, government restrictions, civil disturbance, transport disruption, public-health measures or similar events.

Any cancellation, rescheduling or refund arising from such circumstances will be handled in accordance with applicable law and the booking conditions relevant to the experience.

18. Complaints

If you experience a problem during an activity, you should raise the issue with the Operator as soon as reasonably possible so that they have an opportunity to address it.

You may also contact XperienceFinder Malta at:

info@xperiencefindermalta.com

Please provide your booking reference and sufficient information for us to review the matter.

19. Privacy and Cookies

Personal data collected through the website is processed in accordance with our Privacy Policy.

Information about cookies and similar technologies is available in our Cookie Policy.

20. Changes to These Terms

We may update these Terms & Conditions from time to time, including to reflect changes to our services, commercial arrangements or applicable law.

The version published on the website will state the date on which it was last updated.

Changes will not normally alter the contractual conditions applicable to a booking already confirmed unless required by law or agreed with you.

21. Governing Law and Jurisdiction

These Terms & Conditions are governed by the laws of Malta.

Where you are a consumer, nothing in these Terms affects any mandatory rights you may have under the laws applicable to you.

Any dispute shall be subject to the jurisdiction of the competent courts, subject to any mandatory jurisdiction rights available to consumers under applicable law.