Terms and Conditions of Service

Terms and Conditions (Operational Version) Last updated: October 10, 2025

1. Introduction Welcome to Hidden Gems Malta (“we,” “our,” or “us”). These Terms and Conditions (“Terms”) govern your use of our website and services located at hiddengemsmalta.com (the “Service”) operated by Hidden Gems Malta.

Important Notice: Hidden Gems Malta operates as an online marketplace and intermediary platform only. We connect customers with independent third-party experience providers but do not organize, operate, or provide the experiences ourselves.

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these terms, then you may not access the Service.

2. Company Information Business Name: Hidden Gems MaltaBusiness Type: Sole Trader (Self-Employed)VAT Number: MT 3221-1303Address: Triq il-Flotta 130, Gzira GZR1074, MaltaEmail: contact@hiddengemsmalta.comPhone: +356 99766306

Platform Provider: Our marketplace operates on the Sharetribe platform, provided by Sharetribe Oy (Finland). While we control the content and operations of our marketplace, the technical infrastructure is provided by Sharetribe under their terms of service.

3. Our Role as an Intermediary Platform 3.1 Platform Services Hidden Gems Malta provides an online marketplace platform that:

   • Connects customers with independent experience providers in Malta • Facilitates bookings and payments between customers and providers • Displays information about experiences provided by third parties • Processes customer reviews and ratings • Provides communication tools between customers and providers

3.2 We Are NOT the Experience Provider IMPORTANT: Hidden Gems Malta does not:

•	Organize, operate, or conduct any experiences, tours, or activities
•	Employ tour guides, boat operators, or other service providers
•	Own or operate any vehicles, boats, equipment, or facilities used in experiences
•	Have direct control over the quality, safety, or execution of experiences
•	Make decisions about experience availability, scheduling, or modifications

3.3 Independent Contractors All experience providers listed on our platform are independent contractors or businesses. They are solely responsible for:

•	Obtaining all necessary licenses, permits, and insurance
•	Ensuring the safety and quality of their services
•	Complying with all applicable laws and regulations
•	Providing the experiences as described
•	Confirming or declining booking requests
•	Managing their availability and calendar
•	Communicating directly with customers about experience details
•	Deciding on cancellations and refund eligibility

4. Booking Process and Operational Flow 4.1 How Bookings Work The booking process follows these steps:

   1. Browse and Select: You browse experiences offered by third-party providers
   2. Make Booking Request: You select dates, participants, and submit a booking request
   3. Payment Processing: We process your payment and hold it securely
   4. Provider Notification: The experience provider receives your booking request
   5. Provider Decision: The provider has a specified time period to accept or decline your request
   6. Booking Confirmation: If accepted, you receive confirmation with experience details
   7. Direct Communication: The provider contacts you directly with meeting points, instructions, etc.
   8. Experience Delivery: You participate in the experience directly with the provider
   9. Payment Release: After successful completion, payment is released to the provider

4.2 Booking Confirmation Timeline • Provider Response Time: Experience providers typically have 24-48 hours to respond to booking requests (specific timeframes are shown on each listing) • Automatic Expiry: If a provider doesn’t respond within the specified timeframe, the booking request automatically expires and you receive a full refund • Instant Booking: Some providers offer instant booking for certain experiences, where confirmation is immediate

4.3 What Constitutes a Confirmed Booking A booking is confirmed only when:

•	Payment has been successfully processed by us
•	The experience provider has explicitly accepted your booking request
•	You receive a booking confirmation email from us
•	The provider has been notified to contact you with final details

4.4 Provider Responsibilities for Confirmation Experience providers are responsible for:

•	Monitoring their booking requests regularly
•	Responding to requests within the specified timeframe
•	Confirming availability before accepting bookings
•	Providing accurate meeting points and instructions
•	Contacting customers directly after confirmation

5. Pricing and Payment Terms 5.1 Payment Processing • All prices displayed include applicable VAT (18%) • Payment is required at the time of booking request • We use secure third-party payment processors (Stripe) • Your payment is held securely until the experience is completed or cancelled • We accept major credit cards and other payment methods as displayed

5.2 Commission Structure • Our revenue comes from commission fees charged to experience providers • These fees are not added to the customer price but are deducted from the provider’s earnings • Commission rates vary by provider and are agreed separately with each provider

5.3 Currency and Pricing • All prices are displayed in Euros (EUR) • Prices may vary based on dates, group size, and seasonal demand • Final price is confirmed at the time of booking

6. Cancellations and Refunds - Detailed Process 6.1 Who Can Cancel Bookings Customers Can Cancel:

   • Before the experience provider accepts the booking (automatic full refund) • After confirmation, subject to the provider’s specific cancellation policy • In case of provider no-show or failure to deliver the experience

Experience Providers Can Cancel:

•	Before accepting a booking request (automatic full refund to customer)
•	After confirmation, in exceptional circumstances (weather, safety, force majeure)
•	Must provide reasonable notice and justification

Hidden Gems Malta Can Cancel:

•	In case of disputes between customer and provider
•	If we determine a provider is not complying with our terms
•	For safety or legal compliance reasons

6.2 Cancellation Policies by Provider Each experience provider sets their own cancellation policy, which is clearly displayed on their listing:

Common Policy Types:

•	Free Cancellation: Full refund if cancelled 24/48/72 hours before experience
•	Moderate Cancellation: 50% refund if cancelled within certain timeframes
•	Strict Cancellation: No refund for cancellations, except in exceptional circumstances
•	Weather-Dependent: Special policies for outdoor activities affected by weather

6.3 Refund Process and Timeline Automatic Refunds (Processed by System):

•	Booking request not accepted by provider: Immediate refund
•	Provider cancels before experience: 1-3 business days
•	System-detected issues: 1-3 business days

Manual Refunds (Require Review):

•	Customer cancellation requests: 3-5 business days after provider approval
•	Dispute resolutions: 5-10 business days after investigation
•	Provider no-show or quality issues: 5-10 business days after verification

Refund Method:

•	All refunds are processed to the original payment method
•	Credit card refunds may take 5-10 business days to appear on your statement
•	We cannot expedite bank processing times

6.4 Weather and Force Majeure Cancellations • Experience providers may cancel due to weather, safety concerns, or force majeure events • In such cases, customers typically receive a full refund or option to reschedule • Providers are encouraged to offer alternative dates before cancelling • We are not liable for additional costs (travel, accommodation) incurred due to such cancellations

6.5 No-Show Policy Customer No-Show:

•	If you don’t arrive for your confirmed experience, no refund is provided
•	Providers may wait up to 15-30 minutes past the scheduled time
•	Late arrivals should contact the provider directly

Provider No-Show:

•	If a provider fails to show up or provide the experience, you receive a full refund
•	Additional compensation may be provided at our discretion
•	We will investigate and may remove non-compliant providers

7. Communication and Customer Support 7.1 Platform Communication • All initial communication should go through our platform messaging system • This helps us maintain records and provide support if needed • Providers and customers may exchange direct contact information after booking confirmation

7.2 Customer Support Responsibilities Hidden Gems Malta Provides Support For:

•	Booking process issues and payment problems
•	Platform technical difficulties
•	Disputes between customers and providers
•	Refund processing and policy clarification

Experience Providers Are Responsible For:

•	Answering questions about their specific experiences
•	Providing detailed instructions and meeting points
•	Handling experience-related modifications or special requests
•	Direct customer service during the experience

7.3 Dispute Resolution Process 1. Direct Resolution: First, try to resolve issues directly with the experience provider 2. Platform Mediation: If unsuccessful, contact our customer support for mediation 3. Investigation: We investigate disputes based on evidence from both parties 4. Resolution: We make decisions based on our terms, provider policies, and available evidence 5. Final Decision: Our decisions on disputes are final, though you retain legal rights

8. Customer Responsibilities and Requirements 8.1 Accurate Booking Information You must provide accurate and complete information when making bookings:

   • Correct contact details for provider communication • Accurate number of participants and ages • Any special requirements, medical conditions, or accessibility needs • Dietary restrictions or allergies (for food-related experiences)

8.2 Compliance with Experience Requirements You agree to:

•	Arrive on time for your booked experience
•	Bring required items (ID, appropriate clothing, equipment) as specified
•	Follow all safety instructions provided by the experience provider
•	Respect local laws, customs, and environmental guidelines
•	Behave respectfully towards providers and other participants

8.3 Age and Fitness Requirements • Some experiences have minimum age requirements or fitness levels • You are responsible for ensuring all participants meet these requirements • Providers may refuse service if requirements are not met, without refund obligation

9. Experience Provider Responsibilities 9.1 Service Delivery Standards Experience providers must:

   • Deliver experiences as described in their listings • Maintain appropriate licenses, insurance, and certifications • Provide safe and professional service • Respond to booking requests within specified timeframes • Communicate clearly with customers about meeting points and requirements

9.2 Listing Accuracy Providers are responsible for:

•	Accurate descriptions of their experiences
•	Up-to-date pricing and availability
•	Clear photos that represent the actual experience
•	Honest representation of difficulty levels, duration, and requirements

9.3 Customer Communication Providers must:

•	Respond to customer messages promptly
•	Provide clear instructions before the experience
•	Be available for contact during the experience period
•	Handle customer concerns professionally

10. Limitation of Liability 10.1 Platform Liability Limitations IMPORTANT: Hidden Gems Malta’s liability is strictly limited to our role as an intermediary platform. We are not liable for:

    • Injuries, accidents, or damages occurring during experiences • Quality, safety, or execution of experiences provided by third parties • Actions or omissions of experience providers • Cancellations, delays, or changes made by providers • Loss of personal belongings during experiences • Failure of providers to deliver services as described • Weather-related cancellations or modifications • Provider no-shows or last-minute cancellations

10.2 Maximum Liability In any event, our total liability to you shall not exceed the amount you paid for the specific booking in question.

10.3 Third-Party Responsibility Experience providers are solely responsible for:

•	The safety and quality of their services
•	Maintaining appropriate insurance coverage (minimum €250,000 public liability recommended)
•	Complying with all applicable laws and regulations
•	Resolving any issues that arise during experiences
•	Their own cancellation and refund decisions

11. Reviews and Rating System 11.1 Review Guidelines • You may leave reviews and ratings for experiences you have completed • Reviews must be honest, accurate, and based on your actual experience • Reviews should focus on the experience quality, not personal disputes • We reserve the right to remove inappropriate, false, or offensive reviews

11.2 Review Timing • Reviews can be submitted up to 30 days after the experience date • Both customers and providers can respond to reviews • Reviews cannot be edited once submitted, but responses can be added

11.3 Review Moderation We may remove reviews that:

•	Contain false, misleading, or defamatory statements
•	Include personal attacks or discriminatory language
•	Violate intellectual property rights
•	Contain spam, promotional content, or irrelevant information
•	Are submitted by fake accounts or competitors

12. Platform Availability and Technical Issues 12.1 Service Availability • We strive to maintain platform availability 24/7 • Scheduled maintenance will be announced in advance when possible • We are not liable for losses resulting from platform downtime or technical issues

12.2 Booking System Reliability • Our booking system is designed to prevent double-bookings and conflicts • In rare cases of system errors, we will work with providers to find solutions • Priority is given to bookings confirmed first in our system

13. Changes to Terms and Service 13.1 Terms Updates We reserve the right to modify these Terms at any time. Changes will be:

    • Posted on this page with an updated “Last updated” date • Communicated to users via email for significant changes • Effective immediately upon posting unless otherwise specified

13.2 Service Changes We may modify or discontinue features of our platform with reasonable notice to users.

14. Governing Law and Disputes 14.1 Applicable Law These Terms are governed by the laws of Malta. Any disputes will be subject to the exclusive jurisdiction of the Maltese courts.

14.2 Alternative Dispute Resolution Before pursuing legal action, we encourage users to:

•	Contact our customer support for resolution
•	Use our internal dispute resolution process
•	Consider mediation for complex disputes

15. Contact Information For any questions about these Terms and Conditions or to report issues:

Hidden Gems MaltaEmail: contact@hiddengemsmalta.comPhone: +356 99766306Address: Triq il-Flotta 130, Gzira GZR1074, Malta

Response Times:

•	General inquiries: 24-48 hours
•	Booking issues: Within 24 hours
•	Urgent matters: Same business day

By using Hidden Gems Malta, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.