Booking Terms and Conditions
I. Scope of Application
1. These Terms and Conditions govern the contractual relationship between Guest/Client and the Hotel with regards to the use of hotel rooms/apartments for lodging purposes, as well as all other goods and services rendered by the Hotel.
II. Definitions & Interpretation
1. The following words and expressions, where used in these Terms and Conditions, shall have the meanings given to them below:
a) Terms and Conditions (‘T&Cs’) means this document;
b) Booking means any reservation made by Guest/Client with the Hotel;
c) Booking confirmation means any confirmation of a booking received by the Hotel in written form stating the chosen room type, travel dates and rate of the room/apartment;
c) Client means the person who has the legal capacity to enter into a contract of accommodation with the Hotel and who arranges the accommodation at the Hotel. Client shall also mean any person making a booking on behalf of any group they represent whether that is, withoutlimitation, a tour operator or agency, a government agency, company, club, society or a group of individuals with no formal affiliation. Client may be the same person as the Guest;
d) Contract means the contractual relationship between Guest/Client as governed by the
booking confirmation and the T&Cs. For the avoidance of doubt the booking confirmation shall
take precedence over the T&Cs;
e) Group Booking means a single booking for at least five (5 ) rooms reserved together for the
same booking period, whether payment for the booking is to be made in one payment or each
booked Guest intends to pay separately;
f) Advance Payment means any non -refundable sum paid by the Guest/Client prior to arrival
which is credited toward the total booking price ;
g) Security Deposit means a refundable sum held by the Hotel as security for damage, loss, or
unpaid charges, distinct from any Advance Payment ;
h) Guest means the person who resides in the Room/Apartment with the Client and may be the
same person as the Client.
i) Hotel means Casa Bonavita, 147 Triq San Anton, Attard, ATD 1285, Malta ;
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j) Room/Apartment means rooms and/or apartments which are being provided for overnight
stays to Guest by the Hotel;
III . Conclusion of Contract, Bookings & Hotel Rules
1. Non -group bookings may be made electronically by email, via the online and mobile
channels of the Hotel , by telephone or through third parties/intermediaries (e.g. online
booking portals). Extended stays of more than 90 days are subject to the prior consent of
the Hotel.
2. Following any booking made as per the foregoing a rticle, if the Room/Apartment is
available, Guests will receive a booking confirmation from the Hotel. The contact is
established as soon as the Guest receives the booking confirmation from the Hotel. For
the avoidance of doubt, the contractual relationshi p between the Guest/Client and the
Hotel shall consist of both the booking confirmation and these T&Cs. In the event of any
conflict between the booking confirmation and these T&Cs, the provisions of the boo king
confirmation will prevail.
3. The Guest/Client must actively confirm acceptance of these Terms & Conditions during
the booking process. The receipt of such confirmation without objection shall be
tantamount to the Guest/Client’s understanding and agreement to the contract.
4. The contract shall be binding for both Parties. If a third party placed the order on behalf
of Guest, then that Party shall be liable vis -à-vis the hotel for all obligations arising from
the contract as joint and several debtors together with the Guest, in sofar as it is evident
that the booking was done by the third party on behalf of the Guest.
5. Guest agrees to observe whatsoever house rules the Hotel adopts or that the Hotel may
adopt following the booking confirmation, recognizing that these are essential to maintain
health and safety, the Hotel’s reputation and the normal operation of the Hotel by the
management.
6. The Hotel does not accept G uests under twelve (12) years of age. Access to the spa area
and gym is prohibited to Guests under eighteen (18) years of age . The Hotel may
exceptionally accept families with younger children based on a solely discretionary basis,
for example in the event of the whole Hotel being rented. Extra beds to be placed in rooms
should be requested in advance and are subject to availability.
7. The Hotel endeavours to accommodate Guests with disabilities or specific access
requirements. Any special needs or requests should be communicated in advance of
arrival so that the Hotel may confirm feasibility. While every reasonable effort will be
made, accommodation of special requests cannot be guaranteed.
8. Guest does not acquire the right to have certain rooms provided unless this was expressly
agreed in writing in the booking confirmation.
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9. Guest/Client is prohibited from sub -contracting, reselling, sub -letting and/or pass on
booked rooms to third parties.
IV. Group Bookings
1. Any Client making a Group booking on behalf of an organisation, shall warrant that
he/she has the appropriate authority to accept these terms and bind the organisation.
Where there is no formal affiliation, Client will be jointly and severally liable along with
the Guest for the booking.
2. It is the duty of the Client making the booking to ensure that these T&Cs are brought to
the attention of all staying Guests.
3. Upon, a Group Booking request made as per Clause III (1), the Hotel shall request all
information necessary from the Client in order to be able to establish an appropriate price
offer. Such information may include, without limitation, the timing and length of the
intended stay, the addition of food and beverage and other services, the number and
standard of Suites, and the number of Guests. The price offered to each Group Booking is
entirely at the Hotel’s discretion. Each Group Booking requires a separate approval
process.
4. All items which are not included in the price offer as indicated on the booking form and
which are added during the stay at the Hotel, such as additional Guests, meals, incidentals
and tour bookings, will be charged at the rate applicable at the time of th e stay and will be
dependent upon availability and added at the Hotel’s discretion.
5. The Hotel is not obliged to change the price offer due to changes in prices advertised on
the Hotel’s website or on the website of a third party.
6. Client cannot assign a Group Booking to another person or organisation without the
Hotel’s prior written consent.
7. Any deposit requested as per Clause V (5) may be used either as a down payment towards
the final bill or else as a bond towards any unanticipated costs which the Hotel may incur
associated with the booking that is to be charged on top of the price indicate d in the
booking form.
8. Where a Group Booking is confirmed less than one -hundred -and-twenty (120) days prior
to the arrival date, the entire booking value together with any required Security Deposit
shall become immediately due and payable upon signing of the booking confirmation or
group contract. The booking shall not be deemed valid or binding until full payment has
been received. Notwithstanding the foregoing, the Hotel may, at its sole discretion and
subject to the written approval of Management, agree alternative payment ter ms for
trusted agencies, corporate clients, or other established partners, provided that a
minimum deposit and Security Deposit are paid upon confirmation. In such cases, the
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cancellation provisions of Clause XI shall apply mutatis mutandis, calculated by reference
to the number of days remaining until the arrival date .
9. The Hotel shall be provided with a list of the full names of all staying Guests and room
configuration requirements in writing more than fourteen (14) days prior to your arrival
date.
10. If Client books any meals for Guests or a group meal, the Hotel requires notice of the
catering and dietary requirements for these services in writing more than seven (7) days
prior to the arrival date.
11. In the event that Client books a meal as part of the Group Booking and Guests arrive after
the time of the dining reservation, Hotel may not be able to accommodate such dining
reservation and Client may still be charged.
12. The specific payment schedule applicable to each Group Booking, including the amounts
and due dates of any Advance Payments and Security Deposit, shall be set out in the
written booking confirmation or separate group contract. That schedule shall prevail o ver
any general payment timetable appearing in these Terms and Conditions.
13. If, on arrival at the Hotel, it becomes apparent that not enough Rooms/Apartments are
available for the Guests supposed to stay at the Hotel and for whom the Group Booking
has been confirmed in the booking form, the Hotel may, with the Client’s prior consent,
arrange equivalent accommodation in another hotel of comparable or higher grade, at no
extra cost to the Client.
V. Fees and payment
1. Prices stated on the Hotel website and mobile channels are displayed as per day and time
of the inquiry. The Hotel reserves the right to amend prices at any time, only the
confirmed price linked to a confirmed booking is binding.
2. The Hotel reserves the right to increase any agreed upon/ advertised rates if any increases
are imposed by action of the Government or any Government Agency after the date of the
contract.
3. In the case that the Guest/Client requests an amendment to the booking confirmation,
however the acceptance or otherwise of such amendments is entirely at the Hotel’s
discretion and should the Hotel accept such changes, the Hotel reserves the right to
char ge a different price than that originally agreed to on the booking confirmation.
4. For a booking to be valid, at the time of booking, the Guest must either provide details of
a valid credit card or indicate an alternative method of payment on the booking channel
of the Hotel. The Hotel has the right to charge a deposit corresponding to 50% of the stay
on the credit card or alternative payment method indicated . The remainin g cost of
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accommodation plus any additional services booked will then be charged to the credit
card or alternative payment indicated no later than the date of arrival.
5. Deposits, Advance Payments and Security Deposits
(a) For Group Bookings or extended stays exceeding ninety (90) days, the Hotel is entitled
to demand one or more Advance Payments as part payment of the total booking value.
Each Advance Payment is credited toward the final invoice and is non -refundable except
as expressly provided in Clause XI.
(b) The Hotel may, in addition, require a separate Refundable Security Deposit to
safeguard against damage to property, loss of keys, unpaid incidentals or other
outstanding charges. The amount and timing of such Security Deposit shall be confirmed
in writing at the time of booking. The Security Deposit does not form part of the
accommodation price and shall be refunded within fourteen (14) days after check -out, less
any lawful deductions.
(c) If any required Advance Payment or Security Deposit is not received by the due date
indicated in the booking confirmation, the Hotel may withdraw from the contract without
further notice and without incurring liability.
6. The Hotel is entitled to charge to the credit card or alternative payment method indicated
also any outstanding amount(s) owed by the Guest to the Hotel.
7. For individual flexible rate bookings, 50% of the full amount of the stay will be charged to
the credit card method indicated by the Guest/Client or the alternative method of
payment, a t the time of the booking . Flexible rate bookings can be cancelled or rebooked
at no charge up to twenty-one (21) days prior the date of arrival. In the case of
cancellation or rebooking made less than twenty-one (21) days prior the date of arrival or
in case of no show, the full amount of the stay will be charged to the Guest/Client. No later
than the date of arrival, the full cost of accommodation plus any additional services
booked will be charged to the credit car d. If it is not possible to charge the amount to a
credit card, t he Hotel reserves the right to cancel the contract, whereby the Guest loses
the right of use of the room.
8. For extended stays longer than ninety (90) days, the monthly payment has to occur by
latest the first (1 st) day of the new month of stay. The same preferential long -stay discount
applies.
9. If any payment due by the Guest/Client to the Hotel is delayed without any reason by the
Guest/Client, the Hotel is entitled to claim interest for late payment at the maximum rate
permitted by law, currently 8% per annum computed daily.
VI. Means of payment
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1. Valid means of payment for stays at the Hotel are MasterCard, Visa Card, as well as other
alternative payment methods as indicated by the Hotel. On site, valid payment methods
include MasterCard and Visa Card. Cheques are not accepted. Cash in euros is accepted
for auxiliary payments such as restaurant or spa bills, but may not be used to pay for hotel
room nights.
VII. Taxes, fees and duties
1. The applicable prices correspond to the total price and are inclusive of all statutory taxes,
fees and duties except the Tourist/Eco tax which will be charged before check -in. In the
event of any changes to the tax rates, fees and duties and the effective collection of new
taxes, fees or duties of which the Parties were not previously aware, the Hotel reserves the
right to adjust the prices accordingly.
VIII. Register of Guests
1. Pursuant to the Malta Travel and Tourism Services Act Chapter 409 of the Laws of Malta,
guests are obliged to provide their personal information, as well as any additional relevant
information, in advance, via the electronic online registration data / chec k-in portal of the
Hotel.
IX. Reserved Rooms
1. Unless otherwise agreed to between the Guest/Client and the Hotel in writing, reserved
rooms are at the Guest’s disposal from 3.00 pm on the date of arrival until 1 1.00 am on
the date of departure. Guest shall to no extent be entitled to demand the room booked to
be made available earlier. Upon request, l ate check -outs may be granted by the Hotel on a
discretionary basis depending on availability. If the Room/ Apartment is not vacated by
11.00 am, the Hotel shall be entitled to charge 30% of the fee if the Room/Apartment is
not vacated/delivered up until 1.00 pm and the charge of 100% of the fee if the Room is
not vacated/delivered up after 2.00 pm. This is without prejudice to further claims for
damages by the Hotel. If the Hotel is required to accommodate other guests in a different
Room/Apartment or make other allocation arrangements due to the Guest vacating the
room late, the Guest must p ay all costs incurred in this connection. This shall not create
any contractual claims for the Guest/Client.
2. Any demand for any alterations to check -in and check -out times will be considered by the
Hotel on a purely discretional case -by-case basis and the Guest/Client will have no claim
against the Hotel in this respect.
3. On the date of departure, Guests are required to return their rooms/apartments to the
Hotel by 1 1.00 am, tidy and without any damage. If Guests fail to return their room on the
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date of departure by 1 1.00 am in a tidy condition, a charge equivalent to one night’s stay
may be applied to cover additional cleaning and occupancy costs . Furthermore, should
Guests return their room later or in an untidy condition, the Hotel reserves the right to
have the room tidied up by its personnel and to keep in the Hotel any objects belonging to
the guest and which are left in the Hotel. Any such objects shall be considered as lost
property and the Hotel shall safeguard them for one (1) month, in line with its legal
obligatio ns.
X. Use of common areas
1. During their stay, Guests also have access to designated common areas, such as the lounge
bar, the gardens, the pool, the spa area with sauna, cold plunge and fitness room without
any extra costs.
2. Notwithstanding the foregoing clause, the Hotel reserves the right to close the public
areas on a short notice without warning.
3. In case of non -availability of any public area, the Guest is not entitled to a full nor partial
reimbursement of payment for accommodation services. In the event of prolonged closure
of key facilities, the Hotel may, at its discretion, offer compensation or alternative
arrangements.
XI. Cancellation by Guest/Client
1. Cancellation of any booking must be notified to the Hotel in writing and shall take effect
only upon written acknowledgment by the Hotel.
2. Where the Hotel and the Guest/Client have agreed in writing on a cost -free cancellation
deadline, the Guest/Client may cancel up to that date without incurring payment or
compensation obligations. After such date, the following provisions apply :
(a) Individual Flexible -Rate Bookings : flexible -rate bookings, as marked in their
description, may be cancelled or re -booked at no charge up to twenty-one (21) days prior
to arrival. Cancellations or re -bookings made less than twenty-one (21) days prior to
arrival, or no -shows, are charged in full for the stay.
(b) Group Bookings : for group bookings, the following cancellation schedule applies
unless otherwise stipulated in the written group contract or booking confirmation:
• Cancellation more than one-hundred -and-twenty (120) days before arrival →
forfeiture of the first Advance Payment (normally 25 % of the total booking price).
• Cancellation between one -hundred -and -twenty (120) and sixty (60) days before
arrival → fifty percent (50 %) of the total booking price becomes payable.
• Cancellation sixty (60) or less days before arrival → one-hundred percent (100 %) of
the total booking price becomes payable.
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(c) Any catering, third -party, or ancillary services already confirmed by the Hotel or by
third -party suppliers shall be charged in full upon cancellation.
(d) The Hotel shall make reasonable commercial efforts to resell cancelled
accommodation. Should resale occur, the recovered revenue, after deduction of
reasonable administrative costs, may be credited against the amount due by the
Guest/Client.
(e) Any amendment by the Client within sixty (60) days of arrival that reduces the
number of rooms or duration of stay shall be treated as a partial cancellation, and the
above percentages shall apply to the cancelled portion.
3. All cancellation charges are due within fourteen (14) days of invoice.
4. The Hotel reserves the right to reallocate cancelled rooms once the applicable cancellation
fees have been settled.
XII. Cancellation by Hotel
1. Insofar as it was agreed in writing that the Guest/Client can cancel the contract
confirmation at no cost within a certain time period, the Hotel is entitled to cancel the
contract during this time period.
2. If an agreed advance payment or security deposit demanded pursuant to Clause V (5) is
not paid, then the Hotel is entitled to cancel the contract.
3. In the event that the Hotel cancels a confirmed booking for any reason other than a
breach of these Terms and Conditions by the Guest/Client or any circumstance falling
under Clause XII(3) (force majeure or other justifiable cause), the Hotel shall refund in
full any deposit or prepayment received in respect of the cancelled booking within
fourteen (14) days of the cancellation notice. Such refund shall constitute the
Guest’s/Client’s sole and exclusive remedy, and the Hotel shall not be liable for any furt her
compensation or consequential loss arising from such cancellation.
4. The Hotel is entitled to effect extraordinary cancellation of the contract without incurring
liability, for a materially justifiable cause including but not limited to the following:
i. I n the case of force majeure and any other reason that is beyond the control of the Hotel and
which makes it impossible to perform wholly or substantially its obligations to the Client . For the
purposes of this Clause, force majeure shall include, without limitation, acts of God, natural
disasters, pandemics, government restrictions or orders, strikes, lockouts, fire, failure of utilities,
or any other events beyond the reasonable control of the Hotel that make it impossible or
unlaw ful to perform its obligations ;
ii. Room/ Apartment is reserved with misleading or false information;
iii. T he purpose or the cause of the stay is illegal;
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iv. where a reasonable suspicion arises that the stay may publicly compromise the Hotel’s
reputation, with the reasons for this being beyond the control of the Hotel or beyond the scope of
its powers of organi sation;
v. where the Client shall have committed a breach of any of his/her obligations in terms of the
contract;
vi. where the Client is guilty of any wilful misconduct, fraud or dishonesty in the exercise of its
rights, or the performance of its obligations under these T&Cs;
vii. where either Party becomes bankrupt or insolvent or enters into liquidation proceedings;
viii. in the event of a failure to comply with Clause III (8);
ix. in any other case, in accordance to law.
5. Where cancellation or non -performance by the Hotel occurs due to force majeure as
defined in Clause XII(3)(i), the Hotel shall, at its sole discretion, offer the Guest/Client
either:
(a) a full refund of any pre -payments or deposits received; or
(b) a credit voucher or re -booking of the stay for alternative dates of equivalent value
within twelve (12) months of the original arrival date.
This provision is without prejudice to the Guest’s statutory rights under Maltese law.
6. In the event that the Hotel cancels a confirmed Group Booking for reasons other than the
Guest’s or Client’s breach, any Advance Payments or Security Deposits received shall be
refunded in full within fourteen (14) days of cancellation. This refund constit utes the
Guest’s/Client’s sole and exclusive remedy. For avoidance of doubt, the Guest/Client
cannot derive any damage compensation rights from justified cancellation by the Hotel.
XIII. Liability of the Guest
1. Thereafter, Client and Guest are jointly liable if they are different persons. Guests must
treat all Hotel premises with care. Guest/Client is directly liable for all breakages and any
damages to the Rooms/Apartment or any other part of the Hotel caused by them or by
any third parties who may accompany Guest/Client, and for consequen tial any other
damage.
2. The use of electrical devices brought along by Guests, such as kettles, irons or hair dryers
is not permitted due to fire protections measures. Should costs arise, such as a fire alarm
or damage to the interior, through use of such mentioned items the Clie nt/Guest is fully
liable for costs that arise. In addition, a minimum charge of 250 EUR may apply to the
Client/Guest to cover the cost of false alarm response or cleaning, which penalty shall be
considered as pre -liquidated damages and which penalty canno t be mitigated/reduced by
any adjudicating authority.
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XIV. Liability of the Hotel
1. Nothing in this clause shall exclude or limit the Hotel’s liability for death or personal
injury caused by its negligence. The Hotel is liable for any damages it causes arising from
injury to life, body and health. The Hotel is furthermore liable for any other damage
arising from intentional or grossly negligent breach of duty by the Hotel, and for any
damages caused by intentional or grossly negligent breach of its contractual obligations. A
breach of duty on the pa rt of the legal representatives, employee s or vicarious agents of
the Hotel is considered equal to a breach of duty on the part of the Hotel itself. Unless
otherwise provided for in the contract, any further claims or damages are excluded.
Should the services provided by the Hotel be disrupted or missing, the Hotel will strive to
better the situation as soon as it becomes known or is reported by the Guest. Guests are
obliged to do their utmost to help remedy the disruption and keep any damages to a
minimum. Guests are also obliged to inform the Ho tel in good time about the possible
occurrence of exceptionally high damage.
2. The Hotel or any representative/ employee or third party under the responsibility of the
Hotel is only liable to the Guest for things brought in accordance with the statutory
provisions in Article 1039 of the Civil Code (Chapter 16 of the Laws of Malta). Guest must
act with diligence, prudence and want of attention in the custody of his/her property
which is brought into the Hotel. The Guest is obliged to declare to the Hotel or any of its
representatives/employees any property of cumbersome and/or excessiv e value. The Guest
shall deposit all valuable property in a safe deposit provided by the Hotel and the Guest
accepts that the Hotel’s liability for deposited valuables is limited in accordance with
Article 1039 of the Civil Code. The key or password to the safe deposit is to be kept by the
Guest and in the event that such key or password is lost, the Hotel will force the safe
deposit box open. All expenses for forcing the safe deposit box open are to be borne by the
Guest. The Gue st must inform the Hotel im mediately in case of any personal damage or
loss and/or damage to his/her property. In any event, the Hotel or any
representative/employee or third party under the responsibility of the Hotel is not liable
towards the Guest in case of Force Majeure.
3. Guests and Clients are strongly advised to obtain adequate travel and personal insurance
to cover possible cancellation, medical expenses, loss of property, or other unforeseen
events. While this does not limit the Hotel’s statutory or contractual liability, the Guest
acknowledges that any compensation may be reduced to the extent that losses could
reasonably have been mitigated through such insurance.
XV. Food and drinks
1. In the common areas, it is prohibited to consume food and drinks which have been
brought in by the Guest from outside the Hotel.
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2. Food and drinks from the breakfast can only be consumed in the dedicated common area
for this.
XVI. Smoking in the Hotel
1. The Hotel is an entirely non -smoking hotel. Smoking is only allowed on the
Room/Apartment balcony and outdoor spaces . For avoidance of doubt, it is prohibited to
smoke either in the indoor common areas or the Guest rooms.
2. In the event of an infringement of this clause, a minimum charge of €30 0 per closed room
unit (e.g. a 2 -bedroom apartment = 3 room units) may apply to the Guest/Client to cover
deep cleaning and deodorizing costs , and this without prejudice to any additional claim
for any loss in turnover due to the room being unavailable. Such amount may be higher, if
the Hotel proves that a higher amount of damages has been sustained by the Hotel.
XVII. Pets
1. Pets are not allowed in the H otel.
XVIII. Domiciliary right
1. The Hotel reserves the right to expel a Guest from the Hotel for serious misconduct or
threats to safety, provided such action is proportionate and recorded . This applies if
Guests do not observe instructions given by Hotel representatives/employees, express
themselves in a discriminating manner, harass or endanger other guests or
representatives/employees.
2. Should a Guest be expulsed, he/she shall have no right to continue enjoying the services
provided by the Hotel as per the contract and shall have no right to demand any refund of
any monies paid to the Hotel nor to bring any claim against the Hotel for sai d expulsion.
3. The Hotel reserves the right to demand full payment for the entirety of the booking as per
the contract that may still be due. For the avoidance of doubt, neither the expulsed Guest
nor the Client cannot claim a reduction in price relative to the non -fulfi lled portion of the
contract.
XIX. Miscellaneous
1. Without prejudice to clause X and clause XI, the contract shall automatically be
terminated upon check -out of the Guest from the Hotel. The following clauses, clause II,
X, XI, XII, XIII, XX and XXI shall survive the termination/cancellation of this contra ct.
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2. All internet services are provided by third party suppliers and the Hotel cannot be held
responsible for any inconsistencies of service. The use of internet is to be limited to
reasonable use thereof. The Guest agrees to abide by the laws of Malta, and/or any other
international legal conventions insofar as the viewing, downloading, uploading, sharing or
use of any content on the internet is concerned.
3. Guests are responsible for ensuring that they are medically and physically fit to use the
gym, sauna, cold plunge, and pool facilities. The Hotel shall maintain these facilities in a
safe and hygienic condition and shall not exclude or limit its liability for death or personal
injury caused by its negligence or that of its employees or contractors.
Subject to the foregoing, Guests use all wellness and fitness facilities at their own risk, and
the Hotel shall not be liable for injury, loss, or damage arising from their use where such
injury, loss, or damage does not result from the Hotel’s negligence or breach of its
statutory duties.
XX. Health and Safety
1. In line with the Health and Safety at Work Act, the Hotel, has appointed a Health and
Safety Representative to ensure the health and safety of employees and Hotel Guests.
Nevertheless, Guest still has a duty to comply and to maintain Guest’s own personal
health and safety and that of other guests and the Hotel’s guests and employees.
XXI. General Data Protection Regulation (GDPR)
1. All personal data provided to the Hotel will be processed purely for the purposes of
providing the accommodation services to Guest/Client and its Guests, and will be
processed in accordance with Regulation (EU) 2016/679 (General Data Protection
Regulation) and the Data Protection Act (Chapter 586 of the Laws of Malta) , and
subsidiary legislation arising thereunder. In providing the Hotel with all or any personal
data necessary for making a booking, the tacitly Guest/Client consents to the processing
of personal data by the Hotel. In the event that the data provided relates to third parties
who are not the Client, Client shall be solely and exclusively responsible to ensure that
he/she has obtained the necessary third -party consent to register this personal d ata with
the Hotel. The Hotel does not disclose personal data to third parties other than as
permitted by Client or by law. Guests may exercise rights of access, rectification, erasure
and data portability by contacting the Hotel’s Data Controller (General Manag er).
2. The Hotel premises are monitored by CCTV for security and safety purposes. Recordings
are retained for a limited period and accessed only by authorised personnel or disclosed to
law-enforcement authorities in accordance with applicable data -protection law.
XXII. Final provisions
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1. The contract contains all agreements between the Parties relating to its subject matter. No
additional verbal agreements have been made. Any modifications or amendments must be
made in writing. Any statements and notifications necessary, pursuant to the contract
must be made in writing, unless expressly agreed otherwise. These Terms and Conditions
are drafted in the English language. In the event of any inconsistency between translated
versions, the English version shall prevail.
2. Any complaints by the Guest in relation to their stay and the services provided by the
Hotel in connection therewith are to be presented in writing to the Hotel, together with
all supporting documentation including but not limited to images and witness
statements. Complaints should preferably be submitted within 14 days, but this does not
affect the Guest’s statutory rights or remedies. No verbal representations are recognized
by the Hotel, save in any discussions held between the Parties following presenta tion of
the written complaint.
3. The Hotel is entitled to assign any rights or claims arising from the contract to third
parties. The Hotel is entitled to have obligations arising from and in connection with the
contract fulfilled by third parties.
4. No Party shall use any other Party’s confidential information for any purpose other than to
exercise its rights and perform its obligations under or in connection with the contract.
5. The waiver by any Party of a breach of any of the provisions of the contract by the other
Party shall not be deemed as a waiver of any breach of other provisions of the contract or
of a subsequent breach of the same or other provisions of the contract and the failure to
exercise or delay in exercising a right or remedy under the contract or at law by any Party
shall not constitute a waiver of any breach of any provision of the contract by the other
Party.
6. Failure to exercise or delay in exercising a right or remedy under the contract or at law
shall not constitute a waiver of the right or remedy or a waiver of any other right or
remedy (whether under the contract or at law) and no single or partial exercise of any
right or remedy under the contract or at law shall prevent any further exercise of the right
or remedy or the exercise of any other right or remedy (whether under the contract or at
law).
7. No right or remedy herein conferred upon or reserved to any Party is exclusive of any
other right or remedy herein or by law provided or permitted, but each shall be
cumulative of every other right or remedy given hereunder or now or hereafter existing at
law, and may be enforced concurrently therewith or from time to time.
8. The invalidity or unenforceability of any provision or clause of the contract, shall in no
way affect or impair the validity or enforceability of any other provisions or clauses hereof.
In such event, the Hotel shall have the right to substitute said claus e in such a manner
that it would fulfil fully, or as closely as possible, the purpose of the invalid clause.
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9. The contract shall be construed in accordance with the laws of the Republic of Malta and
the Maltese Courts shall have exclusive jurisdiction to adjudicate on any matter that may
arise between the Parties.
10. In the event of any unresolved dispute, the Guest/Client may refer the matter for
alternative dispute resolution to the Malta Competition and Consumer Affairs Authority
(MCCAA) or any other competent consumer mediation body recognised under Maltese
law, without prejudice to the Parties’ right to seek judicial remedies before the Maltese
Courts.