These Terms & Conditions govern your use of this Website and constitute the User
Agreement between you and Euro Resort Investments Ltd (C28576). By using, viewing,
transmitting, caching storing and/or otherwise utilising this Website, including
the services or functions offered hereon and/or the contents and information on
this site, you are agreeing to each and all of the terms and conditions of use set
forth below without revision or modification, and waive any right to claim ambiguity
or error on this User Agreement. It is important to remind periodic or continued
users of this Website, that any amendments, revisions or updating of the terms and
conditions of this User Agreement at any time and without prior notice to you, and
your continued use of the Website will be conditioned upon the terms and conditions
in force at the time of your use. Periodic or continued users of this website are
reminded that website usage following the posting of changes, updating or amendments
to this Agreement from to time will imply that such changes or amendments are accepted
by you. Therefore, you should carefully review the terms and conditions of this
User Agreement each time you use this website.
Should you not agree to each and every term and condition set out herein, you are
asked not to use this website and to leave immediately.
- 1. Who We Are?
This Website is operated by Euro Resort Investments Ltd, a company registered in
Malta with Company Registration No C28576. Euro Resort Investments Ltd is authorised
by the Malta Tourism Authority to act as an Incoming Travel Operator and Destination
Management Company under licence no TRA/E33. Our Registered Office is No 1, Ivy
Mansions, Triq Il Qasam, Swieqi. SWQ3026. We may be contacted on Telephone Number
00356 21 378781, by Fax on 00356 21 386546 or via Email on
admin[email protected]. All the self catering properties featured on this
Website are owned and managed by independent property owners and suppliers. Euro
Resort Investments Ltd solely provides a facility through which bookings/reservations
of the properties featured on the Website may be made.
- 2. Privacy Policy
We are committed to protecting our visitor's privacy and we will not collect and
personal information about you as a visitor unless you provide it voluntarily. Any
personal information you communicate to us is kept by Euro Resort Investments Ltd
in accordance with the Data Protection Act, 2001 (Chapter 440 of the Laws of Malta).
Note that in the interests of staff training and improving customer service we may
occasionally record and monitor telephone conversations with clients.
- 3. The Data Protection Act 2001
The Data Protection Act, 2001 (Chapter 440 of the Laws of Malta) was enacted on
the 14th December 2001 and was brought into force on in various stages as from 15th
July 2003. Euro Resort Investments Ltd therefore has a legal duty to respect and
protect any personal information we collect from you and we will abide by such duty.
We take the necessary safeguards to prevent unauthorised access and will not pass
on details collected from you as a visitor to any third party or entity unless you
give us your consent to do so, and unless Euro Resort Investments Ltd is compelled
to do so by Law.
- 4. Information Collected
As a visitor to our website, we collect two types of information on/from you:
- (1) Contact or Booking Information
- (2) Media Download/Upload information
- 4.1 Contact or Booking Information
When you fill in the forms on the CONTACT US, ENQUIRE NOW and/or the BOOKING FORM
pages we use the personal information submitted in the form only to respond to your
message or book the self catering property or service you request. In order to process
your booking, we need to collect certain personal details from you. These details
will usually include the names and addresses of party members, credit/debit card
or other payment details and special requirements such as those relating to any
disability or medical condition which may affect the chosen self catering property
or other service arrangements. This personal information is not to be kept longer
than necessary. It is important to note that the forms displayed on this website
and the information required may vary from one service to the other or from one
property to another. Failure to enter the information requested in the forms displayed
on this website or via subsequent email correspondence will result in either the
form not being submitted or not allowing us to process your request correctly. Euro
Resort Investments Ltd will not be held responsible for any claims if you do not
disclose full information when necessary.
- 4.2 Media Download/Upload information
If you read or download information from our website, we automatically collect and
store the following non-personal information:-
- (a) Your Server Address
- (b) Your Top Level Domain Name (for e.g. .org, .com, .co.uk, etc.)
- (c) The Date & Time You Visited Our Website
- (d) The Pages Of Our Website That You Accessed & The Documents You Downloaded
- (e) The Previous Website You Visited
- (f) The Type Of Web Browser You Used
- (g) The Operating System Of The Machine Running Your Web Browser & The Type And
Version of Your Web Browser.
Please note that this information is strictly for the use of Euro Resort Investments
Ltd for statistical purposes. No such information will be released to third parties
without your prior consent, and unless Euro Resort Investments Ltd is compelled
to do so by Law.
- 5. Links To other Websites
Our Website may contain hyper links to other websites, booking engines suppliers,
entities or agencies. When such websites are administered and operated by Euro Resort
Investments Ltd then the Terms & Conditions & Privacy Policy documented in the relative
website will be applicable. Where such websites are operated by third parties, then
you will be subject to the Terms & Conditions and Privacy Policy of the website
in question. In these cases, Euro Resort Investments Ltd are not responsible for
the content of the websites so operated by third parties and will not be responsible
for the accuracy of opinions expressed in such websites and such websites are not
monitored or checked by us for accuracy or completeness. The inclusion of any linked
website on our Website does not imply or constitute approval or endorsement of the
linked website by us. If you decide to leave our Website to access these third party
sites, you do so at your own risk.
- 6. Third-Party Information
Third parties who provide information/material/photographs on our Website which,
for example, refers to accommodation, transfers, tours, city attractions and things
to do, shall themselves be responsible for ensuring that such information/materials/photographs,
submitted directly or indirectly for inclusion on this Website, is accurate and
complies with relevant legislation. Third party suppliers providing services and/or
products through this Website are INDEPENDENT CONTRACTORS and are not our agents.
Therefore we are NOT LIABLE for the acts, errors, ommissions, representations, warranties,
breaches or negligence whatsoever of any such suppliers or for any personal injuries,
death or damages resulting therefrom from time to time.
- 7. Photographs
The photographic images and videos displayed on this web site have either been taken
by representatives of Euro Resort Investments Ltd, on request from the property
owners, or may have been provided by the property owners or other authorised third
parties with their full consent. All photographic images and videos are only intended
for your private viewing and information, which are protected by copyright and other
intellectual property laws and therefore you may not use, retrieve, extract, modify,
copy, upload, post, reproduce or retransmit these photographic images and/or videos,
in whole or in part, in any manner, without the prior written consent of Euro Resort
Investments Ltd and/or the property owner, or relevant authorised third party. It
is also prohibited that you or your co-tenants publish any photographic images and/or
videos of any self catering property in any media whatsoever without the prior written
consent of Euro Resort Investments Ltd and/or the property owners, as this would
be deemed a breach of privacy rights.
Whilst every endeavour is made to ensure that the photographic images and/or videos
of any self catering property on this Web site are correct, it is the responsibility
of the property owner to promptly provide Euro Resort Investments Ltd with any updated
photographic images if there have been any subsequent changes or modifications to,
or within, the self catering property or to inform Euro Resort Investments Limited
of such changes and request that updated photographic images or videos be taken
of the self catering property. In this respect Euro Resort Investments Ltd will
not be held responsible for any claims by you if there have been changes to the
self catering property concerned without us being duly notified and provided with
new photographic images and/or videos by the property owner prior to your arrival.
Provided however that certain items in photographic images and/or videos such as
linen, furnishings, furniture, appliances, etc may be subject to change and/or re-positioning
and therefore may not always be exactly as shown.
- 8. Restrictions Of Use
As a condition of the use of this Website, you agree that you will not use our Website
for any purpose that is unlawful or prohibited by or inconsistent with this User
Agreement. You represent and warrant that you are at least eighteen years old and
possess the legal authority to enter into this User Agreement and to use our Website
in accordance with the terms and conditions of this User Agreement. You may only
use our Website to make legitimate reservations, bookings or payments and not for
any other unauthorised, false or fraudulent purposes, including, without limitation,
to make any speculative, false or fraudulent reservations, bookings or payments
or any reservation in anticipation of demand. You do not, by using the Website,
acquire any ownership or other rights to any content or other materials contained
on or accessible through the Website.
You agree that you will not use any device, software or other instrumentality to
interfere or attempt to interfere with the proper working of our site, and that
you will not take any action that imposes an unreasonable or disproportionately
large load on our infrastructure. In addition, you agree that you will not use any
robot, spider, other automatic device, or manual process to monitor or copy our
web pages or the content contained herein, without the prior express consent from
an authorised Euro Resort Investment Ltd representative (such consent is deemed
given for standard search engine technology employed by Internet search web sites
to direct Internet users to this website site).
This site may provide you with the ability to use user names, passwords, or other
codes or devices to gain access to restricted portions of this site ("access codes").
The content contained in such restricted areas is confidential to Euro Resort Investments
Ltd, and is provided to you for your sole use only. Access codes are non-transferable,
and Euro Resort Investments Ltd reserves the right to prohibit and/or suspend the
use of such access codes on your behalf by third parties at Euro Resort Investments
Ltd discretion, and/or where we determine that such use interferes with our website's
operation.
- 9. Prices, Booking & Payment Terms
All Prices quoted on this website are in EURO. You must book in accordance with
the booking information provided to you by one of our representatives, or on this
website. The information and requirements contained in our booking vouchers and
on our website form part of your contract. If we have given you a quotation automated
or not for a booking of a self catering property or service featured on our website,
please note that such a quotation does not constitute a binding contract between
us and will not be confirmed until you pay your deposit and/or balance and a booking
voucher is issued by us. Therefore, if you have received a quotation from us, you
are required to ensure that the description relating to the self catering property
or service in question meets your expectations prior to paying your deposit and/or
balance. After paying your deposit (if applicable) we will remind you when full
payment is due and it is your responsibility to settle this balance when due. Failure
to pay the full balance/cost of the requested self catering property or service
when due may result in our treating the booking as cancelled by you and cancellation
charges may be applied as set out in Clause 16 below.
The following table sets out the Payment Terms for the booking of Self Catering
Properties.
Deposits/Final Balances
|
Self Catering Properties
|
More Than 46 Days To Arrival
|
35% Of Price (Optional)
|
Between 1 & 45 Days To Arrival
|
100% Of Price or Full Balance
|
Note that in order to benefit from the deposit payments listed above you must request
this method of pyment by contacting us prior to booking, otherwise all bookings
made directly on-line through holiday-malta.com require a 100% pre-payment.Note
that the table above refers to booking Of Individual Self Catering Properties whether
these include or do not include Airport Transfers. In the case of Individual and
separate Airport Transfers a 100% advance payment is required.
- 10. Contract
A binding contract between you and Euro Resort Investments Ltd on behalf of the
owner(s) of your confirmed self catering property, and/or the provider(s) of other
services will come into existence on completion of the booking process and/or the
receipt of the deposit and/or full payment. All parties agree that this contract
is deemed to have been made at the Malta offices of Euro Resort Investments Ltd
and that you have accepted in full the Terms & Conditions detailed herein.
- 11. Self Catering Property Minimum Booking Period
The minimum booking period and minimum applicable rental charge for ALL self catering
properties advertised/offered by Euro Resort Investments Ltd is 7 nights unless
a lesser minimum booking period is specifically displayed on the relevant property
page on this website or agreed to in writing by Euro Resort Investments Ltd.
- 12. Liability
The accommodation, transport and other services featured in this website belong
to and are managed by independent property owners and suppliers. Once your booking
is confirmed, Euro Resort Investments Ltd undertake to ensure that all parts of
the booking which we and/or the property owners and other suppliers have agreed
to make, perform or provide as part of your contract are made, performed or provided
with reasonable care and skill. However, Euro Resort Investments Ltd shall not be
responsible for any injury, illness, death, loss, loss of enjoyment, damage, expense,
cost or other sum or claim of any description whatsoever which results from any
of the following:
- a) The fault of the person(s) affected or any member(s) of their party or,
- b) The fault of a third party not connected with the provision of your booking which
neither, Euro Resort Investments Ltd nor the property owner/other supplier (as applicable)
could have predicted or avoided,
- c) ‘Force majeure’ - in these booking terms and conditions ‘force majeure’ shall
mean any event which we, the property owners or other supplier(s) of the service(s)
in question could not, even with all due care and diligence, foresee or avoid. Such
events may include, but are not limited to; adverse weather conditions, water restrictions,
war, threat of war, civil strife, industrial action, natural or nuclear disaster,
fire, epidemics, terrorism, Acts of God, closure of ports, governmental action and
all other events outside our/their control.
- d) Euro Resort Investments Ltd cannot accept responsibility for any services which
do not form part of your contract. This includes, for example, any additional services
or facilities which the property owner/supplier of the services in question agrees
to provide for you where the services or facilities are not advertised in our website
and we have not agreed to arrange them. A full list of all passenger names and ages
must be provided at the time of booking. We regret that we, the property owners
and other service providers cannot accept liability or pay any compensation where
the performance or prompt performance of our respective contractual obligations
is prevented or affected by, or you otherwise suffer any damage or loss as a result
of ‘force majeure’.
- 13. Insurance
You are recommended to take out adequate insurance cover before travelling to Malta.
It is your responsibility to ensure that the insurance cover that you purchase is
adequate for your particular needs and you should be covered for accidental damage
to the self catering property you booked through us as well as personal liability
for yourself and for all travellers in your party. Euro Resort Investments Ltd will
not be held responsible for any claims arising during your holiday in the Maltese
Islands and we reserve the right to request proof of your insurance at any time.
- 14. Security Deposits & Damages
Certain bookings may be subject to a refundable security deposit and/or a breakage
deposit. If you have not caused any damage and/or breakages, the security deposit
will be returned to you prior to your departure from the self catering property.
When you book through us, you accept responsibility for any damage or loss caused
by you or any member of your party. Full payment for any such damage or loss must
be paid direct at the time to the Property Owner or any other contact person appointed
by the Property Owner. If you fail to do so, you will be responsible for meeting
any claims subsequently made against us together with any legal costs as a result
of your actions.
Upon your arrival at the self catering property it is your responsibility to check
the self catering property and its contents in the presence of the Property Owner
or any other contact person appointed by the Property Owner. If at this time you
discover that anything is missing or damaged then this must be reported IMMEDIATELY
to the Property Owner or any other contact person appointed by the Property Owner
otherwise it will be presumed that the damage/loss was caused by you. In the event
of damages, breakages, losses, additional cleaning due to a self catering property
left excessively dirty or other costs including supplements for any additional guests
not previously notified to us, you agree to pay any additional charges to the Property
Owner or any other contact person appointed by the Property Owner on site. If you
fail to do so the Property Owner or ourselves on behalf of the Property Owner reserve
the right to pursue you for any such costs and a charge may be made to Your credit/debit
card for the value of repair or replacement or, where you may have been requested
to provide a refundable security deposit and/or breakage deposit, the value of the
repair or replacement shall be deducted accordingly. You reserve the right to ask
for a receipt of such charges including a copy of the invoice for the replaced or
repaired items.
- 15. Your Behaviour
If you or any member of your party behave in such a way as to cause or be likely
to cause danger, upset or distress to any third party or damage to the self catering
property, the Property Owner or ourselves on behalf of the Property Owner. are entitled,
without prior notice, to terminate your booking at the property prior to its expiry.
In this situation, you or the responsible person(s) in your party will be required
to leave the self catering property. We will have no further responsibility toward
such person(s) including any alternative accommodation arrangements. No refunds
will be made and we will not pay any expenses or costs incurred as a result of the
termination.
On departure clients are expected to remove all their personal items including all
foodstuffs, empty fridges/freezers, empty all bins, empty dishwasher and filter,
flush toilets, wash up and put away all used kitchen equipment, return all items
to their original positions, wipe surfaces, sweep floors and dispose of all household
rubbish at the designated disposal point. The self catering property, on your departure,
must be left as clean as at the time of your arrival. Failure to do so will lead
to You incurring costs for any additional cleaning required. Prior to your departure,
the Property Owner or any other contact person appointed by the Property Owner shall
conduct an inspection of the self catering property in your presence. If you do
not allow this and any damage, breakages, losses, etc are found after your departure,
it will be presumed that these have been caused by you and you will be required
to pay for any such damage, breakages, losses etc as per Clause 14.
- 16. Pets
Under no circumstances may the Self Catering Property accommodate pets unless specifically
requested and authorised by Euro Resort Investments Ltd on behalf of the Property
Owner.
- 17. Property Check In & Check Out Policy
Check In/Arrivals - You must arrive at the booked self catering property
between 2pm and 8pm unless specified otherwise on this website or agreed in writing
by Euro Resort Investments Ltd. For late arrivals (check in) this can be arranged
usually without any additional costs but at the discretion of the Property Owner,
if this is the case please ensure that you inform us at least 72 hours beforehand
so that we will do our best to avoid that you make alternative arrangements or incur
additional costs.
Check Out/Departures – You must depart from the booked self catering property
by 10am unless specified otherwise on this website or agreed in writing by Euro
Resort Investments Ltd. If you leave the self catering property after 10 am, you
will be responsible to pay an additional day of rent and/or any resulting costs
due to any back to back bookings which cannot be honoured due to your late departure.
- 18. Property Pay Per Use Services
Certain self catering properties advertised on this website may offer “pay per use”
services which may include, but are not limited to; Telephone, Air Conditioning,
Internet, Electricity & Water Consumption. This is usually detailed on the relevant
advertised self catering property page on this website, however we recommend that
you ask our reservations department about “pay per use” services in the self catering
property in question prior to making your booking.
- 19. Complaints Procedure
You will be provided with the contact details of the Property Owner/Caretaker prior
to Check-In into the Self Catering Property you have booked. In the event that you
have a complaint on anything concerning the Self Catering Property you have booked,
you are to bring this to the attention of the Property Owner/Caretaker immediately
in order to ensure that your complaint is remedied and may be solved as soon as
possible. If within 24 hours after alerting the Property Owner/Caretaker your complaint
is still not seen to, you are to escalate this complaint immediately to Euro Resort
Investments Ltd in writing or by telephone between Monday to Friday from 0900hrs
to 1700hrs (CET) Except Public Holidays. All complaints must be lodged during your
stay at the relevant Self Catering property you have booked in order to ensure that
such complaints can be remedied and settled immediately. Euro Resort Investments
Ltd will not entertain and will not be held responsible for any complaints and claims
made by you after you have left or checked-out of the property.
- 20. Cancellation Policy
Should you or any other member of your party need to cancel your booking, cancellation
charges will be levied and will be payable as detailed below. Please note, cancellations
can only be accepted from the party leader, in writing and sent to our office by
Fax or on email. The cancellation charge is calculated from the date and time we
receive written notification and is applicable as follows:
Cancellation Fees
|
Self Catering Properties
|
More than 45 Days To Arrival
|
35% Of Quoted Price
|
Less than 45 Days To Arrival
|
100% Of Quoted Price
|
Any requests for cancellations must be received in writing between Monday to Friday
from 0900hrs to 1700hrs (CET) Except Public Holidays. Any requests for cancellations
that are received on Friday after 1700hrs (CET), all day on Saturdays, or all day
on Sundays will be deemed not to have been received by Euro Resort Investments Ltd
until the next working day. Please note that if guests abandon the property upon
arrival or during their stay, this is deemed to be a cancellation and a cancellation
fee equivalent to 100% of the price paid will apply. Any refunds (if applicable)
will only be returned to the source account used for the original booking. Refunds
by credit card will carry an additional 3.5 % bank charge on the original amount
received with a minimum charge of EUR 5. Any refunds by bank transfer will carry
the relative bank charges with a minimum charge of EUR 5.
- 21. Changes or Modification in Booking Policy
Should you or any other member of your party need to change or modify the dates
or number of persons relating to the booked self catering property, you may do so
subject to availability. If it is possible for us to make the amendment we will
charge the administration fees detailed below as well as any applicable increase
in the price if the amendments relates to a change of date which falls into a higher
pricing season or an increase in number of persons booked. Please note, changes
may only be accepted from the party leader, in writing and sent to our office by
Fax or on email. The administration fees are calculated from the date and time we
receive written notification and is applicable as follows:
Changes Or Modification In Booking Of Same Self Catering Property – Administration
Fees
|
Self Catering Properties
|
More than 7 days to arrival
|
EUR 70 + applicable price increase (if any)
|
Les than 7 days to arrival
|
Cancellation charges may apply
|
Please note that if you request to change the self catering property you booked
to another self catering property then the cancellation policy set out in Clause
20 will apply.
Any requests for changes or modifications to your booking must be received in writing/by
telephone between Monday to Friday from 0900hrs to 1700hrs (CET) Except Public Holidays.
Any requests for changes or modifications to your booking that are received on Friday
after 1700hrs (CET), all day on Saturdays, or all day on Sundays will be deemed
not to have been received by Euro Resort Investments Ltd until the next working
day.
- 22. Working Hours
The working hours of Euro Resort Investments Ltd are Monday to Friday from 0900hrs
to 1700hrs (CET) Except Public Holidays.
- 23. Travel Documents
You are responsible for your own and you party’s passports, insurance documents,
or Entry Visa To Malta if this is required by law.
- 24. Severability
If any provision of this Agreement is held to be invalid or void for any purpose,
it shall for that purpose be deemed to be omitted from this Agreement. Such omission
shall not affect or prejudice the validity, effectiveness or enforceability of the
rest of the provisions of this Agreement.
- 25. Applicable Law & Jurisdiction
This is a Maltese Website and is subject to the Laws of the Republic Of Malta, and
all disputes are subject to the exclusive jurisdiction of the Courts of Justice
Of Malta.
- 26. In Case Of Difficulty
In case of difficulty interpreting these Terms & Conditions you may contact us on
Telephone Number 00356 21 378781, by Fax on 00356 21 386546 or via Email on
[email protected].