Terms of Use for SUPPLIERS
1. DEFINITIONS
For the purposes of these Terms of Use, the following terms shall have the meanings set forth below:
“Accommodation/s” means any lodging or housing option offered by a Supplier through the Booking Portal, including but not limited to hotels, motels, bed and breakfasts, vacation rentals, apartments, hostels, and similar facilities, provided for temporary or short-term lodging and all associated services, amenities, or facilities included as part of the lodging arrangement.
“Accompanying Individual” refers to any person, other than the primary Customer, who is included in a booking, accompanies the Customer in connection with the reserved Accommodation or Service, or is otherwise granted access or participation rights by the Customer.
“Booking Modification” means the modification of a booking carried out through the Site.
"Booking Portal" means the online platform provided by the Company, accessible via the Site, through which Customers can browse Listings and select and secure reservations for Services or Accommodations.
"Cancellation Policy" means the rules set forth by Suppliers or the Company regarding the cancellation of reservations or bookings and the conditions for refunds or penalties as detailed in the Individual Terms.
“Company” or "Euro Resort" refers to Euro Resort Investments Limited, a company registered in Malta with Company Registration No C28576 and registered office at 58/3 Triq il-Kbira, Sliema SLM 1543 and authorised by the Malta Tourism Authority to act as an Incoming Travel Operator and Destination Management Company under licence no TRA/E33 ("we," "us," or "our" shall be construed accordingly).
“Company IP” means all technology, software, algorithms, data structures, platform architecture, user interfaces, and any related documentation, brands, trade names, logos, designs, audio or visual content, database rights or other intellectual property in, or related to, the Site and the Booking Platform, including any improvements, modifications, or derivative works thereof, regardless of whether such modifications were suggested or implemented by the User or any third party.
"Confidential Information" means any information related to the Company's or the Suppliers’ operations, systems, or other proprietary data not publicly disclosed.
"Content" means text, images, videos, reviews, pricing, service descriptions, and any other material available on the Site.
"Customer" refers to any Customer who utilizes the Booking Portal to book an Accommodation or a Service provided by a Supplier.
"Data" refers to all information collected, processed, or stored by or through the Site and/or the Booking Portal, including Customer data, booking details, and transaction records.
“Individual Terms” means the individual conditions which were laid down by the Supplier in relation to a specific Listing at the time when the Customer makes a booking.
“Listings” means the detailed descriptions, advertisements, or offers created by Suppliers and displayed on the Booking Portal, which showcase the availability, pricing, features, and other relevant information about Accommodations and Services offered for booking;
“Overstay” means a situation in which a Customer remains in an Accommodation beyond the checkout time specified in the applicable Individual Terms, or beyond any alternative time mutually agreed upon with the relevant Supplier, without the express consent of the Supplier;
“Overstay Fee” is a fee payable to the Supplier for each twenty-four (24) hour period (or any portion thereof) of Overstay, and which is calculated as up to four (4) times the average nightly which had been paid by the Customer for the booked Accommodation. The exact Overstay Fee will be detailed in the applicable Individual Terms;
"Payment Gateway" means the third-party system integrated into the Booking Portal for processing payments made by Customers to Suppliers, or to the Company.
“Prohibited Activities” means activities which a User is prevented from carrying out on or through the Site, as detailed in Clause 6 below.
“Services” means any activities, offerings, or products made available by Suppliers for booking through the Booking Portal, including but not limited to car hire, tours, event tickets, guided experiences, transportation, or other related services and all features, facilities, or benefits associated with the provision of such offerings.
"Site" means the website ‘holiday-malta.com’ through which the Booking Portal is made available to Customers and including any subdomains thereof as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto.
"Suppliers" means any individual, business, or entity offering Accommodations or Services which can be viewed and reserved through the Booking Portal.
“Supplier Account” means the personalized profile created by a Supplier to access specific features of the Booking Portal, requiring registration and provision of certain personal or business information.
"Terms" means these Terms of Use, namely the rules, conditions, and policies governing the Use of the Booking Portal, as updated from time to time by the Company.
“Third Party Sites” means other websites which are not owned, managed or operated by the Company.
“Use” or “Using” means any use of the Site in any manner whatsoever, including accessing the Site, viewing any Content and/or reserving any Accommodation or Service through the Booking Portal.
"User" means any individual or entity that Uses the Site in any manner, whether registered or unregistered, including but not limited to Customers.
“User Content” means any materials, information, data, text, images, audio, video, or other content that a User submits, uploads, posts, publishes, transmits, or otherwise makes available on or through a website, platform, or service. This includes, but is not limited to, information contained in Listings, comments, feedback, messages, and any other contributions created and shared by Users.
2. AGREEMENT TO TERMS
2.1 These Terms of Use constitute a legally binding agreement between you, the Supplier, and Euro Resort. By Using the Site in any manner, you hereby declare that you have understood and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
2.2 We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use from time to time. We will alert you about any changes by updating the "Last updated" date of these Terms of Use, and you waive any right to receive specific notice of each such change. You will be subject to and will be deemed to have been made aware of and to have accepted the changes in any revised Terms of Use if you continue to use the Site after the date such revised Terms of Use are posted.
3. JURISDICTIONAL USE AND ELIGIBILITY
Access to and use of the Site is expressly provided for Accommodations situated in, and for Services provided in, Malta and Gozo.
If you access the Site from locations outside the Republic of Malta, you are doing so voluntarily and at your own risk. You bear sole responsibility for compliance with all applicable local, national, or international laws, including any requirements relating to consumer protection, data privacy, or tax obligations in such jurisdictions. We make no representation or warranty to Customers that the Site, its Content, or the Accommodations and Services offered through it are appropriate, available, or permitted in any specific location.
Furthermore, the Site is intended exclusively for individuals who are at least eighteen (18) years of age and possess the legal capacity to enter into binding contracts. By accessing or using the Site, you confirm that you meet these criteria and that you are fully able and competent to be bound by these Terms of Use.
4. SCOPE OF SERVICES AND LIMITATION OF LIABILITY
The Site serves as a digital platform that facilitates the discovery and booking of Accommodations and/or Services offered by you, as an independent Supplier. The Company's role is limited to providing the technological infrastructure that facilitates listings, bookings, and payments. The Company does not own, control, manage, offer, deliver, or assume responsibility for any Accommodations or Services. The Company disclaims all liability arising from or related to your Listings, conduct, and offerings.
As a Supplier, you bear sole and independent responsibility for the Services and Accommodations you provide through the Site. This includes, but is not limited to, ensuring compliance with all applicable laws and regulations, and upholding the accuracy, quality, safety, legality, and performance of your offerings. When a Customer makes a booking through the Site, they agree to the Individual Terms specific to your Listing, thereby forming a direct contractual relationship between you and the Customer. The Company is not, and shall not be considered, a party to that agreement and assumes no liability arising from or related to such transactions.
To the fullest extent permitted by applicable law, the Company disclaims all liability for any loss, damage, claim, injury, or other harm arising out of or related to the Services or Accommodations you provide. This includes, without limitation, personal injury, property damage, cancellations, delays, or dissatisfaction with the quality or characteristics of the booked services. The Company further assumes no responsibility for any damages to Accommodations listed by you on the Site or resulting in connection with any bookings made through the Booking Portal.
In the event that the Company is found liable to any extent, notwithstanding the above disclaimers, the total liability of the Company shall be limited to the lesser of: (i) the total amount received by the Company in connection with the booking giving rise to the claim, or (ii) one hundred Euro (€100). This limitation shall apply to all claims, regardless of the legal basis, including contract, tort, negligence, strict liability, or otherwise, even if the Company has been advised of the possibility of such damages.
5. SUPPLIER ACCOUNT REGISTRATION
5.1 You must register an account to access and use certain features of the Site, such as making a Listing. If you are registering an account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms of Use.
5.2 You can register a Supplier Account on the Site by using an email address and creating a password.
5.3 All information provided during registration and subsequent use of the Supplier Account must be accurate, current and complete. If the information provided by you at any point in time changes, you must correct such information immediately in your Supplier Account and on the Site. The Company cannot check the accuracy and completeness of the information provided by Suppliers and is not responsible for this.
5.4 You may not register more than one Supplier Account unless we authorize you to do so. You may not assign or otherwise transfer your Supplier Account to another party.
5.5 You are responsible for maintaining the confidentiality and security of your Supplier Account credentials and may not disclose your credentials to any third party. You must immediately notify the Company if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Supplier Account. You are liable for any and all activities conducted through your Supplier Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials. The Company shall not be liable for any damage caused by misuse, loss or disclosure of access data by the Supplier or a third party, due to a fault of the Supplier.
5.6 The Company reserves the right to block or delete you Supplier Account at its own discretion, in particular if it can be assumed that:
- you or your Supplier Account can impair the reputation of the Company or the ongoing operation of the Site;
- you have provided false, misleading or unlawful information or User Content;
- your Use of the Site disrupts the Company or other Users;
- you violated these Terms of Use or any applicable statutory provisions;
- unauthorised, illegal, non-contractual, punishable and/or abusive use of the Site has occurred or is imminent.
6.RESTRICTIONS ON USE OF THE SITE
6.1 The Site must be used safely and in compliance with all applicable laws. While using the Site, you shall not engage in any of the following Prohibited Activities:
- making untrue statements and assertions or provide information against better knowledge;
- providing content that is insulting, offensive, discriminatory, obscene, pornographic, violent or otherwise inappropriate;
- using the Site to support or promote unauthorized or illegal actvities, including but not limited to bypassing the Sites’s booking system,
- collecting Customer data outside the Site, or engaging in activities that could damage, disable, overburden, or impair the Site’s infrastructure or security.
- violating the rights (including personal rights, data protection rights and intellectual property rights) of others or uploading content that could result in civil or criminal penalties under applicable law or otherwise conflict with these Terms of Use;
- decompiling, disassembling, reverse engineering, copying, transferring or otherwise exploiting the Site and Content, except as permitted by copyright law;
- automatically crawling, scraping, caching or otherwise analysing Content on the Site;
- unauthorised advertising, junk messages, spam, chain letters or pyramid schemes;
- using the Site in a way that (i) is likely to interfere with, disrupt, slow down or hinder the functionality of the Site, (ii) could result in a disruption of the Site or the IT infrastructure, (iii) impairs system resources, (iv) places an unreasonable burden on the Site's infrastructure, or (v) constitutes an attack on the security and authentication measures of the Site or the Company’s IT infrastructure;
- using the Site for purposes other than those for which it was developed and made available to you.
7. COPYRIGHT AND INDUSTRIAL PROPERTY RIGHTS
7.1 Site and Booking Platform
7.1.1 The Company shall retain all right, title, and interest in and to the Company IP.
7.1.2 Except as expressly permitted in this Agreement, the User shall not: (a) copy, modify, or create derivative works based on the Company IP; (b) distribute, sell, sublicense, lease, rent, or otherwise transfer rights to the Company IP; (c) reverse engineer, decompile, or disassemble the Company IP; or (d) remove or alter any proprietary notices or labels contained in or on the Company IP.
7.1.3 Any feedback, suggestions, or ideas provided by the User regarding the Company IP shall be deemed non-confidential, and the Provider shall be free to use such feedback without restriction or compensation to the User.
7.1.4 The User acknowledges that the Company IP constitutes valuable trade secrets and confidential information of the Provider. The User agrees to maintain the confidentiality of the Company IP and to protect it with at least the same degree of care used to protect its own confidential information, but in no event less than reasonable care.
7.1.5 No rights or licenses are granted to the User under this Agreement, whether by implication, estoppel, or otherwise, except for the limited right to access and use the Site and the Booking Platform in accordance with the terms of this Agreement.
7.2 USER CONTENT
7.2.1 By submitting or making available any User Content on the Site, you grant the Company a non-exclusive, transferable, sub-licensable, royalty-free, worldwide, perpetual, and revocable license to use, store, reproduce, publish, display, distribute, and otherwise make your User Content available as reasonably necessary for the operation, promotion, and display of the Site. You acknowledge and agree that your User Content may be visible and accessible to other Users and participants of the Site.
7.2.2 You acknowledge that, due to the nature of digital and online content distribution—including viral sharing and third-party access—the Company cannot guarantee its ability to control or prevent the further distribution of your User Content once it has been shared or accessed by others. As a result, removing your User Content from the Site may not ensure complete removal from the internet or from third-party platforms, particularly where such content has already been copied, shared, or stored outside of the Company’s control.
7.2.3 Except for User Content you specifically provide (in relation to which you have provided a licence to the Company as per Clause 8.1 above), all Content and materials on the Site—including but not limited to text, graphics, images, illustrations, layout, structure, the Company’s logo, and database contents—are the intellectual property of the Company and are protected by copyright, trademark, and other applicable intellectual property laws. You may not copy, modify, distribute, perform, display, transmit, translate, or otherwise use such materials without the Company’s express prior written consent.
8. SUPPLIER RESPONSIBILITIES AND REPRESENTATIONS
8.1 As a Supplier offering Accommodations and/or Services through the Platform, you acknowledge, agree, and expressly warrant the following responsibilities and representations, which are essential to maintaining the integrity, safety, and legality of the Site:
8.1.1 Legal Compliance: You are solely and fully responsible for ensuring that all Accommodations and Services you offer comply with all applicable local, state, national, and international laws, regulations, ordinances, and licensing requirements, including but not limited to zoning, tax, business licensing, housing, health and safety, and short-term rental regulations.
8.1.2 Accuracy and Integrity of Listings: You are responsible for ensuring that all information provided in your Listings—including but not limited to descriptions, pricing, availability, images, location data, amenities, rules, and any applicable fees—is truthful, complete, and up to date. You shall not post misleading, deceptive, or fraudulent content or make material omissions that could mislead Customers.
8.1.3 Quality and Condition: You warrant that all Accommodations and Services offered meet commercially required standards of safety, cleanliness, maintenance, and suitability, and are in the condition described in your Listing at the time of the Customer’s use or stay.
8.1.4 Authority and Rights: You represent and warrant that you have full authority, right, and legal capacity to list and offer each Accommodation or Service, and that no third-party rights—including leasehold interests, condominium rules, homeowners' association restrictions, intellectual property rights, or liens—are being violated by such listing or provision.
8.1.5 Insurance and Risk Management: You are solely responsible for obtaining and maintaining all appropriate insurance coverage, including liability, property, and other coverages as applicable to your offerings. The Company does not provide insurance for Suppliers or their Accommodations/Services and disclaims all liability in connection with insurance coverage or claims.
8.1.6 Conduct and Performance: You must treat all Customers with courtesy and professionalism and shall provide the booked Accommodations and Services in accordance with the Individual Terms, timelines, and specifications disclosed in your Listing. You are also responsible for resolving any disputes or complaints arising from your conduct or the nature of your offerings as further detailed in Clause 13 below.
8.1.7 Booking Modifications: You are solely responsible to process any Booking Modifications in accordance with your Individual Terms. If specified in the relevant Individual Terms you may impose Additional Charges, including applicable fees and taxes, that result from such changes. You may also cancel a confirmed booking in accordance with the relevant Individual Terms of a Listing and the refund amount, including any applicable fees and taxes, will be determined by the said Individual Terms. All refunds related to cancellations will be processed by the Company. In certain cases, the Company may, at its sole discretion, cancel a confirmed booking and decide on the appropriate refund and payout amounts. This may occur if the Company, acting in good faith and taking into account the legitimate interests of all parties, considers the cancellation necessary to prevent significant harm to the Company, the Customer, a Supplier, other Users, third parties, or property.
8.1.8 Damages to property: If specified in the relevant Individual Terms , you may impose any Additional Charges arising from: excessive cleaning requirements or unauthorized additional guests not included in the booking. Provided that it is stated in the Individual Terms, these Additional Charges may be applied by you on site, deducted from a Customer’s Security Deposit, or charged to their credit/debit card. You will have the obligation to provide a receipt and supporting documentation (e.g. invoices) to the Customer if and when requested.
8.1.9 Taxes and Regulatory Obligations: You are solely responsible for determining, collecting, reporting, and remitting all applicable taxes, levies, duties, and charges arising from your use of the Site and the provision of Accommodations and Services, including without limitation occupancy taxes, VAT, income tax, and business taxes.
8.1.10 Payment due to Company: The Supplier agrees to pay the Company [insert fee type, e.g., a fixed monthly fee, a percentage of gross sales, or per-listing fees] in consideration for access to and use of the Site and the Booking Platform. The applicable fee shall be [insert amount and frequency, e.g. 15% of net revenue,], payable on a [monthly/quarterly/transactional] basis. The Company will issue an invoice [e.g. monthly in arrears or upon delivery of services], and the Supplier shall pay all undisputed amounts within [15/30] days from the date of the invoice. Payments shall be made via [e.g. bank transfer, or another agreed method] to the bank account or payment details provided by the Company. If any amount is not paid when due, the unpaid amount shall accrue interest at a rate of [8% per month] or the maximum rate permitted by law, whichever is higher, from the due date until paid in full. The Company reserves the right to suspend access to the Site, the Booking Platform and related services until full payment is received. All amounts payable under this Agreement are exclusive of any applicable taxes. The Supplier shall be responsible for all applicable sales, use, value-added, or similar taxes, except for taxes based solely on the Company’s net income.
9. INDEMNIFICATION
9.1 You agree to defend, indemnify, and hold harmless the Company, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including legal fees) arising out of or in connection with: (i) your breach of these Terms; (ii) your Listings, Accommodations, or Services; (iii) your interaction with Customers; (iv) any injury, loss, or damage suffered by Customers or third parties in connection with your offerings; and (v) your violation of any laws, regulations, or third-party rights.
9.2 The Supplier shall promptly notify the Supplier in writing of any claim for which indemnification is sought. The Supplier shall have sole control over the defense and settlement of such claim, provided that: (i) the settlement does not impose any obligation or admission of liability on the Indemnified Party without its prior written consent, and (ii) the Indemnified Party may participate in the defense with counsel of its choice at its own expense.
Notwithstanding the foregoing, the Company reserves the right, at its own expense, to seek injunctive or equitable relief if the Supplier’s actions are likely to cause irreparable harm to the Company’s intellectual property or business reputation.
10. COMPANY’S DISCRETION IN CASE OF BREACHES
The Company reserves the right, in its sole discretion, to suspend or permanently remove any Listing without prior notice if it determines that there has been a breach of these Terms, any applicable laws, or any other policies or agreements referenced herein. This right includes, but is not limited to, instances of fraudulent behaviour, intellectual property violations, illegal activity, actions that compromise the integrity or security of the Site or its Users or cases where the Supplier repeatedly fails to respond to Customer Complaints as detailed in Clause 13 below.
11. DATA PROCESSING
11.1 Each Party shall comply with its obligations under applicable data protection laws, including the General Data Protection Regulation (GDPR) and any national implementing legislation. Where one Party processes personal data on behalf of the other, the Parties agree to enter into and be bound by the terms of a separate Data Processing Agreement (“DPA”), which shall form part of and be incorporated into this Agreement by reference.
11.2 In the event of any conflict between the terms of this Agreement and the DPA with respect to data protection, the terms of the DPA shall prevail.
12. RATINGS AND REVIEWS
12.1 Within a certain timeframe after completing a booking, Customers and Suppliers can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual Users and do not reflect the opinion of the Company.
12.2 You are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Supplier. Ratings and Reviews are part of your public profile and may also appear elsewhere on the Site, together with any other information at the sole discretion of the Company.
12.3 The Supplier or an authorized representative may conduct an inspection of the Accommodation in your presence after departure. If you refuse such an inspection and damage or loss is discovered afterward, you will be presumed responsible and may be charged accordingly.
13. COMPLAINTS PROCEDURE
13.1 In the event that a Customer wishes to raise a complaint about your Accommodation or Service which has been booked through the Booking Portal, they must first notify you immediately upon discovering the issue, in order to provide an opportunity for the matter to be addressed and resolved without delay. In such an event, you must respond to the Complaint immediately and in any event not later that two (2) hours from receipt of the complaint.
13.2 If the complaint remains unresolved within twenty-four (24) hours of being reported to the Supplier, a Customer may escalate the matter by contacting the Company’s customer support team.
13.3 In the event where you have not responded to a Customer complaint within twenty-four (24) hours, the Company reserves the right to temporarily or permanently remove the your Listing/s from the Site.
14. 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.
15. APPLICABLE LAW & JURISDICTION
15.1 These Terms of Use shall be governed by and construed in accordance with the laws of the Republic of Malta.
15.2 Any dispute, controversy, or claim arising out of or relating to these Terms, the breach thereof, or any use of the Site, including the validity, interpretation, performance, or termination of this agreement, shall be finally settled by arbitration in accordance with the Arbitration Act (Chapter 387 of the Laws of Malta) and the Arbitration Rules of the Malta Arbitration Centre, as in force at the time of the dispute.
15.3 The arbitration shall be conducted in Malta, in the English language, before a single arbitrator appointed in accordance with the said Rules. The decision of the arbitrator shall be final and binding on the parties, and judgment on the award rendered may be entered in any court having jurisdiction thereof.
16. IN CASE OF DIFFICULTY
If you have any difficulty interpreting these Terms & Conditions, you are encouraged to contact our Team through the ‘messaging’ tab available in your Supplier Account.
Terms of Use for CUSTOMERS
1. DEFINITIONS
For the purposes of these Terms of Use, the following terms shall have the meanings set forth below:
“Accommodation/s” means any lodging or housing option offered by a Supplier through the Booking Portal, including but not limited to hotels, motels, bed and breakfasts, vacation rentals, apartments, hostels, and similar facilities, provided for temporary or short-term lodging and all associated services, amenities, or facilities included as part of the lodging arrangement.
“Accompanying Individual” refers to any person, other than the primary Customer, who is included in a booking, accompanies the Customer in connection with the reserved Accommodation or Service, or is otherwise granted access or participation rights by the Customer.
“Booking Modification” means the modification of a booking carried out through the Site.
"Booking Portal" means the online platform provided by the Company, accessible via the Site, through which Customers can browse Listings and select and secure reservations for Services or Accommodations.
"Cancellation Policy" means the rules set forth by Suppliers or the Company regarding the cancellation of reservations or bookings and the conditions for refunds or penalties as detailed in the Individual Terms.
“Company” or "Euro Resort" refers to Euro Resort Investments Limited, a company registered in Malta with Company Registration No C28576 and registered office at 58/3 Triq il-Kbira, Sliema SLM 1543 and authorised by the Malta Tourism Authority to act as an Incoming Travel Operator and Destination Management Company under licence no TRA/E33 ("we," "us," or "our" shall be construed accordingly).
“Company IP” means all technology, software, algorithms, data structures, platform architecture, user interfaces, and any related documentation, brands, trade names, logos, designs, audio or visual content, database rights or other intellectual property in, or related to, the Site and the Booking Platform, including any improvements, modifications, or derivative works thereof, regardless of whether such modifications were suggested or implemented by the User or any third party.
"Confidential Information" means any information related to the Company's or the Supplier’s operations, systems, or other proprietary data not publicly disclosed.
"Content" means text, images, videos, reviews, pricing, service descriptions, and any other material available on the Site.
"Customer" refers to any Customer who utilizes the Booking Portal to book an Accommodation or a Service provided by a Supplier.
"Customer Account" means the personalized profile created by a Customer to access specific features of the Booking Portal, requiring registration and provision of certain personal or business information.
"Data" refers to all information collected, processed, or stored by or through the Site and/or the Booking Portal, including Customer data, booking details, and transaction records.
“Individual Terms” ” means the individual conditions which were laid down by the Supplier in relation to a specific Listing at the time when the Customer makes a booking.
“Listings” means the detailed descriptions, advertisements, or offers created by Suppliers and displayed on the Booking Portal, which showcase the availability, pricing, features, and other relevant information about Accommodations and Services offered for booking;
“Overstay” means a situation in which a Customer remains in the accommodation beyond the checkout time specified in the applicable Individual Terms, or beyond any alternative time mutually agreed upon with the relevant Supplier, without the express consent of the Supplier;
“Overstay Fee” is a fee payable to the Supplier for each twenty-four (24) hour period (or any portion thereof) of Overstay, and which is calculated as up to four (4) times the average nightly which had been paid by the Customer for the booked Accommodation. The exact Overstay Fee will be detailed in the applicable Individual Terms;
"Payment Gateway" means the third-party system integrated into the Booking Portal for processing payments made by Customers to Suppliers, or to the Company.
“Prohibited Activities” means activities which a User is prevented from carrying out on or through the Site, as detailed in Clause 7 below.
“Services” means any activities, offerings, or products made available by Suppliers for booking through the Booking Portal, including but not limited to car hire, tours, event tickets, guided experiences, transportation, or other related services and all features, facilities, or benefits associated with the provision of such offerings..
"Suppliers" means any individual, business, or entity offering Accommodations or Services which can be viewed and reserved through the Booking Portal.
"Site" means the website ‘holiday-malta.com’ through which the Booking Portal is made available to Customers and including any subdomains thereof as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto.
"Terms" means these Terms of Use, namely the rules, conditions, and policies governing the Use of the Booking Portal, as updated from time to time by the Company.
“Third Party Sites” means other websites which are not owned, managed or operated by the Company.
“Use” or “Using” means any use of the Site in any manner whatsoever, including accessing the Site, viewing any Content and/or reserving any Accommodation or Service through the Booking Portal.
"User" means any individual or entity that Uses the Site in any manner, whether registered or unregistered, including but not limited to Customers.
“User Content” means any materials, information, data, text, images, audio, video, or other content that a User submits, uploads, posts, publishes, transmits, or otherwise makes available on or through a website, platform, or service. This includes, but is not limited to, comments, reviews, feedback, messages, and any other contributions created and shared by Users.
2. AGREEMENT TO TERMS
2.1 These Terms of Use constitute a legally binding agreement between you, the Customer and Euro Resort. By Using the Site in any manner, you hereby declare that you have understood and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
2.2 We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use from time to time. We will alert you about any changes by updating the "Last updated" date of these Terms of Use, and you waive any right to receive specific notice of each such change. You will be subject to and will be deemed to have been made aware of and to have accepted the changes in any revised Terms of Use if you continue to use the Site after the date such revised Terms of Use are posted.
3. JURISDICTIONAL USE AND ELIGIBILITY
3.1 Access to and use of the Site is expressly prohibited in any jurisdiction where such access or use would be unlawful or would subject the Company to registration, licensing, or other regulatory obligations that the Company has not undertaken. By accessing or Using the Site, you represent and warrant that such access and Use complies with all applicable laws in your jurisdiction, and you accept full responsibility for ensuring such compliance.
3.2 We make no representation or warranty that the Site, its content, or the Accommodations and Services offered through it are appropriate, available, or permitted in any specific location. If you access the Site from locations outside the Republic of Malta, you are doing so voluntarily and at your own risk. You bear sole responsibility for compliance with all applicable local, national, or international laws, including any requirements relating to consumer protection, data privacy, or tax obligations in such jurisdictions.
3.3 Furthermore, the Site is intended exclusively for individuals who are at least eighteen (18) years of age and possess the legal capacity to enter into binding contracts. By accessing or using the Site, you confirm that you meet these criteria and that you are fully able and competent to be bound by these Terms of Use.
4. SCOPE OF SERVICES AND LIMITATION OF LIABILITY
4.1 The Site functions as a digital platform that enables Customers to discover and reserve Accommodations and/or Services offered by independent Suppliers. The Company provides solely the technological infrastructure for booking to be made but does not own, create, sell, resell, provide, manage, offer, supply, or deliver any of the Accommodations or Services listed on the Site. The Company is not a travel organizer, agent, real estate broker, or insurer, nor does it act in any agency capacity for any party.
4.2 Each Supplier is entirely and independently responsible for the Services and Accommodations they offer through the Site, including, but not limited to, compliance with all applicable laws and regulations, as well as for the accuracy, quality, safety, legality, and performance of such offerings. By making a booking through the Site, you are unequivocally agreeing to the Individual Terms applicable to such Listing and thus enter into a direct contractual relationship with the relevant Supplier. The Company is not and does not become a party to any such agreement, nor does it assume any liability arising out of or in connection with such transactions.
4.3 To the maximum extent permitted by applicable law, the Company disclaims all liability for any loss, damage, claim, injury, or other harm incurred as a result of or in connection with any Services or Accommodations provided by a Supplier, including without limitation, personal injury, property damage, service cancellations, delays, or dissatisfaction with the quality or nature of the booked services. Additionally, the Company shall have no responsibility to search for or provide alternative accommodation arrangements if a booking is terminated or not upheld by a Supplier for any reason whatsoever, and you understand that Company shall issue no refund in such cases.
4.4 The Company shall not be held responsible for any claims, losses, or incidents that arise during your stay in the Maltese Islands.
4.5 In the event that the Company is found liable to any extent, notwithstanding the above disclaimers, the total liability of the Company shall be limited to the lesser of: (i) the total amount received by the Company in connection with the booking giving rise to the claim, or (ii) one hundred Euro (€100). This limitation shall apply to all claims, regardless of the legal basis, including contract, tort, negligence, strict liability, or otherwise, even if the Company has been advised of the possibility of such damages.
5. LINKS TO OTHER WEBSITES
The Site may contain hyperlinks to Third-Party Sites. When you visit Third-Party Sites, the Terms of Use and Privacy Policy documented in the relative website will be applicable. When we provide a link to a Third-Party Site, we are not approving or endorsing the linked website, the content therein or any goods or services provided by the operators of such Third-Party Sites. We do not monitor or check the content found therein for accuracy or completeness. If you decide to leave the Site to access a Third-Party Site, you do so at your own risk. Euro Resort disclaims all liability in this respect.
6. CUSTOMER ACCOUNT REGISTRATION
6.1 You must register an account to access and use certain features of the Site, such as booking a Listing. If you are registering an account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms of Use.
6.2 You can register a Customer Account on the Site by using an email address and creating a password.
6.3 All information provided during registration and subsequent use of the account must be accurate, current and complete. If the information provided by you during registration changes, you must correct such information immediately in your Customer Account. The Company cannot check the accuracy and completeness of the information provided by Customers during registration and when using the Customer Account and is not responsible for this.
6.4 You may not register more than one Customer Account unless we authorize you to do so. You may not assign or otherwise transfer your Customer Account to another party.
6.5 You are responsible for maintaining the confidentiality and security of your Customer Account credentials and may not disclose your credentials to any third party. You must immediately notify the Company if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Customer Account. You are liable for any and all activities conducted through your Customer Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials. The Company shall not be liable for any damage caused by misuse, loss or disclosure of access data by the Customer or a third party, due to a fault of the Customer.
6.6 The Company reserves the right to block or delete you Customer Account at its own discretion, in particular if it can be assumed that:
- you or your Customer Account can impair the reputation of the Company or the ongoing operation of the Site;
- you have provided false, misleading or unlawful information or User Content;
- your Use of the Site disrupts the Company or other Users;
- you have not logged into your Customer Account for six (6) months or more;
- you have violated these Terms of Use or any applicable statutory provisions;
- unauthorised, illegal, non-contractual, punishable and/or abusive use of the Site has occurred or is imminent.
7. RESTRICTIONS ON USE OF THE SITE
7.1 The Site must be used safely and in compliance with all applicable laws. While using the Site, you shall not engage in any of the following Prohibited Activities:
- making untrue statements and assertions or provide information against better knowledge;
- providing content that is insulting, offensive, discriminatory, obscene, pornographic, violent or otherwise inappropriate;
- promoting or supporting illegal activities or unlawful acts;
- violating the rights (including personal rights, data protection rights and intellectual property rights) of others or upload content that could result in civil or criminal penalties under applicable law or otherwise conflict with these Terms of Use;
- decompiling, disassembling, reverse engineering, copying, transferring or otherwise exploiting the Site and Content, except as permitted by copyright law;
- automatically crawling, scraping, caching or otherwise analysing Content on the Site;
- unauthorised advertising, junk messages, spam, chain letters or pyramid schemes;
- using the Site in a way that (i) is likely to interfere with, disrupt, slow down or hinder the functionality of the Site, (ii) could result in a disruption of the Site or the IT infrastructure, (iii) impairs system resources, (iv) places an unreasonable burden on the Site's infrastructure, or (v) constitutes an attack on the security and authentication measures of the Site or the Company’s IT infrastructure;
- using the Site for purposes other than those for which it was developed and made available to you.
7.2 You may only use the Site for your own personal non-commercial purposes.
7.3 You hereby indemnify and hold the Company harmless from and against any claims, damages, liabilities, costs, losses and expenses arising from (i) culpable breach of these Terms of Use, (ii) your culpable infringement of third-party rights and/or (iii) culpable damage caused by User Content uploaded by you.
8. COPYRIGHT AND INTELLECTUL PROPERTY RIGHTS
8.1 Site and Booking Platform
8.1.1 The Company shall retain all right, title, and interest in and to the Company IP.
8.1.2 Except as expressly permitted in this Agreement, the User shall not: (a) copy, modify, or create derivative works based on the Company IP; (b) distribute, sell, sublicense, lease, rent, or otherwise transfer rights to the Company IP; (c) reverse engineer, decompile, or disassemble the Company IP; or (d) remove or alter any proprietary notices or labels contained in or on the Company IP.
8.1.3 Any feedback, suggestions, or ideas provided by the User regarding the Company IP shall be deemed non-confidential, and the Provider shall be free to use such feedback without restriction or compensation to the User.
8.1.4 The User acknowledges that the Company IP constitutes valuable trade secrets and confidential information of the Provider. The User agrees to maintain the confidentiality of the Company IP and to protect it with at least the same degree of care used to protect its own confidential information, but in no event less than reasonable care.
8.1.5 No rights or licenses are granted to the User under this Agreement, whether by implication, estoppel, or otherwise, except for the limited right to access and use the Site and the Booking Platform in accordance with the terms of this Agreement.
8.2 User Content Site
8.2.1 By submitting or making available any User Content on the Site, you grant the Company a non-exclusive, transferable, sub-licensable, royalty-free, worldwide, perpetual, and revocable license to use, store, reproduce, publish, display, distribute, and otherwise make your User Content available as reasonably necessary for the operation, promotion, and display of the Site. You acknowledge and agree that your User Content may be visible and accessible to other Users and participants of the Site.
8.2.2 You acknowledge that, due to the nature of digital and online content distribution—including viral sharing and third-party access—the Company cannot guarantee its ability to control or prevent the further distribution of your User Content once it has been shared or accessed by others. As a result, removing your User Content from the Site may not ensure complete removal from the internet or from third-party platforms, particularly where such content has already been copied, shared, or stored outside of the Company’s control.
8.2.3 Except for User Content you specifically provide (in relation to which you have provided a licence to the Company as per Clause 8.1 above), all Content and materials on the Site—including but not limited to text, graphics, images, illustrations, layout, structure, the Company’s logo, and database contents—are the intellectual property of the Company and are protected by copyright, trademark, and other applicable intellectual property laws. You may not copy, modify, distribute, perform, display, transmit, translate, or otherwise use such materials without the Company’s express prior written consent.
9. BOOKING AN ACCOMMODATION
9.1 A confirmed booking for an Accommodation constitutes a limited licence granted by the Supplier to you, permitting you to enter, occupy, and use the Accommodation for the duration of your reserved stay. During this period, and only to the extent permitted by applicable law, the Supplier retains the right to re-enter the Accommodation in accordance with the Supplier’s Individual Terms.
9.2 You agree to vacate the Accommodation no later than the checkout time specified in the Supplier’s Individual Terms, or at such other time as may be mutually agreed between you and the Supplier. If you Overstay, the licence granted to you under Clause 9.1 shall be deemed immediately terminated, and the Supplier may require you to vacate the premises in accordance with applicable law. In such cases, you agree to pay any applicable Overstay Fees if requested by the Supplier, as well as any related fees, taxes, or legal costs incurred to enforce your departure. By Overstaying, you expressly authorize the Supplier to charge such Overstay Fees.
9.3 Certain Accommodations may require a refundable security deposit and/or breakage deposit. The security deposit must be paid directly to the Supplier upon arrival or check-in at the Accommodation. The security deposit is separate from and additional to the total rental amount paid through the Booking Portal. If no damage or breakages occur during your stay, the Supplier will refund the deposit prior to your departure.
9.4 Some Accommodations may offer additional “pay-per-use” services, which may include, but are not limited to, telephone usage, air conditioning, internet access, electricity, or water consumption. These services are typically outlined in the Supplier’s Individual Terms. However, you are strongly advised to inquire directly with the Supplier about any applicable charges for such services before confirming your booking.
10. BOOKING ACTIVITIES, EVENTS AND OTHER SERVICE DISPLAYED ON THE SITE
10.1 Before booking any Service, you are responsible for thoroughly reviewing the Service description and the Supplier’s Individual Terms to ensure that you, as well as any additional individuals included in your booking, meet all requirements specified by the Supplier. These requirements may include, but are not limited to, minimum age, skill level, physical fitness, or other prerequisites listed in the Service details. At your discretion, it may be advisable to inform the Supplier of any medical, physical, or other conditions that could impact your or any Accompanying Individual’s ability to fully participate in or enjoy the Service.
10.2 You must also be aware that certain legal requirements—such as the minimum legal drinking age in the location where the Service is provided—may apply. It is your responsibility to identify, understand, and comply with all relevant laws, regulations, and rules related to the Service. You and any Accompanying Individuals must follow all instructions and guidelines provided by the Supplier at all times before and during the Service.
10.3 Only individuals who are expressly included in your booking as additional participants through the Site may take part in or benefit from the Service. Unregistered or unauthorized individuals are not permitted to access or participate in the Service.
11. BOOKING MODIFICATIONS, CANCELLATIONS AND REFUNDS
11.1 You are solely responsible for any Booking Modifications to your booking and agree to pay any additional charges, including applicable fees and taxes, that result from such changes, as outlined in the relevant Individual Terms.
11.2 You may cancel a confirmed booking in accordance with the Supplier’s Individual Terms. The refund amount, including any applicable fees and taxes, will be determined by those terms. All refunds related to cancellations will be processed by the Company.
11.3 In certain cases, the Company may, at its sole discretion, cancel a confirmed booking and decide on the appropriate refund and payout amounts. This may occur if the Company, acting in good faith and taking into account the legitimate interests of all parties, considers the cancellation necessary to prevent significant harm to the Company, a Supplier, other users, third parties, or property.
12. RATINGS AND REVIEWS
12.1 Within a certain timeframe after completing a booking, Customers and Suppliers can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual Users and do not reflect the opinion of the Company.
12.2 You are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Customer. Ratings and Reviews are part of your public profile and may also appear elsewhere on the Site, together with any other information at the sole discretion of the Company.
13. USE OF ACCOMMODATION
13.1 Upon your arrival, you are responsible for inspecting the Accommodation with the Supplier or their designated contact. Any existing damage or missing items must be reported immediately. If you do not report these issues at check-in, it may be presumed that you are responsible for any such damage or loss discovered later.
13.2 You must comply with these Terms of Use and the Individual Terms during your stay at a booked Accommodation. If you or any Accompanying Individual breaches these Terms and Conditions or the Individual Terms, violates applicable local laws, or engages in conduct that causes—or is likely to cause—harm, disruption, or distress to others or damage to the Accommodation, the Supplier or the Company (acting on the Supplier’s behalf) may, without prior notice, terminate your booking. In such cases, you and any Accompanying Individual will be required to vacate the Accommodation immediately, and you will remain responsible for any costs incurred as a result of the termination.
13.3 You are strongly advised to obtain comprehensive travel insurance before traveling to Malta. This insurance should cover force majeure events, booking cancellations, accidental damage to the Accommodation, personal liability, and any other services booked through the Booking Portal. Your policy should apply to Accompanying Individuals.
14. DEPARTURES
14.1 You are responsible for ensuring that upon departure, the Accommodation, including all furnishings, fixtures, and contents, is left in the same condition as it was at the time of check-in. You are also liable for your own actions and omissions, as well as those of any individuals you invite into, or otherwise permit access to, the Accommodation.
14.2 Before departure from the Accommodation, you are expected to:
- Remove all personal belongings and food items;
- Empty fridges, freezers, bins, and dishwashers (including filters);
- Flush toilets and clean all used kitchen equipment;
- Return all items to their original positions;
- Wipe down surfaces, sweep floors, and dispose of household waste at designated disposal points.
14.3 The Supplier or an authorized representative may conduct an inspection of the Accommodation in your presence after departure. If you refuse such an inspection and damage or loss is discovered afterward, you will be presumed responsible and may be charged accordingly.
15. DAMAGES TO THE ACCOMMODATION
15.1 By making a reservation for Accommodation or Services through the Booking Portal, you accept full and sole responsibility for any fines, damages, breakages, losses, or other liabilities caused by you or any Accompanying Individual, whether intentional or accidental.
15.2 You hereby also agree to pay any additional charges arising from:
- Excessive cleaning requirements;
- Unauthorized additional guests not included in your original booking.
15.3 These charges may be applied by the Supplier on-site and, where appropriate, may be deducted from your security deposit or charged to your credit/debit card. You have the right to request a receipt and supporting documentation (e.g., invoices) directly from the Supplier.
15.2 You acknowledge and agree that at all times, you may be held liable for any claims, expenses, or damages incurred by the Company as a result of any damages cause by you or an Accompanying Individual. This includes, but is not limited to, compensation paid to third parties, administrative costs, and any legal fees or court costs. You further agree to fully indemnify and hold harmless the Company, its affiliates, directors, officers, employees, and agents from and against any and all claims, demands, actions, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or in connection with any act or omission by you or any Accompanying Individual that results in damage to property, breach of contract, violation of law, or infringement of third-party rights.
16. COMPLAINTS PROCEDURE
16.1 In the event that you wish to raise a complaint regarding any Accommodation or Supplier you have booked through the Booking Portal, you must first notify the Supplier immediately upon discovering the issue, in order to provide an opportunity for the matter to be addressed and resolved without delay.
16.2 If the complaint remains unresolved within twenty-four (24) hours of being reported to the Supplier, you must escalate the matter by contacting the Company’s customer support team through the ‘messaging tab’ in your Customer Account. Support is available Monday to Friday, between 09:00 and 17:00 (CET), excluding public holidays.
16.3 All complaints must be formally submitted during your stay at the relevant Accommodation. This is a strict requirement to ensure that any issues can be investigated and, where possible, rectified promptly. The Company shall not be held liable for, and will not process, any complaints or claims raised after you have departed from or checked out of the Accommodation.
17. 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.
18. APPLICABLE LAW & JURISDICTION
18.1 These Terms of Use shall be governed by and construed in accordance with the laws of the Republic of Malta.
18.2 Any dispute, controversy, or claim arising out of or relating to these Terms, the breach thereof, or any use of the Site, including the validity, interpretation, performance, or termination of this agreement, shall be finally settled by arbitration in accordance with the Arbitration Act (Chapter 387 of the Laws of Malta) and the Arbitration Rules of the Malta Arbitration Centre, as in force at the time of the dispute.
18.3 The arbitration shall be conducted in Malta, in the English language, before a single arbitrator appointed in accordance with the said Rules. The decision of the arbitrator shall be final and binding on the parties, and judgment on the award rendered may be entered in any court having jurisdiction thereof.
19. IN CASE OF DIFFICULTY
If you have any difficulty interpreting these Terms & Conditions, you are encouraged to contact our Customer Support Team through the ‘messaging’ tab available in your Customer Account.