Hereunder the term ‘Hotel’ shall refer to ‘The Gomerino Hotel’ (101,Old Bakery Street, Valletta, Malta) and the term ‘Hotel-Keeper’ shall refer to the Maltese registered limited liability company ‘La Toc Hotels Limited’ (C-64420).
Hereunder the term ‘Guest’ shall refer to all paying guests of the hotel:
A. AREA OF APPLICABILITY
These general terms and conditions shall apply for all accommodation and ancillary services provided by the Hotel-Keeper in the premises of the Hotel.
B. ACCEPTANCE OF THESE TERMS AND CONDITIONS
These terms and conditions are applicable to all guests booking of accommodation with Hotel-Keeper or through any other Agent or Tour Operator in relation to the Hotel.
If a third party effects any booking on behalf of a guest, such third party is liable to the Hotel-Keeper for any applicable obligations together with the guest as joint and several debtor.
No reservation for accommodation is confirmed unless the client has received a booking confirmation from the Hotel-Keeper. Booking confirmations will be sent via fax, email or post on receipt of full payment unless agreed otherwise between the guest and the Hotel-Keeper.
C. SERVICES, PRICES, PAYMENT AND BILLING
The Hotel-Keeper is obliged to provide all accommodation services requested by the guest and agreed to by the said Hotel-Keeper.
The guest is obliged to pay the Hotel-Keeper the agreed prices for all services of accommodation agreed upon.
All agreed prices include the current statutory Value Added Tax (VAT). Should the rate of VAT applicable to the contractual services increase or decrease after the conclusion of the contract, the prices shall be adjusted accordingly.
The Hotel-Keeper is entitled to increase the prices if any national or municipal duties or taxes for the accommodation are increased.
All fees and payment agreed by the Hotel-Keeper and the Guest are payable upon the term agreed to in writing between the Parties. If payment is delayed without any reason by the guest, the Hotel-Keeper is entitled to claim interest for mere delay at the highest rates allowed by law but not less than 8 % per annum computed daily.
The Hotel-Keeper is entitled to demand a deposit or similar pre-payment from the guest. If such deposit or pre-payment is not made within the agreed period, the Hotel-Keeper can withdraw from the accommodation contract without providing any other reason.
Prices quoted are for accommodation only or as stated on booking confirmation and any extras are not included in the stated price and will consequently be charged to the client as appropriate.
The Hotel-Keeper accepts the following methods of payment: Bank to Bank transfer to our account (this will be provided by the Hotel-Keeper) and Credit Card / Debit Card (Mastercard, Visa). Cheques are not accepted.
The Hotel-Keeper reserves the right to deduct any payment or sum due by the guest from the Credit-Card as applicable.
D. ROOM AVAILABILITY, DELIVERY AND RETURN
The guest does not acquire any claim for the availability of a room, unless the Hotel-Keeper confirmed the availability of a room in writing.
Rooms are available to the guest from on the day of arrival. The guest has no claim for earlier availability. Guests who arrive before 3pm can move into their room as early as possible, per availability. Rooms are to be taken by 11pm on the day of arrival. After this time the Hotel-Keeper reserved the right to book out the rooms to other third parties, unless the guest informs the Hotel-Keeper in advance and in writing that he/she would arrive late. The Hotel-Keeper is entitled to demand a guarantee for late arrivals.
On the agreed day of departure, check-out is at 11am the latest. After this time the Hotel-Keeper may charge 25 % of the agreed price of the room for the additional use of the room up until 4pm, and 50 % from 6pm. Possible further claims for compensation for damages by the Hotel-Keeper are reserved.
Any demand for any alterations to check-in and check-out times will be considered by the Hotel-Keeper on a purely discretional case-by-case basis and the guest will have no claim against the Hotel-Keeper.
E. WITHDRAWAL AND AMENDMENTS OF THE GUEST FROM THE CONTRACT FOR ACCOMMODATION
A withdrawal by the guest from the contract of accommodation requires the prior written consent of the Hotel-Keeper. Without the Hotel-Keeper’s consent, the guest is obligated to pay 100 % of the contractually agreed price for staying overnight when the room is not occupied.
If a date and time for withdrawal from the contract free of charge was agreed between the Hotel-Keeper and/or an Agent and the guest, the guest may withdraw from the contract until that point without any initiating claims by the Hotel-Keeper.
The guest shall also have the right to withdraw from the contract of accommodation free of charge in cases of Force Majeure. ‘Force Majeure’ shall mean an act of God, insurrection or civil disorder, war or military operations, national or local emergency, acts or omissions of Government, acts or omissions of any authority, industrial disputes of any kind, fire, lightning, explosion, subsidence, inclement weather, acts or omissions of persons or bodies for whom the guest affected by the force majeure is not responsible or any other cause whether similar or dissimilar outside the control of the guest.
Amendments to all reservations may be made free of charge till 6 PM Hotel local time on the day prior to arrival. The Hotel-Keeper does not accept any responsibility for lack of availability that may become apparent at time of an amendment. For non-refundable reservations, no amendments are allowed.
In any event the guest shall always inform the Hotel-Keeper in writing.
F. WITHDRAWAL BY THE HOTEL-KEEPER
The Hotel-Keeper has the right to withdraw from the contract of accommodation only in the following cases:
· If the Hotel-Keeper and the guest have agreed in writing beforehand that the Hotel-Keeper has the right to withdraw from the contract of accommodation within a date and time;
· If there has been an act of Force Majeure. ‘Force Majeure’ shall mean an act of God, insurrection or civil disorder, war or military operations, national or local emergency, acts or omissions of Government, acts or omissions of any authority, industrial disputes of any kind, fire, lightning, explosion, subsidence, inclement weather, acts or omissions of persons or bodies for whom the Hotel-Keeper affected by the force majeure is not responsible or any other cause whether similar or dissimilar outside the control of the Hotel-Keeper;
· If the guest has not affected payment, whether pre-payment or not, within the agreed due date and time;
· If the Guest in any manner disturbs the smooth operation of the hotel or causes a nuisance to the other guests or staff.
· If the guest has used misleading or false statements about facts which are material to the accommodation contract and the Hotel-Keeper has justified and grave reason to assume that the use of the Hotel services can put at risk the smooth operation of the business, the security or the public reputation of the Hotel;
· If the purpose or reason of the stay is illegal;
· For any other reason permissible at law as long as the reason is communicated in writing to the guest.
In any event the Hotel-Keeper shall always inform the guest at the first available opportunity.
G. END OF STAY
At the end of the accommodation period or if the guest is evicted for any reason provided in these terms and conditions, the guest shall vacate the room and remove all personal belongings immediately. In default, the Hotel-Keeper shall have the right to secure access and/or remove all belongings of the guest. The Hotel-Keeper shall keep the said belongings of the guest in the Hotel premises or in any other place at the risk and expense of the guest.
H. HOTEL-KEEPER’S LIABILITY
The Hotel-Keeper is liable to carry out its contractual duties with diligence, prudence and want of attention. Strict liability, if permissible by law, is being excluded.
The Hotel-Keeper or any employee or third party under the responsibility of the Hotel-Keeper shall only be liable for any compensation for damages to the guest and not to any third party under the responsibility of the guest or accompanying the guest in the Hotel premises.
Claims for damages by the guest for death, injury to body or health arising through the fault of the Hotel-Keeper or any employee or third party under the responsibility of the Hotel-Keeper are limited to the amount of covered by €500,000, to the extent permissible by law. The guest automatically forfeits any right to claim damages for any other higher amount.
The Hotel-Keeper or any employee or third party under the responsibility of the Hotel-Keeper is only liable to the guest for things brought in accordance to the statutory provisions in Article 1039 of the Civil Code of Malta (Chapter 16 of the Laws of Malta).
Limit of Liability for material loss. The Hotel-Keeper or any employee or third party under the responsibility of the Hotel-Keeper is liable for compensation for loss or damage to the property of the guest without any fault up to the amount of one hundred and seventy-five Euro (€175).
The guest must act with diligence, prudence and want of attention in the custody of his/her property which is brought into the Hotel premises. The guest is obliged to declare to the Hotel-Keeper or the employees any property of cumbersome and/or excessive value.
The guest shall deposit all valuable property in a safe deposit provided by the Hotel-Keeper and the guest accepts that the Hotel-Keeper shall have no control over the said property. 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-Keeper will force the safe deposit box open. All expenses for forcing the safe deposit box open are to be borne by the guest.
The guest must inform the Hotel-Keeper immediately in case of any personal damage or loss and/or damage to his/her property.
In any event, the Hotel-Keeper or any employee or third party under the responsibility of the Hotel-Keeper is not liable towards the guest in case of Force Majeure. ‘Force Majeure’ shall mean an act of God, insurrection or civil disorder, war or military operations, national or local emergency, acts or omissions of Government, acts or omissions of any authority, industrial disputes of any kind, fire, lightning, explosion, subsidence, inclement weather, acts or omissions of persons or bodies for whom the Hotel-Keeper or any employee or third party under the responsibility of the Hotel-Keeper affected by the force majeure is not responsible or any other cause whether similar or dissimilar outside the control of the Hotel-Keeper or any employee or third party under the responsibility of the Hotel-Keeper.
I. AGREEMENT OF OCCUPATION
The accommodation stay in the Hotel is not intended to confer exclusive possession on the guest nor to create the relationship of landlord and tenant between the Hotel-Keeper and the guest. Neither the guest will be entitled to any tenancy, or any assured short hold or assured tenancy, or to any statutory protection under the laws of Malta, now or upon the determination of this agreement.
J. BREAKAGES AND DAMAGES
The guest is directly responsible for all breakages and damages to the Hotel caused by the guest or any third party under his/her responsibility. If there are breakages or damages unnoticed at time of check-out, the Hotel-Keeper will notify the guest by email or any other correspondence within 1 days of the guest leaving, providing a detailed breakdown of the issues and the costs of rectifying them.
All internet services are provided by third party suppliers and the Hotel-Keeper 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.
No pets are allowed in the premises of the Hotel.
The entire Hotel operates a non-smoking policy.
All guests using the facilities and amenities of the gym and the pool of the Hotel premises do so entirely at their own risk. The guest is entirely responsible to determine whether he/she is medically and physically able to use the facilities and amenities of the gym and the pool. The guest accepts that the Hotel-Keeper or any employee (including, but not limited to, a gym instructor or a pool attendant) is being released entirely from any harm, loss or damage to the guest arising from the use of the gym and pool amenities and facilities to the extent permissible by law.
L. PRIVACY AND PERSONAL DATA
All personal data provided to the Hotel-Keeper will be processed for the purposes of providing the accommodation services and in accordance with Chapter 440 of the Laws of Malta and any applicable subsidiary legislation. In using the Hotel’s website, and in providing the Hotel-Keeper with all personal data necessary for making a reservation implies that the guest consents to the processing of such personal data. If the guest data provided relates to third parties who are not the guest, the guest will be solely and exclusively responsible to ensure that the guest has obtained the necessary third party consent to register this personal data.
M. JURISDICTION AND DISPUTE RESOLUTION
These terms and conditions form a binding contract between the Hotel-Keeper and the guest and shall be governed, interpreted and construed in accordance with the laws of Malta. All disputes arising from or in connection with the services offered by the Hotel-Keeper shall enjoy the sole and exclusive jurisdiction of the courts of Malta.