TERMS & CONDITIONS

Whether you are a property owner, property manager or agent (an “Owner” or sometimes referred to as “you”) registering properties on this website, or a person otherwise using this website (a “Traveller” or sometimes referred to as “you” and, together with an “Owner”, the “Users”), by using, browsing or accessing/visiting www.maltaholidaylets.com.mt (the “Site”), you acknowledge that you have read, understood, agree to and are subject to, and expressly consent to be bound by, the following terms and conditions (the “Terms”), and the Privacy Policyas these may be amended from time to time. If you do not fully agree to these Terms or the Privacy Policy, you are not authorised to access or otherwise use the Site and you should refrain from doing so. You should read through all the Terms carefully before using the Site. The Terms constitute a legally binding agreement between you (the “Users”) and Frank Salt Real Estate Limited (“us, “we” or “our”) and accordingly your right to use or access the Site and any of the facilities or services provided thereby, is conditional upon your acceptance and compliance of the Terms. You are not authorised to use or access the Site unless you are able to enter into legally binding agreements.

The Site is owned, operated and provided by Frank Salt Real Estate Limited, which is a limited liability company incorporated under and registered at the Maltese Registry of Companies, bearing company registration number C 31667, and having its registered address situated at 2, Paceville Avenue, St. Julian’s, Malta, and is provided for your use subject to the Terms set out below.

1.1 USE OF THE SITE

We grant you a limited, revocable, non-exclusive license to use this Site and the content and services provided therein, in accordance with the terms of this agreement. You may only use this Site to make legitimate reservations and shall not use this Site for any other purposes, including but not limited, to make any speculative or fraudulent reservations or reservations in anticipation of demand. You agree that you will not use any device or software to interfere, or attempt to interfere, with the proper functioning of this Site. Any use of the Site that is not in accordance with these Terms or as otherwise authorised by us in writing is expressly prohibited.

1.2. UNAUTHORISED USE OF THE SITE AND UNAUTHORISED BEHAVIOUR

The license to use the Site granted to users in these Terms does not include any right of collection, aggregation, copying, scraping, duplication, display or derivative use of the Site nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engines” do not include a website or search engine or other service that provides classified listings or property rental adverts, or any subset of the same or which is in the business of providing vacation property rental services or other services that compete with us.

Unauthorized uses of the Site also include, without limitation, those listed below. You agree not to do any of the following, unless otherwise previously authorized by us in writing:

• to make any commercial use of the Site or any content on the Site, including, without limitation, the re-selling of services made available through it;
• to make any use of the Site or the tools and services on the Site for the purpose of booking or soliciting a rental for a property other than a property listed under a valid subscription;
• to copy, reproduce, upload, post, display, republish, distribute, or transmit any part of the content in any form whatsoever;
• to reproduce any portion of the Site on your website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site;
• to modify, translate into any language or computer language, or create derivative works from, any content or any part of the Site;
• to reverse engineer any part of the Site;
• to sell, offer for sale, transfer, or license any portion of the Site in any form to any third parties;
• to use any robot, spider, scraper, other automatic device, or manual process to monitor, copy, or keep a database copy of the content or any portion of the Site;
• to use the Site and its inquiry functionality other than to advertise and/or research holiday rentals, to make legitimate inquiries to any Owner or any other use expressly authorized on the Site;
• to use the Site or post or transmit information that is in any way false, fraudulent, or misleading, including making any reservation or inquiry under false pretenses, or taking any action that may be considered phishing or that would give rise to criminal or civil liability;
• to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material;
• to violate, plagiarise or infringe the rights of us or third parties including, without limitation, copyright, trademark, patent, trade secrets, rights of publicity or privacy or any other intellectual or proprietary rights; or
• to use or access the Site in any way that, in our sole discretion, adversely affects or could adversely affect the performance or function of the Site or any other system used by us or the Site.

If you are aware of or experience any content, activity or communication through or in connection with the Site that appears to be in violation of the above restrictions, or in violation of any other provision of these Terms, we ask that you please inform us of any such violation by sending an email to info@maltaholidaylets.com.mt.

You are also specifically prohibited from making subsequent bookings directly with a User of this Site who has previously made a booking through this Site or to otherwise act in a way that, in bad faith, or without the required good faith, seeks to circumvent this prohibition, and any such behavior shall be deemed to be a breach of these Terms and we shall have the right to terminate your subscription with us, if applicable, or otherwise to charge you an unabateable fixed penalty equivalent to the fee that would otherwise have been payable to us, and this by way of liquidated damages. By agreeing to these Terms you expressly waive any right that you may have to any abatement in terms of article 1122(1)(b) of the Civil Code (Chapter 16 of the Laws of Malta) or under any other provision or law.

2.1 SCOPE OF OUR SERVICE – the site is a platform and we are not a party to any Rental Agreement

We urge all Users to be responsible about their use of this Site and any transaction entered into as a result of either registering a property or renting a property. We do not own, nor can we contract for, any rental property registered on this Site (unless specifically indicated otherwise on the Site). Instead, this Site provides an online platform through which Owner/s can advertise their property for bookings in a variety of pricing formats to potential renters, and whereby Travellers can make their bookings. We act as a booking agent only in respect of all bookings we make on your behalf as a Traveller and are not involved in any other transaction between Owners and Travellers, even though we may, from time to time, provide tools that relate to a booking, such as a tool to enable a Traveller to enter into a transaction to lease a specific property directly from an Ownr. We will not be a party to any rental agreement and you acknowledge and agree that any rental agreement that an Owner may request will be entered into directly between a Traveller and an Owner and will be your respective responsibility. Although we shall make every reasonable effort to remind you of any payments that may be due to an Owner under any rental agreement via the email address that you would have provided to the Site during the registration process or as later updated in your account (if applicable), by agreeing to these Terms you expressly acknowledge and agree that it is solely your obligation to honour the payment and other terms of any applicable lease agreement, and to do so in a timely manner. Any deposits paid will also be forfeited in full if payment terms are not rigorously met, and this without prejudice to any other remedies available at law to the persons entitled to them.

Whilst our representatives personally inspect rental properties at the time of registration thereof and make every effort to ensure that any information that is uploaded on the Site at the time of registration of the rental property is accurate at the time of registration, we do not otherwise own the rental properties (unless otherwise indicated), or inspect them regularly or otherwise provide content for any of the properties advertised on the Site and have no involvement in the booking process or the transaction, other than by providing the platform (by means of the Site) for this to happen, and we have no duty to pre-screen or approve content posted on the Site by Owners or other Users (including, without limitation, any property or guestbook review), which Owners could be the owner of the property or property manager or duly authorised property manager or agent of the owner.

The Owners are accordingly fully responsible for the correctness or accuracy of the information which is displayed on our Site from time to time (including the content of any property or guestbook review) and for updating all rates, availability and other such information available on our Site and ensuring that the information remains correct and accurate even after registration of the property. We therefore cannot guarantee that all the information is accurate, complete or correct, nor can we be held responsible for any errors, interruptions (due to whatever cause), inaccurate, misleading or untrue information or non-delivery of information. Accordingly we specifically disclaim any and all liability arising from the alleged accuracy of the listings, property reviews, guest book entries, or any alleged breaches of contract on a member's part. Owners are solely responsible for keeping their property information up-to-date on the Site, including, but not limited to any and all representations about any property, its amenities, location, price, and its availability for a specific date or range of dates. We do not represent or warrant that any of the content, property reviews, guest book entries, property location, suitability, pricing or availability information published on the Site is accurate or up-to-date even in the case where prospective Travellers have searched for specific special offers, dates, or types of properties. Owners are solely responsible for ensuring the accuracy of any property descriptions, and Travellers are solely responsible for verifying the accuracy of such descriptions.

You acknowledge and agree that any part of an actual or potential transaction between a Traveller and an Owner, including, without limitation, the quality, safety or legalities of the properties advertised, any licenses affecting the property, or the lack thereof, the ability of Owners to rent a property or the ability of Travellers to pay for the rental of the property, are solely the responsibility of the respective User. Accordingly, we undertake no responsibility for and are not liable for misrepresentations, breaches of contract or negligence of any of the Owners. This means that in the event of you suffering personal injury, illness or death as a result of any act or omission of an Owner or you having a complaint about the quality of the services provided or having any other complaint at all, your sole right of redress will be against the Owner and we will be under no liability at all. We are also not responsible for the condition of the properties listed on our Site or of the services they purport to offer, or the compliance with laws, rules or regulations that may be applicable to any rental property.

Finally, while we do require Owners to advertise properties truthfully, fairly and accurately, and we take certain reasonable measures with a goal towards assisting Users in avoiding potential fraudulent or illegal activity of which we become aware, and to remove advertisements from the Site (or request corrections) following any complaint from a Traveller or another Owner, we assume no liability or obligation to take any such measures or actions. In the event that we do provide warnings or messages to Users about any such activity, or take any other action, we do not warrant that such messages are accurate or that such messages will reach any or all Users they should have reached in a timely manner or at all or that such messages or measures or actions will prevent any harm, result or action. Without prejudice to the above we may remove user-contributed content if it is brought to our attention by other Users in accordance with section 2.2 below. Finally we also reserve the right, but do not assume the obligation, to edit user-contributed content in a non-substantive manner solely to cause the content to comply withour formatting requirements or similar requirements.

You accept that we have not in any way selected or assembled your travel arrangements for you. Your accommodation arrangements are not a package and do not fall within the meaning of the Malta Travel and Tourism Services Act (Chapter 409 of the Laws of Malta), the Package Travel, Package Holidays and Package Tours Regulations (Subsidiary Legislation 409.01) or any laws or regulations substituting or amending the same. We simply provide you with a platform for you to make your accommodation booking and nothing else.

2.2 REPORTING INAPPROPRIATE CONTENT

If you consider any of the content on this Site (including, but not limited to, any videos, photographs, descriptions, any guestbook/visitor reviews or any other material) to be offensive, discriminatory, defamatory or libellous, in breach of any intellectual property rights, in breach of these Terms or otherwise inappropriate (“Prohibited Content”) please notify us of such content by sending us details of the content you consider to be inappropriate and a detailed explanation why.

Upon receipt of notification of any Prohibited Content, we will review such content and shall decide whether to remove such content from the Site.

Please send details of any Prohibited Content to us:

By email to: info@maltaholidaylets.com.mt

By post to: 201, Tower Road, Sliema, Malta

Please note that you may be liable for damage (including costs and legal fees and expenses) if you make a false claim.

2.3 PROHIBITION OF SPAM AND LIMITATION ON COMMUNICATIONS AND USE OF INFORMATION

You agree that we have granted you a restricted license to use any other Users' personal information that you obtain through the Site or through any Site-related communication or transaction only for:

1. Site-related communications that are not unsolicited commercial messages;
2. using services offered through the Site;
3. facilitating a financial or other transaction between you and the other User (such as an on-line booking or charging a personal credit card); and
4. any other purpose that a User expressly agrees to after you tell them the purpose you would like to use it for.

In all cases, you must give such other Users an opportunity to remove themselves from your address book or database and a chance to review what information you have collected about them, and, in respect of such data, to comply with all applicable laws and regulations including, without limitation, applicable data protection laws and regulations, and you also agree that you will protect other users’ personal information with the same degree of care that you protect your own confidential information (using, at minimum, a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorised transfer of such information. In addition, under no circumstances, except as defined in this provision, may you disclose personal information about another User to any third party without both our consent and the consent of the other user. You agree that other Users may use your personal information to communicate with you in accordance with this provision.

We do not tolerate spam or unsolicited commercial electronic communications of any kind. Therefore, without limiting the foregoing, you are not licensed to add a Site User, even a User who has rented a vacation property from you or to you, to your mailing list (email or physical mail) without the User's express consent and also without our express consent.

You may not use any tool or service on the Site to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these Terms. You are responsible for all content you provide to the Site or through any tool or service provided on the Site.

3.1 LIMITATION OF LIABILITY

Without prejudice to the other relevant provisions of these Terms, although we will do our best to prevent intentional misuse of our Site and the dissemination of harmful programs via our Site, we will not be liable for any loss or damage caused by an intentional misuse of our Site or the distribution of viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site.

Without prejudice to the above, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies or agents shall be responsible for any damages of whatever nature (including indirect and consequential damages) and degree that you may suffer as a result of any act or omission, whether intentional or as a result of negligence of any User (its employees, directors, officers, agents, representatives or affiliated companies), including any (partial or full) cancellation, overbooking, strike, force majeure or any other event beyond our control with respect to the property.

Any contract for the rental of any property listed on our Site is directly between an Owner and a Traveller and we are not a party to that contract. In recognition of this, you acknowledge that any claim you may have that is in any way connected with a dispute you have with an Owner found on our Site must be brought directly against that Owner and not against us.

You accept that in no event will we, the Site, our subsidiaries, affiliates, officers, directors and/or employees (collectively, the "Malta Holidaylets Group") be liable for any lost profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from (a) our Site, (b) these Terms, (c) any breach of these Terms by us, you or a third party, (d) use of the Site, tools or services we provide related to the business we operate on the Site by you or any third party and/or (e) any actual or attempted communication or transaction between Users, in each case, even if we have been advised of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from (1) breach of contract, (2) breach of warranty, (3) strict liability, (4) tort, (5) negligence, or (6) any other cause of action, to the maximum extent such exclusion and limitations are not prohibited by applicable law.

If you are dissatisfied with the Site, you do not agree with any part of the Terms, then your sole and exclusive remedy against us is to discontinue using the Site. Nothing in these Terms shall exclude or restrict our liability for death or personal injury resulting from our gross negligence, nor for our fraud or willful misconduct.

3.2 DISCLAIMER/WARRANTY

We warrant that the Site will be provided with reasonable care and skill with the intention of meeting our technical specifications for the Site, but we cannot and do not guarantee that the Site or any of its content or functions will meet your requirements. Except as expressly stated elsewhere in these Terms, all representations, warranties, conditions and other terms relating to the Site or any of its content, whether express or implied (by law, statute, collaterally or otherwise) are hereby excluded, except in the case of our gross negligence, fraud or willful misconduct, or where such exclusion is not permitted by law. Terms excluded include any as to non-infringement, merchantability, fitness for a particular purpose or accuracy. We do not warrant that the functions contained in the Site or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it available is free of viruses or other harmful components, although we will take reasonable steps to avoid ourselves introducing viruses or other harmful components to the Site.

You acknowledge and agree that, except as stated elsewhere in these Terms (in particular in relation to credit card details) any transmission to and from this Site is not confidential and your communications may be read or intercepted by others. You further acknowledge and agree that by submitting communications to us and by posting information on the Site, including property listings, no confidential, fiduciary, contractually implied or other relationship is created between you and us other than pursuant to these Terms.

Without prejudice to the other provisions of these Terms, you acknowledge and agree that you will not hold or seek to hold us responsible for the information provided by any User and you further acknowledge and agree that we are not a party to any rental transaction. We have no control over, and do not guarantee the safety of, any transaction, rental property or the truth or accuracy of any listing or other content provided on the Site.

3.4 RELEASE; INDEMNIFICATION.

In the event that you have a dispute with one or more other Users of the Site (including, without limitation, any dispute between Users regarding any transaction or user-contributed content), you hereby agree to release and discharge us and any member of the Malta Holidaylets Group, each of their respective agents, directors, officers, employees, and all other related persons or entities from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liablities, obligations, legal fees, costs, and disbursements of any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with such dispute.

You hereby agree to indemnify us and any member of the Malta Holidaylets Group (collectively, the "Indemnified Parties") against all liability incurred by the Indemnified Parties in connection with any claim arising out any breach by you or through your account of these Terms or the representations, warranties and covenants made by you in these Terms, including, without limitation, attorneys' fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim.If notwithstanding anything contained in these Terms, we are found liable for any loss or damage which arises out of the use of this Site, our liability shall in no event exceed the greater of:

1. the service charge or other proportionate fee for the service rendered to the inured party by this Site and as a result of which the damage arose; or
2. €100 (one hundred Euro).

4. MATERIAL ON OUR SITE

The Site and all content on the Site are protected by copyright as a collective work and/or compilation or database, pursuant to applicable Maltese, European and international copyright laws and conventions and database rights. All copyright, database rights, trademarks and design rights used in our Site and in the material published on it belong to us and/or the Owners, as the case may be. You agree to abide by all and any copyright notices, information or restrictions contained in or relating to any content on the Site.

You may download material from our Site for the sole purpose of using our Site, but you must not copy, transmit, modify, republish, save, pass off or link to any content or material on our Site without our prior written consent.

You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right resulting from your use of this Site.

5. YOUR SAFETY

You should always give careful consideration to the nature of advertisements and transactions effected over the internet, and the inherent risks involved.

6. LINKS TO THIRD PARTY SITES

This Site contains links and pointers to other internet web sites, resources and sponsors of the Site which are owned and operated by third parties. These links are provided only as a convenience to you, and are not endorsed by us. We are not responsible in any way for such third party websites or resources or the content of any other website linked to by this Site and accept no responsibility for them or for any loss or damage that may arise from your use of them. We make no warranty regarding other websites or resources and their content.

7. TERMINATION

We may terminate this agreement, these Terms and the provision of any services at any time for any reason, including any improper use of this Site or your failure to comply with these Terms, without prior notice. Such termination shall not affect any right to relief to which we and our third party providers may be entitled at law. Upon termination of this agreement and these Terms, all rights granted to you will terminate.

8. CHANGE TO THESE TERMS/SITE CONTENT

We may, at our sole discretion, and without your consent, modify, revise, change or discontinue the content of the Site and/or these Terms, in whole or in part, at any time, including the availability of any Site features, database or content (hereinafter referred to generally as a “Modification”), and such Modification shall be effective immediately upon posting of the modified content and/or Terms on the Site or by publishing notices elsewhere on the Site, and your continued use of or access to this Site will be deemed to indicate your acceptance of the modified content and/or Terms. We may also impose limits on certain features or services or restrict your access to parts or all of the Site without notice or liability.

This version of the Terms became effective on the 1st May, 2012. Notification of any amendment will be posted on the Site and will be effective immediately. If you disagree with any non-clerical and/or substantive amendment to these Terms, then (i) your sole remedy as a Traveller is to immediately discontinue your use of the Site, and (ii) your sole remedy as an Owner is to immediately notify us that you are withholding your consent to the applicability of the proposed amendment to your use of the Site, in which case your use of the Site will continue to be governed by the Terms that were applicable to your use of the Site during the then current term of your subscription as the same were in effect immediately prior to the proposed amendment. In all cases you agree that you are responsible for keeping a copy of such Terms. When Owners renew subscriptions, the Terms in effect at the time of renewal will govern unless and until any other revisions are made as described above.

Owner fees in effect at the time of an Owner’s subscription are subject to change without notice at the Owner’s next subscription renewal or with respect to any additional subscription.

You acknowledge that we do not separately keep or file, electronically or otherwise, the Terms entered into by each User of the Site and you accept to make a copy of these Terms for your records by printing a copy thereof.

9. ONLINE BOOKINGS - TRAVELLERS

When you book accommodation through this Site as a Traveller, you are agreeing to the applicable Terms, including terms related to cancellation of online bookings.

When booking online through the Site as a Traveller, you will pay a deposit of 25% (twenty five percent) of the total rent due for the period booked, subject to a minimum fee of €35 (thirty five euro). You will need to pay the full balance at least 8 (eight) weeks prior to your arrival. If you do not pay the full balance on time, you will lose the deposit and the reservation will be dropped.

If you however book accommodation last minute, the full amount must be paid at one go upon booking.

Upon arrival, you will meet the Owner or his representative in order to show you the property. Once you will have had a proper and thorough look at the property, both the Owner and you will sign an agreement whereby you accept the description of the property and its contents (the “Acceptance Form”) as well as, if requested by the Owner, a rental agreement to cover your rental of the property (the “Rental Agreement”). Should the owner or his representative not be available to meet you upon arrival, unless you notify us in writing within 24 hours of your arrival, it shall be presumed that you are accepting the description of the property and its contents and waiving the right to make any claims against the owner that the property was incorrectly advertised.

We reserve the right to charge you the cost of rectifying any damage caused to (or loss incurred in respect of) the property or its contents by any deliberate, negligent or reckless act of yours or of any guest or for any outstanding payments due (without prejudice to the Owner’s right to terminate the lease agreement and to any other rights at law). Should this damage (or outstanding payment) come to light after your departure from the property, we reserve the right to make a charge, without prior notice, to your credit/debit card, or send an invoice for the amount to your registered address. We will provide you with a full breakdown of such charges which may include an administrative fee to recover the cost. If such costs of damages, thefts and/or losses are unable to be recovered fully from the credit card and/or debit card registered with the Site, we reserve the right to institute the necessary legal proceedings against you without prior notice in order to recover any balance.

(I) Booking Process, Payment Procedure and Cancellation Policy

Once a property is selected for booking, twenty-five percent (25%) of the cost of the complete stay shall be blocked against the Traveller’s credit card submitted to the Site. This amount shall represent the deposit. The Site’s booking calendar will be marked as ‘on hold’.

Within forty-eight (48) hours, the Traveller shall receive confirmation of the booking and funds shall be charged against the provided credit card. The booking calendar will then be updated and marked as ‘booked’.

If this booking cannot be confirmed, the charge on the credit card shall be released.

Once a booking is confirmed, the Traveller shall be given a booking reference number which must be quoted in all future correspondence related to the booking and also when making any future payments relating to the booking. This is very important as it enables us to relate any payments or correspondence received to the specific booking and will ensure the proper and timely handling of your booking. The Traveller shall also be sent all information necessary to complete the booking process.

The balance of the total booking cost less the deposit paid (i.e. the remaining 75%) has to be received within a maximum of eight (8) weeks prior to the commencement date of the booking. This must be paid by bank transfer to the bank account provided. The booking reference number must be quoted when making the bank transfer.

Twelve (12) weeks prior to the commencement date of the booking, the Traveller shall be reminded by email to make the necessary payment via bank transfer in order to complete the booking. These reminders shall be repeated every following week until the funds are received.

If the funds are not received within eight (8) weeks prior to the commencement date of the booking, the booking shall be cancelled without further warning.

If a booking is requested less than eight (8) weeks before the commencement date of the booking, the Traveller shall be requested to pay the full cost of the stay in order to confirm the booking. This amount would have to be paid by bank transfer. The property shall be put on hold for a week. Should the funds not arrive within the week, then the booking shall be dropped.

Once all funds are received, a confirmation receipt shall be sent to the Traveller as well as full details of the property and the Owner or his/her representative. Similarly, the Owner shall be sent full details of the Traveller.

Subject to what is stated below with regard to penalties payable on cancellation of bookings, as a Traveller you may modify your booking (provided it relates to the same property) or cancel your booking, at any time prior to your arrival date through the Site by notifying the web site administrator of their intentions. However, if you cancel your booking there may be a cancellation charge as detailed below.

Be warned that if payments are not received within the stipulated time frames, the booking shall automatically be deemed to have been cancelled by the Traveller. Similarly, if, for whatever reason, you do not turn up at the accommodation on the arrival date stated on your booking confirmation email, without prior warning to www.maltaholidaylets.com.mt, (“a no show”), this shall be considered to be a complete cancellation.

In the case of all cancellations, the Traveller shall suffer a penalty as follows:

• Should the Traveller cancel more than eight (8) weeks prior to the commencement date of the booking, the Traveller will lose 100% of the deposit paid (subject to a minimum of 35 Euro);
• Should the Traveller cancel less than eight (8) weeks prior to the commencement date of the booking, the Traveller will lose the full deposit as well as any further balance that would have been paid towards the booking (even if this is 100% of the amount that would have been due for the entire booking);

Should the Traveller wish to shift dates, assuming that suitable alternative dates are available from the same Owner, and the Owner consents to the changes, then no amount will be forfeited by the Traveller.

Should the Owner cancel the booking other than for a reason which is permitted under these Terms, we shall endeavour to give you as much notice as reasonably possible and shall strive to provide an alternative accommodation, if possible, failing which you shall be given a full refund.

It is advisable to take out a suitable travel insurance policy before making any booking or other travel arrangements as this can be useful in the event of cancellations.Every effort shall be made to make the booking and cancellation policies clear to Travellers during the booking process.

10. PRIVACY

We use high ethical standards and respect your privacy. Save for disclosures required by law and the disclosure of your name, email address, other relevant contact details, travel details and your credit card details via the payment gateway for completing your booking, we will not disclose your personal information to third parties without your consent. Our affiliated companies and our trusted agents and representatives may be given access to this information by us to perform our service (including customer services and internal audit/compliance investigation) to, and for the benefit of, you.

We use log files to track internet protocol (IP) addresses, browner type, referring/exit pages, computer operating system, keywords entered at search engines that brought Users to the Site and frequency of pages viewed on the Site. This information is used to gather broad demographic information, track trends, better manage the Site and make decisions on improving and expanding the Site. Information is analysed in aggregate. IP addresses are not linked to personally identifiable information.

We periodically send out e-mails with new services and special offers at the Site. Users are given the option to opt-out of these emails. Users can also voluntarily subscribe to any newsletter that we may issue from time to time. We ask for contact information (e-mail and name and any other information deemed necessary), which information is used only for the distribution of the e-mail newsletter and updates.

We are not responsible for the privacy practices and policies of other sites to which this Site may be linked or which may have a link in this Site. These provisions and the Privacy Policy apply solely to information gathered in this Site,

Occasionally this Site requests information from Users via surveys. Participation in these surveys or contests is completely voluntary. Survey information is used for purposes of monitoring or improving the use and satisfaction of this Site. Users’ personally identifiable information is not shared with third parties. We may use an intermediary to conduct these surveys, although they are not authorized to use Users’ personally identifiable information for any secondary purposes.

(I) Referrals to this Site

If a User elects to use any referral service on this Site for informing a friend about this Site, we ask them for the friend’s name, surname and email address. We will automatically send the friend a one-time email inviting them to visit the Site,

(II) Correcting/Updating/Deleting/Deactivating Personal Information

If a User’s personally identifiable information changes (such as phone, email or postal address), or if a User no longer desires the Service offered through this Site, he may contact us by phone or email.

(III) Security

We are very concerned about safeguarding your information. We employ administrative, physical and electronic measures in terms of applicable law, designed to protect your information from unauthorized access. We will make any legally required disclosures of any breach of the security, confidentiality or integrity of your unencrypted electronically stored personal data to you via email or conspicuous posting in the most expedient time possible and without unreasonable delay, insofar as consistent with: (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

(IV) Disclosures

We reserve the right to disclose any information as permitted by prevailing law to satisfy any law, regulation or government request if we determine, at our sole discretion, that we are required to respond to, or if it would be in our interests to, respond to such request.

For additional privacy policies, please see below.

11. PAYMENT OF OUTSTANDING AMOUNTS AND CANCELLATION OF BOOKINGS BY THE SITE

We reserve the right, and by agreeing to these Terms you expressly authorise us, to deduct any sums owing by you from any deposit or other sums paid by you or to charge the credit card on file with us with the cancellation and other fees and charges as outlined above and elsewhere in these Terms. Furthermore, by accepting these Terms you are expressly accepting that cancellation is on the express condition that you shall furthermore indemnify us against all losses, costs, damages, claims or actions arising from such cancellation.

We reserve the right to cancel a booking at any time, upon notice to the Traveller if:

1. the Traveller is in breach of any of these Terms and Conditions including, without limitation, any term relating to payment; or
2. the Traveller has had bankruptcy proceedings presented against it, has become bankrupt, insolvent or has entered into an arrangement with its creditors;
3. cancellation is reasonably necessary due to the occurrence of a force majeure event.

If the Traveller intends to use the booking as a competition prize, this must be disclosed to us at the time of booking. Should permission be refused we reserve the right to cancel the booking.

12. COTS (UK)/CRIBS (US) AND OTHER EXTRAS - TRAVELLERS

Please advise at the time of booking if you require a cot or crib, in order to give this information to the Owner. However, we cannot guarantee this request will be met. Such request will be subject to availability and if the accommodation is unable to meet any such request, neither www.maltaholidaylets.com.mt nor the Owner will have any liability towards you in this respect. This request may only be available at an additional cost unless otherwise expressly stated in the description of the accommodation, and if any additional cost is applicable this should be paid by you direct to the Owner. Similarly, other supplements such as air conditioning, damage deposit or other guarantee will be indicated on the Site but will be payable by the Traveller directly to the Owner.

13. MISCELLANEOUS

(I) Law and Jurisdiction

(a) These Terms and the provision of our services shall be governed by and construed in accordance with Maltese law and any dispute arising out of these Terms shall exclusively be submitted to arbitration in Malta for decision bv a single arbitrator to be appointed by mutual agreement between the parties or, failing an agreement within fifteen (15) days, in accordance with the rules set out in the Malta Arbitration Act (Chapter 387 of the Laws of Malta). You agree to comply with all applicable laws and regulations concerning your use of the Site. Each and every booking carried out on, or as a result of use of, the Site is deemed to be completed within Malta and shall therefore be governed by and interpreted in accordance with the laws of Malta.

(II)Severability

(b) If any provision of these Terms is or becomes invalid, unenforceable or non-binding, you shall remain bound by all the other provisions hereof which shall remain in full force and effect. In such event, the invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these Terms.

(III) No Partnership, joint venture or agency

(c) We act as independent contractors and nothing in these Terms or in your accessing, browsing or otherwise using the Site creates, or is intended to create or establish, any partnership, joint venture or agency between us.

(IV)Notices

(d) Any notices that you wish to send us should be emailed to: info@maltaholidaylets.com.mt. When we need to send you a notice, it will be sent to the email address you provide to the Site during the registration process or as later updated in your account (if applicable). Notice shall be deemed given upon receipt or 24 hours after an email is sent, which is the earlier, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by registered or recorded delivery mail to any address provided to us during the registration process or as later updated in your account (if applicable). In such case, notice shall be deemed given three (3) days after the date of mailing..

(V) Enforcement of These Terms

(e) We may immediately terminate any User's access to or use of the Site due to such User's breach of these Terms or any other unauthorised use of the Site. However, we do not guarantee that we will take action against users that breach these Terms. Our failure to take immediate action with respect to a breach by you or others does not waive our right to act with respect to such breach or any other breach. Any action or inaction by us in response to any breach of these Terms does not limit our rights with respect to actions we may take in response to any other similar or different type of breach.

(VI)Headings

(f) Headings in these Terms are for reference only and do not limit the scope or extent of such section.