General Terms & Conditions For Hotel Accommodation
I. Scope of Application
- These Terms and Conditions govern the contractual relationship between Guest/Client and the Hotel with regards to the use of hotel rooms/apartments for lodging purposes, as well as all other goods and services rendered by the Hotel.
II. Definitions & Interpretation
- The following words and expressions, where used in these Terms and Conditions, shall have the meanings given to them below:
a) Terms and Conditions (‘T&Cs’) means this document;
b) Booking means any reservation made by Guest/Client with the Hotel;
c) Booking confirmation means any confirmation of a booking received by the Hotel in written form stating the chosen room type, travel dates and rate of the room/apartment;
c) Client means the person who has the legal capacity to enter into a contract of accommodation with the Hotel and who arranges the accommodation at the Hotel. Client shall also mean any person making a booking on behalf of any group they represent whether that is, without limitation, a tour operator or agency, a government agency, company, club, society or a group of individuals with no formal affiliation. Client may be the same person as the Guest;
d) Contract means the contractual relationship between Guest/Client as governed by the booking confirmation and the T&Cs. For the avoidance of doubt the booking confirmation shall take precedence over the T&Cs;
e) Group Booking means a single booking for at least ten (10) rooms reserved together for the same booking period, whether payment for the booking is to be made in one payment or each booked Guest intends to pay separately;
f) Guest means the person who resides in the Room/Apartment with the Client and may be the same person as the Client.
g) Hotel means Grands Suites Hotel Residences & Spa, located in Victory Street, GZR 1321 Gzira, Malta;
h) Room/Apartment means rooms and/or apartments which are being provided for overnight stays to Guest by the Hotel;
III. Conclusion of Contract, Bookings & Hotel Rules
- Non-group bookings may only be made electronically via the online and mobile channels of the Hotel or through third parties/intermediaries (e.g. online booking portals). Bookings by phone, e-mail or other non-automated booking methods might be used for group booking requests or extended stays of more than 90 days or are subject to the prior consent of the Hotel. 2.Following any booking made as per the foregoing
- Article, if the Room/Apartment is available, Guests will receive a booking confirmation from the Hotel. The contact is established as soon as the Guest receives the booking confirmation from the Hotel. For the avoidance of doubt, the contractual relationship between the Guest/Client and the Hotel shall consist of both the booking confirmation and these T&Cs. In the event of any conflict between the booking confirmation and these T&Cs, the provisions of the booking confirmation will prevail.
- The receipt of such confirmation without objection shall be tantamount to the Guest/Client’s understanding and agreement to the contract.
- The contract shall be binding for both Parties. If a third party placed the order on behalf of Guest, then that Party shall be liable vis-à-vis the hotel for all obligations arising from the contract as joint and several debtors together with the Guest, insofar as it is evident that the booking was done by the third party on behalf of the Guest.
- Guest agrees to observe whatsoever house rules the Hotel adopts or that the Hotel may adopt following the booking confirmation, recognizing that these are essential to maintain health and safety, the Hotel’s reputation and the normal operation of the Hotel by the management.
- Guests under eighteen (18) years must be accompanied by an adult. Children under the age of twelve (12) must be supervised by a grown-up Guest at all times during the hotel stay.
- Guest does not acquire the right to have certain rooms provided unless this was expressly agreed in writing in the booking confirmation.
- Guest/Client is prohibited from sub-contracting, reselling, sub-letting and/or pass on booked rooms to third parties.
IV. Group Bookings
- Any Client making a Group booking on behalf of an organisation, shall warrant that he/she has the appropriate authority to accept these terms and bind the organisation. Where there is no formal affiliation, Client will be jointly and severally liable along with the Guest for the booking.
- It is the duty of the Client making the booking to ensure that these T&Cs are brought to the attention of all staying Guests.
- Upon, a Group Booking request made as per Clause III (1), the Hotel shall request all information necessary from the Client in order to be able to establish an appropriate price offer. Such information may include, without limitation, the timing and length of the intended stay, the addition of food and beverage and other services, the number and standard of Suites, and the number of Guests. The price offered to each Group Booking is entirely at the Hotel’s discretion. Each Group Booking requires a separate approval process.
- Any deposit requested as per Clause V (5) may be used either as a down payment towards the final bill or else as a bond towards any unanticipated costs which the Hotel may incur associated with the booking that is to be charged on top of the price indicated in the booking form.
- All items which are not included in the price offer as indicated on the booking form and which are added during the stay at the Hotel, such as additional Guests, meals, incidentals and tour bookings, will be charged at the rate applicable at the time of the stay and will be dependent upon availability and added at the Hotel’s discretion.
- The Hotel is not obliged to change the price offer due to changes in prices advertised on the Hotel’s website or on the website of a third party.
- Client cannot assign a Group Booking to another person or organisation without the Hotel’s prior written consent.
- Client must give final notification of the required number and standard of rooms, number of guests, services, and the time and length of the booking in writing more by not later than thirty (30) days from arrival date. It is the Client’s responsibility to ensure that the Hotel receives the final notification and in the absence of any communication within the required timeframe, the Hotel will assume that there are no changes to the booking as indicated on the booking form.
- In the event that the Group Booking is made with less than thirty (30) days’ notice, Client will be liable for the whole of the booking upon the first confirmation and payment of deposit.
- The Hotel shall be provided with a list of the full names of all staying Guests and room configuration requirements in writing more than fourteen (14) days prior to your arrival date.
- If Client books any meals for Guests or a group meal, the Hotel requires notice of the catering and dietary requirements for these services in writing more than seven (7) days prior to the arrival date.
- In the event that Client books a meal as part of the Group Booking and Guests arrive after the time of the dining reservation, Hotel may not be able to accommodate such dining reservation and Client may still be charged.
- If, on arrival at the Hotel, it becomes apparent that not enough Rooms/Apartments are available for the Guests supposed to stay at the Hotel and for whom the Group Booking has been confirmed in the booking form, the Hotel shall have the right to accommodate part or all of the Guests in another Hotel of the same grade.
V. Fees and payment
- Prices stated on the Hotel website and mobile channels are displayed as per day and time of the inquiry. The Hotel reserves the right to amend prices at any time, only the confirmed price linked to a confirmed booking is binding.
- The Hotel reserves the right to increase any agreed upon/ advertised rates if any increases are imposed by action of the Government or any Government Agency after the date of the contract.
- In the case that the Guest/Client requests an amendment to the booking confirmation, however the acceptance or otherwise of such amendments is entirely at the Hotel’s discretion and should the Hotel accept such changes, the Hotel reserves the right to charge a different price than that originally agreed to on the booking confirmation.
- For a booking to be valid, at the time of booking, the Guest must either provide details of a valid credit card or indicate an alternative method of payment on the booking channel of the Hotel. The Hotel has the right to check the validity of such information and to carry out a pre-authorization of the credit card or alternative payment method indicated. Until such pre-authorization is completed, a temporary hold is put on the funds of the credit card or alternative payment method. The full cost of accommodation plus any additional services booked will then be charged to the credit card or alternative payment indicated no later than the date of arrival.
- For group bookings or extended stays of more than 90 days, the Hotel is entitled to demand a deposit or similar pre-payment from the Guest/Client. If such deposit or pre-payment is not made within the agreed period, the Hotel can withdraw from the contract without providing any other reason.
- The Hotel is entitled to charge to the credit card or alternative payment method indicated also any outstanding amount(s) owed by the Guest to the Hotel.
- In the event of a non-refundable prepaid individual booking, the full amount due for the stay will be charged at the time of booking to the credit card indicated by the Guest/Client or the alternative method of payment chosen. Prepaid bookings may not be cancelled, rebooked or reimbursed. If it is not possible to charge the amount to a credit card, the Hotel reserves the right to cancel the contract, whereby the guest loses the right of use of the room.
- For individual flexible rate bookings, the full amount of the stay will be pre-authorized on the credit card method indicated by the Guest/Client or the alternative method of payment, as from two (2) days prior to the date of arrival. Flexible rate bookings can be cancelled or rebooked at no charge up to two (2) days prior the date of arrival. In the case of cancellation or rebooking made less than two (2) days prior the date of arrival or in case of no show, the full amount of the first night of the stay will be charged to the Guest/Client. No later than the date of arrival, the full cost of accommodation plus any additional services booked will be charged to the credit card. If it is not possible to charge the amount to a credit card, the Hotel reserves the right to cancel the contract, whereby the Guest loses the right of use of the room.
- For extended stays longer than ninety (90) days, the monthly payment has to occur by latest the first (1st) day of the new month of stay. The same preferential long-stay discount applies.
- If any payment due by the Guest/Client to the Hotel is delayed without any reason by the Guest/Client, the Hotel is entitled to claim interest for mere delay at the highest rates allowed by law but not less than 8 % per annum computed daily.
VI. Means of payment
- Valid means of payment for stays at the Hotel are MasterCard, Visa Card, as well as other alternative payment methods as indicated by the Hotel. On site, valid payment methods include MasterCard and Visa Card. Cheques are not accepted.
VII. Taxes, fees and duties
- The applicable prices correspond to the total price and are inclusive of all statutory taxes, fees and duties except the Tourist/Eco tax which will be charged on site at the hotel. In the event of any changes to the tax rates, fees and duties and the effective collection of new taxes, fees or duties of which the Parties were not previously aware, the Hotel reserves the right to adjust the prices accordingly.
VIII. Register of Guests
- Pursuant to the Malta Travel and Tourism Services Act Chapter 409 of the Laws of Malta, guests are obliged to provide their personal information, as well as any additional relevant information, in advance, via the electronic online registration data / check-in portal of the Hotel.
IX. Reserved Rooms
- Unless otherwise agreed to between the Guest/Client and the Hotel in writing, reserved rooms are at the Guest’s disposal from 3.00 pm on the date of arrival until 11.00 am on the date of departure. Guest shall to no extent be entitled to demand the room booked to be made available earlier. If the Room/ Apartment is not vacated by 11.00 am, the Hotel shall be entitled to charge 50% of the fee if the Room/Apartment is not vacated/delivered up until 6.00 pm and the charge of 100% of the fee if the Room is not vacated/delivered up after 6.00 pm. This is without prejudice to further claims for damages by the Hotel. If the Hotel is required to accommodate other guests in a different Room/Apartment or make other allocation arrangements due to the Guest vacating the room late, the Guest must pay all costs incurred in this connection. This shall not create any contractual claims for the Guest/Client.
- Any demand for any alterations to check-in and check-out times will be considered by the Hotel on a purely discretional case-by-case basis and the Guest/Client will have no claim against the Hotel in this respect.
- On the date of departure, Guests are required to return their rooms/apartments to the Hotel by 11.00 am, tidy and without any damage. If Guests fail to return their room on the date of departure by 11.00 am in a tidy condition, this will lead to an obligation to pay the Hotel as way of pre-liquidated damages a lump sum fee equal to the full price of one night for the hotel room. Furthermore, should Guests return their room later or in an untidy condition, the Hotel reserves the right to have the room tidied up by its personnel and to keep in the Hotel any objects belonging to the guest and which are left in the Hotel. For any such objects kept, the Hotel declines any liability.
X. Use of common areas
- During their stay, Guests also have access to designated common areas, such as the lobby bar, the roof top restaurant, the roof top bar and pool, the spa area with indoor pool, sauna, steam bath and fitness room without any extra costs.
- Notwithstanding the foregoing clause, the Hotel reserves the right to close the public areas on a short notice without warning.
- In case of non-availability of any public area, the Guest is not entitled to a full nor partial reimbursement of payment for accommodation services.
XI. Cancellation by Guest/Client
- Cancellation of the contract can only be carried out by mutual agreement to that effect in writing between the Guest/Client and the Hotel. If Guest/Client decides to cancel the contract unilaterally without the written consent of the Hotel, then the agreed price must be paid by the Guest/Client even if the Guest/Client does not avail himself/ herself of the contractual services.
- To the extent the Hotel and Guest/Client agreed in writing a date for a cost-free cancellation of the contract, the Guest/Client may cancel the contract up to that date without incurring payment or damage compensation claims by the Hotel. The Guest/Client’s right of cancellation shall expire if she/he does not exercise his/her cancellation right in writing by the agreed date.
- The Hotel reserves the right to grant the use of the reserved rooms to another party after expiration or cancellation of the contract.
- Without prejudice to the foregoing provisions, the booking of flexible rate bookings, marked as such in the description or conditions, can be cancelled or rebooked at no charge up to two (2) days before the date of arrival. As soon as the Guest receives his/her room key card at the reception, the booking can no longer be cancelled or rebooked, regardless of the regulations given below. In the case of cancellations or re-bookings made less than two (2) days before the date of arrival, the cost of the first night of the stay will be charged to the Guest/Client. If the current room rates of the Hotel for the new dates are higher than those of the original dates, the Guest/Client is to pay the difference in rates. If there is no room available for the desired alternative dates, re-booking is not possible.
- Without prejudice to the foregoing provisions, if Client cancels a Group Booking more than thirty (30) days prior to arrival date, Client will lose the deposit but will not have to pay for the booking. If Client cancels a Group Booking on or within thirty (30) days of the Guests’ arrival date, Client shall be charged in full for the entire booking, including accommodation, food and beverage and any other booked services. Any decision to waive or reduce any of those charges will be at the Hotel’s sole discretion. Any amendment by the Client to the Group Booking on or within thirty (30) days of the arrival date with the effect that there is a partial cancellation or postponement, Client will still be liable to pay the booking in full, including any cancelled portion. If a partial cancellation results in less than ten (10) rooms booked together, the Hotel may decide to charge the rooms at the advertised rate at the time of the stay.
XII. Cancellation by Hotel
- Insofar as it was agreed in writing that the Guest/Client can cancel the contract confirmation at no cost within a certain time period, the Hotel is entitled to cancel the contract during this time period.
- If an agreed advance payment or security deposit demanded pursuant to Clause V (5) is not paid, then the Hotel is entitled to cancel the contract.
- The Hotel is entitled to effect extraordinary cancellation of the contract without incurring liability, for a materially justifiable cause including but not limited to the following:
i. in the case of force majeure and any other reason that is beyond the control of the Hotel and which makes it impossible to perform wholly or substantially its obligations to the Client;
ii. Room/ Apartment is reserved with misleading or false information;
iii. he purpose or the cause of the stay is illegal;
iv. where a reasonable suspicion arises that the stay may publicly compromise the Hotel’s reputation, with the reasons for this being beyond the control of the Hotel or beyond the scope of its powers of organization;
v. where the Client shall have committed a breach of any of his/her obligations in terms of the contract;
vi. where the Client is guilty of any wilful misconduct, fraud or dishonesty in the exercise of its rights, or the performance of its obligations under these T&Cs;
vii. where either Party becomes bankrupt or insolvent or enters into liquidation proceedings;
viii. in the event of a failure to comply with Clause III (8);
ix. in any other case, in accordance to law.
4. For avoidance of doubt, the Guest/Client cannot derive any damage compensation rights from justified cancellation by the Hotel.
XIII. Liability of the Guest
- Guests must treat all Hotel premises with care. Guest/Client is directly liable for all breakages and any damages to the Rooms/Apartment or any other part of the Hotel caused by them or by any third parties who may accompany Guest/Client, and for consequential any other damage.
- The use of electrical devices brought along by Guests, such as kettles, irons or hair dryers is not permitted due to fire protections measures. Should costs arise, such as a fire alarm or damage to the interior, through use of such mentioned items the Client/Guest is fully liable for costs that arise. In addition, the Client/Guest shall be liable to a penalty of 150 EUR, which penalty shall be considered as pre-liquidated damages and which penalty cannot be mitigated/reduced by any adjudicating authority.
XIV. Liability of the Hotel
- The Hotel is liable for any damages it causes arising from injury to life, body and health. The Hotel is furthermore liable for any other damage arising from intentional or grossly negligent breach of duty by the Hotel, and for any damages caused by intentional or grossly negligent breach of its contractual obligations. A breach of duty on the part of the legal representatives, employees or vicarious agents of the Hotel is considered equal to a breach of duty on the part of the Hotel itself. Unless otherwise provided for in the contract, any further claims or damages are excluded. Should the services provided by the Hotel be disrupted or missing, the Hotel will strive to better the situation as soon as it becomes known or is reported by the Guest. Guests are obliged to do their utmost to help remedy the disruption and keep any damages to a minimum. Guests are also obliged to inform the Hotel in good time about the possible occurrence of exceptionally high damage.
The Hotel or any representative/ employee or third party under the responsibility of the Hotel is only liable to the Guest for things brought in accordance to the statutory provisions in Article 1039 of the Civil Code (Chapter 16 of the Laws of Malta). Guest must act with diligence, prudence and want of attention in the custody of his/her property which is brought into the Hotel. The Guest is obliged to declare to the Hotel or any of its representatives/employees any property of cumbersome and/or excessive value. 2The Guest shall deposit all valuable property in a safe deposit provided by the Hotel and the Guest accepts that the Hotel 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 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 immediately in case of any personal damage or loss and/or damage to his/her property. In any event, the Hotel or any representative/employee or third party under the responsibility of the Hotel is not liable towards the Guest in case of Force Majeure.
XV. Food and drinks
- In the common areas, it is prohibited to consume food and drinks which have been brought in by the Guest from outside the Hotel.
- Food and drinks from the breakfast buffet can only be consumed in the dedicated common area for this.
- Any food prepared by the Guest in the room’s kitchen facility has to be stored properly and prepared in a respectful manner not to cause any damage or/and any odours to permeate throughout the Hotel.
XVI. Smoking in the Hotel
- The Hotel is an entirely non-smoking hotel. Smoking is only allowed on the Room/Apartment balcony and other designated areas outside the Hotel. For avoidance of doubt, it is prohibited to smoke either in the common areas or the Guest rooms.
- In the event of an infringement of this clause, the Hotel has the right to demand an amount of 150 EUR per closed room unit (e.g. a 2-bedroom apartment = 3 room units) from the Guest/Client by way of pre-liquidated damages for the additional cleaning charges, and this without prejudice to any additional claim for any loss in turnover due to the room being unavailable. Such amount may be higher, if the Hotel proves that a higher amount of damages has been sustained by the Hotel.
- Pets are not allowed in the hotel.
XVIII. Domiciliary right
- The Hotel reserves the right to unilaterally expulse Guests from the Hotel. This applies in particular, if Guests do not observe instructions given by Hotel representatives/employees, express themselves in a discriminating manner, harass or endanger other guests or representatives/employees.
- Should a Guest be expulsed, he/she shall have no right to continue enjoying the services provided by the Hotel as per the contract and shall have no right to demand any refund of any monies paid to the Hotel nor to bring any claim against the Hotel for said expulsion.
- The Hotel reserves the right to demand full payment for the entirety of the booking as per the contract that may still be due. For the avoidance of doubt, neither the expulsed Guest nor the Client cannot claim a reduction in price relative to the non-fulfilled portion of the contract.
- Without prejudice to clause X and clause XI, the contract shall automatically be terminated upon check-out of the Guest from the Hotel. The following clauses, clause II, X, XI, XII, XIII, XX and XXI shall survive the termination/cancellation of this contract.
- All internet services are provided by third party suppliers and the Hotel cannot be held responsible for any inconsistencies of service. The use of internet is to be limited to reasonable use thereof. The Guest agrees to abide by the laws of Malta, and/or any other international legal conventions insofar as the viewing, downloading, uploading, sharing or use of any content on the internet is concerned.
- All Guests using the facilities and amenities of the gym, sauna, steam room 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 wellness area. The Guest accepts that the Hotel or any of its representatives and/or employees are being released entirely from any liability, harm, loss or damage to the guest arising from the use of the gym, sauna, steam room and pool amenities and facilities to the extent permissible by law.
XX. Health and Safety
- In line with the Health and Safety at Work Act, the Hotel, has appointed a Health and Safety Representative to ensure the health and safety of employees and Hotel Guests. Nevertheless, Guest still has a duty to comply and to maintain Guest’s own personal health and safety and that of other guests and the Hotel’s guests and employees.
XXI. General Data Protection Regulation (GDPR)
- All personal data provided to the Hotel will be processed purely for the purposes of providing the accommodation services to Guest/Client and its Guests, and will be processed in full accordance with Chapter 440 of the Laws of Malta (Data Protection Act, 2001), and subsidiary legislation arising thereunder. In providing the Hotel with all or any personal data necessary for making a booking, the tacitly Guest/Client consents to the processing of personal data by the Hotel. In the event that the data provided relates to third parties who are not the Client, Client shall be solely and exclusively responsible to ensure that he/she has obtained the necessary third-party consent to register this personal data with the Hotel. The Hotel does not disclose personal data to third parties other than as permitted by Client or by law. Guest/Client may also contact the Hotel’s Data Protection Officer, Mr. Andrew Spiteri, at email@example.com.
XXII. Final provisions
- The contract contains all agreements between the Parties relating to its subject matter. No additional verbal agreements have been made. Any modifications or amendments must be made in writing. Any statements and notifications necessary, pursuant to the contract must be made in writing, unless expressly agreed otherwise.
- Any complaints by the Guest in relation to their stay and the services provided by the Hotel in connection therewith are to be presented in writing to the Hotel, together with all supporting documentation including but not limited to images and witness statements, by no later than fourteen (14) days from termination of the contract, for consideration by the Hotel. Any complaints presented after this time will not be considered and it is hereby acknowledged and agreed that the Hotel cannot be held legally or financially liable for the subject matter of such complaints should these be presented to the Hotel following the lapse of the aforementioned period. No verbal representations are recognized by the Hotel, save in any discussions held between the Parties following presentation of the written complaint within the aforementioned period.
- The Hotel is entitled to assign any rights or claims arising from the contract to third parties. The Hotel is entitled to have obligations arising from and in connection with the contract fulfilled by third parties.
- No Party shall use any other Party’s confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with the contract.
- The waiver by any Party of a breach of any of the provisions of the contract by the other Party shall not be deemed as a waiver of any breach of other provisions of the contract or of a subsequent breach of the same or other provisions of the contract and the failure to exercise or delay in exercising a right or remedy under the contract or at law by any Party shall not constitute a waiver of any breach of any provision of the contract by the other Party.
- Failure to exercise or delay in exercising a right or remedy under the contract or at law shall not constitute a waiver of the right or remedy or a waiver of any other right or remedy (whether under the contract or at law) and no single or partial exercise of any right or remedy under the contract or at law shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy (whether under the contract or at law).
- No right or remedy herein conferred upon or reserved to any Party is exclusive of any other right or remedy herein or by law provided or permitted, but each shall be cumulative of every other right or remedy given hereunder or now or hereafter existing at law, and may be enforced concurrently therewith or from time to time.
- The invalidity or unenforceability of any provision or clause of the contract, shall in no way affect or impair the validity or enforceability of any other provisions or clauses hereof. In such event, the Hotel shall have the right to substitute said clause in such a manner that it would fulfil fully, or as closely as possible, the purpose of the invalid clause.
- The contract shall be construed in accordance with the laws of the Republic of Malta and the Maltese Courts shall have exclusive jurisdiction to adjudicate on any matter that may arise between the Parties.