GENERAL TERMS AND CONDITIONS FOR ACCOMMODATION 1.Area of applicability 1. These general terms and conditions apply for all services and deliveries by the property. 2. Should the property change its general terms and conditions before the termination of the contract, the updated version is incorporated into the contract if the partner to the contract is informed about this in writing with reference to these legal consequences and the partner does not object to the incorporation within a period of 14 days. 3. The customer’s general terms and conditions shall only form part of this contract if the property consents in writing to the incorporation in whole or for individually specified points. 2. Conclusion of the contract 1. The contract (hereafter also referred to as the “booking”) comes into effect on request from the customer through the acceptance by the property. The property is free to confirm the booking in writing. 2. If a third party makes the booking for the customer, it is liable to the property as the booking party together with the customer as joint debtor. 3. Services, prices, payment, billing 1. The property is obligated to perform the services ordered by the customer and agreed to by the property. 2. The customer is obligated to pay the property the agreed prices for these and other services enlisted. This also applies for property services and expenses induced by it for third parties. 3. If the property rescinds with good cause, the customer has no claim for compensation. 4. The agreed prices include the current statutory 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. 5. If the period between the conclusion of the contract and the fulfilment of the contract as defined by the contractual agreements exceeds four months and the general price charged for such services is increased by the property, this can increase the contractually agreed price as appropriate, but by 5 % at the most. 6. The property is entitled to increase the prices if municipal duties (culture tax, visitor’s tax, etc.) for the accommodation are increased. The price increase is limited to the costs of the abovementioned duties. 7. The property’s bills are payable immediately upon receipt of the bill without any deduction, unless other payment terms and conditions are expressly agreed. The property is entitled to render accumulated claims for payment at any time and to demand immediate payment. If payment is delayed, the property is entitled to claim interest for delay amounting to 8% above the base rate for companies and 8% above the base rate for consumers. The property is at liberty to prove that the damages are greater. 8. The subleasing and re-leasing of allocated rooms, other rooms, spaces or cabinets as well as inviting to interviews, sales or similar events require the prior written consent of the property.9. The property is entitled to demand upon conclusion of the contract an appropriate advance payment or security deposit in the form of a credit card guarantee or similar from the customer. If an advance payment is not made within the agreed period, the property can withdraw from the contract and claim compensation for damages. 10. In justified cases (e.g. outstanding payment by the customer or extending the scope of the contract) the property is entitled to demand an increase of the advance payment agreed in the contract or an increased security deposit amounting to the expected costs of the accommodation. 11. The property is further entitled to demand an appropriate advance payment or a full payment or a security deposit from the customer at the beginning and during the customer’s stay, provided that such an advance payment or security deposit was not already paid in accordance with the above provisions. 12. The customer can only settle or lower a claim by the property with an undisputed or valid claim. 4. Room availability, delivery and return1. The customer does not acquire any claim for the availability of a particular room, unless the property confirmed the availability of a particular room in writing. 2. Booked rooms are available to the customer from 15:00 on the day of arrival. The customer has no claim for earlier availability. Guests who arrive before 15:00 can move into their room as early as possible, according to availability. 3. The available rooms are to be taken by 18:00 on the day of arrival. After this time the property can book out the rooms to others, unless the customer informed the property in advance and in writing that they would arrive later. The property is entitled to demand a guarantee for late arrivals. 4. On the agreed day of departure, check-out is at 11:00 at the latest. After that time the property can charge 100 % of the agreed price of the room for the additional use of the room up until 18:00, and another 100 % from 18:00. Possible further claims for compensation for damages by the property are reserved. 5. Withdrawal of the customer from the contract for accommodation (cancellation, rescission) 1. Cancellation of the property contract by the customer requires the prior written consent of the property. Without the consent of the property, the customer will be required to pay 100% of the contract price on unused rooms for each night booked, unless they can be booked to other clients. The customer is at liberty to demonstrate that the above claim has not been incurred or not in the amount claimed. The customer can no longer claim the room in a multi-day booking if he does not arrive on the first day of the reservation without prior consultation with the property. In this case, the property is entitled and required to rent the room for the remaining time period, as far as possible.2. If a deadline for withdrawal from the contract free of charge was agreed between the property and the customer, the customer can withdraw from the contract until that point without initiating claims by the property for payment or compensation for damages. The customer’s right to rescind expires if it does not exercise its right to rescind against the property by the agreed deadline. 3. Services performed by third parties or special services (e.g. cakes, flowers, etc.) which become useless as a result of the cancellation are to be paid by the customer in full. 6. Rescission by the property 1. If it has been agreed that the customer can rescind without incurring costs within a defined period, the property is also entitled to withdraw from the contract within this period. 2. If an agreed advance payment or an advance payment claimed on the basis of these general terms and conditions is not paid by the due date, the hotel is also entitled to rescind the contract. Moreover, the property can claim compensation for damages from the customer. 3. The property is entitled to rescind the contract with immediate effect if, for example, - acts of God and other circumstances which the property is not responsible for make the fulfilment of the contract impossible; - bedrooms and other rooms are intentionally booked using misleading or false statements about facts which are material to the contract, e.g. who the customer is or the purpose of the stay; - the hotel has justified reason to assume that the use of property services can put at risk the smooth operation of the business, the security or the public reputation of the property, unless this is attributable to the property’s sphere of responsibility; - the purpose or reason of the stay is illegal; - there is an unauthorised sub-leasing or re-leasing contrary to 3. 7. of these general terms and conditions; - the hotel is closed; - proper accommodation and/or proper facilities for an event are not guaranteed because the hotel is being renovated; - the customer withdraws from a part of the contract in the case of a combined accommodation and event contract. - the customer has submitted an affidavit; - if bankruptcy or settlement proceedings have been instigated in respect of the assets of the customer. 7. Customer’s liability 1. The organiser is liable for all damages to the hotel building and its equipment, which was caused by the organiser, event participants, event visitors, the organiser’s staff or other third parties working in its domain. The hotel can demand appropriate securities (e.g. insurance, deposits, guarantees etc.) from the organiser to protect against exposure to liability. 8. Defects, customer’s obligation to cooperate1. Should defects in the deliveries or services by the hotel arise or services are disrupted, the customer is to inform the hotel about this immediately after it is identified so that the hotel is able to remedy the fault as quickly as possible or provide the delivery or service as understood under the contract. If this is not possible because of the nature of the defect/disruption or other compelling reasons, notification of defects must in each case be made to the hotel on return of the rooms at the latest. The customer is obligated to keep damages arising to it as low as possible. 9. Property’s liability 1. The property is liable to carry out its contractual duties with the diligence of a prudent businessperson. Claims by the customer for compensation for damages are excluded. Excluded from this are damages arising from death, injury to body or health. Damages due to the intentional or grossly negligent breach of duty by the property are also not included in the exclusion of liability. The exclusion of liability also does not include damages arising from the breach of material contractual duties. Material contractual duties are those which are actually required to be fulfilled before the contract can be properly carried out and the customer may place constant trust in their fulfilment. 2. A breach of duty by the property has the same consequences for legal representatives or assistants. 3. If the customer is provided with a place to put the things in the hotel garage or in a hotel parking place, no contract for safekeeping is created. 4. Claims by the customer against the hotel prescribe after a year from knowledge of the facts which found this claim. Claims for compensation for damages prescribe after 5 years whether or not knowledge of them is received. This shortening of the statutory periods of prescription does not apply in the case of culpable death, injury to body or in the case of liability under the product liability law. 10. Final provisions 1. Alterations and additions to the contract for accommodation and events are required to be in writing to be effective. Waiving the requirement of writing is also required to be in writing. 2. The place of fulfilment and payment is the registered office of the property. 3. The place where the property has its registered office is the exclusive jurisdiction for commercial issues. 4. The law of the Republic of Malta applies exclusively. The UN Convention on Contracts for the International Sale of Goods and provisions on conflict of laws does not apply. 5. Any claims are to be carried out by courts of law of Malta.5. Should individual provisions of the accommodation or event contract or individual provisions of these general terms and conditions for property accommodation and for holding events be or become ineffective, the effectiveness of the remaining provisions will remain unaffected by this. Moreover, the statutory provisions apply.