TERMS AND CONDITIONS OF USE

 

Definitions

 

We/Us/Our/FI means Farrugia Investments Limited (C 25921) of 21 Frederick Street, Valletta, Malta.

 

You/Your/Yourself means the User of the website and/or any recipient of Our Services.

 

Preamble

 

These Terms and Conditions relate to Your use of the information provided by FI on the website appearing on the domain name www.21frederickstreet.com  (“the Site”) including any request of Yours relating in any manner whatsoever to our Services (as defined below).

 

FI offers and carries out hospitality services at 21 Frederick Street, Valletta and/or at any other location as may be communicated by Us via the Site (the ‘Premises’). These Terms and Conditions are intended to regulate Our offering of hospitality services to You and any ensuing contractual relationship which may arise by means of Your acceptance of these Terms and Conditions (as defined hereunder), which services include but are not limited to the offering of accommodation and bedding to eligible entities seeking to book such services at the Premises (the ‘Services’).

 

By clicking ‘I Accept’ below, You hereby confirm Your agreement to these Terms and Conditions which Terms and Conditions shall be read in conjunction with Our Privacy Policy, Our Cookie Policy and Our Copyright Notice.

 

We have the right to revise and amend these Terms and Conditions from time to time to reflect changes in market conditions affecting Our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in Our system’s capabilities or for any other reason in Our sole discretion which We may decide and this, to the fullest extent permitted by law. Without prejudice to any notice/information that may be directly communicated to You, Your continued access to or use of the Site constitutes Your acceptance of any such change and/or amendment.

 

You will be subject to the policies and Terms and Conditions in force at the time that You book Our Services, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case such change will apply to You regardless of when You placed a booking via Our Site).

 

  1. Disclaimer

 

1.1       FI is providing the Site on an “as is” basis and makes no representations or warranties of any kind with respect to the Site or its contents and disclaims all such representations and warranties.  In addition, FI makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published on the Site. The information contained on the Site may contain technical inaccuracies or typographical errors and may, to the fullest extent permitted by law, furthermore be changed from time to time without notice, at FI’s sole discretion. All liability of FI howsoever arising for any such inaccuracies or typographical errors, including but not limited to any liability arising in respect of any loss or damage suffered by any person arising out of or in connection with the Site, is expressly excluded to the fullest extent permitted by law.

 

1.2       Except to the extent that loss or damage is caused directly by FI’s gross negligence or willful misconduct and subject to the following paragraphs, FI and/or its employees expressly disclaim any and all liability whatsoever in respect of anything and in respect of the consequences of anything done or omitted to be done wholly or partly in reliance upon the whole or any part of the contents of the Site.  In particular, and without limiting the generality of the foregoing, FI will not be liable for the delay in performing or failure to perform its obligations hereunder if the delay or failure results from events or circumstances beyond its control.

 

1.3       FI shall not be liable for any losses resulting from third party services outside its reasonable control whether such services are used by You to access the Site or used by FI in order to comply with Your instructions.

 

1.4       FI shall not be liable to You for any losses resulting from Your accessing third party websites, whether or not You access such websites through the Site.

 

1.5       Please note that the Site must be changed from time to time to comply with necessary laws and regulations or to provide the necessary maintenance or upgrades to the Site. In such cases, We reserve the right to modify, suspend or discontinue, temporarily or permanently, the use of the Site, with or without notice.  You agree that FI shall not be liable to You or to any third party for any such modification, suspension or discontinuance of the use of the Site. All legally required information will be provided to You in the appropriate manner.

 

1.6       This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

 

  1. Payments and Acceptance of Booking

 

2.1       Your Request: Your request to use and/or receive our Services consisting primarily in the booking of a room(s) at the Premises via the Site or from ancillary or affiliated websites connected to the Site, constitutes a request to book any such room(s) at the price and with the specifications displayed on the Site at that particular time (the ‘Request’). It remains, in any case, understood that, since the images included on the Site are provided for information purposes only and may not be representative of all the specifications of the room, colours and sizes may differ on account of the differences in screens and systems used by customers for accessing the Site (for more information see ‘Disclaimer’ Section).

 

2.2       After sending Us Your Request, a message acknowledging that We have received Your Request will be displayed. The message will contain the Terms and Conditions as accepted by You prior to sending Us Your Request and any other required information that was provided or made available to You prior to such Request being made (e.g. the specifications of the room, the price, terms of payment etc.) to enable You to double check such information and, if necessary, immediately report incorrect data, if any. This acknowledgement does not constitute a contract of services, but merely an indication that Your Request has been received by Us and is being processed.

 

2.3       Payment: All bookings are subject to availability and acceptance by Us. Payment in full at the price listed and agreed on the checkout page, which price includes Value Added Tax (“VAT”) is required at the time of booking unless otherwise agreed. You understand that Your Request shall only be deemed acceptable to Us once We have received Your payment for the listed price. If payment does not reach us before the required time, we reserve the right to suspend or cancel any booking made. Any late payments will result in interest being charged at 4% above European Central Bank base rate for the period concerned.

 

2.4       In the event that municipal duties (such as tourist tax etc.) increase, the price indicated on the checkout page shall increase accordingly. We will notify as you as soon as possible should the price increase accordingly.

Current rate is €0.50c x Person x Number of Nights with a maximum charge of €5.00 per continuous stay.

 

2.5       Security Deposits: A Security Deposit may also be requested by Us in order to cover Additional Charges (as described in Section 12), including breakages, damages, extra cleaning and further accommodation charges incurred during your stay, and you will be advised whether this is payable.

 

2.6       Valid credit/debit card details must be supplied at the time of booking and/or upon arrival at the premises to cover any potential Additional Charges (see Clause 2.5 above and Section 12 below). These charges will be deducted from any Security Deposit held or from a debit/credit card supplied and any balance on the Security Deposit will be refunded. A written statement of the Additional Charges will be sent to You. In the event that payment under a debit/credit card is declined, or no card details are provided, we reserve the right to invoice You for these charges.

 

2.7       The agreement executed (entirely by way of electronic communications) between You and FI shall be deemed binding upon acceptance by Us of Your Request. Our acceptance or rejection of Your Request shall be communicated to You via a message sent electronically.

 

2.8       By sending Us Your Request in accordance with the envisaged modalities (as described in this section ‘Payments and Acceptance of Booking’), and with the booking page made available on the Site, or on any affiliate websites, You declare that You have read and understood all of the indications given during the booking procedure, and that You accept, in full, these Terms and Conditions, which terms and conditions shall constitute a binding agreement between Yourself and FI.

 

  1. Terminations and Cancellations

 

3.1       Without prejudice to the provisions of this Section 3, given that our Services involve the provision of accommodation other than for residential purposes where the contract provides for a specific date or period of performance, You do not have a right of withdrawal in terms of the Consumer Rights Regulations (Legal Notice 439 of 2013) and, or Directive 2011/83/EU of the European Parliament and of the Council of the 25 October 2011 on consumer rights amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council.

 

3.2       Should You desire to cancel Your Request, You should contact us as soon as possible. Cancellations shall only be evaluated if these are communicated in writing and duly received by Us.

 

Refunds of the Payment shall be returned to You in accordance with the following conditions (unless agreed otherwise):

3.2.1.   For a full refund of a nightly rate, cancellation must be made at least 14 days prior to local check in time on the day of check in.    

3.2.2.   For a 50% refund of a nightly rate, cancellation must be made at least 7 days prior to local check in time on the day of check in.

3.2.3.   If a guest cancels less than 7 days in advance or decides to leave early after check-in, the nights not spent are not refunded.

 

For the avoidance of doubt, should You cancel at any time later than the above allotted cancellation notice periods then You will not be entitled to any refund whatsoever. The calculation of the above notice periods shall not be affected by early departure, postponed arrival or reduction of the minimum night’s stay.

 

3.4       Should You (or none of the members of Your party) fail to arrive on the first day of Your stay without prior consultation with Us, We are entitled to allocate Your room to other clients for the remaining period of Your Request. In such case Your booking will be deemed cancelled and no refund of the Security Deposit will be issued.

 

3.5       Should You infringe any of the clauses contained in these Terms and Conditions, both prior to Your booking as well as during Your stay, We reserve the right to cancel Your booking without compensation (including forfeiture of both the booking fee as well as the Security Deposit) in accordance with this Section.

 

  • Indemnity & Hold Harmless

 

4.1       You agree to indemnify, defend and hold harmless FI, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, Your breach of these terms and conditions, Your infringement of any intellectual property rights or any other right of any person or entity, any defamatory statements made by You in any form (and on any medium, including social media) as well as any illicit acts or omissions on Your part and/or on the party of any individual(s) under Your care or responsibility.

 

4.2       We shall, moreover, not be liable for any damage, loss or injury to any member of Your party, to any vehicles or possession or to any third party which occurs in the Premises, except for such damage, loss or injury which occurs through Our willful acts or omissions and/or Our gross negligence.

 

  • Written Communications

 

5.1       When using this Site, you accept that communication with Us will be mainly electronic, and that relevant information will be posted on our Site. Where applicable laws require that some of the information or communications We send to You should be in writing, We will contact You by e-mail.  You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that We provide to You electronically comply with any legal requirement that such communications be in writing.  This condition does not affect Your statutory rights.

 

  • Events Outside Our Control

 

6.1       We will not be liable or responsible for any failure to perform, or delay in performance of, any service which is exclusively provided by the Site and which is caused by events outside Our reasonable control (“Force Majeure Event”).

 

6.2       A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Our reasonable control and includes in particular (without limitation) the following:

 

6.2.1. Strikes, lockouts or other industrial action;

6.2.2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

6.2.3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

6.2.4. The acts, decrees, legislation, regulations or restrictions of any government.

 

  • Severability

 

7.1       If any of these Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

 

  • Confidentiality and Data Protection

 

8.1       We undertake to process Your personal data in line with the provisions of the EU General Data Protection Regulation (the ‘GDPR’), the Maltese Data Protection Act (Chapter 586 of the Laws of Malta) including any applicable subsidiary legislation as may, from time to time, be amended. For more information on how We process Your personal data please read Our Privacy Policy and Our Cookie Policy.

 

  • Governing Law and Jurisdiction

 

9.1       The Courts of Malta shall have exclusive jurisdiction over all claims or disputes arising out of, or in relation to, or in connection with the Site and these Terms and Conditions. The Parties hereby irrevocably submit to the jurisdiction of the Courts of Malta.

 

9.2       The provisions of Clause 9.1 do not apply if you qualify as a consumer domiciled in a European Union Member State.  In such cases, jurisdiction shall be determined in accordance with the provisions of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, or any other legislative measure which may replace the said Regulation from time to time.

 

9.3       The provisions of Clause 9.1 do not apply if you qualify as a consumer domiciled in a State which is a member of the European Free Trade Association.  In such cases, jurisdiction shall be determined in accordance with the provisions of the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters done at Lugano on 16 September 1988, or any other legislative measure which may replace the said Convention from time to time.

 

9.4       If you qualify as a consumer, You may be entitled to have access to alternative dispute resolution procedures with regard to disputes that You may have with Us.

 

9.5       Please also note that the European Commission manages an Online Dispute Resolution website http://ec.europa.eu/odr/ dedicated to helping consumers and traders resolve their disputes out-of-court, including cross-border disputes.

 

9.6       These Terms and Conditions shall be governed and construed in accordance with Maltese law, and by accessing the Site, You accept Maltese law as the law governing the use of the Site, saving, where applicable, the provisions of Article 6(2) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) and the 1980 Rome Convention on the law applicable to contractual obligations (the Rome Convention), or any other legislative measure which may replace the said Regulation and Convention from time to time.

 

  • Your Accommodation

 

10.1     All apartments/rooms of the premises are occupied as serviced rooms/apartments and are only to be used as temporary or holiday accommodation for you, or your organisation. They are not for use as the principal, additional home or residence of guests; you will not be entitled to a tenancy. No relationship of landlord and tenant is created, and no statutory security of tenure exists now or when the period of occupation ends. If you or any member of your party fails to vacate at the end of the period you will be charged the appropriate charges for the continued period of occupation.

 

10.2     Each room in the Premises is only equipped for the specified number of guests as listed on the Site, which is determined by the number of beds in the apartment. You hereby commit to the number of persons specified in Your Request.

No persons other than the guests have the right to use the room/apartment. If the maximum number of guests is exceeded then we may refuse access to the accommodation and/or reserve the right to charge for additional rooms/apartments.

 

10.3     Arrival and Departure: The specific arrival and departure policy should be requested at the time of booking and will be stated on the confirmation. Arrival or late departure may be subject to an Additional Charge (See Clause 2.5 and Section 12).

 

  • General Conditions of Stay

 

11.1     Supplies: FI shall supply all bed and bathroom linen. However the Services do not include catering. You are requested to supply all provisions and consumables.

 

11.2     Cleaning: Your apartment will be cleaned weekly if your stay is longer than 7 nights. Weekly housekeeping includes linen/towel change and general cleaning.

 

11.3     Maintenance: Routine maintenance is carried out regularly by our Management Team; however, occasionally we may need access to your apartment to carry out essential maintenance. We will normally give you 24 hours notice, except in the event of an emergency during which we would require immediate access.

 

11.4     Security: Please keep Your personal property secure at all times. Each apartment is equipped with a safe for your use. Guests will be provided with a key/an access card to access the property and the apartment. Additional sets can be provided on request. It is your responsibility to ensure that you are in possession of these at all times and that they are returned at the end of your stay. An additional charge will be made for replacements and if we are required to provide access due to lost or forgotten keys. FI shall not accept any responsibility for the loss, theft or damage to any of Your personal property left on the Premises or anywhere else.

 

11.5     Health and Safety: We take the health and safety of all our guests seriously. On arrival you should familiarize yourself with the layout of the apartment and building and the health and safety procedures as detailed in your apartment.

 

11.6     Interruption to services: We will make every effort to ensure that guests enjoy a peaceful stay, however, we cannot guarantee or be held responsible for any failure or interruption of services to the apartment or the building, including electricity, air conditioning, water or any damage to telephone, broadband/ internet and other communications, including disruption or noise caused as a result of repair works being carried out in another part of the property or adjacent thereto. Where we are made aware of such failure or interruption we will endeavour to rectify such services within a reasonable period of time.

 

11.7     Unless expressly agreed, failure to comply with and/or any infringement of any of the below general conditions shall constitute valid grounds to terminate Your booking in accordance with Section 3, resulting in cancellation of Your booking without compensation and/or may result in the payment of Additional Charges (see Clause 2.5 and Section 12)

 

11.8     Damages: Without prejudice to Section 4 above, You are responsible for any loss damage that You (and/or any members of Your Party under Your care or responsibility) cause(s) to the Premises or its contents during Your stay. Guests are required to keep the apartment, furniture, fittings and effects in the same condition as on arrival. Inventories and condition reports can be provided at the start and end of the stay, if required, at an additional cost. You are required to notify us of any damage, loss or broken items or matters requiring general maintenance. Any damage to the apartment will be charged in full. In the event that these are discovered after departure we will notify You or the booker within 7 days of departure with full details and where possible photographic evidence.

 

11.9     Nuisance: The Premises are located in a residential area. Guests are required to behave in a responsible manner, respect the apartment and their fellow guests and keep noise to a minimum between the hours of 10pm and 7am. This includes causing any sort of nuisance or disruption to fellow guests or using threatening or abusive behaviour towards a member of staff on the phone, in writing or in person. Guests are not permitted to use the apartment for any illegal or immoral purposes. An Additional Charge will be made if the Management Team is called out in response to a nuisance complaint. Appropriate clothing should be worn in common areas.

 

11.10   Age Restrictions: In order to ensure our guests enjoy a stay free from disturbance, non-corporate bookings may not be accepted from any paying guests under the age of 18. We require that there is at least one person aged 18 or over staying at the apartments for each booking. Proof of identification and date of birth may be requested on arrival and if not presented on request, we reserve the right to cancel the booking.

 

11.11   Visitors: Guests are responsible for their visitors. Non-residents will not be allowed access to the apartments after 11pm and we operate a strict no party policy.

 

11.12   Cleanliness: We expect the apartments to be left in a reasonable state of cleanliness and order on departure. An Additional Charge will be made for extra cleaning or specialist cleaning to return the apartment to a fit state for occupation. Additional Charges may include compensation for loss of revenue in addition to cleaning and repairs.

 

11.13   Each room in the Premises is only equipped for the specified number of guests as listed on the Site. You hereby commit to the number of persons specified in Your Request.

 

11.14   Smoking: Smoking is only permitted in the courtyard

 

  • Additional Charges

 

12.1     As a guide, additional charges may apply over and above the Payment, whenever listed in these terms and conditions and including, but not limited to the following:

 

  • Costs relating to breakages, loss or damage to the apartment or any of its contents
  • Cleaning, specialist treatment charges where more than routine cleaning is required: €200
  • Inventory and condition reports: €50
  • Lost keys or access cards: €20

 

12.2     VAT and local taxes are payable on all Additional Charges and where the level of the Additional Charges is not specified in these conditions, we will charge you the actual cost together with any administration costs.

 

  • Contact and Complaints

 

13.1     In the unlikely event that you are dissatisfied with any aspect of your accommodation please notify FI directly as soon as possible in the first instance. If you do not give them the opportunity to resolve a problem during your stay, this may affect the final outcome of any complaint received.

13.2     Questions, comments or requests regarding these Terms and Conditions or Our Services should be addressed to: bookings@21frederickstreet.com or by phoning us on +356 2124 1610 (during normal office hours).