Terms & Conditions
Terms & Conditions
Last updated on 17th July 2023.
“We”/”Us”/”Our” means (“HM” or “We” or “Us” or “Our”), an agency established under the Cultural Heritage Act (Cap 445 of the Laws of Malta) having its registered address at Heritage Malta Head Office, Ex Royal Naval Hospital, Marine Street, Kalkara KKR 1524, Malta, with VAT Registration Number 1791 6318 and/or any of its subsidiaries and/or affiliates involved in providing the Services.
“You”/”Your”/”Yourself”/”User” means the User of the Website and/or customer of the Services.
“Goods” means the sale of any goods on the Website or at any one of Our Sites.
“Hypogeum” means the Ħal Saflieni Hypogeum located at Burial Street, Paola PLA 1116.
“Services” means any services offered by Heritage Malta on its Website as well as any other services offered by Heritage Malta at the Sites or elsewhere, which services include but are not limited to the sale of Tickets and/or Goods on such Website and/or at the Sites or elsewhere.
“Sites” means the venues, establishments and/or any other location(s) where We will provide the Services, including the Hypogeum. For the sake of clarity, the Sites include but are not limited to:
- Fort St Elmo and the National War Museum
- Fortress Builders Interpretation Centre
- National Museum of Archaeology, Valletta
- Inquisitors’ Palace
- Malta Maritime Museum
- Fort St Angelo
- Ħal Saflieni Hypogeum
- Ħal Tarxien Prehistoric Complex
- Għar Dalam
- Borġ in-Nadur Prehistoric Complex
- Ħaġar Qim and Mnajdra Archaeological Park
- National Museum of National History
- Domus Romana
- St Paul’s Catacombs
- Ta’ Bistra Catacombs
- Ta’ Ħaġrat Megalithic Site
- Skorba Prehistoric Site
- Gran Castello Prehistoric House
- Gozo Nature Museum
- Old Prison
- Gozo Museum of Archaeology
- Ġgantija Archaeological Park
- Ta’ Kola Windmill
Closed sites – Visits are by appointment only:
- Our Lady of the Pillar Church
- Underground Valletta
- Main Guard
- Villa Frere
- Villa Guardamangia
- Kordin III Megalithic Site
- Tas-Silġ Archaeological Complex
- Ta’ Mintna Catacombs
- Abbatija Tad-Dejr
- St. Augustine’s Catacombs
- San Pawl Milqi
- Għajn Tuffieħa Roman Baths
- Salini Catacombs
- Xagħra Stone Circle
- Grand Master’s Palace
“Ticket(s)” means the sale of tickets for access to one or more of the Sites and/or any events relating thereto, made via this Website and/or at any one or more of the Sites, including the sale of block tickets and tickets for access to the Sites by appointment.
Heritage Malta operates and cares for a number of Sites and attractions of historical and cultural value to Malta (and in many cases to the whole world). These terms of service (the ‘Terms’) relate to Your use of the Services provided by Heritage Malta under the domain name https://heritagemalta.org/ (‘the Website’) as well as certain terms and conditions relating to the Sites themselves.
We have the right to revise and amend these Terms and/or the Services from time to time to reflect changes in market conditions affecting Our business, changes in technology, changes in access rights to certain locations, changes to any health and safety laws or procedures, changes in payment methods, changes in relevant laws and regulatory requirements and changes in Our system’s capabilities or for any other lawful reason. Your continued access to or use of the Website and/or the Services constitutes Your acceptance of any such change and/or amendment. You will be subject to the policies and Terms in force at the time that You order and/or use Tickets (or other Services) from Us, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by You).
Heritage Malta can be contacted at email@example.com or through Our Website ‘Contact’ page or by phoning on (+356) 2295 4000 during regular office hours
1. ORDER ACCEPTANCE & RESERVATION
1.1. All orders for Our Goods and/or Services, including for the avoidance of doubt, orders for Tickets are subject to availability and acceptance by Us. Should We be unable to accept Your order for any reason, We will contact You directly (either via email or by phone) where more details will be provided.
1.2. Once You request to purchase Goods and/or Tickets through the Website, We shall process Your details, and subject to the accuracy of Your details (such as Your financial information) as well as the availability of the Services and the fulfillment of the payment requirements set out in Clause 1.3 below (as well as Section 3) an email acknowledging Your order will be communicated to You, providing You with important information regarding Your order details.
1.3. A contract for the sale of any Goods and/or Tickets You order from Us (the ‘Sale Contract‘) is only created once We have accepted the order and received full payment for Your order (via a payment gateway avialble on Our Website or directly at Our Sites or any other form of payment that We may indicate from time to time and and including partial acceptance).
1.4. With regard to electronic Tickets ordered via the Website, these will be delivered to You electronically immediately once Your order is accepted. With regard to the delivery of Goods unless We receive any information from You to the contrary, We will assume that the details that You provided Us in Your order(s) are correct and We shall proceed to use Our best endeavours to effect delivery thereof within the indicated timeframes (if any). Once the Goods are delivered to You, You will hold the Goods at Your own risk and will be liable for their loss or destruction. We will not be liable for the loss or destruction of the goods once they have been delivered to You.
1.5. To the full extent permitted by law, We reserve the right to refuse any order made by You for whatever reason.
1.6. We will not be legally bound by any factual or typographical errors on the Website or other promotional materials.
2. SERVICE AVAILABILITY
2.1. By placing an order through this Website You warrant that You are eighteen years of age or older and that no legal impediment of any kind prevents You from contracting with Us in any way.
2.2. Should You fail to bring Your purchased Ticket with You when visiting any Site(s), either electronic Tickets You purchased via the Website and/or physical Ticket(s) purchased at the Site in question, We cannot guarantee that You will be allowed entry to the same.
2.3. The Sites’ operational hours are displayed on Our Website and at the Site(s) themselves (some of which have special terms and conditions as explained below). Users should check for such opening hours before visiting the Sites. If You are not sure that the Sites will be open on the day You plan on visiting, please check for any notices on the Website and if necessary, kindly contact Us at firstname.lastname@example.org by phoning on (+356) 2295 4000 (during regular office hours) prior to placing Your order.
3. PRICE AND PAYMENT
3.1. The price of the Tickets and Goods available for purchase from this Website shall be shown on the Website.
3.2. Prices are subject to change without prior notice, but any such changes will not affect orders which have already been placed by You.
3.3. Unless otherwise indicated, prices include VAT and delivery charges (if applicable).
3.4. The full price You will pay for the Services is the price for those specific Services appearing on the Website when placing Your order (and as confirmed in the email and/or electronic message mentioned in Clause 1.2 as well as in Your pending orders).
3.5. Payment shall be made by You by the means specified on the Website or other means as may be indicated by Us and shall not be deemed to be made until We have received cleared funds in respect of the full amount due.
3.6. At present, payment for all Services purchase from this Website shall be exclusively by credit or debit card. We currently accpet payment with VISA and MASTERCARD and any other cards as may be listed elsewhere on Our Website (including via Paypal or any payment gateway(s) available on Our Website). Besides the above-listed means, cash payments may also be made if Goods and/or Tickets are bought directly at the Sites or where otherwise indicated by Us.
3.8. By purchasing Tickets online, You warrant that the Tickets are for Your personal enjoyment only and are not for resale.
4. RIGHT OF WITHDRAWAL & ADDITIONAL TERMS
4.1. Your right of withdrawal only applies to the Goods and not to the Tickets
4.2. Subject to the provisions of Clause 4.3 below, if You are contracting as a consumer, You have the right to withdraw from the Sale Contract of any Goods at any time within 14 days beginning from the day after You receive the Goods (See Clause 1.4 for more information on Our delivery methods). The withdrawal period will expire after 14 days from the day on which You acquire, or a third party other than the carrier and indicated by You acquires, possession of the Goods.
4.3. The right granted to You, as a consumer, pursuant to Clause 4.2, does not apply to:
(a) those Goods which are liable to deteriorate or expire rapidly;
(b) sealed Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery; or
(c) made to measure or personalised Goods.
4.4. To exercise the right of withdrawal, You must inform Us of Your decision to withdraw from the Sale Contract by an unequivocal statement either by contacting Us at email@example.com or by phoning on (+356) 2258 8100 (during regular office hours). Alternatively, You may choose to use the model withdrawal form included in Clause 4.7 below. We will communicate to You an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without delay.
4.5. Subject to Clause 4.3. If You withdraw from the Sale Contract (of Goods) successfully and before the deadline indicated in Clause 4.2, We shall reimburse to You all payments received from You, including the costs of delivery (with the exception of the supplementary costs resulting from Your choice of a type of delivery other than the least expensive type of standard delivery offered by Us), without undue delay and in any event not later than fourteen (14) days from the day on which We are informed about Your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as You used for the initial transaction unless You have expressly agreed otherwise; in any event, You will not incur any fees as a result of such reimbursement.
4.6. You are responsible for the correct details that You submit, including the correct date and time (when asked to provide such information). We cannot be held responsible for any customer errors.
4.7 Model withdrawal form:
(complete and return this form only if You wish to withdraw from the sale of Goods contract)
— To Heritage Malta at Heritage Malta Head Office, Ex Royal Naval Hospital, Marine Street, Kalkara KKR 1524, Malta:
— I/We (*) hereby give notice that I/We (*) withdraw from my/Our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
— Ordered on (*)/received on (*): __________________________
— Name of consumer (s): __________________________
— Address of consumer(s): __________________________
— Signature of consumer(s) (only if this form is notified on paper): __________________________
(*) Delete as appropriate
Please Note: To help Us with identifying You and processing Your withdrawal quickly, please notify Us about the following details combined with Your withdrawal notice:
– Your email address with which You signed up/contacted Us
5.1. All promotions online are subject to removal without notice (without affecting any promotions that You are entitled to benefit from).
5.2. All promotions are on a “While Stocks/Services Last” basis.
5.3. No Ticket or Good price is guaranteed until the Ticket is purchased.
6. LIABILITY AND DISCLAIMER
6.1. We are fully committed to providing You with the best possible service as expeditiously as possible.
6.2. With regard to Clause 6.1 above, to the fullest extent permitted at law and except in respect of death, personal injury or other damage caused by gross negligence on Our part or on the part of Our employees, We shall not be liable to You by reason of any representation (unless fraudulent), or any implied warranty condition or other term or any duty at law or under express terms of the contract for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by negligence on Our part or the part of Our employees or agents or otherwise) which arise from or in connection with the use of the Website and the supply of Services, Our entire liability under or in connection with the provisions of the Services shall, under no circumstance, exceed the price of the Sale Contract, except as expressly provided in these conditions.
6.3. In particular, and without limiting the generality of the foregoing, Heritage Malta 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.
6.4. Heritage Malta shall not be liable for any losses resulting from third-party services (including Your accessing of third-party websites, whether or not You access such websites through the Website).
6.5. 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.
6.6. Nothing in these Terms shall restrict any mandatory statutory rights You may enjoy under any applicable law.
7. SPECIFIC TERMS AND CONDITIONS OF OUR SITES
7.1. Although We strive to take all reasonable precautions to guarantee Your safety whilst visiting the Sites, You recognise and understand that visiting the Sites may involve certain risks. Those risks include but are not limited to personal injury and damage to property that may be sustained by any individuals attending and/or participating in any way in events held at the Sites, including but not limited to personal injury and/or property damages caused by other visitors (even unintentionally). Despite these and other risks, You hereby agree to hold Us harmless for any such personal injury and/or damage that may arise during any events and/or activities organised by Heritage Malta or otherwise except where such personal injury and/or other damage is caused by Our malicious acts or omissions and/or through Our gross negligence.
When visiting the Sites and/or making use of any of Our Services, You hereby undertake that no damage of any kind shall be caused in and/or to the Sites by Yourself or any other person(s) for whom You are legally responsible.
By using Our Services, You hereby understand and accept to be bound by the Heritage Malta’s policies below relating to the Sites:
7.2. Lost, Stolen or Confiscated Items
7.2.1. Heritage Malta is not responsible for any lost or stolen items. If an item is lost, please report the missing item with one of the authorized representatives of Heritage Malta. If the item is not recovered, You may leave relevant contact information.
7.2.2 Heritage Malta reserves the right to confiscate any items which are prohibited or which staff believe to be a potential hazard to the facilities and its visitors.
7.3. Alcohol and Smoking Policy
7.3.1. Visitors are not allowed to bring alcoholic beverages into the Sites at any time.
7.3.2. The Sites are smoke-free areas. Smoking is not permitted on any of the Sites’ grounds or in the surrounding areas.
7.4. Food and non-alcoholic beverages
7.4.1. Food and beverages (with the exception of 500ml plastic bottles) shall not, under any circumstances, be brought into the Sites without the prior explicit consent of Heritage Malta.
7.4.2. Food and beverages are available from Heritage Malta (only at specific and designated areas). Please note that additional costs may apply.
7.5. Admissions policy
7.5.1. Heritage Malta reserves the right to refuse admission, re-admission to any person for any reason at its sole discretion. In particular, and without prejudice to the foregoing Heritage Malta may refuse admission/re-admission for the following reasons:
- Failure to carry an identity document to prove identity (e.g. ID, driving license or passport) or to prove status if You wish to benefit from a discounted rate (e.g. if You are a student) – Please note that only one discount per ticket may be applied.
- Failure to dress appropriately in specific Sites.
- Failure to adhere to these Terms.
7.5.2. Heritage Malta reserves the right to search any person and/or any person’s personal belongings at any time and at its sole discretion.
7.5.3. No animals shall be allowed entry into the Sites
7.5.4. Once admitted, Heritage Malta reserves the right to eject any person without a refund at its sole discretion for any breach of these Terms or for failing to comply with any instructions given by staff or any other person acting on the instructions of Heritage Malta.
7.6. Conduct Expectations for Visitors
To make sure everyone’s visit is enjoyable, We ask everyone to adhere to the following guidelines during the visit:
- Children under 12 years old must be accompanied by an adult
- One adult is required for every five children (i.e., persons up to the age of 13) and must stay with them at all times;
- For the avoidance of all doubt, You will be held fully responsible for all acts of any person(s) for whom You are legally responsible;
- No running or yelling is allowed inside any of the Sites;
- No food or drink is allowed outside designated eating areas;
- Please do not go to floors or zones that are off-limits at the Sites;
- Please do not move out of the designated areas as this may create a health and safety concern in case of emergencies.
7.7. Use of Equipment
8. HYPOGEUM SPECIAL TERMS AND CONDITIONS
8.1. When visiting the Hypogeum, besides reading and complying with Clause 7 above, Visitors must also read and adhere to these specific Hypogeum terms and conditions.
8.2. The Hypogeum is a unique World Heritage monument. To protect its unique wall paintings, the site’s microclimate is strictly regulated, and only 80 visitors can access the site each day. A group of 10 people is admitted to each tour.
8.3 Due to the strict admittance regulations of this site, should You not be able to attend to the tour, We offer to sell your ticket/s if an e-mail is received on firstname.lastname@example.org at least 5 days prior to your visit requesting of such service. A 20% administration fee will be withheld from the original ticket price to cover for processing costs. If a ticket/s is sold by Heritage Malta the refund will be processed in the first week of the following month.
8.4 In case of opting for such service, Heritage Malta only commits on selling the ticket/s in question, it does not commit on re-booking you on a similar tour on another day/time.
8.5. Children under 6 years of age cannot be admitted to the Hypogeum for their own safety. Children who are 6-13 years of age must be accompanied by an adult.
8.6. Our tours of the Hypogeum consist of a 20-minute audio-visual experience explaining the features of the site (“Video Experience”) followed by a guided tour of the site with one of our personnel (the “Guided Tour”). Should You so desire You may also opt solely for the Video Experience, but please note that this option does not include access to the archaeological site itself. For more information regarding pricing please visit https://heritagemalta.org/admission-fees/.
8.7. Please check the date and time of Your scheduled booking as confirmed on Your Ticket. The ticket is only valid for the allotted time, with tours strictly starting at the specified time. Therefore You should arrive at the site at least 15 minutes before the scheduled start time of the Guided Tour as specified on the Ticket. Failure to arrive on time may result in refusal of entry without a refund.
8.8. Audio guides can be provided on request and are available in Maltese, English, French, Italian, German, Spanish, and Japanese. If You are not able to use the audio guide provided, You may request a written version of the tour (available only in ) by contacting Us on email@example.com at least one week before Your visit.
8.9. For Your general information, please note that:
- The Hypogeum is an enclosed space. If You are susceptible to claustrophobia, You may experience some discomfort.
- Humidity levels are very high, and therefore, some areas are very slippery. For Your safety, please wear closed, comfortable shoes and hold onto the handrails at all times. Visitors wearing high heels or flip flops will not be admitted.
- Before the Guided Tour starts, You will be requested to leave your belongings such as cameras and mobile phones in the lockers provided.
- The Video Experience, reception, shop, and a small display area describing the features of the site are wheelchair accessible. However, please be advised that the archaeological site is not accessible to wheelchairs.
- Photography and filming are not permitted within the site.
8.9.2. How to get here:
- By public transport from Valletta: Routes 81 & 82. When in Paola follow the signs from the bus stop ‘Ipoġew’ towards the Hypogeum, which is found 5 minutes away on foot from the Paola Parish Church.
- By vehicle: Drive towards Paola/Tarxien and follow the signs.
8.9.3. The use of any audio, audio-visual, video or photographic equipment (including using of mobile phones) is strictly prohibited and subject to confiscation by Our staff.
9. UNDERGROUND VALLETTA SPECIAL TERMS AND CONDITIONS
- When visiting Underground Valletta, visitors must read and adhere to these specific Underground Valletta Terms and Conditions.
- Tours to Underground Valletta take place at 10am, 11am, 12pm and 1pm on Mondays, Wednesdays and Sundays. Tours are given in English and start strictly on time.
- Please check the date and time of your scheduled booking as confirmed on your ticket. The ticket is only valid for the allotted time, with tours strictly starting at the specified time. Visitors need to meet at MUŻA – The Malta National Community Art Museum, Merchant Street, Valletta half an hour before the start of the tour. Visitors will be given a short briefing and handed personal protective wear (bump cap and head light). Lockers are provided. Visitors will then be taken to Underground Valletta (less than 5 minutes away) to start the guided tour.
- For general information please note that:
- Humidity levels are very high and therefore, some areas are slippery. For your safety, please wear closed, comfortable shoes and always hold onto the handrails. Visitors wearing high heels, sandals or flip flops will not be admitted.
- Although handrails are in place, we regret that the site remains inaccessible to wheelchairs and persons needing walking aids.
- Underground Valletta is a dark subterranean location. By buying a ticket you are warranting that you are in good health and are not subject to panic attacks or loss of balance due to claustrophobia or similar conditions which could put yourself or other visitors at risk of injury.
- A maximum of 15 persons are admitted to each guided tour which takes about an hour in Underground Valletta.
- Children under 6 years of age cannot be admitted to Underground Valletta. Children who are between 6 – 11 years of age must be accompanied by an adult.
- Failure to arrive on time may result in refusal of entry and tickets are not refundable and cannot be exchanged.
- Prices may change without prior notice.
- Ticket re-selling service: Due to the strict admittance regulations of this site, should you not be able to attend to the tour, we offer to sell your ticket/s if an e-mail is received on firstname.lastname@example.org at least 5 days prior to your visit requesting of such service. A 20% administration fee will be withheld from the original ticket price to cover for processing costs. If a ticket/s is sold by Heritage Malta, the refund will be processed in the first week of the following month. In case of opting for such service, Heritage Malta only commits on selling the ticket/s in question, it does not commit on re-booking you on a similar tour on another day/time.
- By public transport: Bus to Valletta Terminal. The tour starts and ends at MUŻA in Merchant Street Valletta. 5 minutes walk from Bus Terminus.
- By vehicle: Parking in Valletta in white boxes at all times; in blue boxes from 7am till 7pm. CVA charges apply.
- Public and private car parks can also be found just outside Valletta.
- Ferries to Valletta operate from Gozo, The Three Cities and Sliema.
If you encounter any technical problems with the online booking system, please contact us on email@example.com or +35622954330.
9.3 Ticket re-selling Service:
Due to the strict admittance regulations of this site, should you not be able to attend to the tour, We offer to sell your ticket/s if an e-mail is received on firstname.lastname@example.org at least 5 days prior to your visit requesting of such service. A 20% administration fee will be withheld from the original ticket price to cover for processing costs. If a ticket/s is sold by Heritage Malta the refund will be processed in the first week of the following month.
In case of opting for such a service, Heritage Malta only commits on selling the ticket/s in question, it does not commit on re-booking you on a similar tour on another day/time.
10. INTELLECTUAL PROPERTY
10.1. For information regarding Our rules concerning the content provided on this Website, please see Our Copyright Notice.
10.2. Please note that the Sites, including the artifacts, statues and other pieces of art/media may be owned by Heritage Malta or other third parties and may be subject to copyright or other similar intellectual property rights. For these purposes, unless the express consent of Heritage Malta or its staff is obtained photography and filming are strictly prohibited.
11. HERITAGE MALTA MEMBERSHIP
11.1. If You would like to become a Heritage Malta member to receive various benefits relating to the Sites, Your own membership card, exclusive events at the Sites and much more, please visit Our membership page for more information regarding price and the variety of benefits on offer and fill out Our Membership Application Form or contact Us at by emailing email@example.com (+356) or calling (+356) 2295 4000 (during normal office hours).
11.2. Please be aware that different kinds of concessions apply according to the type of membership applied for. For example, where You apply as a student or an elderly person You may be entitled to additional benefits. In order to process Your application for membership with Us, We will therefore require You to show Us Your identification as proof of Your status.
11.3. Once You become a Heritage Malta member, different terms and conditions may apply to You depending on the type of membership in question. These terms and conditions will be communicated to You in due course as appropriate.
11.4. Membership is issued to the named member only, for his/her use only. Membership cannot be availed of or transferred to any other person.
11.5. Your Membership shall continue until the date of expiry displayed on Your membership card. Should You lose Your card, We will issue a new one to You free of charge on the first such occasion, after which We shall charge an administrative fee to issue subsequent cards.
11.6. Heritage Malta reserves the right to exercise its rights in full if You, as a member, are found to breach any of these Terms and/or any additional terms and conditions as may be communicated to You.
12.1. You agree to indemnify, defend and hold harmless Heritage Malta, its directors, officers, employees, consultants, agents, and affiliates, from any and all claims (including third party claims), liability, damages and/or costs (including but not limited to, legal fees) arising from, without limitation, Your breach of these Terms, Your conduct (and the conduct of any minors under Your care) at the Sites, Your infringement of any intellectual property rights or any other right of any person or entity or any defamatory or malicious statements made by You in any form (including online).
13. WRITTEN COMMUNICATIONS
13.1. Applicable laws require that some of the information or communications We send to You should be in writing. When using this Website, You accept that communication with Us will be mainly electronic. We will contact You by e-mail and/or electronic messaging or provide You with information by posting notices on Our Website. For contractual purposes, 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.
14.1. All notices given by You to Us must be given to Us at firstname.lastname@example.org. We may give notice to You at either the e-mail or postal address You provide to Us when placing an order, or in any of the ways specified elsewhere in these Terms. In the case of any electronic notification, notice will be deemed received and properly served 24 working hours after an e-mail is sent.
14.2. In proving the service of any notice, it will be sufficient to prove, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
15. TRANSFER OF RIGHTS AND OBLIGATIONS
15.1. The Sale Contract (and/or any additional contract as may be required) between You and Us is binding on You and Us and on Our respective successors and assigns.
15.2. You may not transfer, assign, charge or otherwise dispose of a contract (including the Ticket), or any of Your rights or obligations arising under it, without Our prior written consent.
15.3. We may transfer, assign, charge, sub-contract, or otherwise dispose of a contract, or any of Our rights or obligations arising under it, at any time during the term of the contract. If Your rights will be reduced in any way, We will only proceed with Your prior consent.
16. EVENTS OUTSIDE OUR CONTROL
16.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under a contract that is caused by events outside Our reasonable control (“Force Majeure Event”).
16.2. 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:
16.2.1. Strikes, lock-outs or other industrial action.
16.2.2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
16.2.3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic/pandemic, or other natural disaster.
16.2.4. Impossibility of the use of shipping, aircraft, motor transport, or other means of public or private transport.
16.2.5. Impossibility of the use of public or private telecommunications networks.
16.2.6. The acts, decrees, legislation, regulations, or restrictions of any government.
16.3. Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period. We will use Our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which Our obligations under the contract may be performed despite the Force Majeure Event.
17.1. If We fail, at any time during the term of a contract, to insist upon strict performance of any of Your obligations under the contract in question and/or any of these Terms, or if We fail to exercise any of the rights or remedies to which We are entitled under any contract, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations.
17.2. A waiver by Us of any default shall not constitute a waiver of any subsequent default.
17.3. No waiver by Us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing in accordance with Clause 12 above.
18.1. If any provision or part-provision of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable, or illegal, the other provisions shall remain in force.
18.2. If any invalid, unenforceable or illegal provision would be valid, enforceable, or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
19. ENTIRE AGREEMENT
19.1. These Terms and any document expressly referred to in them (including any additional contract as may be required) represent the entire agreement between Us in relation to contract’s subject matter and supersede any prior agreement, understanding, or arrangement between Us, whether oral or in writing.
19.2. We each acknowledge that, in entering into a contract, neither of Us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between Us prior to such contract except as expressly stated in these Terms.
19.3. Neither of Us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently), and the other party’s only remedy shall be for breach of contract as provided in these Terms.
20.1. All disputes or claims arising out of or relating to these Terms and/or the Sale Contract shall be subject to the exclusive jurisdiction of the Maltese Courts to which the parties irrevocably submit.
20.2. This clause does 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.
21. GOVERNING LAW
21.1. This Agreement shall be governed and construed in accordance with Maltese law, 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), or any other legislative measure which may replace the said Regulation from time to time.
22. AFTER-SALE SERVICE
22.1. Questions, comments or requests regarding these Terms or any of Our Services should be addressed to: email@example.com or by phoning Us on (+356) 2295 4000 (during regular office hours).
22.2. If You have any formal complaints, these should be addressed in writing to 35, Heritage Malta Head Office (Ex Royal Naval Hospital) Dawret Fra Giovanni Bichi Il-Kalkara, KKR 1280Malta
Last updated on 30th March 2023.