The Property Owner is authorising the Booking Agent to advertise the Property on
BEHALF of the Property Owner on the website www.holiday-malta.com and any other
website or media by paying the Booking Agent an advertising fee equal to the amount
of Ten (10) Euro, the Booking Agent accepts and will invoice the Property Owner
once the property has been allocated a reference number by the Booking Agent.
The Property Owner further authorises the Booking Agent to offer or advertise The
Property on his behalf through any of its associated companies, affiliates, or business
partners, whether local or otherwise.>
The Booking Agent, at his sole discretion, may advertise, on behalf of the Property
Owner, the Property and its availability for short-lets through any form of media
including third party websites.
The Booking Agent shall be entitled to verify and confirm, with the Property Owner,
the availability of booking/s dates/periods for the Property if and when the Booking
Agent requires, in order to update records and in all cases when an enquiry or definite
interest for a short let reservation is received from the Booking Agent’s
Clients. This verification may be done in an automated manner through this website
, or orally, including by recorded telephone message or in writing which shall include
facsimile and/or email.
When the Property Owner confirms to the Booking Agent the availability of booking/s
dates/periods for the Property, when requested to do so by the Booking Agent, whether
automatically via , orally, including by recorded telephone message or in writing
which shall include facsimile and/or email, the Property Owner shall hold and make
the Property EXCLUSIVELY AVAILABLE to the Booking Agent for a minimum of forty eight
(48) hours, (the provisional reservation period on hold), which period may be extended
by mutual agreement between the parties, in order to allow the Booking Agent to
seek official confirmation and deposit/payment from the Booking Agent's Clients.
If payment has not been obtained from the Booking Agent's Client during the provisional
reservation period on hold, then the reservation will be released back to the Property
Owner as a booking that has NOT been concluded and the Booking Agent shall not be
liable to the Property Owner for any damages.
If, on the other hand, during this provisional reservation period on hold, the Booking
Agent informs the Property Owner whether automatically via , orally, including by
recorded telephone message or in writing which shall include facsimile and email,
that its Client has confirmed the reservation and received a deposit or payment
in full, then the Property Owner hereby undertake/s to keep the Property exclusively
available to the Booking Agent and its Client in respect of the booking/s dates/periods
for the Property. If the Property Owner confirms a booking automatically via , this
will be recorded on logs with a date and time stamp and will be deemed a Confirmed
Reservation. If on the other hand the Property Owner confirms a booking orally,
including by recorded telephone message or in writing which shall include facsimile
and/or email, the Property Owner shall sign or confirm by email or fax the Booking
Agent's Reservation Form or confirmation request which will refer to the reserved
booking/s dates/periods for the Property, as requested by the Booking Agent.
The Property Owner undertakes, at his own cost and expense, to maintain the Property
in a good and clean standard, in full working order and safe for occupation and
use. The Property Owner shall be responsible for ensuring the cleaning of the Property,
laundry and replacing of the bed linen and bathroom linen prior to the arrival of
each new Client. Provided that if a Client’s stay is to exceed one week, the
Property Owner shall clean the Property and replace bed and bathroom linen at least
once a week. Furthermore the Property Owner undertake/s to ensure that the whole
Property including its contents, appliances and amenities shall be kept in good
condition, suitably maintained, regularly cleaned and serviced in such a way that
the Booking Agent’s clients who shall be occupying the Property are fully
Where the Property includes a swimming pool, such swimming pool as well as the pool
area are to be regularly cleaned, topped up, chlorinated, serviced and maintained
by qualified personnel, kept free from danger at the sole cost and expense of the
The Property Owner shall ensure that the Property is at all times equipped with
fully functioning fire extinguishers and an information pack with emergency telephone
numbers, and other useful information. It shall be the responsibility of the Property
Owner to undertake that the Property will, at all times, comply in full, with applicable
Maltese and EU legislation relating to hygiene, fire, safety and other standards
for those using the Property for holiday accommodation and that the Property Owner
shall have and will at all times maintain in force, the appropriate current certificates
confirming such compliance.
The Property Owner shall be responsible for keeping and maintaining the Property
properly furnished and equipped at all times with, but not limited to, good quality
furniture, furnishings, working appliances and domestic equipment, sufficient kitchen
utensils, linen and sanitary facilities and services in accordance with the expected
standard of the Property and equipped for Self Catering Accommodation in accordance
and conformity with Maltese & EU Legislation. The Property shall at all times
be equipped with the furniture and fittings documented/uploaded on this website
, which shall be kept in good working order/condition and up to an adequate standard
as required by law. The Property Owner shall also be responsible, prior to accept
a booking and with due notice, to inform the Booking Agent of any disturbances in
the vicinity of the property, including but not limited to construction works,which
may cause discomfort to the Booking Agent’s client during their intended stay
at the property. The Property Owner accepts full liability in the case when the
Booking Agent's clients complain of such disturbances which where not reported to
the Booking Agent and it transpires that the Property Owner was aware (beyond reasonable
doubt) of such disturbances prior to the arrival of the Booking Agent's client.
The Property Owner shall be responsible for any liability which may be suffered
by the Booking Agent as a result of the Property and/or its furniture and/or other
contents not being kept in good working order/condition and up to a standard required
by law. The Property Owner shall be responsible for any liability which may be suffered
by the Booking Agent as a result of any furniture and/or other contents documented/uploaded
on this website as available at the property which are not made available to the
Booking Agent's clients during their stay at the property . The Property Owners
shall also take all reasonable steps to render and keep the Property safe from any
danger that may cause any harm to the person and/or property of the Booking Agent's
Clients. The Booking Agent does not own or manage the Property, therefore the Booking
Agent shall not, in any way, be held responsible for any injury, damage, loss or
expenses incurred to the Booking Agent’s Client or any person in the Booking
Agent’s Client’s party or to any property belonging to such Client or
any person in such Client’s party as a result of renting the Property. In
the event that any claims for damages, loss or expenses are made by the Booking
Agent’s Client, this shall be the sole responsibility of the Property Owner,
even if such claim is made to the Booking Agent.
The Property Owner hereby confirms that the Property and the Property Owner (as
the case may be) is, and shall at all times be, covered by any licenses and/or permits
that shall be required in terms of Maltese Law in order for the Property to be leased
as self catering holiday accommodation as provided in this Agreement. All the relative
costs, as well as the responsibility to obtain and maintain in force such licenses
and/or permits, shall be at the charge of the Property Owner. Moreover, The Property
Owner shall be responsible for ensuring that the terms and conditions of the licence
issued in respect of the Property/ies concerned are satisfied.
The Booking Agent will be responsible and is hereby being authorised by the Property
Owner to collect payment of the rent due by the Booking Agent’s Clients to
the Property Agent and to pay the rent due to the Property Owner by cheque or bank
transfer as follows:
Deposit of 20% not later than 29 days prior to the arrival of the Booking Agent’s
80% of the balance within 7 days of the departure of the Booking Agent’s Clients
The Booking Agent reserves the right to charge an administration and service fee
of EUR 2.00 per Cheque or EUR 4.00 per Bank Transfer issued to the Property Owner,
if applied, the property owner will be informed and this will be deducted from any
amount due to the Property Owner.
The Booking Agent guarantees all payments to The Property Owner for all confirmed
bookings Provided that the rent shall still be due and payable to the Property Owner
as per Clause 13 in the event that a Client of the Booking Agent shall have cancelled
his reservation. Provided further that no rent shall be due and payable to the Property
Owner in the event that a Client of the Booking Agent leaves the Property either:
as a result of any fault or negligence on the part of the Property Owner, including
but not limited to the non-observation of ANY of the obligations
being assumed herein; or
as a result of force majeur, including, natural disasters causing damage to the
Property, a war, governmental actions, serious disturbance of peace in the area,
In any such case, the Property Owner hereby undertakes to refund any payment received
by way of deposit or payment in respect of the Client’s occupation of the
The Booking Agent will promptly inform the Property Owner in the event of a confirmed
cancellation, and when this happens the following procedure will be observed:
If a cancellation occurs for any reason, more than thirty (30) days before the planned
date of commencement of occupation of the Property by the Client who has confirmed
the cancellation, then the deposit paid pursuant to Clause 12 above shall entitle
the Booking Agent to substitute the relative client with another client for the
same reservation period and in so doing, the Booking Agent shall utilise the same
deposit provided by the relative client who has confirmed the cancellation. If a
client is substituted for the same period and the price of the property is different,
for example because the number of people in the Client’s party and who shall
be staying at the Property shall be greater or fewer than in the original booking,
then the deposit and final balance due by the Booking Agent’s Client will
be amended accordingly.
If the Cancellation occurs for any reason, less than twenty nine (29) days before
the planned date of commencement of occupation of the Property by the relative Client,
the deposit paid will be deemed forfeited in favour of the Property Owner, unless
as otherwise may be agreed to from time to time between the Property Owner and the
In the event that a Client of the Booking Agent leaves the Property or refuses to
occupy the Property as a result of any fault or negligence on the part of the Property
Owner, including but not limited to the non-observance of ANY of
the obligations being assumed hereon, the Property Owner shall be shall be obliged
to effect a full refund to the Booking Agent of any deposit amount paid and will
forfeit any balance due relative to the said booking, this in order for the Booking
Agent to find suitable alternative accommodation of a similar standard for the Client.
The Booking Agent’s Clients will be asked to accept specific terms and conditions
of Euro Resort Investments Ltd prior to payment for and arrival at the Property,
and such Clients shall accept to pay for any damages caused to the Property or to
the furnishings therein whilst they shall be occupying the Property. Notwithstanding
this, the Property Owner shall be responsible to keep the Property and its contents
adequately insured against damages. In the event of damage to the Property caused
by the Booking Agent’s Clients whilst they shall have been occupying the Property,
the Booking Agent will endeavour to do all it can to collect payment for such damages
from its Clients; provided that for the avoidance of doubt and dispute, any such
assistance that shall be provided by the Booking Agent shall not operate as an admission
of any liability on the part of the Booking Agent or its Clients.
The Booking Agent will not be responsible and shall not be held liable, directly
or indirectly, for any harm and damage suffered by the person of and/or the property
of the Booking Agent’s Clients through his/her/their use of the Property or
its facilities. The Booking Agent will not be held liable for any resultant claims.
Provided however that in the event of complaint or accident which necessitates an
inspection, the Booking Agent and Property Owner both retain the right to inspect
the Property at any reasonable time by prior arrangement with the Booking Agent’s
All running expenses, insurances, maintenance expenses, utilities, legal responsibility
in relation to the Property shall, at all times, be solely attributable to the Property
Owner. It is to be understood that if ‘pay per use’ utilities or refundable
security/breakages deposits are imposed on the Booking Agent’s clients, then
this must be clearly documented/uploaded by you on this website , otherwise it is
to be understood that all utilities used by the Booking Agent’s clients at
the Property will, at all times, be solely attributable to and the sole responsibility
of the Property Owner.
ALL confirmed reservations/bookings must be honoured by the Property Owner and shall
not be dishonoured/declined for any reason, other than the reasons stipulated in
this Agreement. The Property Owner undertakes full responsibility and full liability
for any claims that shall be made by the Booking Agent or its Clients in respect
of any damages and /or expenses which may be suffered should a reservation/booking
be dishonoured in any way. The Property Owner further agrees to fully indemnify
and hold harmless the Booking Agent against any claims for damages that may be made
against the Booking Agent by any of the Booking Agent’s Clients as a result
of a booking/reservation being dishonoured or cancelled by the Property Owner.
The Booking Agent does not manage the Property/ies of the Property Owner. Therefore,
the Property Owner undertakes that he or any other contact person appointed by the
Property Owner will be available and shall provide support to the Booking Agent
and its Clients at all times and without undue delay. The name and contact details
of the contact person/reservations manager must be clearly documented/uploaded by
you on this website PROVIDED HOWEVER that the Property Owner undertakes to immediately
inform the Booking Agent if the contact person/reservations manager or any of his/her
details has been changed. The said contact person/reservations manager or the Property
Owner shall be responsible to provide Clients with the keys of the Property on their
arrival and to collect the keys on such Clients’ departure from the Property.
The Property Owner or contact person/reservations manager will be the contact point
and the person responsible for the Clients renting and using the property from the
day of arrival to the day of departure and any problems/queries with the Property
shall be the sole responsibility of the Property Owner or contact person/reservations
manager. The Property Owner may at his/her own sole discretion provide the Booking
Agent with a set of keys to the Property in order to facilitate the ‘check-in’
to the Property by the Clients. However, this will in no way mean that the Booking
Agent will assume the role and responsibility of Property Owner, contact person/reservations
manager, manager or caretaker of the Property.
The Parties agree that the recommended standard check-in time shall be after 1400hrs
and standard check-out time shall be prior to 1000hrs, in respect of each lease.
Provided that the Property Owner may allow early check-ins and late check-outs at
his sole discretion without extra charge to the Client. Check-in and check-out times
must be clearly documented/uploaded by you on this website.
The Property Owner may update the Daily Property Rental Rates documented/uploaded
by you on this website at any time.
The Daily Property Rental Rates documented/uploaded by you on this website are Net
Rates, which include any taxes applicable by law as well as all running costs (including
but not limited to utilities) which are to be borne/paid by the Property Owner unless
specifically documented/uploaded by you on this website as pay per use services.
Net rates are payable by the Booking Agent to the Property Owner for ALL bookings/reservations
made by the Booking Agent. It is understood that the Booking Agent, at its discretion,
is entitled to charge a "mark up" over these Net Rates to its Clients.
The applicable Daily Property Rental Rates shall always be those in force on the
date on which a reservation/booking shall have been made.
This agreement shall be valid for One (1) Year and will be automatically renewed,
unless either of the parties shall have informed the other party by notice in writing
at least thirty days prior to the expiry of the term of its intention not to renew
the agreement for a further one year period. Any pending bookings accepted during
the term when this agreement was in force must be honoured, irrespective of whether
such bookings fall within a period when outside the term of this agreement.
The Property Owner acknowledges and understands that the Booking Agent is acting
solely as an intermediary to introduce and bring together its Clients with the Property
Owner. Accordingly, the Booking Agent shall not be responsible for any claims and
damages arising as a result of the agreement between the Property Owner and the
Booking Agent’s Clients and the Property Owner hereby agrees to keep the Booking
Agent indemnified against all and any claims that may be made against the Booking
Agent by its Clients with respect to the Property or any damages suffered by them
in connection with their stay at the Property.
The Property Owner hereby declares that the information forwarded to the Booking
Agent about the Property, including its description, documented/uploaded on this
website are true and correct and may be published on the internet (world wide web)
and any other media. The Property Owner binds himself to inform the Booking Agent
without delay should there be any material changes to structure, finishing and furnishings
of the property which do not reflect the description, photos, pictures, videos published
on this website and any other media of the Booking Agent. It shall be the sole responsibility
of the Property Owner to ensure that the description given, the photos displayed
on this websites, as well as the promotional material of the Booking Agent shall
reflect the true and current state of the property. The Property Owner declares
and agrees to indemnify the Booking Agent should any of the information given to
the Booking Agent prove to be incorrect in the event of any claim that is advanced
and proven by the Booking Agent’s Clients or any other interested third party.
The Property Owner confirms that he owns the Property/ies and/or is legally authorised
to enter into this Agreement with regards to the Property.
This Agreement is subject to and shall be construed in accordance with the laws
In the event of a dispute arising between the parties to this agreement, the parties
hereby undertake to attempt to resolve the dispute amicably.
In case of failure to reach an amicable settlement to any dispute arising under
this agreement within two weeks from the notice of a dispute by one party to the
other, the parties hereby agree that the dispute shall be referred and submitted
to arbitration in Malta in terms of the Rules of the Malta Arbitration Centre, before
an independent arbiter to be nominated by agreement between the parties. In the
event that the parties do not agree on an independent arbiter, then the arbiter
shall be nominated by the Chairman of the Malta Arbitration Centre.
Euro Resort Investments Ltd undertake to process all the personal data submitted
to it as per this Agreement in accordance with the provisions of the Data Protection
Act (Chapter 440 of the Laws of Malta) and for the specific purposes laid down in
this Agreement. Euro Resort Investments Ltd shall not pass on details of the Property
Owner to any third party or entity unless the Property Owner consents and unless
Euro Resort Investments Ltd is compelled to do so by Law.
If any provision of this Agreement is held to be invalid or void for any purpose,
it shall for that purpose be deemed to be omitted from this Agreement. Such omission
shall not affect or prejudice the validity, effectiveness or enforceability of the
rest of the provisions of this Agreement.