Café del Mar (Malta) Terms of Service

Last updated on 12th June 2017

 

Definitions

 

“We”/”Us”/”Our”/”Café del Mar Malta”/ “CDM” means Marine Aquatic Limited registered in Malta under Company Number C 52988 having its registered office at the Malta National Aquarium, Triq It-Trunciera, Qawra, St. Paul’s Bay SPB1500, Malta and being the exclusive sub-licensee of the Café del Mar brand in Malta, authorising it among other things to operate the Café del Mar venue within the Malta National Aquarium facility (the ‘Venue’) 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.

“Services” means any services offered by Café del Mar Malta on its Website including but not limited to sale of tickets for access to the Venue and/or any events relating thereto (‘Ticket(s)’) and/or any acceptance of bookings for the Café del Mar restaurant and/or special reservation requests for exclusive and/or special use of the Venue (‘Special Events’) as well as any services offered by Café del Mar at the Venue (including but not limited to access to the facility itself and any special events hosted therein).

 

Preliminary

These terms of service (the ‘Terms’) relate to your use of the Services provided Café del Mar Malta under the domain name http://www.cafedelmar.com.mt/ (‘the Website’) as well terms and conditions relating to the Venue itself.
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 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).

 

By using this Website and/or purchasing any Services from us, you agree to these Terms, to our Privacy Policy and to any special terms and conditions appearing on Tickets or in any additional contracts to be entered into between us (including special terms and conditions relating to special events hosted at the Venue).

 

Café del Mar Malta can be contacted at info@aquarium.com.mt or through our Website messaging system or by phoning on (+356) 2258 8100 during normal office hours.

 

  1. TICKET ORDER ACCEPTANCE & RESERVATION OF VENUE FOR SPECIAL EVENTS

1.1. After sending a request to purchase a Ticket through this Website a message acknowledging that we have received your request to purchase a Ticket will be displayed. This acknowledgment does not constitute a contract of sale but merely an indication that your offer (to purchase a Ticket and/or make a reservation) has been received by us and is being processed.

1.2. Shortly after sending a request to purchase a Ticket through this Website, you will also receive an email and/or electronic message which will (among other things) provide you with a summary of your order details (including a confirmation of the total price due). This email and/or electronic message does not constitute a contract of sale but merely a summary of the order details which are still being processed. Unless we receive any information from you to the contrary, we will assume that the details of your pending reservation(s) as indicated in the email are correct.

1.3. A contract for the sale of any Ticket(s) you order from us (the ‘Sale Contract’) is only created once we have received full payment for your order (via a payment gateway available on our Website or any other form of payment that we may indicate from time to time) and once you receive the Tickets (either in electronic and/or physical form). This does not apply to normal bookings for our restaurant services. In case of such bookings, once a request is received appropriate information will be provided to you. Late cancellations (less than two (2) hours before the date and time booked) may incur charges as will be communicated to you by us upon being informed of the cancellation.

1.4. Once the Tickets ordered from our Website are delivered to you (either in electronic and/or physical form), we will send you another email and/or electronic message with various details depending on the nature of the transaction in question (including, as the case may be, cash sales, invoices, delivery notes, period of validity of the Ticket(s), [where applicable] electronic signatures and any additional terms and conditions). You should print any such correspondence and keep it in a safe place for future use.

1.5. All orders (including bookings for our restaurant services) are subject to availability and acceptance by us. Should we be unable to accept your order for any reason (including but not limited to restrictions in terms of Clause 2.1 and/or Clause 2.2 below), we will contact you directly (either via email or by phone) where more details will be provided.

1.6. To the full extent permitted by law, we reserve the right to refuse any order made by you for whatever reason.

1.7 We will not be legally bound by any factual or typographical errors on the Website or other promotional materials.

1.8 Although we accept requests for special reservation of the Venue for Special Events, this will be regulated by specific terms and conditions that will be communicated to you (together with a price) prior to any amounts being due on your part. The tailor-made terms and conditions regulating any such Special Events will depend on various factors (such as number of visitors, special requirements and involvement of third parties) and therefore cannot be reproduced here in advance. A contract regulating such Special Events and giving rise to a payment obligation on your part will only be deemed validly formed once both you and us have duly signed the above-cited contract.

 

  1. SERVICE AVAILABILITY

2.1. Special requests as contemplated in Clause 1.8 above are subject to availability and are subject to our exclusive discretion. We cannot guarantee that the Venue will be available for any such Special Events and customers are urged to inform us well in advance of any such special requests so that we may try to accommodate them whenever feasible for us.

2.2. Some restrictions (relating, inter alia, to delivery of any Tickets available from this Website) may be placed on orders from certain countries or regions at any given time. The restrictions will be visible prior to your effecting payment via our payment gateway. For further details of such restrictions at the time of placing an order from this Website, kindly contact us at info@aquarium.com.mt or by phoning on (+356) 2258 8100 (during normal office hours) prior to placing your order.

2.3. By placing an order through this Website you warrant that you eighteen years of age or older and that no legal impediment of any kind prevents you from contracting with us in any way.

2.4 Should you fail to bring your purchased Ticket with you when visiting the Venue or any location where any Special Event may be held, we cannot guarantee that you will be allowed entry to the same.

2.5 the Venue’s operational hours are displayed on our Website and at the Venue itself. Users should check for such opening hours before visiting the Venue. If you are not sure that the Venue will be open on the day you plan on visiting it, please check for any notices on the Website and if necessary kindly contact us at info@aquarium.com.mt or by phoning on (+356) 2258 8100 (during normal office hours) prior to placing your order.

 

  1. PRICE AND PAYMENT

3.1. The price of the Tickets/Services 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.

3.4. The full price you will pay for the Services is the price for those specific Services as appearing on the Website at the time of 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 purchased from this Website (including purchase of Tickets for access to the Venue and any Special Events hosted therein) shall be exclusively by PayPal.

3.7. Café del Mar Malta uses the PayPal Payment Gateway. All personal details are encrypted and no credit card details are stored by Café del Mar. While we have endeavoured to make payment as secure as possible, the user understands that some risks may still exist and that any loss of personal data cannot result in liability to the Malta National Aquarium. Upon using PayPal services, you shall be subject to the PayPal User Agreement https://www.paypal.com/us/webapps/mpp/ua/useragreement-full. For more information on privacy issues please read our Privacy Policy.

 

  1. RIGHT OF WITHDRAWAL & ADDITIONAL TERMS

4.1. You have the right to withdraw from the Sale Contract within 14 days without giving any reason.

4.2. 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, physical possession of the Tickets (in electronic form or physical form as the case may be).

4.3. To exercise the right of withdrawal, you must inform us of your decision to withdraw from the Sale Contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). Alternatively, you may choose to use the model withdrawal form included in Clause 4.10 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.

4.4. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

4.5. If you withdraw from the Sale Contract, 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. For the avoidance of all doubt, should you use any purchased Ticket to gain access to the Venue and/or any event related thereto, your right to withdrawal (if still active) shall be relinquished and no refund of any kind will be due.

4.7. You are responsible for the correct details that you submit including correct date and time (when asked to provide such information). We cannot be held responsible for any customer errors.

4.8. By purchasing Tickets online you warrant that the Tickets are for your personal enjoyment only and are not for resale.

4.9. Certain Special Events may be subject to third party terms and conditions.

4.10. Model withdrawal form:

(complete and return this form only if you wish to withdraw from the contract)

— To Marine Aquatic Limited (C 52988), Malta National Aquarium, Triq It-Trunciera, Qawra, St. Paul’s Bay SPB1500, 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): __________________________

—Date: __________________________

(*) 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 and

– which Ticket(s) you wish to withdraw (please provide as many details as possible so that we may identify the Ticket(s) in question)

  1. PROMOTIONS

5.1. All promotions online are subject to removal without notice (without affecting any promotions that you may be entitled to benefit from).

5.2. All promotions are on a “While Stocks Last” basis.

5.3. No Ticket price is guaranteed until the Ticket is purchased

5.4 No price as offered by us for the holding of any Special Events is guaranteed until the contract mentioned in Clause 1.8 is duly entered into by both us and you.

  1. LIABILITY AND DISCLAIMER

6.1. We are fully committed to providing you with the best possible service as expeditiously as possible.

6.2. Having 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, the supply of Services (including Tickets) or the use of such Tickets or resale by you, and our entire liability under or in connection with the provisions of the Services shall, under no circumstance, exceed the price of the Tickets (or the price paid for any Special Events as contemplated by Clause 1.8 above), except expressly provided in these conditions.

6.3. Nothing in these Terms shall restrict any mandatory statutory rights you may enjoy under any applicable law.

6.4 Our website may contain links to third party local and international websites. Please note that such links are not an endorsement by us of any information, products or services in such websites and we shall not accept any responsibility whatsoever for the content, use, availability, privacy practices or the content of any such websites. Please note that upon linking to such other websites, you will no longer be on our website and you will become subject to the Privacy Policy, if any, of such other website.

  1. VENUE TERMS AND CONDITIONS

7.1.1 Although we strive to take all reasonable precautions to guarantee your safety and enjoyment whilst visiting the Venue, you recognise and understand that visiting the Venue 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 Venue, 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 your visit to the Venue and/or any events and/or activities organised by Café del Mar 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 Venue 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 Venue 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 Café del Mar Malta’s policies below relating to the Venue:

  1. Lost or Stolen Items

Café del Mar 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 Café del Mar Malta. If the item is not recovered, you may leave relevant contact information.

  1. Alcohol and Smoking Policy
  2. Visitors are not allowed to bring alcoholic beverages into the Venue at any time.
  3. Café del Mar Malta is a smoke-free building. Smoking is not permitted on the Venue grounds or in the surrounding areas except as may be authorised by appropriate signage.
  • Food and non-alcoholic beverages
  1. Food and beverages shall not, under any circumstances, be brought into the Venue without the prior explicit consent of Café del Mar Malta.
  2. Food and beverages are available from Café del Mar Malta (only at specific and designated areas). Please note that additional costs may apply.
  1. Conduct Expectations for Visitors

To make sure everyone’s visit is enjoyable, we ask everyone to adhere to the following guidelines during the visit:

  • One adult is required for every five children 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;
  • Children are not permitted to play on stairways or elevators and are expected to be respectful to others;
  • Children may under no circumstances use the pool and/or showers unless accompanied by a parent or guardian.
  • No running or yelling is allowed inside the Venue and especially by the pool (where water may inevitably collect in certain areas)
  • No food or drink is allowed outside designated eating areas;
  • Please do not go to floors or zones that are off limits at the Venue;
  • Please do not move out of the designated areas as this may create a health and safety concern in case of emergencies.
  • Please follow all directions and instructions as may be provided by Café del Mar staff or signage.

 

7.1.2. Failure to comply with the terms and conditions will result in admission being refused or denied, or in being expelled, without any refund. All visitors who are refused or denied admission or are expelled, are obliged to immediately leave the grounds.

  1. INDEMNITY

8.1. You agree to indemnify, defend and hold harmless Marine Aquatic Limited, 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 and conditions (including breach of our Venue terms and conditions as explained in Clause 7 above), your conduct (and the conduct of any minors under your care) at the Venue, 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).

  1. WRITTEN COMMUNICATIONS

9.1. 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.

  1. NOTICES

10.1. All notices given by you to us must be given to us at info@aquarium.com.mt. 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.

10.2. 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.

  1. TRANSFER OF RIGHTS AND OBLIGATIONS

11.1. 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.

11.2. You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.

11.3. 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.

  1. EVENTS OUTSIDE OUR CONTROL

12.1. 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”).

12.2. 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:

12.2.1. Strikes, lock-outs or other industrial action.

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

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

12.2.4. Impossibility of the use of shipping, aircraft, motor transport or other means of public or private transport.

12.2.5. Impossibility of the use of public or private telecommunications networks.

12.2.6. Impossibility to host certain Special Events due to third party acts or omissions or inclement weather.

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

12.3. 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.

  1. WAIVER

13.1. 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 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.

13.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.

13.3. 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 9 above.

  1. SEVERABILITY

14.1 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.

14.2 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.

  1. ENTIRE AGREEMENT

15.1. 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 the subject matter of the contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

15.2. 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.

15.3. 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.

  1. JURISDICTION

16.1 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.

16.2 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.

 

17 GOVERNING LAW

17.1 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.

 

  1. AFTER-SALE SERVICE

18.1. Questions, comments or requests regarding these Terms or any of our Services should be addressed to: info@aquarium.com.mt or by phoning us on (+356) 2258 8100 (during normal office hours).

18.2. If you have any formal complaints these should be addressed in writing to Marine Aquatic Ltd, Malta National Aquarium, Triq It-Trunciera, Qawra, St. Paul’s Bay SPB1500, Malta.

Last updated on 12th June 2017