In using this web portal the user indicates his/her agreement to be bound by these Terms and Conditions. The user acknowledges and accepts that The Malta Tourism Authority (MTA) may from time to time alter any part of this web portal, or any of the services or products provided in this web portal, as it thinks adequate and fit, at any time and without notice to the user.
These Terms and Conditions shall be deemed to include any other policies contained on the web portal from time to time, including but not limited to, rules relating to privacy policy as detailed here. This privacy policy is expressly incorporated into the Terms and Conditions of this web portal.
In the event that any of terms and conditions contained herein shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term and conditions shall to that extent be severed from the remaining terms and conditions, contained herein which shall continue to be valid to the fullest extent permitted by law.
These terms and conditions shall be governed and construed in accordance with Maltese law and all disputes relating to the performance or interpretation of any term or conditions contained herein shall be subject to the exclusive jurisdiction of the Maltese Courts and Tribunals.
Terms and Conditions on
Sporting Activities
Our web portal contains information about activities which require physical exertion and a degree of physical fitness. MTA shall have no liability towards any person for any loss or injury (including but not limited to personal injury and consequential loss) suffered while participating in such sporting activities described or referred to in this web portal. MTA does not make representations of fact, nature, quality or suitability of any of the sporting activities described on this web portal. The user is responsible for informing himself (or herself) of any and all inherent risks, of the degree of physical fitness required for the various activities described, seeking professional medical advise when in doubt. The material and information provided relative to sporting activities is given for information purposes only, and gives no warranty as to the safety and security of such activities.
Information on
Service Providers
VisitMalta provides information on businesses, companies and service providers (the ‘Operators’). Although the information provided on the web portal was supplied by the Operators themselves and to the best of our knowledge is correct, in placing their details on the web portal, MTA does not make any representation as to their currency or accuracy. MTA disclaims liability and responsibility for any and all loss, damage, or inconvenience suffered by any person, company, corporation or partnership or other entity as a result of use of such contact and descriptive details, as provided in this web portal. Anyone proposing to use or rely on such information should seek confirmation of the accuracy and currency of such information directly from the Operator concerned. The user hereby agrees that the use of the information provided therein is at his/her own risk and responsibility.
MTA shall not be liable for any damages (including but not limited to damages resulting from loss of business or loss of profit) arising in contract, tort or otherwise, from the use or inability to use this web portal, or any link contained therein, or from any action or decision taken as a result of using such web portal or any link, material or information contained therein. The same applies to any information about third party products and services contained in electronic news bulletins or other forms of communication issued by VisitMalta, or any links contained therein.
Consent
When buying tickets and/or attending an event by VisitMalta or an event partially organised by VisitMalta, I am granting permission to VisitMalta and/or event organisers for the use of photographs or electronic media images or any other type of media taken during the event, in any presentation of any and all kind whatsoever. I understand that I may revoke this authorisation at any time by notifying [email protected] in writing. The revocation will not affect any actions taken before the receipt of this written notification. Images will be stored in a secure location and only authorised staff will have access to them. These will be kept as long as they are relevant and after that time destroyed or archived.
Booking Terms for the VisitMalta
Event Ticketing Platform
- www.visitmalta.com is an innovative website that offers events and venues tickets. www.visitmalta.com is operated by the Malta Tourism Authority, with its registered office address at Building SCM 01, Suites 301-306, SmartCity Malta, Ricasoli SCM 1001, Kalkara, Malta. (“VisitMalta”, “we” or “us”).
- VisitMalta does not itself own or supply all of the tickets sold on our website. Some sales are sold by us as agent for the individual service providers and your contract(s) is/are with the individual service provider(s). You may have more than one contract for your booking and the individual service providers’ terms and conditions will apply to each contract. We advise you to read all contract terms carefully as they contain important information about your booking. Please ask us for copies if you do not have them. The booking arrangements that we make with suppliers on your behalf are subject to these Booking Terms and by making a booking with us you agree to be bound by these terms.
- If you buy a ticket on our website we act solely as an agent in making arrangements on your behalf and your contract is with the organiser or supplier, as applicable. Section A of these Booking Terms applies to your booking.
- Our Booking Terms form part of our contract with you and are legally binding so please read them carefully.
- References to “you” and “your” in these Booking Terms include the first-named person on the booking (see section 2.5 below) and all persons on whose behalf a booking is made or any other person to whom a booking is transferred.
Sales
This Section A is applicable to all sales by VisitMalta. We act as agent for the supplier for some sales or act as a supplier for some sales:
- How to book
- All tickets are subject to availability. Organisers and suppliers supply us with a limited number of tickets for sale within a limited sales period and so we only have a limited number of tickets available at the prices indicated.
- To make a booking for your ticket, simply follow the instructions on our website to select the number of travellers and ticket category for the event or venue. The tickets and services are priced individually and will be shown as you make your selection; the total price for the individual services that you have selected will be shown when you have finished making your selections and are ready to check-out. You must select the “Pay Now” button to proceed to the payment and check-out page. All tickets and other services are payable in full on booking. Payment must be made in accordance with clause 4 below and as indicated on the website.
- A contract is only formed once we have issued you with an email booking confirmation setting out the full details of your tickets and any other services booked. We will only issue your booking confirmation once full payment has been received. Please check your booking confirmation carefully and contact us immediately at [email protected] if anything on the booking confirmation appears to be incorrect or incomplete.
- Your contract will be with the individual service provider and the terms and conditions of that individual service provider will apply to the service being provided. Accordingly, where you purchase more than one service, there will be more than one contract. We advise you to read carefully the terms of the provider(s) of your booking as they contain important information. Please ask us or copies if you do not have them.
- The person who makes the booking will be deemed to be the lead name for the booking and will be listed as the contracting party on the booking confirmation. The lead name will be responsible for ensuring that all payments are made (although payments can be accepted from other names on the booking) as well as advising us of any amendments or cancellations. We are only authorised to accept amendments and cancellations notified to us by the lead name in writing including by email. Any cancellation or amendment of a ticket or other service may involve an amendment or cancellation charge (see clause 7 below. By making the booking the lead name confirms that he/she:
- has read these Booking Terms and is authorised to, and agrees to, enter into a contract with the respective service providers in accordance with their terms and conditions on behalf of all parties named in the booking;
- consents to our use of information in accordance with these Booking Terms and our Privacy & Cookies Policy;
- is over 18 years of age, and where placing an order for tickets or other services with age restrictions, declares that he/she and all members of the party are of the appropriate age to purchase those tickets or services.
- Price of your ticket
- The price of your ticket, the ticket booking fee is set by the service providers and are displayed on the website. Full details of what is included in the price of your ticket are shown on our website. Anything not specifically described on our website as being included in the price is extra, and you will need to pay the organiser or supplier, directly for any services not included in the price of your ticket.
- The price of tickets, the booking fee advertised on our website may be changed at any time before you book. The price of the ticket including the booking fee and each additional service that you wish to purchase will be confirmed before you proceed with the booking, together with any applicable taxes, such as eco-tax, and fees.
- Payment and fees
- In order to make a booking, you must pay the total price of your ticket and any other services that you have selected in full at the time of booking, together with the booking fee set by the service provider. No booking confirmation will be issued until the full amount has been received.
- We accept most credit and debit cards as well as other forms of payment.
- We take all reasonable care to ensure that our website is secure and to ensure that it is not possible for any third party to access your payment or other personal information. However we cannot be held liable in the event that any third party obtains personal data or information in an unauthorised manner, unless due to our own negligence.
- By entering your payment details, you confirm that the payment details belong to you. All credit and debit cardholders are subject to validation checks and authorisation by the card issuer. If your card issuer refuses to authorise payment, we will not be able to process your booking.
- If you select our Payment Plan option the Payment Plan Terms will also apply to your payment and booking.
- In addition to any booking fee set by the service provider, we charge a small fee for the majority of bookings made, including those using the Payment Plan method of payment. All such fees are used to cover the cost of setting up and managing the Payment Plan, as well as the marketing, promotion, distribution and other costs involved in offering packages to some of the world’s biggest and most exciting festivals. All booking fees are disclosed before completing payment to ensure you are aware of the total cost before committing to a booking.
- Festival tickets
- Entry into the event or venue is only permitted on production of a valid ticket or pass. We will supply tickets to you in advance of the event date or the tour date, but we cannot supply your ticket until we receive them from the organiser or supplier. Accordingly, if we issue you with an e-ticket, you must bring that e-ticket and present it at the check-in point in order to gain entry into the event or venue. You must use the e-ticket issued in your name and no other e-ticket. You must not allow others to use your e-ticket. If someone else has used your e-ticket you will not be allowed entry. The organiser or supplier may refuse you entry if you fail to produce any of the applicable aforementioned documents. See the organiser’s terms and conditions. VisitMalta shall not be liable for any refusal of admission on the basis of failure to produce valid documentation.
- Customers must comply with last entry times, codes of conduct and all other requirements of the organiser or supplier who has the absolute right to determine entry. VisitMalta shall not be liable for any non-admission by the organiser or supplier.
- Artists and attractions included in the event programme may be subject to change. We will advise you of any changes as soon as advised by the organiser or supplier. The terms and conditions of the organiser apply to any changes and changes are generally not refundable.
- Tickets are generally non-refundable and non-transferable unless the event is cancelled or re-scheduled by the organiser in accordance with the event terms and conditions.
- Cancellations and amendments by you
- Please note that most tickets are non-refundable and the booking fee is always non-refundable. If you wish to cancel the ticket or any other service that you have booked after your email booking confirmation has been issued, you must notify us in writing and cancellation shall not take effect until the notice is received by us. You will be required to pay to us any applicable cancellation fees that are charged by the organiser or operator as set out in their respective terms and conditions. Where tickets are non-refundable, this will mean the supplier will retain your full booking payment, including the booking fee, as a cancellation charge. If you do not arrive at your booked venue by the time/date printed on your booking confirmation, this is usually deemed to be a cancellation by you and no refund will be payable to you.
- In some exceptional cases, the organiser or supplier might allow us to process a name change for a ticket. An administration fee will be charged for a name change (currently generally €20.00 but may be more depending on the supplier) for processing the name change. To arrange this, you will need to contact us as soon as possible.
- If, after the booking confirmation has been issued, you wish to change your accommodation booking, we will make an effort to help you do this subject to availability and subject to any cancellation or amendment charges of the hotel (details of which will be provided to you on request at any time including prior to booking). However, in order to secure preferable rates, please note that most of our hotel bookings operate on a non-refundable basis. An administration fee will also be charged for any changes (generally €20.00 but may be more depending on the supplier).
- If you have taken out travel insurance and the reason you are cancelling is covered by that insurance, you should be able to obtain reimbursement of any cancellation charges from your insurance company (after payment of any deductible). However, you must pay us the charges first and obtain written confirmation of your cancellation from us before making any insurance claim. See Clause 89, Insurance.
- If you have purchased Booking Protect, check the terms and conditions of Booking Protect to see if you are able to claim a refund. See Clause 89, Refund protection.
- All fees are not refundable in the event of cancellation of the event or other services that you have purchased. This includes any payment plan, transaction and dispatch fees. For incomplete payment plan orders, we will recover all fees from any payments already made. In some cases, we may deduct a refund fee to cover our processing and administration costs.
- Complaints
- If you have a problem while you are at the event or venue entry, you must report this to the organiser or other relevant supplier without undue delay who will endeavour to put things right. If it is not resolved locally, please follow this up after your return home, ideally within 28 days, by contacting us at [email protected] giving your booking reference and all other relevant information and we will attempt to remedy your complaint with the supplier on your behalf. If you fail to follow this procedure, there will be less opportunity to investigate and rectify your complaint and this may affect your rights under your contract. If the matter cannot be resolved, you can contact the Malta Competition and Consumer Affairs Authority on mccaa.org.mt.
- Insurance and refund protection
- We strongly advise that you take out a policy of insurance to cover you and your party against, as a minimum, the cost of cancellation by you, and if you are travelling outside the Maltese Islands for the event or site, the cost of medical assistance and repatriation in the event of accident or illness, loss of money, and other expenses.
- In addition, you can protect your tickets with booking refund protection, “Booking Protect”, which you can choose to purchase at the time of booking. Booking Protect provides you with a refund of your booking payment in case you are unable to attend the event in a range of circumstances outside of your control including (but not limited to) death, injury or illness, burglary or fire at your residence 48 hours prior to the event, adverse weather conditions and jury service. Full terms and conditions of the Booking Protect refund protection scheme are provided on our website. Booking Protect is a product provided by Booking Protect Limited, a company registered in England and Wales under company no. 08968744. Booking Protect is an appointed representative of JSV Events Limited which is authorised and regulated by the Financial Conduct Authority. Refund applications will be processed by Booking Protect in accordance with their terms and conditions.
- Health and safety
- You must comply at all times with all health and safety requirements of the event organiser or site operators. If you breach any of these requirements or your behaviour or conduct, in the reasonable opinion of the supplier, causes or is likely to cause danger to, upset or distress anyone else or damage to property, you may be refused travel or entry. Neither we nor the supplier shall, at any time be held liable in these circumstances and no refunds shall be given.
- Passport, visas, health and security
- If the event or site is located outside of the Maltese Islands you will need a valid passport to travel. Most countries require a minimum validity of at least 6 months after your return date for passports. A visa may also be necessary. Please contact us for any general information about passports and visas that you may need, however, it is your responsibility to ensure that you have the required passport and visa for your destination country. Neither we nor any supplier shall be held responsible and / or liable if you are refused travel or entry in the destination country because you have not complied with any passport, visa or immigration requirements.
- Health requirements for travelling abroad change and you should check the up-to-date position in good time before departure by checking the travel advice section of the Department of Health’s website or by checking the recommended practice with your GP, practice nurse or travel health clinic. We can provide you with general information about health formalities, but you should check with your own doctor for your specific circumstances. If you are visiting a European Union (EU) country, you should obtain a European Health Insurance Card (EHIC) and take it with you when you travel. The EHIC can be obtained free of charge by completing an application form available. Please note, the EHIC is in addition to Travel Insurance, not instead of it.
- Special requests and medical problems
- If you have any special requests, you must advise us at the time of booking. We will pass on any reasonable requests on to the supplier, but we cannot guarantee any request will be met.
- If you or any member of your party has any medical problem or disability that may require assistance, please tell us before you book, or if diagnosed after you confirm your booking, as soon as possible after you become aware. If the supplier in question reasonably feels unable to properly accommodate the particular needs of the person concerned due to health and safety concerns, the supplier reserves the right to decline your booking or, if full details are not given at the time of booking, cancel when the supplier becomes aware of these details. Extra charges may apply to special arrangements put in place on your request. These will be advised to you at the time of booking.
- When you make a purchase on our website, we will collect your personal data such as name, address, date of birth, passport number and email address to make arrangements for your booking and otherwise as necessary to fulfil the contract for your booking. When required by the travel providers (such as the organiser) in order to confirm your booking and to fulfil their part of your event or site contract, your personal data may be shared with them. Your personal data may be shared with external companies such as payment providers; ticketing providers; customer services providers and administration services providers as necessary to arrange your travel services. The personal data that we collect and share for the purpose of arranging your travel services may also include health or mobility information. We will ask for your explicit consent to process and share that information for the purpose of arranging your travel services at the time you provide that information to us.
- In any case, all personal data will be handled in compliance with all applicable data protection and privacy laws and regulations, including the EU Directive 2016/679 – the General Data Protection Regulation (GDPR).
- Before sharing any of your personal data with our suppliers and external providers, who shall all be bound by a statutory obligation of confidentiality, will ensure that your data will be kept secure in accordance with the Data Protection Laws.
- We or the supplier may also need to provide your personal information to security or credit checking companies, credit and debit card companies, regulatory or public authorities such as customs or immigration if required by them, or as required by law.
- We may have to send your personal information to countries outside the European Economic Area (EEA) where controls on data protection may not be as strong as the legal requirements in this country. Whenever we transfer your personal data outside of the EEA, we ensure a similar degree of protection is afforded to it by ensuring appropriate safeguards are implemented:
- We will store all personal data in our systems for as long as is necessary and in accordance with any legal, regulatory or professional requirements. We shall securely destroy the personal data after the lapse of the applicable retention period.
- Changes to your booking or cancellation by supplier
- Your rights in relation to any change to your booking or cancellation by the supplier are set out in the supplier’s booking conditions. Artists and attractions included in the event programme are subject to change. We will advise you of any changes as soon as advised by the event organiser or supplier. Changes may not be refundable – see the event’s terms and conditions.
- As agent it is our responsibility to notify you as soon as possible of any changes of which the supplier makes us aware so that you may exercise the rights available to you under the supplier’s booking conditions. Where any refund or other payment is due to you from the supplier, our responsibility is to pass this on to you as soon as possible after receiving it from the supplier. We shall have no further responsibility or liability to you in relation to any change to or cancellation of the booking.
- Our responsibility to you
- As agent we promise to provide our agency services to arrange your ticket that you purchase with reasonable care and skill. We have no other liability in relation to the event and the other services that you purchase on our website. Your contracts with the organiser and each of the other suppliers will set out their liability in relation to the services that they are providing to you.
- Governing law and jurisdiction
- Our Terms of Business are governed by and shall be construed in accordance with Maltese law. The courts of Malta shall have jurisdiction to decide any dispute or claim that arises out of or in connection with these Booking Terms.
- Contract transfers
- You have rights under the Regulations to transfer your ticket to another person provided that you give us 7 days’ notice. However, due to the strict rules of the organisers and suppliers, who rarely allow ticket amendments, we may not be able to provide a transfer of your ticket (and which case your instruction to transfer would be treated as a cancellation and booking of a new ticket, such that the organiser’s cancellation charges would apply). We reserve the right to charge an administration fee for organising a transfer of contract.
- Cancellation by you
- In addition to your rights under Section A, you have the right to cancel your ticket paying cancellation charges if the performance of your event, or the carriage of passengers to your destination, is significantly affected by Unavoidable and Extraordinary Circumstances (as defined in clause 19.3 below). On receipt of your cancellation notice due to Unavoidable and Extraordinary Circumstances we are obliged to provide you with a full refund.
- Changes to your booking or cancellation by us
Changes to your booking by us:
- It is a term of your booking that we are able to make changes to any aspect of your booking on behalf of the suppliers. We will try to keep changes to your booking to a minimum and we will advise you of any changes to your booking at the earliest possible date.
- If, before you have received your booking confirmation, a change is made to the ticket that you have requested, we will notify you and you have the right to accept the amended ticket or to reject the amended ticket and take a full refund. There shall be no further liability to you other than to refund the ticket, as no contract shall have been formed between you and the supplier.
- If, after you have received your booking confirmation (at which point your contract with the supplier has been formed) the supplier is constrained by circumstances beyond its control to significantly alter any of the main characteristics of the travel services that make up your ticket, you will have the rights set out below:
- We will contact you and you will have the choice of accepting the change or having a refund of all monies paid. You can also accept an alternative ticket where this can be offered (any price difference will be refunded if the alternative is of a lower value). We will tell you the procedure for making your choice. Please read any notification of changes carefully and respond promptly, as if you do not respond to us within the timescale given, your booking may be cancelled;
- If you choose to accept a refund, this will depend on the Event Organizer where the significant change is due to unavoidable and extraordinary circumstances, which means a situation beyond our or a travel service provider’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken.
- We do not regard a change of festival line-up or similar minor change as a significant alteration.
Cancellation of your booking by us:
- If your ticket is cancelled by the service provider you can either have a refund of all monies paid or accept an alternative trip of comparable standard from us if we offer one (we will refund any price difference if the alternative is of a lower value)
- In the event a refund is paid to you, we will pay compensation depending on the Event where the cancellation is due to Unavoidable and Extraordinary Circumstances (as defined above).
- The compensation that we offer does not exclude you from claiming more if you are entitled to do so.
- Our liability to you
- As Organiser of your ticket we promise to make sure that all services that form part of your contract with the suppliers are provided with reasonable skill and care. This means that, subject to these Booking Terms, we will accept responsibility if the suppliers fail to perform or improperly perform your ticket package.
- You must inform us without delay if you wish to make a legal claim against us. See clause 7 – Complaints.
- We will not be liable for any injury, illness, death, loss (for example, loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: (a) the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party; (b) the act(s) and/or omission(s) of a third party unconnected with the provision of your booking and which were unforeseeable or unavoidable; or (c) Unavoidable and Extraordinary Circumstances (which means a situation beyond our (or our suppliers) control, the consequences of which could not have been avoided even if all reasonable measures had been taken).
- We do not accept responsibility or liability for any services that do not form part of our contract with you. This includes, for example, any additional services or facilities which the hotel, festival organiser, transport operator or any other service that a supplier agrees to provide for you (such as an excursion or activity) and where the services or facilities are not advertised on our website as being included in the price of your ticket and we have not agreed to arrange them.
- The promises made to you about the services we have agreed to arrange as part of our contract and the laws and regulations of the country in which your claim or complaint occurred will be used as the basis for deciding whether the services in question were properly provided. If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and regulations of Malta that would have applied had those services been provided in Malta. The exception to this is where the claim or complaint concerns the absence of a safety feature, which might lead a reasonable customer not to book the services in question.
- We do not accept any liability for any damage, loss, cost, expense or other sum(s) of any description (a) which, on the basis of the information you provided to us prior to our confirming your booking, we could not have foreseen you would suffer or incur if we breached our contract with you or (b) which did not result from any breach of contract or other fault by ourselves or our employees or our suppliers. In addition, we do not accept liability for any business losses, including loss of profit, or any losses that do not arise directly from our breach.
- Assistance
- If you’re in difficulty whilst on holiday and ask us to help we will provide appropriate assistance, in particular by providing information on health services, local authorities and consular assistance; and helping you to find alternative arrangements and any necessary phone calls/emails. You must pay any costs we incur, if the difficulty is your fault.