General Terms and Conditions of Service
Our website address is: https://tuta.mt
1. General information
The following General Terms and Conditions (GTC) become an effective part of a number of contracts with the TUTA AGROTOURISM, in particular for the rental of apartments (accommodation contracts). Individual contracts and agreements may take precedence over these GTC in individual cases. For other services of TUTA AGROTOURISM, these GTC also apply accordingly if no special agreements have been made.
Whenever “we”, “us” or “our” is used in the following, this refers to TUTA AGROTOURISM as a legal entity.
2. Reserve and Book
Booking process
Our advertisements and our special booking information are invitations to you, as a guest, to make offers (Invitatio ad offerendum). With the booking/booking request, you are making an offer to us to conclude an accommodation contract. If the booked or requested apartment is available, you will receive a reservation confirmation from us. This confirmation constitutes the acceptance of the accommodation contract, whereby the contract comes into effect. We may refuse to conclude the accommodation contract at our discretion.
If the contract is validly concluded, we are obliged to provide the booked accommodation service. In return, you are obliged to pay the agreed accommodation price and legitimate fees to us, TUTA AGROTOURISM.
Booking conditions
You do not have a right to be accommodated in a particular apartment. We reserve the right to provide you with an equivalent apartment should operational or external reasons make it necessary.
We make use of restrictions customary in the industry, such as f.e. minimum stays.
3. Cancel and Change
In principle, we grant you the right to withdraw from the concluded accommodation contract at any time. The following cancellation conditions explain the costs you may incur.
In order to cancel your booking, you must give us written notice of cancellation. This is also possible electronically by email or other contact form. Cancellation is free of charge up to 30 days before arrival. Up to 7 days before, we will refund 60% of the total booking amount. The refund of the total amount or the partial amount after the deduction of the cancellation fees will be paid to the payment method used for the payment of the booking.
We are entitled to withdraw from the accommodation contract with you or to cancel your booking if prices and charges (listed in clause 5) or other outstanding payments, also from other bookings, are not made or not made in time. Other grounds for cancellation are those listed in clause 11.
In order to change your booking, you must also inform us in writing (by email or other contact form). Changes and additions to services can be made by telephone if necessary. Changes of dates are free of charge up to 30 days before the date of arrival. The accommodation price of the booked and the targeted overnight stays can be different. The difference will either be refunded to the payment method used for the booking or invoiced to you. The success of changing your booking may be subject to the availability of our apartments or other operational and external constraints.
4. Share and Rate
You can get in touch with us via various digital platforms and share your experiences in text and audio-visual form. These platforms include Facebook, Instagram, Expedia, Booking and our own website. These posts and reviews are usually publicly available. The comments should be accurate and must not contain wording of a discriminatory, offensive or defamatory nature. We, the TUTA team, welcome your feedback and look forward to staying in touch with you during and after your stay.
5. Prices and Fees
Overnight prices
The accommodation price will be shown by us in the advertisement for specific dates. The price shown at the time of conclusion of the contract is deemed to be the agreed price. This is the gross total price and accordingly already includes statutory taxes, fees and charges. Local taxes that are owed by the guest according to local provisions, e.g. visitor’s tax, will be charged separately.
In case of changes and effective introduction of new taxes, fees and charges we reserve the right to change the prices. This is not possible within 4 months after the contract enters into effect.
Deposit
For bookings of more than 7 days/overnight stays, you are required to pay a security deposit prior to arrival, which secures our claims arising from the accommodation contract. This security is regularly a deposit, the amount of which is 50% of the booking amount for the first 7 days. In the case of a booking for more than 20 nights, the deposit amounts to 100% of the booking amount for the first 20 days.
If the deposit is not paid before arrival, you have no claim to the handover of the apartment. If this is done, we have the right to terminate your contract without notice if the deposit is not paid within one week after you have moved into the apartment.
We are obliged to return the security deposit to you within one calendar month after the end of the occupancy period and the accommodation contract. This will be done in the manner and to the account from which the security was paid, e.g. transfer to bank account.
Other fees
Other charges may arise in individual cases due to booking and arranged additional services, such as early check-in, or breach of contract, such as hosting a party. The rules in this respect are set out in these General Terms and Conditions.
6. Terms of Payment
Invoice and payment process
The total accommodation price agreed in the accommodation contract is to be paid in advance. The currency to be used is exclusively Euro. Possible bank charges are to be borne by you.
In principle, we will provide you with an invoice via download or via e-mail. Should you wish to receive the invoice by post, it may take longer until you receive the physical invoice for organisational reasons. We reserve the right to issue the physical invoice with a signature or a company stamp.
If fees for additional services or due to violation of the general terms and conditions arise after conclusion of the contract, we reserve the right to charge the outstanding amounts to the means of payment deposited by you. An offset by you is only legal if an undisputed and legally established claim exists.
Means of payment
We accept credit cards and (instant) bank transfers as means of payment on request. Cash payments are generally not accepted.
Vouchers and discounts
TUTA AGROTOURISM vouchers and discounts can only be redeemed for our services. You cannot return, resell, transfer or redeem vouchers and discounts for cash. You, as the purchaser or beneficiary, are responsible for the accuracy of the information provided (name and email address).
If you do not use the full amount of the voucher for your booking, the remaining amount will be available for your next booking. You can cancel the purchase of the voucher. To do so, you must submit an informal declaration of revocation to us within 14 days without giving reasons. This declaration can be sent to us, TUTA AGROTOURISM, by letter, e-mail or in any other form, or by returning the physical voucher to us in due time. The cancellation period begins when this cancellation policy and the voucher has been received by the beneficiary.
7. Terms of use of the rooms
Check-In and Check-Out
Check-in is possible from 15:00pm on the day of arrival. The check-in details will be sent to you on the day of arrival. To check in, you will need to fill in the online form and provide personal data for identification purposes. An earlier arrival (early check-in) can be arranged in advance. Should we be able to facilitate an early check-in, a fee will be charged for the additional use and the necessary organizational measures. You can leave your luggage in the luggage area at the reception by prior arrangement with us. There is no contractual entitlement to an early check-in or to the storage of luggage.
Check-out must be carried out by 10:00 a.m. on the day of departure. By arrangement, the departure can be postponed (late check-out). A fee will also be charged for this additional use. Again, there is no contractual entitlement to a late check-out.
Key
You, as Guests or contracted service providers, are responsible for the confidentiality of access codes, and keys for the entire period in which they are left with you. On the day of departure, the key should be returned to us or an appointed third party or deposited in a designated place in the accommodation or the immediate vicinity. In case of loss or non-return, a compensatory fee of € 50.00 will be charged. We are also entitled to demand compensation for any damage arising from the non-return, insofar as this exceeds the fee.
Internet use
In our accommodations, we provide internet access via Lan and/or Wifi according to technical and operational possibilities. We are not responsible for any disruptions due to force majeure, maintenance work or similar reasons.
You are not allowed to pass on the access data of the provided internet connection to third parties. You are liable for any damage to us and third parties resulting from such disclosure.
You may not misuse the internet connection. In particular, the use of the Internet access to download and distribute copyright-protected content, to use illegal streaming offers or to post, retrieve or transmit content relevant under criminal law is prohibited. You shall indemnify us on first demand against all legal claims, claims for damages and costs of legal defence arising from the unlawful use of the Internet access provided by you or, with your knowledge, by third parties. This applies in particular to claims arising from the violation of data protection regulations, copyright, patent, trademark, name or personal rights. We reserve the right to block Internet access in the event of legal violations.
Non-smoking policy
Our accommodations are non-smoking rooms. Accordingly, smoking is completely prohibited in bedrooms, common rooms, corridors and communal areas. Should this be contravened, we will charge a fee of € 250.00 for cleaning and loss of income due to non-rentability. Should we demonstrably incur higher damages due to smoking, we reserve the right to charge you additionally for the additional costs.
Guests and parties
It is prohibited to arrive with a number of guests that exceeds the amount specified in the booking.
Pets
As a rule, we do not welcome pets in our facilities. Guide dogs, deaf dogs and similar companion animals are the exception and may be brought along free of charge. All that is required is proof of ownership.
Resale/ Rental
The subletting of the booked apartment is not permitted. In particular, the subletting or resale of the apartment and/or the contents of the apartment at higher prices than the booking prices is prohibited. The assignment or resale of a claim against us is also not permitted. In the aforementioned cases we are entitled to cancel the booking.
The use of our apartments for purposes other than accommodation, in particular for commercial purposes, is prohibited.
8. Your responsibility and liability
You…
….are obliged to take good care of the rooms you have been given, the rooms used in common and all furnishings.
…are responsible for a responsible ratio of ventilation and heating of the apartments.
…are required to check the completeness and usability of the apartment at check-in and to report any defects to us.
…are obliged in case of disturbance or damage to remedy the disturbance to a reasonable extent or to keep the damage to a minimum. Furthermore, you are obliged to inform us in good time of any potentially greater damage.
…. are responsible for all damages to the rooms, their furnishings and rooms used in common, that are caused by you or your guests – negligently or intentionally. If, during your stay, you or your guests cause damage that goes beyond normal wear and tear and/or commit theft, we are entitled to charge you for the value of the damage, further expenses for repairing the damage and any resulting loss of income due to the apartment not being available for rent.
9. Our responsibility and liability
We …
…. are liable for damages resulting from injuries to life, body and health if we are responsible for them.
….. are liable for damages resulting from breaches of duty due to gross negligence or intent. TUTA AGROTOURISM is liable for breaches of duty by our legal representatives, employees and vicarious agents.
…. shall be liable for damages resulting from a slightly negligent breach of cardinal obligations, if these are of a contract-typical and foreseeable nature. Cardinal obligations are essential contractual obligations, or also main performance obligations, by which the proper execution of the (accommodation) contract is made possible and on the fulfilment of which you trust and may trust – in the fulfilment of the accommodation service.
…exclude claims for damages that go beyond those listed in these GTC.
…. are obliged to make efforts to remedy any defects or disruptions. This will be done immediately after we have been informed or take notice.
…. are liable for objects brought into the apartment in accordance with the statutory regulations. These claims expire if you do not notify us immediately after you have become aware of the damage or destruction of the object brought into the apartment. This provision will not take effect if the delay has no influence on the clarification of the facts. A separate agreement must be made with us for the contribution of bonds, money or valuables with a value of more than 800.00€ or other valuables worth more than 3.500,00€.
…are not obliged to monitor any parking spaces for cars that may be made available by us. The provision of the parking space does not constitute a custody agreement. In the event of damage or loss of the vehicle or its contents, we shall only be liable in case of intent or gross negligence, but not for other tenants of the building, other guests or other third parties.
…. shall not be liable for the loss of items unless we have breached a duty through gross negligence or wilful intent. Lost property will be kept for a maximum of 6 months and will only be returned on request. A handling fee of € 10.00 will be charged for this and additional costs, such as shipping costs, are to be borne by you.
10. Privacy Policy
Our privacy policy with information about the processing of your data can be found on our website.
In addition, it is important to note at this point that certain customer data is necessary to verify your identity and that we are therefore entitled to collect this data. This includes contact details, such as name and address, ID card details from the identity card or passport and, if applicable, credit card details and health data, insofar as the (pandemic) situation requires this. We may ask you to provide this information in digital form at an early stage or on the day of check-in in order to process your booking successfully.
In order to prevent fraud, TUTA AGROTOURISM uses software that calculates an individual “fraud prevention score” based on the above data. If the software detects a fraudulent booking, we reserve the right to cancel the booking.
11. Termination of the Accommodation Contract
If there is an important and legitimate reason for the termination of the accommodation contract without notice, we are entitled to cancel your stay. We will give you the notice of termination immediately after becoming aware of the important reason. Important reasons include circumstances caused by force majeure for which we are not responsible and which make the fulfilment of the accommodation service impossible. Furthermore, an important reason for termination is the culpable booking with misleading or false essential facts, including your identity, ability to pay and purpose of the stay. If we have reason to believe that the accommodation service endangers our smooth processes, security or reputation of TUTA AGROTOURISM or individual locations, this also constitutes good cause for termination. Lastly, the important reasons of an unlawful purpose or cause of the stay and resale/rerenting are to be considered. As a consequence of the lawful termination of the accommodation contract, you are not entitled to compensation.
12. Limitation Period
In principle, all claims against us become statute-barred after one year from the legally stipulated beginning of the limitation period. Exceptions to this are claims for damages arising from grossly negligent or intentional breach of duty – including the cardinal obligations from clause 9 – and further claims arising from injury to life, body or health.
13. Final Clauses
Amendments
Both amendments and additions to the General Terms and Conditions, the Accommodation Agreement and the Acceptance of Application must be made in writing.
Place of performance
The registered office (see imprint) of the TUTA AGROTOURISM is the place of performance and payment.
Severability clause
In the event that individual provisions of these GTC prove to be invalid or void, the remaining provisions shall remain valid. Beyond these GTC and in the event of invalidity or ineffectiveness, the statutory provisions shall apply
Place of jurisdiction and application of law
The competent place of jurisdiction for commercial transactions and if the contractual partner does not have a general place of jurisdiction in Malta is the registered office of TUTA AGROTOURISM (see imprint).
In principle, Maltese law shall apply. UN sales law and conflict of laws are not applicable.
Dispute resolution
You can access the online dispute resolution of the EU via the following link: http://ec.europa.eu/consumers/odr. Please note that we are not willing or obliged to participate in a dispute resolution procedure through a consumer arbitration board.