0. Introduction

 

These Terms and Conditions shall manage your use of our website, Sunrise Creek accessible at www.sunrisecreekmalta.com.

 

These Terms and Conditions, as may be amended from time to time, will be applied fully to all our services made available online, through any mobile device, by email or by telephone. By browsing and using our website and/or making a reservation, you agree to have read, understood and accept all Terms and Conditions set out below including the privacy statement. Your continued use of the website after any changes to these Terms are posted will be considered acceptance of those changes. You must not use this website if you disagree with any of these website standard Terms and Conditions.

 

These Terms constitute the entire agreement between Sunrise Creek and you in relation to your use of this website, and supersede all prior agreements and understandings.

 

The terms "you", "your", "guest", "customer" and "booking group" refer to the users of this website and clients of Sunrise Creek. The terms “property”, “apartment” and “manager” refer to Sunrise Creek.

 

Notice Sunrise Creek may operate multiple reservation systems as well as affiliates. If you book any portion of your travel via a reservation system or affiliate, you may find separate Terms and Conditions you must abide by.

 

If you are staying or traveling under a different contract than provided by this website or Sunrise Creek, the Terms of the contract will supplement and in some cases supersede these policies.

 

1. Intellectual Property Rights

 

Other than the content you own, under these terms, Sunrise Creek and/or its licensors own all the intellectual property rights, content, information and materials contained in this website.

 

You are granted limited license only for purposes of viewing the material contained on this website for your personal and non-commercial use only. Any unlawful use will constitute a material infringement of our intellectual property rights.

 

2. Restrictions

 

You are specifically restricted from all of the following:

• publishing any website material in any other media;

• selling, sublicensing and/or otherwise commercialising any website material;

• publicly performing and/or showing any website material;

• using this website in any way that is or may be damaging to this website;

• using this website in any way that impacts user access to this website;

• using this website contrary to applicable laws and regulations, or in any way may cause harm to the website, or to any person or business entity;

• engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this website;

• using this website to engage in any advertising or marketing.

 

Certain areas of this website are restricted from being accessed by you and Sunrise Creek may further restrict access by you to any areas of this website, at any time, in absolute discretion. Any user ID and password you may have for this website are confidential and you must maintain confidentiality as well.

 

3. Your Content

 

In these website standard Terms and Conditions, "Your Content" shall mean any audio, video text, images or other material you choose to display on this website. By displaying Your Content, you grant Sunrise Creek a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

 

Your Content must be your own and must not be invading any third-party's rights. Sunrise Creek reserves the right to remove any of Your Content from this website at any time without notice.

 

You represent and warrant that you are over the age of 25 and can form a legally binding contract under applicable law. You have provided and will continue to provide only true, accurate, current and complete information about yourself.

 

4. Scope and Nature of Our Services

 

These Terms and Conditions govern contracts for the rental use of apartments for lodging purposes, as well as other goods and services rendered for the customer. The customer’s general Terms and Conditions shall apply only if these are previously expressly agreed to in writing.

 

5. Conclusion of Contract

 

You will be deemed to have confirmed your booking, and accepted these terms and conditions, within 24 hours of us sending the Booking Confirmation email or when you send confirmation that you have received the Booking Confirmation email or when you make payment of all or part of the rental charge, whichever is the earliest.

 

All booking details are confirmed by us via a Booking Confirmation email and are deemed to have been accepted by you unless, within 24 hours of the sending of the Booking Confirmation email, you inform us by email that you wish to modify or cancel the booking arrangements.

 

The parties to the contract are Sunrise Creek and the customer. If a third party placed the order on behalf of the customer, then that party shall be liable vis-à-vis Sunrise Creek for all obligations arising from the accommodation contract as joint and several debtor together with the customer, insofar as Sunrise Creek has a corresponding statement by the third party.

 

6. Services, Prices and Payment Terms

 

Sunrise Creek is obligated to keep the rooms reserved by the customer available and to render the agreed services once booking is confirmed in accordance with these Terms and Conditions.

 

All prices are quoted in EURO and, unless otherwise specified, the prices quoted exclude VAT at the prevailing MT rate. All prices are based on costs prevailing at the time of quotation and may be subject to change.

 

The customer is obligated to pay the applicable or agreed prices for rooms provided and for other services used. This shall also apply to the apartment’s services and outlays to third parties caused by the customer. Moreover, the apartment may change prices if the customer later wishes to make changes in the number of reserved rooms, the apartment’s services, or the length of guests’ stay, and Sunrise Creek consents to such changes.

 

Sunrise Creek is entitled to require a reasonable advance payment or security deposit upon conclusion of the contract or thereafter. The amount of the advance payment and payment dates may be agreed in writing in the contract. All the fees payable in accordance with the contract terms shall be settled in full up to forty-two (42) days prior to arrival date. If advance payment or full settlement are not received within the grace period set by Sunrise Creek, then Sunrise Creek is entitled to cancel the contract.

 

Sunrise Creek is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

 

Guest agrees to provide Sunrise Creek with a valid credit card for the duration of the reservation up to three business days following departure. Guest is providing the credit card as a guarantee. Guest certifies that he/she has read and agrees to abide by the terms of this agreement, and agrees to pay and authorise Sunrise Creek to charge any rental amounts, taxes, security deposits, extra cleaning, missing property, additional service charges and any damages not covered under the Security Deposit Protection and fines or charges pertaining to violations of the rental agreement. Guest understands that all credit card sales are final. Should manager be unable to recover costs from the credit card on file, Guest is responsible to provide an alternative method of reimbursement within 48 hours of notification.

 

7. Cancellation/No Show

 

Cancellation by the guest of the contract concluded with Sunrise Creek requires Sunrise Creek’s written consent. It is the guest’s responsibility to verify receipt and confirmation in writing from Sunrise Creek. If written consent is not given, then the price agreed in the contract must be paid even if the customer does not avail himself of the contractual services.

 

For notice received more than forty-two (42) days prior to the check-in date, refund 100% of payments received, less 3% of the rental and tax amounts.

 

For notice received less than forty-two (42) days prior to check- in date, Guest will be liable for 100% of the contracted amount and tax less cleaning fees and Vacation Rental Damage Protection. 

 

All refunds will be processed within 7 business days of written consent.

 

In the case of no show the guest is not entitled to a refund.

 

There are no refunds for early departures, delayed arrivals, construction activity, inclement weather or reduction in the number of nights reserved for any reason.

 

Moreover, Sunrise Creek is entitled to effect extraordinary cancellation of the contract for a materially justifiable cause, e.g. if

• force majeure or other circumstances for which Sunrise Creek is not responsible make it impossible to fulfil the contract;

• rooms are reserved with misleading or false information regarding material facts, such as the identity of the customer or the purpose;

• Sunrise Creek has justified cause to believe that use of the apartment’s services might jeopardise its security or public reputation, without being attributable to the apartment’s sphere of control or organisation;

The customer can derive no right to compensation from justified cancellation.

 

8. Room Availability and Check-in

 

The customer does not acquire the right to be provided specific rooms.

 

Guests shall not exceed the number of adults and children published on the website listing. Additional daytime guests are limited to a maximum of 2 and must depart prior to 10:00 p.m.. House parties and/or gatherings are strictly prohibited.

 

Reserved rooms are available to the customer for check-in starting at 3:00 p.m. on the agreed arrival date. The customer does not have the right to earlier availability. Early check-in is allowed only with prior written approval. Keys or entry code will be provided once all fees and charges have been paid. If for some reason, the home is not ready for check-in you will be notified.

 

Baggage drop off is subject to availability and against a fee of €20.

 

9. Check-out Procedures and Cleaning

 

Rooms must be vacated and made available no later than 11:00 a.m. on the agreed departure date. Cleaning and maintenance are pre-scheduled, so adhering to the check-out time is very important. The customer does not have the right to a later check-out and, on the grounds of the delayed vacating of the room for use exceeding the contractual time, a minimum €30 hour fee will be charged for each hour (or portion thereof) past the required check-out time and guest will be liable for any additional damages incurred.

 

Garbage items should be bagged, tied closed and placed at the property front door only at the times specified in the additional information leaflet provided at the apartment. Any fines incurred by the property shall be chargeable to the guests. Guest is cautioned not to leave unsealed trash inside or outside for long periods of time to avoid pests.

 

Each property will be inspected, sanitised and cleaned prior to your arrival and after your departure. Guest should leave the property in the same general condition at Check-In meaning:

• Dishes and cooking messes cleaned up.

• Furniture or items that have been rearranged to be put back (inside and outside home).

• All remote controls left in plain sight.

• Refrigerator and unit should be left clean and free of perishable food.

• Lights, heater, air conditioner, fans, appliances, etc. to be turned off.

• All doors and windows are closed and locked.

 

The cleaning fee is for a standard cleaning only. If the home was left in poor condition and additional cleaning is required, fees will be charged to Guests credit card at a minimum rate of €15 per hour. A €25 per item fee will be charged for each lost key and €75 for each remote control that is damaged or not left at the Property upon check-out.

 

Baggage hold is subject to availability and against a fee of €20.

 

10. Code of Conduct

 

Guests shall respect the rights of the surrounding neighbours, and shall not create noise or disturbances that interfere with the quiet enjoyment of the property. Outdoor noise, or noise carrying outside from inside the home should be kept to a minimum regardless of the hour.

 

No smoking is allowed inside the premises. If smoking does occur on the premises, Guest may be evicted and is financially responsible for all damage caused by the smoking including, but not limited to, stains, burns and the cost of odour remediation and removal and replacement of damaged property.

 

11. Amenities

 

The property is equipped with a minimum of one (1) fire extinguisher. It is the duty of the Guest to locate fire extinguisher, notify all other occupants and guests of the location, and to inform management immediately should the fire extinguisher be missing, or be less or become less than fully charged.

 

The property has smoke detectors installed and they are believed to function properly at the time of rental. Guest will notify management without delay if detectors are missing, uninstalled, "chirps" or have a low battery condition.

 

Television and internet services are provided as a convenience only, and are not integral to this agreement. No refund of rents shall be given for outages, content, lack of content, speed, access problems, lack of knowledge of use, or personal preferences with regard to service.

 

In the event that the property sustains a failure of a system, including but not limited to water, sewer, septic, electrical, gas, plumbing, mechanical, appliances, or other system or structural systems, furnishings or amenities, Sunrise Creek will make every reasonable effort to repair or replace the failed system or equipment, and in such event, Guest agrees to permit Sunrise Creek or its service provider to have reasonable access to the property to inspect and make such repairs. Sunrise Creek shall not be liable to Guest for damages, and no refunds will be given for such failures.

 

Guest is aware that the property is located in an urban area and it is therefore subject to noise from nearby residences/businesses and traffic. The property has common walls, ceilings or floors and noise may travel between and cause disturbance to Guest from other residences.

 

12. Liability of Sunrise Creek

 

Sunrise Creek is liable to exercise the duty of care of an ordinary merchant with the performance of its obligations arising from the contract. Claims of the customer for reimbursement of damages are precluded except for such which result from injury to life, body or health and Sunrise Creek is responsible for the breach of the obligation, other damage which is caused from an intentional or grossly negligent breach of obligation and damage which is caused from an intentional or negligent breach of obligations of Sunrise Creek which are typical for the contract. A breach of obligation is deemed to be the equivalent to a breach of a statutory representative or employee. 

 

Should disruptions or defects in the performance of Sunrise Creek occur, Sunrise Creek shall act to remedy such upon knowledge thereof or upon objection without undue delay by the customer. The customer shall be obliged to undertake actions reasonable for him to eliminate the disruption and to keep any possible damage at a minimum.

 

In no event shall Sunrise Creek, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this website whether such liability is under contract. Sunrise Creek, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this website.

 

13. Indemnification

 

You hereby indemnify to the fullest extent Sunrise Creek from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

 

You expressly understand and agree that your use of the site is at your sole risk and that the site is provided on an “as is” and “as available” basis. Sunrise Creek makes no representations or warranties of any kind, express or implied, with respect to the service or the functionality, performance or results of the use thereof.

 

14. Final Provisions

 

Amendments and supplements to the contract, the acceptance of applications, or these General Terms and Conditions should be made in writing. Unilateral amendments and supplements by the customer are not valid.

 

Place of performance and payment is the location of Sunrise Creek.

 

These Terms will be governed by and interpreted in accordance with the laws of the State of Malta, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Malta for the resolution of any disputes.

 

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.