Terms and Conditions
This Vacation Rental / Short Term Lease Agreement (this “Terms & Conditions”) is made by and between Eight Point Living (“Owner”) and “Guest” as of the date of the direct booking online reservation. Owner and Guest may be referred to individually as “Party” and collectively as “Parties.” For good and valuable consideration, the sufficiency of which is acknowledged, the Parties agree as follows:
1. Property. The property is described in the rental listing. The Property is owned by Owner. The Property is fully furnished by Owner and equipped for light housekeeping. The following amenities are included in the Property: microwave, dishwasher, oven/stove, refrigerator, cable/wireless internet, linens & bath towels.
A starter supply of household cleaning and hygiene products may be available in the Property for use. Guest is responsible for purchasing any additional supplies and all food and beverages.
2. Rental Party. All persons in the rental party will be bound by the terms of this Agreement.
3. Maximum Occupancy. The maximum number of persons allowed to stay in the Property is limited to three (3), unless the Owner gives its prior written consent.
4. Visitors. A visitor is an occupant of the Property who is not staying overnight. The total number of persons permitted in the Property at any given time, including visitors, is five (5). Any visitor staying overnight is subject to additional charges.
Common Facilities
NO visitor will be allowed to use the common facilities when Guest is not on the Property.
5. Rental Period & Check-In. The term of this lease will be from (“Arrival Date”) to (“Departure Date”). The Property will be ready for Guest’s occupancy beginning at 3:00 PM on the Arrival Date and the Property must be vacated by 10:00 AM on the Departure Date, unless otherwise agreed by Owner. If Guest or any member of the Rental Party remains on the Property beyond the Departure time listed in the Departure Date, Guest will be responsible to pay the nightly rental rate advertised for the period between Departure Date and the actual date Guest and all members of the Rental Property vacate the Property.
6. Keys & Access Codes. Owner will provide Guest with 1 key, which will unlock the front door to the Property. Guest is not allowed to make duplicate keys. A fee of €50 will be charged to Guest for failure to return keys. Owner will provide Guest an access code to the main door of the property. The access code will be provided 1 day prior to Arrival via email or text. Final payment must be received and cleared prior to receiving the key box access code.
7. Rental Rules & Restrictions. Guest agrees to abide by the following restrictions by Owner:
- Smoking is not permitted inside the Property nor on the Balcony,
- Pets are not permitted on the Property,
- Quiet hours are from 23:00 to 08:00,
- No parties or events of any kind,
- No minors allowed without their parents or legal guardian,
- Garbage must be placed in the proper receptacles,
- Towels or other items are not permitted to hang from the balcony railing.
If any person in the Rental Party fails to follow any of the Rules, the Rental Party may be asked to vacate the Property and Guest will forfeit all rent paid.
Additional Association/Community Rules and Regulations
Guest agrees to abide by the Rules and Regulations of Eight Point Living and any other restrictions imposed by Owner (the “Rules”) at all times while on the Property and will cause all persons in the Rental Party and any visitors that Guest permits on the Property to abide by the Rules while on the Property.
8. Reservation Deposit and Payment.
A reservation deposit is required in the amount of 75% (the “Reservation Deposit”) of the total cost of the booking, which is due at booking confirmation. The Reservation Deposit is refundable according to the cancellation policy and will be applied toward the Total Balance Due. The remaining 25% payment in full, will be due within 7 days prior to the Arrival Date.
9. Security-Damage Deposit.
Owner reserves the right to charge a security-damage deposit. This deposit will be refunded within 48 hours after Guest’s departure and an inspection of the Property by Owner, less any deductions for damage to the Property or furnishings, excessive mess requiring additional cleaning or other costs incurred outside the normal course due to Guest’s stay.
10. Cancellation Policy.
Guest may cancel the reservation at least 30 days prior to the check-in date and receive a full refund.
After that, 50% refund up to 14 days before check-in. No refunds for cancellations made within 14 days of check-in.
11. Cleaning. A cleaning fee will be charged to the Guest per stay.
Daily housekeeping services are not included in the rental rate. Throughout the rental period, Guest will be responsible for keeping the Property clean and in good condition. Any unsafe or dangerous condition must be reported to Owner immediately. Guest acknowledges that on the check-in date, the Property is in good condition, except for any defect Guest may report to Owner by the end of the first day following the Arrival Date. The Property should be left in the same condition as it was found by Guest on the Arrival Date. Guest promises to leave the Property in good repair.
12. Furnishings. The following furnishings will be provided with the Property: one bed, three seater sofa-bed, flat screen TV in master bedroom & living room, bedroom furniture, kitchen utensils, cookware, dining table with seating and restroom utilities (sink, toilet, shower & tub).
Furnishings are subject to change without notice. Furniture, bedding, kitchen equipment, utensils, and any other personal property supplied with the Property must not be removed from the Property. Loss of any items within the Property or damage to the Property or furnishings in excess of normal wear and tear will be charged to Guest. The Property will be inspected by Owner after Guest’s departure. All contents of the Property are the property of Owner. If an item should break, Guest must notify Owner immediately. Guest is not permitted to alter the wiring of any television, computer, or gaming equipment.
13. Guest may park in designated parking areas. Any illegally parked cars may be subject to towing and/or fines. For any further questions, please do not hesitate to contact us by sending an e-email to info@epl.com.mt.
14. Mechanical Failures. Owner attempts to properly maintain the Property. While all electrical and mechanical equipment within the Property are in good working order, Owner cannot guarantee against mechanical failure of electrical service, stopped plumbing, water supply, heating, air conditioning, audio visual equipment, internet access, cable service, or appliances. Guest agrees to report any inoperative equipment or other maintenance problem to Owner immediately. Owner will make every reasonable effort to have repairs done quickly and efficiently. Guest will allow Owner, or a person permitted by Owner access to the Property for purposes of repair and inspection. Owner is not responsible for any inconvenience that may occur and no refunds or rent reductions will be made due to failure of such items.
15. Acts of God. If there is a storm or severe weather and a mandatory evacuation order is issued by state or local authorities, Guest shall be entitled to a prorated refund for each night Guest is unable to occupy the Property. Owner will not be liable or deemed in default under this Agreement for any failure to perform or delay in performing any of its obligations due to or arising out of any act not within its control, including, without limitation, acts of God.
16. Limitation on Liability. Owner is not responsible for any accidents, injuries or illness that occur to any member of the Rental Party or Guest’s visitors while in the Property or on the Property. Owner is not responsible for loss of personal belongings or valuables belonging to any member of the Rental Party or any of Guest’s visitors. Guest agrees to assume the risk of any harm arising from use of the Property. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL OWNER BE LIABLE TO GUEST OR ANY OTHER PERSON FOR ANY DAMAGES OF ANY NATURE WHATSOEVER INCLUDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR GUEST’S RENTAL OF THE PROPERTY OR USE OF THE PROPERTY. IN NO EVENT WILL OWNER BE LIABLE FOR ANY DAMAGES IN CONNECTION WITH THIS AGREEMENT, EVEN IF OWNER SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
17. Indemnification. Guest acknowledges that the use of the Property by the Rental Party and Guest’s visitors is entirely at their own risk. Guest will indemnify and hold harmless Owner from any and all expenses, costs, damages, suits, actions, or liabilities whatsoever arising from or related to any and all loss of or damage to personal property, injury or death resulting from the use or occupancy of the Property or the failure of any member of Rental Party or Guest’s visitors to observe the Rules and restrictions set forth in Paragraph 7.
18. Violation of Agreement. If Guest or any member of the Rental Party violates any of the terms of this Agreement, including but not limited to maximum occupancy, visitors and rental rules and restrictions, Owner may evict Guest and the Rental Party from the Property and Guest will forfeit all rent and security deposit paid.
19. Governing Law. This Agreement and all transactions contemplated by this Agreement will be governed by and constructed and enforced in accordance with the laws of Malta. Any dispute arising from this Agreement shall be resolved through Mediation, then binding arbitration. If the dispute cannot be resolved through mediation, then the dispute will be resolved through binding arbitration conducted in accordance with the rules of the Maltese Arbitration Association.
20. Amendments. This Agreement may be amended or modified only by a written agreement signed by both Owner and Guest.
21. No Waiver. Neither Owner nor Guest shall be deemed to have waived any provision of this Agreement or the exercise of any rights held under this Agreement unless such waiver is made expressly and in writing.
22. Severability. If any provision of this Agreement is held to be invalid or unenforceable in whole or in part, the remaining provisions shall not be affected and shall continue to be valid and enforceable as though the invalid or unenforceable parts had not been included in this Agreement.
23. Notices. Any notice or communication under this Agreement must be in writing and sent via electronic email transmission.
24. Successors and Assigns. This Agreement will inure to the benefit of and be binding upon Owner, its successors and assigns, and upon Guest and its permitted successors and assigns.
25. Entire Agreement. This Agreement represents the entire understanding and agreement between the Parties with respect to the subject matter of this Agreement and supersedes all other negotiations, understandings and representations (if any) made by and between the Parties.
This Terms of Conditions was last updated on November 10, 2021.
1. Property. The property is described in the rental listing. The Property is owned by Owner. The Property is fully furnished by Owner and equipped for light housekeeping. The following amenities are included in the Property: microwave, dishwasher, oven/stove, refrigerator, cable/wireless internet, linens & bath towels.
A starter supply of household cleaning and hygiene products may be available in the Property for use. Guest is responsible for purchasing any additional supplies and all food and beverages.
2. Rental Party. All persons in the rental party will be bound by the terms of this Agreement.
3. Maximum Occupancy. The maximum number of persons allowed to stay in the Property is limited to three (3), unless the Owner gives its prior written consent.
4. Visitors. A visitor is an occupant of the Property who is not staying overnight. The total number of persons permitted in the Property at any given time, including visitors, is five (5). Any visitor staying overnight is subject to additional charges.
Common Facilities
NO visitor will be allowed to use the common facilities when Guest is not on the Property.
5. Rental Period & Check-In. The term of this lease will be from (“Arrival Date”) to (“Departure Date”). The Property will be ready for Guest’s occupancy beginning at 3:00 PM on the Arrival Date and the Property must be vacated by 10:00 AM on the Departure Date, unless otherwise agreed by Owner. If Guest or any member of the Rental Party remains on the Property beyond the Departure time listed in the Departure Date, Guest will be responsible to pay the nightly rental rate advertised for the period between Departure Date and the actual date Guest and all members of the Rental Property vacate the Property.
6. Keys & Access Codes. Owner will provide Guest with 1 key, which will unlock the front door to the Property. Guest is not allowed to make duplicate keys. A fee of €50 will be charged to Guest for failure to return keys. Owner will provide Guest an access code to the main door of the property. The access code will be provided 1 day prior to Arrival via email or text. Final payment must be received and cleared prior to receiving the key box access code.
7. Rental Rules & Restrictions. Guest agrees to abide by the following restrictions by Owner:
- Smoking is not permitted inside the Property nor on the Balcony,
- Pets are not permitted on the Property,
- Quiet hours are from 23:00 to 08:00,
- No parties or events of any kind,
- No minors allowed without their parents or legal guardian,
- Garbage must be placed in the proper receptacles,
- Towels or other items are not permitted to hang from the balcony railing.
If any person in the Rental Party fails to follow any of the Rules, the Rental Party may be asked to vacate the Property and Guest will forfeit all rent paid.
Additional Association/Community Rules and Regulations
Guest agrees to abide by the Rules and Regulations of Eight Point Living and any other restrictions imposed by Owner (the “Rules”) at all times while on the Property and will cause all persons in the Rental Party and any visitors that Guest permits on the Property to abide by the Rules while on the Property.
8. Reservation Deposit and Payment.
A reservation deposit is required in the amount of 75% (the “Reservation Deposit”) of the total cost of the booking, which is due at booking confirmation. The Reservation Deposit is refundable according to the cancellation policy and will be applied toward the Total Balance Due. The remaining 25% payment in full, will be due within 7 days prior to the Arrival Date.
9. Security-Damage Deposit.
Owner reserves the right to charge a security-damage deposit. This deposit will be refunded within 48 hours after Guest’s departure and an inspection of the Property by Owner, less any deductions for damage to the Property or furnishings, excessive mess requiring additional cleaning or other costs incurred outside the normal course due to Guest’s stay.
10. Cancellation Policy.
Guest may cancel the reservation at least 30 days prior to the check-in date and receive a full refund.
After that, 50% refund up to 14 days before check-in. No refunds for cancellations made within 14 days of check-in.
11. Cleaning. A cleaning fee will be charged to the Guest per stay.
Daily housekeeping services are not included in the rental rate. Throughout the rental period, Guest will be responsible for keeping the Property clean and in good condition. Any unsafe or dangerous condition must be reported to Owner immediately. Guest acknowledges that on the check-in date, the Property is in good condition, except for any defect Guest may report to Owner by the end of the first day following the Arrival Date. The Property should be left in the same condition as it was found by Guest on the Arrival Date. Guest promises to leave the Property in good repair.
12. Furnishings. The following furnishings will be provided with the Property: one bed, three seater sofa-bed, flat screen TV in master bedroom & living room, bedroom furniture, kitchen utensils, cookware, dining table with seating and restroom utilities (sink, toilet, shower & tub).
Furnishings are subject to change without notice. Furniture, bedding, kitchen equipment, utensils, and any other personal property supplied with the Property must not be removed from the Property. Loss of any items within the Property or damage to the Property or furnishings in excess of normal wear and tear will be charged to Guest. The Property will be inspected by Owner after Guest’s departure. All contents of the Property are the property of Owner. If an item should break, Guest must notify Owner immediately. Guest is not permitted to alter the wiring of any television, computer, or gaming equipment.
13. Guest may park in designated parking areas. Any illegally parked cars may be subject to towing and/or fines. For any further questions, please do not hesitate to contact us by sending an e-email to info@epl.com.mt.
14. Mechanical Failures. Owner attempts to properly maintain the Property. While all electrical and mechanical equipment within the Property are in good working order, Owner cannot guarantee against mechanical failure of electrical service, stopped plumbing, water supply, heating, air conditioning, audio visual equipment, internet access, cable service, or appliances. Guest agrees to report any inoperative equipment or other maintenance problem to Owner immediately. Owner will make every reasonable effort to have repairs done quickly and efficiently. Guest will allow Owner, or a person permitted by Owner access to the Property for purposes of repair and inspection. Owner is not responsible for any inconvenience that may occur and no refunds or rent reductions will be made due to failure of such items.
15. Acts of God. If there is a storm or severe weather and a mandatory evacuation order is issued by state or local authorities, Guest shall be entitled to a prorated refund for each night Guest is unable to occupy the Property. Owner will not be liable or deemed in default under this Agreement for any failure to perform or delay in performing any of its obligations due to or arising out of any act not within its control, including, without limitation, acts of God.
16. Limitation on Liability. Owner is not responsible for any accidents, injuries or illness that occur to any member of the Rental Party or Guest’s visitors while in the Property or on the Property. Owner is not responsible for loss of personal belongings or valuables belonging to any member of the Rental Party or any of Guest’s visitors. Guest agrees to assume the risk of any harm arising from use of the Property. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL OWNER BE LIABLE TO GUEST OR ANY OTHER PERSON FOR ANY DAMAGES OF ANY NATURE WHATSOEVER INCLUDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR GUEST’S RENTAL OF THE PROPERTY OR USE OF THE PROPERTY. IN NO EVENT WILL OWNER BE LIABLE FOR ANY DAMAGES IN CONNECTION WITH THIS AGREEMENT, EVEN IF OWNER SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
17. Indemnification. Guest acknowledges that the use of the Property by the Rental Party and Guest’s visitors is entirely at their own risk. Guest will indemnify and hold harmless Owner from any and all expenses, costs, damages, suits, actions, or liabilities whatsoever arising from or related to any and all loss of or damage to personal property, injury or death resulting from the use or occupancy of the Property or the failure of any member of Rental Party or Guest’s visitors to observe the Rules and restrictions set forth in Paragraph 7.
18. Violation of Agreement. If Guest or any member of the Rental Party violates any of the terms of this Agreement, including but not limited to maximum occupancy, visitors and rental rules and restrictions, Owner may evict Guest and the Rental Party from the Property and Guest will forfeit all rent and security deposit paid.
19. Governing Law. This Agreement and all transactions contemplated by this Agreement will be governed by and constructed and enforced in accordance with the laws of Malta. Any dispute arising from this Agreement shall be resolved through Mediation, then binding arbitration. If the dispute cannot be resolved through mediation, then the dispute will be resolved through binding arbitration conducted in accordance with the rules of the Maltese Arbitration Association.
20. Amendments. This Agreement may be amended or modified only by a written agreement signed by both Owner and Guest.
21. No Waiver. Neither Owner nor Guest shall be deemed to have waived any provision of this Agreement or the exercise of any rights held under this Agreement unless such waiver is made expressly and in writing.
22. Severability. If any provision of this Agreement is held to be invalid or unenforceable in whole or in part, the remaining provisions shall not be affected and shall continue to be valid and enforceable as though the invalid or unenforceable parts had not been included in this Agreement.
23. Notices. Any notice or communication under this Agreement must be in writing and sent via electronic email transmission.
24. Successors and Assigns. This Agreement will inure to the benefit of and be binding upon Owner, its successors and assigns, and upon Guest and its permitted successors and assigns.
25. Entire Agreement. This Agreement represents the entire understanding and agreement between the Parties with respect to the subject matter of this Agreement and supersedes all other negotiations, understandings and representations (if any) made by and between the Parties.
This Terms of Conditions was last updated on November 10, 2021.