“We”/”Us”/”Our”/”La Nave Bistro”/ “La Nave” 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 operator of La Nave Bistro a restaurant located 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 La Nave on its website including but not limited to acceptance of bookings and/or special reservation requests for exclusive and/or special use of the venue (‘Special Events’) as well as any services offered by La Nave at the venue (including but not limited to food and drink services).
These terms of service (the ‘Terms’) relate to your use of the services provided by La Nave under the domain name https://www.lanavebistro.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).
La Nave Bistro can be contacted at email@example.com, through our website messaging system or by phoning on (+356) 2258 8100 during normal office hours.
1. ORDER ACCEPTANCE AND TERMS
1.1. After making a reservation through this website a message acknowledging that we have received your request to make a reservation will be displayed. This acknowledgment does not constitute a contract of sale but merely an indication that your offer (to make a reservation) has been received by us and is being processed.
1.2. Shortly after making your reservation, you will also receive an email and/or electronic message which will (among other things) provide you with a summary of your order details. This email 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. All bookings (including bulk bookings) are subject to availability and acceptance by us. Should we be unable to accept your reservation for any reason, we will contact you directly (via email) where more details will be provided.
1.4. To the full extent permitted by law, we reserve the right to refuse any booking made by you for any reason we deem fit.
1.5. We will not be legally bound by any factual or typographical errors on the site or other promotional materials.
1.6. 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. Bulk bookings and/or special requests for special events at the venue are subject to availability and are subject to our exclusive discretion. We cannot guarantee that the venue will be available for any such 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.
1.7 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 firstname.lastname@example.org or by phoning on (+356) 2258 8100 (during normal office hours) prior to placing your order.
2. BOOKINGS & CHANGES THERETO
2.1. In case of booking or reserving a table at the venue, payment will only be due after consumption of food and drink at the venue and therefore no online or distance contract is formed between us. In case of such bookings, once a request is received appropriate information will be provided to you. In case of cancellations we kindly ask patrons to inform us well in advance of the date and time booked with us.
2.2 You are responsible for the correct details that you submit including correct date and time. We cannot be held responsible for any customer errors.
3.1. All promotions online are subject to removal without notice (without affecting any promotions that you may be entitled to benefit from).
3.2. All promotions are on a “While Stocks Last” basis.
4. LIABILITY AND DISCLAIMER
4.1. We are fully committed to providing you with the best possible service as expeditiously as possible.
4.2. 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.
4.3. Nothing in these Terms shall restrict any mandatory statutory rights you may enjoy under any applicable law.
5.1 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 6 below), 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).
6. VENUE TERMS AND CONDITIONS
6.1 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 damage 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 any events and/or activities organised by La Nave or otherwise.
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 the Malta National Aquarium’s policies below relating to the venue:
Lost or Stolen Items
La Nave Bistro 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 La Nave. If the item is not recovered, you may leave relevant contact information.
The Malta National Aquarium is a smoke-free building. Smoking is not permitted on the venue grounds or in the surrounding areas.
Food and Beverages
Food and beverages (including alcohol) shall not, under any circumstances, be brought into the venue without the prior explicit consent of La Nave management.
Conduct Expectations for Visitors
To make sure everyone’s dining experience is enjoyable, we ask everyone to adhere to the following guidelines to be followed at our restaurant:
- 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;
- No running or yelling is allowed inside the venue;
- 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.
6.2. 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.
7. WRITTEN COMMUNICATIONS
7.1. 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.
8.1. All notices given by you to us must be given to us at email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing orders with La Nave. In the case of any electronic notification, notice will be deemed received and properly served 24 working hours after an e-mail is sent.
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.
9. EVENTS OUTSIDE OUR CONTROL
9.1. 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”).
9.2. 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:
9.2.1. Strikes, lock-outs or other industrial action.
9.2.2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
9.2.3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
9.2.4. Impossibility of the use of shipping, aircraft, motor transport or other means of public or private transport.
9.2.5. Impossibility of the use of public or private telecommunications networks.
9.2.6. The acts, decrees, legislation, regulations or restrictions of any government.
9.2.7. Impossibility to offer certain food or drink due to acts or omissions of third parties (including suppliers) and/or market unavailability.
9.3. 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.
10.1 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.
10.2 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.
11.1 All disputes or claims arising out of or relating to these terms shall be subject to the exclusive jurisdiction of the Maltese Courts to which the parties irrevocably submit.
11.2 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.
12 GOVERNING LAW
12.1 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.
13. AFTER-SALE SERVICE
13.1. Questions, comments or requests regarding these terms and conditions or our goods and/or services should be addressed to: firstname.lastname@example.org by phoning us on (+356) 2258 8100 (during normal office hours).
13.2. 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