These Terms and Conditions shall apply to Your use of the website located at http://www.maltatrulymediterranean.com
(the “Air Malta Site”). By using the Air Malta Site You agree to be
bound by the terms and conditions set out below. If You do not wish to be bound
by these terms and conditions, You should not use the Air Malta Site. We may change
these Terms and Conditions from time to time and so you should check these regularly.
Your use of the Air Malta Site will be deemed an acceptance of the terms existing
at that time.
1. Definitions "You" means you, the user of the Air Malta Site and "Your"
shall be interpreted accordingly. "We/Us" means Air Malta p.l.c (C-2685)
of Head Office, Aviation Park, Luqa LQA 9023, Malta, and "Our" shall
be interpreted accordingly. "Air Malta Site" shall have the meaning
as set out above. "User Information" means the personal details, which
may be provided by You to Us via the Air Malta Site. "Users" means the
users of the Air Malta Site collectively and/or individually as the context admits.
"Website" means a site on the World Wide Web.
2. Acceptable Use You agree that any use by You of the Air Malta Site shall be
in accordance with the following conditions: 2.1 You will not post or transmit
through the Air Malta Site any defamatory, threatening, obscene, harmful, pornographic
or otherwise illegal material or material which would violate or infringe in any
way upon Our rights or those of others (including intellectual property rights,
rights of confidentiality, or rights of privacy) or cause distress or inconvenience.
You must not express opinions that are vulgar, crude, sexist, racist or otherwise
offensive. Always treat other Users with respect. 2.2 You will not post or otherwise
make available on the Air Malta Site any material, which You do not own without
the express permission of the owner of the material. 2.3 You will not copy, download,
reproduce, republish, frame, broadcast, transmit in any manner whatsoever, any
material on the Air Malta Site except as is strictly necessary for Your own personal
non-commercial home use. 2.4 You will abide by the specific rules of any competition
or promotion that You participate in on or via the Air Malta Site. 2.5 You will
not do anything that affects the operability or security of the Air Malta Site
or causes unreasonable inconvenience or offence or disruption to Our staff.
3. Third Party Websites 3.1 You acknowledge and agree that We are not responsible
for the availability of any third party Websites or material You access through
the Air Malta Site. 3.2 We do not endorse and shall not be held responsible or
liable for any content, advertising, products or services on or available from
such Websites or material. 3.3 Any dealings between You and any third party advertisers
or merchants found on or via the Air Malta Site, including payment for and delivery
of products, services and any other terms, conditions, warranties or representations
associated with such dealings, are made between You and the relevant advertiser
or merchant. Therefore, We are not responsible or liable for any loss or damage
of any kind incurred as the result of any such dealings.
4. Intellectual Property 4.1 All copyright, trade marks and all other intellectual
property rights in all material or content supplied as part of the Air Malta Site
shall remain at all times vested in Us or Our licensors. You are permitted to
use this material or content only as expressly authorised in writing by Us or
Our licensors. You will not, and You will not assist or facilitate any third party
to, copy, reproduce, transmit, distribute, frame, commercially exploit or create
derivative works of such material or content. 4.2 If You become aware of any such
distribution or commercial exploitation, You agree to notify Us at the address
above or through our ‘contact us’ button located at http://www.airmalta.com/contact-us?l=1
5. Liability Disclaimer and information provided on the Air Malta Site 5.1 We
do not claim ownership of the materials (including without limitation, feedback,
suggestions and postings on any bulletin boards) You provide to the Air Malta
Site, or post, upload, input or submit to the Air Malta Site or its associated
services (collectively "Submissions"). However, by posting, uploading,
inputting, providing or submitting Your Submissions You are granting Us, Our affiliated
companies (including without limitation, Our subsidiary undertakings) and necessary
sublicensees, an irrevocable, perpetual, royalty free, worldwide licence to use
Your Submissions within the Air Malta Site and/or in connection with the operation
of the Air Malta Site and/or in connection with Our business operations, including
without limitation, the rights to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and reformat Your Submissions; and
to publish Your name in connection with Your Submissions. No failure to remove
particular Submissions constitutes and endorsement or acceptance of it by Us.
5.2 For avoidance of any doubt, no compensation will be paid with respect to the
use of Your Submissions. We are under no obligation to post or use any Submissions
You may provide and may remove any Submission at any time in Our sole discretion.
5.3 By posting, uploading, inputting, providing or submitting Your Submissions
You warrant and represent that You own or otherwise control all of the rights
to your Submissions as described in this section including, without limitation,
all the rights necessary for You to provide, post, upload, input or submit the
Submissions. 5.4 If You have any claim arising from the actions, Submissions or
statements of another User, You agree to pursue such a claim only against that
User and not from Us.
5.5 the information, software, products, and services included in or available
through the air malta site may include inaccuracies or typographical errors.
Changes are periodically added to the information herein. We and/or our suppliers
may make improvements and/or changes in the air malta site at any time. Advice
received via the air malta site should not be relied upon for personal, medical,
legal or financial decisions and you should consult an appropriate professional
for specific advice tailored to your situation.
We and/or our suppliers make no representations about the suitability, reliability,
availability, timeliness, and accuracy of the information, software, products,
services and related graphics contained on the air malta site for any purpose.
To the maximum extent permitted by applicable law, all such information, software,
products, services and related graphics are provided "as is" without
warranty or condition of any kind. We and/or our suppliers hereby disclaim all
warranties and conditions with regard to this information, software, products,
services and related graphics, including all implied warranties or conditions
of merchantability, fitness for a particular purpose, title and non-infringement.
To the maximum extent permitted by applicable law, in no event shall we and/or
our suppliers be liable for any direct, indirect, punitive, incidental, special,
consequential damages or any damages whatsoever including, without limitation,
damages for loss of use, data or profits, arising out of or in any way connected
with the use or performance of the air malta site, with the delay or inability
to use the air malta site or related services, the provision of or failure to
provide services, or for any information, software, products, services and related
graphics obtained through the air malta site, or otherwise arising out of the
use of the air malta site, whether based on contract, tort, negligence, strict
liability or otherwise, even if we or any of our suppliers has been advised
of the possibility of damages. Because some states/jurisdictions do not allow
the exclusion or limitation of liability for consequential or incidental damages,
the above limitation may not apply to you. If you are dissatisfied with any
portion of the air malta site, or with any of these terms of use, your sole
and exclusive remedy is to discontinue using the air malta site.
6. Privacy 6.1 We shall comply with all applicable Maltese data protection
legislation from time to time in place in respect of any personal information
relating to You gathered by Us. 6.2 You may be asked to input information about
yourself on different pages of the Air Malta Site. We will not use the information
You provide to Us for any purpose that is not set out in Our Privacy Policy,
other than as stated at each location where such information is requested. 6.3
Please notify Us of any changes to the information You have previously given
or if You wish to withdraw Your consent to Our using Your User Information for
the stated purposes or for any form of promotional contact by writing to:
Air Malta p.l.c
Head Office,
Aviation Park,
Luqa. LQA 9023,
Malta.
Contact Person: Dr. Chris Spiteri
6.4 In this Section 6 “We” means Air Malta p.l.c and any company
which (i) is controlled by Air Malta or (ii) which controls Air Malta and for
this purpose "Control" means the power of a person to secure that
the affairs of another are conducted in accordance with its wishes and Controlled
shall be construed accordingly.
7. Safety We give Our ongoing commitment to ensuring through Our policy of safety
that You can use the Air Malta Site with confidence. When using the Air Malta
Site, in particular any bulletin boards, You should always take the following
precautions: 7.1 keep Your identity private. Do not give out Your full name,
postal address, telephone number, e-mail address, the name of Your or your child’s
school or any other information (other than that specifically requested by Us),
that could help someone discover Your actual identity; 7.2 never meet with someone
You meet online. 7.3 do not reply to any messages that are hostile, rude or
inappropriate, or in any way make You feel uncomfortable.
8. Indemnity By using the Air Malta Site You agree to indemnify and hold harmless
Us, Our subsidiary undertakings, and Our respective officers, directors, employees,
agents, shareholders and sub-contractors, from and against any and all costs,
expenses (including legal fees, costs and related expenses), payments, charges,
losses, demands, liabilities, claims, actions, proceedings, penalties, fines,
damages, judgments, orders and/or other sanctions, arising out of any breach
of these terms and conditions by You or any other liabilities arising out of
Your use of the Air Malta Site.
9. Termination We reserve the right immediately to terminate Your use of the
Air Malta Site if You breach or We have reasonable grounds to believe that You
are likely to breach these terms and conditions or You otherwise engage in conduct
which We determine in Our sole discretion to be unacceptable.
10. Feedback Should You wish to make any comments to Us about the Air Malta
Site or if You have any questions relating to the same please contact Us at
the address above or through our ‘contact us’ button located at
http://www.airmalta.com/contact-us?l=1 on the Air Malta Site.
11. Governing Law and Jurisdiction These Terms and Conditions shall be governed,
construed, enforced and interpreted in accordance with the Laws of Malta. Any
disputes, controversies or claims arising out of or in connection with these
Terms and Conditions shall be exclusively subject to the jurisdiction of the
courts of Malta.
12. General Conditions of Carriage These Terms and Conditions refer only to
Your use of the Air Malta Site and separate conditions apply to airline carriage.
If you buy a ticket on the Air Malta Site for a flight operated by Us Our General
Conditions of Carriage for passengers and baggage shall apply.
13. Miscellaneous 13.1 You agree that no joint venture, partnership, employment,
or agency relationship exists between You and Us as a result of this agreement
or use of the Air Malta Site. 13.2 Our performance of this agreement is subject
to existing laws and legal process, and nothing contained in this agreement
is in derogation of Our right to comply with governmental, court and law enforcement
requests or requirements relating to Your use of the Air Malta Site or information
provided to or gathered by Us with respect to such use. 13.3 If any part of
this agreement is determined to be invalid or unenforceable pursuant to applicable
law including, but not limited to, the warranty disclaimers and liability limitations
set forth above, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches the intent
of the original provision and the remainder of the agreement shall continue
in effect. 13.4 Unless otherwise specified herein, this agreement constitutes
the entire agreement between the Users and Us with respect to the use of the
Air Malta Site and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral or written, between the Users and Us
with respect to the use of the Air Malta Site. 13.5 A printed version of this
agreement and of any notice given in electronic form shall be admissible in
judicial or administrative proceedings based upon or relating to this agreement
to the same extent and subject to the same conditions as other business documents
and records originally generated and maintained in printed form. 13.6 All notices
or communications under or in connection with these Terms and Conditions shall
be in the English language. 13.7 These Terms and Conditions shall be executed
in the English language and the English language will be the only official language.
Translation of these Terms and Conditions in any other language may be made,
however, in case of any discrepancy and/or inconsistency between the English
version and the translated version the English version shall prevail.
For any further information please contact us at http://www.airmalta.com/contact-us?l=1
© 2009 Air Malta All Rights Reserved