Visitor Terms & Conditions

Last updated on 20th March 2025

Definitions

“We”/“Us”/“Our”/“Malta National Aquarium” means Marine Aquatic Limited, a company registered in Malta (Company Number C 52988, VAT No. MT20367919) with registered office at the Malta National Aquarium, Triq it-Trunċiera, Qawra, St. Paul’s Bay SPB1500, Malta (the “Venue”), and includes any subsidiaries or affiliates involved in providing the Services.

“You”/“Your”/“User” means the visitor to our Website and/or customer of our Services.

“Services” means any services offered by the Malta National Aquarium via its Website (including the sale of admission tickets to the Venue (“Ticket(s)”) and the handling of special reservation requests for exclusive use of the Venue (“Special Events”)), as well as any on-site services at the Venue (including access to the aquarium and related attractions).

Preliminary

These Terms & Conditions (the “Terms”) govern your use of our Services under the domain aquarium.com.mt (the “Website”), and certain conditions relating to visits to the Venue itself. By using the Website or purchasing any Services from us, you agree to be bound by these Terms, our Privacy Policy, and any special terms that may apply to specific Tickets or contracts (such as separate agreements for Special Events).

We reserve the right to revise these Terms or the Services from time to time to reflect changes in our operations, technology, payment methods, legal requirements (including EU and Maltese laws), or other valid reasons. Continued use of the Website or Services after any changes constitutes acceptance of the updated Terms. You will be subject to the policies and Terms in force at the time you place an order for Services unless changes are required by law or government authority (in which case they may apply retroactively as required).

The Malta National Aquarium can be contacted at [email protected] or by phone at (+356) 2258 8100 during normal business hours for any questions related to these Terms or our Services.

1. TICKET ORDER ACCEPTANCE & SPECIAL EVENT RESERVATIONS

1.1. Order Process

When you submit a request to purchase a Ticket through our Website, the system will display an acknowledgment that your order was received. This acknowledgment (and any automatic email/SMS confirmation of receipt) is not yet an acceptance of your order or a binding contract, but merely a confirmation that your request has entered our system.

1.2. Order Confirmation

Shortly after you place a Ticket order, you will receive a confirmation email or electronic message summarizing your order details (including total price paid). Please review this summary and inform us immediately of any errors or discrepancies. Unless we hear otherwise, we will assume the details in the confirmation are correct.

1.3. Formation of Contract

A contract for the sale of Ticket(s) (“Sale Contract”) is formed only when (a) your payment has been successfully received in full, and (b) your Ticket(s) have been issued to you. Tickets purchased online are typically delivered immediately in electronic form (e.g. by email with e-tickets or download links). Once payment is received and the Tickets are issued, you will have access to your Ticket(s) (in electronic and/or physical form as applicable), and at that point, the Sale Contract is considered concluded.

1.4. Delivery of Tickets

After your Ticket(s) have been issued, we will send a further email or electronic communication containing your tickets (if not already provided) and important details such as your order receipt, the validity period of the Ticket(s), and any other relevant instructions. No physical tickets will be sent for online purchases unless explicitly stated; all standard online tickets are digital. No reservation or pre-booking of a visit date is required – standard Tickets may be used on any day within their validity period. You are advised to save and/or print the Ticket and receipt for your records.

1.5. Ticket Validity

Unless otherwise specified at purchase, each admission Ticket is valid for one single entry to the Venue at any date within six (6) months from the date of purchase. Tickets expire automatically after the validity period. Expired Tickets will not be accepted and are non-refundable. Tickets are not date-specific and do not require you to choose a visitation date in advance; you may simply arrive at the Venue during operating hours and present your valid Ticket for entry.

1.6. Availability

All Ticket orders (including group or bulk purchases) are subject to availability and our acceptance. We reserve the right to limit quantities or refuse an order in accordance with Clause 2. If we cannot accept your order (for example, due to the Venue reaching capacity on a given day or other operational constraints), we will inform you as soon as possible via email or phone and will not charge you for unaccepted orders.

1.7. Special Events

We may accept requests to reserve the Venue for private or exclusive events (referred to as “Special Events”). Such requests are handled separately from standard ticket orders. Special Event bookings will be governed by specific terms and conditions and a separate contract, including details such as pricing, headcount, special requirements, and any involvement of third-party providers. These specific terms will be provided to you before you are bound to any payment. A binding contract for a Special Event is only formed once both you and the Malta National Aquarium have signed the special event agreement.

If you have an interest in renting or reserving the Venue for a Special Event, please contact us for a proposal and further information.

2. SERVICE AVAILABILITY & ELIGIBILITY

2.1. Venue Availability

While we strive to accommodate all visitors, admission on any particular day is subject to the Venue’s capacity and operational constraints. In rare cases (such as reaching maximum safe capacity), we may temporarily suspend entry. Purchasing a Ticket does not guarantee immediate entry if the Venue is temporarily full; entry will be granted as soon as conditions allow. We recommend visiting earlier in the day during peak periods to ensure entry.

2.2. Special Events Scheduling

Requests under Clause 1.7 for Special Events are subject to the Venue’s availability. We cannot guarantee that any requested date/time will be available for a private event. Customers are urged to submit Special Event inquiries well in advance. We reserve full discretion to approve or decline special reservations, and no Special Event booking is confirmed until a contract is signed as per Clause 1.7.

2.3. Geographic Restrictions

We may impose restrictions on orders from certain locations for legal or logistical reasons. For example, we might limit online ticket delivery or payment options for specific countries or regions. Any such restrictions will be indicated on the Website during the booking process (e.g. certain countries may not appear in the country selection for billing). If you encounter any issue related to regional restrictions, or need clarification before placing an order, please contact us at [email protected] or (+356) 2258 8100.

2.4. Minimum Age

By placing an order through our Website, you confirm that you are at least 18 years old and legally capable of entering into binding contracts. If you are under 18, a parent or legal guardian must complete the purchase on your behalf. We reserve the right to cancel transactions made by minors who misrepresent their eligibility.

2.5. Ticket Presentation

You are responsible for presenting a valid Ticket upon arrival at the Venue. Each Ticket has a unique code or identifier. Please bring your electronic Ticket (on a mobile device) or a printed copy when you visit. If you fail to present a valid Ticket, we cannot guarantee entry. In such cases, you may be denied admission or required to purchase a new ticket on-site (subject to availability). We are not obligated to refund or replace lost, deleted, or unpresented tickets. If you lose your Ticket or did not receive the confirmation email, please contact us in advance of your visit for assistance.

2.6. Venue Operating Hours

The Malta National Aquarium’s normal operating hours (opening and last admission times) are published on our Website and posted at the Venue entrance. These hours may change on certain days (for example, public holidays or special maintenance days). It is your responsibility to check the current opening hours before your visit. If you are unsure whether the Venue will be open on your intended visit date (due to holidays or special events), please check our Website or contact us to confirm.

3. PRICE AND PAYMENT

3.1. Pricing

All Ticket prices for admission and fees for Services are displayed on our Website. Prices are shown in Euro (EUR) and include any applicable VAT. We reserve the right to change prices at any time, but any such change will not affect an order you have already placed and paid for (i.e., once you’ve received a booking confirmation, that price is locked in for that order).

3.2. Promotions and Discounts

If we offer special promotional pricing or discounts on Tickets, those offers are valid only for the period and conditions stated (see Section 5 on Promotions). We do not guarantee to match any lower prices or special offers once your purchase is completed. No Ticket price is considered final or guaranteed until the purchase is completed at checkout.

3.3. Payment Currency

All payments must be made in the currency stated on the Website (currently Euro). If you are using an international payment method, your bank or card provider may charge currency conversion fees or use an exchange rate at their discretion, for which you are responsible.

3.4. Payment Methods

Payment for Tickets or Services must be made using one of the payment methods specified on our Website. At present, we accept major credit and debit cards, processed through the Stripe payment gateway. We do not accept PayPal or cash on delivery for online ticket purchases. You must provide complete and accurate payment information at the time of order. Payment is deemed received only when we have confirmation that the full amount has been successfully processed and credited to us. We reserve the right to introduce or remove payment options as needed, in compliance with applicable laws.

3.5. Stripe Payment Processing

The Malta National Aquarium uses Stripe as its third-party payment processor to securely handle your payment information. All payment details you provide on our Website (such as card numbers, expiration dates, and security codes) are encrypted and transmitted securely to Stripe. We do not store your full card details on our systems. While we take all reasonable measures to ensure a secure payment process, including compliance with PCI DSS standards, you acknowledge that the processing of payments is handled by a third party (Stripe) and, to the extent permitted by law, we cannot be held liable for breaches of security or data loss caused by issues on Stripe’s side. By making a payment, you agree to Stripe’s processing of your payment and you may be subject to Stripe’s terms and privacy policy. For more details on how we handle your personal data, please refer to our Privacy Policy.

3.6. Payment Authorization

When you place an order, you authorize us (and our payment processor) to charge the payment method you provided for the total amount shown at checkout. If your payment is not authorized or fails for any reason, your order will not be processed. You will be notified if the transaction cannot be completed, and you may need to provide a different payment method. We are not responsible for any fees or charges (e.g., overdraft fees, foreign transaction fees) that your card issuer or bank may apply in connection with processing your payment.

3.7. Invoices and Receipts

We will issue an electronic receipt for your purchase, sent to the email address you provide. If you require a VAT invoice or have any specific invoicing requirements (e.g., company details on the invoice), please contact us or provide the necessary information during the checkout process. We will do our best to accommodate such requests in line with Maltese tax regulations.

3.8. No Unlawful Resale

Tickets purchased are for personal use (or for gifting to friends/family) and must not be resold for profit or commercial gain without our express written permission. We reserve the right to void any Ticket that has been resold or transferred in breach of this condition, without refund. Resale above face value or other unauthorized transfer of Tickets may also result in refusal of entry to the holder of such Ticket.

4. RIGHT OF WITHDRAWAL (CANCELLATION) & REFUNDS

4.1. Consumer Withdrawal Right

If you purchase a Ticket or Service via our Website as a consumer (for personal use, not for business resale), you have a legal right under EU and Maltese law to withdraw from the Sale Contract within 14 days without giving any reason, unless an exception applies. This 14-day period is commonly known as the “cooling-off period.”

4.2. Withdrawal Period

The withdrawal period will expire 14 days from the day after the day on which you acquired possession of the Ticket(s). In the case of electronic tickets, this means 14 days from the date of the email delivery of your tickets. For example, if you purchased and received the e-ticket on the 1st of the month, you can exercise the withdrawal right until the 15th of that month.

4.3. How to Withdraw

To exercise your right of withdrawal, you must inform us of your decision to cancel the contract before the 14-day period expires. You may do this by sending us a clear statement via email to [email protected] or by post to our mailing address. You may use the model withdrawal form provided below, but you are not required to use it if you prefer to simply write to us with your order details and cancellation request. If you send your withdrawal notice by email, we will acknowledge receipt by return email without undue delay.

4.4. Effects of Withdrawal

If you validly withdraw from the Sale Contract within the cooling-off period, we will refund all payments we received from you for that order, including any standard delivery charges (if applicable). We will make the reimbursement using the same payment method you used for the initial transaction, unless we expressly agree otherwise. In any event, you will not incur any fees from us for this refund. We will process the refund as soon as possible, and no later than 14 days from the day after you informed us of your decision to withdraw.

4.5. Exceptions – Leisure Activity

Please note: Under EU consumer laws, the right of withdrawal does not apply to certain contracts, including those for the provision of leisure services (such as museum or aquarium entry) for a specific date or period of performance. If you choose to use your Ticket (i.e., visit the Aquarium) within the 14-day cooling-off period, you acknowledge that the service has begun and you waive your right to withdraw from the contract.

4.6. Using Tickets during Cooling-off

If you do not use the Ticket during the cooling-off period, your right of withdrawal remains intact for the full 14 days. If you decide not to use the Ticket and instead exercise your right to cancel within those 14 days, the Ticket will be cancelled upon your withdrawal and will no longer be valid for entry.

4.7. Refund Processing

Refunds for withdrawals will be processed to the same card or account used for purchase. Once we issue a refund, it may take a few additional days for your bank or card issuer to credit the funds back to you, depending on their processing times (typically 5–10 business days).

4.8. Non-Refundable Situations

Except for your rights under this Section 4 or other rights granted by law, all Ticket purchases are final and non-refundable. This means that once the 14-day withdrawal period has passed (or if it does not apply), we are not obliged to cancel your ticket or issue a refund if you change your mind or cannot use the ticket.

4.9. Model Withdrawal Form

You may use the following template as your cancellation notice:

To: Marine Aquatic Limited, Malta National Aquarium, Triq it-Trunċiera, Qawra, St. Paul’s Bay SPB1500, Malta
Email: [email protected]

I/We hereby give notice that I/we withdraw from my/our contract of sale of the following: [insert description of tickets or services purchased, including order number], ordered on [date] and received on [date].

Name of consumer(s): [your name]
Address of consumer(s): [your address]
Date: [submit date]

(Signature if notifying by paper post)

5. PROMOTIONS AND DISCOUNTS

5.1. General

From time to time, we may offer special promotions, discount codes, vouchers, or other deals (“Promotions”) on ticket prices or other Services. All Promotions are subject to these Terms, any specific terms and conditions published with the offer, and applicable law. By redeeming a Promotion, you agree to any additional terms attached to it.

5.2. Availability and Changes

All Promotions are offered on a promotional basis and can be withdrawn or modified by us at any time without prior notice, at our sole discretion. However, any Promotion that you have already redeemed and for which you meet all the requirements (e.g. you purchased a ticket using a valid promo code) will be honored in accordance with the offer as it stood at the time of your purchase. Promotions are often time-limited or subject to inventory limits (“while stocks last”). Once a promotion’s end date or usage limit is reached, no further discounts will apply.

5.3. No Combination of Offers

Promotions cannot be combined or used cumulatively unless explicitly stated. Only one discount or promotional code can be applied per transaction. For example, if you have a seasonal discount code, you generally cannot use it together with an online booking discount unless we expressly allow it.

5.4. No Cash Value

Discount codes, vouchers, and promotional offers have no cash value and cannot be exchanged for cash. If a Promotion grants a percentage or fixed discount, that discount applies only to the specified product or service and cannot be redeemed as cash or credit.

5.5. Non-Transferability

Promotions are generally personal to the recipient or intended audience and are not transferable unless stated. We reserve the right to refuse the application of a Promotion if we reasonably suspect fraud, misuse, or violation of the promotional terms (for example, using a single-use code multiple times or sharing a unique personal code publicly without authorization).

5.6. Validity Period

Each Promotion will have an explicit validity period or expiration date. After the promotion period ends, the offer is no longer valid. We will not apply Promotions retroactively to purchases made outside the promotional period. For instance, if you bought a ticket before a sale began or after it ended, you will not be entitled to the promotional discount on that past purchase.

5.7. Changes to Promotions

We may correct any obvious errors (including pricing mistakes) in promotional materials and reserve the right to cancel any orders that were erroneously processed with incorrect promotional terms or pricing. If such a situation occurs, we will notify you and, if payment was already collected, offer a full refund or the option to proceed with the order without the incorrect promotion.

6. LIABILITY AND DISCLAIMER

6.1. Our Commitment

We are committed to providing you with an enjoyable and safe experience, both online and at the Venue. We strive to ensure that our Services (including the Website and the physical Aquarium experience) are delivered as described and that any issues are resolved to the best of our ability. These Terms do not seek to limit our responsibility to you beyond what is permitted by law, but we do need to clarify the extent of our liability in certain cases.

6.2. Limitation of Liability

To the fullest extent permitted by law, the Malta National Aquarium (Marine Aquatic Limited) shall not be liable for any indirect, special, or consequential loss or damage arising out of or in connection with your use of the Website, purchase or use of any Tickets, participation in any Aquarium visit or event, or use of any Services. This includes, but is not limited to, any loss of profit, loss of enjoyment, loss of data, or other intangible losses, even if such loss was foreseeable. We are also not liable for any damage or loss caused by the acts or omissions of other visitors or third parties during your visit. In any event, our total liability to you for all claims arising from or related to your purchase or use of Services (including any liability for acts of our employees, agents, or contractors) is limited to the total amount you paid for the relevant Ticket(s) or Service.

6.3. No Limitation for Personal Injury, etc.

Nothing in these Terms is intended to exclude or limit our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be lawfully excluded or limited under Maltese law or EU consumer protection laws. Additionally, these Terms do not affect any rights you may have under mandatory law (including statutory rights under consumer protection legislation) that cannot be waived by contract.

6.4. Website Information

While we make reasonable efforts to ensure that information on our Website (such as ticket prices, opening hours, and descriptions of exhibits) is accurate and up-to-date, the Website may occasionally contain errors or omissions. We will not be legally bound by obvious factual errors or typos on the Website or in other promotional materials (see Clause 1.7). We reserve the right to correct such errors and, if a purchase was made based on a material error, to offer you the option to cancel the order for a full refund.

6.5. Third-Party Websites

Our Website may include links to third-party websites (for example, partners or tourism resources). Such links are provided for your convenience only. We do not endorse and have no control over the content or practices of third-party sites. If you visit an external site via a link from our Website, note that you are subject to the terms and policies of that third-party site. We accept no responsibility for any loss or damage that may arise from your use of third-party websites.

7. VENUE TERMS AND CONDITIONS (VISITOR RULES)

When visiting the Malta National Aquarium, you agree to abide by all venue rules and regulations set out in this Section 7, which are designed to ensure a safe, secure, and enjoyable experience for all guests and staff. Violation of these rules may result in denial of entry or expulsion from the Venue without refund (see Clause 7.4).

7.1. Assumption of Risk

We strive to maintain a safe environment and take reasonable precautions for your safety during your visit. However, by entering the Aquarium, you acknowledge that there are inherent risks associated with visiting an aquarium and public attraction. These risks include, for example, the possibility of tripping, minor injuries from facility features, or, very rarely, more serious incidents. You agree that you assume all such inherent risks as a condition of entry. While at the Venue, all visitors must exercise due care for their own safety and the safety of minors or dependents under their supervision. Parents/guardians are responsible for supervising children at all times.

7.2. Liability for On-Site Incidents

You agree that the Malta National Aquarium is not responsible for injuries, accidents, or losses that you or your property may incur at the Venue, except to the extent that such incidents are caused by our negligence or deliberate misconduct. Specifically, we ask all visitors to be mindful of wet floors, low lighting in certain exhibit areas, and to follow staff instructions to minimize risks. If you are hurt or suffer damage because we failed to meet our duty of care (for example, through negligence in maintaining the facility), we will be liable as required by law. However, we will not be liable for injuries or damages that arise due to your own negligence, deliberate misuse of facilities, or failure to follow safety instructions, nor for injuries or damages caused by other visitors or events outside our control (subject to Section 12 on Force Majeure).

7.3. No Damage or Misuse

You undertake not to cause any damage to the Venue, its fixtures, exhibits, animals, or any property within. You will be held responsible for any damage (wilful or caused by negligent behavior) you or anyone in your care causes to the property of the Malta National Aquarium. This includes damage to tanks, displays, equipment, furnishings, or any harm caused to the animals. We reserve the right to seek compensation for any such damage.

7.4. Prohibited Items and Activities

• Alcohol: Outside alcoholic beverages are not allowed inside the Venue. Intoxicated individuals may be refused entry or asked to leave for their own safety and the safety of others.
• Smoking: The Malta National Aquarium is a smoke-free facility. Smoking and vaping are strictly prohibited inside the building and anywhere on Aquarium grounds, except any clearly marked smoking area outside (if provided).
• Food and Drink: Outside food and non-alcoholic drinks are generally not allowed inside the Aquarium. If you have specific dietary or medical needs, please inform our staff at entry.
• Animals: Pets and animals are not permitted in the Aquarium building. Certified service animals are allowed but must not come into direct contact with exhibits.
• Hazardous Items: Weapons, fireworks, explosives, knives, or any other object that could endanger others are strictly forbidden.
• Professional Equipment: Unless authorized, professional photography/videography equipment, tripods, and lighting setups are not allowed.

7.5. Visitor Conduct Expectations

• Children Supervision: An adult (18+) must accompany every group of up to five children under 13. Children must not be left unattended.
• No Running or Disruptive Behavior: Running, shouting, and rough play are not allowed as they may stress the animals and disturb other visitors.
• Respect Barriers and Staff Instructions: Do not cross barriers, enter restricted areas, or ignore staff directives.
• Do Not Touch Unless Allowed: Touching animals or tanks is only permitted in designated interactive exhibits.
• No Throwing Objects: Throwing items into exhibits can harm animals and is strictly forbidden.
• Stay in Public Areas: Do not attempt to enter staff-only or restricted areas.
• Emergency Situations: Follow staff instructions in case of fire alarms or evacuations.

7.6. Lost or Stolen Items

Please take care of your belongings during your visit. The Malta National Aquarium cannot accept responsibility for personal items that are lost, stolen, or damaged on our premises. A lost-and-found service is available for misplaced items.

7.7. Non-Compliance and Removal

Failure to comply with these rules may result in denial of entry or expulsion from the Venue without refund. Aggressive or abusive behavior towards staff or visitors will not be tolerated. Law enforcement may be involved for behaviors that threaten safety.

8. INDEMNITY

8.1. Your Responsibility

You agree to indemnify and hold harmless Marine Aquatic Limited (the Malta National Aquarium) and its directors, officers, employees, agents, and affiliates from and against any and all third-party claims, losses, liabilities, damages, or costs (including reasonable legal fees) arising out of or related to:

• Your breach of these Terms (including any breach of the Venue rules in Section 7).
• Your violation of any law or regulation in connection with your use of the Services or your visit to the Venue.
• Your infringement of any intellectual property or other right of any person or entity.
• Your negligent or willful misconduct, or that of any minors or others under your care, at the Venue.

This means that if someone else holds us responsible because of something you did wrong, you will cover our costs and damages, to the fullest extent permitted by law. We will notify you of any such claim and cooperate with you, at your expense, in defending it. You may not settle any claim that imposes any obligation on Marine Aquatic Limited without our prior written consent.

9. COMMUNICATIONS & NOTICES

9.1. Electronic Communications

By using our Website or Services, you agree that most communications with us will be electronic. We will typically contact you via the email address you provided with your order, or via notices on our Website. For example, after a ticket purchase, all notifications (tickets, receipts, customer service communications, etc.) will be sent electronically. You consent to receive communications from us electronically and agree that these electronic communications satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights (for example, your right to also receive certain information or documents on paper if mandated by law).

9.2. Formal Notices to Us

Unless otherwise stated in these Terms, if you need to give us official notice of any matter (such as exercising your right of withdrawal in Section 4, reporting a dispute, or any legal notice), you should do so in writing. You can send notices to:

Marine Aquatic Limited
Malta National Aquarium
Triq it-Trunċiera, Qawra, St. Paul’s Bay SPB1500, Malta
Email: [email protected]

If sent by email, a notice is deemed received on the next business day after sending, provided you have used the correct email address. If sent by postal mail, please use a trackable or recorded delivery service and note that we will consider it delivered 3 business days after posting (if domestic within Malta) or 7 business days if international, unless actual receipt is sooner.

9.3. Notices to You

We may send any official notices to you either to the email or postal address you provide to us when placing an order. It is your responsibility to ensure we have your up-to-date contact information. If you have provided an email, we will normally use that. Notices will be deemed received by you 24 hours after an email is sent or 3 business days after a letter is mailed to your address, unless we receive evidence to the contrary (such as a bounce-back email or a returned postal mail).

10. AFTER-SALES SERVICE AND COMPLAINTS

10.1. Customer Service

If you have any questions, feedback, or issues regarding tickets, bookings, or your visit, we encourage you to contact our customer service. You can reach us by email at [email protected] or by phone at (+356) 2258 8100 during normal working hours. Our team will be happy to assist with inquiries about ticket purchases, lost tickets, venue information, accessibility needs, or any other concerns.

10.2. Complaints Procedure

We take customer satisfaction seriously. If you have a complaint about any aspect of our Services or your experience at the Aquarium, please notify us as soon as possible. You can submit complaints in writing via email or postal mail (see Clause 9.2 for contact details). Please provide as much detail as you can about the issue (date, time, people involved, etc.) and your contact information. We will acknowledge written complaints within 5 working days and aim to provide a substantive response or resolution within 14 working days. If a complaint requires longer to investigate or resolve, we will keep you informed of the progress.

10.3. Dispute Resolution

In the unlikely event that we cannot resolve a complaint to your satisfaction, and you are a consumer in the EU, you have the right to seek assistance through alternative dispute resolution (ADR) entities or applicable online dispute resolution platforms. While we hope to resolve issues directly, we will provide you with information on ADR options upon request, in accordance with our obligations under Maltese consumer law. This does not limit your right to pursue legal action as outlined in Clause 16, but ADR may be a more expedient and cost-effective approach for certain disputes.

11. TRANSFER AND ASSIGNMENT

11.1. Assignment by Us

We may transfer or assign our rights and obligations under these Terms or any Sale Contract to another organization, provided that this does not detrimentally affect your rights under the contract. For example, if ownership of the Malta National Aquarium or Marine Aquatic Limited changes, the new owner would assume our responsibilities to you under these Terms. If such a transfer results in any reduction of your rights or guarantees, we will seek your consent before proceeding.

11.2. No Assignment by You

The contract between you and us (including any Tickets or rights you have under it) is personal to you. You may not transfer, assign, charge, or otherwise dispose of your rights or obligations under the contract without our prior written consent. Any attempt by you to transfer your Ticket or contractual rights in violation of this clause may result in the ticket being voided without refund. (This does not prevent you from gifting a purchased ticket to someone else for personal use – however, that person will then be bound by these Terms as a holder of the Ticket, and resale restrictions still apply.)

11.3. Subcontracting

We reserve the right to subcontract any of our obligations under the contract (for instance, we might use a third-party mailing service to send physical items or a third-party security firm for event staffing). We will remain responsible for the performance of any subcontracted obligations and will ensure that any subcontractors comply with the relevant provisions of these Terms.

12. EVENTS OUTSIDE OUR CONTROL (FORCE MAJEURE)

12.1. No Liability for Force Majeure

The Malta National Aquarium shall not be held liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms or any contract (including the obligation to keep the Venue open for visits on a particular day) that is caused by events outside our reasonable control. Such an event is termed a “Force Majeure Event.” If a Force Majeure Event occurs, our obligations under the contract will be deemed suspended for the duration of that event (and for a reasonable recovery period thereafter), and the time for us to perform these obligations will be extended accordingly.

12.2. Examples of Force Majeure Events

• Natural disasters or extreme weather events (e.g., earthquakes, floods, hurricanes, lightning, etc.).
• Fire or explosions at the Venue or surrounding area.
• War, acts of terrorism, civil unrest, riots, or armed conflict.
• Strikes, lock-outs, or other industrial action affecting our staff or suppliers which prevent operations.
• Epidemics, pandemics, or public health emergencies (including government-mandated shutdowns, quarantines, or restrictions of movement).
• Government or legal restrictions, orders, or regulations (e.g., mandatory closure by public authorities, new laws that temporarily render our services unlawful, etc.).
• Failure of public utilities or transportation networks (e.g., widespread power outage, water failure, or road closures that prevent access).

12.3. Our Responsibilities during Force Majeure

In the event of a Force Majeure Event, we will make reasonable efforts to mitigate the effects and resume our obligations as soon as it is safe and feasible. This may include, for example, attempting to reschedule events or re-opening the Venue as soon as conditions allow. We will also try to keep customers informed – for instance, by posting notices on our Website or contacting ticketholders if an extended closure or major disruption occurs.

12.4. Ticket Holder Remedies

If a Force Majeure Event results in the Aquarium being closed or otherwise unable to honor your Ticket for an extended period, we will provide fair remedies in accordance with your legal rights. Depending on the circumstances and duration of the closure or interruption, such remedies might include extending the validity of affected Tickets, offering exchange tickets for a later date, or providing a refund if the service you paid for cannot ultimately be delivered. We will act in good faith to ensure that you are not unfairly disadvantaged by such events, consistent with our obligations under Maltese law.

12.5. No Penalty for Delay

A Force Majeure Event is considered an excusable delay. You agree that we will not be in breach of contract or liable for any failure to perform (or delay in performing) any of our obligations due to a Force Majeure Event, provided that we fulfill the commitments outlined in this Section 12. This clause does not affect your right to receive a refund or other remedies as described in Clause 12.4, where applicable.

13. WAIVER

13.1. No Automatic Waiver

If we do not insist immediately that you perform any obligation under these Terms, or if we delay taking action against you in respect of any breach of these Terms, that will not mean we have waived our rights or that you are no longer required to comply with that obligation. For example, if you miss a step in the order process and we proceed with your order without requiring correction, we still have the right to enforce that step in future transactions.

13.2. Single Instance Waiver

If we do waive a default or breach by you, it will be effective only if given in writing (for example, a written notice to you). A waiver will apply only to the specific circumstances and specific breach identified. A waiver of any breach shall not be deemed a waiver of any later breach of the same or other provisions.

13.3. Cumulative Rights

The rights and remedies provided to us in these Terms are cumulative and do not exclude any rights or remedies provided by law. This means we can use multiple remedies under the law for a single breach if allowed (for instance, seeking legal damages as well as injunctive relief), unless we have clearly waived or limited a particular remedy in writing.

14. SEVERABILITY

14.1. Severability of Terms

If any provision of these Terms (or part of any provision) is held by a court or other competent authority to be invalid, illegal, or unenforceable, that provision or part-provision shall be deemed deleted or modified to the minimal extent necessary. The deletion or modification shall be such that it makes the provision valid and enforceable, and as close as possible to the original commercial intent of the provision.

14.2. Remaining Terms

Unless otherwise required by the overriding law, the invalidity of any provision shall not affect the validity and enforceability of the remaining provisions of these Terms. The remaining sections will continue in full force and effect. If a provision is deemed invalid due to a particular circumstance or in application to a particular person, it shall remain valid in other circumstances or as to other persons where it might not be invalid.

15. ENTIRE AGREEMENT

15.1. Whole Agreement

These Terms, along with any documents explicitly referred to within them (such as our Privacy Policy and any specific terms for Special Events or promotions), constitute the entire agreement between you and us regarding the purchase and use of Tickets and Services. They supersede and replace any prior representations, discussions, understandings, or agreements (whether oral or written) between us relating to the same subject matter.

15.2. Reliance on Terms Only

You acknowledge that in entering into the contract, you have not relied on any statement, promise, or representation by us or our staff or agents that is not set out in these Terms or in the information on our Website. If any prior statements or communications were made, you agree that you have no remedy with respect to those, unless they were made fraudulently. Your rights are limited to those provided in this Agreement and under applicable law.

15.3. Fraud or Misrepresentation

Nothing in this Section 15 limits or excludes any liability for fraud or fraudulent misrepresentation. If either party has made false statements upon which the other party has relied, the injured party retains all rights and remedies available under law for such false statements, notwithstanding the integration clause above.

16. JURISDICTION

16.1. Maltese Courts

Subject to Clause 16.2 below, all disputes, claims, or proceedings arising out of or relating to these Terms, your use of the Website, or any contract with us (including disputes regarding non-contractual obligations) shall fall within the exclusive jurisdiction of the courts of Malta. Both you and we agree that Maltese courts are a proper and convenient forum for resolving any such dispute and submit to the jurisdiction of Maltese courts.

16.2. Consumer Domicile Exception

If you are a consumer resident in a member state of the European Union other than Malta, this jurisdiction clause does not override any rights you have under EU law to bring proceedings in your country of residence or to enjoy the protection of mandatory laws of your country of residence. Regulation (EU) No. 1215/2012 on jurisdiction (Brussels I Recast) and other relevant European regulations may give you the right to sue or be sued in your home country in certain circumstances. Clause 16.1 shall be interpreted in accordance with those consumer rights. In essence, while Maltese courts have exclusive jurisdiction in general, as an EU consumer you will not be deprived of any legal protections or options granted by EU law for cross-border disputes.

17. GOVERNING LAW

17.1. Applicable Law

These Terms and any contracts for the purchase of Services (Tickets) are governed by and shall be construed in accordance with the laws of Malta. This means that the interpretation, validity, and performance of this agreement will be judged under Maltese law.

17.2. Consumer Protection Law

If you are a consumer resident outside Malta, and Malta’s choice of law would deprive you of protections afforded by provisions that cannot be derogated from by agreement under the law of your country of residence, then those provisions of your local law will apply to the contract. In other words, this choice of Maltese law is subject to the protections mandated by Article 6(2) of EC Regulation 593/2008 (Rome I) and similar rules, which ensure that consumers are not stripped of essential rights by a foreign law selection.

18. PRIVACY AND DATA PROTECTION

18.1. GDPR Compliance

We are committed to protecting your personal data. Any personal information collected from you when using our Website or Services (for example, during the ticket purchase process or at the Venue) will be processed in accordance with applicable data protection laws, including the EU General Data Protection Regulation (GDPR) and Malta’s Data Protection Act. We will only use your personal data as outlined in our Privacy Policy, which is available on our Website. This includes using your data to process ticket orders, facilitate your entry to the Aquarium, send you service communications, and (if you’ve consented) inform you about news or promotions.

18.2. Privacy Policy

Our full Privacy Policy details what information we collect, how we use it, the legal bases for processing, and your rights regarding your data (such as the rights to access, correct, or delete your data, and to object or restrict certain processing). By accepting these Terms or by purchasing Tickets, you acknowledge that you have read (or have had the opportunity to read) our Privacy Policy and that you agree to our data practices. If you do not agree with how we handle your data, please refrain from using the online Services – you may have the option to purchase tickets in person if you do not wish to provide personal data online.

18.3. Data Security

We implement appropriate technical and organizational measures to safeguard your personal data against unauthorized access, alteration, disclosure, or destruction. For example, our Website uses encryption (HTTPS/TLS) for data transfer, and payment information is handled securely by our payment processor (as described in Clause 3.5). However, no system can be 100% secure, so we cannot guarantee absolute security of data, especially for data transmitted via the internet. You acknowledge that you provide your personal information at your own risk. In the event of any data breach involving your personal data, we will notify you and relevant authorities as required by law.

18.4. Contact for Privacy Matters

If you have questions or requests concerning your personal data or privacy rights, you can contact our Data Protection Officer (or responsible person) at [email protected]. We will address your inquiries in accordance with applicable law. If you believe your data rights have been violated, you also have the right to lodge a complaint with Malta’s supervisory authority (the Office of the Information and Data Protection Commissioner) or with the supervisory authority in your EU country of residence.

19. AFTER-SALE SERVICE & CONTACT INFORMATION

19.1. Contact Us

Questions, comments, or requests regarding these Terms or any of our Services can be directed to us at [email protected] or by phoning (+356) 2258 8100 (during normal office hours). We strive to assist our visitors and customers promptly and helpfully. If you need any clarification about ticket usage, venue facilities, accessibility accommodations, or other inquiries, please do not hesitate to reach out.

19.2. Official Correspondence

For any formal correspondence (such as legal notices or written complaints as mentioned in Clause 9.2 and 10.2), please use the following mailing address:

Marine Aquatic Limited (Malta National Aquarium)
Triq it-Trunċiera
Qawra, St. Paul’s Bay SPB1500
Malta