Membership Terms & Conditions

This is a working draft prepared for legal review. Bracketed items must be completed, and the document should be checked by counsel qualified in Malta, England & Wales, the EU, New York and California before it is published. Provisions such as governing law, arbitration and liability caps in particular must be reviewed against the mandatory consumer-protection law of each jurisdiction in which members reside, as such laws often cannot be excluded by contract.

1. Acceptance of these terms

These Membership Terms & Conditions ("Terms") govern membership of Dar Malta and use of this website, and apply to every member from the date their membership is confirmed. By accepting membership, or by continuing to use the House's services after being notified of updated Terms, you agree to be bound by them.

2. The nature of the House

Dar Malta is not public accommodation, a club open to the public, or consumer travel agency; it is a private arrangement between the House and its members, extended by hereditary succession or private introduction only.

3. Eligibility and admission

Membership is obtained in one of two ways: (a) hereditary membership, confirmed by the applicant's House Representative on behalf of an existing member's immediate or extended family; or (b) introduction, submitted through a House Representative and considered under the House's formal admission process, which ordinarily requires recommendations from multiple existing members representing independent family lineages. Admission is at the sole discretion of the House. The House may decline any application without providing reasons, save where required by applicable non-discrimination law.

4. Your House Representative

Each member is assigned a House Representative as their private point of contact for arranging services. Requests communicated to your House Representative are treated as requests made under these Terms. The House Representative acts on the House's behalf and does not have authority to vary these Terms unless confirmed in writing by the House.

5. Member conduct and guests

Members must treat House staff, House Representatives, other members and third-party service providers with courtesy and respect, and comply with the reasonable requirements, etiquette and dress expectations of any venue or establishment arranged on their behalf. Members may bring guests to the House and include guests in arrangements, but remain fully responsible for their guests' conduct, and for any loss, damage or liability their guests cause.

6. Services and third-party providers

Many services arranged by the House — travel, vehicles, vessels, chauffeurs, tailoring, venues and introductions — are provided by independent third-party providers. In arranging such services, the House acts as agent or intermediary on the member's behalf. The House selects providers with care, but is not itself the provider of, and does not guarantee the performance, safety or fitness for purpose of, third-party services; each provider's own terms and conditions and insurance apply to the service they render.

7. Fees and payment

Please contact your House Representative or info@darmalta.com regarding fees and payment.

8. Confidentiality

The House treats member identities, arrangements and communications as strictly confidential, and expects members to extend the same discretion to the House, its staff, and other members whose identity or affairs they may become aware of through their membership. Members must not disclose the identity of other members, House Representatives, or details of the House's operations to third parties without consent, save as required by law.

9. Intellectual property

The Dar Malta name, crest, and all associated branding, together with the content of this website, are the property of the House or its licensors and may not be reproduced, used or reference-linked without prior written consent.

10. Liability and disclaimers

To the fullest extent permitted by applicable law: the House's total liability to a member arising out of or in connection with these Terms or any arrangement made by the House, however arising, shall not exceed the fees paid by that member to the House in the twelve (12) months preceding the event giving rise to the claim; and the House shall not be liable for indirect, incidental, consequential or special losses, or for the acts, omissions, negligence or insolvency of any independent third-party provider. Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited under the law of a member's home jurisdiction, including consumer-protection law in England & Wales, the EU, New York or California.

11. Indemnification

Members agree to indemnify and hold the House harmless from claims, losses or expenses arising from their (or their guests') breach of these Terms, misuse of arranged services, or unlawful conduct, except to the extent caused by the House's own negligence or wilful default.

12. Suspension and termination

The House may suspend or terminate a membership, with or without notice, for breach of these Terms, conduct that damages the reputation or security of the House or its members, non-payment of fees, or at the House's discretion where continued membership is no longer appropriate. A member may resign their membership at any time by notice to their House Representative. Hereditary rights already extended to family members prior to termination are addressed on a case-by-case basis at the House's discretion.

13. Force majeure

The House is not liable for failure or delay in providing any arrangement due to circumstances beyond its reasonable control, including acts of God, war, civil unrest, strikes, pandemic, or failure of a third-party provider.

14. Governing law and jurisdiction

These Terms are governed by the laws of Malta, without regard to conflict-of-law principles, save that nothing in this clause displaces mandatory statutory protections available to a member under the law of their country or state of residence (including England & Wales, other EU member states, New York or California), which continue to apply to the extent required by that law. Subject to Section 15 below, the courts of Malta shall have jurisdiction over any dispute.

15. Statutory consumer rights

Nothing in these Terms affects any statutory right a member may have that cannot lawfully be waived or limited by agreement, including rights arising under UK consumer protection legislation, EU consumer protection directives as implemented in Malta or a member's home member state, or applicable New York or California consumer protection statutes.

16. General

If any provision of these Terms is found unenforceable, the remaining provisions continue in full force. These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between the member and the House regarding membership, superseding prior understandings. The House may update these Terms from time to time; material changes will be notified through a member's House Representative.

17. Contact

Questions about these Terms may be directed to info@darmalta.com or your House Representative.