General Terms and Conditions for Guests

Version 1.1, effective 20.12.2016

1.1 Acceptance of terms

Please read these Guests’ General Terms and Conditions and our Privacy Policy carefully prior to making any reservation via this MEWS Platform. By making a reservation via MEWS Platform, you confirm that you accept these Guests’ Terms and Conditions and that you are entering into a contract with MEWS Systems or with a Partner facilitated by MEWS Platform (the case of your contracting directly with MEWS Systems is graphically differentiated and provided with a note that a particular hotel or other facility is being part of MEWS Network). If you do not agree with these Guests’ General Terms and Conditions, you are not entitled to use the MEWS Platform.

Notwithstanding anything to the contrary stated herein, these Guests’ General Terms and Conditions shall be applicable to you provided: (a) you are contracting directly with MEWS Systems, or (b) you are contracting directly with the Partner and the Partner does not have its own policies relating to the subject matter hereof that are applicable to you. If you are contracting directly with the Partner, the Partner's policies shall always prevail in the event of any conflicting terms between these Guests’ General Terms and Conditions and Partner's policies related to the subject matter hereof.

1.2 Role of Partners

You acknowledge that Service you reserve through MEWS Platform is provided by the respective Partner operating respective Facility you select within the Reservation process. In case you are contracting directly with MEWS Systems, you are provided with Reservation Service from MEWS Systems and upon submitting your Reservation request you authorise MEWS Systems to facilitate the Reservation on your behalf, including the making of payment arrangements. You understand and agree that the Service reserved through MEWS Platform is honoured by the respective Partner and not by MEWS Systems. Please be aware that Partners may have further limitations and/or charges for provision for your Services. Please read any additional terms and conditions applicable to a particular Partner prior to making the Reservation.

1.3 Your Information

All information provided by you in connection with the use of MEWS Platform, particularly, but not limited to, the purpose of Reservation, shall be true and accurate and may be relied upon as such.

1.4 Eligibility

You also acknowledge that you are at least 18 years old. If you are below this age, you are not entitled to use MEWS Platform.

2.1 Definitions

In this Guest’s Terms and Conditions, unless the context requires otherwise, the following words and expressions shall have the following meanings:

“Guest Price List” means the price list of MEWS Systems for the provision of particular Accommodation available to Guests via MEWS Platform

“Guests” means persons requesting, being provided or having been provided with Service

“Guests’ General Terms and Conditions” means current version of Terms and Conditions for Guests as may be amended from time to time by MEWS Systems and published via MEWS Platform

“Facility” means hotel or other facility used for arranging of Services for Guests, operated by a Partner and enlisted via MEWS Platform

“Fees” means total fees payable for Service set out along with the listing of the respective Facility; such fees are construed as a facilitation fee to be paid to MEWS Systems and a fee for Reservation payable to the Partner operating the Facility

“Listed Services” mean Services available for reservation by a Guest and specified in MEWS Platform

“MEWS Network” means a set of hotels or other Facilities where, on the basis of specific arrangements between Partners operating those Hotels, Guests are entering into contract directly with MEWS Systems. These Facilities are specifically marked and denoted as “MEWS Payments” within MEWS Platform

“MEWS Platform” means this platform via which you are able to make a Reservation (notwithstanding it is website or other platform operated by MEWS Systems or website of Partner with a reservation engine provided by MEWS Systems)

“MEWS Systems” means MEWS SYSTEMS B.V., a company incorporated under the laws of the Netherlands with having its corporate seat in Amsterdam, and offices at Wibautstraat 137D, Scalehub 2nd floor, 1097DN Amsterdam, the Netherlands, registered at the Chamber of Commerce in Amsterdam under registration number 66426995

“Partner” means operator of a Facility provided by or via MEWS Systems

“Payment Instrument” means any available payment instrument allowed for the Guest to pay Fee via MEWS Platform which may include credit card or debit card

“Personal Data” means personal data processed by a Partner or by MEWS Systems consisting of data categories including identification of the data subject, payment details, details of Reservation and customer preferences and any other personal data to be processed based on MEWS Privacy Policy

“Reservation” means a reservation of Service provided for a Guest via MEWS Platform

“Reservation Service” means service provided by MEWS Systems to Guest in case a Facility is part of MEWS Network and consists of pre-negotiation of Unit price for Service along with facilitation of reservation of such Service on behalf of a Guest

“Unit price” means price charged by a Partner or MEWS Systems for selected Listed Service in accordance with prices available in the MEWS Platform

“Service” means accommodation or other service published, offered or provided to Guests by MEWS Systems or by Partners via MEWS Platform

3.1 Availability
Any of Listed Services are available to you on a real-time basis and are subject to availability at the time of making Reservation. The availability shall be confirmed by Partner or by MEWS Systems to your e-mail from your profile or entered within Reservation process without any undue delay from making the Reservation.

3.2 Reservation
Within the process of Reservation, you will be prompted to fill in the data required for making your Reservation and honouring the Services. Once you submit your Reservation, you shall make any changes therein only with our consent or consent of relevant Partner, unless such changes are made prior MEWS Systems or relevant Partner sends you relevant confirmation. Upon confirmation of your Reservation, you agree that your Payment Instrument may be pre-authorised for the full amount of Fees related to Reservation. In case you select the mode of “Advanced Payment” or similar mode under which you are required to remit the total payment in advance, you agree that we charge your Payment Instrument for the total Fee.

3.3 Cancellation
You may cancel your Reservation only until we or our relevant Partner send you confirmation of your Reservation. In such case all pre-authorisations to your Payment Instrument will be released and/or funds already charged will be refunded in a commercially reasonable time. In case Partner cancels your Reservation after the confirmation, we will send you an e-mail informing you thereof and offer you alternatives for your services.

3.4 Specific Reservation and Cancellation Policies
Specific Reservation and Cancellation Policies -Please read carefully reservation and cancellation policies of MEWS Systems or relevant Partner in connection with specific Services (such as accommodation in a hotel - e.g., fully flexible booking or advance payment), which shall apply in cases of such specific Services. You will be prompted to agree with such terms prior to submission of your Reservation.

4.1 Currency and taxes
Fees on MEWS Platform are in euros or in the local currency where applicable. They are inclusive of taxes to the exclusion of local taxes, and include applicable taxes, service charges, levies, resort fees, gratuities, or surcharges, unless otherwise noted, which are collected by the Partner on behalf of third parties and may be charged separately in the amounts applicable at the time of the Service provided.

4.2 Modifications
Fees of Listed Services may be modified at any time. This does not apply to already made Reservations unless applicable taxes are modified by law.

4.3 Properties
Listed Services are not valid in conjunction with any other offer or contract and do not apply to groups. Fees are per unit (i.e. per person and one service unit, e.g., room/per night), Fees may vary by arrival date and/or length of service/stay. Early service termination (e.g., early departure) fees may apply.

4.4 Display
Fees will be displayed to you before you send Reservation request via MEWS Platform for a particular Facility (as depicted in relevant listings).

5.1 Payment authorisation
In cases where the Facility reserved by you is part of MEWS Network, you expressly authorise MEWS Systems to Reservation payment and to charge your Payment Instrument for the total Fee.

5.2 Guarantee
All Reservations require a guarantee or deposit in lieu of a guarantee. If a guarantee or deposit has not been supplied by the time specified within MEWS Platform or the Reservation(s) is not utilised at the time or under other terms of Listed Service, the relevant Reservations(s) may be cancelled without notice, and we reserve the right to provide the relevant Reservation(s) to another person (e.g., to re-let the relevant room or facility in case of accommodation booking) without prior notice. In such circumstances we will not be obliged to refund any deposit paid by you (or by any other person in connection with the Reservation).

5.3 Full payment
In case you select “Advance Payment” mode of Reservation, full payment must be made at the time of making your Reservation. You hereby authorise us to make charge your Payment Instrument at the time of Reservation.

5.4 Payment methods

Accepted methods as a guarantee include: credit card, deposit, a pre-approved travel agent, or a pre-approved company. You may also provide a deposit as a method of guarantee by way of wire transfer, cash, or credit card. In order to guarantee and confirm your Reservation, you must provide details of your Payment Instrument. In certain cases (for the purposes of pre-payment or guarantee), your Payment Instrument could be charged or pre-authorised.

5.5 Refundability
All pre-paid Reservations are non-refundable for any reason unless the Partner agrees otherwise with you. No money will be debited from your account in respect of cancellations until the last possible time you could have checked for relevant Service without incurring the relevant charge described in these Guests’ General Terms and Conditions or specific our or Partner’s terms applicable to the relevant Service.

6.1 MEWS Platform is available free of charge. Neither MEWS Systems nor their Partners are responsible for any additional charges that may be imposed on you by your mobile or other network service operator.

6.2 There is no guarantee that MEWS Platform, or any contents therein, will always be available uninterrupted. Access to the site is permitted on a temporary basis. The site or any of its parts may be suspended, withdrawn, or discontinued without notice. Neither MEWS nor their Partners shall be liable to you if, for any reason, the site is unavailable at any time or for any period.

6.3 You are responsible for making all necessary arrangements to allow yourself access to the site. You are also responsible for ensuring that all persons who access the site through your Internet connection are aware of these Guest’s General Terms and Conditions and that they comply with them.

7.1 Damage to Facility
You shall use the Facility (to which you are being granted access to for the purpose of Services delivery) and leave it in the way it was when you arrived (notwithstanding standard wear and tear). You agree that you are also responsible for acts and omissions of other persons who access the Facility. In case the Partner claims or otherwise has evidence of damage, you agree to pay the costs of replacement or repair of the damage. After being notified of such claim in advance (at least 48 hours), you agree that the charge may be made to your Payment Instrument used during the payment of the Facility. You also agree to cooperate with MEWS Systems and/or the Partner to provide information necessary to evaluate the damage claims to the insurance company(ies) on the basis of the Partner’s insurance policy. Any amounts claimed from the insurance already paid by you will be refunded to you.

7.2 User conduct
User conduct. You understand and agree that you are responsible for compliance with any and all applicable laws. You also and especially agree not to:

• Access and extract information from MEWS Platform via automated means;
• Make any steps which may cause an extraordinary load on MEWS Platform; or
• Deep-link, mirror, or frame any parts of MEWS Platform.

8.1 Processing by the Partner
By using this website you acknowledge that the Partner will process your Personal Data which you will provide in the Reservation form or which has been provided to the Partner via your MEWS Account for the purpose of your Reservation and/or relevant Service. Your Personal Data shall be processed by MEWS Systems as the processor, and the processing is further specified in the Privacy Policy of the relevant Partner's website as linked to within the relevant listing.

8.2 Processing by MEWS Systems
Prior to or after the making of a Reservation, you will have the opportunity to sign up and create your own account in the MEWS Platform and you will be able to more effectively utilize services within the MEWS Network. If you sign up, you also acknowledge processing of your Personal Data by MEWS Systems under the terms and purposes outlined in the MEWS Privacy Policy.

9.1 Rights reservation
MEWS Systems holds all intellectual property rights in the MEWS Platform, and the Partners are authorised users. A Partner is the sole owner, licensee, and permitted user in respect of any contents and materials published within their listing on MEWS Platform or on the underlying site. All works (site and its contents) are protected by copyright and treaties around the world. All such rights are reserved.

9.2 Purpose
You may use MEWS Platform and its contents solely for personal, non-commercial, and private use subject to applicable copyright laws. You must not use any part of the site without obtaining a license to do so from MEWS Systems. You must not use any of the site content from a Partner or, as the case may be, any other authorised licensor without obtaining a license.

9.3 Restricted use
You must not copy, display, modify, download, reproduce, or transfer to a third party any part of the contents or material on this site without being granted permission to do so.

9.4 No license
Nothing contained on this site should be construed as granting to you or to anyone else any license or right to use any trademarks or other intellectual properties of Partners or of MEWS Systems. You may also not use any meta-tags or other hidden text utilizing this intellectual property.

9.5 IP Notice

In case you think that any of intellectual property or other type of protected material may have been or is being infringed, please notify us by sending a notice to the address set out herein; such notice must include:

• Identification of protected material which is claimed to be infringed, identification of mode of protection and relevant register (if applicable);
• Description of how the relevant protected material is being infringed and role of our MEWS Platform and/or our Services therein;
• Determination of owner/holder of protected material and his consent with sending this notice to us;
• Your contact address; and
• Your statement that you have a good faith to believe that the user of the material is not the owner, licensor or owner’s agent of protected material, that you are authorised to act on behalf of owner or exclusive licensor and your statement that you indemnify us and/or the intellectual property holder for any damage or losses caused if your representation within your notice turns out to be untrue.

9.6 IP Counter-notice
If a material you have posted to our MEWS Platform has been removed or disabled, you may file a counter notice to the address set out in these terms; such notice must include:

• Identification of material which have been removed or disabled along with location where the material has been placed; and
• Your statement that you have a good faith to believe that the material must have been removed or disabled as a result of mistake or misidentification, description of your rights to the material and your statement that you indemnify us and/or the intellectual property holder for any damage or loss caused if your representation within notice turns out to be untrue.

10.1 Applicability
Specific conditions set out herein are only applicable in cases where you are making a Reservation to a hotel or hostel Facility and a part of MEWS Network.

10.2 Reservation options
You may select one of several reservation options provided by MEWS Systems (Fully Flexible and Advance Purchase) within your Reservation (booking) process.

• Fully Flexible – Easy Cancellation. This option provides the most flexible option to your choice of Service (accommodation). It includes available food arrangement, applicable taxes, and service charges. Your Reservation may be cancelled up to 3PM (local time) on the day of arrival without charge. Reservations that will be cancelled after 3PM (local time) on the day of arrival will be subject to a charge of a one-night stay, unless you are instructed otherwise by the property.
• Advance Purchase – Non-refundable. This option requires full prepayment of the Fee. In case of changes or cancellations, the payment is non-refundable. This option includes available food arrangement, applicable taxes, and service charges. If you depart early, cancel, or fail to honour this Reservation for any reason, you will not receive any credit or refund. Any extensions of your stay will require a new Reservation for the additional date(s), subject to availability and prevailing rates, and this option shall not apply, unless you are instructed otherwise by the property.
• Guaranteed Reservations are held until 4PM on the day after scheduled arrival, unless you are instructed otherwise by the property.
• If you select Fully Flexible and you cancel your Reservation after 3PM on the reserved day of arrival you will be charged an amount of a one-night stay, unless you are instructed otherwise by the property.

10.3 Extra beds
Extra rollaway beds are available and are charged at 20 Euro per night. The Facility is happy to provide complimentary cots for children up to two years of age.

10.4 Checking in and out
Rooms in Facility (hotel) are available from 15:00 on the arrival date. Please let personnel of the Facility know at least 24 hours in advance if you or any member of your group is likely to arrive after 23:00 on the arrival date. Failure to inform may result in the relevant Reservation for that person being cancelled, and the room being re-sold to another customer. If no notice is given, no refund of any deposit shall be payable. Rooms must be vacated by 12:00 on the day of departure. Failure to leave by that time may result in additional charges, including the cost of one additional night's accommodation in the relevant room(s).

10.5 Event bookings
Event bookings are subject to separate terms and conditions which the Partner will communicate to you prior to the time of booking.

10.6 Loss or damage of your personal belongings
Neither Partners nor MEWS Systems will be responsible for the loss or damage of the clients' or guests' belongings that have not been left in the mutually agreed care of the Facility’s management.

11.1 No liability for website
Neither MEWS Systems nor the Partners provide any guarantee regarding the website and its contents. You are solely responsible for your use thereof.

11.2 Site operation
Neither MEWS Systems nor the Partners shall be liable for any direct, indirect or consequential losses or damage (including without limitation loss of revenue, loss of goodwill, loss of reputation and loss of, or damage of data), arising out of this site or the use thereof, or any errors, inaccuracies, omissions in the services or contents provided howsoever caused.

11.3 Force majeure
Neither MEWS Systems nor the Partners are in breach of these terms and/or can accept any liability or pay any compensation (other than to refund money paid for services not yet rendered) if MEWS Systems and the Partners are unable to perform obligations due to any adverse event, act, or omission beyond reasonable control, including (but not limited to) natural disasters, acts of terrorism, civil unrest, industrial disputes, or failure of utility services.

11.4 Liability limitations
At no time the liability of MEWS Systems or the Partners shall exceed the amount you have paid to Mews Systems or to the Partner for Services in that particular Facility in connection with you’re the relevant Reservation. Neither MEWS Systems nor the Partner shall be liable for (1) any loss not caused by breach of contract in connection with the Facility, breach of statutory duty, or negligence, (2) any indirect or consequential loss, or (3) any loss caused by you or any member of your group. Nothing in these terms shall operate to limit or exclude the Partner’s liability or the liability of MEWS Systems for fraud or death or personal injury or any other matter that cannot be limited or excluded by law. Both MEWS Systems and the Partners reserve the right to cancel any event or Service/Reservation that they reasonably consider could damage their reputation. In some of these instances, no refund will be given. You shall be responsible for the orderly conduct of you and your guests and shall at all times not cause a breach of Partner’s policies and any applicable law or cause nuisance to other Guests of particular Facility.

11.5 Indemnity

You shall reimburse the Partner and/or MEWS Systems in full for any loss or damage caused to either party respectively. You shall also reimburse the Partner and/or MEWS Systems for any interruption to their business through your acts and omissions or through those of the members of your group. Whether by negligence or otherwise, these acts and omissions are defined by any measure that construes your false representation or that is in violation of these Guest’s General Terms and Conditions (or any other applicable terms and laws in connection with your Reservation and/or Services in case of a claim by a third party). We reserve the right to charge your Payment Instrument for any such amounts.

11.6 Linking
The site provides links to other sites; however, inclusion of these links does not imply any endorsement of such linked site or any association with their operation. Neither MEWS Systems nor the Partners shall be responsible for the contents of the linked sites or your use thereof.

11.7 No waiver by MEWS Systems nor the Partners of any breach of these terms shall be a waiver for any subsequent breaches of the same or other types of provisions.

12.1 Modifications

These Guests’ General Terms and Conditions may be updated or changed from time to time and shall be fully effective after their publication on MEWS Platform (which will be declared via the Changes Effective” date at the top of the Guests’ General Terms and Conditions). In case you use MEWS Platform after publication of the changes, you are indicating that you agree to be bound by the modified Guests’ General Terms and Conditions.

12.2 Mandatory contract changes
If and to the extent these terms are amended after you have made a Reservation and shall affect your contract in terms of taxes or other changes arising out of local laws, you will be notified thereof via the electronic contact you have provided within the Reservation process.

12.3 Dispute resolution
You agree that any conflict, dispute, controversy, or claim arising out of or relating to these terms or the relationship created by these terms shall first be resolved by working together in good faith, including an appointment of a mutually agreeable mediator to resolve the dispute. In case the dispute is not settled, it shall be finally resolved by the competent court in Amsterdam, the Netherlands.

12.4 Choice of law
These Guests’ General Terms and Conditions are governed by Dutch law, unless other laws are applicable without regard the choice of law.