1.1 Mapmelon is a platform and service (the "Platform") which facilitates and organizes booking for various services. As part of the Platform, Mapmelon connects its users ("Clients") with accommodations, and other service providers ("Suppliers").
1.2 In these terms, "Supplier Services" means the services provided by a Supplier to a Client which has been booked via Mapmelon.
1.3 These terms and conditions, together with those additional terms and conditions as set out by the Supplier in their listing or provided by a Supplier to a Client and the details of the booking agreed between both parties, constitute the agreement for the provision of Services by the Supplier to the Client ("Agreement").
1.4 This Agreement applies between Clients and Suppliers only. Mapmelon is not a party or subject to this Agreement and is not responsible for compliance with it.
1.5 Each Client agrees that they are responsible for ensuring compliance with this Agreement by any person who receives Supplier Services or books for Supplier Services. Suppliers similarly agree that they are responsible for ensuring that any person providing the Supplier Services complies with the terms of this Agreement.
2.1 The Supplier warrants and agrees that the Supplier Services will be provided by the named Supplier only, unless the Client and the Supplier have specifically agreed otherwise in writing.
3.1 The Supplier and Client agree to make any cancellations or variations to a Mapmelon booking ("Booking") through the Mapmelon Platform, and acknowledge that Mapmelon facilitates the booking process.
3.2 At the time of booking, Mapmelon collects a booking fee equal to 10% of the total booking amount (the "Mapmelon Fee"). This amount serves as the booking deposit and is retained by Mapmelon. The remaining balance of the booking is collected directly by the Supplier, either before arrival or upon arrival.
3.3 Suppliers and Clients agree to use all reasonable endeavors to honor all Bookings.
3.4 Either the Supplier or the Client may, with the other party's consent, change the time, date, or other details of the Booking, but any such changes must be agreed between the Supplier and the Client.
3.5 If the Supplier or Client needs to cancel a Booking, they must notify each other and Mapmelon promptly. The cancellation policies specified in the Supplier's listing, or Mapmelon's standard policies ("Non-refundable," "Non-refundable with Voucher," or "Strict"), will apply.
3.6 In the event of cancellation by the Supplier, the parties will use reasonable endeavors to agree on an alternative arrangement. If no alternative can be agreed, the Client will get the fee refunded. In addition, if the cancellation is due to lack of availability or the Supplier's inability to honor the Booking, the Supplier must reimburse Mapmelon for the Mapmelon Fee (the deposit).
4.1 The Supplier agrees that it has the necessary resources, skills, and/or competence to provide the Supplier Services and will provide the Supplier Services with reasonable skill, care, and diligence in accordance with the terms of the Booking.
4.2 Each Booking is personal to the Supplier and may not be transferred to any other person save with our and the Client's prior consent. If anyone other than the Supplier attempts to deliver the Supplier Services and this is not agreed by the Client, then the Client may refuse to accept the Supplier Services, and the Client is entitled to a full refund.
4.3 The Supplier agrees to comply with all applicable laws, regulations, and industry standards in the provision of the Supplier Services.
4.4 The Supplier agrees to use reasonable endeavours to comply with the reasonable requests of the Client.
4.5 The Supplier agrees that it will act with courtesy towards the Client and any other guests attending the Booking and will not deliberately do or omit to do anything which will or is likely to put the Client or any of its guests at risk.
4.6 The Supplier agrees that their listing on the Platform is true, accurate, and not misleading. The Supplier shall ensure that his/her Supplier Services are properly described. The Supplier agrees to include any other information in their listing that applies to their Booking that Clients should be made aware of, including (but not limited to) the Supplier's cancellation policy, which may include options like "Non-refundable," "Non-refundable with Voucher," and "Strict" as offered by Mapmelon.
4.7 The Supplier will deal with all queries from Clients relating to their listing or Booking in a prompt and satisfactory manner.
5.1 The Client is responsible for its, and any other person receiving the Supplier Services or attending a Booking for Supplier Services, own safety and must ensure that the Supplier is aware of any specific requirements.
5.2 Each Booking is personal to the Client and may not be transferred to any other person save with our and the Supplier's prior consent.
5.3 The Client agrees that they will act with courtesy towards the Supplier and any of their employees or agents and will assist and cooperate with the Supplier in the provision of the Supplier Services.
5.4 The Client will not deliberately do or omit to do anything which will or is likely to put the Supplier or any of the Supplier's employees or agents at risk.
5.5 The Client will act with suitable consideration for the Supplier's property and will not act in any way which is offensive, rude, illegal, or which might cause distress to the Supplier or others.
6.1 Any dispute arising between the parties is to be resolved by those parties; each party agrees that Mapmelon will not be responsible for resolving disputes. The Supplier is responsible for providing any refunds due to the Client.
6.2 Each party agrees that if any dispute arises concerning a Booking each party will attempt to resolve such dispute in the first instance by directly communicating with each other at the time of the Booking.
6.3 In the event that a dispute cannot be resolved directly it is agreed that either party may refer the dispute to the Courts, external dispute resolution organisations, or (where applicable) law enforcement authorities.
6.4 Each party agrees that Mapmelon may provide certain contact information relating to the other party for the purposes of a party enforcing their rights.
6.5 For the avoidance of doubt, this clause is without prejudice to either party's rights to bring or settle any claim against the other.
6.6 Neither party will be liable to the other for any business, financial, or economic loss or for any consequential or indirect losses such as lost reputation, lost bargain, lost profit, loss of anticipated savings, or lost opportunity arising as a result of this Agreement or any Booking (whether such loss arises as a result of negligence or otherwise).
6.7 Nothing in this clause limits or excludes the liability of either party for death or personal injury arising as a result of their negligence or the negligence of their agents.
7.1 Neither party will be entitled to assign or sub-contract their obligations under these conditions.
7.2 Neither party will be liable to the other or be deemed to be in breach of these conditions by reason of any delay in performing, or any failure to perform, any of their obligations if the delay or failure was due to any event of force majeure beyond their reasonable control.
7.3 The parties agree that the terms of this Agreement are fair and reasonable in all the circumstances. However, if any provision of this Agreement is held not to be valid by a court of competent jurisdiction but would be valid if part of the wording were deleted, then such provision shall apply with such deletions as may be necessary to make it valid. If any of the provisions in this Agreement are held not to be valid the remaining provisions of these conditions shall remain in full force and effect.
7.4 If either party breaches these conditions and the other party decides to take no action or neglects to do so, then the other party will still be entitled to take action and enforce their rights and remedies for any other breach.
7.5 This Agreement shall be governed by the laws of the State of Delaware in every particular including formation and interpretation and shall be deemed to have been made in Delaware. Both parties agree to submit to the exclusive jurisdiction of the courts located within the State of Delaware.
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