Terms and Conditions

Migoda is a technical platform including
www.migoda.com (“Site” or “Website”), mobile applications, etc. (“Migoda Platform”) working as an interface where we allow Coupon Holders to meet Hotels’ offers. Migoda itself does not organize any travels nor trips and just acts as an interface tool for Coupon Holder to redeem against a Hotel night of their choice from one of the listed Hotels on the Migoda website. As a platform provider we are a venue to solely facilitate transactions between those 2 parties. The Migoda Platform is a members only platform that you can only enter once you registered a Coupon that is connected with your personal details in a personal profile login section. The redemption of Coupons can only happen through our Migoda Platform and it is not possible to use our Services (booking and purchase of a Hotel offer) without agreeing to these Terms and Conditions. These Terms and Conditions apply to Coupon Holders having received Coupons either through promotional activities by companies or possibly also as an appreciation award.


Basics and Scope of Application


1.1 Migoda Services GmbH (Migoda) is registered and operates in Hamburg, Germany. Migoda runs the platforms under “Migoda.com” and “MigodaHotels.com” providing online hotel reservations based on its licenced coupon system. For more information about our coupon system please check our website or contact us directly. Migoda is registered in the Commercial Registery B of the Local Court (Amtsgericht) Hamburg under ID: 158535 and the VAT-ID (Umsatzsteuer ID-Nummer) is DE3260988841.
1.2 Scope of Use
The Migoda Platform and our Services are for your non-commercial, personal use only and not for business purposes, except as separately permitted in writing. You may access this Migoda Platform only through our APP, Standard WEB, Mobile Browsers and similar consumer applications, but not with any robot, spider, offline reader, site search/ retrieval application or other manual or automatic devices, tools, or processes to retrieve, index, or data mine our Site, via scraping, spidering or otherwise. As an exception, revocable at any time by us, operators of public search engines may use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of materials, but not caches or archives of such materials.
1.3 Migoda and Hotels
For any booking and any subsequent purchase of the Hotels’ offering we only act as an agent for the hotels. The hotels including their offers featured on Migoda Platform does not constitute an offer by us, but connects the Coupon Holder with the hotel’s offer, which means that the contract is solely between those two parties. The Hotels are legally responsible for providing the Coupon Holder with their offer. As a platform, Migoda is never legally responsible for the supply of the Coupon Holder’s purchased offer.
1.4 Terms and Conditions - what does it mean to you?
Please read these Terms and Conditions carefully as they apply to your use of the Services (booking and purchase). You are not allowed to make any booking or purchase unless you have confirmed that you have read and accepted these Terms and Conditions. When we send you an email confirming your booking, a contract is formed between you and us, which is governed by these Terms and Conditions. Hotels will have their own applicable Terms and Conditions, that will apply to your reservation and any subsequent purchase. In the event there is a conflict between Migoda’s Terms and Conditions and any Hotel’s Terms and Conditions, the Hotel’s Terms and Conditions shall take precedence and prevail over Migoda’s Terms and Conditions to the extent of any conflict.
1.5 Privacy Policy
When you make a booking or a purchase through Migoda’s website, the information about you will be collected, processed and used in accordance with Privacy Policy and Information Notice on Processing of Personal Data. For further and detailed information please see our Privacy Policy and Information Notice on Processing of Personal Data  (the www…….. )
1.6 Updates of these Terms and Conditions
Migoda.com can change the terms and conditions, without any prior notice, at any time without affecting the previously done bookings after the changes have been made.
2. Registering/ Closing your Account
2.1 General acknowledgement:
If you access or download the Application from the Apple App Store or the Google Play Store you agree to Apple’s/Google’s Licensed Application End User License Agreement. Some areas of the Migoda Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
2.2 Minimum Age:
You have to be at least 18 years of age and to be legally authorized to enter into contractual obligations and must use the website in accordance with the general conditions of the website.
2.3 One account only
You may not register more than one (1) Migoda Account unless Migoda authorizes you to do so. You may not assign or otherwise transfer your Migoda Account to another party.
2.4 Accurate information declaration
You are obliged to truthfully enter your personal data being accurate, true, and complete for yourself and any party you make the booking for. You will immediately inform us of any changes in respect to the truthfulness of the information you have given us. Any use of the website that is fraudulent or in conflict with the general terms and conditions shall lead, that the customer access to the services may be refused by Migoda and the suppliers. Be aware of all entrance rules to countries you are traveling to, including passport restrictions and requirements and that you meet the appropriate visa, vaccination, administrative and sanitation requirements. Migoda shall not be responsible - if you or the third party you made the booking for - are denied entrance to the territory or country of your reservation destination for failing to disclose any of the above. Should you be denied entry, you are not entitled to a refund in any amount.
2.5 Behaviour
You should be aware and make aware the individuals you possibly make the reservation for - not to behave in any way that may cause annoyance, distress, or may create the risk of danger to other persons and/or damage property during your stay at the hotel you have chosen and are contractually bound to. If at any time of your stay you are evicted due to any of the above reason at the discretion of the hotel, we will not refund on behalf of the hotel any portion of the meal allowance package price you purchased including your used Coupons. You agree to pay for any damages, losses, liabilities or costs incurred - for your misbehaviour and the individuals you may possibly have made the booking for –  to the Hotel arising out of any claims or legal proceedings, which are brought forward to us by any person arising from or in connection with your misbehaviour under these Terms and Conditions.
2.6 Account security
You are responsible for maintaining the confidentiality and security of your Migoda Account details and may not disclose your details to any third party. You must immediately notify Migoda if you know or have any reason to suspect that your private informations have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Migoda account. You are liable for any and all activities conducted through your Migoda account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your information).
2.7 Fraud
Migoda with our sole discretion reserves the right to cancel your reservation or purchase with immediate effect without any compensation onto you, if either we or the hotel are notified, or become aware, of any suspected or actual fraud, or illegal activity associated with any payments made in respect of the booking or purchase, we reserve the right within our sole discretion to cancel your booking or purchase with immediate effect and without any compensation owed to you.
2.8 Account Confirmation
After you have finished your registration, you will get a confirmation email by us.
2.9 Transfer of Account
Please be also aware that you are not allowed to transfer your account to a third person.
2.10 Closing your Account
Should you no longer be interested in Migoda’s services you can at any time cancel your registration by sending an email to admin@migoda.com. If you request to cancel your registration, your Migoda account will be closed after all of your bookings are processed (if any) and no bookings remained. If you also would like to cancel your bookings you may do so via Migoda Platform or state your request in your email for cancellation.
3. Redemption of the Coupon
3.1 The Coupon, in either electronic or physical form with digital combination of numbers and letters, entitles the holder of such Coupon (the “Coupon Holder”) to receive 1 free night for up to 2 persons in a room or a discounted room in a Migoda partner hotel.
3.2 The Coupon is valid for 18 months after registration on migoda.com  (“Redemption Period”).
3.3 The Coupon is redeemable in their entirety only and can only be redeemed once. They cannot be redeemed partially or incrementally.
3.4 The Coupon can only be redeemed with Migoda.
3.5 The Coupon can be transferred only for one time to another person. If this is what you desire, then contact us under admin@migoda.com with your details (name, surname, birthdate, email address of the person to gift the Coupon(s) to) the number of Coupons you would like to transfer and of course the email of the new receiver. We - in this case - will be in contact with you via email confirming the transfer of your Coupons to the new Holder
3.6 If you do not redeem the Coupon within the Redemption Period, the Coupon automatically expires and it can not be redeemed anymore. You are also then not entitled for any reimbursement or compensation. Should you however be slightly over the expiration date you can get in contact with our customer service team to possibly prolong your Coupon for usage. But it is Migoda’s sole discretion to prolong your Coupon redemption period. In this case, please send an e-mail to admin@migoda.com.
3.7 The Coupon does not entitle the Coupon Holder to receive the Hotel’s offering at a specific time. Therefore you are strongly advised to make your booking at the earliest time possible. Doing so, this will give you the best chance of securing your preferred time and to not possibly lose out on the Hotel’s quota for Coupon Holders. During high season and particular holidays like Christmas, New Year, Easter and Sugar Feast, as well as trade-shows and other events the hotel might not be able to provide space for Coupon Holders or any period that Hotels decide not to offer room for Coupon Holders.
3.8 In the event that a Hotel cannot make its offering available for unforeseen reasons such as Force Majeure, Migoda will notify you as soon as possible by email. In this case the Hotel’s insurance will be applicable and your claim for your stay is with the Hotel. We advise you in any case to take out travel insurance for unforeseen possible cancellations. However for the inconvenience we at Migoda will offer you the same amount of Coupons redeemed for this event.
3.9 Life is often about unforeseen events and for whatever reason that you might cancel a booking, Migoda will accommodate to your needs, if your cancellation is at least 48 hours prior to your hotel stay. In this case please write us an email under admin@migoda.com to explain your cancellation. But in case of any cancellation, Migoda will offer to the Coupon Holder another Coupon but not return the Coupon price in cash.
4. Use of a Coupon
4.1 The number of the Coupons an individual has registered in his Migoda personal account space, allows him to an equal number of nights in a Hotel (supplier) listed on the Migoda.com website. The Coupon redemption varies dependent on the hotels acceptance of Coupons. The hotels will hold the right to make space for Coupon Holders on their individual booking situation.
4.2 Any attempt to use the Coupon contrary to our Terms and Conditions may render the Coupon void at Migoda’s discretion.
4.3 The Coupon has no cash value and no refunds or cash alternative will be offered.
4.4 The reproduction of the Coupon is prohibited.
4.5 The commercial trade of a Coupon is prohibited.
4.6 The resale of a Coupon is prohibited.
4.7 In case the breach of provision stated in Sections 4.4, 4.5 and 4.6 above, Migoda shall be entitled to terminate your Migoda account and all your bookings made via Migoda Platform. In this case, Migoda shall also be entitled to request compensation for the damages that it suffers for this reason.
5. Booking
5.1 Making a booking
5.1.1 Subject to Hotels availability you can make a booking redeeming your Coupon online through the Migoda website. You first need to go online and create an account. Therefore visit migoda.com and login using your email address and password. If you are a first time website visitor you will need to also provide further details like birthdate and gender to register your Coupons. Once logged in you will be able to view numerous Hotels to choose from for your night over to redeem a Coupon.
5.1.2 To make a booking you must select the Hotel you would like to stay including the offered meal allowance package (breakfast, half board, full board, all-inclusive, ultra-all-inclusive) as well as the travel dates and click on the “booking request” button. We trust you making the correct selection on the number of people. Should the Hotel notice that more people are traveling on the Coupon than stated, the Hotel can cancel your stay upon arrival.
5.1.3 Once you have clicked on the “booking request” button you will receive a notification that your booking request has been received by Migoda.
5.2 Booking Acceptance, Times frames and Payment
We reserve the right to determine, within our sole discretion whether to accept your booking. In case Migoda accepts the booking, the booking notification will inform you that it is sent to the Hotel. This process then can take up to 48 hours for the hotel to reply back. You will be notified by email that the Hotel has accepted your Coupon against your booking request. In this Confirmation of Booking you will then be guided to the payment section to finalize your trip. The payment needs to be done after the Coupon Holder receiving confirmation from the hotels for the room(s) within a 48 hour timeframe. If 48 hours have surpassed and the Coupon Holder has not paid the meal allowance package, than the room reservation(s) on the Hotel side will be cancelled. The Coupon Holder - if he still wants to repeat this experience - has to redo the booking all over again in order to reserve the same hotel nights. However availability may have changed, so the Coupon Holder has to look at finding new dates or possibly another hotel. Payment CC verification of (full amount) is only charged 48h prior to arrival to hotel.
5.2.1 Payment
In the payment section before purchasing your meal allowance package, you will need to agree to our Preliminary Information Form and Distance Contract on Meal Allowance Package and this Terms and Conditions.
5.2.2 Check your booking confirmation
Upon receiving the booking confirmation, check the details (your details, dates, meal allowance package’s price) and if there is a discrepancy between your reservation and the booking confirmation email, please contact us immediately by email at admin@migoda.com. Should you not receive a booking confirmation email after 48 hours please send an email to booking@migoda.com.
5.2.3 Your Hotel Booking Contract
Please note that it is the Hotel, who is legally responsible for supplying you with a free room for up to two and the purchased meal allowance package (breakfast, half board, full board, all-inclusive, ultra-all-inclusive). The Coupon Holder arranges his travel to the hotel and back, which falls under   his own individual responsibility and is not provided in the booking of the hotel itself. As an agent we are not legally responsible for the provision of your purchased meal allowance package and your night over at the hotel. You agree and understand that you have legally entered a contract directly with the Hotel and their Terms and Conditions apply to you.
6. Pricing
6.1 Whom to pay
All payments made by you for your purchase of a meal allowance package (breakfast, half board, full board, all-inclusive, ultra-all-inclusive) will be taken by us on behalf of the hotel. Shortly after we confirm acceptance of your payment, we will send you your booking and purchase confirmation invoice by email.
6.2 Pricing Errors
It is human to make mistakes, also technical or otherwise. We will use reasonable measures to correct any mistakes as soon as practicable after being notified of them. In this case the mistake will be corrected and we reserve the right to make the option of re-making the booking at the correct price.
6.3 Taxes
The Coupon Holder should be aware that the local authorities in certain countries can impose additional taxes (tourist tax, etc), which will have to be paid locally. The Coupon Holder is responsible for paying such extra taxes. The taxes levied on payments correspond to the anticipated taxes for the meal allowance. The hotel charges the guest the respective tax amounts. The hotels themselves are responsible for the transfer of the applicable taxes to the respective authorities in their own countries.
6.4  Extra Charges
You are advised that during and throughout your stay added extras may be available for you to purchase that are not included in your purchased meal allowance package. Such added extras will be your sole financial responsibility and will have to be paid at the Hotel.
6.5 Price Revision for Booking
Migoda will not change the price of your meal allowance package price after we have sent you your booking confirmation e-mail.
6.6 Currency conversion
Migoda generally supports payment amounts that are payable from or to Coupon Holders or Hotels to the smallest unit supported by a given currency (i.e., Euro cents or other supported currencies).
7. Changes and Cancellations
7.1 You changing your details
Please understand that Migoda may not be able to change the name of individuals in your booking. Whether we agree to such a name change request is entirely in our discretion. If we do not change a name on your booking, then you may need to cancel and re-book - subject to availability. You will then have to incur any associated cost in respect of such a cancellation. If you want to learn more about changing a name, please contact us at booking@migoda.com. Any change of details other than the name change may not be possible. However, you can always cancel your purchase and book again - subject to availability and cancellation policy.
7.2  You cancelling your Booking
Changes and cancellations must be immediately submitted to Migoda. Please send an email to booking@migoda.com. The email should arrive latest by 48 hours prior to hotel stay - noon time check-in. After that our “Non-Refundable” booking period kicks in, and your booking can’t be changed nor cancelled. We will then have to charge you the full meal allowance amount for the nights booked and for the people traveling. Also your Coupons applied will become invalid.
7.3) We advise in any case to take out a travel insurance. In the case of ‘No-Show’ in the hotel there will be no refund of your purchase nor a reimbursement of your Coupons used.
7.4) Booking mistakes on your behalf, which you have not detected within the 48 hour prior to the free booking cancellation period will lead to the booking to be fully charged, due to the reliance on the validity of the booking. If you detect the mistake prior to the 48 hours, please see what we say in clause 7.2).
7.5 Changes in your Booking
Migoda.com is not liable for the availability and provision of the service in case of technical reasons (overbooking due to connectivity issues with the hotel itself), Force Majeure, maintenance or other reasons beyond the suppliers reasonable control. In such a case Migoda.com will make all reasonable efforts to notify the Coupon Holder and try to accomodate a similar experience in an adequate alternative hotel. Should the overnight(s) be cancelled or amended due to technical issues of Migoda, Migoda will pay a reasonable compensation to the customer or will ensure that all moneys paid in regards to the hotel booking will be refunded.
7.6 Hotel cancels your booking
Due to reasons of Force Majeure (weather conditions such as hurricanes, floods etc as well as political conflict and alike) and others as well as your failure to pay the full cost of your meal allowance package, we reserve the right to cancel your booking for the above reasons and without any compensation being owed.
8. Complaints
8.1) If you have a problem with your booking you should bring it immediately to the attention of the Hotel (hotel manager or resort representative).
8.2) If your complaint is not resolved locally you should contact us and let us know the problem. Please send an email to customerservice@migoda.com.
9. Useful Information
9.1 Passport requirements
A valid passport or for European Citizens or a valid ID  (at least 6 months valid after the end of your stay) is required for all bookings and purchases. You are entirely responsible for your specific passport, visa and other immigration requirements. You should confirm these with the relevant embassies and/or consulates prior to travelling. Depending on your booking and purchase there may be compulsory health services applicable to your trip. Make sure that you have your vaccinations taken care of and your vaccination documents with you. Should you be denied entry because of default of any of the above we do not accept any responsibility. We will not reimburse any payment nor coupons..
9.2 Foreign and Commonwealth Office Advice
The Foreign and Commonwealth Office (FCO) provides travel advice about most destinations throughout the world. We encourage you to visit FCO’s website for you to learn more about specific information relevant to your booking.
9.3 Hotel Check-in and Check-out Times
Hotel Check-in will depend on the Hotel. While you should check with your booked hotel prior to arrival the information for check-in and check-out times, as a general rule check-in will be at 15.00 and check-out at 11.00 o’clock local time. Additionally, if you arrive late you should inform your hotel to ensure any delay in checking in, so it does not affect your rights. It is your responsibility to abide by the Hotel’s Terms and Conditions regarding check-in and check-out times.
9.4 Meal Packages
The number of meals depend on what the Coupon Holder has chosen as his meal allowance package. Full board normally includes breakfast, lunch and dinner. Half board normally includes breakfast and either lunch or dinner, depending on the hotels decision. Generally - except with breakfast only packages  - the meals start with dinner on the day of arrival and terminate with breakfast (on half board) or lunch (on full board) on the day of departure. If one or more meals are not taken, no refunds will be made. The Coupon Holder is reminded, unless specified otherwise on the website, drinks are not included with meals. If drinking water is not available the Coupon Holder will have to bear the cost of buying it for himself. Parents should be aware to bring special food for their baby with them, as it may not be available locally.
10. Intellectual Property Rights
All copyrights, trademarks, and other intellectual property rights of any text, image and other material on this website are the property of Migoda or incorporated in the platform with the permission of the respective owner.
11. Conduct and liability of the user
11.1 Any use of the website that is fraudulent or is in conflict with the general terms and conditions shall lead, that the customer access to the services by Migoda and the suppliers may be refused. In such a case, the Coupon Holder will not claim any compensation from Migoda.
11.2 The Migoda Platform is for your own use but not for a commercial usage. You may not modify, copy, distribute, transmit, publish, license, create derivative works, nor assign or sell any information, software, products, or services you receive through the Migoda website.
11.3 You may not use this website and the services in such a way that they thereby violate applicable law of the Netherlands or these terms of use.
11.4 For the use of this website by you and possibly persons of your household including minors, you are liable for the use in accordance with the statutory provisions.
11.5 Any booking on this site, made by a third party on your behalf, must be monitored. Similarly, any information provided through your account must be accurate and complete.
11.6  You agree that you are solely responsible for your conduct while using the Migoda website and that you will not use the Migoda Platform in any manner that could interfere with, disrupt, negatively affect or inhibit other Coupon Holders from fully enjoying the Migoda Platform or that could damage, disable, overburden or impair the functioning of the Migoda Platform in any manner, harass, threaten, or intimidate Migoda employees with inappropriate language or behaviour, collect any personal information or personal data about other Coupon Holders or intimidate, threaten, stalk or otherwise harass or cause discomfort to other Coupon Holders, Migoda employees, partners or contractors; use the Migoda Platform for any illegal or unauthorized purpose or engage in, encourage or promote any illegal activity or any activity that violates these Terms and Conditions or any other rules or policies established from time-to-time by Migoda, create an account; modify, adapt, hack or emulate the Migoda Platform.
11.7 If you breach these Terms and Conditions and cause a damage to Migoda, you can expect legal action against you.
12. Liability Disclaimer of Migoda.com
Migoda strives to ensure the accuracy of the information on its website. However, Migoda also relies on the information - like photographs, hotel property description, facilities and hotel amenities and any other information -  it receives from their partnering hotels. Migoda has no means of verifying this information and therefore makes neither warranty nor representation of the suitability, accuracy, completeness nor timeliness of this information.
13. User Content
13.1 Migoda will at one point ask its customers for rating their hotel & food experience and will be delighted to hear about it. Please note that when posting content through email, or posting content on our website through other mediums, your recognize that your content is neither confidential nor proprietary. Migoda is not liable for your content and holds also the right not to publish your content. Once in a while Migoda may incentivize customers through Coupons to rate their experience. Since it is important for us that ratings are unbiased and truthful, it doesn't matter if a rating is written positively or negatively for this incentification. You are completely responsible for your content. It is forbidden to post or transmit to or from our website content that is unlawful, threatening, defamatory, obscene, pornografic or otherwhise infringing; libelous, defamatory, profane, sexually explicit, indecent, lewd, vulgar, suggestive, violent, harassing, hateful, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable, contain any advertising material, in particular advertising for or marketing of goods and services; and material that infringes or acquires the any patent, trade secret, right of privacy, right of publicity or other intellectual property right, copyright, trademark or other rights of a third party; personal data or private information of any third party. You are solely responsible for any damage resulting from any violation of the above restrictions and for any other damage resulting from posting content on our website. You acknowledge that Migoda may exercise its rights with respect to any content you submit (such as use, publication, deletion) without notice to you. On submitting more than one rating we will only save your most recent rating - all others we shall delete.
13.2 Migoda will also on a regular basis share through newsletter activity travel related content. With your confirmation you will receive these newsletters per Mail on a regular basis. With your consent we will only use your email address for internal ad campaigns. Should you no longer want to receive our newsletter you can at any given moment resign from it by hitting the unsubscribe button on the newsletter e-mails.
14. Disclaimer
14.1 Unless your Country of Residence is in the EU, you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Migoda Platform and Collective Content, your publishing or booking of any Listing via the Migoda Platform, your stay at any Accommodation, participation in any Experience or Event or use of any other Host Service, participation in the Group Payment Service, or any other interaction you have with other Members whether in person or online remains with you. Neither Migoda nor any other party involved in creating, producing, or delivering the Migoda Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Migoda Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the Migoda Platform, or (iv) from your publishing or booking of a Listing, including the provision or use of a Listing’s Host Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Migoda has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Hosts pursuant to these Terms or an approved payment request under the Migoda Host Guarantee, in no event will Migoda’s aggregate liability arising out of or in connection with these Terms and your use of the Migoda Platform including, but not limited to, from your publishing or booking of any Listings via the Migoda Platform, or from the use of or inability to use the Migoda Platform or Collective Content and in connection with any Accommodation, Experiences, Event, other Host Service, the Group Payment Service, or interactions with any other Members, exceed the amounts you have paid or owe for bookings via the Migoda Platform as a Guest in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Host, the amounts paid by Migoda to you in the twelve (12) month period prior to the event giving rise to the liability as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Migoda and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect Migoda’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
14.2 If your Country of Residence is in the EU, Migoda is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. Migoda is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents. Essential contractual obligations are such duties of Migoda in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract but the amount shall be limited to the typically occurring foreseeable damage. Any additional liability of Migoda is excluded.
15. Indemnification
You agree to release, defend, indemnify Migoda and hold Migoda and its affiliates and subsidiaries, including but not limited to, Migoda and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms and Conditions, (ii) your improper use of the Migoda Platform or its services, (iii) your interaction with any member, stay at an hotel, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your breach of any laws, regulations or third party rights.
16. Applicable Law and Jurisdiction
This Agreement is subject to Dutch Law and any dispute or claim arising out of or relating to this Agreement, or the breach, termination or invalidity thereof, shall be finally settled by Dutch courts.
17. General Provisions
17.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Migoda and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Migoda and you in relation to the access to and use of the Migoda Platform.
17.2 No joint venture, partnership, employment, or agency relationship exists between you and Migoda as a result of this Agreement or your use of the Migoda Platform.
17.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
17.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
17.5 Migoda’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
17.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Migoda's prior written consent. Migoda may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
17.7 Unless specified otherwise, any notices or other communications to members/Coupon Holders permitted or required under this Agreement, will be provided electronically and given by Migoda via email, Migoda Platform notification, messaging service (including SMS and WeChat) or Migoda App Notifications.
17.8 If your Country of Residence is in the EU you can access the European Commission’s online dispute resolution platform here: http://ec.europa.eu/consumers/odr. Please note that Migoda Netherlands is not committed nor obliged to use an alternative dispute resolution entity to resolve disputes with consumers.
17.9 If you have any questions about these Terms please email us at […].
18. Privacy Policy
We value your privacy and protection of your personal data. To understand how we process your personal data please see our privacy policy at […].
19. Payment Terms of Service
[….]