Terms of Services
Terms of
Services
GENERAL TERMS AND
CONDITIONS The following expressions in these General Terms and Conditions
shall mean:
Incorporations by reference If you are booking flightst via Megabon, terms & conditions are incorporated in these terms by reference. You can find Skypicker’s Terms & Conditions via this link https://www.data.goavio.com/pdf/terms-policy-cookies.pdf. By accepting our terms of service you are also accepting Terms & Conditions of SkyPicker.com s.r.o...
LIMITATION OF LIABILITY 38.To the maximum extent permitted by applicable law, neither Seller nor its suppliers and subcontractors shall be liable to Right Issuer/s or Buyers/s or any other third party for any damages either direct, indirect, incidental, consequential or otherwise (including in each case, but not limited to, damages for the inability to use or access the services, loss of business, loss of profits, business interruption or the like), arising out of the use of or inability to use the Right Issuer's services.
- SELLER is the company Moderna Ventures SA, Via Industrie 25, 6512 Giubiasco, Switzerland, which, as an independent contracting party, sells, against payment, the issued options for the use of hotel services in the form of Vouchers, on its behalf and for its account;
- BUYER is a natural person who buys a Voucher from the Seller and acquires rights to direct use of services towards Option Issuer with prior agreeing date of using services provided by Option Issuer;
- VOUCHER is a receipt/statement in the sense of Swiss code of Obligation, which confirms the existence of the RIGHT giving the right, however not also the obligation, to a Voucher holder to buy the services specified on a Voucher, from an Option Issuer at the Strike Price within the indicated time period with prior reservation of the Services defined on the Voucher at Option Issuer;
- RIGHT ISSUER is a legal entity who has issued an option for the purchase of its services at a special price, and authorised the Seller to sell such options on the market as Vouchers on its behalf and for its account;
- RIGHT means a contractual relation in which the buyer of the coupon -Customer/Beneficiary, has the right, but not the obligation, to buy specified services of Option Issuer at a specified price (Strike Price) within a certain period of time (until expiration of the Right, and at the conditions specified in the Coupon).;
- COUPON, means a certificate of Right issued by the Right Issuer, sold to Buyer by Seller and entitling the holder to obtain discount prices for hotel services during the Vesting period,
- E-Coupon, means an electronic Coupon,
- Face value of Coupon means the value, as marked on the Coupon.
- Strike Price, means the fixed price at which the Buyer can purchase Right Issuer’s services,
- Retail Price means the price at which the Buyer can purchase the Coupon,
- GTCM are these General Terms and Conditions for Sales of Vouchers as announced on the website http://www.megabon.com/ with periodic changes and additions;
- Entry Page means a Web page where readers arrive at “http://www.megabon.com/” site from other domains.
- PDF file, means a Portable Document Format file,
- In writing, includes facsimile, e-mail or any other recording by electronic means
- Person, means person and/or legal entity
- REGISTERED USER is a person who properly registers to the website http://www.megabon.com/and undertakes to respect the GTCM, thus being given the possibility to receive e-messages about special offers, and the right to buy Coupon at special prices; Logging in entitles Registered users to receive Newsletters of the newest offers available and to purchase one or more Coupon/s;
- VESTING PERIOD means the period in which the Coupon may be excersised.
- COUPON REDEMPTION/OPTION EXERCISE means that a holder of a Coupon submits to an Right Issuer a printed Voucher and pays for the use of the services specified on such Coupon at the Strike Price indicated on the Voucher, for the dates that were booked prior to this in agreement with an Right Issuer.
- These GTCM shall apply for all the transactions carried out with Vouchers, which are offered and sold to Buyers by a Seller via the website “www.megabon.com” or any other sales channel.
- Based on authorisation by the Right Issuer, the Seller has the right to sell, on its behalf and for its account, options as Vouchers that give their holders the right, however not also the obligation, to buy within the indicated time period the services, which are specified on a Voucher, from the Right Issuer at the Strike Price, upon previous booking confirmation received from the Right Issuer.
- The Beneficiary is the holder of a Voucher, either the Buyer or another person who has received from the Buyer the Voucher as the receipt. The Voucher is transferrable to another person at any time from the date it was purchased until the moment when the Hotel confirms the booking to the person submitting the Voucher.
- The holder of a Voucher shall exercise his RIGHT by means of Voucher redemption by submitting a printed Voucher at the Right Issuer and paying the Strike Price specified on the Voucher for the use of the services indicated therein, at any time during the validity of the Voucher, provided that a written booking confirmation has previously been obtained from the Rigth Issuer.
- The Right shall remain vested and exercisable anytime, during the term of validity, (subject to prior Right Issuer's confirmation of reservation), until the expiration date marked on Coupon and solely at the Right Issuer, which is obliged to provide to the holder of the Voucher the indicated promotional service in the best possible way, considering the quality standards, at an equal or better way than that used in its regular operations with its customers.
- The Right expires and may not be exercised to any extent by anyone after the expiration date marked on Coupon.
- Buyer may exercise the Right anytime during the term of validity, but subject to prior Right Issuer's confirmation of reservation.
- The Buyer exercises the Right by booking a valid reservation with the Right Issuer. After Right Issuer's confirmation of reservation, Buyer shall pay the price of services (Strike Price), booked upon arrival to Right Issuer's or other facility, resulting in the Coupon being fully used and Right deemed to be exercised. The Coupon must be delivered to the Grantor at arrival.
- The Right may be sold, assigned or transferred by handing over the Coupon to a new holder, provided it has not been exercised, nor has expired. During the lifetime of the Buyer, only the Buyer may exercise the Right. In case of the death of the Buyer, the Right may, prior to the expiration, be exercised by any person empowered to do so under the deceased Buyer's will or under the applicable laws.
- The Seller is not the Option Issuer; therefore, it has no obligations in respect of the Buyer or another holder of a Voucher, other than guaranteeing that the Right Issuer indicated on a Voucher has obliged itself to the holder of a Voucher to perform, against payment, the services specified on the Voucher.
- The Right Issuer as is exclusively and entirely responsible for the fulfilment of liabilities arising from the Voucher. Any possible complaints from the Buyer shall be solved directly with the Right Issuer, in accordance with the locally applicable complaint periods, Right Issuer's legislation and best practices.
- Vouchers, published on the website www.megabon.com are available to customers at the indicated prices and in accordance with these GTCM and the conditions of the Right Issuer that is a part of the promotional offer.
- By buying a Voucher, you agree that your payment card be debited in the amount of Retail Price. In order to buy a Voucher, a user account must be previously opened at the website www.megabon.com. Opening a user account gives you the right to access and print your orders, view your previous purchases, and edit items.
- The material elements of the offer, prices and time periods, including all taxes and other charges, published on the website www.megabon.com, shall apply in the moment of the Seller’s final Voucher purchase order confirmation to the buyer.
- The total price of the services, without and with VAT, is provided next to the “Continue the purchase” button even before you finish your Voucher purchase order.
- Your order is confirmed and the Voucher purchasing process completed when you receive a generated Voucher with your profile at the website www.megabon.com under the category “My Vouchers”.
- It is in the sole responsibility of a Right Issuer to decide whether a Voucher may be combined with vouchers of third issuers, and with other vouchers or promotions of Right Issuer.
- Vouchers shall apply for two (2) persons and a selected number of nights with breakfast, including other activities determined by a Hotel, unless indicated otherwise in an individual offer on a Voucher.
- Any attempt to use a Voucher in any way other than those agreed in accordance with these GTCM and the rules of the Righ Issuer shall result in the annulment of the Voucher without the right for any kind of compensation.
- A Voucher considered redeemed shall be the Voucher that is first submitted to Right Issuer. A holder of a Voucher is obliged to make sure to prevent any possible unauthorised distribution of a Voucher. A holder of a Voucher shall bear the entire responsibility for the damage that might arise from this.
- The validity of a Voucher shall terminate on the date indicated on a Voucher, and it cannot be prolonged.
- The Voucher purchase procedure is as follows:
- Righ Issuer offers are presented on the website www.megabon.com. By clicking the “View the offer” button, the Buyer reaches the desired offer.
- After viewing the offer and deciding on the purchase, the Buyer clicks the “Buy” button. A new window pops up, where the purchase is made in two steps, by (i) choosing the suitable number of Vouchers, with a maximum number of three Voucher orders per person, and (ii) selecting the payment method (credit card, wire transfer or other payment methods indicated).
- The price of a Voucher/Vouchers is seen on the bottom left part of the screen. The Buyer pays Retail Price immediately to the Seller, and Strike Price when submitting a Voucher to a Righ Issuer, or in agreement with a Right Issuer.
- After completed steps, the Buyer clicks the “View the purchase” button.
- The Buyer checks the selection of the offer and the accuracy of data, the number of Vouchers, the name of the Hotel and the sum that is paid immediately, and the remaining sum that is paid to the Hotel. If the Buyer wishes to change the provided data, a certain selected option, or to choose a different offer or cancel the ordering procedure, he/she can click the arrow button to return to the previous step. To accept the selected offer, the Buyer clicks the “Complete the purchase” button.
- If the purchase was successful, the Buyer will see the text “Thank you for your purchase” on the website. When paying with credit card, the Buyer will be redirected to the home page to his/her profile under the category “My Vouchers”, where the purchase will be recorded and a Voucher displayed.
- The Buyer can view his/her valid Vouchers, which are ready for printing and redeeming at a Hotel, and the already redeemed Vouchers in his/her profile.
- The Buyer is obliged to submit an originally printed Voucher at a Hotel. Presenting only the code of a Voucher at a Hotel is not enough to redeem a Voucher.
- Righ Issuer agrees to activate each particular Coupon upon commencement of providing the services to the Buyer. A Coupon is activated by Righ Issuer entering a Coupon code into web interface www.megabon.com/hotel. An activated Coupon is considered fully used and Right exercised.
- Righ Issuer shall accept and manage all Buyer's complaints, complying with Buyer's protection and other legislation in force.
- All costs and expenses regarding resolution of Buyer’s complaints, (money refunds, alterations of schedule or scope of services, etc.), arising from Right Issuer’s offer and services provided, shall burden the Righ Issuer solely. The same applies for any governmental or judicially imposed fines, fees, restrictions, modifications, etc.
- All refunds to Buyers will be executed entirely by the Righ Issuer as its burden only. Seller shall have no obligation to refund the cost of Coupons purchased by Buyer.
- Seller shall not provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials published or offered on “MEGABON”™ website for any particular purpose. Such information and materials may contain inaccuracies or errors and Seller expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Buyer’s use of any information or materials on “MEGABON”™ website is entirely at Rigt Issuer’s own risk, for which Seller shall not be liable. It shall be Right Issuer’s own responsibility to ensure that any products, services or information available through “MEGABON”™ website meet its specific requirements.
- The “MEGABON”™ website contains material which is owned by or licensed to Seller, which shall retain all title, copyright and other proprietary rights in the advertisements, advertising materials and translations thereof. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice.
- Right Issuerr shall not acquire any rights in the advertisements, advertising materials and translations, than those, especially granted and specified.
- Terms and conditions of the “MEGABON”™ website, apply to relations between a Buyer – holder of a Coupon and Seller as a dealer of Rights/Coupons.
- Seller has no legal obligations towards a Buyer - Coupon holder, except that Seller represents the fact that Coupons/Rights have been actually issued by the Right Issuer.
- This GTCM shall be governed by Swiss Code of Obligations and other laws of Switzerland.
- In case of any dispute arising from this GTCM, the courts in Lugano, Switzerland,shall have exclusive jurisdiction.
- Neither party shall be liable to the other for failure or delay in the performance of a required obligation if such failure or delay is caused by act of God, fire, act of government or state, war, civil commotion, insurrection, embargo, prevention from or hindrance in obtaining any raw materials, energy or other supplies, riot, flood, natural disaster or other similar cause beyond party's control, provided that the party gives prompt written notice of such condition and resumes its performance as soon as possible, and provided further that the other party may terminate this Agreement if such condition continues for a period of 30 (thirty) days.
- The implementation of this GTCM shall be suspended during the period in which the Force Majeure reason is in force.
Incorporations by reference If you are booking flightst via Megabon, terms & conditions are incorporated in these terms by reference. You can find Skypicker’s Terms & Conditions via this link https://www.data.goavio.com/pdf/terms-policy-cookies.pdf. By accepting our terms of service you are also accepting Terms & Conditions of SkyPicker.com s.r.o...
LIMITATION OF LIABILITY 38.To the maximum extent permitted by applicable law, neither Seller nor its suppliers and subcontractors shall be liable to Right Issuer/s or Buyers/s or any other third party for any damages either direct, indirect, incidental, consequential or otherwise (including in each case, but not limited to, damages for the inability to use or access the services, loss of business, loss of profits, business interruption or the like), arising out of the use of or inability to use the Right Issuer's services.
- Notwithstanding any damages that Right Issuer or Buyers or any other third party might incur for any reason whatsoever, the entire liability of Seller and any of its suppliers arising from sale or related to the Coupons/Rights shall be limited to the amount actually paid by Buyer to Seller for the Coupons concerned. In case that Buyers are entitled to be reimbursed of their expenses, Right Issuer is obliged also to reimburse them the retail price paied for the Coupon, without any obligation for Seller to refound it to Right Issuer.
