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Payment terms
Ultima actualización:5 of of July 2018
Welcome to Menurka Group Payment, a service available through the Menurka platform that allows a guest to organize travel for two, three, or more payers in a single booking.
Use of the Group Payment service is subject to your acceptance of these Group Payment Additional Terms of Service ("Group Payment Terms"), which apply in addition to the Menurka Terms of Service and the Menurka Payment Terms of Service ("Payment Terms") and the Menurka Privacy Policy ("Privacy Policy"), and are effective from the date you invite others to participate in a Group Payment booking, accept that invitation, participate, or use any of the Group Payment Service features, whichever occurs first.
For the purposes of these Group Payment Terms, you are contracting with Menurka, as set forth in the Payment Terms and Conditions. In the event of a conflict between one or more of the terms of the Terms of Service, the Payment Terms, and these Group Payment Terms, the terms of this agreement shall prevail unless explicitly stated otherwise.
1. Definitions
All capitalized terms not defined herein have the meaning given to them in the Terms of Service or Payment Terms.
"Organizer" means a Member who initiates a Booking Request for a Listing and manages the Booking once confirmed, on behalf of themselves and two or more Co-Payers.
"Co-Payers" means individuals who are invited and, in turn, agree to participate in a Group Paying Booking Request by paying a pro rata share of the Total Fees.
"Group Paying Booking Request" means a booking request initiated by an organizer after designating that they are organizing group travel on behalf of themselves and two or more Co-Payers.
"Group Payment Booking" means a Group Payment Booking Request that has been accepted by the Host and paid in full by the Organizer and their co-pays.
2. Acceptance
The Acceptance terms detailed in the Terms of Service continue to apply. In addition, for an Organizer to participate in the Group Payment service, they must:
(i) travel with two (2) or more additional adult guests;
(ii) book a Listing for personal, non-business travel;
(iii) book a Listing where the Accommodation Fee exceeds the total number of payers (including the Organizer and any co-pays); and
(iv) book a short-term reservation (less than or equal to 28 days).
The Group Payment service is currently not available:
(i) for Experiences offered on the Menurka Platform;
Menurka reserves the right, at our sole discretion, to limit the number of Listings available through the Group Pay service. Similarly, when acting as an Organizer, Menurka reserves the right, at our sole discretion, to limit the number of co-payers you may invite to participate in any Group Pay booking request or cancel a booking request if you, the Organizer, or any of your traveling companions do not meet the requirements to become or remain a member.
3. Group Pay Bookings
If a booking is eligible for the Group Pay service, you as the Organizer will see an opt-in option that allows you to submit a Group Pay Booking Request. If you choose to use the Group Pay service, you must designate the number of co-payers who will participate in the booking. You as the Organizer must also invite each co-payer to participate in the Group Pay Booking Request.
For Listings where the Owner requires you to request a booking, you, as the Organizer, will be charged your share of the Total Fees upon accepting the Host's Group Pay Booking Request. You can then send invitations to all co-payers, linking them to the Group Pay Booking Request. Co-payers will have five (5) days from the time the Owner accepts and confirms the Group Pay Booking Request to remit their respective payments.
For Listings set up as Instant Booking, you, as the Organizer, will be charged your share of the Total Fees upon submission of the Group Pay Booking Request. You can then send invitations to all co-payers, linking them to the Group Pay Booking Request. Co-payers will have three (3) days from the time the Host accepts and confirms the Group Pay Booking Request to remit their respective payments.
If you do not complete the payment withinor the designated timeframes, your Group Pay Booking Request will be canceled. Additionally, in the event that the Organizer's Payment Method fails, you will be contacted through the Menurka platform to submit another payment; this payment must be received within the same timeframes designated for co-payers to avoid cancellation of the Group Pay Booking Request.
In situations where the Total Fees cannot be divided equally between the Organizer and any Co-payers, the amount will be divided in a way that allows each co-payer to pay an equal amount; you, as the Organizer, will pay the difference, which will be less than the amount paid by the co-payers. The difference in these payment amounts is expected to be nominal. Once a Group Pay Booking is confirmed, the Organizer is responsible for managing the booking, communicating with the Owner, making any necessary modifications to the booking, and any co-payers who subsequently choose not to participate in the Group Pay Booking. The Organizer may change the dates or travelers in a Group Pay booking, but cannot change the number of co-pays.
If you, as the Organizer, submit a modification request that increases the total Fees owed for the Group Pay Booking Request, you will only be charged the amount of that increase. If you, as the Organizer, submit a modification request that decreases the total Fees owed for the Group Pay Booking Request, the amount of any refund will be divided proportionally between you and all co-pays. While unexpected, this may result in your Group, or some members of your Group, paying some payments directly outside of the Travel Group service.
If the Organizer submits multiple Group Pay Booking Requests for the same dates, and more than one of the booking requests is accepted, the Organizer will be responsible for all applicable Service Fees and cancellation fees.
4. Co-Payers
By participating in a Group Paying Booking, each co-payer authorizes the Organizer to:
(i) act on the co-payer's behalf to manage the booking and any subsequent modification requests; and
(ii) view the status of all payments associated with the Group Paying Booking.
The Co-Payer acknowledges and agrees that an agreement is established between the Organizer and the Co-Payer when the co-payer:
(i) accepts the organizer's invitation to the Group Paying Booking request and:
(ii) pays bids for their pro rata share of the total fees. The terms of that agreement include the terms set forth in these Group Payment Terms and any other terms agreed to by both the organizer and the co-payer to the extent such terms do not conflict with these Group Payment Terms, the Payment Terms, or the Privacy Policy, and do not expand Menurka's obligations or restrict Menurka's rights under these Group Payment Terms, Payment Terms, or Privacy Policy.
5. User Conduct
In addition to the obligations contained in the Terms of Service, co-payers and organizers may not, and agree not to:
Submit any Group Payment Booking Request with false or misleading information, including identifying information, or submit a Group Payment Booking Request that is not intended to be fulfilled.
"Stalk" or harass any Organizer, Payment Payer, or Owner, or collect or store any personally identifiable information about such individuals other than for the purpose of conducting transactions as an Organizer or Co-Payer.
6. Disputes
Menurka is not obligated to mediate disputes between Organizers and Co-Payers. However, Menurka reserves the right to conduct its own investigation and take appropriate action. In such a case, both Organizers and Co-Payers agree to cooperate and assist Menurka in good faith, and to provide Menurka with such information and take any action reasonably requested by Menurka regarding any claim or complaint made by users regarding activities, reservations, listings, or any personal or other property located in a listing, or regarding any investigation conducted by Menurka or a Menurka representative regarding the use or abuse of the Group Payment Service, the Site, the Application, or the Group Payment Services.
Menurka reserves the right to take any remedy, including legal action and/or to suspend or disqualify the Group Payment Service or limit, suspend, deactivate, or terminate your Menurka User, if, in our sole discretion,We determine that you have violated these Group Pay Terms, the Terms of Service, Payment Terms, or applicable laws, or when we reasonably deem it necessary to protect the safety or property of Users or Menurka, for fraud prevention, risk assessment, security, or investigation purposes.
7. Feedback
Please note that as a co-payer, the Owner will not review you, meaning that a co-payer's activities will not affect the Organizer's reviews or rankings for other listings to which they are invited. Instead, Organizers will be reviewed by the Owners (including potentially based on the Co-payer's behavior or communications).
8. Sharing Your Information
As a co-payer, you authorize the Organizer and any other co-payer to view your name, last initial photo, and profile picture in the context of making a group pay booking request or participating in a group pay booking. Your Organizer and any co-payers will not have access to your Payment Method, Payment Method information, or tax information.
As an Organizer, you also agree to share accurate information about yourself (including your name and profile picture) with any co-payer when sending them an invitation to the Group Payment Booking request. You also agree that the co-payer may see information about you in your transaction confirmation and/or receipt for your shared Group Payment Booking.
9. Payments
A. Payment Resolution Center
Organizers and co-payers will not be able to resolve disputes or reconcile amounts owed between them through the Resolution Center. Only the Organizer and the Owner will be able to transfer funds in connection with the Group Payment Booking through the Resolution Center by charging the designated Payment Method or any other payment method of the Organizer's Menurka User. Menurka will process such payments in accordance with the Payment Terms.
B. General Financial Terms
Unless otherwise specified in these Group Payment Terms, Menurka will handle all payments from Organizers and co-payers and payments to Owners in accordance with the Payment Terms.
In the event that a refund is owed to the Organizer and/or co-payers, Menurka will reimburse the refund amount, pro rata, to the Organizer and each co-payer.
Menurka provides Organizers with information related to each Group Payment Booking request. This information will be available to Organizers during the booking process and will be designed to document the participants in the Group Payment Booking, the amounts paid by each co-payer, any modifications to the Group Payment Booking, and any refunds paid to the Organizer and co-payers.
10. Termination and Disputes between Organizers and Co-payers
A. Termination.
The Organizer may not remove any co-payer from a Group Payment Booking. To the extent the Organizer and/or the Co-Payer agree that the Co-Payer will no longer participate in a Group Payment Reservation, each agrees that any amounts owed by one to the other will be settled directly between them outside of the Menurka platform.
Furthermore, both the Organizer and the Co-Payer acknowledge that Menurka reserves the right to:
(a) terminate the Group Payment service or
(b) terminate either party's participation in the Group Payment service.
B. Effect of Termination
To the extent the Organizer or any Co-Payer is or is not accepted to participate on the Menurka platform, the entire Group Payment Reservation will be canceled.
Upon termination, the Organizer will remain responsible for all actions of itself and its Co-Payers prior to termination, including the responsibility to fulfill any outstanding or future payments owed by the Co-Payer.
11. No Endorsements
You are responsible for deciding whether or not to participate in the Group Pay service, and you do so at your own risk. We are not responsible for any damages or losses resulting from your interactions with Organizers, co-payers, and/or Owners.
By using the Group Pay service, the Site, the App, or the Services, you agree that any legal remedy or liability you seek for the actions or omissions of other Users, including Organizers, co-payers, guests, and/or third parties, will be limited to a claim against the specific Users or other third parties that caused you harm. You agree not to attempt to impose liability or seek any legal remedy from Menurka with respect to such actions or omissions.
12. Indemnification
If you are an Organizer or Co-Payer, you agree to release, defend, indemnify, and hold Menurka and its officers, directors, employees, and agents harmless from and against any claims, liabilities, damages, losses, and expenses, including, but not limited to, reasonable legal and accounting fees, arising from or related to your use of the Group Payment Service, your breach of these Group Payment Terms, your activities, your misrepresentations or breaches of any representations or agreements in these Group Payment Terms or the Terms of Service, Payment Terms, or your agreements with third parties, or your violation of any rights of another person or entity.
13. Disclaimer
THE ENTIRE RISK ARISING FROM YOUR ACCESS TO AND USE OF THE GROUP TRAVEL SERVICE REMAINS WITH YOU.
IF YOU CHOOSE TO USE THE GROUP TRAVEL SERVICE, YOU DO SO AT YOUR OWN RISK. THE GROUP TRAVEL SERVICE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MENURKA EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS THROUGH THE GROUP TRAVEL SERVICE. YOU UNDERSTAND THAT MENURKA DOES NOT ATTEMPT TO VERIFY THE STATEMENTS OF USERS, INCLUDING CO-PAYERS, AND HAS NO OBLIGATION TO REVIEW ANY ORGANIZER, CO-PAYER, OR LISTING. MENURKA MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE CONDUCT OF ITS USERS.
14. Limitation of Liability
YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS, USE, INABILITY, OR INABILITY TO USE THE GROUP TRAVEL SERVICE REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MENURKA SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE USE, INABILITY TO USE, OR FAILURE TO USE THE GROUP TRAVEL SERVICE, OR THE ACTS OR OMISSIONS OF ANY ORGANIZER OR CO-PAYER, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF MENURKA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FROM THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
15. Severability
If any provision of these terms is held to be invalid, void, or unenforceable, that provision (or the portion thereof rendering it invalid, void, or unenforceable) will be severed and will not affect the validity and enforceability of the remaining provisions.
16. Updates to These Terms
Menurka may update these terms at any time without prior notice. If we modify these terms, we will post the modification on the Menurka website, applications, or services, which will be effective upon posting. By continuing to access or use the Group Pay service after we post a modification, you indicate that you agree to be bound by the updated terms. If the modified terms are not acceptable to you, your sole recourse is to discontinue using the Group Payment service. Menurka reserves the right to change or discontinue the Group Payment service at any time.