Please read these Terms and Conditions (“Terms and Conditions”) carefully before using the http://www.migodahotels.com website operated by Migoda Services GmbH (“us”, “we”, or “our”).

The website http://www.migodahotels.com is privately owned. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service. Should your conduct restrict or inhibit any other user from using any part of the website, we may restrict your use.

1. Information about us

1.1. Migoda.com is a technical platform including www.migodahotels.com (“Site” or “Website”), mobile applications, etc. (“Migoda Platform”) and serves as an interface where we allow Coupon Holders to meet Hotels (’’you’’ or ’’your’’) offers. One Coupon includes 2 persons in a double room for one free night in exchange for the purchase of one daily meal package per person.

1.2. Migoda itself does not organize any travels nor trips and just acts as an interface tool for Coupon Holders to redeem against a Hotel night of their choice from one of the listed Hotels on the Migoda website.

1.3. For any booking and any subsequent purchase of the Hotels offering we only act as an agent for you. The hotels including their offers featured on Migoda platform do not constitute an offer by us, but connects the Coupon Holder with the hotel’s offer, which means that the contract is solely between you and the Coupon Holder. You are legally responsible for providing the Coupon Holder with your offer. As a platform Migoda is never legally responsible for the supply of the Coupon Holder’s purchased offer.

1.4. You are completely flexible giving your rooms, which means that you have not to reserve any rooms for Migoda. The only thing you have to do is to manage your calendar in our Extranet to show dates available/unavailable to the Migoda Coupon Holder Community.

2. Account and Membership

2.1. To access the Services, you have to set up an account (your “Account”) on our website and sign a Service Agreement with us.

2.2. You may set up your Account with an email address and password.

2.3. If you create your Account using an email and password, we encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols). You are responsible for maintaining the confidentiality of your login details and any activities that occur under your Account. If you have any concerns that your Account may have been misused, you should contact us immediately.

2.4. After creating an account on the Migoda website, Migoda will send you an email verifying your Hotel as a possible Migoda Partner Hotel and giving the login details for the Extranet dashboard. Please enter your hotel information into our Extranet Profile.

2.5. We have no control over the security of the Internet or other networks you use to access the website or communicate with us. Therefore Migoda is not responsible for the security of any information you choose to share with us and the website while it is being transmitted. In addition, Migoda is not responsible for any data lost during data transmission.

2.6. Choose which kind of meal package (half board, all-inclusive etc.) you want to offer to the Migoda Coupon Holders. Should you need assistance, please do not hesitate to contact us through [email protected].

2.7. In the event that you breach these Terms and Conditions, Migoda may suspend or terminate your access to the Services and your Account and terminate the concluded Service Agreement with you.

2.8. Migoda reserves the right to change or discontinue any aspect or feature of our services on the website www.migodahotels.com, including, but not limited to, user access requirements.

2.9. 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.

3. Content

3.1. Our Service allows you to display, link, store, share and otherwise make available certain information, text, graphics, or other material (“Content”). You are responsible for having the intellectual property rights over the posted, linked, stored, shared and otherwise made available content.

3.2. The hotel grants Migoda the right to edit, copy, publish and distribute any material made available on www.migodahotels.com.

4. Booking

4.1. The Hotel will be informed about incoming requests by Migoda in multiple ways such as via text message, email and a notification in the Extranet Dashboard Booking overview section. The text messages and emails include the link to Migoda’s Extranet Booking Overview. The Hotel has 48 hours to respond to this booking request in the Extranet Booking Overview, otherwise the Coupon Holder will be informed that the booking failed on the Hotel’s behalf.

4.2. Bookings can be confirmed or denied. A confirmation means that you are entering into a legally binding agreement with the Coupon Holder. For each confirmed booking the Hotel has to honor this booking. The only exception of not honoring a confirmed booking will be, if there is Force Major.

5. Cancellation of the booking

Due to reasons of Force Majeure (weather conditions such as hurricanes, floods etc as well as political conflict and alike) you have the right to cancel the booking for the above reasons and insured through your taken out insurance Coupon Holder is reimbursed for any travel cost incurred to come to your Hotel.

6. Payment Terms, Commission and Taxes

On the arrival day of the Coupon Holder, Migoda will send the amount of the meal package, with the Migoda commission and the credit card fees deducted, to your Stripe account. Migoda reserves the right to make changes or updates on its commission system, invoicing system, payment methods and/or invoicing requirements with a prior notice at any time.

Local authorities in certain countries can impose additional taxes (tourist tax, etc), which are not included in the meal package and will have to be paid locally at the Hotel. 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.

7. Links to other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Migoda. Migoda has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Migoda shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

8. 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 hotel guests, 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.

9. Transfer of our rights

We may transfer our rights and obligations under our contract with you to another organisation, and we will do our best to notify you if this happens, but this will not affect your obligations under this contract.

10. No waiver

If we do not insist immediately that you do anything you are required to do under these Terms and Conditions, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

11. Intellectual Property Rights

11.1. All copyrights, trademarks, and other intellectual property rights of any text, image and other material on this website are the property of Migoda Services GmbH or incorporated in the platform with your permission, the permission of the respective owner or by the owner.

11.2. You shall not upload, post or otherwise make available on www.migodahotels.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right. Migoda has no special obligation or responsibility to provide you with any indications, designations or other tools to determine whether the material in question is copyrighted or otherwise proprietary. You are solely liable for any damages resulting from the infringement of copyright, trademarks, proprietary rights or any other harm resulting therefrom.

12. Applicable Law and Jurisdiction

This Agreement is subject to German 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 German courts.

13. Severability

If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

14. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions at any time without a prior notice. If we make changes that directly affect the use of the website or our services, we will notify you by posting a notice of the change on the website. Any changes to these Terms and Conditions will be effective upon posting of a change notice on the website. We recommend that you review the Terms and Conditions periodically to ensure that you are aware of any notices of such changes. Your use of the website after we have modified these Terms and Conditions will constitute your acceptance of the modified Terms and Conditions.

Contact Us

If you have any questions about these Terms and Conditions, please do not hesitate to contact us by e-mail at [email protected].