Mister Room Group Booking General Conditions of Sale

MISTER ROOM SA, a public limited liability company by shares incorporated under the laws of Portugal, with registered offices in Avenida Praia da Vitória Nº 48, 5º Esq., 1050-184 Lisbon - Portugal, hereinafter referred to as “MISTERROOM”

1. Service terms
   MISTER ROOM provides to the TRAVEL AGENCY tailor made itinerary for group request
   • Group request requires a minimum of 10 paying guests
   • Every request has to be followed by a written confirmation to the given e-mail.
   • Acceptance of the quotation means acceptance of the terms and conditions that will are included in the quotation
   • All hotel categories are official categories, as given by the local tourist board.
   • The reservation is only valid when Mister Room confirms its acceptance.
2. Cancellation and amendment terms
   The parties bear no economical responsibility for ordered, confirmed but not used services.
   Any confirmed booking amendment is allowed only by written agreement of the parties.
   General cancellation conditions:
   • 30 % of total amount if any cancellation until 45 days prior client's departure;
   • 70% of total amount if any cancellation from 44th to 21th days prior client's arrival;
   • 100% of total amount if any cancellation after the 20th day prior client's arrival.
   No refund in any case of late arrival, no-show and early departure before the end of the stay. Full payment has to be done 21 days prior client's arrival. Number of booked guests may be amended without any penalty if not exceding 10% of the original booked and confirmed number of guests.
3. Payment terms
   For group reservations, payment will be asked as follows:
   • 30% at the confirmation
   • 40% 45 days prior the arrival
   • 30% 21 days prior the arrival
   Payment refund in case of total or partial cancellation shall be processed not later than 20 days after the last service day.
4. Medical and travel insurance
   Both parties highly recommend tourists take out their own medical and travel insurance which covers them for possible risks whilst travelling.
5. Claims
   TInjury to the health or to the property of the tourist is governed by the established legal procedures and compensation laws of the visiting country.
   Damage(s) caused by foreign tourist(s) are liable by the tourist(s) themselves.
   Neither party accepts any liability in, or for any injury, damage, loss (including consequential loss), delay, additional expense or inconvenience caused directly or indirectly by the acts, omissions or default, whether negligent or otherwise, of third party providers over whom we have no direct control. The parties however, will make all possible effort to eliminate any possible conflict and render reasonable help.
   Major incidents (fire, warfare, act of terrorist attack, government act, strike etc.) absolve the parties from the corresponding part of liability on the present CONTRACT
   If the tourist refuses any of the services, or the tour is interrupted because of local legislation violation or other causes, any compensation for services not rendered, will not be paid.
   Tourist claims for services not rendered or of unsatisfactory quality are to be accepted by the parties not later than in 30 days after last service day and considered within 30 days. If these claims are recognized as reasonable the compensation is to be paid.
6. Applicable law and justification
   The conditions of sale and use govern the relations between the parties and are subject to Portuguese law. All disputes relating to their interpretation and/or execution are a matter for the Commercial Court in Lisbon.

Mister Room Boutique Touring General Conditions of Sale

MISTER ROOM SA, a public limited liability company by shares incorporated under the laws of Portugal, with registered offices in Avenida Praia da Vitória Nº 48, 5º Esq., 1050-184 Lisbon - Portugal, hereinafter referred to as “MISTERROOM”

As a provider of a computer application, MisterRoom edits, manages and promotes a reservation engine for tourism professionals (hereinafter “the MisterRoom Boutique Touring Booking Engine”). The MisterRoom Boutique Touring Booking Engine has the aim of searching, comparing and allowing reservation of customized package itinerary.

Prior to any use or reservation on the MisterRoom Boutique Touring Booking Engine, familiarisation with the present specific conditions is essential. In confirming booking, the Professional accepts that he or she is familiar with the present conditions. In this way, the completion of the reservation process on the MisterRoom Boutique Touring Booking Engine is taken as clear acceptance of the present General Conditions by the Professional.

The below sales conditions apply to all bookings done on misterroom.worldia.com and magellan.wordlia.com

1. Limitation of responsibility
   MisterRoom grants a non-transferable and non-exclusive right of use to the MisterRoom Boutique Touring Booking Engine. The right to use the program does not involve any transfer of ownership. The right to use the program is only granted to the Professional on authentication of the Professional’s account. MisterRoom does not guarantee the MisterRoom Boutique Touring Booking Engine to be free of errors or malfunctions. MisterRoom is expressly subject to best-efforts obligation and will not be held responsible for failures in the function of the MisterRoom Boutique Touring Booking Engine. MisterRoom will not be held responsible for any indirect damage in any case or under any circumstances resulting from the use or inability to use the MisterRoom Boutique Touring Booking Engine, except where otherwise provided for in applicable mandatory laws. The Professional bears the sole risks in connection with use of the MisterRoom Boutique Touring Booking Engine. Under no circumstances will MisterRoom be held responsible for the potential loss of revenue, profit and subsequent costs indirectly incurred by the Professional as a result of use of the MisterRoom Boutique Touring Booking Engine or its potential malfunction. As a result, the Professional is solely responsible for operations carried out when using the MisterRoom Boutique Touring Booking Engine.
2. Scope of products
   The MisterRoom Boutique Touring Booking Engine allows purchase of customized package itinerary composed of:
   • Hotel accommodations
   • Transfers
   • Car rental
   • Activities
   • Attraction tickets
   • Air tickets
3. Prices and commission
   All itineraries are quoted in AUD and are inclusive of all taxes except local taxes only payable on site such as city tax or resort fees. Prices are inclusive of a 12% commission given to the Professionals except Air tickets that does not include any commission amount.
   Unrealistic price - If the price given on the website is “unrealistic”, MisterRoom may cancel the order, given that the End Client will not be able to benefit from this price, which results from a display error and is unreasonably low in relation to the real value of the goods.
4. Reservation procedure
   The Professional must ensure proper reception of the confirmation email and regularly consult their mailbox, in particular by checking the Spam or Junk sections of their mailbox. If the Professional chooses Products by accident or gives incorrect data for one of the parts of the order, MisterRoom will not be held responsible. All email addresses must be valid at the moment of reservation. No negligence or disregard of the Professional may be attributed to MisterRoom.
5. Travel documents
   Travel documents (vouchers, tickets, etc…) will be provided at last 7 days before departure. Customers should print and keep all travel documents during the trip as they may be requested to access the purchased service.
6. Cancellation terms
   The following cancellation penalties apply on the total itinerary price:
   • From reservation confirmation to 30 days before departure: penalty of 25%
   • From 30 days to 7 days before departure: penalty of 75%
   • Less than 7 days: 100% penalty
   
   Once the booking is confirmed (the agent has accepted the Terms and Conditions, and clicked on „Confirm”), the trip is confirmed. Worldia will proceed with booking the elements of travel and cancellation policy terms will begin to apply.
7. Payment terms
   Payment terms differ based on the nature of the service/product included in the package itinerary
   For non air tickets service/product the following payment terms apply to any confirmed or cancelled bookings:
   • All amounts invoiced are based on the booking price minus the commission given to the Professionals except air tickets that include 0% commission
   • On the 20th of the month M, Mister Room will issue a statement of invoices for all bookings with a departure date between the 1st and the 30th of the month M+1
   • Payment of this statement of invoices is due by the 30th of month M
   • If a booking with a departure in the month M+1 is done after the statements has been issued, this booking will be added to the next statement
   For air ticket service/product the following payment terms apply to any confirmed or cancelled bookings:
   • All amounts invoiced are based on the booking price minus the commission given to the Professionals except air tickets that include 0% commission
   • Every Monday a statement of invoices for flights booked the week before will be issued
   • Payment of this flight statement will be due the day following it receipt
8. Administrative and health formalities
   It is the responsibility of the Professional carrying out the reservation in the name of and on behalf of the End Client to provide complete and clear information concerning admistratives, Visa and health formalities to be carried out.
9. Responsibility and guarantee
   MisterRoom offers the MisterRoom Boutique Touring Booking Engine as is, and will do everything possible to ensure it is updated, maintained and functions properly, but does not give any guarantee relating to technical faults or failure in function or to the fact that the system or the portal will be operational at any given moment. Certain information is promptly cached and is only checked in real time on confirmation of your reservation.
   MisterRoom accepts no responsibility in the case of damage resulting directly or indirectly from the purchase of a product or service offered on the MisterRoom Boutique Touring Booking Engine, in the absence of legal provisions to the contrary. MisterRoom may not be held responsible in any case in relation to the sale of Products sold separately and in particular where the damage is attributable to the Professional or an unforeseeable and unavoidable act of a third party for the supply of services given in the contract, or a case of force majeure.
10. Force majeure and nature of the network
    Neither of the parties may be held responsible or considered as being in breach of the conditions of sale for any delay or failure in the performance of the contract resulting for events of force majeure such as defined by the jurisdiction of French courts. Use of the Internet is made at the risk of the person connecting. MisterRoom cannot give any guarantee, particularly relating to the uninterrupted or error-free service of the Booking Engine, which is mutual for the Professional. The parties shall not be held responsible and shall not be considered to have failed to meet their obligations if they were prevented from performing all or part of the contract following a case of force majeure. Their obligations shall be suspended in the case of force majeure. If following a case of force majeure (in particular including political or social disturbances or difficult circumstances affecting security), irregularities are found relating to reservations, confirmations and/or the performance of travel or provision of services resulting from unexpected events over which MisterRoom has no control, MisterRoom shall not be liable for any legal responsibilities resulting from these irregularities or non-compliance.
11. Travel Insurance
    No insurance is included in the prices offered by the MisterRoom Boutique Touring Booking Engine. Purchase of an insurance policy is therefore recommended to cover the consequences of certain cancellations and an assistance contract covering repatriation in the case of accident or illness.
12. Applicable law and justification
    The conditions of sale and use govern the relations between the parties and are subject to Portuguese law. All disputes relating to their interpretation and/or execution are a matter for the Commercial Court in Paris.