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Gift Cards terms and conditions

Last updated: March 5, 2020

 

These terms and conditions govern the use of the misterb&b Gift Card (“the misterb&b Gift Card Conditions”). Purchase of a misterb&b Gift Card, or use of your misterb&b Gift Card, constitutes acceptance of the present terms and we therefore recommend you read them carefully.

 

Capitalized terms that are not defined here will have the same meaning given to them in the misterb&b general Terms.

 

When you use your misterb&b Gift Card on the misterb&b Platform, you are contracting with the entity as specified in the introductory clause of misterb&b general Terms.

 

 

  • misterb&b Gift Card presentation

  • The misterb&b Gift Cards is accepted as a valid payment method on the misterb&b Platform, to pay for the booking of certain Listings published on the misterb&b Platform. 

     

  • Purchase of the misterb&b Gift Card and withdrawal

  • 2.1. By purchasing a misterb&b Gift Card, you contract with the following misterb&b entity:

    • By purchasing a misterb&b Gift Card in U.S. dollar (USD), you contract with SFO84, Inc. (“misterb&b U.S.”)

    A Delaware company: registration number 5505233

    Address: 584 Castro Street, San Francisco, CA 94114, UNITED STATES; phone: +1 (415) 802-0876; email address: support@misterbandb.com ;

    • By purchasing a misterb&b Gift Card in euro (EUR), you contract with Pinklab360 S.A.S.U. (“misterb&b Europe”)

    A French company : RCS number 814 427 639 / VAT identification number: FR78814427639.

    Address: 5 Rue Geoffroy-Marie, 75009 Paris, FRANCE; phone: +33 9 75 18 7462; email address: support@misterbandb.com.

     

    2.2. Immediately after purchase, you will receive a purchase confirmation email on the email address provided during the purchase process. This confirmation email encapsulates the Gift Card code necessary to its activation and use. 

     

    2.3. If you reside in a Member State of the European Economic Area, and if you purchase the misterb&b Gift Card as a consumer (i.e. you did not purchase the misterb&b Gift Card for business purposes), you have the right to withdraw from the purchasing contract within fourteen (14) days without giving any reason. The withdrawal period will expire after fourteen (14) days from the purchase date written on your misterb&b Gift Card.

    To exercise the right of withdrawal, you must send to us, before the withdrawal period expires, an unequivocal statement letter at Pinklab360 SASU, 5 Rue Geoffroy-Marie, 75009 PARIS, FRANCE or by email at support@misterbandb.com. You may, but are not obliged to, use our model withdrawal form : https://www.dropbox.com/s/i8w06ct165khq24/Model%20-%20Withdrawal%20form.pdf?dl=0.  

    Upon receipt of your statement, misterb&b will carry out the reimbursement in a timely manner using the same method of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

     

    2.4. If you do not reside in a Member State of the European Economic Area, you understand that the misterb&b Gift Card is non-refundable after purchase, unless applicable local consumer laws state otherwise. 

     

     

  • Activation of the misterb&b Gift Card after purchase

  •  

    3.1. You understand that the misterb&b Gift Card must be activated prior being used to make a booking on the misterb&b Platform. The activation will determine under which misterb&b Account the misterb&b Gift Card may be used. It cannot be assigned to a different misterb&b Account after activation. 

     

    3.2. To activate your misterb&b Gift Card please contact our Customer Support by email with the code of the misterb&b Gift Card (provided in the PDF file attached to the purchase confirmation email sent to the  email address provided for purchase).

     

    3.3. You understand and accept that misterb&b may make the completion of an identity verification process conditional to the activation of a misterb&b Gift Card (for safety and/or fraud prevention purposes). 

     

     

  • Use of the misterb&b Gift Card

  • 4.1. Due to requests from some of our current partners, the misterb&b Gift Cards cannot be used to book certain Listings. Listings for which a misterb&b Gift Card is applicable can be filtered by the users of the Site and Application when searching for lodgings. Please note that participating Listings on which you can use the misterb&b Gift Cards are subject to change at any time. 

     

    4.2. The misterb&b Gift Cards cannot be combined with any other discounts or promotional offers. 

     

    4.3. You must be a misterb&b Member to be able to use a misterb&b Gift Card. misterb&b reserves the right to require additional verification of your identity, your misterb&b Gift Card or your misterb&b Account ownership, before you are able to apply a Gift Card on your booking.

     

    4.4. Your misterb&b Gift Card may only be used for one (1) new booking on the misterb&b Platform. Your misterb&b Gift Card can only be used for booking which total price exceeds the misterb&b Gift Card balance by at least one (1) U.S. dollar (USD 1) or one (1) euro (EUR 1), according to the currency under which the misterb&b Gift Card was bought. The amount difference must be paid with another Payment Method of your choice. 

     

    4.5. Please note that, in the event your booking payment takes place in different installments (for instance, for pre-booking payment), your misterb&b Gift Card can only be used for the first payment installment.

     

    4.6. You understand that the access to and use of the misterb&b Platform implied by your will to use of the misterb&b Gift Card is subject to the application of the misterb&b general Terms. Accordingly, by using your misterb&b Gift Card as a Payment Method, you contract with the relevant misterb&b entity, as explained in the introductory clause of the misterb&b general Terms.  

     

    4.7. The value of your misterb&b Gift Card may only be redeemed on the misterb&b Platform to pay for (i) the Booking Fees (i.e. the rental price set by the Host), and (ii) the Guest fees (i.e. the fees charged by misterb&b in consideration of  the services provided to you, and any applicable taxes). The misterb&b Gift Cards cannot be used to pay any sales/occupancy taxes applicable to your booking of and/or your stay in a given Rental Property. 

     

     

  • Balance of the misterb&b Gift Card

  • 5.1. The misterb&b Gift Card cannot be reloaded, resold or transferred for value (whether in cash or services), unless applicable local consumer laws state otherwise.

     

    5.2. After the completion of a booking for which you use your misterb&b Gift Card, any unused misterb&b Gift Card balance left will be erased. Therefore, any balance left after use will not be redeemed to you, unless applicable local consumer laws state otherwise.

     

    5.3. In the event (i) you cancel the booking you paid for by using a misterb&b Gift Card, or (ii) the final booking amount is of a lesser value after you modify your original booking, the full or prorated amount, accordingly, of the misterb&b Gift Card used for the original booking will be refunded to you (by issuing to you a new misterb&b Gift Card with a value of the refunded amount).

     

     

  • Validity of the misterb&b Gift Card

  • 6.1. Residents in Australia, Ireland and the United States of America. If you are a resident of Australia, Ireland and the United States of America, your misterb&b Gift Card is valid for a period of five (5) years from the date of purchase (as shown on the misterb&b Gift Card). At the expiration of the validity period, the misterb&b Gift Card will become invalid and no longer available for use.

     

    6.2. Non-residents of Australia, Ireland and the United States of America. If you are not a resident of the United States of America, your misterb&b Gift Card is valid for a period of twelve (12) months from the date of purchase (as shown on the misterb&b Gift Card). At the expiration of the validity period, the misterb&b Gift Card will become invalid and no longer available for use.

     

     

  • Risk of Loss

  • Once misterb&b has delivered the misterb&b Gift Card via electronic transmission (to the email address provided during the purchase process), the risk of loss and title for misterb&b Gift Card is on the purchaser only. misterb&b is not responsible if any misterb&b Gift Card is lost, stolen, destroyed or used without your permission, and you understand that misterb&b cannot replace a misterb&b Gift Card after such events happen.

     

     

  • Fraud

  • 8.1. misterb&b reserves the right to seek any remedy, including refusal to issue or honor a misterb&b Gift Card in the event of suspected fraud. 

     

    8.2. misterb&b will have the right to close your misterb&b Account and bill alternative Payment Method if a fraudulently obtained misterb&b Gift Card is used to pay for a booking made on the misterb&b Platform.

     

     

  • Limitation of Liability

  • 9.1. misterb&b does not make any warranties, express or implied, with respect to misterb&b Gift Cards, including, without limitation, any express or implied warranty on the merchantability, fitness or satisfaction for a particular purpose. In the event a misterb&b Gift Card is non-functional, your sole remedy will be to call the misterb&b Customer Service, and misterb&b’s sole liability will be the replacement of such misterb&b Gift Card. 

     

    9.2. Certain State laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations to be found in the misterb&b Gift Cards Conditions may not apply to you, and you may have additional rights. 

     

     

  • Applicable law and disputes 

  • 10.1. Residents of the United States of America

     

    If you reside in the United States of America, any dispute or claim relating in any way to the interpretation or execution of the misterb&b Gift Card Conditions will be resolved in accordance with the Dispute Resolution and Binding Arbitration Provision section of the misterb&b general Terms located at https://www.misterbandb.com/pages/terms-and-conditions.

     

    10.2. Non-residents of the United States of America

     

    10.2.1. Consumers residents of the European Economic Area. If you are a consumer and habitually reside in a Member State of the European Economic Area, you agree that French law will govern these misterb&b Gift Card Conditions and any dispute related to the interpretation or the execution the misterb&b Gift Cards Conditions will be brought before a competent court of such Member State. 

     

    Please note that, as part of the mediation mechanism maintained by misterb&b, you can also submit any dispute related to the interpretation or the execution the misterb&b Gift Cards Conditions to the Online Dispute Resolution (ODR) platform provided by the European Commission (in accordance with Regulation (EU) n° 524/2013 of May 21, 2013). You must have submitted your claim beforehand your claim to the misterb&b Customer Support in writing, before contacting the ODR platform. 

     

    In accordance with articles L611-1 and following, and article R612-1 of the French Consumer Code, in the event of any dispute of a contractual nature related to the execution of the misterb&b Gift Card Conditions, that could not be settled directly with misterb&b by submitting it beforehand in writing to the misterb&b Customer Support, the consumer may go to mediation for free. The consumer can contact the Association Nationale des Médiateurs (ANM) by mail at: ANM, 62, rue Tiquetonne 75002 Paris, France; or by email by filling the online form at www.anm-conso.com.

     

    10.2.2. Business, or consumers residing outside of the European Economic Area and of the United States of America. If you are acting as a business or if you are not a resident of the European Economic Area and the United States of America, you agree that French law will govern the misterb&b Gift Card Conditions; and any dispute related to the interpretation or execution of the misterb&b Gift Cards Conditions will be brought before French courts.

     

  • Data privacy

  • The personal data collected by misterb&b during the purchase of the misterb&b Gift Card or its use will be processed for the execution of the contract passed between misterb&b and you. Please note some of this data may be processed for analytic/statistical purposes. The processing of personal data by misterb&b is completed in accordance with the misterb&b Privacy Policy

     

     

  • Miscellaneous

  • 12.1. You understand and agree that your use of the misterb&b Services available via the misterb&b Platform shall be subject to misterb&b general Terms.

     

    12.2. All terms and conditions are applicable to the extent permitted by law. 

     

    12.3. If any of these terms and conditions are deemed invalid, void, or for any reason unenforceable, that unenforceable term will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions.