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Terms of Use

Last Updated: 25th May 2018

 

These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you and Trip4asia and/or MHotel (as defined below) governing your access to and use of the MHotel website, including any subdomains thereof, and any other websites through which Trip4asia and/or MHotel makes the MHotel Services available (collectively, "Site"), and all associated services (collectively, "Trip4asia and/or MHotel Services"). The Site and Trip4asia and/or MHotel Services together are hereinafter collectively referred to as the “MHotel Platform”.

 

When these Terms mention “Trip4Asia Sdn. Bhd. or MHotel (“Trip4Asia” “MHotel” or “we”),” it refers to the Trip4asia and/or MHotel company you are contracting with.

Your place of residence, the Trip4asia and/or MHotel company you contract with will be determined by your new place of residence as specified above, from the date on which your place of residence changes.

Our collection and use of personal information in connection with your access to and use of the MHotel Platform is described in our Personal Data Protection Notice.

 

Any and all payment processing services through or in connection with your use of the Trip4asia and/or MHotel Platform ("Payment Services") are provided to you by one or more Trip4asia and/or MHotel Payments entities (individually and collectively, as appropriate, "Trip4asia and/or MHotel Payments") as set out in the Payments Terms of Service ("Payments Terms").

 

Hosts alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and Host Services. For example, some cities have laws that restrict their ability to host paying guests for short periods or provide certain Host Services. In many cities, Hosts may have to register, get a permit or obtain a license before preparing food or serving alcohol for sale. Some cities may require a license to guide tours or to sail. Host are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Host Services they offer. Certain types of Host Services may be prohibited altogether. Penalties may include fines or other enforcement. We provide some information in our Help Center to help you identify some of the obligations that apply to you. If you have questions about how local laws apply to your Listing(s) and Host Service(s) on Trip4asia and/or MHotel, you should always seek legal guidance.

 

1. Scope of our Service

 

1.1 The Trip4asia and/or MHotel Platform is an extranet that enables certain third parties who offer services (“Hosts”) and the services they offer are (“Host Services”) to publish such Host Services on the Trip4asia and/or MHotel Platform (“Listings”). Host Services may include the offering including but not necessarily limited to vacation or other properties for use ("Accommodations").

 

1.2 As the provider of the Trip4asia and/or MHotel Platform, Trip4asia and/or MHotel does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Host Services. Hosts alone are responsible for their Listings and Host Services. When Host receive a booking(s) from Trip4asia and/or MHotel platform, they are entering into a contract directly with the guest(s). Trip4asia and/or MHotel is not and does not become a party to or other participant in any contractual relationship between Host and guest(s), nor is Trip4asia and/or MHotel a real estate broker or insurer. Trip4asia and/or MHotel is not acting as an agent in any capacity for any guest(s), except as specified in the Payments Terms.

 

1.3 While we may help facilitate the resolution of disputes, Trip4asia and/or MHotel has no control over and does not guarantee

(i) the existence, quality, safety, suitability, or legality of any Listings or Host Services,

 

(ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other guest(s) content (as defined below), or

 

(iii) the performance or conduct of any guest(s) or third party. Trip4asia and/or MHotel does not endorse any guest(s), Listing or Host Services.

 

1.4 If you choose to use the Trip4asia and/or MHotel Platform as a Host or Co-Host (as defined below), your relationship with Trip4asia and/or MHotel is limited to being an independent, third-party contractor, and not an employee, agent, joint venture or partner of Trip4asia and/or MHotel for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Trip4asia and/or MHotel.

 

1.5 To promote the Trip4asia and/or MHotel Platform and to increase the exposure of Listings to potential Guests and Listings may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist guest(s) who speak different languages, Listings and other content may be translated, in whole or in part, into other languages. Trip4asia and/or MHotel cannot guarantee the accuracy or quality of such translations and guest(s) are responsible for reviewing and verifying the accuracy of such translations.

 

1.6 The Trip4asia and/or MHotel Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Trip4asia and/or MHotel is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Trip4asia and/or MHotel of such Third-Party Services.

 

1.7 Due to the nature of the Internet, Trip4asia and/or MHotel cannot guarantee the continuous and uninterrupted availability and accessibility of the Trip4asia and/or MHotel Platform. Trip4asia and/or MHotel may restrict the availability of the Trip4asia and/or MHotel Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Trip4asia and/or MHotel Platform. Trip4asia and/or MHotel may improve, enhance and modify the Trip4asia and/or MHotel Platform and introduce new Trip4asia and/or MHotel Services from time to time.

 

2. Use of the Site

 

Trip4asia and/or MHotel grants you a limited, restricted, personal, non-transferable, non-sublicense able, revocable license to access and use the Site or App only as expressly permitted in the Terms of Use. Except for this limited license, we do not grant you any other rights or license with respect to the Site or App; any rights or licenses not expressly granted herein are reserved. The content and information on the Site or App, as well as the software and infrastructure used to provide such content and information, is proprietary to Trip4asia and/or MHotel or its suppliers and providers, including the Accommodations. You may only use the Site or App to make bona fide and legitimate enquiries or bookings and you hereby undertake not to make any speculative, false or fraudulent bookings or any reservations in anticipation of demand. You undertake that the payment details you provide us with in making a booking are fully correct. You also undertake to provide correct and accurate e-mail, postal and/or other contact details to Trip4asia and/or MHotel and acknowledge that Trip4asia and/or MHotel may use these details to contact you in the event that this should prove necessary. Please also consult our Personal Data Privacy Notice.

 

By using the Site and App, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms of Use and that you are at least eighteen (18) years old and understand your legal obligations. Without limiting the generality of the foregoing, the Site and App is not available to persons under the age of eighteen (18) or such persons that are forbidden for any reason whatsoever to enter into a contractual relationship. By using the Site and App, you further represent and warrant that you have the right, authority and capacity to use the Site and App and to abide by the Terms of Use contained herein.

 

You may only access the Site and App using authorized means. It is your responsibility to check and ensure that you have downloaded the correct Software for your device Trip4asia and/or MHotel is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Software to your device. Trip4asia and/or MHotel reserves the right not to permit you to use the Site and App should you use the Application and/or the Software with an incompatible or unauthorized device or for purposes other than which the Software and/or the Application is intended to be used.

 

Accordingly, as a condition of using the Site, you agree not to use the Site or its contents or information for any commercial or non-personal purpose (direct or indirect) or for any purpose that is illegal, unlawful or prohibited by the Terms of Use. Except with our prior written authorization, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from the Site. In addition, you agree not to:

·       use the Site or its contents for any non-authorized commercial purpose;

·       make any speculative, false, or fraudulent booking;

·       access, monitor or copy any content or information of the Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express prior written permission;

·       violate the restrictions in any robot exclusion headers on the Site or bypass or circumvent other measures employed to prevent or limit access to the Site;

·       take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;

·       deep-link to any portion of the Site (including, without limitation, purchase paths) for any purpose without our express prior written permission;

·       re-sell, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or services available on the Site for any commercial or competitive activity or purpose;

·       "frame", "mirror" or otherwise incorporate any part of the Site into any other website without our prior written authorization;

·       deliver any unlawful (according to any and all applicable laws or regulations) postings to or through the Site, or any postings which advocate illegal activity;

·       deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, racist, discriminating, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable;

·       deliver or provide links to, any postings containing defamatory, slanderous, false or libellous material;

·       deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity;

·       deliver any posting that you do not have a right to make available under law or contractual or fiduciary relationships;

·       impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another;

·       manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver;

·       use the Site or App in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of the Site or App or other users' computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment;

·       attempt to gain unauthorized access to the Site or App, any related website, other accounts, computer system, or networks connected to the Site or App, through hacking, password mining, or any other means;

·       obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or App, including harvesting or otherwise collecting information about others such as email addresses;

·       engage in any deceptive practices intended to manipulate the organic Search Engine Results Page (SERP) or employ search engine optimization (“SEO”) techniques considered to be against common search engine guidelines. SEO practices considered unethical, or “black hat” (aka “spamdexing”) include, though are not limited to cloaking, meta data and title tags, content scraping, link schemes, Google bombs, keyword stuffing, hidden text and links, doorway and cloaked pages, link farming or schemes, blog comment spam, etc.; or

·       do anything else which could cause damage to the Site or App, the Trip4Asia group of companies and their employees, Trip4Asia's goodwill & reputation, or would otherwise have a negative impact.

 

Unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of the Site or App or frame the Site or App or any web page or material herein, nor may any entity hyperlink any aspect of the Site or App in an email for commercial purposes without the express written permission of Trip4asia and/or MHotel.

 

By making a reservation on the Site or App, you represent and warrant that you are not covered by any international sanction program.

 

If and when applicable, you will satisfy all your obligations, tax, withholding or otherwise as required by your country of residence.

3. Modification of these Terms

 

Trip4asia and/or MHotel reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Trip4asia and/or MHotel Platform and update the “Last Updated” date at the top of these Terms. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Trip4asia and/or MHotel Platform will constitute acceptance of the revised Terms.

4. Account Registration

 

4.1 You must register an account ("MHotel Account") to access and use certain features of the Trip4asia and/or MHotel Platform, such as publishing a Listing. If you are registering a Trip4asia and/or MHotel Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.

 

4.2 You can register a Trip4asia and/or MHotel Account using an email address and creating a password.

 

4.3 You must provide accurate, current and complete information during the registration process and keep your Trip4asia and/or MHotel Account information up-to-date at all times.

 

4.4 You may not register more than one (1) Trip4asia and/or MHotel account unless Trip4asia and/or MHotel authorizes you to do so. You may not assign or otherwise transfer your Trip4asia and/or MHotel account to another party.

 

4.5 You are responsible for maintaining the confidentiality and security of your Trip4asia and/or MHotel account credentials and may not disclose your credentials to any third party. You must immediately notify Trip4asia and/or MHotel if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Trip4asia and/or MHotel Account. You are liable for any and all activities conducted through your Trip4asia and/or MHotel Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).

5. Service Fees

 

5.1 Trip4asia and/or MHotel may charge fees to Hosts ("Commission Fees") and/or Guests ("Guest Fees") (collectively, "Service Fees") in consideration for the use of the Trip4asia and/or MHotel Platform.

 

5.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Host prior to publishing or booking a Listing. Trip4asia and/o MHotel reserves the right to change the Service Fees at any time, and we will provide Members adequate notice of any fee changes before they become effective.

 

5.3 Trip4asia and/or MHotel will charge hosts a Commission fee (including taxes, if applicable) every time a booking is completed. The amount of the host Commission fee is generally 10%. The host Commission fee is calculated from the booking subtotal (before fees and taxes) and is automatically deducted from the payout to the Host.

 

 

 

 

6. Terms specific for Hosts

6.1 Generally

Generally speaking, Trip4asia and/or MHotel will collect the Total Fees from a Guest at the time the Guest’s booking request is automatically confirmed, host(s) will not need to accept booking request nor to cancel any booking request.

6.2 Terms applicable to all Listings

 

6.2.1 When creating a Listing through the Trip4asia and/or MHotel Platform you must (i) provide complete, accurate and up-to-date information about your property(s) Service (such as listing description, location, room type description and room unit allotment), (ii) disclose any deficiencies, restrictions and requirements that apply and (iii) provide any other pertinent information requested by Trip4asia and/or MHotel. You are responsible for keeping your Listing information up-to-date at all times.

 

6.2.2 You are solely responsible for setting a price (including any Taxes if applicable) for your Listing (“Listing Fee”). Once a Guest made a booking of your Listing, you may not request that the Guest pays additional price than in the booking request.

 

6.2.3 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the cancellation policy you have selected for your Listing.

 

6.2.4 Pictures, animations or videos (collectively, "Images") used in your Listings must accurately reflect the quality and condition of your Host Services. Trip4asia and/or MHotel reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.

 

6.2.5 The placement and ranking of Listings in search results on the Trip4asia and/or MHotel Platform may vary and depend on a variety of factors, such as Guest search parameters and preferences, Host requirements, price and availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings and property type of host Service.

 

6.2.6 When a guest(s) book a stay at your property, it is instantly confirmed online. When a success booking had made by a guest(s), you are entering into a legally binding agreement with the Guest and are required to provide your Host Service(s) to the Guest as described in your Listing. You also agree to pay the applicable Host Fee and any applicable Taxes, which will be collected pursuant to the Payments Terms.

6.3 Listing Accommodations

 

6.3.1 You may only list one Accommodation per Listing.

 

6.3.2 If you choose to require a refundable security deposit for your Accommodation, you must specify this in your Listing ("Refundable Security Deposit"). Hosts are only allowed to ask for a Security Deposit after a booking has been confirmed and collect on site when guest(s) check in time.

 

6.3.3 You represent and warrant that any Listing you post and the booking of, or a Guest's stay at, an Accommodation will :-

 

(i) not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, or other agreements, and

 

(ii) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations).

 

As a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Guest (and the individuals the Guest invites to the Accommodation, if applicable).

7. Terms specific for Guests

7.1 Terms applicable to all bookings

 

7.1.1 Subject to meeting any requirements (such as completing any verification processes) set by the Host, you can book a Listing available on the MHotel Platform by following the respective booking process. All applicable fees, including the Listing Fee, Security Deposit (if applicable), Guest Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your MHotel Account.

 

7.1.2 Upon receipt of a booking confirmation from MHotel, a legally binding agreement is formed between you and your Host, subject to any additional terms and conditions of the Host that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. MHotel Payments will collect the Total Fees at the time of the booking request or upon the Host’s confirmation pursuant to the Payments Terms.

 

7.1.3 If you book a Host Service on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Host, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Host. If you are booking for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in an Experience, Event or other Host Service if accompanied by an adult who is responsible for them.

7.2 Booking Accommodations

 

7.2.1 You understand that a confirmed booking of an Accommodation (“Accommodation Booking”) is a limited license granted to you by the Host to enter, occupy and use the Accommodation for the duration of your stay, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with your agreement with the Host.

 

7.2.2 You agree to leave the Accommodation no later than the checkout time that the Host specifies in the Listing or such other time as mutually agreed upon between you and the Host. If you stay past the agreed upon checkout time without the Host's consent (“Overstay”), you no longer have a license to stay in the Accommodation and the Host is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Host, for each twenty-four (24) hour period (or any portion thereof) that you Overstay, an additional nightly fee of up to two (2) times the average nightly Listing Fee originally paid by you to cover the inconvenience suffered by the Host, plus all applicable Guest Fees, Taxes, and any legal expenses incurred by the Host to make you leave (collectively, "Overstay Fees"). Overstay Fees for late checkouts on the checkout date that do not impact upcoming bookings may be limited to the additional costs incurred by the Host as a result of such Overstay. Trip4asia and/or MHotel will collect Overstay Fees from you pursuant to the Payments Terms. A Security Deposit, if required by a Host, may be applied to any Overstay Fees due for a Guest’s Overstay.

8. Booking Modifications, Cancellations and Refunds, Resolution Center

 

8.1 Hosts and Guests are responsible for any modifications to a booking that they make via the Trip4asia and/or MHotel Platform or direct Trip4asia and/or MHotel customer service to make ("Booking Modifications"), and agree to pay any additional Listing Fees, Host Fees or Guest Fees and/or Taxes associated with such Booking Modifications.

 

8.2 Guests can cancel a confirmed booking at any time subject to the Listing’s cancellation policy, and Trip4asia and/or MHotel Payments will provide any refund to the Guest in accordance with such cancellation policy. Unless justifying circumstances exist, any amounts due to the Host under the applicable cancellation policy will be remitted to the Host by Trip4asia and/or MHotel Payments pursuant to the Payments Terms.

 

8.3 If a Host cancels a confirmed booking, the Guest will receive a full refund of the Total Fees for such booking and MHotel may publish an automated review on the Listing cancelled by the Host indicating that a booking was cancelled. In addition, MHotel may

 

(i) keep the calendar for the Listing unavailable or blocked for the dates of the cancelled booking, and/or

 

(ii) impose a cancellation fee, unless the Host has a valid reason for cancelling the booking or has legitimate concerns about the Guest’s behaviour.

 

8.4 In certain circumstances, MHotel may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make appropriate refund and payout decisions. This may be for reasons set forth :-

 

(i) where MHotel believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to MHotel, other Members, third parties or property, or

 

(ii) for any of the reasons set out in these Terms.

9. Ratings and Reviews

 

9.1 Within a certain timeframe after completing a booking, Guests can leave a public review (“Review”) and submit a star rating (“Rating”) about their stay. Any Ratings or Reviews reflect the opinion of individual guest and do not reflect the opinion of Trip4asia and/or MHotel. Ratings and Reviews are not verified by Trip4asia and/or MHotel for accuracy and may be incorrect or misleading.

 

9.2 Ratings and Reviews by Guests to Hosts must be fair, truthful and factual and may not contain any offensive or defamatory language.

 

9.3 Guest(s) are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party write a positive or negative Review about another accommodation host.

 

10. Currency Conversion

 

Rates can be converted into different currencies for your convenience. Accommodation rates provided in a currency other than the currency displayed on the Site or App are converted to the displayed currency at a rate determined by Trip4asia and/or MHotel, which may include a conversion and/or processing fee for certain currencies. The currency and amount you see displayed at the latest on the final booking page is the amount Trip4asia and/or MHotel will charge to your credit card or other mode of payment gateway. You may be given the option to pay in your credit card or selected payment gateway currency if it is different from the selected currency. In case of immediate payment, you will see the converted amount that will be charged to your card or selected payment gateway. Your bank may impose additional fees on the transaction, over which Trip4asia and/or MHotel has no control. Please note that exchange rates fluctuate daily. Trip4asia and/or MHotel has no control over the fluctuation of the exchange rates and/or the conversion rate provided by your credit card issuing bank or selected payment gateway.

 

For customers using Alipay or UnionPay for payment, please note that all charges will always be made in Chinese Yuan Renminbi (CNY/RMB) (amount as displayed) and that the USD amount displayed between brackets is for reference only. Certain credit cards do not accept payments in certain currencies, in which case an alternative currency (typically based on the country of the issuing bank) will be proposed in a new field. Trip4asia and/or MHotel will not be responsible for any conversion made / done by credit card or other mode of payment gateway. Please pay attention to the booking form fields prior to clicking the confirmation button.

11. Taxes

 

A Word on Charges for Taxes and Fees

 

In connection with facilitating your Accommodation transaction, the charge to your credit card or selected payment gateway may include a charge for taxes and fees (“Taxes and Fees”) unless indicated otherwise. This charge includes an estimated amount to recover the amount we pay to the Accommodation in connection with your reservation for taxes owed by the Accommodation including, without limitation, sales and use tax, occupancy tax, room tax, excise tax, value added tax and/or other similar taxes. In certain locations, the tax amount may also include government imposed service fees or other fees not paid directly to the taxing authorities but required by law to be collected by the Accommodation. The charge for Taxes and Fees varies based on a number of factors including, without limitation, the amount we pay the Accommodation and the location of the Accommodation where you will be staying, and may include profit that we retain.

 

Except as described below, we are not the vendor collecting and remitting taxes to the applicable taxing authorities. Our Accommodation suppliers, as vendors, include all applicable taxes in the amount billed to us and we pay over such amounts directly to the vendors. We are not a co-vendor associated with the vendor with whom we book or reserve our customer\'s travel arrangements. Taxability and the appropriate tax rate and the type of applicable taxes vary greatly by location.

For transactions involving Accommodations located within certain jurisdictions, the charge to your credit card or selected payment gateway for Taxes and Fees includes a payment of tax that we are required to collect and remit to the jurisdiction for tax owed on amounts we retain as compensation for our services.

 

For Accommodations where you need to pay at the Accommodation, the price may or may not include taxes and services. Please verify the booking conditions and your confirmation mail or voucher or contact our Customer Service team.

 

As stated above, certain cities or municipalities charge city, bed, tourist occupancy or equivalent taxes that have to be collected by the Accommodation locally.

12. Prohibited Activities

 

12.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Trip4asia and/or MHotel Platform. In connection with your use of the Trip4asia and/or MHotel Platform, you will not and will not assist or enable others to:

  • breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms;
  • use the Trip4asia and/or MHotel Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Trip4asia and/or MHotel endorsement, partnership or otherwise misleads others as to your affiliation with Trip4asia and/or MHotel;
  • copy, store or otherwise access or use any information, including personally identifiable information about any other guest(s), contained on the Trip4asia and/or MHotel Platform in any way that is inconsistent with Trip4asia and/or MHotel’s Personal Data Protection Notice or these Terms or that otherwise violates the privacy rights of Members or third parties;
  • use the Trip4asia and/or MHotel Platform in connection with the distribution of unsolicited commercial messages ("spam");
  • offer, as a Host, any Accommodation that you do not yourself own or have permission to make available as a residential or other property through the Trip4asia and/or MHotel Platform;
  • unless Trip4asia and/or MHotel explicitly permits otherwise, book any Listing if you will not actually be using the Host Services yourself;
  • contact another guest(s) for any purpose other than asking a question related to a your own booking, Listing, or the guest's use of the Trip4asia and/or MHotel Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
  • use the Trip4asia and/or MHotel Platform to request, make or accept a booking independent of the Trip4asia and/or MHotel Platform, to avoid any Service Fees or for any other reason;
  • request, accept or make any payment for Listing Fees outside of the Trip4asia and/or Mhotel Platform If you do so, you acknowledge and agree that you:

(i)                  would be in breach of these Terms;

(ii)                accept all risks and responsibility for such payment, and

(iii)               hold Trip4asia and/or MHotel harmless from any liability for such payment;

  • discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behavior;
  • use, display, mirror or frame the Trip4asia and/or MHotel Platform or Collective Content, or any individual element within the Trip4asia and/or MHotel Platform, Trip4aisa and/or MHotel's name, any Trip4asia and/or MHotel trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Trip4asia and/or MHotel Platform, without Trip4asia and/or MHotel's express written consent;
  • dilute, tarnish or otherwise harm the Trip4asia and/or MHotel brand in any way, including through unauthorized use of Collective Content, registering and/or using Trip4asia and/or MHotel or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Trip4asia and/or MHotel domains, trademarks, taglines, promotional campaigns or Collective Content;
  • use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Trip4asia and/or MHotel Platform for any purpose;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Trip4asia and/or MHotle or any of Trip4asia and/or MHotel's providers or any other third party to protect the Trip4asia and/or MHotel Platform;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Trip4asia and/or MHotel Platform;
  • take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Trip4asia and/or MHotel Platform;

 

12.2 You acknowledge that Trip4asia and/or MHotel has no obligation to monitor the access to or use of the Trip4asia and/or MHotel Platform by any Member or to review, disable access to, or edit any guest(s) Content, but has the right to do so to

 

(i) operate, secure and improve the Trip4asia and/or MHotel Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes);

 

(ii) ensure guests’ compliance with these Terms;

 

(iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body;

 

(iv) respond to guest(s) Content that it determines is harmful or objectionable; or

 

(v) as otherwise set forth in these Terms.

 

Host agree to cooperate with and assist Trip4asia and/or MHotel in good faith, and to provide Trip4asia and/or MHotel with such information and take such actions as may be reasonably requested by Trip4asia and/or MHotel with respect to any investigation undertaken by Trip4asia and/or MHotel or a representative of Trip4asia and/or MHotel regarding the use or abuse of the Trip4asia and/or MHotel Platform.

 

12.3 If you feel that any guest(s) you interact with, is acting or has acted inappropriately, including but not limited to anyone who

 

(i) engages in offensive, violent or sexually inappropriate behavior,

 

(ii) you suspect of stealing from you, or

 

(iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Trip4asia and/or MHotel by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

13. Term and Termination, Suspension and other Measures

 

13.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Trip4asia and/or MHotel terminate the Agreement in accordance with this provision.

13.2 You may terminate this Agreement at any time via email. If you cancel your Trip4asia and/or MHotel Account as a Host, all confirmed booking(s) which not more than prior to more than 60 days will continue proceed and all confirmed booking(s) which more than prior to more than 60 days will be cancelled and full refund to guest(s).

 

13.3 Without limiting our rights specified below, Trip4asia and/or MHotel may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.

 

13.4 Trip4asia and/or MHotel may immediately, without notice terminate this Agreement if

 

(i) you have materially breached your obligations under these Terms

 

(ii) you have violated applicable laws, regulations or third party rights, or

 

(iii) Trip4asia and/or MHotel believes in good faith that such action is reasonably necessary to protect the personal safety or property of Trip4asia and/or MHotel, its Host, or third parties (for example in the case of fraudulent behavior of a Host).

 

13.5 In addition, Trip4asia and/or MHotel may take any of the following measures

 

(i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if

 

(ii) you have breached these Terms, applicable laws, regulations, or third party rights,

 

(iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the

Trip4asia and/or MHotel Account registration, Listing process or thereafter,

 

(iv) you and/or your Listings or Host Services at any time fail to meet any applicable quality or eligibility criteria,

 

(v) you have repeatedly received poor Ratings or Reviews or Trip4asia and/or MHotel otherwise becomes aware of or has received complaints about your performance or conduct,

 

(vi) you have repeatedly cancelled confirmed bookings or failed to deliver to confirmed booking requests without a valid reason and/or compensate to the guest(s), or

 

(vii) Trip4asia and/or MHotel believes in good faith that such action is reasonably necessary to protect the personal safety or property of Trip4asia and/or MHotel, its host, or third parties, or to prevent fraud or other illegal activity:

  • cancel any confirmed bookings;
  • limit your access to or use of the Trip4asia and/or MHotel Platform;
  • temporarily or permanently revoke any special status associated with your Trip4asia and/or MHotel Account; or
  • temporarily or in case of severe or repeated offenses permanently suspend your Trip4asia and/or MHotel Account.

 

In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Trip4asia and/or MHotel and an opportunity to resolve the issue to Trip4asia and/or MHotel's reasonable satisfaction.

 

13.6 If we take any of the measures described above

 

(i) we may refund your Guests in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and

 

(ii) you will not be entitled to any compensation for confirmed bookings that were cancelled.

 

13.7 When this Agreement has been terminated, you are not entitled to a restoration of your Trip4asia and/or MHotel Account. If your access to or use of the Trip4asia and/or MHotel Platform has been limited or your Trip4asia and/or MHotel Account has been suspended or this Agreement has been terminated by us, you may not register a new Trip4asia and/or MHotel Account or access and use the Trip4asia and/or MHotel Platform through an Trip4asia and/or MHotel Account of another host.

 

14. Legal

 

Disclaimer of Warranties

 

ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. TRIP4ASIA AND/OR MHOTEL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TRIP4ASIA AND/OR MHOTEL DISCLAIMS ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR SATISFACTORY WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. TRIP4ASIA AND/OR MHOTEL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND/OR ITS SERVERS WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. TRIP4ASIA AND/OR MHOTEL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THE SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.

 

TRIP4ASIA AND/OR MHOTEL IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF RESERVATIONS OR, ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.

 

General Limitation of Liability

 

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TRIP4ASIA AND/OR MHOTEL, INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSEES, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE SITE AND ITS CONTENTS (COLLECTIVELY THE "COVERED PARTIES"), BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING BUT NOT LIMITED TO (WHERE RELEVANT, CAUSED BY): (I) LOSS OF PRODUCTION, LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF CONTRACT, LOSS OF OR DAMAGE TO GOODWILL OR REPUTATION, LOSS OF CLAIM, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, DELAY, PERFORMANCE OR NON-PERFORMANCE OF THE SITE; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE, INCLUDING SERVICES RENDERED OR PRODUCTS OFFERED BY THE ACCOMMODATION, (PARTIAL) CANCELLATIONS OR OVERBOOKINGS; (V) ERRORS OR INACCURACIES CONTAINED ON THE SITE OR ANY INFORMATION (INCLUDING BUT NOT LIMITED TO THE (DESCRIPTIVE) INFORMATION (INCLUDING RATES, AVAILABILITY AND RATINGS) OF THE ACCOMMODATION AS MADE AVAILABLE ON THE SITE), SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE; (VII) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THE SITE OR ANY SITE TO WHICH IT PROVIDES HYPERLINKS; OR (VIII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE SITE, ANY USE, DELAY OR INABILITY TO USE THE SITE, OR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE; OR (IX) ANY (PERSONAL) INJURY, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES ATTRIBUTABLE TO THE ACCOMMODATION (ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES OR AFFILIATED COMPANIES) (X) ANY DAMAGES CAUSED BY A FORCE MAJEURE EVENT. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. A force majeure event is any event beyond the Covered Parties\' control and can include, but is not limited to, natural disasters, weather conditions, fire, nuclear incident, electro-magnetic pulse, terrorist act, riots, war, arson attacks, insurgency, rebellion, armed hostilities of any kind, labor disputes, lockouts, strikes, shortages, government actions or restraints, pilferage, bankruptcy, machinery breakdown, network or system interruptions or breakdown, internet or communications breakdown, quarantine, epidemic, pandemic etc. No responsibility is accepted for any additional expense, omissions, delays, re-routing or acts of any governmental authority. No Covered Party shall be responsible for any Accommodation\'s breach of any condition or warranty including, but not limited to, implied conditions or warranties of fitness for a particular purpose or of merchantability, nor shall any Covered Party be responsible for any other wrongdoing of a Accommodation (including any liability in tort), as to any products and/or services available through the Site. Trip4asia and/or Mhotel does not guarantee continuous access without interruption to the Site.

 

Trip4asia and/or Mhotel’s liability is excluded or limited to the maximum extent permitted by law. Without prejudice to the limitations set out in the Terms of Use, Trip4asia and/or Mhotel’s liability shall in any event not exceed the lesser of (a) the aggregate cost of your reservation as set out in the confirmation email (whether for one event or series of connected events) or (b) two hundred and fifty United States dollars (or its equivalent in local currency). Claims should be submitted as soon as possible after occurrence of the event giving rise to the claim. Claims with undue delay may be considered void. Only bona fide claims will be considered.

 

Indemnity

 

You agree to indemnify and hold harmless Trip4asia and/or MHotel from and against any liability, damage or loss including legal fees and expenses that Trip4asia and/or MHotel incurs or suffers as a result of any action, inaction or omission by you. If you use the Site for or on behalf of a third-party ("Third-party"), such as a family member or a traveling companion, you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third-party of all applicable terms and conditions. Each customer using the Site for or on behalf of a Third-party agrees to indemnify and hold each Trip4asia and/or MHotel harmless from and against any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third-party\'s or the user\'s failure to fulfill any of its obligations as described above.

 

Severability

 

The Terms of Use shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law and such determination shall not affect the validity and enforceability of any other remaining provisions. The severed provisions shall be replaced by a provision approximating as much as possible the original wording and intent.

 

Termination

 

This Terms of Use shall remain in full force and effect while you use this Site or App. Trip4asia and/or Mhotel may terminate or suspend your access to this Site or App or your membership at any time, for any reason, and without notice, which may result in the forfeiture and destruction of all information associated with your membership. Trip4asia and/or MHotel may also terminate or suspend any and all Services and access to this Site or App immediately, without prior notice or liability, if you breach any of the terms or conditions of this Terms of Use.

Upon termination of your account, your right to use or access the Site or App, and any Content will immediately cease. All provisions of this Terms of Use which, by their nature, should survive termination, shall survive termination, including but not limited to ownership provisions, warranty disclaimers, and limitations of liability.

If this Terms of Use is terminated as a result of your breach, Trip4asia and/or MHotel reserves the right to cancel any outstanding purchases you may have, prior to said termination, without refund or liability to you.

 

Assignment

This Terms of Use is strictly not assignable, transferable or sub-licensable by you. Trip4asia and/or MHotel may transfer, assign or delegate this Terms of Use and its rights and obligations without prior notice to you.

 

Miscellaneous

 

Trip4asia and/or MHotel does not in any way (directly or indirectly, independently or in conjunction with any party) own, manage, operate or control the Accommodations, or any room in such Accommodations. The Accommodations are liable and responsible for providing accommodation service and welcoming people who have booked through Trip4asia and/or MHotel as their guests.

You are at all times bound by the local laws and regulations. Things which are legal in certain countries may be illegal in others. You should enquire about applicable restrictions. Trip4asia and/or MHotel cannot be held liable in case a Accommodation refuses to check you in or asks you to leave for legal or regulatory reasons.

 

For your convenience, the Site and the Terms of Use exist in a number of languages and local versions, but have originally been drawn up in the English language. In case of conflict between the English language version and a translated version, the English language version of the Terms of Use shall prevail.

 

Trip4asia and/or MHotel reserves the right, in its sole discretion, to modify, suspend, or terminate the Site or App and/or any portion thereof, including any service or product available through the Site or App, and/or your use of the Site or App, or any portion thereof, at any time for any reason with or without notice to you. In the event of termination, you will still be bound by your obligations under the Terms of Use, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, Trip4asia and/or MHotel shall not be liable to you or any third-party for any termination of your access to the Site. Trip4asia and/or MHotel reserves the right to amend or repeal the Terms of Use (or parts thereof) as it deems appropriate.

 

Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights. We may amend the Terms of Use at any time by posting a variation on the Site. The latest version of the Terms of Use will supersede all previous versions.

 

Entire Agreement

 

This Terms of Use (as may be amended from time to time), constitutes the entire agreement between the Trip4asia and/or MHotel and you with respect to the matters contained therein and any and all previous agreements and understandings between the Trip4asia and/or MHotel and you with respect to such matters. Trip4asia and/or MHotel and you have entered into this Agreement in reliance upon the representations and mutual undertakings contained herein and not in reliance upon any oral or written representations or information provided by the Accommodation or any representative of the Accommodation which is not referenced herein.