Gift Cards terms and Conditions

Last updated: June 27, 2019

 

These terms and conditions govern the use of the misterb&b Gift Card (“the misterb&b Gift Card terms and 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 Terms and Conditions.

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

  • By purchasing a misterb&b Gift Card in euro (EUR), you are contracting with Pinklab360 (“misterb&b Europe”);

  • 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 Terms and Conditions.

 

Balance of the misterb&b Gift Card

You must be a misterb&b Member to be able to use a misterb&b Gift Card.

Your misterb&b Gift Card may only be used for one (1) new booking. Your misterb&b Gift Card can only be used for booking which total price exceeds the misterb&b Gift Card initial balance by at least 1 USD or 1 EUR (according to the currency under which your misterb&b Gift Card was bought).

Any unused misterb&b Gift Card balance will be erased and no longer usable. If a booking exceeds the Guest’s misterb&b Gift Card balance, the remaining amount must be paid with another Payment Method in the Guest’s account.

The value of your misterb&b Gift Card ("Gift Cards") may only be redeemed on the misterb&b Platform to pay for (i) the booking of a Rental Property or Hotel Room listed on the misterb&b Platform, and (ii) the Guest fees, meaning the fees charged by misterb&b in consideration of  the services that misterb&b provides to you as a user (and any taxes where applicable on Guest Fees, such as the value-added tax in Europe). 

You understand your misterb&b Gift Card cannot be used to pay for any applicable Taxes, including without limitation, Occupancy taxes, sales Taxes and/or any other taxes applicable on transient rentals and collected, voluntarily or as required by law, by misterb&b.

 

Activation and Use of the misterb&b Gift Card

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. To activate your misterb&b Gift Card please contact our Customer Support by email with the code of the Gift Card provided in the pdf file sent to the email address provided for purchase. For misterb&b Gift Cards valued in USD: reach at gift@misterbandb.com. For misterb&b Gift Cards valued in EUR: reach at gift-us@misterbandb.com.

You understand and accept that misterb&b may determine necessary, for safety and/or fraud prevention purposes, that you complete an identity verification process in order to activate your misterb&b Gift Card. 

You understand that any relevant provisions of the Terms and Conditions that applies on the use of any other Payment Method, applies accordingly to your use of the misterb&b Gift Card. 

 

Validity of the misterb&b Gift Card

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), after which any remaining balance will be removed and the misterb&b Gift Card will become invalid and no longer available for use.

 

Refund

You understand that the misterb&b Gift Card is non-refundable after your purchase it.

In the event you cancel the booking purchased using a misterb&b Gift Card, or your booking amount is of a lesser value after you modify such booking, any refund amount due will be credited to the original Payment Method. In such events, a new misterb&b Gift Card will be issued to you with a value of the amount that was originally paid by your misterb&b Gift Card and that is refunded to you.

In the event the total amount to be refunded to you is greater than the amount originally paid by misterb&b Gift Card, then any remaining refund balance will be refunded to the other Payment Method used.

 

Risk of Loss

Once misterb&b has delivered the misterb&b Gift Card via electronic transmission (to the electronic address provided during the purchase), 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

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. 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

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. 

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 terms and conditions may not apply to you, and you may have additional rights. 

 

Disputes

The misterb&b Gift Card is issued by the misterb&b entity you have contracted with, as detailed in the introduction above.

If you are purchasing a misterb&b Gift Card from misterb&b U.S., the misterb&b Gift Cards terms and conditions are governed by the substantive and procedural laws of the State of California and United States federal law, without regard to its conflicts of law provisions. You agree that judicial proceedings must be brought before state or federal court in San Francisco, California, unless you and misterb&b both agree to some other location. You and misterb&b both consent to venue and personal jurisdiction in San Francisco, California.

If you are purchasing a misterb&b Gift Card from misterb&b Europe, the misterb&b Gift Cards terms and conditions are governed by the substantive and procedural laws of the State of France, without regard to its conflicts of law provisions. You agree that judicial proceedings must be brought before court in Paris, France, unless you are a consumer and habitually reside in a Member State of the European Union, in such case, any dispute arising out of these Terms will be brought before a competent court of such Member State.

 

General terms

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

The misterb&b Gift Cards cannot be redeemed against the purchase of another misterb&b Gift Card. 

The misterb&b Gift Card cannot be reloaded, resold, transferred for value or redeemed for cash or services, except to the extent required by law. Once activated on your misterb&b Account, a misterb&b Gift Card cannot be transferred to another misterb&b Account. 

misterb&b reserves the right to require additional verification of your identity, misterb&b Gift Card or misterb&b Account ownership, or provision of an additional Payment Method, before you are able to apply a Gift Card on your purchase.

misterb&b reserves the right to change the misterb&b Gift Cards terms and conditions. All terms and conditions are applicable to the extent permitted by law. 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.