Terms & Conditions

Meryts Management LLC – terms and conditions

1. Code of Good Practices/ Introduction terms and conditions:

As a Concierge Service Provider, we offer our clients in the upper income range various services to make their everyday life easier or to fulfil special wishes.

We survey preferences, wishes and interests and provides programmes for this purpose.

Our mission is to empower people to experience the world.

These terms and conditions, as may be amended from time to time, apply to all our services directly or indirectly (through distributors) made available online, through any mobile device, by email or by telephone. By accessing, browsing and using our (mobile) website or any of our applications through whatever platform (hereafter collectively referred to as the “Platform”), you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (including the privacy statement).

For all the services of Meryts the following terms and conditions shall apply exclusively. These terms and conditions are binding for all present and future business transactions with Meryts, even if no express reference is made to them. Regulations deviating from or supplementing these terms and conditions shall only become part of the contract if this has been expressly confirmed in writing by Meryts.

2. Definitions:

“Meryts”, “us”, “we” or “our” means the Meryts Management LLC, a company incorporated under the United States of American law, registered at the commercial court New York NY, and having its registered address at 70 Park Drive North, 10580 Rye, NY USA

“Platform” means the (mobile) website and which service is made available owned, controlled, managed, maintained and/or hosted Meryts.

3. Scope and nature of our services/ memberships:

Through the contract concluded with us in each case within the scope of the Concierge Services, the customers could receive various services on our part.

For this purpose, the respective client grants us a general power of attorney with which we may represent the client and act on the client’s behalf in order to be able to provide our Concierge Services.

Through the Platform, we provide an online platform through which our clients can use our services.

Basically, there are 3 different types of contractual services, so called “memberships”, we offer (which the client can make use of):

• Option 1 – “lite membership”: Meryts puts together a programme from A to Z for a weekend/week, insofar as the customer makes use of this option – but she does not make any bookings (the client can make use of these services or not, a refund of contributions is not possible).
• Option 2 – “classic membership”: Meryts puts together a programme including organisation from A to Z for a weekend/week 3 times a year, insofar as the customer makes use of this option. Any bookings are made in the name and for the account of the client on the basis of the power of attorney granted. 10 times per year the organisation of single services can be arranged by Meryts. Any bookings are made in the name and for the account of the client on the basis of the granted power of attorney (“Booking/Trip service”). One-off access to certain cooperation partners is also offered within the framework of this option. The client can make use of these services or not, a refund of contributions is not possible.
• Option 3 – “bespoke membership”: Meryts puts together a unlimited programme including organisation from A to Z for a weekend/week, insofar as the customer makes use of this option. Any bookings are made in the name and for the account of the client on the basis of the power of attorney granted. The organisation of single services can be arranged unlimited by Meryts. Any bookings are made in the name and for the account of the client on the basis of the granted power of attorney (“Booking/Trip service”). One-off access to certain cooperation partners is also offered unlimited within the framework of this option. The client can make use of these services or not, a refund of contributions is not possible.

We reserve the right to change the services offered within the scope of the respective option at any time.

The conclusion of a membership does not constitute a distance contract under the FAGG.

A distance contract does not exist because the contract with Meryts is not concluded within the framework of a distribution or service system organised for distance sales.

The conclusion of memberships does not usually take place at a distance, as usually at the time of the conclusion of the contract one or more means of distance communication are not exclusively used, but a conclusion of the contract takes place personally with Meryts at the offices of Meryts.

Therefore, consumers do not have a right of withdrawal of 14 days according to the FAGG.

The cancellation of lite membership is not possible.

The other memberships (option 2 and option 3) are always concluded for one year. The customer waives the right to terminate the contract (option 2 and option 3) for 1 year.

The membership is always renewed for a further year, unless it is cancelled by the customer by written notice to Meryts at least 1 month before the expiry of the 1-year membership (option 2 and option 3).

By using or utilising the “Booking/Trip service” (e.g. by making a Trip Reservation/Organisation through the “Booking/Trip service”), you enter into a direct (legally binding) contractual relationship with the Trip Provider in which you make a reservation or purchase a product or service (as applicable). From the point at which you make your Trip Reservation, we only act solely for you with your general power of attorney with the Trip Provider.

Meryts does not (re)sell, rent out, offer any (travel) product or service.

When rendering the “Booking/Trip service”, the information that we disclose is based on the information provided to us by Trip Providers.

Although we will use reasonable skill and care in performing the “Booking/Trip service”, we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our Platform or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each Trip Provider remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates/fees/prices, policies & conditions and availability) displayed.

The “Booking/Trip service” is made available for personal and non-commercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, reservations, tickets, products or services available on our Platform for any commercial or competitive activity or purpose.

4. Prices:

Basically, there are 3 different types of contractual services, so called “memberships”, we offer. The following prices apply for them:

• option 1: $ 700,00 net per order of the service
• option 2: $ 15.000,00 net per year
• option 3: $ 30.000,00 net per year

All prices for our services are displayed excluding sales tax and all other taxes (subject to change of such taxes) and fees.

Payment must be made in advance, with option 2 or option 3 being monthly or annually by prior arrangement with Meryts.

Insofar as no benefits/services are claimed by the respective client, no refund of contributions already paid will be made.

The prices as offered by the Trip/Booking Providers are highly competitive. All prices for your Trip are displayed excluding sales tax and all other taxes (subject to change of such taxes) and fees, unless stated differently on the confirmation email/ticket. Ticket prices are per person or group and subject to validity or expiration as indicated on the ticket, if applicable.

Applicable fees and taxes (including tourist/city tax) may be charged by the Trip Provider in the event of a no-show or cancellation.

All special offers and promotions are marked as such. If they are not labelled as such, you cannot derive any rights in the event of obvious errors or mistakes.

5. Privacy and cookies:

Meryts respects your privacy. Please have a look at our  privacy and cookies policy for further information.

6. Free of charge for consumers:

Unless indicated otherwise, our service is free of charge for consumers apart from the costs of the “memberships” under point 4.

You will pay the Trip/Booking Provider the relevant amount as indicated in the Trip/booking Reservation (plus – insofar not included in the price – relevant applicable taxes, levies and fees (if applicable)) whereby there is no limit to the costs incurred for this.

7. Payment by credit card or bank transfer:

The price of membership must be paid in advance by bank transfer to Meryts and is automatically collected in advance by Meryts from the credit/debit card or bank account of the customer.

For certain products and services, Meryts facilitates (through third party payment processors) the payment of the relevant product or service (i.e. the payment facilitation service) on behalf of the client with its general power of attorney (Meryts never acts nor operates as the merchant of record). Payment is safely processed from your credit/debit card or bank account to the bank account of the contractor of the client through a third-party payment processor. Any payment facilitated by us on behalf of the client and transferred to the contractor of the client will in each case constitute a payment of (part of) the price by you of the relevant product or service in final settlement of such (partial) due and payable price and you cannot reclaim such paid money from Meryts.

In the event of credit card fraud or unauthorised use of your credit card by third parties, most banks and credit card companies bear the risk and cover all the charges resulting from such fraud or misuse, which may sometimes be subject to a deductible (usually set at $50 (or the equivalent in your local currency)). In the event that your credit card company or bank charges the deductible from you because of unauthorised transactions resulting from a reservation/booking made on our Platform/trough our concierge services, we will pay you this deductible, up to an aggregate amount of $50 (or the equivalent in your local currency). In order to indemnify you, please make sure that you report this fraud to your credit card provider (in accordance with its reporting rules and procedures) and contact us immediately. Please provide us with evidence of the charged deductible (e.g. policy of the credit card company). This indemnification only applies to credit card reservations made using Meryts secure server and the unauthorised use of your credit card resulted through our default or negligence and through no fault of your own while using the secure server.

8. Pre-payment, cancellation, no-show:

By making a Trip/Booking Reservation with a contractor of the client, you accept and agree to the relevant cancellation and no-show policy of that third party, and to any additional (delivery) terms and conditions of contractor of the client that may apply to your booked service including for services rendered and/or products offered by the Trip Provider.

If you wish to review, adjust or cancel your Reservation, please revert to the confirmation email by Meryts and follow the instructions therein by Meryts or the Trip/Booking provider.

Please note that you may be charged for your cancellation in accordance with the contractor of the client´s cancellation, (pre)payment and no-show policy or not be entitled to any repayment of any (pre)paid amount. We recommend that you read the cancellation, (pre)payment and no-show policy of the contractor of the client carefully prior to making your reservation and remember to make further payments on time as may be required for the relevant reservation.

Meryts does not accept any liability or responsibility for the consequences of your delayed arrival or any cancellation or charged no-show fee by the Trip/Booking Provider.

9. (Further) correspondence and communication:

By completing a booking/reservation, you agree to receive an email which we may send you shortly prior to your arrival date/ date of the event, providing you with certain information and offers (including third party offers to the extent that you have actively opted in for this information) relevant to your reservation and destination

Meryts disclaims any liability or responsibility for any communication by or with Trip Provider. You cannot derive any rights from any request to, or communication with the Trip Provider or (any form of) acknowledgement of receipt of any communication or request.

Meryts cannot guarantee that any request or communication will be (duly and timely) received/read by, complied with, executed or accepted by the Trip Provider.

In order to duly complete and secure your booking/reservation, you need to use your correct email address. We are not responsible or liable for (and have no obligation to verify) any wrong or misspelled email address or inaccurate or wrong (mobile) phone number or credit card number.

Any claim or complaint against Meryts or in respect of our Service must be promptly submitted, but in any event within 30 days after the scheduled day of consummation of the product or service any claim or complaint that is submitted after the 30 days period, may be rejected and the claimant shall forfeit its right to any (damage or cost) compensation.

Due to the continuous update and adjustments of rates and availability, we strongly suggest to make screenshots when making a reservation to support your position (if needed).

For consumers (in the European Economic Area): We advise you to first notify us of any complaints by contacting our Customer Service. If this does not resolve your complaint, you can upload your complaint via the European Commission’s ODR platform. This platform for online

dispute resolution can be found here: http://ec.europa.eu/odr.

10. Disclaimer:

Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your “membership fee”.

However, to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available our services shall be liable for

• any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim,
• any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the services as made available on our Platform/by us,
• the services rendered or the products offered by the Trip Provider or other business partners,
• direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our Platform, or (v) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, wilful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Trip Provider or any of our other business partners (including any of their employees, directors, officers, agents, representatives, subcontractors or affiliated companies) whose products or service are (directly or indirectly) made available, shown or promoted on or through the Platform, including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.

Meryts is not responsible (and disclaims any liability) for the use, validity, quality, suitability, fitness and due disclosure of the used services and makes no representations, warranties or conditions of any kind in this respect, whether implied, statutory or otherwise, including any implied warranties of merchantability, title, non-infringement or fitness for a particular purpose.

You acknowledge and agree that the relevant Trip Provider is solely responsible and assumes all responsibility and liability in respect of the trip (including any warranties and representations made by the Trip Provider). Meryts is not a (re)seller of the Trip. Complaints or claims in respect of the Trip (including related to the offered (special/promotion) price, policy or specific requests made by Customers) are to be dealt with by the Trip Provider.

Meryts is not responsible for and disclaims any liability in respect of such complaints, claims and (product) liabilities.

Whether or not the Trip Provider has charged you for your Trip, or if we are facilitating the payment of the (Trip) price or fee, you agree and acknowledge that the Trip Provider is at all times responsible for the collection, withholding, remittance and payment of the applicable taxes due on the total amount of the (Trip) price or fee to the relevant tax authorities. Meryts is not liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due on the (Trip) price or fee to the relevant tax authorities. Meryts does not act as the merchant of record for any product or service made available on the Platform.

Meryts is entitled, with immediate effect, to deny or limit access to our Platform, our (customer) service and/or your account, and/or to cancel a confirmed reservation, and/or prevent a reservation from being made by you in the event of any alleged or reasonably suspected

• form of fraud or abuse,
• non-compliance with applicable laws and/or regulations,
• inappropriate or unlawful behaviour, which includes but is not limited to the following: violence, threat, harassment, discrimination, hate speech, endangerment, invasion of privacy, human trafficking, exploitation of children, and obscenity in relation to Meryts (or its employees and agents), the Trip Provider (or its employees and agents), and/or third parties, or
• other circumstances that – at Meryts’s sole discretion – reasonably justify Meryts taking any of the aforementioned measures.

11. Intellectual property rights:

Unless stated otherwise, the software required for our services or available at or used by us nd the intellectual property rights (including the copyrights) of the contents and information of and material on our Platform are owned by Meryts.

Meryts exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure) of) the Platform on which the service is made available and you are not entitled to copy, scrape, (hyper-/deep)link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof and the guest reviews) or our brand without our express written permission. To the extent that you would (wholly or partly) use or combine our (translated) content or would otherwise own any intellectual property rights in the Platform or any (translated) content, you hereby assign, transfer and set over all such intellectual property rights to Meryts.

Any unlawful use or any of the aforementioned actions or behaviour will constitute a material infringement of our intellectual property rights (including copyright and database right).

12. Applicable law, jurisdiction, and dispute resolution:

These terms and conditions and the provision of our services shall be governed by and construed in accordance with United states of American law. Notwithstanding the foregoing choice of law, a natural person using any of our services for a purpose which can be regarded as being outside his trade or profession (hereinafter also referred to as “consumer”) can rely on the mandatory provisions of the law of the country where he has his habitual residence.

Any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in New York, NY.

Notwithstanding the foregoing jurisdiction clause, a consumer may also bring proceedings in the courts of the country in which he is resident, and proceedings against a consumer may be brought only in the courts of the country in which he is resident.

The original English version of these terms and conditions may have been translated into other languages. The translated version is a courtesy and office translation only and you cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these terms and conditions or inconsistency or discrepancy between the English version and any other language version of these terms and conditions, the English language version to the extent permitted by law shall apply, prevail and be conclusive. The English version is available on our Platform or shall be sent to you upon your written request.

If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.

13. About Meryts and the support companies:

The Concierge Service is rendered Meryts Management LLC, a company incorporated under the United States of American laws, registered at the commercial court New York, NY, and having its registered address at 70 Park Drive North, 10580 Rye, NY USA 

Meryts Management LLC