TÉRMINOS Y CONDICIONES
THIS IS A LONG DOCUMENT CONTAINING SEVERAL IMPORTANT CLAUSES THAT RELATE TO YOUR RIGHTS AND OBLIGATIONS. BY USING THE WEBSITE ACCESSIBLE AT THE ADDRESSES WWW.MESAREDONDAPR.COM AND SUB-DOMAINS AND ON MESA REDONDA’S MOBILE APPS. THE CHARTERS, THE PROTECTION GUIDELINES AND TERMS ARE COLLECTIVELY REFERRED TO AS THE MASTER AGREEMENT. WE WOULD ADVISE YOU TO PRINT A COPY OF THE MASTER AGREEMENT FOR YOUR RECORDS.
1. Introduction
1.1 Mesa Redonda is part of Cincosentidos Culinary Group
1.2 Mesa Redonda operates websites, social media channels, APIs and applications (“Mesa Redonda Websites”) and provides a platform, services and market place by which users may issue invitations (the “Mesa Redonda Invitations”) offering to host or facilitate meals (or other social gatherings) (“Hosted Events”) which others may accept.
1.3 Your use of the Mesa Redonda Websites and the services offered by Mesa Redonda (the “Mesa Redonda Services”) is governed by these terms and conditions set out in this document and the documents referred to in this document (together the “T&Cs”).
1.4 In these T&Cs users who issue Mesa Redonda Invitations are (in that capacity) referred to as “Hosts” and users who accept Mesa Redonda Invitations are referred to (in that capacity) as “Guests”. A single user may be either a Host or a Guest in relation to different Hosted Events. Mesa Redonda provides a global marketplace allowing Hosts and Guests to contract with one another.
1.5 Unless Mesa Redonda expressly agrees to the contrary in writing, all your dealings with Mesa Redonda will be on and subject to the terms of these T&Cs. By using the Mesa Redonda Websites and the Mesa Redonda Services, you agree to be bound by these T&Cs.
1.6 These T&Cs may be updated from time to time, updates will be posted on the Mesa Redonda website and we shall endeavor to notify registered users of updates, it is however your responsibility to ensure that you remain compliant with the current T&Cs from time to time. We may also modify the operation of the Mesa Redonda Services and the amounts charged and payment mechanisms. These changes will not have retrospective application. If the modified T&Cs are not acceptable to you, your only recourse is to cease using the Mesa Redonda Websites and Mesa Redonda Services. If you do not cancel your Mesa Redonda registration you will be deemed to have accepted the changes.
1.7 Subject to your compliance with these T&Cs, Mesa Redonda grants you a limited non-exclusive, non-transferable license to download and install a copy of the applications forming a part of the Mesa Redonda Websites on each mobile device or computer that you own or control and run that application solely for your own personal use. You agree to adhere, in addition to these T&Cs, to the terms and conditions applicable to the device on which you run the application and store from which you download it. Mesa Redonda reserves all rights in the application not expressly granted to you by these T&Cs.
1.8 If you do not agree to be bound by these T&Cs, you may not use the Mesa Redonda Websites or Mesa Redonda Services.
2. Registration
2.1 Unregistered visitors may view the Mesa Redonda Websites. Only registered users may post content on the Mesa Redonda Websites and issue or accept Mesa Redonda Invitations. Registered users are identified on the Mesa Redonda Website by their first name and registered city and country. Mesa Redonda may rank or rate registered users.As a user you represent to Mesa Redonda that you will only use the Mesa Redonda Websites and Mesa Redonda Services for lawful purposes and where it is lawful to so use them.
2.2 You acknowledge and agree that, by accessing or using the Mesa Redonda Websites or Mesa Redonda Services or by downloading or posting any content to or from the Mesa Redonda Websites you are indicating that you have read, and that you understand and agree to be bound by these T&Cs. If you accept or agree to these T&Cs on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these T&Cs and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
2.3 By registering with Mesa Redonda you agree to adhere to (i) public policies published by Mesa Redonda on the Mesa Redonda Websites (such as the privacy policy), and (ii) the “Guest’s Charter” in respect of any Mesa Redonda Invitations that you accept, and (iii) the “Host’s Charter” in respect of any Mesa Redonda Invitations you issue.You may cancel your registration at any time by following the instructions on the Mesa Redonda Websites. If you cancel your registration we shall delete all personally identifiable information to the extent required to comply with applicable laws. You accept that we may terminate any user’s registration at any time.
2.4 Registration and access to the Mesa Redonda Services are intended solely for persons who are 18 or older. Any access or use of the Mesa Redonda Websites or Mesa Redonda Services by anyone under 18 is expressly prohibited. By using the Mesa Redonda Websites and Mesa Redonda Services you represent and warrant that you are aged 18 years or older.
2.5 You agree to complete the registration process honestly and as completely as you are able, and to keep the registration and other information about you accurate and up-to-date. You may maintain only one registration with Mesa Redonda, and may not register as a Mesa Redonda user on behalf of an individual other than yourself. Your registration with Mesa Redonda is personal to you and may not be sold or transferred without Mesa Redonda’s prior written agreement. You agree never to disclose your login details or password (except for the purpose of your logging in to the Mesa Redonda Websites yourself).
2.6 By registering as a user with Mesa Redonda you agree that Mesa Redonda may request consumer, credit rating and similar reports on you. If Mesa Redonda requests any such report, it will request and use it in compliance with applicable law.
2.7 If you link your registration with an accepted third-party social networking site or service you represent that you are lawfully able to do so and that such linking complies with all terms you and the third party have agreed and will not result in Mesa Redonda incurring any obligations or liabilities.
2.8 You will need to agree to our payment provider’s terms and conditions when you register to make or receive payments.
3. Our content and your use of the Mesa Redonda Website
3.1 Apart from the content generated by registered users, all the elements that make up the Mesa Redonda Websites and Mesa Redonda Services (including, without limiting the generality of this provision, its content, graphics, applications, software, functions and other features) belong to Mesa Redonda (or the person from whom Mesa Redonda licenses it). You agree that you have no entitlement to any part of the Mesa Redonda Websites or Mesa Redonda Services otherwise than to view content and use the communications facilities in connection with arranging and promoting Hosted Events and issuing, accepting and paying for Mesa Redonda Invitations in accordance, in each case, with these T&Cs. You agree that you are not permitted to reproduce, distribute, emulate, publish or imitate any part of the Mesa Redonda Websites and Mesa Redonda Services without Mesa Redonda’s prior written agreement.
3.2 In using the Mesa Redonda Website and Mesa Redonda Services you agree that you will not:
3.2.1 Circumvent Mesa Redonda’s legitimate commercial interests by participating in a transaction related to a Hosted Event independent of the Mesa Redonda Websites and Mesa Redonda Services or take any action (other than publish bona fide reviews) to dilute, tarnish or otherwise harm the Mesa Redonda brand in any way;
3.2.2 Use any part of the Mesa Redonda Website or Mesa Redonda Services for any commercial or other purposes that are not expressly permitted by these T&Cs or in a manner that falsely implies Mesa Redonda endorsement, partnership or otherwise misleads others as to your affiliation with Mesa Redonda or any of its users or partners;
3.2.3 Use manual or automated software, devices, scripts, robots, backdoors or other means or processes to (i) access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Mesa Redonda Website and Mesa Redonda Services, or (ii) collect information from or otherwise interact with Mesa Redonda Website or Mesa Redonda Services, or (iii) systematically retrieve data or other content from any of the Mesa Redonda Websites to create or compile, directly or indirectly, in single or multiple downloads, a compilation, database, directory or similar or analogous collection of information, or (iv) access, tamper with, or use non-public areas of any of the Mesa Redonda Websites and Mesa Redonda Services or the technical delivery systems of Mesa Redonda’s partners, or (v) attempt to probe, scan, or test the vulnerability of any part of any of the Mesa Redonda Websites or Mesa Redonda’s Services or Mesa Redonda’s security or authentication measures, or (vi) damage, disable, overload or alter any part of the Mesa Redonda Website or any other website, application or electronic communication, or (vii) broadcast any element containing computer viruses or any code, file, or computer program designed to interrupt, destroy or limit the software, features, IT or telecommunication equipment;
3.2.4 Access or use any of the Mesa Redonda Website or Mesa Redonda Services (i) to use, expose, or allow to be used or exposed, any content that is not publicly displayed by Mesa Redonda in its search results pages or listing pages before a Mesa Redonda Invitation is accepted; or (ii) in any way that is inconsistent with these T&Cs or any privacy or other policy publicly adopted by Mesa Redonda; or (iii) in any way that violates the privacy or any other rights of any other of Mesa Redonda’s users or any other third party;
3.2.5 Register and/or use any intellectual property of Mesa Redonda (or persons from which it licenses intellectual property) or in the name “Mesa Redonda” or its logo (or derivative terms or terms that are confusingly similar) whether in any domain names, trade names, trademarks or other source identifiers, trademarks, taglines, promotional campaigns or otherwise or infringe the rights of Mesa Redonda or the rights of any other person or entity (including, without limiting the generality of this provision, any intellectual property, privacy, publicity or contractual rights);
3.2.6 Copy, store or otherwise access or use any information contained on any of the Mesa Redonda Websites for purposes not expressly permitted by these T&Cs or use, display, mirror or frame the any of the Mesa Redonda Websites or Mesa Redonda Services, or any individual element within the any of the Mesa Redonda Websites or Mesa Redonda Services, Mesa Redonda’s name, any Mesa Redonda trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Mesa Redonda Websites and Mesa Redonda Services, without Mesa Redonda’s express written consent;
3.2.7 Interfere with or damage any of the Mesa Redonda Websites or Mesa Redonda Services (including, without limiting the generality of this provision, by the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology) or in connection with the distribution of unsolicited emails or advertisements (other than Mesa Redonda Invitations);
3.2.8 “Stalk” or harass any other user of any of the Mesa Redonda Websites or Mesa Redonda Services, or collect or store any personally identifiable information about any other user (other than for purposes of transacting as a Guest or Host);
3.2.9 Contact any Mesa Redonda user otherwise than about a Mesa Redonda Invitation;
3.2.10 Recruit or otherwise solicit any Mesa Redonda user to join a third-party service or website whether or not it is competitive to Mesa Redonda, without Mesa Redonda’s prior written approval;
3.2.11 Avoid, bypass, remove, deactivate, impair, scramble, descramble, or otherwise circumvent any technological measure implemented by Mesa Redonda or any of Mesa Redonda’s providers or any other third party (including another user) to protect any part of the Mesa Redonda Websites or Mesa Redonda Services, forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use any part of any of the Mesa Redonda Websites or Mesa Redonda Services to send altered, deceptive or false source-identifying information or attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the any part of any of the Mesa Redonda Websites or Mesa Redonda Services; or
3.2.12 Advocate, encourage, or assist any third party in doing any of the foregoing.
3.3 You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Mesa Redonda Websites, Mesa Redonda Services and ancillary documentation. You also agree not to use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Mesa Redonda Website or Mesa Redonda Services except as expressly permitted in these T&Cs. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Mesa Redonda or its licensors, except for the licenses and rights expressly granted in these T&Cs.
4 Your Content
4.1 Registered users may post content on the Mesa Redonda Websites. Anything that you post (or otherwise cause to be visible) on a Mesa Redonda Website is deemed for the purposes of these T&Cs to be content published by you (“Your Content”). Mesa Redonda’s policy is not to edit or moderate Your Content unless required to do so to ensure compliance with these T&Cs or with your prior consent. You agree that if you have linked your Mesa Redonda registration with any third-party service, the services may exchange information and you shall be deemed to have published any information made available by the third-party service as a result of the accounts being linked.
4.2 You are responsible for all Your Content.By registering to use the Mesa Redonda Websites you agree that:
4.2.1 Any representation that you publish is true;
4.2.2 You shall not use the Mesa Redonda Websites or Mesa Redonda Services to offer products or services other than Mesa Redonda Invitations
4.2.3 You shall not post, upload, publish, submit or transmit anything that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy or rights to an image; or (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability or might be expected to incite any anti-social behaviour; or (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; or (iv) is defamatory, abusive, threatening, harassing or obscene, pornographic, vulgar or may otherwise be found to be offensive by a reasonable person; or (v) is discriminatory, prejudicially intolerant, racist, hate inspired, harassing or harmful toward any individual or group, anti-Semitic, paedophilic, inciting violence, racial or ethnic hatred, illegal or that is in any other way reprehensible; or (vi) is violent or threatening or promotes violence or actions that are threatening to any person or group; or (vii) promotes illegal or harmful activities or substances; or (viii) condones or promotes any of the things listed in (i) to (vii);
4.2.4 None of Your Content shall include any images which you do not own or which include or depict any identifiable person who has not consented to the use of the image (and, in the case of images taken at a Hosted Event, in respect of which the relevant Host has consented to you publishing);
4.2.5 You shall not use the Mesa Redonda Website or Mesa Redonda Services to (i) transmit, distribute, post or submit any information concerning any other person or entity (including, without limiting the generality of this provision, photographs, contact or sensitive information or credit, debit, banking or other account numbers) without the relevant person’s prior permission; or (ii) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
4.2.6 All Your Content may be made public and associated with you;
4.2.7 Mesa Redonda is under no obligation to store and/or to publish Your Content (and Mesa Redonda may at any time and without prior notice delete Your Content from any part of the Mesa Redonda Website);
4.2.8 Although you remain the owner of (and responsible for) Your Content, nothing in any relationship between you and Mesa Redonda operates to transfer any intellectual property rights to you;
4.2.9 You grant (or shall procure the grant) to Mesa Redonda of a worldwide, non-exclusive, transferable, sub-licensable, royalty-free license to use all content (and all related intellectual property) in any content made available by you on the Mesa Redonda Website;
4.2.10 Mesa Redonda may edit, reproduce (in whole or in part), translate, link to and from, group and otherwise deal with Your Content (or elements of it) as it deems appropriate;
4.2.11 Mesa Redonda may use and exploit Your Content (and information that Mesa Redonda learns about you) to communicate with you, target advertising to you and develop, implement and refine marketing campaigns and to promote Mesa Redonda’s Services generally; and
4.2.12 You shall not advocate, encourage, or assist any third party in doing any of the foregoing.
4.3 You agree that any profile photograph that you upload is an honest representation of you and does not infringe any intellectual property rights belonging to a third party and that you expressly authorize Mesa Redonda to use your image.
4.4 By accepting these T&Cs you grant Mesa Redonda a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, translate, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit Your Content (which may include publishing it on, through, by means of the Mesa Redonda Websites and Mesa Redonda Services and may also include promoting or marketing the Mesa Redonda Websites and Mesa Redonda Services). Mesa Redonda does not claim any ownership rights in Your Content and nothing in these T&Cs will be deemed to restrict any rights that you may have to use and exploit Your Content.
4.5 Notwithstanding the licenses granted to Mesa Redonda pursuant to clauses 4.2.8 and 4.3, Mesa Redonda shall use reasonable endeavors to remove such of Your Content as you request us to remove from our current Mesa Redonda Websites (the request to be made through your registered account and confirmed in a recorded delivery letter with signed proof of receipt including sufficient details for us to identify you and the relevant part of Your Content that you request is removed from the Mesa Redonda Websites).
4.6 The Mesa Redonda Websites and Mesa Redonda Services may provide links or referrals to other websites, services, publications or applications. Mesa Redonda makes and gives no representation, endorsement, guarantee or confirmation as to the reliability of any such website, service publication or application and by agreeing to these T&Cs you agree that you shall not rely on Mesa Redonda when assessing or using them and that Mesa Redonda shall under no circumstance be responsible to you for any failure of any websites, services, publications or applications for which it is not responsible.Mesa Redonda assumes no responsibility for the content of websites linked on our site.Mesa Redonda will not be liable for any loss or damage that may arise from your use of them.In this context you confirm that Mesa Redonda is not responsible for the actions or failures of its payment providers.
4.7 You agree and consent that Mesa Redonda may (but is not obliged to) employ translators and copy editors (and may apply automated translation and copy editing services) to Your Content to change the style or language used by you. Except to the extent that anything done by Mesa Redonda create an obligation or liability which would not otherwise have arisen, you agree that these processes shall not diminish any responsibility or liability you have for Your Content (and that you shall hold Mesa Redonda harmless from any loss it may suffer as a result of hosting or otherwise dealing with Your Content).
5. Data
5.1 By accepting these T&Cs you agree that Mesa Redonda may collate and analyze data resulting from your use of the Mesa Redonda Websites and Mesa Redonda Services and may use and sell the resulting information.
5.2 Mesa Redonda will use reasonable endeavors to ensure that unless you agree to the contrary your personal information will not be disclosed to third parties except to the extent required to undertake reasonable verification, necessary to provide the Mesa Redonda Services or to operate the Mesa Redonda Website or as permitted by clause 5.3.
5.3 You expressly grant us permission, without further notice, to store, transfer and disclose data and other information relating to you or to your transactions, including, but not limited to, personally identifiable information to any relevant tax or other governmental or competent regulatory or law enforcement authority or agency that claims to be entitled to such information.
5.4 To the extent required by applicable law, Mesa Redonda shall on request of the relevant registered user delete all information that is personal to that registered user. Mesa Redonda may however (subject to applicable laws) retain data that may have been obtained by previous interactions with Mesa Redonda provided that that data cannot be linked to any individual person.
5.5 Mesa Redonda reserves the right to market the results of this automatic data handling.
5.6 You agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of Mesa Redonda, including by inappropriately using any Mesa Redonda intellectual property.
6. Hosted Events
6.1 The Mesa Redonda Websites and Mesa Redonda Services comprise an online platform designed to enable Hosts to create Mesa Redonda Invitations for Hosted Events and for Guests to learn about and book Hosted Events directly with the Hosts. You understand and agree that Mesa Redonda is not a party to any agreements between Hosts and Guests and that Mesa Redonda has no control over (and not liability or obligation to you in respect of) the conduct of (i) Hosts, (ii) Guests, (iii) other users of the Mesa Redonda Websites and Mesa Redonda Services or (iv) others attending or facilitating Hosted Events.You agree that Mesa Redonda is not responsible for any damage or harm resulting from your interactions with other users of the Mesa Redonda Websites or Mesa Redonda Services and you accept that (to the maximum extent permitted by law) Mesa Redonda disclaims all liability resulting from the conduct or any such person.
6.2 By agreeing to these T&Cs you agree to adhere to all applicable laws and regulations (including without limiting the generality of this provision, fiscal and administrative regulations) that apply to any Hosted Event.
6.3 You agree that Mesa Redonda shall under no circumstance be held responsible or liable for any representation in a Mesa Redonda Invitation or for a Hosted Event not running smoothly or as advertised or otherwise being unsatisfactory.
6.4 In certain circumstances, Mesa Redonda may decide, in its sole discretion, that it is necessary or desirable to cancel a Hosted Event. In these circumstances Mesa Redonda may determine, in its sole discretion, to refund to the Guest part or all of the amounts charged to the Guest. You agree that Mesa Redonda and the relevant Guest or Host will have no liability to you in respect of such cancellations or refunds.
7. Financial arrangements
7.1 When issuing Mesa Redonda Invitations Hosts state the fees that they will charge each Guest, these fees are quoted inclusive of all sales and analogous or other taxes (the “Host’s Charges”). Mesa Redonda arranges a service for these fees to be collected and held in a third-party trust account on terms that the funds will be paid in accordance with these T&Cs (arranging this collection and holding service constitutes a part of the Mesa Redonda Services). Mesa Redonda may charge Guests a fee for the use of the Mesa Redonda Services (the “Mesa Redonda Fees”). Acceptance of a Mesa Redonda Invitation constitutes agreement to pay the Host’s Charges and any Mesa Redonda Fees (the “Transaction Fees”). The total amount of the Transaction Fees is the amount payable by the Guest in respect of each Mesa Redonda Invitation at the time that the Guest accepts the Mesa Redonda Invitation.
7.2 Where applicable, the Mesa Redonda Fees are calculated as a variable percentage of the Host’s Charges. Any Mesa Redonda Fees are payable by the Guests at the same time as payment of the Host’s Charges. To the extent that the Mesa Redonda Fees are subject to sales taxes, such as VAT, these taxes will be included in the total amount payable by the Guest in respect of the Transaction Fees. Where Mesa Redonda charges Mesa Redonda Fees it shall on request provide an invoice in respect of those Mesa Redonda Fees, separately identifying any sales taxes charged by Mesa Redonda.
7.3 Hosts agree and acknowledge that they are responsible for discharging all of their own tax obligations (including sales taxes including, but not limited to, VAT) whether these are imposed on a state, local or other level. Mesa Redonda assumes no obligations whatsoever in this regard. In particular, Mesa Redonda assumes no responsibility (actual or deemed) to notify or explain to Hosts, or to enquire into, the VAT or sales taxes treatment of any Hosts or Hosted Events.
7.4 If Mesa Redonda so requires for the purposes of its dealings with any tax or regulatory authority, Hosts and Guests shall provide to Mesa Redonda, promptly on request, any information, data, documentation and/or copies of communications (whether in electronic format or otherwise) which relate to Hosted Events in which they have participated. Hosts shall, promptly on request, provide to Mesa Redonda all reasonable assistance in any discussion or dispute with any tax authority with respect to the VAT or sales tax treatment of Hosted Events in which those Hosts have participated.Each Host agrees to indemnify Mesa Redonda for any VAT or similar sales tax obligations which Mesa Redonda is required to pay and which arise wholly from Hosted Events hosted by that Host.
7.5 You may only make payments in respect of Mesa Redonda Invitations through the payment processing facilities provided on the Mesa Redonda Websites, by special arrangement with Mesa Redonda through its direct booking services or of through a third-party agency that is authorized by Mesa Redonda to provide those parts of the Mesa Redonda Services relating to processing payments. Please check with Mesa Redonda to ensure that any third-party with whom you are dealing is properly authorized by Mesa Redonda. If the Mesa Redonda Invitation is transacted through an authorized third-party you may not be required to pay any Mesa Redonda Fees, but the authorized third-party agent may instead charge an administration fee.
7.6 You agree that the sole and exclusive role and responsibility of Mesa Redonda (and any of its authorized third-party agents) in providing Mesa Redonda Services relating to processing payments is to arrange the collection of payments from Guests and for the payment of the amounts collected in accordance with these T&Cs (and you agree that they have no other or further liability to you in respect of any payment made).
7.7 Payments are made by Guests through selected payment providers.The terms on which the payment providers hold funds are stated in their terms.Mesa Redonda may receive amounts due to Hosts from payment providers, where it does so such funds will be held in a bank account (separate from Mesa Redonda’s own trading bank account) until they are transferred to the Host (or, where appropriate, reimbursed to the Guest).
7.8 Mesa Redonda may “round off” numbers to the nearest functional base unit in the relevant currency. Mesa Redonda uses commercial currency exchange operators and registered users accept the risks in fluctuations in currency exchange rates
8. Insurance, disputes, resolution and refunds
8.1 Guests may need to cancel a Mesa Redonda Invitation that they have previously accepted, in such cases please contact Mesa Redonda at hola@messaredondapr.com. Guests shall qualify for a full refund of the Host’s Charges if (a) the Guest notifies Mesa Redonda and the Host of cancellation during usual business hours in Puerto Rico (being 9am to 5pm on weekdays other than public holidays) before the cancellation deadline of the relevant Hosted Event, or (b) if the Host cancels the Hosted Event for any reason.
8.2 We hope all Guests enjoy every Hosted Event, however sometimes things go wrong and if a Guest believes that the Host failed to fulfill an essential obligation of the Hosted Event then the Guest may until midnight on the day following the date on which the relevant Hosted Event was scheduled to take place request that the whole or a part of the payment is refunded by using the claim form on the page summarizing the reservation or by sending an email to hola@mesaredondapr.com specifying the Hosted Event reference, identifying the Host, specifying the amount of the Transaction Fees, saying how much the Guest wishes to be reimbursed and giving as much information as possible in relation to the problem/ relevant failures/ reasons for believing that payment should be refunded.
8.3 Mesa Redonda has an insurance policy in force which is intended to give the benefits and protections explained on the Mesa Redonda Websites. Please notify Mesa Redonda immediately at hola@mesaredondapr.com if you have suffered loss which appears to be covered by the insurance policy. The notification should include all relevant details and include such information and evidence as is available to you to substantiate the claim. By sending the email you agree to provide us with all further information that is reasonably available to you which we request in relation to the claim, including any medical or travel details and expenses, details of any other insurance available to you and any proposed or agreed resolution of any of the circumstances relating to the claim with any third party. Mesa Redonda agrees to indemnify or compensate you in respect of any such losses to the extent only that it is able to secure recovery from its insurance policy. Mesa Redonda will not deduct any administration fees from any such amount recovered. Save as provided in this clause 8.3 Mesa Redonda has no further or other obligation or liability in respect of its guarantee.
8.4 If you have a dispute relating to a Hosted Event, we encourage you (although this is not compulsory) to contact our claims department in order to try to resolve the dispute amicably. Our claims service can be contacted by email at the following address: hola@mesaredondapr.com.
8.5 It is important that if, as a Guest, you are not satisfied with a Hosted Event you notify Mesa Redonda before midnight on the day following the date on which the relevant Hosted Event was scheduled to take place. Once Mesa Redonda has released funds to the Host, it is unable to offer Guests any remedy.
8.6 Following receipt of a refund request Mesa Redonda may direct that an amount up to the entire value of the Transaction Fees paid by the Guest (less payment transaction costs and any third-party agency fees that Mesa Redonda is not entitled to recover) is refunded to the Guest. If, however, Mesa Redonda believes that the complaint is without merit, of limited merit or that Mesa Redonda is not able to assess the merit of the complaint, then Mesa Redonda may direct that the whole or any part of the Transaction Fees are paid to the Host and/ or that the balance (if any) is withheld pending resolution of the dispute between the relevant Host and the Guest.If no such resolution has been reached within six months, Mesa Redonda may direct that 50% of the disputed element of the Host’s Charges is paid to the Host and that 50% of the disputed element of the Host’s Charges is paid to the Guest (and the Mesa Redonda Fees shall be paid to Mesa Redonda) or may make such other arrangements as then appear appropriate to it (which may include making payment as directed by a Court of competent jurisdiction).Mesa Redonda shall have no further or other liability or responsibility to the Host and Guest in respect of any such claim to be refunded.You agree to abide by decisions made by Mesa Redonda (even if the decision appears perverse to you).
8.7 Mesa Redonda agrees to use reasonable endeavors to assess merits of claims and to act in good faith toward Guests and Hosts, however you agree that it has no responsibility or liability to you for any assessment it makes in relation to the merits of any claim between Guests and Hosts or any direction it gives as to the payments to be made to Guests or Hosts in accordance with this clause 8 and you also agree that Mesa Redonda may make or decline refunds and payments pursuant to these T&Cs and that if and to the extent it does so it shall have no further liability or obligation to you or the Host or Guest.
8.8 Mesa Redonda will endeavor to make refunds to Guests through the same payment facility through which the payment was originally made. Where it is not possible to make such a refund, it may require other verification before the refund can be processed.The Guest agrees to bear the cost of currency exchanges and risks in fluctuations in currency exchange rates.
8.9By accepting these T&Cs you agree that if Mesa Redonda has followed the processes mentioned above in good faith it shall have no further or other liability or obligation to you.
8.10Mesa Redonda has no responsibility or liability in respect of any failure by a payment processor or authorized agent.
9.0The Mesa Redonda platform serves as a trusted intermediary between Hosts and Guests and maintains itself through the service fee included in each Guests' booking. This also includes insurance that protects our Hosts and Guests during their Mesa Redonda experiences. In the case that a Host or Guest offers payment alternatives outside of the platform, Mesa Redonda is no longer able to extend its insurance to the Host or Guest and reserves the right to disable the Host's Mesa Redonda account.
9 Exclusions and limitations to Mesa Redonda’s responsibility and liability
9.1 You agree by issuing or accepting a Mesa Redonda Invitation you do not create any relationship with Mesa Redonda save as expressly provided in these T&Cs. Mesa Redonda does not control, and has no right to control, your Mesa Redonda Invitation, your offline activities associated with your Mesa Redonda Invitation, or any other matters related to any Mesa Redonda Invitation that you publish.
9.2 Registered users are required by these T&Cs to provide accurate information about yourself and only to post reliable and accurate content to the Mesa Redonda Websites and not, when using the Mesa Redonda Websites or Mesa Redonda Services, to make any factually incorrect, fraudulent or misleading statements or representations.By accepting these T&Cs you agree that Mesa Redonda, its payment providers and/or other partners may request identity verification from you (and you agree to comply with such requests as are reasonable made) and may use other information or resources available to them to verify your identity, to undertake regulatory checks and to help limit improper use of the Mesa Redonda Websites, Mesa Redonda Services and other services provided by the payment providers and other partners. Mesa Redonda does not, however, undertake any obligation to you to undertake any such checks and you agree that Mesa Redonda does not represent, endorse, guarantee or confirm the identity of any user or the accuracy of any content or representation made by any user or otherwise received from (or communicated in connection with or as a result of) any of the Mesa Redonda Websites or Mesa Redonda Services (and by agreeing to these T&Cs you irrevocably agree that except to the extent otherwise expressly agreed by Mesa Redonda you waive any entitlement to claim reliance on any such representation, endorsement, guarantee or confirmation).
9.3 To the extent permitted by law, Mesa Redonda excludes all conditions, warranties, representations or other terms which may apply to the Mesa Redonda Websites and Mesa Redonda Services or any content on them, whether express or implied. Mesa Redonda will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
9.3.1 Use of, or inability to use, any of the Mesa Redonda Websites or Mesa Redonda Services; or
9.3.2 Use of or reliance on any content displayed on any of the Mesa Redonda Websites or Mesa Redonda Services.
9.4 Subject as provided in clause 8.3, Mesa Redonda will not be liable for:
9.4.1 Loss of profits, sales, business, or revenue;
9.4.2 Business interruption;
9.4.3 Loss of anticipated savings;
9.4.4 Loss of business opportunity, goodwill or reputation; or
9.4.5 Any indirect or consequential loss or damage.
9.5 Mesa Redonda will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
9.6 By using the Mesa Redonda Websites and Mesa Redonda Services, you agree that (subject as provided in clause 8.3) any legal remedy or liability that you seek to obtain for actions or omissions of other users of the Mesa Redonda Websites and Mesa Redonda Services or other third parties will be limited to a claim against the individual or other third party who caused you harm.You agree not to attempt to impose liability on or seek any legal remedy from Mesa Redonda with respect to such actions or omissions.
9.7 You agree that to the maximum extent permitted by law Mesa Redonda has no liability or responsibility to you in respect of any general or specific failure, suspension or interruption in any services offered by any of the Mesa Redonda Websites or error or omission in information or processing provided on or by the Mesa Redonda Websites or loss of information provided to the Mesa Redonda Websites.
9.8 Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
9.9 Save to the extent that liability may not be excluded by law:
9.9.1 Mesa Redonda has no liability save to the extent admitted by clauses 9.8, 9.9.2 and 9.9.3;
9.9.2 Mesa Redonda’s liability to the Host is limited to the amount collected by Mesa Redonda as agent of the Host in respect of the Hosted Event to which the relevant claim relates and not paid to the Host (or, where appropriate, refunded to the Guest) in accordance with these T&Cs and any amount recovered under the insurance policy referred to in clause 8.3; and
9.9.3 Mesa Redonda’s liability to the Guest is limited to the commission paid to it by the Guest in respect of the Hosted Event to which the relevant claim relates and any amount recovered under the insurance policy referred to in clause 8.3.
9.10 You agree and confirm that if you choose to use any of the Mesa Redonda Websites or the Mesa Redonda Services to enter any arrangement with another person (whether in your capacity as a Guest or as a Host) you should enter an agreement with that other person (that agreement may be or comprise the terms and conditions on which the Mesa Redonda Invitation is offered and accepted).You agree to adhere to the terms of any such agreement.You acknowledge and agree that you, and not Mesa Redonda, are responsible for ensuring that each counterparty to any such agreement complies with the terms of that agreement and satisfies any obligations the counter-party has to you.By agreeing to these T&Cs you also agree that Mesa Redonda is not a party to any agreement between you and any other person (whether as Guests, Hosts, agents or in any other capacity) and that (except to the extent that Mesa Redonda or any of its agents agrees on and subject to the terms of clause 7 and the other provisions of these T&Cs and as part of the Mesa Redonda Services to arrange the collection, holding and payment of Transaction Fees as part of the Mesa Redonda Services) Mesa Redonda has no liability to you or any other person arising from or related to any agreements between Guests and Hosts.
9.11Subject to the provisions of clause 9, you agree that none of Mesa Redonda, its directors, employees, agents or other representatives is liable to you for any damage, whether direct or indirect, resulting from use of the Mesa Redonda Websites or the Mesa Redonda Services even if Mesa Redonda has knowledge or has been informed of the likelihood of the occurrence of such damage.
10 Cancellation and suspension
10.1 You may terminate your registration at any time by sending us an email from your registered email to hola@mesaredondapr.com.
10.2 Mesa Redonda may terminate or suspend your registration for convenience at any time by giving you notice via email to your registered email address.
10.3 If your Mesa Redonda registration is canceled all Hosted Events in respect of which you had issued Mesa Redonda Invitation will be automatically canceled and all Hosted Events in respect of which you had accepted a Mesa Redonda Invitation will also be automatically cancelled.Depending on the applicable cancelation policy, an appropriate refund may be issued.
11 Miscellaneous
11.1 You declare and guarantee to Mesa Redonda that you are a person over 18 years of age and/or having the legal capacity to enter into a contract.
11.2 Some portions of the Mesa Redonda platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s terms of use.
11.3 If you become aware of any content on any of the Mesa Redonda Websites that you suspect has been posted in breach of these T&Cs please notify us by email at hola@mesaredondapr.com will be helpful if you are able to include (a) details of the content concerned, (b) information to enable us to locate the content in question on the Mesa Redonda Website, (c) your contact information (full name, postal address, telephone number, email address and, where applicable, the name of the body on whose behalf you are contacting us, its postal address, its registration number), (d) a statement, where applicable, that you are the owner of intellectual property rights or rights to an image or to the person concerned or authorized to act in the name of the owner.
11.4 You acknowledge and agree that Mesa Redonda may store personal and other information about you on your electronic devices in the form of “cookies” and other programs and devices. The use of these solely concerns the functioning of the Mesa Redonda Website. You acknowledge and agree that if you do not allow or limit the placing of cookies on your devices, this ban or restriction may have an adverse effect on your use of the Mesa Redonda Websites.You acknowledge and agree that Mesa Redonda may also store your personal information on computers and servers in Europe and beyond its borders. By using the Mesa Redonda Website, you acknowledge and agree that Mesa Redonda may, at its sole discretion store or divulge this information if required to do so by law or if there are serious reasons to think that storage or divulgence of this information is required to conform to a legal procedure.
Guest's Charter
THIS IS A LONG DOCUMENT CONTAINING SEVERAL IMPORTANT CLAUSES THAT RELATE TO YOUR RIGHTS AND OBLIGATIONS. BY USING THE SITE, YOU ARE AGREEING TO BE BOUND BY:
(i) FIRSTLY, THIS GUEST’S CHARTER,
(ii) THE TERMS AND CONDITIONS PUBLISHED BY MESA REDONDA ON ITS WEBSITES AT WWW.MESAREDONDAPR.COM SUB-DOMAINS AND ON MESA REDONDA’S MOBILE APPS. THE CHARTER AND TERMS ARE COLLECTIVELY REFERRED TO AS THE MASTER AGREEMENT.
WE WOULD ADVISE YOU TO PRINT A COPY OF THE MASTER AGREEMENT FOR YOUR RECORDS.
Mesa Redonda provides an online platform that connects hosts, who want to offer food experiences, to list and book with guests seeking to book such food experiences (collectively, the “Experiences“), which services are accessible at www.mesaredondapr.com and any other websites through which Mesa Redonda makes the services available (collectively, the “Site“) and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the “Application“).
By using the Site, Application or Services, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms“), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and constitute a binding legal agreement between you and Mesa Redonda.
Please also read carefully our Privacy Policy.
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties.
By using the Mesa Redonda Website:
– You are agreeing to be bound to the Guest’s Charter which forms a contract between yourself and Mesa Redonda (hereinafter referred to as the (“Guest’s Charter”);
– You are expressly renewing your acceptance to be bound by the Master Agreement. We would advise you to read through the Master Agreement again. The Master Agreement and the Guest’s Charter form a contractual whole by which you are bound when you use the Mesa Redonda Website as a “Guest” (as this term is defined in the Master Agreement). In the event of contradiction between a stipulation in the Master Agreement and a stipulation in the Guest’s Charter, the stipulation in the Guest’s Charter shall prevail. If you do not agree to be bound by the Guest’s Charter, you are not allowed to use the Mesa Redonda Website as a Guest.
To become a Guest, you must first create a “User’s Account” (as the term is defined in the Master Agreement) and complete it by providing, as a minimum, the following obligatory information: Your title – Your family name – Your first name – Your email address. You are committed to providing a profile photograph that represents you to the exclusion of any other person and/or work. By uploading such a photograph, you guarantee to Mesa Redonda that this does not infringe any intellectual property rights belonging to a third party and that you expressly authorize Mesa Redonda to use your image, and that you grant it a license for use under the conditions set out in the Master Agreement.You are committed to provide full, exact and honest information and to keep it permanently up-dated.
Mesa Redonda Invitations (as the term is defined in the Master Agreement) that are published on the Mesa Redonda Website are defined and offered by the “Hosts” (as the term is defined in the Master Agreement). Before accepting a Mesa Redonda Invitation you must read this charter in detail and contact the Host if you have any questions. Do not accept any Mesa Redonda Invitation if you have any doubts or questions in your mind. We would advise you to read the Master Agreement to find out in detail how our commission is calculated, the payment methods we use, and the proportion requested by the Host.
The “Contact Service” (as the term is defined in the Master Agreement) is designed to facilitate your meeting with one or several people from a different culture over a meal that is provided for you. Via this service you can visit a Host’s place, possibly in the presence of other Guests. You agree to respect your Host and the other guests, as well as their respective cultures, and to treat them in a non-discriminatory manner. You agree to abide by your Host’s rules. This list is not exhaustive but under no circumstances should these rules infringe your modesty or integrity.
The most important quality in a Guest is to respect the hospitality offered by their Host. You agree not to enter any part of their premises other than that shown to you by your Host, and in particular not to enter any room without prior invitation from your Host. You agree not to interfere with your Host’s space, in particular their personal items, and not to move any object without prior invitation from your Host. You agree to accept and respect the presence of other people in the premises, such as, for example, without this list being exhaustive, family members and/or friends of your Host. You agree to accept and respect the presence of animals as described, where applicable, in the accepted Mesa Redonda Invitation. You state and guarantee that you are not allergic to these animals. You agree not to damage either the premises to which your Host has invited you, nor the building, furniture in or around the premises.
You agree to give your Host prior notice, when you accept a Mesa Redonda Invitation, in an exhaustive and truthful manner, of any foods or drinks to which you may be allergic and/or that you may refuse to eat or drink for whatever reason (reasons that you are not obliged to justify). You agree not to accept a Mesa Redonda Invitation without obtaining prior confirmation from your Host that their food is free from such foods and/or drinks. In the event that you should accept a Mesa Redonda Invitation without having obtained prior confirmation from your Host, or in the knowledge of the presence in the composition of the meals offered of one or several of these foods and/or drinks, then the amount requested by the Host and our commission, including tax, shall remain payable. You cannot ask for a dish to be replaced by another and you will eat and drink the food and drinks offered to you at your own risk. You guarantee to us on this matter that we cannot be held in any way responsible in such a circumstance.
You agree to leave the premises at the request of your Host and in all cases upon expiry of the maximum duration estimated by the Mesa Redonda Invitation as stated by the Host on the Mesa Redonda Website. Under no circumstances shall we be held responsible in the event that you do not respect this obligation. You agree to take personal responsibility in the event of a claim by a third party or by your Host in the event that you do not respect this obligation. You also guarantee us against any claim by a third party or by your Host in this respect.
You agree to respect your Host’s neighbors and not to behave in such a way that may cause any nuisance, particularly noise, to be suffered by neighbors in the course of a Mesa Redonda Invitation. Under no circumstances shall we be held responsible in the event that you do not respect this obligation. You agree to take personal responsibility in the event of a claim by a third party in the event that you do not respect this obligation. You also guarantee us against any claim by a third party in this respect.
The definition and publication on the Mesa Redonda Website of aMesa Redonda Invitation constitutes a pre-contractual offer. If you are interested in a Mesa Redonda Invitation offer presented by a Host, you can ask the Host if they would accept you as a Guest. In the event that you should be accepted as a guest, the pre-contractual offer shall become a contractual offer. In the event of the acceptance of their contractual offer before the date of the Mesa Redonda Invitation offered (the “Term”), a contract shall be made between you and the Host (hereinafter referred to as the “Guest-Host Contract”). Failing acceptance of their contractual offer before the Term, this shall automatically become null and void. In any event, your Host’s offer will close early as soon as the number of Guests having accepted said Mesa Redonda Invitation shall be equal to the stated maximum. The Guest-Host Contract is made between the Host and yourself, to the exclusion of Mesa Redonda. The terms and conditions of this Guest-Host Contract are constituted by the terms and conditions defined in said Mesa Redonda Invitation as well as, where applicable, the terms of any agreements that you may have made during direct exchanges with the Host, whether these agreements were made via the Mesa Redonda website or not. You agree to respect the terms and conditions of this Guest-Host Contract In the event that you do not attend the Mesa Redonda Invitation at the time and date agreed, the total amount payable by the Guest, as well as our commission, including tax, shall remain payable by yourself and shall be paid to your Host and to Mesa Redonda. In the event of any dispute between you and your Host due to a failure by one of these parties to honor their contractual obligations, Mesa Redonda shall in no way be held responsible. In the unlikely event that the responsibility of Mesa Redonda should be called into question by your Host, or by one or several of the other Guests, or by a third party due to your failure to respect the Guest-Host Contract, you agree to compensate Mesa Redonda for any damage that it may suffer as a result (damage to the company image, economic damage, etc.).
We advise you to make yourself familiar with the regulations, whether fiscal, administrative, or of any other nature, that may apply to you. You agree, where applicable, to respect any regulations governing the premises where a Mesa Redonda Invitation takes place.
4.8 You shall not pass on any (part of the) Commission or turnover or offers prospects of this, or of a discount or cash back. You shall pay only through the Mesa Redonda platform.
4.9 You shall not approach the Mesa Redonda hosts with any offer that is not related to your Mesa Redonda event request. Job offer or any question or request that its purpose is not related to your Mesa Redonda event is strictly prohibited and your account will be disabled immediately.
Under no circumstances shall we be held responsible in the event that you should fail to respect all or any of the above mentioned obligations. You agree to make any claim by your Host, or by other Guests, your own personal responsibility in the event that you should fail to respect your obligations and you guarantee us against any recourse from your Host and/or from other Guests in this respect. Except as provided in the terms and conditions of the Mesa Redonda website, the Mesa Redonda guest’s charter and the Mesa Redonda host’s charter (for more information, please contact hola@mesaredondapr.com), we are not responsible for any damage or harm resulting from your Mesa Redonda invitation.
You acknowledge and accept that the fact of being a Guest brings with it certain risks and in particular, without this list being exhaustive, the risk that your Host and/or one of the other Guests might break or damage your property; the risk that your Host and/or one of the other Guests may be sick and infect you; the risk that that your Host and/or one of the other Guests may divulge and/or use personal information communicated to them by you, for purposes other than the Mesa Redonda Invitation alone Mesa Redonda shall not under any circumstances be held responsible for such damage. You agree not to go to your Host’s place in the event that you may risk infecting your Host and/or other Guests and you accept that the amount requested by your Host and our Commission, including tax, shall not be refunded to you.
You acknowledge that photographs published by the Host may not represent the food experience that will be offered to you during the Mesa Redonda Invitation.
This Guest’s Charter is a membership agreement that can only be unilaterally modified by and at the sole discretion of Mesa Redonda. Mesa Redonda reserves the right to modify this Guest’s Charter at any time. Any modification of this charter will come into force when it is published on the Mesa Redonda Website and you will be notified immediately by email to the address that you have provided in your User’s Account. By continuing to use the Mesa Redonda Website as a Guest, you agree to be bound by the modified Guest’s Charter. If you do not accept the modifications that have been made, you may no longer use the Mesa Redonda Website as a Guest and you are obliged to stop accepting Mesa Redonda Invitations. We would advise you to print a copy of each version of the Guest’s Charter that would be applied to you for your records. To ensure that you are fully informed, the date of implementation of each modified Guest’s Charter is shown in the heading of the document.
You declare and guarantee to us that you are a person over 18 years of age and/or having the legal capacity to enter into a contract. Use of the Mesa Redonda Website as a Guest is considered to be null and void if it is done in violation of this charter. By using the Mesa Redonda website as a guest, you declare and guarantee to us that your use of the Mesa Redonda website as well as your acceptance of Mesa Redonda invitations do not infringe any current law or regulation.
Without prejudice to its right to make a claim against you and/or to demand compensation for damages, Mesa Redonda reserves the right to withdraw your access to the Mesa Redonda Website, unilaterally and without prior notice, in the event of failure to comply with this Guest’s Charter.
This guest’s charter is subject to the PR law.
These T&Cs shall be governed by and construed in accordance with PR law and Mesa Redonda and you each agree to submit any dispute, including disputes relating to any non-contractual obligations, which may arise out of, under, or in connection with this agreement to the exclusive jurisdiction of the English courts.
Before undertaking legal action in the event of such a dispute, we would encourage you (although this is not compulsory) to contact our claims department in order to try to resolve the dispute amicably. Our claims service can be contacted:
– By email at the following address: hola@mesaredondapr.com,
Hosts Charter
THIS IS A LONG DOCUMENT CONTAINING IMPORTANT PROVISIONS RELATING TO YOUR RIGHTS AND OBLIGATIONS. BY USING THE SITE, YOU ARE AGREEING TO BE BOUND BY:
(i) THE HOST’S CHARTER, and
(ii) THE TERMS AND CONDITIONS PUBLISHED BY MESA REDONDA ON ITS WEBSITES AT WWW.MESAREDONDAPR.COM SUB-DOMAINS AND ON MESA REDONDA’S MOBILE APPS. THE CHARTER AND TERMS ARE COLLECTIVELY REFERRED TO AS THE MASTER AGREEMENT. WE WOULD ADVISE YOU TO PRINT A COPY OF THE MASTER AGREEMENT FOR YOUR RECORDS.
1. Binding power of this document and of the Master Agreement
Mesa Redonda provides an online platform that connects hosts, who want to offer food experiences, to list and book with guests seeking to book such food experiences (collectively, the “Experiences“), which services are accessible at www.puertoricococina.com and any other websites through which Mesa Redonda makes the services available (collectively, the “Site“, "Website") and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the “Application“).
By using the Mesa Redonda Website, you are agreeing to be bound by its terms and conditions which constitute a contract between yourself and Mesa Redonda (hereinafter referred to as the “Master Agreement”).
When you check the box at the end of this host’s charter to show your acceptance:
- You are agreeing to be bound by this charter which forms a contract between yourself and Mesa Redonda (hereinafter referred to as the (“Host’s Charter”) and;
- You are expressly renewing your acceptance to be bound by the Master Agreement.
We would advise you to read through the Master Agreement again.
The Master Agreement and the Host’s Charter form a contractual whole by which you are bound when you use the Mesa Redonda Website as a “Host” (as this term is defined in the Master Agreement).
In the event of contradiction between a stipulation in the Master Agreement and a stipulation in the Host’s Charter, the stipulation in the Host’s Charter shall prevail.
If you do not agree to be bound by the Host’s Charter, you are not allowed to use Mesa Redonda's Website as a Host.
2. Purpose of the Host’s Charter
The Host’s Charter aims to regulate your rights and obligations more specifically in the event that you should decide to use the “Contact Service” (as the term is defined in the Master Agreement) as a Host.
3. The Possession of a User Account
To become a Host, you must first create a “User Account” (as the term is defined in the Master Agreement) and complete it by providing, as a minimum, the following obligatory information:
- Your date of birth.
- Your gender.
- Your exact postal address.
- A profile photograph that represents you.
- Your nationality.
- The languages that you speak.
We would advise you to read the Master Agreement and the Terms and Conditions of Stripe for further information on this subject.
You are committed to providing a profile photograph that represents you to the exclusion of any other person and/or work. By uploading such a photograph, you guarantee to Mesa Redonda that this does not infringe any intellectual property rights belonging to a third party and that you expressly authorize Mesa Redonda to use your image, and that you grant it a license for use under the conditions set out in the Master Agreement.
You are committed to provide full, exact and honest information and to keep it permanently up-dated.
4. Definition of your Mesa Redonda Invitations
It is your responsibility as a Host to define your Mesa Redonda Invitations precisely (as the term is defined in the Master Agreement).
Your Mesa Redonda Invitation will be validated on the Mesa Redonda Website as soon as the following compulsory information, relating to said Mesa Redonda Invitation, has been supplied:
- The date and start and end times for the Mesa Redonda Invitation.
- The postal address of the chosen location.
- The format of the meal; the structure of the menu; the approximate length of the hosting period.
- One or several photographs of the types of dishes that you are likely to offer; a photograph of the location chosen for the Mesa Redonda Invitation.
- The likelihood of the presence of animals.
- The maximum number of Guests that you are offering to invite.
- The amount payable by each Guest, our commission will be added to this amount, tax included.
We would advise you to consult the Master Agreement for more detail on the calculation of our commission, the payment methods used, and the amount that you thus define.
Mesa Redonda carries out a minimal check on the coherence of the information supplied before validation and publication on the Mesa Redonda Website.
5. Your obligations as a Host
5.1. Principles of openness, respect, tolerance and non discrimination
The “Contact Service” (as the term is defined in the Master Agreement) is designed to facilitate your meeting with one or several people from different cultures over a meal that you have provided.
Via this service you will welcome one or several “Guests” (as the term is defined in the Master Agreement) to your home. By definition, these Guests are not like you and may have behavior which you may find shocking.
You agree to respect your Guests and their respective cultures and to treat them in a non-discriminatory manner.
5.2. Your obligation to offer hospitality
The most important part of being a Host is to be welcoming.
You agree to receive the Guests in premises which you are legally entitled to use, either as owner or as tenant.
You agree to ensure that the premises in which you will be receiving your Guests are sufficiently spacious to accommodate all of the Guests and that they present, at the very least, the minimum level of safety that is required by property available for rental.
In particular, you guarantee the physical security of your Guests in the premises.
5.3. The food experience that you offer
You agree to be as clear as possible, both about the content of your meals and, in particular, to describe them honestly and in great detail by precisely indicating all foodstuffs and drinks used, if so requested by the Guest.
You agree to respect any dietary restrictions about which your Guests have informed you.
You agree to provide your Guests with wholesome food and drink.
In particular, you guarantee the physical safety of your Guests in relation to the food and drink provided.
You agree to participate in the food experience that you offer.
5.4. Respect for your neighbors and other members of your team
You agree not to offer Mesa Redonda Invitations that would be contrary to any regulations governing your place or tenancy.
You agree to respect your neighbors and not to behave in such a way that may cause any nuisance, particularly noise, to be suffered by your neighbors due to a Mesa Redonda Invitation.
5.6. Respect for the contract which you are offering
The definition and publication on the Mesa Redonda Website of a Mesa RedondaInvitation constitutes a pre-contractual offer.
In the event that you should accept a User as a Guest, your pre-contractual offer shall become a contractual offer.
In the event of the acceptance of their contractual offer before the date of the Mesa Redonda Invitation offered (the “Term”), a contract shall be made between you and the Host (hereinafter referred to as the “Guest-Host Contract”). Failing acceptance of their contractual offer before the Term, this shall automatically become null and void.
This shall become null and void in the event that this Guest shall not have accepted your offer before the date of the proposed Mesa Redonda Invitation (the “Term”). In such cases you will not receive any payment or compensation.
If one or several Guests accept your offer of a Mesa Redonda Invitation, a contract will have been formed between you and the Guests who have accepted your offer of a Mesa Redonda Invitation before this Term (hereinafter referred to as the “Guest-Host Contract”). After expiry of this Term, no other Guest may accept your Mesa Redonda Invitation.
In any event, your Host’s offer will close early as soon as the number of Guests having accepted your Mesa Redonda Invitation shall be equal to your stated maximum.
The Guest-Host Contract is made between you and your Guests, to the exclusion of Mesa Redonda.
The terms and conditions of this Guest-Host Contract are constituted by the terms and conditions defined in your Mesa Redonda Invitation as well as, where applicable, the terms of any agreements that you may have made during direct exchanges with your Guests, whether these agreements were made via the Mesa Redonda Website or not.
You agree to respect the terms and conditions of this Guest-Host Contract.
In the event of any dispute between you and one or several of your Guests due to a failure by one of these parties to honor their contractual obligations, Mesa Redonda shall in no way be held responsible.
In the unlikely event that the responsibility of Mesa Redonda should be called into question by one or several of your Guests due to a failure by you to honor your obligations under the Guest-Host Contract, you agree to compensate Mesa Redonda for any damage that it may suffer as a result (damage to the company image, economic damage, etc.).
5.7. Respect for the regulations that apply to you
We advise you to make yourself familiar with the regulations, whether fiscal, administrative, or of any other nature, that may apply to you.
You agree, where applicable, to respect any regulations governing the premises where a Mesa Redonda Invitation takes place.
The abuse of alcohol is a danger to health. Licensed premises are subject to particular regulation and failure to comply is subject to criminal penalties.
You agree as a professional chefs to respect applicable regulations and tax for your activity.
You agree as a professional chef to respect tax and other specific regulations related to your regular commercial activity is subject to tax and other specific regulations.
In addition you agree:
- To welcome Guests solely where the experience will take place.
- Where applicable, to obey any tenancy regulations that govern the premises where the Mesa Redonda Invitation takes place.
- To not accept unexpected visitors during a Mesa Redonda Invitation.
- To respect hygiene and cleanliness regulations relating to the premises, food, and drinks offered during a Mesa Redonda Invitation.
5.8 Host's presence at the event
You as the host mentioned on the Mesa Redonda platform, should be present at the event. If you can't for any reason, you should notify the guests and give them the option to cancel the booking regardless of the cancellation policy.
5.9 Bypassing and payments that are not through the Mesa Redonda platform
You agree to not pass on any (part of the) Commission or turnover to users/guest or offer prospects of this, or of a discount or cash back.
6. Responsibility – Insurance
Under no circumstances shall we be held responsible in the event that you should fail to respect all or any of the above mentioned obligations. You agree to make any claim by your Guests, your own personal responsibility in the event that you should fail to respect your obligations and you guarantee us against any recourse from your Guests in this respect.
You guarantee to us that you have adequate public liability insurance to cover these risks and you agree to provide us with a complete copy within eight (8) days of any request on our part.
The Mesa Redonda platform serves as a trusted intermediary between Hosts and Guests and maintains itself through the service fee included in each Guests' booking. This also includes insurance that protects our Hosts and Guests during their Mesa Redonda experiences. In the case that a Host or Guest offers payment alternatives outside of the platform, Mesa Redonda is no longer able to extend its insurance to the Host or Guest and reserves the right to disable the Host's Mesa Redonda account.
7. Risks related to being a Host
You acknowledge and accept that the fact of being a Host brings with it certain risks and in particular, without this list being exhaustive, the risk that one of your Guests might break or damage your place or property; the risk that one of your Guests may be sick and infect you or the other Guests; the risk that one of your Guests may divulge and/or use personal information communicated to them by you, for purposes other than the Mesa Redonda Invitation alone.
Mesa Redonda shall not under any circumstances be held responsible for such damage.
8. Intellectual Property – rights to an image
You agree that no photograph that you choose to publish on theMesa Redonda Website should show any identifiable person other than yourself.
You agree not to publish any photographs on the Mesa Redonda Website that you have not personally taken yourself.
You guarantee to us that you are the owner of all intellectual property rights to content that you choose to publish and/or transfer via the Mesa Redonda Website and that this content is not “Illicit content” (as the term is defined in the Master Agreement).
You guarantee Mesa Redonda against any action by Guests or third parties caused by failure to respect this commitment.
We remind you that this content, known as “User Content“ (as the term is defined in the Master Agreement), is governed by the Master Agreement and we would advise you to reread the latter to become more familiar with the precise details of your rights and obligations in this respect.
9. Modification of the Host’s Charter
This Host’s Charter is a membership agreement that can only be unilaterally modified by and at the sole discretion of Mesa Redonda.
Mesa Redonda reserves the right to modify this Host’s Charter at any time. Any modification of this charter will come into effect when it is published on the Mesa Redonda Website and you will be notified immediately by email to the address that you have provided in your User Account.
By continuing to use the Mesa Redonda Website as a Host, you agree to be bound by the modified Host’s Charter.
If you do not accept the modifications that have been made, you may no longer use the Mesa Redonda Website as a Host and you are obliged to stop offering Mesa Redonda Invitations.
We would advise you to print a copy of each version of the Host’s Charter that would apply to you for your records. To ensure that you are fully informed, the date of implementation of each modified Host’s Charter is shown in the heading of the document.
10. Eligibility
You declare and guarantee to us that you are a person over 18 years of age and/or having the legal capacity to enter into a contract.
Use of the Mesa Redonda Website as a Host is considered to be null and void if it is done in violation of this charter.
BY USING THE Mesa Redonda WEBSITE AS A HOST, YOU DECLARE AND GUARANTEE TO US THAT YOUR USE OF THE Mesa Redonda WEBSITE AS WELL AS YOUR Mesa Redonda INVITATIONS DO NOT INFRINGE ANY CURRENT LAW OR REGULATION.
11. Exclusion – Withdrawal of access to the Mesa Redonda Website
Without prejudice to its right to make a claim against you and/or to demand compensation for damages, Mesa Redonda reserves the right to withdraw your access to the Mesa Redonda Website, unilaterally and without prior notice, in the event of failure to comply with this Host’s Charter.
12. GOVERNING LAW
THIS HOST’S CHARTER IS SUBJECT TO PR LAW.
13. COMPETENT JURISDICTION - CLAUSE CONFERRING JURISDICTION
These T&Cs shall be governed by and construed in accordance with PR law and Mesa Redonda and you each agree to submit any dispute, including disputes relating to any non-contractual obligations, which may arise out of, under, or in connection with this agreement to the exclusive jurisdiction of the PR courts.
14. Amicable resolution of disputes
Before undertaking legal action in the event of such a dispute, we would encourage you (although this is not compulsory) to contact our claims department in order to try to resolve the dispute amicably.
Our claims service can be contacted:
- By email at the following address: hola@mesaredondapr.com
15. Index of the definitions used in this Host’s Charter
The following terms used in both the singular and plural in this charter are defined in the Master Agreement.