Masaya Asia Limited Terms of Service

1. Introduction and Acceptance of Terms

Welcome to Masaya Asia Limited ("Masaya," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website, applications, and all related services (collectively, the "Services").

By accessing or using our Services, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree with any part of these Terms, you must not use our Services.

2. Our Role as an Intermediary

Masaya Asia Limited operates as an online travel agency. We act as an intermediary or agent for third-party travel suppliers, such as airlines, hotels, tour operators, and other service providers (collectively, "Suppliers").

When you make a booking through our Services, you are entering into a direct contract with the relevant Supplier, not with Masaya Asia Limited. The Supplier's own terms and conditions will apply to your booking, in addition to these Terms. We are not a party to that contractual relationship and are not responsible for the provision of the travel services.

3. User Accounts and Responsibilities

To use our Services, you must be at least 18 years old and have the legal capacity to enter into binding contracts. When using our Services, you agree to:

• Provide true, accurate, current, and complete information during the booking process.
• Safeguard your account information, including your password, and be fully responsible for all use of your account.
• Notify us immediately of any unauthorized use of your account.
• Comply with all applicable laws and regulations, both in your home jurisdiction and in your travel destination.
• Not use our Services for any speculative, false, fraudulent, or commercial purposes.

4. Bookings, Payments, and Pricing

Bookings: All bookings are subject to availability at the time of confirmation. A booking is considered confirmed only when you receive a confirmation email with a valid booking reference. You are responsible for reviewing all confirmation details and notifying us immediately of any discrepancies.

Pricing: Prices displayed on our Services are dynamic and subject to change until a booking is confirmed. Prices do not include baggage fees, resort fees, visa fees, or other charges unless explicitly stated.

Payment:

• Payments must be made in full at the time of booking unless a different payment plan is specified.
• We accept various payment methods as indicated on our website.
• Prices may be displayed in various currencies for your convenience. The final charge will be processed in a base currency (e.g., Hong Kong Dollars (HKD) or United States Dollars (USD)) as specified during the checkout process. Your bank or card issuer may apply currency conversion rates and fees.
• Masaya Points have no cash value and cannot be withdrawn, transferred, or exchanged for cash. They may be redeemed only for eligible real-world hotels, tours, dining, and transportation fulfilled outside the app. Masaya Points do not unlock digital content or app features.

5. Cancellation, Refunds, and Modifications

Cancellation policies are set entirely by the Suppliers (e.g., hotels, airlines) and vary by product.

• Cancellation by You: The specific cancellation policy for your booking will be displayed during the booking process and in your confirmation. You are responsible for reading and understanding this policy. Some bookings may be non-refundable. Cancellation requests must be made through our platform. Fees from both the Supplier and Masaya may apply.
• Cancellation by Supplier: In the event a Supplier cancels your booking, your rights and remedies will be governed by the Supplier's terms. We will provide reasonable assistance in contacting the Supplier, but we are not responsible for providing re-bookings or refunds.
• Refunds: Refunds, if any, are processed according to the Supplier's policy and timeline. We will facilitate the refund request, but the final amount and approval rest with the Supplier. Any service fees charged by Masaya Asia Limited are generally non-refundable.

6. Data Privacy and Data Lifecycle Management

Masaya Asia Limited is committed to protecting your personal information. Our collection, use, processing, and disclosure of your personal data are governed by our Privacy Policy, which provides full details on our data handling practices.

We comply with the Personal Data (Privacy) Ordinance (PDPO) (Cap. 486) of the laws of Hong Kong and are guided by global data protection standards. We implement the following principles for the entire data lifecycle:

• Capture and Use: We only collect personal data that is necessary to provide our Services, process your bookings, and fulfill our legal obligations. Data is used only for the purposes for which it was collected (purpose limitation).
• Storage and Security: We implement robust technical and organizational measures (including encryption, access controls, and secure servers) to store your data and protect it against unauthorized access, loss, or disclosure.
• Retention: We retain your personal data only for as long as is necessary to fulfill the purposes for which it was collected, including for the purposes of satisfying any legal, accounting, or reporting requirements.
• Archiving and Disposal: When your data is no longer needed, it is either securely archived in accordance with our retention policies or permanently and securely deleted or anonymized.

7. Intellectual Property

All content on our Services, including text, graphics, logos, trademarks, and software, is the property of Masaya Asia Limited or its licensors and is protected by Hong Kong and international copyright and trademark laws. You may not copy, reproduce, modify, or distribute any content from our Services without our prior written permission.

8. Limitation of Liability

To the fullest extent permitted by law, Masaya Asia Limited, its officers, directors, and employees shall not be liable for:

• Any acts, errors, omissions, representations, warranties, breaches, or negligence of any Suppliers.
• Any personal injury, death, property damage, or other direct, indirect, incidental, special, or consequential damages arising from your booking or use of the Supplier's services.
• Any damages, losses, or delays arising from your use of our Services, or any inability to access our Services.
• Any viruses, bugs, or other harmful code obtained by accessing our Services.

If Masaya Asia Limited is found liable for any loss or damage, our total liability shall, in no event, exceed the total service fees you paid to us for the specific booking in question.

9. Third-Party Links

Our Services may contain links to websites operated by parties other than Masaya Asia Limited. These links are provided for your reference only. We do not control these websites and are not responsible for their content or privacy practices.

10. Modifications to Terms

Masaya Asia Limited reserves the right to modify these Terms at any time, at our sole discretion. We will post the revised Terms on our website, and the changes will be effective immediately upon posting. Your continued use of our Services after any modifications indicates your acceptance of the revised Terms.

11. Governing Law and Jurisdiction

These Terms and your use of our Services shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region (HKSAR).

You irrevocably agree that the courts of Hong Kong shall have exclusive jurisdiction to resolve any dispute or claim that arises out of or in connection with these Terms or our Services.

12. Contact Us

If you have any questions or concerns about these Terms or our services, please contact us at:

Masaya Asia Limited (for Masaya Trip)

Phone: +6281125024666

Email: customerservice@masayatrip.com

Address: Unit 1603, The L. Plaza, 367-375 Queen's Road Central, Sheung Wan, Hong Kong.