Last updated: 7 October 2026
These terms and conditions apply to the use of MEMPLY: the apps for guests and for partners, the website memply.app and the partner portal. MEMPLY is operated by Mallorcation Events & Adventure, S.L., Calle Joaquim Verdaguer 4, 07600 Palma de Mallorca, Spain, NIF B57888497. Sections whose heading starts with “For partners” only apply to businesses that offer their services through MEMPLY.
These terms regulate the mediation of experiences through the MEMPLY platform.
They apply to guests who plan and book through MEMPLY; to everyone who publishes content, such as spots, photos, videos, comments, reviews or shared routes; and to partners, meaning businesses that offer their services through MEMPLY. Partners are business users within the meaning of Regulation (EU) 2019/1150 (P2B Regulation).
MEMPLY is an intermediary service and an online platform within the meaning of Regulation (EU) 2022/2065 on a Single Market For Digital Services (Digital Services Act, DSA).
MEMPLY brokers services from partners. The contract for the service itself, for example a tour, a rental or a restaurant visit, is concluded between you and the partner. The partner provides the service and is responsible for it.
With MEMPLY itself you conclude a contract for the use of the app and, for restaurants, bars, beauty salons, hairdressers and barbershops, for the guaranteed reservation, for which MEMPLY charges a service fee (see “Payments”).
Most offers can be booked instantly: the booking is confirmed as soon as you complete it in the app. If a partner only grants an offer on request, you will see this on the offer. You then first send a request, and the partner accepts or declines it within the period shown; the period is at most 72 hours and ends at the latest when the activity starts. The booking is only confirmed with the acceptance, and only then do you pay. If the partner does not reply in time, the request lapses and nothing is charged.
If you book through a partner’s own website or booking widget, you buy directly from the partner; MEMPLY only provides the technology.
There is no statutory right of withdrawal, because these are leisure services and rentals for a specific date or period (Art. 103(l) of the Spanish consumer protection act, Real Decreto Legislativo 1/2007). You can cancel under the rules in the section “Cancellation”.
Before you complete a booking you see the total price for your group. A MEMPLY service fee is shown separately.
Payment is processed by the payment service provider Stripe. For bookings in the MEMPLY app, the payment goes to MEMPLY, and MEMPLY passes the partner’s share on to the partner after deducting the commission. For bookings through a partner’s website or booking widget, you pay the partner directly.
If a partner requires a deposit, you only pay that part when booking, between 10 and 50 % of the total price. You pay the rest to the partner on site.
For rentals, the partner may require a security deposit. It is only reserved on your card, not charged, and released after the return. If damage occurs, the partner may collect up to the amount of the security deposit.
For a guaranteed reservation through the MEMPLY app at a restaurant, bar, beauty salon, hairdresser or barbershop you pay MEMPLY a service fee, currently €10.00 including VAT; you receive a simplified invoice for it. You pay for the service itself, such as the meal, the drinks or the treatment, at the venue. If a restaurant additionally requires a card guarantee or a deposit, you will see this before reserving.
You can cancel a booking in the app as long as you have not checked in and the booking is not considered missed. How much you get back depends on the partner’s cancellation rule, which you see on the offer before booking: depending on how long before the start you cancel, it refunds a set share. If the partner has not set a rule, you get the full amount back. Once the activity has started, there is no refund if a rule has been set. Before you cancel, the app shows you how much you will get back.
The refund is a share of what you have actually paid; if you paid a deposit, at most the deposit.
If the partner cancels an activity, for example because of the weather or because the minimum number of participants has not been reached, you get the full amount back, regardless of the partner’s cancellation rule. If there are other dates for the same offer, we suggest up to three of them. If you ask the partner to cancel a booking for you, the partner may refund you more than the rule provides.
You also cancel reservations with a service fee in the app. You get the service fee back if you cancel at least 24 hours before the reserved time or if the venue or MEMPLY cancels or declines the reservation. If you cancel later or do not show up, MEMPLY keeps it.
If you have not checked in by the end of the activity, the booking is considered missed; the partner can also record this. There is no refund in that case. A deposit you paid stays with the partner; the partner does not claim any outstanding balance.
If you are running late, let the partner know through the booking in the app. Whether the service can still be provided later is up to the partner.
For restaurants, the restaurant records that you did not show up. You can object to this record within 48 hours, and the restaurant can withdraw it within 48 hours. If a restaurant required a card guarantee or a deposit, it may keep it if you do not show up or if you cancel within the period shown beforehand.
After four such records within twelve months, you cannot make restaurant reservations through MEMPLY for twelve months. If a restaurant has set a lower limit, the block applies earlier when the record comes from that restaurant. Records from all restaurants are counted.
The partner is responsible for the service itself, its performance, safety and quality. MEMPLY is responsible for brokering and for operating the app.
Information on offers, such as descriptions, images, prices, dates and cancellation rules, comes from the partner. Texts may have been machine-translated; in case of doubt, the version in the language in which the partner created them prevails.
MEMPLY is liable without limitation for intent and gross negligence, for injury to life, body or health and to the extent that mandatory statutory provisions so provide. Otherwise, MEMPLY is not liable for defects or failures of the partner’s service.
Our single point of contact for guests, partners and all other users (Art. 12 DSA) and for the authorities of the Member States, the European Commission and the European Board for Digital Services (Art. 11 DSA):
You can choose whether to write to us or call us. Enquiries to the point of contact are answered by a person, not by an automated system.
This section describes how MEMPLY decides the order in which offers and content are shown (Art. 5 P2B Regulation; for consumers, Art. 20.3 of the Spanish consumer protection act, Real Decreto Legislativo 1/2007).
A better position cannot be bought on MEMPLY: neither payments to MEMPLY nor the level of commission, advertising or collaborations have any influence on the order. We also do not build profiles of your preferences to change the order: anyone who chooses the same filters sees the same order. There are three exceptions: in the restaurant search, distance counts if you share your location; in the day planner, we calculate with the resident price if you are confirmed as a resident, which can change the order by price; and in the “Spots” tab we hide posts by people you have blocked or who have blocked you.
Only active offers of partners whose business we have checked and approved are shown. In the partner portal, an offer can only be activated once it has a location, at least one mood, at least one photo and, except for rentals priced per hour or per day, at least one duration; in the categories car rental, transfer, yacht charter and party bus, additionally only once proof of a licence has been uploaded or our team has seen the licence and recorded this. The check takes place at the moment the offer is activated. What applies to entries that MEMPLY creates through its own accounts is set out in the section “For partners: rights to content, distribution channels and equal treatment”.
On MEMPLY you can publish content: spots with photos and videos, text or voice comments, reviews and routes that you share publicly. You can also write messages. The rights to your content remain with you. You grant us the non-exclusive, free-of-charge right to store and display it within MEMPLY for as long as it is published. You can delete your own spots and comments at any time.
Only people who booked the offer through MEMPLY and whose booking has been completed can leave a review; for restaurants, after the visit. One review is possible per booking. You need a display name to comment publicly; a comment may be at most 1,000 characters long.
The following is not allowed:
You can block other people. You then can no longer comment on each other’s posts, and you no longer see each other’s posts in the “Spots” tab. The blocked person is not notified.
How we moderate: reported content is reviewed by a person on our team. We do not use automated tools that detect, assess or remove content; only formal rules such as display name, length, image format, the maximum number of posts and comments per day and blocks are checked automatically. We review voice comments by listening to them; there is no automatic transcription.
If content breaks the law or these rules, we may hide or remove it. In the event of serious or repeated violations, we may restrict, suspend or terminate an account. We act in a diligent, objective and proportionate manner and take into account the rights of everyone involved, in particular freedom of expression (Art. 14(4) DSA). If there are indications of a criminal offence that threatens the life or safety of people, we inform the competent authorities (Art. 18 DSA).
Anyone can report content to us that they consider illegal, also without a MEMPLY account (Art. 16 DSA):
So that we can review a report quickly, it should contain:
If we know your contact details, a member of our team confirms receipt by email without undue delay and later informs you of our decision, together with the ways to challenge it. Both are done by hand, not by an automated system. We decide in a timely, diligent, non-arbitrary and objective manner; we do not use automated means for this. You can report content that is not illegal but breaches these terms through the same channels.
If we restrict content, an offer or an account because we consider it illegal or incompatible with these terms, a member of our team sends you a clear and specific statement of reasons by email no later than when the measure takes effect, provided we know your address (Art. 17 DSA). It contains:
For partners, the time limits in the section “For partners: restriction, suspension and termination” also apply.
If you disagree with a decision, for example about a report, content or an account, or if, as a partner, you are affected by a measure or a technical problem of MEMPLY, write to us free of charge at hello@memply.app. Tell us which decision or problem it is and why you think it is wrong. We will look at the matter again and inform you of the result with our reasons. If a decision turns out to be unfounded, we reverse it.
The operator is a micro or small enterprise within the meaning of Recommendation 2003/361/EC. The obligations regarding an internal complaint-handling system and out-of-court dispute settlement under Articles 20 and 21 DSA do not apply to micro and small enterprises (Art. 19 DSA), nor do the internal complaint-handling system under Art. 11 P2B Regulation (Art. 11(5)) and the identification of mediators under Art. 12(1) P2B Regulation (Art. 12(7)). The route described above is therefore a voluntary offer; we currently do not name any mediators.
Irrespective of this, you can bring a case before the competent courts at any time. You can also lodge a complaint about possible infringements of the DSA with the Digital Services Coordinator of the Member State in which you are located or established (Art. 53 DSA); in Spain this is the Comisión Nacional de los Mercados y la Competencia (CNMC).
We may hide or deactivate individual offers, restrict their bookability, temporarily stop showing your business or end the collaboration. We only do so for one of the following reasons (Art. 3(1)(c) P2B Regulation):
If we restrict or suspend individual offers, you will receive the statement of reasons by email no later than the moment the measure takes effect (Art. 4(1) P2B Regulation). If we end the collaboration as a whole, we will inform you with reasons by email at least 30 days in advance (Art. 4(2)). We only end it without this notice period, but with reasons given without undue delay, if a legal or regulatory obligation requires us to, if there is an imperative reason under national law or if you have repeatedly breached these terms (Art. 4(4)).
The statement of reasons refers to the specific facts and circumstances, including the content of third-party reports, and to the ground from the list above (Art. 4(5)). You can clarify the facts at any time via hello@memply.app. If we revoke a measure, we restore the previous situation without undue delay, including your access to your data (Art. 4(3)).
You yourself can end the collaboration at any time without notice by email to hello@memply.app (Art. 8(b) P2B Regulation). Bookings that guests have made up to then are contracts between you and the guest and remain in place.
The rights to the texts, images, videos, logos and menus you upload remain with you. For the duration of the collaboration you grant MEMPLY the non-exclusive, free-of-charge right to store this content, display it, adapt its size and format for display, translate it into other languages, including by machine, and distribute it through the channels listed below. You confirm that you hold the rights required for this (Art. 3(1)(e) P2B Regulation). When the collaboration ends, we remove your offers from the market; newsletters already sent and images created by creators as part of a collaboration you accepted cannot be recalled.
In addition to the app (market, day planner, routes), MEMPLY may promote your offers through these channels (Art. 3(1)(d) P2B Regulation):
MEMPLY does not restrict you from offering the same services through other channels, such as your own website, other platforms or on site, at different prices or on different terms (Art. 10 P2B Regulation).
You can offer your own extras with your offers. For restaurants, bars, beauty salons, hairdressers and barbershops, MEMPLY itself offers guests a guaranteed reservation for a service fee; we do not offer financial products or insurance (Art. 6 P2B Regulation).
Through accounts of its own, MEMPLY publishes entries itself, currently free entries on public places such as beaches and viewpoints as well as further offers created by MEMPLY. These entries appear in the same order as all other offers and are not displayed preferentially. There is one difference in how they are created (Art. 7 P2B Regulation): MEMPLY creates these entries directly, not through the partner portal. They have therefore not passed the check that takes place there when an offer is activated (location, duration, mood, photo), and not all of them meet these requirements. Which data MEMPLY holds as operator is set out in the section “For partners: access to data”.
MEMPLY has access to all data that you, your team and guests provide when using the service or that is generated in the process, such as details of your business, offers, time slots, bookings, payments, messages, reviews and app usage data. We use it to operate the platform, settle bookings, prevent abuse and improve MEMPLY; details are set out in the privacy policy (Art. 9(2)(a) P2B Regulation).
In the partner portal you have access to the details of your business, your offers and time slots, and the bookings for your offers with booking code, date, arrival time, number of guests, fare, price, status including check-in, booking channel, special requests and whether the guest is confirmed as a resident. For payouts, the portal shows the status of your payout account and the total of the amounts already paid out; it does not show individual payouts. The partner portal shows reviews only in the reservation book for restaurants (Art. 9(2)(b)).
For bookings made in the MEMPLY app you see the display name of the guest, not their email address or phone number. The message history with the guest is available on the booking in the MEMPLY partner app, not in the partner portal; in the partner app you also record at check-in how many people actually came. For bookings made on your own booking page or your booking widget you also receive the contact details of the guest, because you sell directly there. If you keep your reservation book on MEMPLY, you see all reservations recorded in it, guest profiles, reviews and reports for your restaurant, and you can download the guest list, reservations and reports as a CSV file. Through the partner API, for which you create a key in the partner portal, you can retrieve your offers and the 200 most recent bookings, without contact details of the guests.
You do not get access to data of other partners or to aggregated data about all partners and guests, such as search queries, view counts or market comparisons (Art. 9(2)(c)).
We only pass data on to third parties to the extent necessary for operation, for example to Stripe for payments and payouts, to Resend for sending emails, to Hetzner for hosting and to Anthropic for the machine translation of offer and restaurant texts; the full list is in the privacy policy. Data is not passed on where this is not necessary for operation (Art. 9(2)(d)).
When the collaboration ends, your access to the partner portal ends. We keep booking and billing data for as long as statutory retention obligations require; you no longer have technical access to it from then on. Outside the reservation book there is currently no function to export bookings as a file; if you request it at hello@memply.app before the collaboration ends, you will receive a list of your bookings (Art. 8(c) P2B Regulation).
We inform all users of significant changes to these terms in good time before they take effect (Art. 14(2) DSA).
For partners, the following also applies: we notify you of planned changes by email at least 15 days before they take effect; if they require significant technical or commercial adjustments, you get correspondingly more time (Art. 3(2) P2B Regulation). Until then you can end the collaboration. You can waive the notice period expressly in writing or by submitting new offers during the notice period; this does not apply if the notice period is longer than 15 days because significant technical adjustments are required.
We only make changes without this notice period if a legal or regulatory obligation requires it or if we have to protect guests, partners or the platform against an unforeseen and imminent danger from fraud, malware, spam, data breaches or other cybersecurity risks (Art. 3(4)). We do not change these terms retroactively unless a legal obligation requires it or the change is beneficial to you (Art. 8(a)).
Spanish law applies. If you are a consumer, you keep the protection of the mandatory provisions of the country in which you have your habitual residence (Art. 6 Regulation (EC) No 593/2008, Rome I).
These terms are available in German, Spanish and English. In case of discrepancies, the German version prevails.