General terms and conditions of use for participating users of DiscoEat
(Version of 8/7/2018)
1) General provisions, scope of application
- Nimo GmbH (hereinafter, the "Provider") is the operator of the online platform DiscoEat. With DiscoEat, users of DiscoEat (hereinafter, "Users") have the opportunity to visit participating restaurants, bistros, cafés, snack bars and other gastronomic establishments (hereinafter, "Partners") as well as to identify Discount promotions offered by them and then to make a seat reservation for a certain time on a certain day (hereinafter, a "Reservation") directly for themselves and/or other third parties specified in the Reservation (such third parties and Users shall hereinafter be jointly referred to as "Guests"), e.g. via the web interface of DiscoEat or the mobile app offered by the Provider.
- The Provider shall act exclusively as an intermediary for the Reservation between the User and the Partner. The Provider shall not be involved in any contracts concluded between the Guests and the Partner in connection with the Reservation (e.g. concerning food and drinks), so that no obligations, in particular no obligation to properly provide the services from such contracts to the Guests, shall arise from such contracts.
2) Reservation, registration, Account
- The Partners available for the User's Reservation request are displayed to the User in the DiscoEat user interface. Various search and sorting parameters are available to the User for a better overview of the Partners.
- The User can make a Reservation request via DiscoEat by entering the information requested in the booking menu, e.g. The User’s name, the date and time of the Reservation, the number of Guests and the User’s e-mail address. The Reservation times available for a Reservation request by the User are divided into 30-minute slots during the opening hours of the Partner (hereinafter "Slots"). The User may request a Reservation in accordance with the following provisions of this Section for a Slot that begins on the hour or half hour.
- The Reservation shall become effective as soon as it is confirmed by the Provider.
- To simplify future Reservation requests, the User may open a User account ("Account") via DiscoEat and store his or her contact details, among other things. The Provider may make the use of additional offers or functions of DiscoEat contingent on the User being the holder of an Account.
- Users shall be responsible for ensuring that the information stored in their Accounts is always up-to-date. The Provider shall not be obliged to check the information provided by Users or to contact the User in order to complete or change false, incomplete or invalid information.
- Users must keep the access data to their Account secret in order to avoid unauthorized access. Users may only have one Account for DiscoEat. Users have to inform DiscoEat immediately about any potential unauthorized use of their Account.
- Users are obliged to cancel Reservations that are not to be used as early as possible, though at the latest at the time indicated in the Reservation confirmation. Users can use the link in the Reservation confirmation or cancel the Reservation via their Account.
- Section 2.8 shall apply accordingly in the event only a few of the Guests are not to use the Reservation, provided, however, that the Reservation is not to be cancelled, but is to be changed by the User with respect to the number of Guests.
- The Partner shall be entitled, but not obliged, to make the reserved seats available to Guests arriving before their Reservation. This shall also apply in the event of a delay of more than 15 minutes.
- Registered Users may close their Account at any time without notice. Users can close the Account in particular via the corresponding menu in DiscoEat’s account management window.
- When visiting a Partner within the framework of a Reservation, Guests shall be entitled to a discount from the Partner on the price displayed by the Partner on its menu in accordance with the provisions of this Section (hereinafter, a "Discount").
- The Partner shall in principle grant the Discount on all dishes on its menu, regardless of whether they are starters, main courses or desserts. There shall be no entitlement to a Discount from the Partner with regard to (i) specials of the day or lunch menus (hereinafter, "Special Dishes"), which are usually, but not necessarily, offered on a separate menu, or (ii) beverages, unless they are an integral part of a dish or menu.
- The amount of the Discount (hereinafter, "Discount Rate") shall be displayed to User within the framework of their Reservation request via DiscoEat. The Discount rate shall depend on the Slot for which the Reservation request is to be made.
- For the determination of the Discount rate, the information in the Reservation confirmation of the Provider including the number of reserved seats and the Slot affected by the Reservation shall be decisive. This means that when Guests visit in connection with a Reservation for which a 30% Discount Rate is applicable, the Discount Rate shall apply for the entire visit, regardless of when the Guests actually show up or order.
- If the Guests arrive too early or too late and thus miss the Slot affected by the Reservation, the Partner shall be entitled, at variance with Section 3.4, to offer the Guests the Discount Rate valid for the Slot of their actual appearance at the Partner, which may be lower than the Discount Rate valid for the Slot of the Reservation. Guests may inquire at any time with the Partner about the Discount Rate valid at the time of the actual appearance of the Guests. The Partner's right not to offer the reserved seats to the Guests pursuant to Section 2.10 shall not be prejudiced hereby.
- The Vendor shall be entitled to issue vouchers (“Coupons”) online or in paper form for a specific period of time, which grant a discount on the order of beverages specifically indicated on the voucher. The validity period for the respective Coupon Campaign will be stated on the Coupon itself. The Coupon is marked with a Coupon-Code and is not personalized.
- The Coupons can only be redeemed by all participating partners of the Vendor via DiscoEat within a reservation pursuant to 2. of these Terms & Conditions. The Coupon can only be redeemed via an user account. If the User makes a reservation via his/her user account in accordance with 2. of these Terms & Conditions, he/she may enter the Coupon-Code in a designated field before sending the reservation request. If the reservation is confirmed by the Vendor, the amount of the Coupon discount will be automatically taken into account. The Partner will receive an information about the redemption of the Coupon in the amount shown. If the reservation request will not be confirmed, the Coupon will be considered as not redeemed and can be used for another reservation.
- The Vendor is entitled to offer selected Coupon Campaigns exclusively for new customers. In this case, the Vendor will add a corresponding note on the Coupon that the prerequisite for redeeming a Coupon is that the new customer registers as a new user at DiscoEat and does not have a user account at DiscoEat up to this time.
- Every Coupon can be used only one time, a minimum consumption does not exist. If the actual order of the User at a Partner is less than the value of the Coupon, the residual values expires. It is not possible to pay out the residual value or to use the Coupon again within a second reservation. The Coupon will not be paid out in cash.
- A Coupon cannot be combined with other Coupon Campaigns, vouchers or other discount campaign.
- For every Coupon Campaign a maximum of 500 Coupons will be made available by the Vendor. Per Partner, a maximum of 100 coupons can be redeemed per Coupon Campaign.
- The Vendor reserves the right to exclude Users from participating in a Coupon Campaign if there is a suspicion based on facts that the use of a Coupon is abusive or contrary to these Terms & Conditions.
- The Vendor shall not be liable for Coupons that cannot be redeemed or have been lost due to technical failure, system failures, network and/or server problems, hardware or software failures of any kind or the like, insofar as he is not responsible for it.
5) Valuations, use rights
- If Users give an evaluation about a Partner via DiscoEat in order to report on their experiences gained in the context of the Reservation, the Users shall be responsible for the content (in particular texts, pictures, evaluations, links) published or made available by them via DiscoEat. Accordingly, Users must ensure that they have all rights regarding the content provided by them for publication on DiscoEat and that no rights of third parties are infringed thereby.
- The Provider is entitled to use the content transmitted by Users (e.g. in their Accounts or as part of an evaluation) in multimedia, e.g. in other apps, on the Internet, in social media, in newsletters, advertisements, or in other electronic or printed publications, for advertising purposes for Partners and/or the Provider. Users may revoke this consent for the use of their evaluation at any time in whole or in part with effect for the future vis-à-vis the Provider.
6) Cessation, restriction and termination
- The Provider reserves the right to discontinue, change or replace DiscoEat with another platform observing a reasonable notice period or, in the event of good cause, even without observing such a notice period. In such a case, the Provider shall notify registered Users by e-mail at the e-mail address they have provided.
- A definitive exclusion of the User from participation in DiscoEat by termination from the Provider shall be possible at any time under observance of an appropriate notice period. The notice period shall usually be four weeks.
- Provided this is reasonable for the Provider, the Provider shall inform the User before implementing the measures described in Sections 5.2. to 5.4. and give the User the opportunity to comment.
- Upon the definitive exclusion of the User from participation in DiscoEat, all vouchers of the User not redeemed until then shall expire. A User definitively excluded from participating in DiscoEat shall not be allowed to use DiscoEat for a period of six months after the definitive exclusion.
- The Provider shall endeavour to keep DiscoEat and the functions and information provided therein permanently available. However, the Provider does not guarantee that DiscoEat or the functions provided with it will be available at a certain time or for a certain period.
- As a mere intermediary, the Provider is in principle not responsible for the fulfilment of the obligation to grant Discounts or other obligations of the Partner towards the Guests in connection with the Reservation. The Provider shall always endeavour to encourage its Partners to comply with their obligations and shall take appropriate measures to ensure this at its own discretion. In order to support the Provider in this, the User may contact the Provider in the event of a breach of the Partner's obligation to grant the Discounts to which the Guests are entitled and present the facts of the case.
- The Provider shall not be liable for damages, for whatever legal reason, in the case of simple negligence of its officers, legal representatives, employees or other vicarious agents.
- The above paragraph shall not apply to liability a) for intentional or grossly negligent breach of duty, b) in the event of the assumption of a no-fault guarantee, c) for injury to life, limb or health or d) under the Product Liability Act or e) for a breach of material contractual duties; “material contractual duties” shall mean all duties of the Provider the fulfilment of which makes the proper execution of the contract at all possible and in the compliance of which the User may regularly trust.
- If the Provider is liable for damage compensation on the merits, such liability shall be limited to damage which the Provider foresaw upon the closing of the contract as a potential consequence of a breach of contract or should have foreseen had the Provider exercised due diligence.
- The above exclusions and limitations of liability shall apply to the same extent to the officers, legal representatives, employees and other vicarious agents of the Provider.