General Terms and Conditions for Use of Quandoo Services by Consumers and Other Private Users (Status: 18.11.2016)
- SCOPE OF VALIDITY
1.2 Any differing, complementary or contradictory terms and conditions issued by the user are not valid, even if Quandoo carries out services without reservation in the knowledge of these terms without contesting them.
2.1 The user must be fully legally competent, or act with the consent of their legal representative.
2.2 The contract is personally restricted to the user and is non-transferable. Irrespective of the fulfillment of legal duties of information, Quandoo will not save contractual provisions for the user.
2.3 Unless otherwise agreed, Quandoo may change or cease services at any time. It may be necessary for the user to set up a Quandoo account in order to use certain products.
2.4 To register, the user requires a valid email address as well as a password. The user is obliged to protect their access information from unauthorized access and to prevent access to their account by third parties. Each natural or legal person or association of individuals may only operate one user account. The user is obliged to make true and complete entries when registering, and to update these during the contract period. The user agrees that Quandoo will communicate with them by use of their user account and/ or the provided email address.
2.5 Unless otherwise agreed, the contractual agreement, including the user account, can be terminated by either side with a notice period of 4 weeks. Each party’s legal right to terminate without notice for an important reason remains unaffected.
- User Obligations, Prohibited Conduct, Explanations of User Content
3.2 Unless otherwise agreed with Quandoo, the use of Quandoo services is only permitted for private, non-commercial purposes.
3.3 When using Quandoo services, the following is prohibited:
3.3.1 The use of robots, spiders, scrapers or any other automated means of access to the website for any purpose,
3.3.2 taking measures that would put unreasonable or disproportionate pressure on Quandoo’s technical infrastructure;
3.3.3 implementing operations to monitor or copy the content within Quandoo services;
3.3.4 employing a device, software or programming that impairs or attempts to impair the functioning of Quandoo services;
3.3.5 advertising within Quandoo services, for your own or for another’s purposes, without express written permission from Quandoo in advance – including advertising competitions or discounts, and inviting persons to take part in competitions;
3.3.6 copying, editing or manipulating vouchers without permission. Quandoo reserves the right to forward relevant information to the partner and initiate legal proceedings in the case of reasonable suspicion.
3.3.7 impersonating another person within Quandoo services, e.g. a representative of Quandoo or a person responsible for the service in some way, or implying a relationship to some such person that does not exist;
3.3.8 otherwise providing incorrect or false information to Quandoo or third parties, including fake email addresses;
3.3.9 saving, publishing and/or distributing content you do not have the rights to;
3.3.10 harassing, insulting, threatening, defaming, causing unreasonable inconvenience in any way to, or claiming or spreading untrue claims regarding anyone – be it a natural or legal person or a company.
3.3.11 collecting, saving or distributing personal information about other users, if permission has not been expressly given by the affected parties and Quandoo;
3.3.12 offering legal advice, or publishing content that could be understood as legal advice.
3.4 The user hereby transfers to Quandoo the non-exclusive, transferable and sub-licensable, royalty-free, worldwide and temporally unlimited (i.e. the rights extend beyond the duration of the contract) right to use, reproduce and make publicly available – also in edited or translated form – all information provided by the user (e.g. texts, images, images of persons) for the purposes of carrying out the contract and/or for Quandoo services, without requiring consent from third parties or payment to third parties. This right of use applies to Quandoo´s own channels (= Quandoo domains, Quandoo app) as well as to Quandoo cooperation partners (= third-part-providers, that are linking to or marketing the Quandoo-channels); together = Quandoo network”.
3.5 The user guarantees that the information they provided (e.g. in reviews) and their use of Quandoo in accordance with their contract, do not violate any third party rights (e.g. copyright, brand or personal rights), and that Quandoo may use these – without the need for consent from third parties or payment to third parties – within the realms outlined above. Furthermore, the user guarantees their possession of permission for all persons in any photos (privacy rights), as well as the right to use photos or other copyright-protected works without needing to name the photographer or copyright holder.
3.6 The user holds harmless Quandoo (including their employees, staff, representatives, shareholders and other vicarious agents) from any third party claims and shall compensate Quandoo or any other named persons for damages or necessary expenses arising from claims caused by the user’s breach of their contractual guarantees or duties. This also includes reasonable lawyer and court fees.
4.1 In certain cases, Quandoo services allow the user to submit a review about a restaurant listed on Quandoo (e.g. after a reservation made through the reservation function or after redeeming a Quandoo voucher).
4.3 The following is not permitted:
4.3.1 reviews containing defamatory, offensive, false, non-factual, racist entries or language unsuitable for young people;
4.3.2 submitting multiple reviews: Each user can only submit one review per restaurant visit;
4.3.3 Own reviews: Restaurants listed in Quandoo services may not submit reviews or have others submit reviews for their own business, either via the owner, staff or any other method;
4.3.4 reviews submitted by third parties in exchange for compensation, service in return or any other undertaking, regardless of whether the review is positive or negative;
4.3.5 comparative reviews i.e. reviews that reference or draw attention to another restaurant;
4.3.6 reviews that could violate third party rights if published (e.g. personal rights, privacy, copyright or trademark law).
4.4 Quandoo may check and monitor reviews and other user content (i) at its own discretion before publishing, (ii) after publishing based on complaints from partners or third parties. Quandoo has the right – but is not obliged – to publish reviews submitted by users. Quandoo reserves the right to refuse to publish, or to delete after publishing, certain reviews or parts of reviews that violate these terms and conditions.
4.6 Without prejudice to other rights, Quandoo reserves the right to deactivate the review function and/or other Quandoo services for a user if the user violates the relevant terms of these conditions of use or fails to uphold any applicable law several times when submitting reviews, despite being warned.
- Reservations, Reservation Functions
5.1 The user can make online or telephone reservations via the Quandoo reservation network (e.g. Quandoo services, Quandoo Portal, Quandoo Mobile App, Quandoo Affiliates Network etc.) at restaurants that take part in the Quandoo reservation system (hereinafter: ‘partner’). The reservation is agreed exclusively between the partner and the user under mediation by Quandoo, whereby Quandoo does not act as a representative, but only as a messenger. For restaurants listed in Quandoo services but that are not partners in the Quandoo reservation system (hereinafter: ‘listing restaurant’), the user can contact the listing restaurant and make an informal reservation (e.g. by telephone, email or contact form using the contact information provided in the listing) directly i.e. not via the Quandoo reservation system and without the mediation or involvement of Quandoo.
5.2 The Quandoo reservation function is a Quandoo service provided free of charge to the user. Part of the reservation function is an automatic check of the partner’s expected available capacity at the time of the desired reservation. This expected available capacity is calculated at the time of the user’s request, and is based on saved settings, existing reservations and other partner settings. The partner is exclusively responsible for maintaining and keeping their settings up to date. Outside the technical functioning of the Quandoo reservation service, Quandoo accepts no risk for availability or the success of reservations with the partner chosen by the user.
5.3 Quandoo will inform the user via email as to the status of their reservation request, and any changes. If the reservation is made more than 7 days in advance, Quandoo will send the user a reminder 48 hours before the reservation via email. An invitation to review the partner will be sent via email within 7 days after the reservation.
5.4 Some partners require that users provide credit card information for security purposes, and/or agree to the partner’s cancellation terms. Any agreements regarding this matter are exclusively between the partner and the user. Quandoo is not a party, only a messenger.
5.5 If unable to honour a reservation, the user has to cancel as soon as possible – 60 minutes before the reservation at the latest, unless otherwise agreed with the partner as part of their cancellation terms. To cancel, the user can either use the link in their email confirmation, use the Reservations section of their user account, or contact the partner directly. The relevant contact information can be found in the email confirmation, for example. Other rights notwithstanding, Quandoo reserves the right to deactivate the reservation function and/or other Quandoo services for the user if the user does not honour several reservations without canceling them (“no show”), if Quandoo has already informed the user hereof to no effect. The partner’s rights relating to reservations or no shows remain unaffected.
- Voucher Purchase
Subject of Contract
6.1 Within Quandoo services, Quandoo may offer users the chance to purchase vouchers for services and/or non-cash benefits (hereinafter: ‘partner services’) from restaurants and/or other businesses on Quandoo’s own account and in Quandoo’s own name. The subject of voucher sales is the sale of the right to be provided the service outlined on the voucher by the restaurant that offered the voucher service. The partner – not Quandoo – is the exclusive voucher publisher and the user’s contractual partner for the service outlined in the voucher. Quandoo’s duty within the framework of the voucher sale is, therefore, limited to making available the claim against the partner for the provision of the service outlined on the voucher in accordance with the voucher conditions outlined on the voucher and, if applicable, with the partner’s general terms and conditions of use. Quandoo reserves the right to establish and/or change individual conditions such as the purchasing period and the number of vouchers offered for sale. Notes concerning the legal right of withdrawal for consumers can be found in the withdrawal section, and in the withdrawal form (see at the end of this document).
6.2 The specified partner is the sole publisher of the voucher and the user’s contractual partner for the partner service outlined on the voucher. The partner provides this service based on a contract with the user arising from the user redeeming the voucher. The contract may be subject to the partner’s general terms and conditions, if applicable. The voucher sale contract between Quandoo and the user is a purchase of rights relating to the user’s option right to be provided a partner service based on a contract between the user and the partner. Quandoo is therefore not responsible for providing the partner service.
6.3 The vouchers sold by Quandoo refer to, for example, a concrete service (partner’s product and/or service), based on the conditions defined in the voucher description (hereinafter: ‘voucher conditions’). The voucher conditions may outline, for example, in which time period the voucher can be redeemed via the partner (hereinafter: ‘validity period’) and whether there are conditions or limitations (e.g. limited capacity during different possible redemption times within the validity period). Quandoo is to recommend to the user the time of the service, insofar as necessary according to the voucher conditions, as individually agreed with the partner. The voucher conditions are available in the voucher ordering dialogue, and are part of the voucher purchase contract.
6.4 The voucher purchase contract is subject to the user’s successful payment of the voucher price to Quandoo, and Quandoo’s acceptance of the purchase order via the online ordering dialogue provided for this purpose. Quandoo may also show their acceptance implicitly, e.g by sending the voucher to the user via email or making it available in the user’s user account.
6.5 If the voucher cannot be provided within the purchase period due to unforeseen reasons, Quandoo shall not accept the user’s purchase so that there is no voucher purchase contract. The affected user will be informed via email. Any payment already provided by the affected user will be refunded by Quandoo immediately.
6.6 Quandoo’s voucher offers are aimed at consumers for private use only. The user is not permitted to use vouchers for commercial or professional purposes, especially commercial trade or other commercial or professional use of vouchers (e.g. for competitions, raffles, auctions or otherwise free distribution for marketing purposes), unless otherwise agreed in a written agreement between Quandoo and the user. Besides, vouchers are transferable.
Conditions of Guarantee
6.7 With the voucher sale, Quandoo guarantees to provide the user with the claim to be provided the service by the partner, as outlined on the voucher, subject to the voucher conditions and, if applicable, to the partner’s general terms and conditions. This guarantee includes the continued survival of rights for the provided claim, and the claim’s freedom from third party rights and obligations at the time of the voucher sale. (guarantee of the survival of rights)
6.8 The provision of the service outlined on the voucher is solely owed by the partner. Quandoo assumes no guarantee for the proper redemption of the voucher by the partner, nor for the partner’s services. This exclusion includes the partner’s creditworthiness and ability to perform. (no guarantee of redemption)
6.9 As the user’s contractual partner, the partner is solely responsible for the proper provision of service. Quandoo assumes no guarantee for the partner’s proper provision of service. This especially applies for the quality of the service outlined on the voucher, including external circumstances e.g. relating to the service, atmosphere and the upholding of appointments. (no guarantee for defects of performance)
Conditions for Redeeming and Returning
6.10 The purchased and paid voucher is sent to the user’s email address and can be viewed in the user’s user account.
6.11 To redeem the voucher, a print-out must be presented to the partner. If agreed (e.g. for certain voucher offers), the voucher can also be presented and redeemed via the user account or the Quandoo smart-phone application. All vouchers have 2 unique voucher codes that the partner compares in order to redeem the voucher.
6.12 The purchased voucher must be redeemed at the partner’s business within the validity period stated on the voucher. Any unused expired vouchers cannot be exchanged; there is no entitlement to a reimbursement of the voucher purchase price.
6.13 Unless otherwise agreed, the service outlined on the voucher may only be received once by the user from the partner. If the voucher owner does not make use of the partner service/ the voucher value in full, there is no entitlement to a refund, credit or any other compensation of residual value.
6.14 If you have any questions concerning Quandoo voucher sales or voucher conditions, or if you have any complaints or comments, our service team will be happy to hear from you. You can contact us via telephone: 1800 767 870, or email: email@example.com.
- Loyalty Point Programme
7.1 Quandoo operates a loyalty point programme, whereby loyalty points can be collected via certain activities and be redeemed depending on certain conditions into prizes (e.g. vouchers). Each registered user has the chance to take part in this Quandoo loyalty point programme, in accordance with (i) these terms and conditions and (ii) the specific conditions for collecting and redeeming loyalty points for certain activities (e.g. making a reservation via the Quandoo reservation network, buying a voucher, submitting a review, recommending us to a new user).
7.3 In this way, Quandoo may require that a user must reach a certain points threshold (e.g. 1000) or status, or fulfill a certain condition (e.g. successfully uphold a reservation) before being permitted to redeem their points for prizes.
7.4 If loyalty points are awarded for a reservation, these points may only be acquired if the user (i) made the reservation through the Quandoo network and (ii) successfully executes the reservation. If the user does not show up for his reservation, cancels the reservation or does not execute the reservation for any other reason, the loyalty points will not be awarded.
7.5 If loyalty points are awarded for the purchase of a voucher, these points may only be acquired if the user (i) purchases the voucher via the Quandoo website or mobile app and (ii) pays for the voucher. If the user exercises his legal right of withdrawal, or the voucher has no validity because of any other reason not involving Quandoo’s fault, the loyalty points will not be awarded.
7.6 Users can view their current loyalty points status in their user account on the website. Quandoo can also inform users via the email newsletter. If the user redeems collected loyalty points, Quandoo will send the user an email with the details (e.g. time of prize). If a transfer of the prize is necessary as a result of redeeming loyalty points (e.g. sending a voucher), this shall be carried out by email or post. If the prize is a restaurant voucher, the voucher conditions of these general terms and conditions shall apply as appropriate.
7.7 Collected loyalty points may only be redeemed via Quandoo for prizes offered by Quandoo for this purpose (e.g. Quandoo restaurant vouchers). There is no other exchange or cash alternative. Loyalty points are bound to one user and cannot be sold or otherwise transferred to third parties without permission from Quandoo.
7.8 Any collected loyalty points shall expire if not redeemed within 36 months. This expiration depends on the date of receipt, i.e. loyalty points received earlier shall expire earlier (first in, first out). Points will also expire if a user account is terminated (section 2.5), deactivated (sections 4.6 and 5.5) or if the contract between Quandoo and the user is ended effectively in any other way.
7.9 Quandoo has the right to discontinue the loyalty points programme. After discontinuation, users may not collect any new loyalty points. Any already collected loyalty points shall remain valid for 12 months, if not expiring earlier due to No. 7.8.
7.10 The user is solely responsible for any possible and/or existing tax obligations arising from the user’s participation in the loyalty points programme.
- Quandoo Liability, No Liability for Information
8.1 Quandoo will only accept liability for user damages arising from the following within the realms of the contract: (i) intent or gross negligence by Quandoo or Quandoo’s legal representatives or vicarious agents, (2) injury to life, body or health caused by breach of duty by Quandoo or Quandoo’s legal representatives or vicarious agents, (3) fraudulent misrepresentation or assumption of a guarantee, in the case of liability according to the Product Liability Act, and (4) a breach of duty that would prevent the contract from being properly fulfilled, and on whose fulfillment the user regularly relies and may rely (cardinal obligation).
8.2 Quandoo’s liability in cases (1), (2) and (3) above is unlimited. Besides, any claims for damages are limited to contract-typical, foreseeable damages.
8.3 In other cases than the ones mentioned in paragraph 1, and without prejudice to the following paragraph, Quandoo’s liability is excluded – regardless of the legal grounds.
8.4 The above liability limitations apply to all Quandoo institutions, employees and vicarious agents. This does not alter the legal burden of proof.
8.5 Unless otherwise agreed with the user, Quandoo does not guarantee that the information concerning restaurants listed in Quandoo services, or other businesses, is correct or up to date (e.g. addresses and other contact information, prices and facilities/services, opening times, review content, links and content on any linked sites).
- Availability/Service Level
The yearly service availability is 97%, with the exception of reasonable, customary maintenance work, to be announced in advance, as well as force majeure or any other circumstances not arising from Quandoo’s fault. Availability is the ratio of actual time (AT) to target time (TT): Availability(%)=(AT/TT) *100 Actual time (AT) is the time period where the service is actually available on the data centre’s router output.
- Applicable Law, No Additional Agreements, Place of Fulfillment, Place of Jurisdiction
- The laws of New South Wales shall apply, excluding the UN Sales Convention. There are no verbal or written ancillary agreements.