General Terms and Conditions for Use of Quandoo Services by Consumers and Other Private Users (Status: 07.09.2017)
1. SCOPE OF VALIDITY
1.1. These General Terms and Conditions for the Use of Quandoo Services by Consumers and Other Private Users (the “GTC”) govern the use of services (hereinafter: ‘Services’) offered by Quandoo UK Ltd., a wholly-owned subsidiary of Quandoo GmbH, (“Quandoo”) over the Internet, through mobile devices, telephone or other tele media/telecommunications to consumers or other private users (hereinafter: the “User” or “You”). Agreeing to the GTC explicitly or by using the Services creates a legal contract (the “Contract”) between You and Quandoo.
1.2. Any deviating, complementary or contradictory terms and conditions issued by the User do not apply, even if Quandoo carries out the 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 only applies to the individual User and is non-transferable. Notwithstanding the statutory rules of information requirement, Quandoo will not file the User’s data for the User’s use.
2.3. Unless otherwise agreed, Quandoo may change or cease the provisions of the Services at any time at its own discretion. It may be necessary for the User to set up a Quandoo account and register with Quandoo in order to use certain products.
2.4. The User must provide a valid e-mail address and password upon registration. The User must protect his/her log-in credentials from unauthorized access and 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 must provide true and complete information upon registration and must keep the information updated for the entire term of the Contract. The User acknowledges that Quandoo will communicate with him/her through the User account and/ or the provided e-mail address.
2.5. Unless otherwise agreed, the Contract, including the User account, may be cancelled by either side with a notice period of 4 weeks without giving reason. Either Party’s right to cancel the Contract with immediate effect for good cause remains unaffected.
2.6. Quandoo reserves the right to modify these GTC at any time, (i) if the User grants either express or implied agreement, or (ii) consent is considered granted according to the following requirements. Intended changes to the GTC must be provided in writing to the User at least six weeks before there are intended to apply. If the User does not contest the changes in writing within six weeks after receiving the aforementioned notice, consent will be deemed granted, and the changes will become effective. The User will be notified of this process when being informed of the change.
3. User Obligations, Prohibited Conduct, Explanations of User Content
3.1. The User must use the Services only in a manner that does not violate these GTC or any applicable law and that does not infringe upon third party rights.
3.2. Unless otherwise agreed with Quandoo, the use of the Services is only permitted for private, non-commercial purposes.
3.3. When using the Services, it is prohibited:
3.3.1. to use robots, spiders, scrapers or any other automated means of access to the website for any purpose;
3.3.2. to take measures that would put unreasonable or disproportionate pressure on Quandoo’s technical infrastructure;
3.3.3. to implement operations to monitor or copy the content of the Services;
3.3.4. to employ devices, software or programming that impairs or attempts to impair the functioning of the Services;
3.3.5. to advertise within the Services, for Your own or for a third party’s benefit, without prior express written permission from Quandoo– including, without being limited hereto, advertising competitions or discounts, and inviting persons to take part in competitions;
3.3.6. to copy, edit or manipulate Smart Offers without permission. Quandoo reserves the right to forward relevant information to the partner and initiate legal proceedings if reasonable suspicions arise;
3.3.7. to impersonate any third person within the 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. to otherwise provide incorrect or false information to Quandoo or third parties, including fake e-mail addresses;
3.3.9. to save, publish and/or distribute content You do not have the rights in;
3.3.10. to harass, insult, threaten, defame, cause unreasonable inconvenience in any way to, or claiming or spreading untrue claims regarding anyone including individuals, legal entities or companies.
3.3.11. to collect, save or distribute personal information and data about other users, if permission has not been expressly given by the affected parties and Quandoo;
3.3.12. to offering legal advice, or publishing content that could be understood as legal advice.
3.4. The User hereby grants Quandoo the non-exclusive, transferable and sub-licensable, royalty-free, worldwide and timely unlimited (i.e. the rights extend beyond the term 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 fulfilling the Contract and/or for the 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 which are linking to or marketing the Quandoo-channels), jointly the “Quandoo network”.
3.5. The User warrants that any information provided (e.g. in reviews) and their use of the Services in accordance with these GTC, does not violate any third party rights (e.g. copyright, brand or personal rights), and that Quandoo may use such information without the need for consent from third parties or payment to third parties as specified above. Furthermore, the User warrants that he/she may grant permission of use 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’s 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 warranties or duties. This also includes reasonable lawyer and court fees.
4.1. In certain cases, the 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 Smart Offer).
4.2. The review may be positive, neutral or negative, based on the User’s individual decision and experience and will not be edited by Quandoo. The review must not violate the relevant rules outlined in these GTC or any applicable law.
4.3. It is not permitted:
4.3.1. for reviews to contain defamatory, offensive, false, non-factual, racist entries or language unsuitable for young people;
4.3.2. to submit multiple reviews; e.g. each User may only submit one review per restaurant visit;
4.3.3. to submit reviews about an owned restaurant; e.g. restaurants listed in the Services may not submit reviews or have others submit reviews for their own business, either via the owner, staff, requested third parties or any other method;
4.3.4. that reviews are submitted by third parties in exchange for compensation, services in return or any other undertaking, regardless of whether the review is positive or negative;
4.3.5. to submit comparative reviews, i.e. reviews that reference or draw attention to another restaurant;
4.3.6. to submit reviews that could violate third party rights if published (e.g. personal rights, privacy, copyrights or any other IP rights).
4.4. Quandoo may check and monitor reviews and other User content (i) at its own discretion before publishing the review, (ii) after publishing based on complaints from partners or third parties. Quandoo may, but is under no obligation, 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 possibly violate these GTC.
4.5. As outlined in section 3 above, the User grants Quandoo any rights of use for potentially legally protected contents of any submitted reviews that may be necessary to carry out Quandoo services, but remains solely responsible for their reviews and the owner of any content rights relating to the review. This right of use applies to Quandoo’s own channels (= Quandoo domains, Quandoo app) as well as to Quandoo cooperation partners (= third-part-providers which are linking to or marketing the Quandoo-channels); jointly the “Quandoo network”.
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 GTC or fails to uphold any applicable law several times when submitting reviews, despite being informed hereof.
5. 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.) with restaurants that take part in the Quandoo reservation system (hereinafter “Partner” or “Partners”). The reservation is agreed exclusively between the Partner and the User as procured by Quandoo, whereby Quandoo does not act as a representative, but only as a messenger. For restaurants listed in the Services which are not Partners of the Quandoo reservation system (hereinafter “Listed Restaurant”), the User may contact the Listed Restaurant and place an informal reservation (e.g. by telephone, e-mail or contact form using the contact information provided by the Listed Restaurant in the listing) directly, e.g. not via the Quandoo reservation system and without the procurement or involvement of Quandoo.
5.2. The Quandoo reservation function is a Quandoo service provided free of charge to the User, save for the exceptions as stipulated in section 5.6 below. The reservation feature includes 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 settings provided by the Partner. The Partner is exclusively responsible for maintaining and keeping their settings up to date. With the exception of the technical functioning of the Service, Quandoo accepts no liability for availability or the success of reservations with the Partner chosen by the User.
5.3. Quandoo will inform the User via e-mail about the status of their reservation request and any changes, if applicable. If the reservation is made more than seven (7) days in advance, Quandoo will send the User a reminder forty-eight (48) hours before the time of the reservation by e-mail. An invitation to review the Partner will be sent via e-mail within 7 days after the reservation.
5.4. The User may be requested to provide Quandoo with their debit card or credit card details when making a reservation with one of the Partners, e.g. for additional services or measures like “Smart Offers” or “Cancellation Fee” etc.
5.5. If unable to honor a reservation, the User must cancel the reservation as soon as possible and no later than the time specified at the time of placing the reservation and in the e-mail confirming the placement of the reservation (the “Cancellation Cut-Off Time”). To cancel, the User may either use the link in the confirmation e-mail or go through the “Reservations” section of their User account.
5.6. If the User cancels a reservation after the Cancellation Cut-Off Time or does not show up to honor a reservation, the User agrees to pay any applicable cancellation fee to Quandoo (the “Cancellation Fee”) which may apply in three amounts, 100%, 50%, 20% of the full Cancellation Fee as displayed online during reservation process. The User will be informed of the Cancellation Fee by Quandoo when placing their reservation. The User authorizes Quandoo to charge the cancellation fee to the debit card or credit card details provided by the User to Quandoo when making the reservation.
5.7. Other rights notwithstanding, Quandoo reserves the right to deactivate the reservation feature and/or other features of the Services for the User if the User does not honor 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.
6. Smart Offers
Subject of Contract
6.1. Quandoo may present so-called “Smart Offers” to Users. Smart Offers include (i.) the concession for Smart Offers without pre-payment (discounts/value offs) and (ii.) the distribution of Smart Offers with pre-payments (pre-paid credit/pre-paid menu) for (iii.) use in the Partner’s business (Restaurants) which Quandoo passes on or sells to Users through the Services. Smart Offers may be free of charge or subject to a fee, are always connected to specific reservations and may be subject to further conditions and/or requirements. The proper fulfilment of Smart Offers remains in the exclusive responsibility of the Partner.
Provisions for pre-paid Smart Offer (sub-sections 6.2 – 6.16)
6.2. Within the Services, Quandoo may offer Users the chance to purchase Smart Offers for the provision of services and/or goods (hereinafter the “Partner Services”) from restaurants and/or other businesses on Quandoo’s own account and in Quandoo’s own name. The sale of Smart Offer covers the sale of the right to be provided with the specific service or good(s) outlined in the Smart Offer by the restaurant offering the Smart Offer. The Partner, and not Quandoo, is the exclusive publisher of the Smart Offer and the User’s contractual partner for the service outlined in the respective Smart Offer. Quandoo’s duty within the framework of the Smart Offer sale is, therefore, limited to procure the User’s right against the Partner for the provision of the service outlined in the respective Smart Offer in accordance with the Smart Offer conditions outlined in the Smart Offer and, if applicable, the Partner’s General Terms and Conditions. Quandoo reserves the right to establish and/or change individual conditions including, without being limited hereto, the purchasing period and the number of Smart Offers offered for sale. Please see the section on the rights of revocation applicable to consumers and the standard form for revocation at the end of this document.
6.3. The specified partner is the exclusive publisher of the Smart Offer and the User’s contractual partner for the Partner Service outlined in the Smart Offer. The Partner provides this service based on a contract with the User arising from the User redeeming the Smart Offer. The contract may be subject to the Partner’s additional General Terms and Conditions, if applicable. The sale of the Smart Offer from Quandoo to the User is a purchase of rights relating to the User’s options to be provided with a Partner Service based on a contract between the User and the Partner. Quandoo is therefore not responsible for providing the Partner Service.
6.4. The Smart Offers sold by Quandoo refer to, for example, a specific service (Partner’s product and/or service), based on the conditions defined in the Smart Offer description (hereinafter the “Smart Offer Conditions”). The Smart Offer Conditions may outline, for example, the term during which the Smart Offer may be redeemed from the Partner (hereinafter the “Validity Period”) and whether specific additional conditions or limitations apply, e.g. limited capacity for different possible redemption times within the Validity Period. Quandoo recommends that the User confirms the time of the service, if and when necessary according to the Smart Offer Conditions, individually with the Partner. The Smart Offer Conditions are available in the Smart Offer ordering dialogue, and form a valid part of the Smart Offer purchase contract.
6.5. The Smart Offer purchase contract is subject to (i.) the User’s successful payment of the Smart Offer price to Quandoo, and Quandoo’s acceptance of the purchase order via the online ordering dialogue provided for this purpose and (ii.) the confirmation of the reservation.
6.6. If the Smart Offer cannot be provided within the purchase term due to unforeseen reasons, Quandoo shall not accept the User’s purchase offer so that no Smart Offer purchase contract will be concluded between Quandoo and the User. The User will be informed accordingly by e-mail. Any payment already provided by the User will be refunded by Quandoo immediately, if applicable.
6.7. Quandoo’s Smart Offer offers are directed at consumers for private use only. The User may not use Smart Offers for commercial or professional purposes, especially commercial trade or other commercial or professional use of Smart Offers (e.g. for competitions, raffles, auctions or otherwise free distribution for marketing purposes), unless otherwise agreed in writing between Quandoo and the User . Smart Offers may be transferred to other Users.
6.8. With the Smart Offer sale, Quandoo warrants to provide the User with the right to claim the service from the Partner, as outlined in the Smart Offer, subject to the respective Smart Offer conditions and to the Partner’s General Terms and Conditions, if applicable. This warranty includes the continued survival of rights for the provided right, and the right being free from third parties’ rights and obligations at the time of the Smart Offer sale (warranty of the survival of rights).
6.9. The provision of the service outlined on the Smart Offer is solely owed by the Partner. Quandoo assumes no liability for the proper redemption of the Smart Offer by the Partner or the Partner’s services. This exclusion includes the partner’s credit-rating and ability to perform (no warranty of redemption).
6.10. As the User’s contractual partner, the Partner is solely responsible for the proper provision of service. Quandoo assumes no liability for the Partner’s proper provision of services. This applies also to the quality of the service outlined in the Smart Offer, including external circumstances e.g. relating to the service, atmosphere and the upholding of appointments (no warranty for defects of performance)
Conditions for Redeeming and Returning
6.11. Smart Offers are directly connected to the reservation and confirmed within the reservation confirmation.
6.12. To redeem the Smart Offer, the User needs to honor his reservation with the Partner who must confirm the User’s visit to Quandoo.
6.13. The purchased Smart Offer must be redeemed at the Partner’s business at the confirmation date and time. Any unused or expired Smart Offers not claimed during the confirmed reservation may not be exchanged; to the User may not claim a reimbursement for the purchased Smart Offer from Quandoo.
6.14. Unless otherwise agreed, the service outlined in the Smart Offer may only be claimed once by the User from the Partner. If the bearer of the Smart Offer does not make use of the Partner service or the Smart Offer value in full, he/she is no entitled to a claim refund, credit or any other compensation of the remaining amount.
6.15. All clauses applicable to Smart Offer purchases which not directly govern payments, also apply to Smart Offer which are free of charge (e.g. free Smart Offer entry for specific events), in particular section 6.2 3rd sentence; 6.3 1st and 3rd sentence; 6.4 2nd and 4th sentence; 6.6 1st sentence; 6.10; and 6.12.
6.16. In case of questions concerning Quandoo Smart Offer sales or Smart Offer conditions, complaints or comments, please contact Quandoo’s service team by phone at (800) 3211 166, or e-mail us at email@example.com.
Provision for Smart Offers without pre-payment (No. 6.17 – 6.19)
6.17. Discounts/Value-offs mean price reductions the Partner offers to Users of the Quandoo-Network regarding specific reservations. For the concession of discounts/value-offs specific reductions on prices and other pre-defined conditions are displayed during the course of the reservation using the Services. Details applicable to the discounts or value-offs, shall be provided in that context, particularly pertaining to amounts and timeframes.
6.18. Discounts and value-offs only apply to a specific reservation placed by the User and may not be transferred to other reservations. The respective reservation must be kept for the User to be eligible to claim the discount or value-off.
6.19. All clauses applicable to Smart Offer purchases which not directly govern payments, also apply to Smart Offer which are free of charge (e.g. free Smart Offer entry for specific events), in particular section 6.2 3rd sentence; 6.3 1st and 3rd sentence; 6.4 2nd and 4th sentence; 6.6 1st sentence; 6.10; and 6.12.
7. Loyalty Point Program
7.1. Quandoo has a loyalty point program, e.g. loyalty points may be collected for certain activities and be redeemed subject to specific conditions into bonuses (e.g. Smart Offers). Each registered User may participate in the Quandoo loyalty point program subject to (i) these GTC and (ii) the specific conditions for collecting and redeeming loyalty points for certain activities (e.g. making a reservation using the Service, buying a Smart Offer, submitting a review, recommending Quandoo to new users) current at the time of using certain features.
7.2. In addition to these GTC, Quandoo also provides details for collecting and redeeming of loyalty points, including the required number of loyalty points, as well as the bonuses and Partners offering the bonuses, in the relevant entries and entry masks within the Services. Though such terms may change at any time, the details and the offer at the time of the User activity acquiring loyalty points, or at the time of redeeming loyalty points, as the case may be, shall apply.
7.3. Quandoo may determine that a User must accumulate a certain number of loyalty points (e.g. 1.000), reach a pre-defined status, or meet certain criteria (e.g. successfully upholding a reservation) before being eligible to redeem accumulated loyalty points for bonuses.
7.4. Loyalty points awarded for placing a reservation, may only be acquired if the User (i) made the reservation using the Services and (ii) successfully executes the reservation. If the User does not show up for his reservation, cancels the reservation or does not honor the reservation for any other reason, loyalty points will not be awarded.
7.5. Loyalty points awarded for the purchase of a Smart Offer may only be acquired if the User (i) purchases the Smart Offer through the Quandoo website or mobile app and (ii) pays for the Smart Offer. If the User exercises his legal right of revocation or the Smart Offer has no validity for any other reason not accounted for by Quandoo, loyalty points will not be awarded.
7.6. Users can view their current score of loyalty points in their account on the Quandoo website. Quandoo may also inform Users thereof through the e-mail newsletter. If the User redeems accumulated loyalty points, Quandoo will send the User an e-mail with the details (e.g. time of redeeming the bonus). If it is necessary as a result of redeeming loyalty points to make the bonus available (e.g. sending a Smart Offer), this shall be out by e-mail or regular mail. If the bonus is a restaurant Smart Offer, the Smart Offer conditions of these GTC shall apply as appropriate.
7.7. Accumulated loyalty points may only be redeemed from Quandoo for bonuses offered by Quandoo for this purpose (e.g. Quandoo restaurant Smart Offers) and may not be exchanged for other bonuses or cash. Loyalty points are tied to the individual User and cannot be sold or otherwise transferred to third parties without permission from Quandoo.
7.8. Any accumulated loyalty points will expire if not redeemed within 36 months depending on when they have been earned. Hence, loyalty points received earlier shall expire earlier (“first in, first out”). Loyalty points will also expire if a User account is cancelled (section 2.5), deactivated (sections 4.6 and 5.5) or if the contract between Quandoo and the User is ends for any other reason.
7.9. Quandoo reserves the right to discontinue the loyalty points program at any time. After discontinuation, Users may not collect any new loyalty points. Loyalty points accumulated prior to the discontinuation of the program shall remain valid for twelve (12) months, unless expiring earlier according to subsection. 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 program.
8. Quandoo Liability, No Liability for Information
8.1. Quandoo only assumes liability for damages on the merits of (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, also according to the Product Liability Act, if applicable, and (4) a breach of a duty or obligation material for the fulfillment of the contract the User regularly relies on (material contractual obligation).
8.2. Quandoo’s liability according to subsections (1), (2) and (3) above is unlimited. Moreover, any claims for damages are limited to contract-typical, foreseeable damages.
8.3. In any other cases and without prejudice to the following sections, Quandoo’s liability is excluded – regardless of the legal liability theory.
8.4. The above liability limitations apply to all Quandoo institutions, employees and vicarious agents. This does not alter the statutory burden of proof.
8.5. Unless otherwise agreed with the User, Quandoo does not warranty that the information concerning restaurants listed in the Service, or other businesses, is correct and current (including addresses and other contact information, prices and facilities/services, opening times, review content, links and content on any linked sites).
9. Availability/Service Level
The yearly average service availability is 97%, with the exception of reasonable, customary maintenance work scheduled and announced with adequate advance notice, as well as force majeure incidents or any other circumstances not arising from within Quandoo’s sphere of influence. 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 center’s router output.
10. Applicable Law, No Additional Agreements, Place of Fulfillment, Place of Jurisdiction
10.1. These GTC are construed according to and governed by the laws and England and Wales, expressly excluding the UN Sales Convention. There are no additional verbal or written agreements.
10.2. If any provision in these GTC are or becomes partially or in whole invalid or are held to be unenforceable by a court of competent jurisdiction, the remainder of these GTC shall remain unaffected and continue in full force and effect. The same shall apply to unintentionally omitted provisions. Invalid, unenforceable or missing provisions shall be replaced by valid and enforceable provisions which come closest to the intended purposes.
Revocation Form for Smart Offers
Notes about the legal right of revocation for consumers
Right of Revocation
You have the right to revoke from the contract within fourteen (14) days without giving reason.
The notice period is 14 days from the day the contract has been concluded.
To exercise Your right of revocation, You must send a clear statement to Quandoo UK Ltd., Pill Box, 115 Coventry Road, London E2 6GG, United Kingdom., Tel: 020 / 349 95 864, e-mail: firstname.lastname@example.org informing Quandoo about your decision to revoke the contract, either by regular mail or e-mail. You may use the attached template, but use of the template is not mandatory.
To meet the deadline to exercise Your right of revocation, it is sufficient that You dispatch Your notice of revocation before the end of the 14-day period.
Consequences of Revocation
If You revoke this contract, we will refund any payments received from You, including delivery costs (excluding additional costs, if You have chosen another method of delivery than the cheapest delivery we offered) within 14 days from the day we received Your statement of revocation. We will use the same payment method You used to complete the transaction, to refund the payment, unless otherwise expressly agreed with You. We will not charge You any fee for this refund.
If You have requested that the service should begin within the revocation period, You must pay us a reasonable amount to correspond with the services already provided from us to You by the time You exercise Your right of withdrawal, calculated based on the total amount due for the total services outlined in the contract.
End of Revocation
Exclusion of the Right of Revocation
The right of revocation is excluded for contracts concerning the provision of services related to leisure activities with a specific date or time period agreed in the contract.
2. Revocation Template
(If you would like to revoke Your contract, complete this form and send it to us.)
To Quandoo UK Ltd., Pill Box, 115 Coventry Road, London E2 6GG, United Kingdom., e-mail: email@example.com
-We/I (*) hereby revoke the contract of sale for the following product(s)/service(s) (*):________________________________
– Ordered on (*) / received on (*): __________________
– Name of consumer(s): __________________
– Address of consumer(s): __________________
– Signature of consumer(s) (only if sending on paper): __________________
– Date: __________________
(*) Delete as appropriate