Terms and Conditions
Guest accounts and bookings by Fine Dining Experiences
Thank you for your interest in Fine Dining Experiences UG (“FDE”). FDE allows users to make online reservations at restaurants and to purchase electronic tickets for fine dining and food events through its native and web-based applications, owned and operated by FDE (“Application or Applications”) (the application and any products and services provided by FDE, collectively referred to as the “Service” or “Services”).
Acceptance of the terms
1. About Bookings
FDE provides the Service to Users to enable Users to make online reservations at participating third-party restaurants (“Restaurants”). To make a reservation, you will be required to provide your name, e-mail address, credit card information, phone number, personal password and a personal identification number.By providing your email address, you consent to receive information about your reservation and other communications through the email address you have specified. Any reservation is subject to the availability of the Restaurants for your specified time, date and party, and is not confirmed until an electronic confirmation Ticket, has been received.
In order to maintain the quality of the Services that FDE offers to all users, FDE requires that you provide a respective notice of the cancellation of a reservation through the Service within the time frame specified by the Restaurant and agreed to during your booking process.
1.3 Late-Cancellation and No-Show Policies
If you are unable to show up for your reservation at the Restaurant or fail to cancel within the required time (“No-Show”), FDE will send you an email on behalf of the Restaurant, notifying you about a No-Show for your reservation. You may dispute any No-Show by contacting the restaurant or FDE personally at firstname.lastname@example.org. Any final determination of a No-Show shall be made by FDE at its sole discretion. In case of a No-Show you will be required to pay a cancellation fee as specified by the Restaurant and agreed to during your booking process.
2. Ticket Purchase
Some Restaurants and food event organizers may require that you purchase a ticket (“Ticket”). To purchase a Ticket, you will be required to provide your name, e-mail address, credit card information, phone number, personal password and a personal identification number.By providing your email address, you consent to receive information about your Ticket purchase and other communications through the email address you have specified. Any purchase of a Ticket is subject to the availability of the Restaurants for your specified time, date and party, and is not confirmed until an electronic confirmation Ticket, has been received.
2.2 Cancellation and Transfer
2.3 Additional policy
The following additional policies are incorporated herein by reference. Please read them carefully. Capitalized terms used, but not defined in a particular policy may be defined elsewhere in the Terms.
2.4 Accessing the applications, websites and/or booking forms
You must be an individual of at least 18 years old to use the Service, and have not previously been removed or suspended from the Service for any reason. By using the Service, you represent that you are 18 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms, and have not previously been removed or suspended from the Service. Further, by using the Service or by making a reservation on the Service, you agree to abide by and comply fully with these Terms, and you agree and acknowledge that you are accepting the benefit of the Service, subject to these Terms.
3. Account Information and Responsibilities of Registered Users
3.1 Account Information
In order to register for the Service and receive information about your use of the Service, you will have to create an account. You hereby represent and warrant that the information you provide to FDE upon registration and, at all other times, will be true, accurate, current, and complete, and that you will ensure that such information is kept accurate and up-to-date at all times.
3.2 Access, Preservation and Disclosure of Information
You acknowledge, consent and agree that FDE may access, preserve and disclose your account information and User Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary or in the interest of FDE or a third party to (i) comply with legal process; (ii) enforce the Terms; (iii) respond to a claim that any User Content violates the rights of third parties; (iv) to respond to your requests for customer service; or (v) investigate or protect the rights, business interests, property or personal safety of FDE, its Users and the public.
3.3 Password and Pin
As a registered User, You will have login information, including a username, a password and a pin. Your account is personal to You, and You may not share Your account information with, or allow access to Your account by any third party. As You will be responsible for all activity that occurs under Your access credentials, You should preserve the confidentiality of Your username, password and pin. If You have any reason to believe that Your account information has been compromised or that Your account has been accessed by a third party, You agree to immediately notify FDE by e-mail to email@example.com. You are solely responsible for Your own losses or losses incurred by FDE and others (including other users) due to any unauthorized use of Your account that occur prior to notifying FDE that Your account was compromised.
3.4 Ownership; Proprietary Rights
The application and the Services are owned and operated by FDE. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Applications provided by FDE ("FDE Content") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Content contained on the application are the copyrighted property of FDE or its subsidiaries or affiliated companies, Restaurants and/or other third parties. All trademarks, service marks, and trade names are proprietary to FDE or its affiliates and/or third parties. You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the FDE Content, and nothing herein shall be interpreted to grant you any right or license under any intellectual property rights of FDE or any third party.
3.5 Prohibited Use of Service
The Service offered by FDE is strictly for Your personal use, and You agree to honor any reservations made through the Service by arriving to the Restaurant at the time specified in your registration and paying the bill in full. You further agree to not “double book” or make more than one (1) reservation through the Service for any given period of time. Resale or attempted resale of any reservation is a violation of these Terms and is grounds for termination of Your account. Notwithstanding the above, FDE reserves any other rights or remedies for any breach under applicable law.
You also agree not to use the Service for any unlawful purpose or in any way that might harm, damage, or disparage any other party. Without limiting the proceeding sentence, you agree that you will not, whether through the Service, your User Content (as defined in our Intellectual Property Policy, available here), or otherwise, do or attempt to:
Undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Applications, FDE Content, User Content, or any other part thereof, except and solely to the extent permitted by law, or otherwise attempt to use or access any of the Service other than as intended;
Reproduce, duplicate, copy, sell, trade, resell, distribute or exploit, any part of the Service, use of the Service, access to the Applications, or content obtained through the Service (including without limitation FDE Content, User Content, and Third Party Content (as defined below)), for any purpose other than for your personal, noncommercial purposes, except and solely to the extent permitted by these Terms;
Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of any part of the Service, or features that enforce limitations on the use of the Service or any content therein;
Bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Service;
Use any robot, spider, scraper, or other automated means of any kind to access or scrape the Service, except by bona-fide search engines periodically indexing the Service as part of a process of indexing sites and services available on the internet generally, and in such a case solely in accordance with our Robots.txt file and any other posted guidelines;
Frame or otherwise enclose any trademark or any portion of the Service in any other site or service for any purpose without our express written permission;
Threaten, harass, abuse, slander, defame or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
Publish, distribute or disseminate any inappropriate, profane, vulgar, defamatory, infringing, obscene, tortious, indecent, unlawful, offensive, immoral or otherwise objectionable material or information;
Create a false identity or impersonate another for the purpose of misleading others as to the identity of the sender or the origin of a message, including, but not limited to, providing misleading information in any reviews or to any feedback or rating system employed through the Service;
Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious software programs;
Interfere with or disrupt the Service, networks or servers connected to the Service, or violate the regulations, policies or procedures of such networks or servers;
Upload or otherwise transmit any information or content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, including by incorporating any such material in your User Content, whether by posting such material to the Applications or otherwise; orUse the Applications in any manner whatsoever that could lead to a violation of any federal, state or local laws, rules or regulations, or the rights of any third party.
3.6 Location and Social Media Services
The Service may currently or in the future offer features designed to help you share information with others, including in whole or in part based on your location or through social networks. These features are strictly offered on an “opt-in” basis and no disclosure of such information will be made without your consent.
If you use certain features of the Service enabling you to share information with others using Facebook, Twitter, Google+, or other third party sites (each a “Social Networking Site”), you authorize to share that information with the Social Networking Site. If you have any questions on how the Social Networking Site may use your information, please review their policies.
In order to use location-based Features you must allow the Service access to your localized position, which may be accessed through a variety of means, including, if available, GPS, Internet Protocol (“IP”) Address, cellular tower, and/or other location identifiers now known or later developed. If you choose to disable location-based Features, you will not be able to utilize certain features of the Service. By authorizing FDE to access your location, you agree and acknowledge that any device data we collect from you in connection with the Service is directly relevant to your use of the Service and FDE may provide location-based Features related to your then-current location for the duration of your browser session.
You acknowledge and agree that FDE does not guarantee the accuracy of any location information, including your location information or the location information of other users of the Service, and your use of any location-based Features is at your sole risk.
3.7 Modification of the Terms
3.8 Third Party Content and Links
The Service may contain references or links to third-party materials and services (including, without limitation, links to Restaurant websites) not controlled by FDE or its suppliers or licensors. FDE provides such information and links as a convenience to you and should not be considered endorsements or recommendations of such sites or any content, products or information offered on such sites. You acknowledge and agree that FDE is not responsible for any aspect of the information or content contained in any third party materials or on any third party sites accessible or linked from the Service.
4.1 By FDE
FDE, in its sole discretion and for any reason or no reason, may terminate Your account on the Service, disable your access to the Service (or any part thereof), discontinue the Service and any related services, or terminate any license or permission granted to you hereunder, at any time, with or without notice. You agree that FDE shall not be liable to you or any third-party for any such termination. In particular, FDE reserves the right to suspend or terminate Your account if you are a “no-show” to three or more reservations within a one (1) year period, as set forth in Section 2. Without limiting the generality of the foregoing, FDE may terminate Your account in cases of actual or suspected fraud, or violations of these Terms or other laws or regulations, and any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies FDE may have at law or in equity.
4.2 By You
If you are dissatisfied with the Service, then please let FDE know by e-mailing at firstname.lastname@example.org. Your only remedy with respect to any dissatisfaction with the Service, any of these Terms, any policy or practice of FDE in operating the Service, or any content or information transmitted or made available through the Service, is to terminate your use of the Service is to terminate your use by closing your account and discontinuing your use of any and all parts of the Service, or by providing FDE with notice of termination at email@example.com.
You agree to indemnify and hold harmless FDE and its parent, subsidiaries, affiliates or any related companies, licensors and suppliers, and their respective directors, officers, employees, agents, representatives, and contractors, and other FDE Users, from all damages, injuries, liabilities, costs, fees and expenses (including, but not limited to, legal and accounting fees) arising from or in any way related to your use or misuse of the Service (including your use or misuse of Third Party Content); your breach or other violation of these Terms including any representations, warranties and covenants herein;your violation of the rights of any other person or entity,
FDE reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify FDE and you agree to cooperate with FDE’s defense of these claims. You may not settle any matter without the prior written consent from FDE. FDE will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE APPLICATIONS, FDE CONTENT, OR ANY OTHER PRODUCT, SERVICE OR INFORMATION PROVIDED BY FDE), USER CONTENT, THIRD-PARTY CONTENT, AND ANY OTHER SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FDE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, WITH RESPECT TO THE PRODUCTS OR SERVICES PROVIDED BY FDE.
5.1 LIMITATION OF LIABILITY
IN NO EVENT WILL FDE, ITS OFFICERS OR DIRECTORS, OR RESTAURANTS, BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR VISIT TO A RESTAURANT THROUGH THE SERVICE;YOUR USER OF THE SERVICE, FDE CONTENT, OR THE SITE;THE USE OR ACCESS OF OR INABILITY TO USE OR ACCESS THE SERVICE, ANY CONTENT; ORTHE COMPLIANCE OR NON-COMPLIANCE OF A RESTAURANT IN CONJUNCTION WITH THE SERVICES,INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE, WHETHER BASED IN TORT, CONTRACT OR OTHER LEGAL THEORY, EVEN IF FDE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL FDE, ITS OFFICERS OR DIRECTORS, OR RESTAURANTS BE LIABLE IN THE AGGREGATE FOR ANY DAMAGES INCURRED GREATER THAN FIVE HUNDRED EUROS (€500.00).
BASIS OF THE BARGAINAPPLICABLE LAW MAY NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT BECAUSE SUCH WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND FDE, AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND FDE, FDE’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU UNDERSTAND AND AGREE THAT FDE WOULD NOT BE ABLE TO OFFER THE SERVICE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THESE LIMITATIONS.
5.3 Dispute Resolution
FDE is committed to providing you a means of resolving disputes that arise between you and FDE quickly and cost effectively. Accordingly, you and FDE agree to resolve any claim or dispute that arises out of this Agreement or in connection with your use of the Service (a “Claim”) in accordance with one of the subsections below. As in many circumstances FDE is able to resolve disputes with users amicably, FDE strongly encourages you to first contact FDE directly to seek a resolution before escalating to one of the options below. FDE will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
5.4 Law and Forum for Disputes
This Agreement shall be governed in all respects by the laws of Germany as they apply to agreements entered into and to be performed entirely within Germany, without regard to conflict of law provisions. You agree that any claim or dispute you may have against FDE must be resolved exclusively by a court located in Berlin, Germany, except as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Berlin, Germany for the purpose of litigating all Claims that arise between you and FDE.
5.5 Arbitration Option
For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than EUR 10,000.00 and not filed on behalf of a putative class, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. The parties shall split any costs and expenses in connection with the Arbitration. In the event a party elects arbitration, the dispute shall be resolved through binding non-appearance-based arbitration through the German Association of Arbitration (“DIS”), and in accordance with the DIS’s Rules available online at http://www.dis-arb.de. The parties may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, without breach of this “Arbitration Option” subsection and without any abridgment of the powers of the arbitrators.
5.6 Improperly Filed Claims
All claims you bring against FDE must be resolved in accordance with this Dispute Resolution Section. All claims filed or brought contrary to the Dispute Resolution Section shall be considered improperly filed. Should you file a claim contrary to the Dispute Resolution Section, FDE may recover attorneys' fees and costs up to $1,000.00, provided that FDE has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
FDE may provide you with notices by mail, electronic mail, or postings on the Service. You may provide FDE with notices by registered mail sent to Fine Dining Experiences UG, Markgrafenstrasse 33, 10117 Berlin, Germany. If notice is provided by electronic mail, notice will be deemed given twenty-four hours after electronic mail is sent, unless FDE is notified that the electronic mail address is invalid. If notice is provided by posting through the Service, then notice will be deemed given upon such posting. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Service. In such case, notice will be deemed given three days after the date of mailing.
6. The FDE Reservation and Ticketing System
FDE provides the Service to enable Users to make online reservations as well as to purchase tickets at participating third-party restaurants or food event organizers (“Restaurant” or ”Restaurants”). The Service is used in place of traditional reservation books, and enables Users to find available tables, reserve, book and change or cancel reservations and Tickets online, without having to call or contact the Restaurant in question. FDE will share your name, e-mail address, phone number, dietary restrictions and billing address with the Restaurant to facilitate your booking, but will not share any other information about you or your bookings with the Restaurant. However, if the Restaurant shares corporate ownership with other restaurants, your information will be available to all the restaurants that share the same corporate owner.
6.1 The Information FDE Collects
User-provided Information: You may provide to FDE what is generally called “personally identifiable” information (such as your name, email address, credit card information, phone number, personal password, pin, dietary restrictions and billing address) when using the Service, such as when you make a booking using the Service, register for the Service, speak with one of our representatives, or contact us for customer service or other purposes. We may also ask for additional information about your dining preferences, including any food allergies or user preferences, to ensure that your dining experience at Restaurants through our service is a favorable one.
6.2 Service Information
6.3 Invitation Service
If you choose to use our invitation service to tell a friend about the Service, we may ask you for information needed to send the invitation, such as your friend's email address or phone number. We will automatically send your friend a one-time email inviting him or her to try the Service. By providing email addresses or contact information of non-users, your represent and warrant that you have the right to provide such information to FDE. We store this information to send this one-time invitation, to register a friend connection if your invitation is accepted, and to track the success of our referral program. Your friend or friends may contact us at firstname.lastname@example.org to request that we remove their information from our database.
6.4 Notification Service
At the completion of the booking process, we also request that you provide the email addresses, phone numbers, and potential food preferences of any of your guests. This information is strictly optional. By providing any such information, you represent and warrant that you have the right to disclose such information to FDE. We use this information to notify your guest about the upcoming reservation and also provide the Restaurant with accurate information about the dietary restrictions of the guest. Your guest may contact us at email@example.com request that we remove their information from our database.
6.5 Credit Card and Bank Account Information
FDE requires that you provide a credit card number or bank account information in order to secure or manage your booking. FDE will use the encrypted credit card information and transmit it in an encrypted manner to a third party payment provider. With your consent, your credit card and bank account data information may be stored to make subsequent transactions easier. We take certain precautions to protect our users' credit card and bank account information and to limit the risk that it will be accessed without authorization, including the use of certain industry standard technologies and practices as described in the Section entitled "Our Commitment to Data Security" below.6.6 “Cookies” InformationWhen you use the Applications, we may send one or more cookies - small text files containing a string of alphanumeric characters - to your computer. FDE may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Applications. Persistent cookies can be removed. Please review your web browser "Help" file to learn the proper way to modify your cookie settings. Please note that if you delete, or choose not to accept cookies from the Applications, you may not be able to utilize the features of the Site to their fullest potential.
6.7 “Automatically Collected” Information
When you use the Applications or open one of our HTML emails, we may automatically record certain information from your web browser by using different types of technology, including "clear gifs" or "web beacons." This "automatically collected" information may include the Internet Protocol address ("IP Address") or other device address or ID, web browser and/or device type, the web pages or sites that you visit just before or just after the Site, the pages you view on the Applications, and the dates and times that you visit the Applications. To process this data we are using “Google Analytics” or similar tools.
6.8 Information from Restaurants
We may also obtain information relating to your dining experiences from restaurants that you may visit through the Service. We do this so that we may continually improve the quality of the Service we are providing to you. For example a restaurant may let us know of a specific food allergy that you inform them about or if they have identified you as a 'VIP'. We use that information for internal purposes and may disclose that information to other restaurants that you make reservations with so that those restaurants may provide you with a better dining experience.Location-Based FeaturesFDE only receives information about your location on an opt-in basis. If you choose to enable location-based Features, we may collect your location based on information provided by you or available from your web browser or mobile device, including, if available, GPS, IP Address or cell tower information. If you choose to disable location-based Features, you will not be able to utilize certain features of the Service.
6.9 When FDE Discloses Information to Restaurants
As part of the Service, FDE will disclose your personal information to Restaurants in order to facilitate the operation of the Service and allow the Restaurants to improve the level of service that they offer to you.
To facilitate your booking, FDE will disclose your name, e-mail address, phone number, diatery restrictions and billing address to the Restaurant at which you have made your Booking. We do this to enable the Restaurant to confirm that the booking has been made and to contact you with any problems regarding your Booking. FDE will also provide any booking-specific information that you have provided to FDE with the Restaurant, such dietary restrictions, allergies, specific seating preferences, as if the Booking is for a special occasion, or any other information associated with your Booking.
For each booking, FDE will only share information from the Service about your particular Booking or past Bookings with the Restaurant in question, except in limited circumstances as described below. If you have made multiple Bookings through the Service with a particular Restaurant or have visited the Restaurant multiple times in the past, that information may be disclosed the Restaurant in addition to your personal information for the current registration. FDE may also make limited disclosure of information about your dining preferences to Restaurants to enable them to improve the level of service they are providing to you. For example, FDE may provide a restaurant with information about a specific food allergy that you have identified through a previous Booking or if a previous Restaurant has identified you as a 'VIP'.FDE may also disclose information that we have collected about our users through the Service to Restaurants in an aggregate, non-personally identifiable manner. This information may include information derived from our data analytics and is used to allow the Restaurants to improve their service to you. Any information disclosed in such manner cannot be used to identify or contact you.
6.10 When FDE Discloses Information to Non-Restaurants
FDE is not in the business of selling your information, and we take your privacy very seriously. In the course of providing the Service to you and other users, we make limited disclosures of your information to others for a variety of purposes.
The Service may currently or in the future offer features designed to help you share information with others, including in whole or in part based on your location or through Social Networking Sites. These features are strictly offered on an "opt-in" basis and no disclosure of such information will be made without your consent. For example, you may automatically check in on Foursquare or Around Me (or similar services) when you are seated at a Restaurant or automatically tweet or post on a Social Networking Site when you create a reservation or finish a meal at a Restaurant.
If you use such features, we may disclose the contents of your message, any user information that you have provided to us for the Social Networking Site, and your location (if applicable) to the Social Networking Site. Once you make your personal information available to others in this manner, FDE cannot control how it is collected, used, and disclosed by the recipients. If you choose to use features on the Service that allow you to publish or syndicate information to Social Networking Site, use and disclosure of any information you choose to disclose in this manner will be subject to such the privacy policies of the Social Networking Site.
FDE may also share automatically collected and other non-personally identifiable information in an aggregate form (such as user trends, application downloads, and demographic information) with a variety of third parties, including our affiliates, advertisers, publishers, and other current and prospective investors or business partners. This information may be used to assist such parties in understanding the usage, viewing, and demographic patterns for certain programs, content, services, advertisements, promotions, and/or functionality on the Service.
FDE may also disclose your information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright law), respond to a court order, judicial or other government subpoena, or warrant, or to otherwise cooperate with law enforcement activity.
FDE also reserves the right to disclose your information that we believe, in good faith, is appropriate or necessary to take precautions against liability; protect FDE and others from fraudulent, abusive, or unlawful uses or activity; to investigate and defend ourselves against any third party claims or allegations; to assist government enforcement agencies; to protect the security or integrity of the Applications; or to protect the rights, property, or personal safety of FDE, our Users, or others.
6.11 How Restaurants May Use Your Information
Restaurants may use your name, e-mail address, phone number, dietary restrictions and billing address for operation of your booking. If you have consented to any sharing of any additional information, such as a special event or birthday, that information will also be made available to them to facilitate the desired Booking.
In order to provide the best service to you, the Restaurant may also use and store any additional personal information that you provide to them through your communications with them or at the Restaurant. For example, the restaurant may store and use any personal information that you disclose to them including your dietary restrictions, allergies, information about people you dine with, birthdays and other important dates, or specific dining preferences, that allow them to provide an improved dining service for you. This information may be stored by the Restaurant on the Service and may be disclosed to FDE, as described above.
6.12 The Way FDE Uses Your Information
FDE uses the information you provide or that we collect to operate, maintain, enhance, and provide all of the features and services found on the Service. We will use your phone number and email address to contact you for administrative purposes, for customer service purposes, to address intellectual property infringement, rights of privacy, or defamation issues, regarding User Content that you have posted to the Service, or to comply with laws and regulations related to purchases made by you through the Service. You may not opt out of such communications. We may also use your phone number and email address to send you messages about Bookings, reminders, recommendations, or other alerts that you have signed up for, or let you know about promotional offers for the Service, marketing communications, or for other FDE or third party products and services that you may be interested in. You may configure the nature and frequency of these messages or opt out of such messages through the Service.
FDE may also use the information that you provide or that FDE collects in order to personalize the Service for you. For example, if you have opted in to use location-Based Features, we may use that information to provide you with Restaurant recommendations in your immediate vicinity. If you have indicated a specific preference for a type of cuisine, we may emphasize our listings of Restaurants for that specific type of cuisine to better account for your preferences.
FDE uses all of the information that you provide or that we collect and/or aggregate to understand and analyze the usage trends, interests, and preferences of our users, including providing you with Restaurant recommendations based on past reservations you have made, to improve the way the Service works and looks, and to create new features and functionality.
FDE may use “automatically collected” information and “cookies” information to:personalize services, such as remembering your information so that you will not have to re-enter it during your visit or the next time you visit the Applications;provide customized third party advertisements, content, and information;monitor and analyze the effectiveness of FDE and third party marketing activities; andmonitor aggregate Application usage metrics.
6.13 Third Party Advertising
In this way, they may compile information about where individuals using your computer or browser saw their advertisements and determine which advertisements are clicked. Third party advertisers have no access to your contact information.
FDE does not provide any personally identifiable information to these third-party ad servers or ad networks without your consent. However, please note that if an advertiser asks FDE to show an advertisement to a certain audience or audience segment and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience they were trying to reach.
6.14 Third Party Services
The Applications may contain link to web sites and services provided by third parties, such as links to Restaurant websites. Any information you provide to third party sites or services is provided directly to that third party and is subject to that third party's policies governing privacy and security. FDE is not responsible for the content or privacy and security practices and policies of third party sites or services to which links are displayed on the Applications. We encourage you to learn about third parties' privacy and security policies before providing them with personally identifiable information.
6.15 Your Choices
You may, of course, decline to share certain personally identifiable information with FDE, in which case FDE may not be able to provide to you some of the features and functionality found on the Service. You may modify or delete certain profile information at any time by logging into your account on your phone or computer and clicking the “Settings”. Information will be updated promptly in active user databases. Individuals who wish to deactivate their FDE account may do so by emailing us at firstname.lastname@example.org. Removed information may persist in backup copies for a reasonable period of time but will not be available to other Users. Further, even after removal, copies of User content may remain viewable in cached and archived form or if other Users have copied or stored your User content. If you have provided any information directly to a Restaurant that has been stored in an online application, this information will continue to be accessible by the Restaurant even after you delete your account, in a similar manner as an information stored in a 'pen and paper' guestbook would.
To protect your privacy and security, we take reasonable steps to verify your identity before granting you account access or making corrections to your information.
YOU ARE RESPONSIBLE FOR MAINTAINING THE SECRECY OF ANY APPLICABLE PASSWORD, PERSONAL IDENTIFICATION NUMBER AND ACCOUNT INFORMATION AT ALL TIMES.
6.16 Our Commitment to Data Security
FDE takes certain precautions to protect our Users' information and to limit the risk that it will be accessed without authorization, including use of certain industry standard technologies and practices. FDE cannot, however, ensure or warrant the security of any information you transmit to FDE, and you do so at your own risk. If FDE learns of a security systems breach, then FDE may attempt to notify you electronically so that you can take appropriate protective steps. FDE may post a notice through the Service if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach, or if you have any questions about the security of FDE applications, please contact us at email@example.com.
6.17 International Visitors Of U.S.-Based Restaurants
Please note, for Bookings at Restaurants in the USA your personally identifiable information maybe transferred to the USA and you agree to usage of your data in the USA.
6.18 In the Event of Merger or Sale
While FDE is not in the business of selling personal information, in the event that all or a portion of FDE or its assets is acquired by or merged with a third party entity, FDE reserves the right, in any of these circumstances, to transfer or assign the information that FDE has collected from visitors to the Applications, including personally identifiable information, in connection with such merger, acquisition, sale, reorganization, recapitalization, or other change of control.
Terms and Conditions of Sale
Thank you for your interest in FDE Fine Dining Experiences UG (“FDE”). The following terms and conditions of sale (the “Terms and Conditions" or “Agreement”) govern your purchase and use of Tickets for fine dining experiences offered by participating restaurants through our Service. These Terms and Conditions of Sale are incorporated into, and made a part of, the FDE Terms and Conditions. Capitalized terms used and not defined in this policy have the meaning given to them in the FDE Terms and Conditions.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY, AS THEY CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND FDE. BY AGREEING TO THE TERMS AND CONDITIONS, OR BY PURCHASING OR USING A TICKET OFFERED THROUGH THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS AND ANY FUTURE MODIFICATIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, THEN PLEASE DO NOT USE THE SERVICE.
Participating restaurants and food event organizers (“Restaurant” or “Restaurants”) may list and make available for your purchase tickets, certain special promotional offers, specialized dining experiences, and other offers through the Service (“Tickets”). Tickets can be redeemed at participating Restaurants in exchange for a certain value (the “Tickets Nominal Value”) of goods and services. Tickets are purchased through the Service at the Tickets Nominal Value.Purchasing TicketsBy placing an order for a Ticket, you understand and agree that your transaction is treated as a binding purchase of the Ticket on the terms, conditions and restrictions as described in this Agreement and on any Ticket specific terms associated with the Ticket.
7.1 Restaurant Responsibility
Tickets are issued by FDE but the redemption of the Tickets and all purchases of the Restaurant’s goods and services are solely between you and the applicable Restaurant. The Restaurant, and not FDE, is solely responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Restaurant or its products and services, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Tickets (“Liabilities”). You waive and release FDE and its affiliates, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a Restaurant in connection with your use of a Ticket.
7.2 Ticket Specific Terms
Each Ticket may have additional specific terms associated with the Ticket, which will be presented to you at the time you commit to purchase the Ticket. These additional specific terms may be either express (as where the Ticket does not activate until after a certain date or time) or implied (as where the Ticket is for the purchase of alcoholic beverages, in which case you must be of legal age to purchase alcohol to redeem the Ticket.) Ticket specific terms supersede any inconsistent terms in this Agreement, except to the extent such terms are prohibited by applicable law.
7.3 General Terms
Unless otherwise stated on the Ticket, or required by law, the following terms apply to all Tickets: Tickets are non-refundable. Tickets are personal and transferable, unless otherwise notified during the purchase process. They can be bought, sold and transferred solely by using the Services at nominal value by or on behalf of any third party. Purchase and redemption of Tickets is void where prohibited by law.Statutory LimitationsPurchases and redemption of Tickets may have additional statutory limitations, such as limitations on whether Tickets may be redeemed for purchases of alcoholic beverages, and if so, what amount or proportion of the Tickets Nominal Value can be redeemed for alcoholic beverages. The application and compliance with applicable laws and regulations is solely the responsibility of the Restaurant.
A validation date for a Ticket may be printed on the Ticket. If expiration of the Ticket as of the date printed on the Ticket is prohibited under the law of the jurisdiction in which the Restaurant is located, you not be will be entitled to any value greater than any remaining Ticket Cost after the expiration date.
8. Billing and Payment
8.1 Method of Payment
FDE accepts payments through payment methods detailed on the applicable payment screen. You will not be charged for a Ticket until the offer to purchase the Ticket is accepted by the Restaurant. FDE does not accept payment forms other than those specified on the applicable payment screen. You agree to pay for Tickets and services that you purchase through the Service and you agree that FDE may charge your selected payment instrument for any such payments.
You are responsible for paying any governmental taxes imposed on your use of the Ticket, including, but not limited to, sales, use or value-added taxes. To the extent FDE is obligated to collect such taxes, the applicable tax will be added to your billing account.
8.3 Disputed Charges
YOU AGREE TO SUBMIT ANY DISPUTES REGARDING ANY CHARGE TO YOUR ACCOUNT IN WRITING TO FDE WITHIN THIRTY (30) DAYS OF SUCH CHARGE, OTHERWISE SUCH DISPUTE WILL BE WAIVED AND SUCH CHARGE WILL BE FINAL AND NOT SUBJECT TO CHALLENGE. YOU ALSO AGREE TO ATTEMPT IN GOOD FAITH TO RESOLVE ANY SUCH DISPUTE DIRECTLY WITH FDE PRIOR TO RESORTING TO ANY ALTERNATE REMEDY OR DISPUTE RESOLUTION MECHANISM, INCLUDING WITHOUT LIMITATION ISSUING A CHARGEBACK REQUEST TO YOUR PAYMENT PROVIDER.
8.4 Changes and Updates to the Terms and Conditions
Please revisit this page periodically to stay aware of any changes, as FDE may periodically change, modify, add, or remove portions of the Terms and Conditions and reserves the right to do so in its sole discretion. If FDE does, FDE will post those changes on this page and indicate the new effective date so that you are always aware of what information FDE collects and how FDE use it.
8.5 Contacting FDE
Any improper collection or misuse of information provided by the Service is a violation of the Terms and Conditions and should be reported to firstname.lastname@example.org
You may also contact FDE by mail at:
Fine Dining Experiences UG
Vivien Richter, CEO
Markgrafenstrasse 33, C / O Dentons
10117 Berlin, Germany
April 10, 2016