The here stated terms and conditions do apply for the usage of the website and of its content, the features and the reservation service that is provided by Spectacular Table, as well as the access to them.
Spectacular Table is represented by Werder Solutions AG (WS AG) located in Switzerland. By using the provided reservation service, you thereby close a contract with WS AG. This contract includes the Spectacular Table Guidelines, -procedures and conditions that apply when using this service.
In accessing the service, making use of it or in clicking “accept” during the reservations process,
- you confirm, that you have read and understood this contract and that you agree to be held against (an etwas gebunden sein) it.
- you guarantee, that you reached majority and the access and usage of this service isn’t legally prohibited.
The Spectacular Table terms and conditions can be updated and edited by the WS AG. You are required to check for such updates regularly. It is up to you to agree with an updated version of this contract or to disagree with it. However, you need to agree with the newest version of this contract to be able to use reservation service. Possibly you have to click “accept” again to confirm a new version of this contract. If you don’t agree with this terms and conditions, you’re required to stop using the provided service. Should this be the case you also won’t have access to your account anymore (as defined below).
If the WS AG not stated otherwise, every usage of the Spectacular Table Service (reservation and payment service) is subject to the version of this contact that’s been effective at the time of usage.
Part I – Reservation service
1. Restaurant reservation. WS AG provides via the Spectacular Table Website a reservation services that enables its customers to book a specific table in a restaurant. The restaurant reserves exactly this table. A table is bookable maximum 4 months prior to the planned visit.
After a user makes an online reservation of a table WS AG confirms this reservation and its status to the user by email. In using the reservation service you declare to agree to receiving confirmations, updates, modifications and cancellations concerning this reservation via email.
When using the reservation service the following fees apply and have to be paid by the user:
- Reservation fees: The amount of this fee is set by the restaurant and collected through WS AG. You pay via credit card. This fee applies to every reservation made.
- Minimum turnover: The amount is set and collected by the restaurant itself. If you don’t reach this minimum turnover when you dine in the restaurant, the delta amount is shown on you bill and has to be paid by you in full. If a restaurant sets a minimal turn over lies in its own discretionary (im eigenen Ermessen). If a restaurant that is stated in a reservation is collected only in parts or even dropped completely is the restaurants responsibility.
In using the reservation service, you accept this fee and the payment conditions.
A booked table is held free for you from the time of your reservation. When arriving punctual the table is available for you for minimum three hours – exceptions apply when this time collides with the opening hours of the restaurant. If the restaurant closes before this three-hour timeframe the table is at your disposal until closing time.
If a user doesn’t show up at the time of the reservation, the table is held free for 40 minutes. After that other guests can be seated at this table and the booking counts as “No-Show” (please refer to Part I sec. 2). The user is not able to claim the table when the 41minute after the reserved time is reached.
2. Conditions for No-Show. WS AG endeavours to provide the users of Spectacular Table an excellent service. To support us in providing a constantly good service for participating restaurants and their visitors, users that are not able to keep a reservation should cancel their booking as soon as possible. You can find information about refundable and non-refundable cancellations in Part I, Sec. 4 of this contract.
3. Conditions for Usage. The user commits him- or herself to only use the reservation service to make reservations and keep them, in being at the restaurant in time, order food and pay for the food (and if applicable the minimum turnover). Furthermore, the user agrees not to make more than one reservation for the same day and time for his or her personal use. Administrative assistants can book more than one table for the same time and date via Spectacular Table Agent-Accounts – special terms and conditions apply. Reselling or the attempt to resell a reservation made via Spectacular Table is prohibited and is further a reason for your reservation(s) to be cancelled by WS AG and for banning you from using this service. Multiple reservations, e.g. to secure yourself tables for being able to choose from them later, are also prohibited and can lead to the cancellation of all your reservations and you being banned from the access to our service.
4. Cancellation policy. User can cancel a reservation free of charge up to 2 hours prior to a planned visit in a restaurant. The full amount of your payment is refunded to your credit card. 119minutes (1hour 59 minutes) prior to the planned visit the reservation the full amount of the reservation fee is charged to you. You’ll find a link to cancel a reservation attached to every confirmation email. Otherwise you can also send an email to firstname.lastname@example.org.
Part II – Conditions for the service
2. Your account. You are able (but nor required) to open an account on the Spectacular Table Website to use our reservations service. If you decide to open an account, the data you provide in the registration form has to be true, correct, up-to-date and complete. You’re also required to update this data as soon as possible to keep it true, correct, up-to-date and complete. You alone are responsible for keep the confidentiality of your account and the information you provide. Additionally, you are responsible –as long as the applicable law doesn’t state otherwise- for the usage of your account, independently of this usage is being authorized by you or not. Your required to inform WS AG about unauthorized usage of your account or any other security violation immediately after It is known to you.
4. Technical Requirements. Using the reservation service requires an internet connection via your computer or mobile device. You are responsible for all fees charged to you by your provider due to using this service -e.g. for data or text messages, including text messaged send to you via this service. WS AG does neither guarantee that the Spectacular Table Service is available on all devices nor that every provider supports this service. Possibly you need to activate Java Script (or similar technologies) to be able to use the Spectacular Table Website. Some features and parts of the website may not be available to you should Java Script be deactivated.
5. Modifications to the service. WS AG reserves the right to modify the service at its own discretion and without prior notice (e.g. delete, add, modify restaurants or parts of the Websites). WS Ag can’t be held liable for the mentioned actions. In keep using the service after such modifications occur you confirm and accept these modifications and show your satisfaction with the service.
6. Right of intellectual property and granting of rights to the user. Features, information and content that is provided via the Spectacular Table Service is protected by copyright, trademark law and other rights concerning intellectual property. All texts, graphic content, videos, data and other content that is made available to you via the Spectacular Table Website (together Spectacular Table content), is provided to you exclusively to support you in using the service.
The Spectacular Table content can be modified by WS AG. While not stated otherwise in these terms and conditions the user has no licence other than to use the service as explained above. Using the Spectacular Table content otherwise is considered a serious violation of this contract. WS AG, her partners or licensors own all rights on the service, the Spectacular Table content and associated brands, copyright, trade secrets and rights of intellectual property. According to this contract you’re not given a licence, a right or a share of the brand Spectacular Table.
7. Usage restrictions. Service and Spectacular Table content are offered only for personal use through the users according to the in this contract stated purpose. Usage in any other way is prohibited. WS AG reserves all rights according to the applicable law. WS AG further reserves the right to block the access to the service, close accounts, delete or modify content and cancel reservations. You agree not to do the following (and also to not allow a third party to do this):
- use deep links, bots, spider, scraper or other automatized or manual devices, processes or media to gain access to, copy, search and watch the service and the Spectacular Table content – except WS AG explicitly permits you to do so.
- Carry out any action that stresses the service and infrastructure of Spectacular Table in an insufficient way
- Use devices, software or routines to (try to) interfere and disturb the operation of the service
- Rent, lease, licence or copy the Service of parts of the Spectacular Table contents for use through third parties
- Of offer the service or the Spectacular Table content or include it in the product or service of third parties
- Break, dismantle or dissect the source code or non-public APIs or try to get access to them in any way (as long as the applicable law does not allow it, and even then, you have to inform WS AG about your actions)
- Modify the service or the Spectacular Table content or build products that derive from them.
- Delete or cover any referents and notes considering the ownership of the service and the
- Use the Service or the Spectacular Table content for illegal causes or
- Publish and distribute information about the operation of the service or the Spectacular Table content or use it for marketing analysis or benchmarking. Spectacular Table Websites are possibly accessible from all around the world, however features and services explained and provided on these Websites are not available to every person or at every location. WS AG reserves the right to restrict all or parts of the features and service in some location according to her own discretion.
8. Cancellation. WS AG has the right to ban users from using the reservation service or parts of it and cancel this contact without notice. WS AG can also block access to the service when we suspect a user of breaking this contract. A reactivation of your account is possible but not guaranteed and depends on your actions. You accept that WS AG cannot be held liable for any consequences that result from cancelling this contact. It is up to the user to stop using the service at all times. You understand that deleting your account may perhaps result in deleting your stored content. In those cases, WS AG cannot be held liable.
9. Reviews, messages, comments and other content. You may be able to publish, post or transmit content like reviews, comments, ratings, pictures, videos, audio-files, text, data, links and location data. You may further send emails and other messages, propose ideas, ask questions or provide other information (User Content). Data you provide for opening an account on Spectacular Table is NO user content.
User content cannot be illegal, threatening, obscene, racist, defamatory or pornographic, violate the rights of intellectual property or damage the reputation of groups or individuals, violate personal rights or the right for privacy of third parties – neither on purpose nor on accident. They also cannot consist of or include software, virus, advertisements, politic campaigns, chain letters, mass mails, spam or references to illegal actions, wrongdoing, miscalculations, misleading advertisements or violations of health regulations (e.g. food containing alien objects, food poisoning etc.). User content should be neutral and objective. It is also prohibited to leave comments or reviews for your own restaurant, the restaurant of your employee, friend, family member or competitor or such for which you get money any other kind of compensation. You must not use a wrong mail address, pretend to be another person/organisation or modify/falsify user content in any way.
Your name or an optionally selected alias is shown at every form of content publish by you. WS AG reserves the right to monitor user content and if need be, delete, modify it – especially if content violates this contract. However, WS AG does not guarantee to review user content on a regular basis.
If not indicated otherwise by providing user content you grant WS AG a not exclusive, permanent, free, irrevocable and re-licensable right to use these contents worldwide in any media, to duplicate, translate, publish, distribute it and to use it in other ways. You hereby renounce your personal rights or the right on privacy or similar rights regarding the name or picture of a person in addition to copyrights that you may have on content that you provide on Spectacular Table. You guarantee that you own this content or you have the right to publish it. WS AG is not responsible or liability regarding user content, provided by you or other users. Further we don’t guarantee confidentiality regarding user content.
10. Your assurance and duty of compensation. You assure and guarantee to own or control all rights on the through you transmitted user content. Further you assure that this content is correct and using this content on Spectacular Table Websites, on those of our partners or licensees does not violate this contract and that no individuals, companies or third party-rights are offended. You guarantee to defend and compensate WS AG and the companies, representatives, CEO and employees (together Spectacular Table parties) against all claims regarding
- The user content you transmit
- The usage of the service through you
- Or the violation or supposed violation of this contract
11. Liability restriction. If not stated otherwise, Spectacular-Table parties cannot be held liable regarding any violation, loss or injury (including casualties and consequential injuries), financial compensation resulting from a contract, prohibited actions or other causes. Not even when Spectacular Table parties have been informed about the possibility of these damages, as long as they’re resulting from
- This contract (including possible modifications)
- Usage of the Spectacular Table Website, reservation service, Spectacular Table content or user content
- a downtime or delay (like not being able to use parts of the service) or
- a visit to a restaurant or the performance, non-performance, the behaviour or the regulations of a restaurant regarding the Spectacular Table service.
Additionally, you accept that third parties that link to Spectacular Table cannot be held responsible for injuries or loss that occurred in context with using Spectacular Table content or the website.
Spectacular Table and WS AG don’t represent the restaurants an user books via the reservation service. The liability restriction is neither applicable for damages resulting from intentional wrongdoing or serious negligence on our behalf nor for harm to life, body and health.
If mentioned above liability restriction is not applicable for legal reasons, you agree that our liability to you is limited (regardless of the reason and the type of lawsuit) to fifty euro (50€).
You and WS AG agree that the in paragraph 11 and 12 mentioned liability restrictions are an important part of this contract and represent a fair and reasonable risk breakdown. Particularly you understand that WS AG would not be able to provide the service to any other conditions than to those stated in this contract. You accept and agree that this contract is still applicable even if it should turn out that a restricting section stated in this contract didn’t serve its intended purpose.
12. Warranty restriction. You understand that you use the Spectacular Table service at your own risk and WS AG cannot guarantee to provide the service faultless or continually. The service and Spectacular Table content are provided to you as seen and without any warranty. WS AG rules out all explicit and tacit assurances, warranties or compensations that result from a business relations or performances.
WS AG does not warrant for correctness and completeness or guarantee to validate the correctness and completeness of the information made available on the Spectacular Table website. Further WS AG does not warrant for delays, interruptions, service-downtimes or other issues resulting from the usage of the internet, electronic communication technologies and other systems that are not controlled by WS AG.
The above-mentioned warrant restrictions are valid to the greatest legal extent. You may have other legal rights. However, the timeframe in which you can make any warranty claims is restricted to the greatest legal extent.
13. Third-party websites, apps and services. The service can contain hyperlinks that refer to websites and apps operated by third-parties. These hyperlinks are made available to users only for reasons of reference. WS Ag does not control these websites and is not responsible for their content. The integration of such hyperlinks is no recommendation of these websites, the content they provide or an association with the operators of these websites. WS AG cannot be held liable regarding websites, apps, content, features, products, or services provided through third-party apps.
14. Case of conflict and exemption. In case of conflict between user and restaurant occurring in clear context with a via Spectacular Table made booking, WS Ag takes care of any issues. Therefore, please report any problems as soon as possible (via mail or contact form). WS AG is not responsible for conflicts occurring not in direct context with the booking. In this case the restaurant alone is responsible for the interaction with you and in case of claims, violations, injuries, shortcomings, liabilities or costs that result from the interaction with or the visit to a restaurant. These conflicts have to be settles directly between user and restaurant. For that reason, you exempt WS AG according to the applicable law from any claims on your behalf. This exemption is neither applicable for injuries resulting from intentional wrongdoing or serious negligence on our behalf nor for harm to life, body and health.
15. Let us know of anyone who violates the law or your rights. If you have the impression, the service is violating any copyright, please write us. You’ll find our contact details at the end of this paragraph.
For us to be able to take action your message has to contain the following:
- provide your physical or electronic signature
- name the work that you suspect is protected by your copyright
- name the subject that you suspect is violating your work and provide clear information for us to be able to find your work
- provide your contact details (address, telephone number or email address)
- declare that you suppose in good faith, the suspect of which you think is violating your copyright is not released by the creator, his representative or according to the user conditions in context with the service
- declare that the information that you give in your message is correct and that you have the permission to act in the name of the creator whose work is violated.
Like mentioned before we can only take action if you provide all the requested information.
16. Severability. If a provision of this contract is or becomes legally invalid or if there is any gap that needs to be filled, the validity of the remainder of the contract shall not be affected thereby. Invalid provisions shall be replaced by common consent with such provisions which come as close as possible to the intended result of the invalid provision. In the event of gaps such provisions shall come into force by common consent which comes as close as possible to the intended result of the contract, should the matter have been considered in advance. Any chances of or amendments to this contract must be in writing to become effective.
17. Assignment. These terms and conditions and the herein mentioned rights and taken obligations must not by any means be transferred to the user. However, they can be transferred by WS AG.
18. Renouncement. Any renouncement concerning an agreement of this contract or a delay caused by a contracting party regarding the enforcement of resulting rights is neither considered a permanent renouncement nor does it entitle expectations that a right will not be enforced.
19. Choice of law and venue. This contract shall be governed and construed in accordance with the laws of Switzerland. All claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of Switzerland excluding that States choice of law principles.
It is possible that you are protected by consumer protection laws of the country of your residence. In case you reside in a member country of the European Union, there is a chance to settle conflicts in the way of the alternative dispute resolution or via the ODR-Platform of the European Commission. This planform is accessible through http://ec-europa.eu/consumers/odr/ .