General terms and conditions

Scope of these GTC; applicability of further terms and conditions; conclusion of the contract under these GTC

1. The reservation service (the "Service") is provided by Gastronaut GmbH, Bahnhofstraße 55, 69115 Heidelberg (hereinafter "we"). These GTC apply to the use of our Service, which we provide to you on behalf of the catering establishment at which you wish to reserve a table via our Service. These GTC apply regardless of whether you book via the website of the catering establishment into which our service is integrated or via our own platform.
2. In addition to these TOS, the use of a Catering Establishment's website and other services and products provided by a Catering Establishment may be subject to additional terms and conditions that the Catering Establishment may establish as necessary. These terms and conditions are in addition to these TOS and do not replace them. Please ensure that you familiarize yourself with any such additional terms and conditions prior to using the catering establishment's website or using or purchasing any services or products provided by the catering establishment.

Formation of the contract to these GTC; Correction notice; Sending of the contract content; No storage of the contract text

1. A contract with us to these GTC's about the services described in section 3 is concluded when you click on "Reserve now" after entering all data, after you have set a check mark at "I hereby accept the GTC's". However, the reservation itself must still be confirmed by the restaurateur. Please read section 3.2 of these terms and conditions.
2. After selecting the desired reservation (occasion, date, number of people and time) you must click on the button "Continue" (Please note: Depending on the restaurant, a reservation is no longer possible via our system from a certain number of people. In this case you will have to contact the restaurant directly). After that you will be asked to enter your name, email address as well as your phone number and you can also leave a comment. At this point you can still change the reservation selection by clicking on the "Back" button. You can change your personal data at this point by clicking in the respective fields. When you click on "Reserve now" again, your reservation request becomes binding and you declare your agreement with these terms and conditions. As soon as you receive an e-mail confirmation of your reservation from the restaurateur, the reservation is also binding. Your reservation expires 15 minutes after the start of the requested reservation time if you have not appeared by then. Please also read section 4.2 of these GTC. The cancellation of a binding reservation request as well as a reservation is possible according to 4.1 of these GTC.
3. The content of the contract, i.e. the data relating to your reservation request as well as these GTC will be sent to you by e-mail immediately after completion of the reservation request in accordance with section 2.2 of these GTC. The content of the contract will not be stored for you.

Our services

1. We offer the possibility of reserving a table at a catering establishment either on the website of the catering establishment or on our own platform or - if no table is available at the desired time or the reservation request is 14 days before the desired time - to be placed on the waiting list. Once the user has filled out the corresponding online form, our service will query the catering establishment's electronic database for available tables or waiting lists. The availability of reservations or the place on a waiting list is based on information provided by the catering establishment. When the User submits a reservation request through our Service, the Catering Establishment will confirm the reservation or waiting list status to the User by email or other electronic messages with which the User has agreed.
2. If there is no table available at the requested time or if the reservation request is a certain time before the requested time as determined by the restaurateur, you will receive an e-mail instead of a reservation confirmation stating that you have been placed on the restaurateur's waiting list. Unless you cancel your reservation request in advance, the reservation becomes binding as soon as you receive an e-mail with a reservation confirmation. If the restaurateur cannot fulfill your reservation request, he will send you a cancellation of your reservation request by e-mail as well.

Binding reservation request and reservation; Cancellation of the reservation; Consequences of a no-show

1. Reservation requests and reservations can be canceled by you and the restaurateur under the conditions set by the respective restaurateur and communicated to you at the time of reservation. Cancellation can be made either by e-mail to the restaurateur or by telephone. However, to ensure a smooth process, we recommend that you cancel the reservation through our service by either clicking on the "Edit Reservation" button in one of the emails you received in connection with the specific reservation or by editing the reservation through our or the restaurateur's website, for which you will need the reservation code sent to you by email. If the restaurateur cancels your reservation request or reservation, you will be informed about it by e-mail.
2. Consequences of a no-show: If you do not cancel your reservation request or reservation in time as described in section 4.1 a), a so-called no-show entry will be made for your e-mail address with this restaurateur. You will then receive an e-mail informing you that the records show that you did not show up at the restaurateur. Therefore, when you arrive at the restaurateur's location, you must inform them that you have a reservation. By using our service, you agree to receive no-show messages via email after it is reported that you did not honor your reservation, whether or not this was actually the case. If you inadvertently receive a no-show email, please contact us. We will then contact the restaurateur and attempt to resolve. If you have failed to make four reservations with this restaurateur within a period of 12 months from the first reservation with this restaurateur without canceling them in time, you will be blocked from making reservations with this restaurateur.

Your duties as a user

1. You agree to use our Service only to reserve tables or to register on waiting lists with restaurateurs and then to honor those reservations or waiting list registrations by appearing at the restaurateurs in a timely manner and ordering and paying for food (or, in the case of bars, drinks), unless you have been able to cancel in accordance with Section 4.1 of these TOS. You also agree not to book more than one reservation for the User's personal use during a meal period (e.g., lunch, dinner, etc.) and not to join multiple waiting lists. Resale or attempted resale of reservations or waitlist space is prohibited and will be considered good cause for, among other things, cancellation of your reservations, removal from the waitlist, or suspension of your access to our Service.

Liability

1. We are only liable for intent and gross negligence. We shall only be liable for slight negligence in the event of a breach of an essential contractual obligation, the fulfillment of which is a prerequisite for the proper execution of the contract and the observance of which you may regularly rely on (cardinal obligation). We shall only be liable for foreseeable damage, the occurrence of which must typically be expected. This also applies to lost profits and savings. Liability for other remote consequential damages is excluded.
2. The limitation of our liability shall not apply in the event of injury to life, body and/or health and in the event of liability under the Product Liability Act.
3. We shall not be liable for events of force majeure that make the contractual services impossible or even significantly complicate or temporarily hinder the proper execution of the contract. All circumstances that are independent of the will and influence of the contracting parties, such as terrorist attacks, embargoes, seizures, natural disasters, strikes, decisions by authorities or other serious and unforeseeable circumstances for which the contracting parties are not responsible, shall be deemed to be force majeure. A circumstance shall only be considered as force majeure if it occurred after the conclusion of the contract.
4. Furthermore, we shall not be liable for disruptions and loss of quality of data transmission on the Internet for which we are not responsible and which impede or prevent the use of the contractual services.
5. Insofar as our liability is excluded or limited, this shall also apply to the liability of our employees, other staff, representatives and vicarious agents.

Contract language

Applicable law; Mandatory consumer protection provisions

Place of jurisdiction, online dispute resolution, consumer dispute resolution

1. If the user is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the use of our services is the registered office of Gastronaut GmbH (currently Heidelberg, Germany). The same applies if the user does not have a general place of jurisdiction in Germany or if his or her place of residence or habitual abode is unknown at the time the action is filed.
2. The European Commission provides a platform for online dispute resolution (OS) for consumers. You can reach this at: http://ec.europa.eu/consumers/odr/. Our e-mail address is: mail@gastronaut.ai
3. We are not obligated to participate in a dispute resolution procedure before a consumer arbitration board and are generally not prepared to do so.

Severability clause