Gastronomy terms and conditions
General terms and conditions for the placement service of Go Crush GmbH
These terms of use regulate the contractual relationship between GO CRUSH GmbH, Ostparkstraße 11, 60314 Frankfurt am Main (hereinafter "GO CRUSH") and all restaurateurs (hereinafter "users") who receive reservations for their offer via the Meet5 app. GO CRUSH allows restaurateurs to use an independent web application ("widget") to accept reservations according to the "first-come-first-serve principle" and to receive reservations on this basis during peak and off-peak times. GO CRUSH's services include the provision of the widget and reservation control via the GO CRUSH software, which the user can access via the app. GO CRUSH only transmits reservation requests from the end customer / guest to the catering industry; A purchase or service contract for a catering service can only be concluded between the restaurateur and the respective guest.
1. Scope
1.1.
The GO CRUSH online reservation system (hereinafter: "Application") is used exclusively on the basis of the following general terms and conditions, the description of services and the prices shown on the website. This also applies to use from a location that is outside the territory of the Federal Republic of Germany.
1.2.
Conflicting, deviating or supplementary general terms and conditions of the user are only deemed to be agreed if GO CRUSH has expressly confirmed them in writing. These terms of use also apply if GO CRUSH provides the services without reservation while being aware of conditions of a user that contradict or otherwise deviate from these provisions.
1.3.
These provisions apply to future contracts with the user even if their validity is not expressly pointed out again, unless GO CRUSH sets different terms and conditions for future contracts.
2. Subject matter of the contract
2.1.
Use of the application is only available to users who have accepted these terms of use.
2.2.
The subject of the contract is the provision of an online reservation system for the catering sector. The GO CRUSH application for the restaurateur consists of a widget for accepting reservations. The end customers use the GO CRUSH app to form groups of six on fixed dates. As soon as a group has been found, the appropriate restaurateurs in the respective city receive an email notification that a table is available. The first restaurateur to accept the table receives the reservation. The table is no longer available for the rest of the restaurateurs.
2.3.
A reservation of several guests via the app represents an offer to conclude a service contract between the guest and the user. GO CRUSH only transmits the corresponding declaration by the guest. A purchase or service contract can therefore only be concluded between the restaurateur and the respective guest. As a technical service provider, GO CRUSH is in particular not responsible for damage, non-performance or poor performance resulting from the brokered contract or a contract that has not materialized.
2.4.
GO CRUSH provides the restaurateur with their own information and data via the application. This information and data is for informational purposes only, without users being able to rely on or rely on the topicality, correctness, accuracy, relevance or completeness of the information.
2.5.
The application can be changed, modified, updated or withdrawn in whole or in part at any time. In the event of a significant change, the user has the right to terminate this contract with a notice period of one week.
2.6.
GO CRUSH will advise the user on the use and integration of the application and provide technical support.
2.7.
The user is responsible for compliance with the applicable data protection regulations towards customers.
3. License
3.1.
GO CRUSH grants the user a non-exclusive, non-transferable, worldwide license to use the application, limited to the term of this agreement.
3.2.
The user acknowledges that the application and all of its components are the sole property of GO CRUSH. The application or any part of the application may not be reproduced, decompiled, changed, modified or loaned, sold, rented or otherwise commercially used to third parties without the prior written consent of GO CRUSH. The rights from § 69e UrhG remain unaffected. Any documentation and information provided to the user about the application and its functionality may not be made accessible to third parties without the prior written consent of GO CRUSH.
3.3.
Employees of the user are not considered third parties for the purposes of this section.
3.4.
Insofar as it is necessary for the provision of the services owed by GO CRUSH, the user grants GO CRUSH the non-exclusive, revocable right, limited in time to the term of this contract, to name, data and labeling (in particular brands, logos, trademarks) of the To use the user or the user's business as well as any materials (e.g. images, photographs, texts, graphics) required for the performance of the services owed by GO CRUSH exclusively for the provision of the contractual services, to make them publicly accessible, to process them, to reproduce and distribute. The user assures that such use does not conflict with the rights of third parties and releases GO CRUSH from all related costs (including the costs of legal defense) in the event of a claim by third parties.
4. Availability and individual services
4.1.
The application is made available with a monthly average availability of 95 percent. The parties understand availability as the technical usability of the application without significant restrictions at the transfer point of the reservation system for use by the user. The following cases of unavailability are not counted towards the availability guaranteed under this section:
a.
Announced maintenance times up to a duration of 12 hours. GO CRUSH endeavors to carry out maintenance work during the night (10 p.m. to 6 a.m.);
b.
Interruptions in the internet connection between GO CRUSH and the user and / or between GO CRUSH and the end customer;
c.
Cases of force majeure;
5. Fees
5.1.
The user pays a fixed placement fee of € 2 per guest. This fee only applies if the restaurateur has actively confirmed the reservation and the user has actually dined in the restaurant. The restaurateur only pays for the actual guests who appear at the appointment and only if the guest has made a minimum turnover of € 8. Information about the number of guests and the turnover per guest must be made within 48 hours of the start of the meeting using the form provided in the e-mail. If this information is not provided within the given period, GO CRUSH will charge € 2 for each guest.
5.2.
For the cancellation of a reservation by the user, GO CRUSH must be informed by phone or email. A cancellation of at least 24 hours before the reservation has no consequences. A cancellation less than 24 hours before the reservation is made will result in a penalty of € 2 per user if GO CRUSH cannot find an alternative.
5.3.
If the user makes use of GO CRUSH services that are not included in the respective tariff, the price list for additional services valid at the time of use applies.
5.4.
Billing takes place monthly by invoice. Invoices and payment reminders are sent to the user by email. Payments by the user to GO CRUSH for the reservations made within the system are made by transferring the user to GO CRUSH or by direct debit.
5.5.
No-shows (end customers who do not show up despite a reservation): GO CRUSH reserves the right to ask end customers about their reservations. If the quota of no-shows indicated by the user over a period of 8 consecutive meetings is more than 25 percent above the average quota of no-shows indicated by users with pubs / restaurants of a similar orientation in the same period, then GO CRUSH is entitled to extraordinarily terminate the contract in accordance with Section 8 (3) of this agreement.
6. Non-fulfillment of main performance obligations
6.1.
If GO CRUSH does not fully meet the agreed obligations, the following regulations apply.
6.2.
If GO CRUSH does not meet the agreed obligations in whole or in part after the application has been made operational for the first time, the user will receive a credit for the following month in the amount of the portion of a monthly usage-independent fee that corresponds to the period in which the application is not or not in was fully available. Usage-dependent fees are only incurred for business transactions that were actually carried out using the application despite the restriction or discontinuation of the services. If GO CRUSH is responsible for this non-performance, the user can also claim damages in accordance with Section 7.
6.3.
If use of the application is not restored within three days after GO CRUSH has become aware of the defect, the user may, regardless of the reason for the non-fulfillment, but not if there is only force majeure, the contractual relationship without observing a deadline cancel.
6.4.
If the user has not reported the loss of performance to GO CRUSH, he has to prove in the event of a dispute that GO CRUSH has otherwise gained knowledge of it.
7. Liability
7.1.
The parties are liable to each other in the event of willful intent or gross negligence for all damage caused by them and their legal representatives or vicarious agents.
7.2.
In the event of slight negligence, the parties are fully liable in the event of injury to life, limb or health.
7.3.
Otherwise, a party is only liable if it has violated an essential contractual obligation (cardinal obligation). In these cases the liability is limited to the replacement of the foreseeable, typically occurring damage. GO CRUSH's no-fault liability for damages (Section 536 a BGB) for defects that existed when the contract was concluded is excluded; Paragraphs 1 and 2 remain unaffected.
7.4.
Liability under the Product Liability Act remains unaffected.
7.5.
The liability of the parties in the event of gross negligence and willful misconduct, in the event of a breach of essential contractual obligations and in the event of personal injury is unlimited.
7.6.
As far as the liability of GO CRUSH is excluded or limited according to the preceding paragraphs, this also applies in favor of the employees of GO CRUSH in the event of their direct use by the user.
7.7.
The parties are liable to each other - regardless of the legal reason - for direct property damage caused by their employees or by third parties up to the amount of the license fees incurred in a contract year under this contract.
8. Term, termination
8.1.
The contract begins with the active acceptance of a reservation by the user. The contract lasts up to 48 hours after the start of the meeting. Each time a meeting is accepted, the contract is concluded anew.
9. Applicable law, place of jurisdiction
9.1.
This agreement is subject to the law of the Federal Republic of Germany to the exclusion of the UN sales law. The parties agree that Frankfurt is the exclusive place of jurisdiction for all disputes arising from or in connection with this contract.
9.2.
Should a provision of this agreement be ineffective, the ineffective provision should be replaced by an effective provision that comes as close as possible to what is economically and legally intended.