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terms

Terms and Conditions for Restaurant Bookings

This page (together with the documents expressly referred to on it) tells you information about us and the legal terms and conditions (Terms) on which we provide an online platform for restaurant booking services (Services) via our website at www.capitalcentric.co.uk(our site).

These Terms will apply to any contract between us for the supply of our Services to you (Contract). Please read these Terms carefully and make sure that you understand them, before placing any bookings via our site. Please note that before placing a booking you will be asked to agree to these Terms.

You should print a copy of these Terms or save them to your computer for future reference.

We amend these Terms from time to time as set out in clause 13. Every time you wish to use our Services, please check these Terms to ensure you understand the Terms which will apply at that time. These Terms, and any Contract between us, are only in the English language.

1.     INFORMATION ABOUT US

1.1    We are Season & Vine Limited trading as ‘FIT for Purpose’, a company registered in England and Wales under company number 06493051.  Our main trading address is at 15, Streatham Business Centre, 1 Empire Mews, London SW16 2BF. Our VAT number is GB 975 6117 89.

1.2    To contact us, please send an email to fitforpurpose@capitalcentric.co.uk or telephone 020 3384 6481.

2.     OUR SERVICES

2.1    Our site is an online platform through which restaurants and similar venues (Restaurant(s)) can advertise their fixed price meal menus and through which businesses, such as tour operators, can make Restaurant reservations. Our Services are not available to consumers.

2.2    By placing a booking via our site, you enter into a direct contractual relationship with us in our role as intermediary.

2.3    Our website shows details of available bookings and sample or actual menus. If you wish to look into alternative bookings, menus or other arrangements you should contact us by email giving details of your requirements. We will respond to you by email as soon as possible but we cannot guarantee to fulfil any such requests.

2.4    Nothing in these Terms shall be deemed to constitute a partnership or any employment relationship between the parties.

3.     ACCESS TO OUR SITE

3.1    You will need to register with us in order to use our Services and our site. Access to our site is permitted on a temporary basis and we reserve the right to withdraw or amend our Services. We will not be liable if for any reason our site is unavailable at any time or for any period.

3.2    If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.

4.     RESTAURANT INFORMATION

4.1    All Restaurant information appearing on our site is based on the information provided to us by each relevant Restaurant, which has sole responsibility for updating all pricing, sample and actual menus, availability and other relevant Restaurant information via its access to an interface on our site.

4.2    Although we will use reasonable skill and care in performing our Services, we will not verify and cannot guarantee that all information relating to any Restaurant is accurate, complete and updated.

5.     HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

5.1    Our online, real-time, booking process allows you to check and amend any errors before submitting your booking to us. Please take the time to read and check your booking at each page of the booking process.

5.2    After you make a booking, you will receive an email from us acknowledging that we have received your booking.  However, please note that this does not mean that your booking has been accepted.  Our acceptance of your booking will take place as described in clause 5.3.

5.3    We will confirm our acceptance of your booking by sending you an email (Email Confirmation).  The Contract between us will only be formed when we send you the Email Confirmation.

5.4    You shall indemnify us against all costs, claims, damages, losses and expenses arising as a result of any claim or action suffered by us in the event that we are held to be acting as your agent in performing our obligations under these Terms or in the event of any breach of these Terms by you.

5.5    You shall be responsible for taking out and maintaining appropriate levels of insurance cover to cover your obligations and liabilities under this these Terms and any Contract and for providing us with evidence of the same immediately upon our request.

6.     PRICING

6.1    All Restaurant pricing will be as quoted on our site from time to time. All prices are shown per person unless indicated and are displayed inclusive of any VAT. Services charges may or may not be included in the pricing at the discretion of the Restaurant. If a service charge is included in the pricing, it relates only to the food element and not to any extras, such as drinks. If a service charge is not included in the pricing, any service charge is payable to the Restaurant at the entire discretion of the diner and the Restaurant is not entitled to levy any service charge or present a service charge bill. We shall not be liable to you for any service charges paid in error.

6.2    Details of how you pay for Restaurant bookings will be as agreed with you and confirmed in our Email Confirmation. Where, in our absolute discretion, we have given you credit facilities these may be withdrawn by us at any time. We reserve the right (but are not obliged) to suspend our Services to you (which may include suspending your access to our site) and/or charge you interest if you do not pay us on the due date. Interest is charged on the overdue amount at the rate of 4% per annum above The Bank of England's base lending rate from time to time. Such interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You shall be required to pay the interest together with the overdue amount.

6.3    Restaurant offers, menus and pricing will be set for a defined period and you will be subject to the arrangements as detailed in our Email Confirmation to you. Any sample menus are subject to minor seasonal variations.

6.4    All additional charges incurred at the Restaurant, such as for drinks, must be paid direct to the Restaurant before leaving the venue. Failure to comply with the provisions of this clause shall be regarded as a fundamental breach of these Terms. Such additional charges are subject to a separate contract between the diner and the Restaurant and we shall not be held liable to you or to any third party in respect thereof.

6.5    If you have any queries in relation to your Contract, you should refer them to us. Your Contract is with us and not with you and the Restaurant, so you must deal with us and not the Restaurant. Any contravention of this provision will be regarded as a material breach of these Terms and we may terminate your future right to access and use the site and our Services.

6.6    Our relationship with Restaurants mean that they are required to use their best efforts to ensure that pricing details are correct at the time when the relevant information was entered by the Restaurant onto our system.

6.7    Our site contains information about many Restaurants. It is always possible that some of the Restaurant pricing on our site may be incorrect. If we discover an error in the pricing for the Restaurant you have booked we will inform you of this error and we will give you the option of continuing your booking at the correct price or cancelling your booking. If we are unable to contact you using the contact details you provided during the booking process, we will treat the booking as cancelled and notify you in writing.

6.8    Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, there is no obligation to honour a Restaurant booking at the incorrect (lower) price.

7.     CANCELLATION, LATE ARRIVALS AND NO SHOWS

7.1    Once there is a Contract in place you may cancel a Restaurant booking by giving us notice via our online booking system. If your cancellation is received by us less than 36 hours before the time of the Restaurant booking you will not be entitled to any refund of the price. If your cancellation is received by us more than 36 hours before the time of the Restaurant booking, we will refund in full any sums paid by you for that Restaurant booking using the same mode of payment as you used to pay us.

7.2    Refunds will not be provided for any other reason, such as where there is a ‘no show’ (failure to turn up at the Restaurant for a booking) or if there is late arrival (beyond 15 minutes from the scheduled booking time).  Please note that a Restaurant is not obliged to honour a booking where arrival is more than 15 minutes after the scheduled booking time.

8.     ACCEPTABLE USE POLICY

8.1    You may use our site and our Services only for lawful purposes.  You may not use our site or our Services:

(a)        in any way that breaches any applicable local, national or international law or regulation;

(b)        in any way that is unlawful or fraudulent;

(c)        to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out below;

(d)        to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);

(e)        to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

8.2    You also agree:

(a)        not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of these Terms;

(b)        not to access without authority, interfere with, damage or disrupt:

(i)         any part of our site or Services;

(ii)        any equipment or network on which our site is stored;

(iii)       any software used in the provision of our site; or

(iv)       any equipment or network or software owned or used by any third party.

9.     CONTENTS STANDARDS

9.1    These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

9.2    Contributions must:

(a)        be accurate (where they state facts);

(b)        be genuinely held (where they state opinions);

9.3    Contributions must not:

(a)        contain any material which is defamatory of any person;

(b)        contain any material which is obscene, offensive, hateful or inflammatory;

(d)        promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

(e)        infringe any copyright, database right or trade mark of any other person;

(f)         be likely to deceive any person;

(g)        be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

(h)        promote any illegal activity;

(i)         be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;

(j)         be likely to harass, upset, embarrass, alarm or annoy any other person;

(k)        be used to impersonate any person, or to misrepresent your identity or affiliation with any person or give the impression that they emanate from us, if this is not the case; or

(l)         advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

10.     INTELLECTUAL PROPERTY

10.1    The content of our site is protected by copyright, trade marks, database rights and other intellectual property rights. You must keep intact all and any copyright and proprietary notices. You may not reproduce, modify, copy or distribute or use for commercial purposes (other than as strictly required for you to receive the Services provided by us) any of the materials or content on our website without our prior written consent. For the avoidance of doubt, you shall not be entitled to copy, re-badge, frame or link to all or part of our site unless we have agreed in writing on such terms as we shall specify.

10.2    Intellectual property rights mean all intellectual property rights in any part of the world, whether registered or unregistered (and including any application), including copyright, know-how, confidential information, trade secrets, business names and do"main" names, trade marks, service marks, trade names, patents, design rights, database rights and all rights in the nature of unfair competition rights or rights to sue for passing off.

11.     SUSPENSION AND TERMINATION

11.1    We will determine, in our discretion, whether there has been a breach of these Terms through your use of our site or our Services.  When a breach of these Terms has occurred, we may take such action as we deem appropriate, which may result in our taking all or any of the following actions:

(a)        immediate, temporary or permanent withdrawal of your right to use our site and/or our Services;

(b)        immediate, temporary or permanent removal of any posting or material uploaded by you to our site;

(d)        legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

(e)        further legal action against you;

(f)         disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

11.2    We exclude liability for actions taken in response to breaches of these Terms.  The responses described in clause 11.1 are not limited, and we may take any other action we reasonably deem appropriate.

12.     HOW WE USE PERSONAL INFORMATION

12.1    We only use your personal information you provide to us in accordance our Privacy Policy at Privacy Policy.

12.2    You, in turn, warrant that you have the right to give us personal information you provide to us and you indemnify us in respect of any breach of this warranty.

12.3    You agree to bring our Privacy Policy to the attention of all your customers.

13.     OUR RIGHT TO VARY THESE TERMS

13.1    We may revise these Terms from time to time in the following circumstances:

(a)        changes in how we accept payment from you;

(b)        changes in relevant laws and regulatory requirements; or

13.2    Every time you place a booking with us, the Terms in force at that time will apply to the Contract between you and us.

13.3    Whenever we revise these Terms in accordance with this clause 13, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.

14.     OUR LIABILITY

14.1    These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

14.2    You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.

14.3    You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.

14.4    Nothing in these Terms limits or excludes our liability for:

(a)        death or personal injury caused by our negligence;

(b)        fraud or fraudulent misrepresentation;

14.5    Subject to clause 14.4, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

(a)        any loss of profits, sales, business, or revenue;

(b)        loss or corruption of data, information or software;

(d)        loss of anticipated savings;

(e)        loss of goodwill; or

(f)         any indirect or consequential loss.

14.6    Subject to clause 14.4 and clause 14.5, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed a sum equivalent to the price paid by you to us for the Services to which the claim relates.

14.7    Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Services or to any Restaurant. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that any Restaurants are suitable for your purposes.

15.     EVENTS OUTSIDE OUR CONTROL

15.1    We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications or power networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

15.2    If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

(a)        we will contact you as soon as reasonably possible to notify you; and

(b)        our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.

16.     COMMUNICATIONS BETWEEN US

16.1    When we refer, in these Terms, to "in writing", this will include email.

16.2    If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your booking.

16.3    Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, email, or posted on our website.

16.4    A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second business day after posting; if sent by email, upon receipt; or, if posted on our website, immediately.

16.5    In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

16.6    The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

17.     WEBSITE LINKS

You may only link to or frame our site if we have given you prior written consent on such terms as we may specify. If you wish to link to or frame our site you should contact us, using the details given in clause 1.2.

17.1    Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.  We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

18.     DISPUTE RESOLUTION

18.1    If any dispute arises in connection with these Terms, directors or other senior representatives of the parties with authority to settle the dispute will, within 14 days of a written request from one party to the other, meet in a good faith effort to resolve the dispute.

18.2    If the dispute is not resolved at that meeting, the parties will attempt to settle it by mediation in accordance with the CEDR Model Mediation Procedure. Unless otherwise agreed between the parties, the mediator will be nominated by CEDR and shall be in London.

18.3    To initiate the mediation a party must give notice in writing (ADR notice) to the other party(ies) to the dispute requesting a mediation. A copy of the request should be sent to CEDR Solve. The mediation will start not later than 28 days after the date of the ADR notice.

18.4    The commencement of a mediation will not prevent the parties commencing or continuing court proceedings.

19.     OTHER IMPORTANT TERMS

19.1    We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

19.2    You may only transfer your rights or your obligations under these Terms to another person or other entity if we agree in writing.

19.3    This Contract is between you and us. No other person shall have any rights to enforce any of its terms.

19.4    Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

19.5    If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

19.6    The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

19.7    We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).

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