General Terms and Conditions

forDiners shall provide the consumers and Suppliers of restaurant services this booking Platform. forDiners is a service which connects you to curated local restaurants, set-menu dinners and reserves a table for you.

Furthermore, forDiners shall also provide this booking Platform to certain cooperating partners (sub-agent/ distribution partner) for the booking of the Supplier’s restaurant services. The use of this Platform by sub-agents or distribution partner requires a separate contractual agreement and is not permitted without the prior written authorization of forDiners.

forDiners Terms of Use
1. Application of these Terms of Use

These terms of use (the "Terms of Use"), together with our privacy policy (the "Privacy Policy"), apply to any use of the Website. Visitors of the Website ("User" or "you") may use the Website only on condition that they accept the Terms of Use and read and understand the Privacy Policy. Any further use of the Website or any part of it means you have read and understood the Terms of Use and the Privacy Policy, and agree to be bound by all parts of the Terms of Use.

2. No offer

The information on this Website is for general informational purposes only. Information on this Website does not constitute an offer binding to us. Binding agreements with Suppliers of restaurant services available on the Website require a booking request through the forDiners Platform and the Supplier's acceptance of the booking request according to the General Terms and Conditions of forDiners.

3. No warranty

While forDiners tries to ensure that the information in or through the Website is accurate, it does not provide any warranties, express or implied, in relation to its correctness, completeness, current, reliability, suitability for any purpose or otherwise (including for any information provided by third parties). forDiners may change, add or remove information on the Website and its structure and functions at any time at its sole discretion, without specifically informing of any such change, and without removing outdated information or characterizing it as such. forDiners may also block Users from accessing the Website or parts of it, or requires certain conditions to be fulfilled for such access. forDiners does not provide any warranties, express or implied, in relation to the availability of the Website or its functions, that the Website is free from defects, or that the Website and the infrastructure on which it runs is free from viruses and other harmful software. Moreover, forDiners does not guarantee that information available on the Website has not been altered through technical defects or by unauthorized third parties.

5. Limitation of liability

forDiners excludes its liability, and that of its agents and independent contractors, and its and their employees and officers, and its sub-agents or distribution partners for damages relating to your access to (or inability to access) the Website, or to any errors or omissions, or the results obtained from the use, of the Website, whatever the legal basis of such liability would be, except liability for damages caused willfully or through gross negligence, and only to the extent permitted by applicable law. Restrictions of liability do not apply within the scope of guarantees issued, in the event of an injury to life, limb or health or for claims based on product liability regulation.

6. Third party content and links to other websites

forDiners does not assume any responsibility for third party content (including any activities available for booking requests, and information relating to such activities) that may be available through the Website, and for content linked to the Website or which are linked to from it or referred to. forDiners oes not recommend or endorse such content, and will not have any liability relating to it. Where forDiners links to third party websites, you use such websites at your own risk. We recommend reading the policies of these websites and review how these websites may process personally identifiable data relating to you. If you think we have illicit content on the Website, please send an email to customerservice@forDiners.com

7. Limited forDiners web app license

forDiners hereby grants to you a non-exclusive, non-transferable, non-sublicensable, revocable, royalty-free, worldwide right to use the forDiners App according to these Terms of Use and provided that you are and will always be in compliance with these Terms of Use. You may (i) only use the forDiners App in object code form and for your personal purposes (if you are a consumer) or for your internal business purposes (if you are a business); (ii) only use such number of copies of the forDiners App and make such number of backup copies of the forDiners App as may be necessary for its lawful use; (iii) not nor permit any third party to copy, adapt, reverse engineer, decompile, disassemble, modify, adapt or make error corrections to the forDiners App in whole or in part; (iv) not rent, lease, sub-license, loan, translate, merge, adapt or modify the forDiners App or any associated documentation; (v) not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the forDiners App nor attempt to do any such things.

8. Intellectual property rights

As between you and forDiners , the Website is and remains protected by copyright and/or any other intellectual property rights (including protection granted through unfair competition law). You acquire no rights in the Website, and in any names, trade names, and distinctive signs of any nature (including trademarks) published on the Website. You may access and view the Website, but not incorporate it into other websites, and not copy, present, license, publish, download, upload, send or make it perceptible in any other way without our prior written consent.

9. Amendments to the Terms of Use

forDiners may amend these Terms of Use at any time and with immediate effect. If we make amendments, they apply as of the date of their publication on the Website. forDiners expects you to regularly refer to this section to make sure you are familiar with the applicable Terms of Use. Any further use of the Website following such amendments means you consent to the amendment.

10. Applicable law and jurisdiction

The law of the Finland shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. If you have placed the order, as the consumer, and at the time of the order your normal place of residence is in another country, the application of the mandatory legal provisions of this country remain unaffected by the choice of law in clause 1. The exclusive place of jurisdiction is Helsinki, provided the user is a tradesperson as per the German Commercial Code or does not have a permanent place of residence in Germany when the suit is filed. The legally-binding places of jurisdiction remain unaffected by this.

forDiners – User Terms and Conditions for the online offer of forDiners Platform
1. Introduction

1.1 forDiners intermediary Platform for tourist offers in the form of an online offer via the internet and apps (hereinafter jointly referred to as the “forDiners Platform”). On the forDiners Platform users have the chance to request and book restaurant set/menus and reserve tables primarily in Japan.

The offers are placed online by a range of local restaurants primarily in Japan (hereinafter referred to as “Suppliers”) with whom the respective contract for restaurant services is concluded (“service agreement”). The Suppliers’ services can be accessed via the forDiners Platform and bookings can be made.

1.2 forDiners approaches both, consumers and companies. For the purposes of these General Terms and Conditions, the following applies:

a. A “consumer” is any individual person who has concluded a contract for purposes which cannot be predominantly assigned to commercial or independent work activities

b. A “company” is a natural person or legal entity, or a partnership, which is performing its commercial or independent activities by concluding this contract.

c. The “user” denotes a natural person, unless this person has been explicitly registered with forDiners as a legal entity. The actions and omissions that take place during the registration of a legal entity are allocated to a natural individual, unless they are carried out within the framework of their power of attorney for the legal entity. The “user” subsequently also includes users referred by sub-agent or distribution partners.

2. Subject matter of these General Terms and Conditions

These General Terms and Conditions apply to any use of the forDiners Platform, such as via the internet and apps. The contractual relationship between the user and forDiners generally only comprises the proper referral of users to the respective Supplier, or the transfer of data via users who are provided by a sub-agent. forDiners does not appear itself as the organizer, lessor, seller or another contract partner with regards to the tourist service agreement with the user.

Consequently, General Terms and Conditions of forDiners shall apply to offers on the forDiners Platform and the provision of users to the Supplier. Part II of the General Terms and Conditions apply to the use of forDiners Platform by cooperating partners (sub-agents or distribution partners), subject to special contractual agreements concluded with the respective cooperating partner.

3. Registration

3.1 The use of forDiners Platform’s offer can generally be done anonymously.

3.2 Certain types of use of forDiners Platform, such as requesting offers and reservation to the restaurant require registration. During registration, the user sends an electronic registration form and consents to the General Terms and Conditions. The registration with forDiners only concluded once a confirmation is sent to the e-mail address specified by the user. Natural individuals must be over the age of 18 in order to register. The user has to keep the password he/she sets secret and take suitable precautions to prevent third parties from becoming aware of it.

3.3 The creation of more than one user account for the same natural individual or legal entity is not permitted. The user account cannot be transferred.

4. Services of forDiners and Conclusion of contract

4.1 Once the user has entered his/her desired service on the forDiners Platform (e.g. destination, type of restaurant, time, number of participants & price options), forDiners shall request the Suppliers’ to offer restaurant services (“service information“)

Based on this information, the user can, where applicable after checking availability, make a contractual offer, by placing an offer, to be sent to the respective Supplier, whereby the sub-intermediates act on behalf of the referred user. This happens, after the selection and transfer to the shopping basket, by clicking on the button “confirm and book” and user paying the seating fee.

4.2 The user is bound to his/her binding offer for two working days.

4.3 The Supplier reserves the right to not allow the user to undertake an action, or to exclude it, if they do not meet the conditions. In this case the paid price shall not be refunded.

4.4 forDiners shall provide the user with a reservation confirmation issued in the name of, and on behalf of, the Supplier, as well as payment confirmation. The use of the forDiners Platform itself is essentially free of charge for the user, but confirming the offers costs a fee per seat. The costs for the technical access to the forDiners Platform (e.g. internet access) are to be borne by the user. forDiners is permitted to collect the invoiced amounts in the name of, and behalf of the Supplier.

4.5 forDiners shall forward the user any data for the use of a Supplier’s service according to the applicable conditions (such as reservation data), once they have been received by the Supplier.

4.6 forDiners assumes no guarantee for the accuracy of forwarded data, or for the performance of services by the Supplier, as all the information indicated and forwarded is based on data from Suppliers or third parties, which forDiners cannot check in detail.

5. Payments on forDiners

5.1 The service agreement concluded with the Supplier shall apply to the fees to be paid by the user for the services of the Supplier.

5.2 forDiners is permitted to collect the seating fee amounts from the user.

5.4 To use the payment functions of forDiners, the user has to register. The user has to enter correct payment information and update the details immediately in the event of changes.

5.5 Upon the authorization of the payment, the user consents to his/her payment information being used for the collection of payments by the creditor. forDiners reserves the right to make the use of the payment function of forDiners dependent on a check of the credit rating of the user.

6. Pricing of forDiners

6.1 All prices on forDiners are quoted per group and include VAT and all other taxes. Local taxes may be charged at the restaurant.

6.2 These prices specified by the Suppliers may be subjected to special conditions, for example with regards to cancellation and the refunding of payments made.

8. Duties and obligations of the user

8.1 The user shall keep the registration data (user login and password) secret and not allow third parties access to forDiners Portal using his/her registration data. The user shall be accountable for all use of his/her user account on forDiners Portal.

8.2 After receiving the service information, the user can send any requests for offers and orders to forDiners for forwarding to the Supplier.

8.3 The user shall exempt forDiners from third-party claims based on his/her use of the forDiners Platform, unless they are the fault of forDiners.

9. Availability and warranty

9.1 There is no claim for availability, quality or service features, or technical support for the forDiners Platform. forDiners can redesign, reduce or suspend their online portal forDiners at any time, at its discretion. Existing agreements of the user with a Supplier, as well as the execution of these agreements, remain unaffected by these changes.

9.2 forDiners makes no guarantee or warranty for the accuracy or completeness of data provided by third parties (such as Suppliers).

9.3 forDiners makes no guarantee or warranty for the services provided by the Suppliers. The contact partner of the user in the event of questions and claims in connection with a service agreement and its execution is the respective Supplier.

9.4 Provided forDiners does not have any obligation to the user, forDiners also provides no guarantee.

10. Liability of forDiners

10.1 forDiners is not liable for defects in the performance of the service and personal or material damage incurred by the user in connection with the restaurant service provided.

10.2 The liability of forDiners for contractual claims of the user is limited to three-times the price of the seating fees procured, except for any violation of a key obligation, which needs to be fulfilled in order to allow the proper execution of the brokering agreement or the violation of which endangers the fulfilment of the contractual purpose.

10.3 For ordinary negligence, forDiners is only liable for the violation of a key contractual obligation and only for foreseeable and typical damage. Key contractual obligations are obligations which need to be fulfilled to make the proper execution of the contract possible and whereby the user can regularly rely on them being met.

11. Termination

Users can cancel their registration on forDiners Portal at any time by blocking their user account. forDiners can cancel a registration unilaterally with one week’s notice.

12. Evaluation function of forDiners

12.1 Users have the opportunity to have personal influence on the content of forDiners Platform by writing dining reports in the form of evaluations, or uploading pictures (“user content”). Users are fully responsible for the user content they provide. They ensure that the content is correct and guarantee that the content does not contain any misleading or illegal statements or details. Furthermore, users guarantee that the content does not violate third-party rights. Under no circumstance and in no way does forDiners make user content its own, it merely provides a Platform.

12.2 forDiners can use user content in various ways. This includes displaying it on the website, reformatting, editing for more clarity or better grammar, incorporation into adverts or other work.

12.3 forDiners can remove or report user content where necessary and at its own discretion. For example, forDiners can remove user content if it violates the forDiners principles for content, in the opinion of forDiners. forDiners is not obliged to store copies of user content or provide copies thereof. forDiners does not guarantee the confidentiality of user content.

12.4 forDiners and its distribution partners or sub-agents can display adverts and other information together or next to the user content on the website and other media. Users have no claim to remuneration for these adverts. Subject to changes regarding the type and scope of these advertising measures. The user does not need to be specially notified of this.

12.5 The users shall fully indemnify forDiners and its distribution partner or sub-agents from all third-party claims (incl. suitable costs for legal prosecution and defence) at first request, which these third parties assert against forDiners concerning the user content provided by the user. This also applies if the contested content can no longer be accessed on forDiners Platform. This does not apply if forDiners is responsible for the legal violation. In the event of recourse by third parties, users have to immediately, truthfully and completely provide forDiners with all the information necessary to verify the claims and defend them.

13. Data protection

13.1 forDiners collects and uses personal data of users to the extent that is necessary for the creation, design of content or modification of the contractual conditions for forDiners between the user and forDiners.

13.2 If forDiners is involved in the communication for a service agreement between the user and the respective Supplier, it shall transfer the data required for this agreement to the respective Supplier. This Supplier processes and uses the data to initiate, conclude and execute the contract on its own responsibility. The identity of the respective Supplier can be taken from the booking dialogue.

13.3 Further information can be found in the data protection conditions of forDiners at http://www.forDiners.com/privacy-policy

14. Changes to these General Terms and Conditions

14.1 forDiners reserves the right to change these General Terms and Conditions at any time and without stating the reasons. forDiners will only make changes affecting the user, which the user must agree to in consideration of mutual interests. If a user does not reject the validity of the new General Terms and Conditions within two weeks of the receipt of the e-mail, the amended General Terms and Conditions are deemed to have been accepted. forDiners will notify the user, in the e-mail containing the amended conditions, of the importance of this two-week deadline.

14.2 These Terms and Conditions can be amended at any time and without notice for future intermediation of contracts with Supplier. The respective conditions valid for each individual contract conclusion shall apply.

General Terms and Conditions of the Supplier of restaurant services
1. Introduction

General Terms and Conditions apply to all contracts concluded between the Suppliers and the users via the forDiners Platform. This also applies, if access to the forDiners Platform is provided via a cooperating partner (sub-agent, distribution partner).

2. Truthful details

The details transferred via the forDiners Platform must be truthful. The Supplier reserves the right to withdraw from the contractor to exclude users from participating in the service and to demand compensation amounting to the cancellation costs.

3. Arrival at the Supplier

You are responsible for arriving on time at the Supplier restaurant for your reservation.

5. Binding nature of the request

The contract between you or the user you have referred and the Supplier comes into effect upon the acceptance of your binding request by the Supplier.

When you make a reservation, you make the Supplier a binding offer which you, or the user you have referred, are bound to for two (2) working days before your reservation time. If the Supplier accepts your offer within this period of time, the contract comes into binding effect. You, or the user referred by you, receive notification of this by e-mail.

6. Payment

The agreed total price for the service we have provided is due upon the conclusion of the contract.

8. Self-responsibility for insurance

The price of the services does not include insurance. You are responsible for providing sufficient insurance protection.

10. Exchange of messages

All messages between you, or the user you have referred, and the Supplier shall be done via the forDiners Platform. In the interest of quick processing, it is recommended to exclusively use the forms provided by forDiners.

11. Cancellation guidelines

11.1 If you reject (cancel) the confirmed dinner, the cancellation conditions stated in the product description, as well as your offer, apply. forDiners advises the user to carefully read the information in the product description.

11.2 The refund is done using the same payment method. In the event of credit cards which are charged monthly, the amount shall be credited at the end of the current invoicing period. The exact time of the refund depends on the user’s credit card agreement.

12. Extraordinary cancellation

The Supplier can cancel the activity on the agreed date without observing a period of notice, if weather conditions, official measures, strikes or other unforeseeable or unavoidable external conditions (in particular force majeure) make the execution of the activity impossible, make it considerably more difficult or endanger it. In this case, the paid price is refunded.

13. Exclusion of participation

The Supplier is permitted not to allow you to dine at their restaurant, or to escort you out from the restaurant if you do not meet the personal requirements set by the Supplier. In these cases, the paid price cannot be refunded.

14. Changes to the menu

Furthermore, the Supplier reserves the right to make non-essential changes to the menu, if this is necessary due to unforeseeable or unavoidable conditions.

16. Time zone

For calculations of the time and deadlines, the time zone of the Supplier is authoritative.

17. Liability of the Supplier of the dinner and the restaurant service

The Supplier is liable in accordance with the applicable law for its services, whereby the liability if permitted according to the applicable law, is excluded.

18. Change to these General Terms and Conditions

These Terms and Conditions of the Supplier of restaurant services can be amended at any time and without notice for future bookings. The respective conditions valid for each individual booking shall apply. The user has no claim for future bookings based on the existing conditions.

Website Host:
Periferia Trading Company T/A forDiners
Osaka, Japan
Management:
Jussi Eskelinen, Teemu Eskelinen
Contact Information:
customerservice@fordiners.com
Notation based on the Specified Commercial Transactions Law
The Service Provider

Name of Service Provider: forDiners Japan

Representative: Teemu Eskelinen

Address: 2-chōme-2 Hōjō, Daito, Osaka 574-0011

Phone: 050-3553-8187

Email: customerservice@fordiners.com

Operating times: Weekdays, 09:00 - 17:00 (Local time)

Payment Methods

forDiners accepts only Credit Card payment.

We use Stripe as our payment service provider and do not save any payment information on our servers.

The following cards are supported:
Visa
Mastercard
American Express
Discover
JCB
Diners Club

forDiners uses pre-payment method, meaning as you reserve a dinner from our service, you will be charging the card at the moment of payment. If you cancel your reservation forDiners will reimburse the payment according to the cancellation terms.

There is no additional or hidden fees. Everything that is due, will be presented on offer cards and before you conduct payment.

Tax

forDiners Japan is offering this service in Japan and thus will comply to the Japanese consumption tax of 8% at the moment. The consumption tax is included in all prices.

Cancelling Terms

If you reject (cancel) a confirmed dinner, the cancellation conditions stated in the product description, as well as your offer, apply. forDiners advises the user to carefully read the information in the product description.

Regarding the Refund
The refund is done using the same payment method. In the event of credit cards which are charged monthly, the amount shall be credited at the end of the current invoicing period. The exact time of the refund depends on the user’s credit card agreement.
Validation of reservation.
Your reservation is valid after we confirm your payment and secure your seatings. We will notificate you via email on both events. During operating hours, payment confirmation is instantaneous and seat securing takes up to 1 hour depending on amount of active open reservations.
If we can not confirm payment 2 hours before reservation start time, the reservation is automatically canceled without any fees.

forDiners - Culinary experiences loved by locals

forDiners is the leading online service to find, compare quotes and reserve culinary experiences from local Japanese restaurants. Make decisions and eat like a local in Japan. More about us.