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DISH General Terms of Use for Guests

1 Definitions
2 Scope
3 The Registration
4 Termination, blocking and deletion of the Guest Account
5 The Offer
6 Withdrawal
7 Available Content
8 The Reservation
9 Payment
10 Complaints Settlement
11 Newsletter
12 Liability
13 Other
Contact Information

1 Definitions

Agreement: an Agreement between the Guest and the Restaurant regarding an Order, the collection of the Order or a Reservation.

Guest / End Client: a natural person (over 18 years) or legal entity placing an Order or making a Reservation through the “DISH Dine”.

DISH: DISH Digital Solutions GmbH, Metro-Strasse 1, 40235 Düsseldorf, Germany operating under the name of “DISH”.

DISH Dine: the website(s), apps, tools and other equipment of DISH and its affiliated companies and business partners on which the Service is made available.

Offer: the range of products and services offered by the Restaurant that can be ordered by the Guest through DISH Order Restaurant Webshop.

Order: an order placed by the Guest with the Restaurant through the DISH Order Restaurant Webshop as regards the Offer.

Reservation: a Reservation made by the Guest with the Restaurant through DISH Reservation Website.

Restaurant: entrepreneurs (§ 14 of the German Civil Code (BGB)) who are active as such in the gastronomy and food industry. Natural persons (sole proprietors) must be of full age and have unlimited legal capacity. DISH may also grant access to entrepreneurs from other industries as well as other legal entities or associations of persons, provided that DISH deems this to be compatible with the purpose of the DISH Platform.

Restaurant information: the information about the Restaurant, company and contact information, product range (meals, side dishes, options, and beverages, including allergens – if provided by the Restaurant), prices for each individual product (including VAT), company logo, graphics, delivery or pick-up options, minimum order amount and other similar information about the Restaurant.

Service: the commercial services and/or activities that are offered to the Guest by DISH, including the listing of the DISH restaurants, directing the Guest to chosen Restaurant’s DISH Order Restaurant Webshop (hereinafter referred to as “Webshop”), directing the Guest to chosen Restaurant’s DISH Reservation website. The agreement with and services provided by the Restaurant to the Guests are not part of the service of DISH.

2 Scope

2.1 These DISH General Terms of Use for Guests (“Terms of Use for Guests”) apply to the use of the services, benefits and content offered by DISH Digital Services GmbH, Metro-Straße 1, 40235 Düsseldorf, Germany (“DISH”) via the website www.dish-dine.com to you (“Guests”).

2.2 DISH provides Services of the DISH Platform to Guests solely on the basis of these Terms of Use.

2.3 DISH is not responsible for the Offer. The general terms and conditions of the Restaurant shall be applicable to the Offer in addition.

2.4 The Guest can enter an address to have a more accurate display of the Restaurants, depending on the proximity. The Guest can use the filtering feature to adjust the display of the Restaurants according to his/her own preferences.

2.5 All obligations arising from the Reservation or the other restaurant services offered exist directly and exclusively between the Guest and the Restaurant. There is no contractual relationship between the Guest and DISH that goes beyond the directing Guests to the Webshop and/or DISH Reservation Website.

2.6 The provisions of services offered by DISH for the Guest is free of charge. Therefore, DISH does not guarantee an uninterrupted availability of the services to the Guests.

3 The Registration

3.1 In order to use the Service, Guests may log in or create an account by providing all necessary data or information completely and truthfully. The Service can also be used without registration or creation of an account; however, this may result in limited availability of certain features.

3.2 When registering, the Guests agree to be responsible for all actions taken in connection with their username and password. The Guest must ensure that the account data is kept confidential and secure. Therefore, the Guest must choose a password that meets the security requirements. The Guests are obliged to inform DISH immediately and unambiguously if there is a reason to believe their personal information, including Guest accounts and related data, has been violated, unlawfully disclosed, or stolen.

3.3 The creation of Guest accounts by bots or other automated methods is not allowed.

4 Termination, Blocking and Deletion of the Guest Account

4.1 The Guest account can be deleted at any time by contacting the provider directly via the contact details provided in this document.

4.2 DISH reserves the right to block or delete Guest accounts that it deems inappropriate or offensive or which, in DISH’s own discretion, violate the General Terms of Use, at any time and without prior notice.

4.3 The Guest cannot incur any claims for damages, indemnification, or reimbursement due to the blocking or deletion of the Guest account.

5 The Offer

5.1 DISH provides the Guest “DISH Dine” to access DISH Restaurants as part of DISH services. The Guest can choose a Restaurant to place an Order. After the Guest chooses the Restaurant, DISH automatically directs the Guest to the Restaurant’s DISH Order Restaurant Webshop.

5.2 DISH does not verify the accuracy or completeness of the Restaurant information and is not responsible for the performance of the Agreement.

5.3 The Restaurant can only execute the Agreement if the Guest provides correct and complete contact and address information when placing an Order. The Guest is obliged to immediately report any inaccuracies in the data supplied or mentioned to DISH or the Restaurant.

5.4 The Guest is required to be available by phone or email (as stated when placing the Order) for both Restaurant and DISH for information regarding the status of the Order placed.

5.5 The Guest should be present at the selected time at the collection location of the Restaurant for the Order, as indicated in the confirmation email, text message, or on DISH Dine.

5.6 In case the Guest decides to have the Order delivered, the Guest should be present at the delivery address indicated by the Guest. If the Guest is not present at the delivery address at the delivery time, the Restaurant has the right to decide whether to leave the Order outside of the delivery address.

5.7 If the Restaurant that the Guest places an Order with receives delivery services provided by DISH, in the case it is an offered service, DISH may charge the Guest a delivery fee and/or a service charge cost. The delivery fee and service charge applying to the Order may differ, but it will always be shown on DISH Dine before the Guest places an Order. A receipt for the delivery fee and service charge can be requested from DISH.

5.8 The Restaurant may use ingredients and additives in meals and drinks that could cause allergies and intolerances. If a Guest is allergic to any foodstuffs, DISH advises contacting the Restaurant by telephone for current allergen information before placing an Order. As stated under 2.3, DISH is not responsible for the Offer, including the ingredients and additives that may be contained in the Offer.

5.9 When ordering, delivering, or collecting Orders containing alcoholic products or other products with an age limit, DISH and the Restaurant can, in accordance with the applicable laws and regulations, ask the Guest for identification. In case the Guest is not able to identify themselves adequately or does not meet the requirements, the alcoholic products of the Order will not be delivered. DISH and the Restaurant have the right to refuse the Order entirely. If the Order is not delivered by virtue of this section, the Guest may be charged a cancellation fee, consisting of the value of the alcoholic products of the cancelled Order.

5.10 DISH does not accept any liability relating to the execution of the Agreement.

6 Withdrawal

6.1 The Guest is entitled to a right of withdrawal as long as the Guest is a consumer within the meaning of § 13 BGB (Bürgerliches Gesetzbuch / German Civil Code) and the delivery of goods is not in the scope mentioned in Clause 6.2. According to BGB, a “Consumer” is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed.

6.2 The Guest is not entitled to a right of withdrawal with the Restaurant, as far as the delivery of goods is concerned:

which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (§ 312g (2) no. 1 BGB);
which can spoil quickly or whose expiry date would be exceeded quickly (§ 312g (2) no. 2 BGB);
which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery (§ 312g (2) no. 3 BGB);
if these were inseparably mixed with other goods after delivery due to their nature (§ 312g (2) no. 4 BGB).

6.3 The Guest can exercise their right of withdrawal by cancelling the Agreement with the Restaurant within fourteen days without giving any reason. The cancellation period is fourteen days from the date on which the Guest or a third party named by the Guest, who is not the carrier, has taken possession of the goods (the Order).

6.4 To exercise the right, a clear statement (e.g., a letter or an email) must be sent to DISH (DISH Digital Services GmbH, Metro-Strasse 1, 40235 Düsseldorf, Germany, support-deu@dish.co, +49 211 9699980) about the decision to cancel the Agreement.

6.5 To avoid exceeding the cancellation period, it is possible to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

6.6 If the Guest revokes the Agreement, the Restaurant has to return all payments, including the delivery costs, if applicable, immediately and no later than fourteen days from the date the notification of the cancellation of the Agreement has been received by DISH. For the repayment, the same means of payment the Guest used in the original transaction shall be used by the Restaurant, unless otherwise agreed with the Guest. The Guest will not be charged repayment fees.

6.7 The Restaurant may refuse to repay until it has received the goods (the Order) back or until the Guest has provided proof of returning the goods, whichever is earlier.

6.8 The Guest bears the immediate costs of returning the goods. The Guest only has to pay for a possible loss in value of the goods if this loss of value is due to handling that is not necessary for examining the nature, characteristics, and functioning of the goods.

6.9 The Guest may use the model withdrawal form we provide below:

7 Available Content

7.1 Unless otherwise stated or clearly indicated, all content made available through DISH Dine is the property of DISH and is provided by DISH or its affiliates.

7.2 DISH makes every effort possible to prevent the content provided on DISH Dine from violating applicable law or the rights of third parties.

7.3 If the Guest believes DISH violates the law or the rights of third parties, the Guest is invited to address their complaint preferably to the contact details provided in this document.

7.4 If DISH offers the Guests the opportunity to rate the performance of the Restaurant, the rating must not be radical, sexist, insulting, libellous, or otherwise unlawful, nor should it violate any third-party rights (including but not limited to intellectual property rights). DISH has the right to post the reviews on DISH Dine and remove them if the ratings violate the aforementioned criteria.

8 The Reservation

8.1 DISH provides the Guest “DISH Dine” to access the list of DISH Reservation Website(s). The Guest can choose a Restaurant to make a Reservation. After the Guest chooses the Restaurant, DISH automatically directs the Guest to the Restaurant’s DISH Reservation Website.

8.2 The Guest’s Reservation is only binding for the Restaurant once the confirmation email has been sent to the email address provided by the Guest.

8.3 The Reservation by the Guest is subject to the conditions determined by the Restaurant and is applicable in addition to these General Terms of Use.

8.4 The Restaurant is solely responsible for the accuracy and timeliness of the information provided. DISH has no obligation to the Guest to verify the information provided by the Restaurant.

8.5 The Restaurant is solely responsible for service disruptions and damages incurred by the Guest in connection with the provision of the services owed by the Restaurant. In case of ambiguity or queries about the Reservation, it is the Guest’s responsibility to contact the Restaurant directly.

9 Payment

9.1 The Agreement is concluded in accordance with the provisions of these General Terms of Use for Guests, and when applicable, the Guest is obliged to pay the Restaurant for the Order. The Guest may fulfill this obligation by using an online payment method when offered as a Service via the payment service provider (“Payment Service Provider”) specified by the Restaurant. The Payment Service Provider accepts payments from the Guests using the payment methods for the respective chargeable service (e.g., prepayment, credit card, PayPal) and disburses the funds to the Restaurant. At no time does DISH itself come into possession of the funds. The Guest may fulfill the payment obligations to the Restaurant at the pick-up or at the delivery.

9.2 For the avoidance of doubt, DISH does not come into possession of the funds.

10 Complaints Settlement

10.1 Complaints from the Guest must be filed with the Restaurant regarding the Offer, the Order, the Reservation, or the performance of the Agreement. The Restaurant has the sole responsibility for the Offer and the performance of the Agreement. DISH may only assume a mediating role.

10.2 Complaints from the Guest regarding the Service are to be communicated by means of the contact form, by email, or ordinary mail to DISH, at the contact information stated at the end of these General Terms of Use for Guests.

10.3 Once DISH receives the complaint, it shall react within a reasonable time with a confirmation of receipt.

10.4 Complaints must be filed promptly and within due time after the Guest has detected the shortcomings, providing full details in a clear way to the Restaurant or DISH.

10.5 The European Commission manages an Online Dispute Resolution platform, which can be found at http://ec.europa.eu/odr. DISH explicitly excludes the use of any Alternative Dispute Resolution as referred to in Directive 2013/11/EU. DISH is not willing or obliged to participate in dispute resolution procedures before a consumer arbitration board.

11 Newsletter

11.1 When placing an Order or creating a Reservation, the Guest may also subscribe to the DISH Newsletter. The Guest has the right to unsubscribe from the newsletter at any time by following the steps laid down in the Newsletter.

12 Liability

12.1 As stated in clauses 2.3, 5.2, and 8.4, DISH shall not accept any responsibility or liability for the contents of the Offer, the Restaurant information, and/or the availability of DISH to the Guest.

12.2 DISH is liable for the following points:

12.2.1 In case of liability under the Product Liability Act (Produkthaftungsgesetz), DISH is liable in accordance with the statutory provisions for reimbursement of expenses and damages in case of intent or fraudulent misrepresentation, gross negligence, injury to life, body, or health, upon acceptance of warranty by DISH, and in all other cases of mandatory liability.

12.2.2 In accordance with the statutory provisions, DISH is liable for culpable violation of cardinal obligations for damages. Cardinal obligations refer to all obligations whose infringement jeopardizes the achievement of fulfillment of the Agreement and on whose observance the Restaurant may regularly rely. In cases where the cardinal obligation consists of slight negligence and does not lead to injury to life, limb, or health, claims for damages are limited in amount to the typically foreseeable damage.

12.2.3 Incidentally, DISH is not liable for any claims for damages made by the Guest for any legal cause, including but not limited to a material defect, a lack of rights, and/or breach of another obligation arising from a pre-contractual agreement (e.g., § 311 Abs. 2 BGB), as well as for negligence on the part of DISH, its representatives, employees, or agents under § 311a BGB.

12.2.4 According to the above provisions, if the liability of DISH is limited or excluded, this also applies to the personal liability of the legal representatives, employees, and agents of DISH.

12.2.5 The aforementioned provisions do not intend to exclude or limit a customer's rights to compensation for damages that are justified by the costs of legal action, default interest, or the lump sum under § 288 Abs. 5 BGB.

12.2.6 Damage claims made by the Guest expire according to their statutory deadline.

13 Other

13.1 The law of the Federal Republic of Germany, excluding the UN Sales Convention, is accepted as exclusively the applicable law.

13.2 DISH shall process personal data relating to the Guest. The processing of personal data is subject to the Privacy Policy. The Guest’s attention is drawn to DISH's separate privacy policy for guests; this serves exclusively to inform the Guest and the data subjects in accordance with the provisions of Regulation (EU) 2016/679 (“GDPR”) and is not part of the contract.

13.3 To the extent that a newsletter function is included in the scope of Services, DISH manages the consent of users (opt-in) and, via automatic functions, declared objections or withdrawals of consent (opt-out) in accordance with Article 13 of Directive 2002/58/EC and § 7 (2) of the German Unfair Competition Act (UWG).

13.4 In case any provision of this DISH General Terms of Use for Guests (or any part thereof) is ineffective, it shall not affect the validity of the Agreement between the Guest and DISH regarding the Service or Agreements.

13.5 This DISH General Terms of Use for Guests is written in multiple languages, and all versions shall have equal validity. If there is any conflict or inconsistency between the versions, the English version shall be the governing and prevailing version.

13.6 DISH reserves the right to change or otherwise modify this DISH General Terms of Use for Guests at any time. DISH will inform the Guest appropriately about the changes. Such changes would only affect the relationship with the Guest in the future. By continuing to use the service, the Guest accepts the amended DISH General Terms of Use for Guests.

13.7 If the Guest does not want to be bound by the changes, the usage of the service must be stopped. If the revised terms are not accepted, either Party has the right to terminate the contract.

Contact Information

DISH Digital Solutions GmbH
Metro-Strasse 1
40235 Düsseldorf
Germany
Telephone: +49 211 9699980
Email: support-deu@dish.co

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