Part 1 - General Regulations

§ 1 Definitions

• (1) Offer: The products and services offered by the service provider, which can be ordered or utilized by the user through the "comitgo" platform from the service provider.
• (2) Order: The order of an offer from a service provider through the platform by the customer.
• (3) Users: Users are consumers and entrepreneurs who use the comitgo service as end customers, i.e., the final purchaser of the goods or services. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. Entrepreneurs within the meaning of the terms and conditions are natural or legal persons or legally capable partnerships who act in the course of concluding the legal transaction in the exercise of their commercial or independent professional activity.
• (4) Platform: The website(s), apps, and tools provided by comitgo under the name "comitgo".
• (5) Service provider: A company that uses the platform to conclude contracts for offers, particularly regarding the selection and ordering of food and beverages as well as making table reservations.
• (6) Comitgo: is the operator of the platform "comitgo".
• (7) Service: The free services offered to the user by comitgo through the platform, including the transmission of orders to the respective service provider. The services to be provided by the service provider under the contract, on the other hand, are not part of comitgo's services.
• (8) Contract: An agreement between the user and the service provider regarding an order or another service (e.g., table reservation). The parties to the contract are the user and the service provider, but not comitgo.

§ 2 Applicability

• (1) The present terms and conditions are exclusively directed at the user.
• (2) The service can only be used by the user.
• (3) The present terms and conditions apply to the use of the comitgo service (and thus to the contractual relationship between comitgo and the users) in their version valid at the time of registration.
• (4) By placing an order, the user enters into a contract with the service provider for the performance of the offer selected by the user.
• (5) Comitgo is not responsible for the offer and/or the contract between the user and the service provider. The content of the concluded contracts is exclusively determined by the statements of the parties involved in the conclusion of the contract (user and service provider) as well as the possibly existing general terms and conditions of the respective service provider.
• (6) Individual contractual agreements take precedence over these terms. Deviating, opposing, or supplementary conditions do not become part of the contract unless their validity is expressly agreed upon.
• (7) For the ordering of goods (delivery or pickup at the restaurant), the special regulations of Part 2 of this contract apply in addition to the regulations in Part 1.

For the provision of the possibility of a table reservation, the special regulations of Part 3 of this contract apply in addition to the regulations in Part 1.

§ 3 Offer

The offer published on the platform is published on behalf of the respective service provider. Comitgo does not verify the accuracy or completeness of the offer and is not responsible for the execution of the contract.

§ 4 Conclusion of Contract between the Service Provider and the User

• (1) The contract for services provided by the service providers (e.g., food and beverages, table reservations) that are ordered through the platform is concluded exclusively between the user and the respective service provider.
• (2) It is hereby expressly referred to the regulations under Part 2 and 3 of these GTC.

§ 5 Conclusion of User Agreement between Comitgo and the User (Registration)

• (1) The use of the Comitgo service requires user registration. The prerequisite for this is the provision of an email address and a password chosen by the user; further mandatory information is derived from the input mask. After submitting the registration, the user receives an email with a verification link. Only after clicking the link can the registration be successfully completed and the user gain access to their user account.
• (2) The use of the service is free of charge for the user.
• (3) "Comitgo" stores the registration, and the user can access it in their account.

§ 6 Age

• (1)Ordering and using the service is only permitted for individuals aged 18 or older, or minors, provided that there is appropriate consent from their legal guardians.

§ 7 Right of Withdrawal for Users (Consumers) Towards the Service Provider

Comitgo receives the user's (consumer's) withdrawal declaration on behalf of the service provider.

a) Exclusion of the Right of Withdrawal

• Contracts for the supply of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is essential or which are clearly tailored to the personal needs of the consumer.
• Contracts for the supply of goods that can spoil quickly or whose expiration date would be quickly exceeded.
• Contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons if their seal has been removed after delivery.
• Contracts for the supply of goods if, after delivery, they have been inseparably mixed with other goods due to their nature.
• Contracts for the provision of services in the areas of accommodation for purposes other than residential, transportation of goods, car rental, delivery of food and beverages, and other services related to leisure activities, if the contract provides for a specific date or period for the provision.

b) Cancellation Policy for Services

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day the contract was concluded.

To exercise your right of withdrawal, you must inform us (____) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post, fax, or email). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract.

We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.

c) Model Withdrawal Form

(If you want to withdraw from the contract, please fill out this form and send it back.)

To _________________
I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/ the provision of the following service (*).
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:
(*) Delete as appropriate.

§ 8 Content of Service

• (1) Comitgo offers a platform where the user can place an order with the service providers. In this context, Comitgo technically establishes the connection between the servers of the service provider and its own server so that the user can place the order directly with the service provider.

§ 9 Rights and Obligations of the User

• (1) To use the service of Comitgo to its full extent, the user must use the latest common (browser) technologies or enable their use on their computer (e.g., activation of JavaScript, cookies, pop-ups). If older or non-standard technologies are used, the user may only be able to use Comitgo's service to a limited extent.
• (2) During registration, the user must set a password and an email address, along with other mandatory information visible in the input form for their user account. The user must ensure that the account is used solely by them and that access data is not made accessible to third parties. For their own protection and online security, the user should change the password regularly.
• (3) The user is obliged to update their personal data in their member account immediately if there are any changes.
• (4) The user is obliged to inform Comitgo immediately of any unauthorized use of their password or user account and any other breaches of security regulations. The user is liable to Comitgo for any misuse of their user account caused by them or permitted by them.
• (5) Comitgo grants the user, for the duration of the usage agreement, the simple, non-transferable, and non-sublicensable right to use the service on the platform in accordance with the terms of use.
• (6) The user is obliged to use the services of Comitgo only in such a way that no rights of third parties, personal rights of others, or other laws and regulations are violated. In particular, the regulations mentioned in § 11 of these Terms and Conditions must be observed.

§ 10 Rights and Obligations of Comitgo

• (1) The legal owner of the platform(s) created by Comitgo is Comitgo. All copyright, trademark, and other intellectual property rights to the database, content, data, and other elements belong exclusively to Comitgo. Any rights of users to the content they upload remain unaffected.
• (2) Comitgo strives to make the service available without interruption. However, despite all due care, interruptions may occur, particularly due to maintenance work, software updates, or technical and other issues beyond Comitgo's control (force majeure, third-party fault, etc.). Comitgo will attempt to restore the service as quickly as possible but cannot guarantee uninterrupted access and operation.
• (3) Comitgo reserves the right to take certain services of the platform or the entire platform offline, either partially or completely, when necessary for maintenance or repairs, provided it is reasonable for the user.
• (4) Comitgo is entitled to modify or discontinue individual services of the platform or the entire service.
• (5) Comitgo reserves the right to delete information from the system, revoke a user’s access, reject registrations, or temporarily suspend access if the user unlawfully uses the platform or service or violates these terms, particularly those in § 11. The user will be informed immediately by email in such cases. In the event of violations of applicable laws, Comitgo may forward relevant information to the competent authorities.

§ 11 User Content, Prohibited Content, and Conduct

• (1) "Content" refers to all data and information uploaded by the user (including text, images, files, graphics, numbers, etc.).
• (2) The user is solely and fully responsible for all content stored, published, or transmitted using the service and/or platform.
• (3) Comitgo does not review user-generated content. Therefore, Comitgo assumes no responsibility for the accuracy, appropriateness, or quality of such content.
• (4) The user grants Comitgo a non-exclusive, worldwide, perpetual, irrevocable, transferable, and royalty-free right to use, edit, and exploit content posted by the user. This includes reproduction, distribution, and public accessibility rights. The user waives the right to be named as the author.
• (5) Comitgo will store and publish user content only for the duration of the user agreement. After termination, such content will be deleted unless otherwise agreed upon.
• (6) Users are prohibited from uploading content that violates these terms, legal regulations, official orders, or public decency. Comitgo will investigate reports and take appropriate actions.
• (7) In particular, users may not:
  • (a) Store, publish, or transmit illegal, harmful, threatening, abusive, harassing, defamatory, obscene, racist, or objectionable content or content harmful to minors.
  • (b) Upload content that infringes third-party rights (e.g., patents, trademarks, copyrights).
  • (c) Upload material containing software viruses or programs that may disrupt computer systems.
  • (d) Share content that the user is not authorized to distribute.
  • (e) Falsify data to obscure the origin of content.
  • (f) Send unsolicited advertising, spam, or chain letters.
  • (g) Harass, insult, threaten, or spread false claims about others.
  • (h) Collect or transmit personal data of other users without consent.

§ 12 Notice of Legal Violations

• If a user believes their rights have been violated by the content of another user, they should inform Comitgo immediately (see contact details in the imprint).

§ 13 Indemnification

• The user agrees to indemnify and hold Comitgo harmless from any claims or demands made by third parties due to content that the user stores, publishes, or transmits via Comitgo's service or platform. This includes covering legal defense costs (e.g., attorney and court fees), provided the user is responsible for such violations under applicable laws.

§ 14 Termination

• The user agreement runs for an indefinite period.
• The user agreement between Comitgo and the user regarding the use of the platform may be ordinarily terminated by Comitgo in text form (e.g., by email) with a notice period of two (2) weeks.
• The user may terminate the user agreement with Comitgo at any time without notice in text form (e.g., by email to ______) or by clicking the corresponding button in their user account.
• The right to extraordinary termination for good cause remains unaffected.
• Termination of the user agreement has no effect on orders already placed and their processing. Obligations arising from the contractual relationship between the service provider and the user, especially payment obligations regarding individual orders, remain unaffected. The agreements between the user and the service provider, particularly the general terms and conditions of the service provider, apply to the termination of the contractual relationship between the service provider and the user.

§ 15 Processing of Personal Data

• Comitgo processes personal data related to the user. The processing of personal data is subject to the provisions of the privacy policy (LINK).

§ 16 Limitation of Liability

• For slightly negligent breaches of duty, liability is limited to the foreseeable, contract-typical average damage. This also applies to slightly negligent breaches of duty by legal representatives or vicarious agents of Comitgo.
• Comitgo is not liable for slightly negligent breaches of non-essential contractual obligations but is liable for breaches of essential contractual rights of the user.
• The above limitations of liability do not affect claims arising from guarantees and/or product liability, nor do they apply in cases of malicious intent, bodily injury, or death attributable to Comitgo.
• Where links provide access to other websites, Comitgo is not responsible for their content and does not adopt these contents as its own. If Comitgo becomes aware of illegal content on external websites, access to such sites will be blocked immediately.
• Comitgo is not liable for the offers, accuracy, and completeness of the information, the execution of the contract, and/or the availability of the platform.

§ 17 Miscellaneous, Dispute Resolution

• German law applies. For consumers who conclude the contract for purposes that are not related to their commercial or professional activities, this choice of law only applies insofar as it does not deprive the consumer of mandatory protections provided by the law of the country in which the consumer has their habitual residence. The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.
• We are obliged to inform you that the European Commission provides an online platform for online dispute resolution, which can be accessed at: https://ec.europa.eu/consumers/odr. Our email address is: _______. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
• The contract language is German.
• Changes to these terms and conditions will be communicated to the user after login. If the user does not agree, both the user and Comitgo have an extraordinary right of termination.

Part 2 - Special Provisions for the Ordering of Goods (Food and Beverages)

§ 18 Conclusion of Contract between the Service Provider and the User

• The contract for services provided by service providers (e.g., food and beverages) ordered via the platform is concluded exclusively between the user and the respective service provider.
• Such contracts concluded via the platform bind exclusively the user and the respective service provider. Comitgo is not a contracting party but acts solely as a technical provider and intermediary of the contract concluded between the service provider and the user.
• The presentation of services on the platform does not constitute a legal offer by the service provider but only an invitation for the user to submit an offer in the legal sense.
• The user can select services by clicking the "_______" button. Input errors can be corrected until clicking the "Place Order with Obligation to Pay" button using the back buttons or standard device functions. By clicking this button, the user submits a binding offer for the selected services.
• The service provider will confirm the user's order without delay via email.
• The contract is concluded upon the earliest occurrence of:
  • Dispatch of the order confirmation, or
  • Delivery/pick-up of the goods, or
  • Request for payment after the order.
• The respective service provider and Comitgo will store the order and input data according to legal requirements. Users can print or save the order data as a PDF immediately after placing the order or access it under "My Account" on the platform.

§ 19 Discounts on Service Provider's Services

• The service provider may offer customers discounts of varying amounts for specific ordering times as part of their offers. The amount of the discount and the applicable time periods will be indicated by the service provider in the respective offers.
• Discounts do not apply uniformly to all food and beverages. A discount will only be granted if it is indicated for the respective product.

Part 3 - Special Provisions for Table Reservations

§ 20 Conclusion of Contract Between the Service Provider and the User

• The contract for a table reservation made via the platform is concluded exclusively between the user and the respective service provider.
• Such contracts concluded via the platform solely authorize and obligate the user and the respective service provider. Comitgo is not a contractual partner concerning the services offered by the service provider on the platform but merely acts as a technical provider and intermediary. Comitgo facilitates contract conclusions by providing the platform, presenting and promoting the service provider's offers, and receiving and transmitting declarations relevant to the contract conclusion without making its own declarations.
• The presentation of services on the platform does not constitute a legal offer by the service provider but merely an invitation for the user to submit a legal offer.
• The user can select services from the service provider on the platform. Input errors can be corrected using the back buttons and standard device functions until the "Reserve Table" button is clicked. By clicking the "Reserve Table" button, the user submits a binding offer.
• The user will immediately receive a confirmation via email. The contract for the respective table reservation is concluded upon receipt of this email.
• The respective service provider and Comitgo will store the booking and entered reservation data in accordance with legal requirements. Users can print or save the reservation data as a PDF immediately after a reservation via the platform and can access their reservation data in the "My Account" section.

§ 21 Cancellation of Table Reservations

• Reservations can be made up to 30 minutes before the desired reservation period.
• Users can cancel reservations up to 30 minutes before the reservation time.

§ 22 Discounts on Service Provider's Services

• The service provider offers customers discounts of varying amounts at certain times in connection with a table reservation. The amount of the discount and applicable periods will be specified by the service provider in the respective offers.
• The discount applies exclusively to à la carte dishes and does not apply to other services such as buffets, beverages, or other special offers provided by the service provider.

§ 23 Redemption of Comitgo Vouchers

• Users can redeem vouchers issued by Comitgo at participating service providers in connection with table reservations.
• Vouchers refer to benefits provided by Comitgo to users free of charge as part of (promotional) campaigns. They cannot be purchased.
• Vouchers may be limited to a specific period. Additionally, certain products may be excluded from the promotion if such restrictions are specified in the voucher's terms.
• Only one voucher or corresponding voucher code can be redeemed per table reservation.