Version 2.0 in effect from January 22nd 2018
THIS IS A LONG DOCUMENT CONTAINING SEVERAL IMPORTANT CLAUSES THAT RELATE TO YOUR RIGHTS AND OBLIGATIONS. BY USING THE SITE, YOU ARE AGREEING TO BE BOUND BY:
(i) FIRSTLY, THIS GUEST’S CHARTER,
(ii) THE TERMS AND CONDITIONS PUBLISHED BY EATWITH ON ITS WEBSITES AT WWW.EATWITH.COM SUB-DOMAINS (such as www.eatwith.com, fr.eatwith.com, es.eatwith.com, it.eatwith.com) AND ON EATWITH’S MOBILE APPS. THE CHARTER AND TERMS ARE COLLECTIVELY REFERRED TO AS THE MASTER AGREEMENT. WE WOULD ADVISE YOU TO PRINT A COPY OF THE MASTER AGREEMENT FOR YOUR RECORDS.
1. Binding power of this document and of the Master Agreement
VizEat Ltd is a Private Limited Company under the laws of England and Wales with a share capital of 1,000 Euros with a registered office located at Office G07,
Dowgate Hill House, 14-16 Dowgate Hill, Cannon street, London, EC4R 2SU, United Kingdom listed under the number 8627663 at the Companies House (hereinafter referred to as “VIZEAT”, "EATWITH", “we”, or “us”). Eatwith provides an online platform that connects hosts, who want to offer food experiences, to list and book with guests seeking to book such food experiences (collectively, the “Experiences“), which services are accessible at www.Eatwith.com and any other websites through which Eatwith makes the services available (collectively, the “Site“) and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the “Application“).
By using the Site, Application or Services, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms“), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and constitute a binding legal agreement between you and Eatwith.
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties.
By using the Eatwith Website:
– You are agreeing to be bound to the Guest’s Charter which forms a contract between yourself and Eatwith (hereinafter referred to as the (“Guest’s Charter”);
– You are agreeing to be bound by the terms and conditions of Stripe e-money, set out in the Appendix (hereinafter referred to as “Stripe”), which form a contract between yourself and Stripe (hereinafter referred to as “Terms and Conditions of Stripe”;
– You are expressly renewing your acceptance to be bound by the Master Agreement. We would advise you to read through the Master Agreement again. The Master Agreement and the Guest’s Charter form a contractual whole by which you are bound when you use the Eatwith Website as a “Guest” (as this term is defined in the Master Agreement). In the event of contradiction between a stipulation in the Master Agreement and a stipulation in the Guest’s Charter, the stipulation in the Guest’s Charter shall prevail. If you do not agree to be bound by the Guest’s Charter, you are not allowed to use the Eatwith Website as a Guest.
2. The Possession of a User’s Account
To become a Guest, you must first create a “User’s Account” (as the term is defined in the Master Agreement) and complete it by providing, as a minimum, the following obligatory information: Your title – Your family name – Your first name – Your email address The creation of a User’s Account automatically includes the creation of an “Account” with Stripe, as set out in the Terms and Conditions of Stripe. We would advise you to read the Master Agreement and the Terms and Conditions of Stripe for further information on this subject. You are committed to providing a profile photograph that represents you to the exclusion of any other person and/or work. By uploading such a photograph, you guarantee to Eatwith that this does not infringe any intellectual property rights belonging to a third party and that you expressly authorize Eatwith to use your image, and that you grant it a license for use under the conditions set out in the Master Agreement.You are committed to provide full, exact and honest information and to keep it permanently up-dated.
3. The Eatwith Invitations offered to you
Eatwith Invitations (as the term is defined in the Master Agreement) that are published on the Eatwith Website are defined and offered by the “Hosts” (as the term is defined in the Master Agreement). Before accepting a Eatwith Invitation you must read this charter in detail and contact the Host if you have any questions. Do not accept any Eatwith Invitation if you have any doubts or questions in your mind. We would advise you to read the Master Agreement to find out in detail how our commission is calculated, the payment methods we use, and the proportion requested by the Host.
4. Your obligations as a Guest
4.1. Principles of openness, respect, tolerance and non-discrimination
The “Contact Service” (as the term is defined in the Master Agreement) is designed to facilitate your meeting with one or several people from a different culture over a meal that is provided for you. Via this service you can visit a Host’s home, possibly in the presence of other Guests. You agree to respect your Host and the other guests, as well as their respective cultures, and to treat them in a non-discriminatory manner. You agree to abide by your Host’s household rules, such as removing your shoes in particular, when asked to do so by your Host. This list is not exhaustive but under no circumstances should these rules infringe your modesty or integrity.
4.2. Your obligation to respect the hospitality offered to you
The most important quality in a Guest is to respect the hospitality offered by their Host. You agree not to enter any part of their premises other than that shown to you by your Host, and in particular not to enter any room without prior invitation from your Host. You agree not to interfere with your Host’s property, in particular their personal items, and not to move any object without prior invitation from your Host. You agree to accept and respect the presence of other people in the premises, such as for example, without this list being exhaustive, family members and/or friends of your Host. You agree to accept and respect the presence of animals as described, where applicable, in the accepted Eatwith Invitation. You state and guarantee that you are not allergic to these animals. You agree not to damage either the premises to which your Host has invited you, nor the building, furniture in or around the premises.
4.3. Your acceptance of the event you booked
You agree to give your Host prior notice, when you accept a Eatwith Invitation, in an exhaustive and truthful manner, of any foods or drinks to which you may be allergic and/or that you may refuse to eat or drink for whatever reason (reasons that you are not obliged to justify). You agree not to accept a Eatwith Invitation without obtaining prior confirmation from your Host that their food is free from such foods and/or drinks. In the event that you should accept a Eatwith Invitation without having obtained prior confirmation from your Host, or in the knowledge of the presence in the composition of the meals offered of one or several of these foods and/or drinks, then the amount requested by the Host and our commission, including tax, shall remain payable. You cannot ask for a dish to be replaced by another and you will eat and drink the food and drinks offered to you at your own risk. You guarantee to us on this matter that we cannot be held in any way responsible in such a circumstance.
4.4. Your obligation to leave your Host once the invitation and food experience are finished
The invitation and food experience must definitely last no longer than four hours. We automatically and without discrimination refuse any Eatwith Invitation of an estimated duration superior to four hours. You agree to leave the premises at the request of your Host and in all cases upon expiry of the maximum duration estimated by the Eatwith Invitation as stated by the Host on the Eatwith Website. Under no circumstances shall we be held responsible in the event that you do not respect this obligation. You agree to take personal responsibility in the event of a claim by a third party or by your Host in the event that you do not respect this obligation. You also guarantee us against any claim by a third party or by your Host in this respect.
4.5. Respect for neighbors and other members of your Host’s household
You agree to respect your Host’s neighbors and not to behave in such a way that may cause any nuisance, particularly noise, to be suffered by neighbors in the course of a Eatwith Invitation. Under no circumstances shall we be held responsible in the event that you do not respect this obligation. You agree to take personal responsibility in the event of a claim by a third party in the event that you do not respect this obligation. You also guarantee us against any claim by a third party in this respect.
4.6. Respect for the contract to which you are agreeing
The definition and publication on the Eatwith Website of a Eatwith Invitation constitutes a pre-contractual offer. If you are interested in a Eatwith Invitation offer presented by a Host, you can ask the Host if they would accept you as a Guest. In the event that you should be accepted as a guest, the pre-contractual offer shall become a contractual offer. In the event of the acceptance of their contractual offer before the date of the Eatwith Invitation offered (the “Term”), a contract shall be made between you and the Host (hereinafter referred to as the “Guest-Host Contract”). Failing acceptance of their contractual offer before the Term, this shall automatically become null and void. In any event, your Host’s offer will close early as soon as the number of Guests having accepted said Eatwith Invitation shall be equal to the stated maximum. The Guest-Host Contract is made between the Host and yourself, to the exclusion of Eatwith. The terms and conditions of this Guest-Host Contract are constituted by the terms and conditions defined in said Eatwith Invitation as well as, where applicable, the terms of any agreements that you may have made during direct exchanges with the Host, whether these agreements were made via the Eatwith website or not. You agree to respect the terms and conditions of this Guest-Host Contract In the event that you do not attend the Eatwith Invitation at the time and date agreed, the total amount payable by the Guest, as well as our commission, including tax, shall remain payable by yourself and shall be paid to your Host and to Eatwith. In the event of any dispute between you and your Host due to a failure by one of these parties to honor their contractual obligations, Eatwith shall in no way be held responsible. In the unlikely event that the responsibility of Eatwith should be called into question by your Host, or by one or several of the other Guests, or by a third party due to your failure to respect the Guest-Host Contract, you agree to compensate Eatwith for any damage that it may suffer as a result (damage to the company image, economic damage, etc.).
4.7. Respect for the regulations that apply to you
We advise you to make yourself familiar with the regulations, whether fiscal, administrative, or of any other nature, that may apply to you. You agree, where applicable, to respect any regulations governing the premises where a Eatwith Invitation takes place.
4.8 You shall not pass on any (part of the) Commission or turnover or offers prospects of this, or of a discount or cash back. You shall pay only through the Eatwith platfrom.
4.9 You shall not approach the Eatwith hosts with any offer that is not related to your Eatwith event request. Job offer or any question or request that its purpose is not related to your Eatwith event is strictly prohibited and your account will be disabled immediately.
5. Responsibility – Insurance
Under no circumstances shall we be held responsible in the event that you should fail to respect all or any of the above mentioned obligations. You agree to make any claim by your Host, or by other Guests, your own personal responsibility in the event that you should fail to respect your obligations and you guarantee us against any recourse from your Host and/or from other Guests in this respect.Except as provided in the terms and conditions of the Eatwith website, the Eatwith guest’s charter and the Eatwith host’s charter (for more information, please contact email@example.com), we are not responsible for any damage or harm resulting from your Eatwith invitation.
6. Risks related to being a Guest
You acknowledge and accept that the fact of being a Guest brings with it certain risks and in particular, without this list being exhaustive, the risk that your Host and/or one of the other Guests might break or damage your property; the risk that your Host and/or one of the other Guests may be sick and infect you; the risk that that your Host and/or one of the other Guests may divulge and/or use personal information communicated to them by you, for purposes other than the Eatwith Invitation alone Eatwith shall not under any circumstances be held responsible for such damage. You agree not to go to you Host’s home in the event that you may risk infecting your Host and/or other Guests and you accept that the amount requested by your Host and our Commission, including tax, shall not be refunded to you.
7. Photographs published by the Host
You acknowledge that photographs published by the Host may not represent the food experience that will be offered to you during the Eatwith Invitation.
8. Modification of the Guest’s Charter
This Guest’s Charter is a membership agreement that can only be unilaterally modified by and at the sole discretion of Eatwith. Eatwith reserves the right to modify this Guest’s Charter at any time. Any modification of this charter will come into force when it is published on the Eatwith Website and you will be notified immediately by email to the address that you have provided in your User’s Account. By continuing to use the Eatwith Website as a Guest, you agree to be bound by the modified Guest’s Charter. If you do not accept the modifications that have been made, you may no longer use the Eatwith Website as a Guest and you are obliged to stop accepting Eatwith Invitations. We would advise you to print a copy of each version of the Guest’s Charter that would be applied to you for your records. To ensure that you are fully informed, the date of implementation of each modified Guest’s Charter is shown in the heading of the document.
You declare and guarantee to us that you are a person over 18 years of age and/or having the legal capacity to enter into a contract. Use of the Eatwith Website as a Guest is considered to be null and void if it is done in violation of this charter. By using the Eatwith website as a guest, you declare and guarantee to us that your use of the Eatwith website as well as your acceptance of Eatwith invitations do not infringe any current law or regulation.
10. Exclusion – Withdrawal of access to the Eatwith Website
Without prejudice to its right to make a claim against you and/or to demand compensation for damages, Eatwith reserves the right to withdraw your access to the Eatwith Website, unilaterally and without prior notice, in the event of failure to comply with this Guest’s Charter.
11. Governing law
This guest’s charter is subject to the English law.
12. Competent jurisdiction – clause conferring jurisdiction
These T&Cs shall be governed by and construed in accordance with English law and Eatwith and you each agree to submit any dispute, including disputes relating to any non-contractual obligations, which may arise out of, under, or in connection with this agreement to the exclusive jurisdiction of the English courts.
13. Amicable resolution of disputes
Before undertaking legal action in the event of such a dispute, we would encourage you (although this is not compulsory) to contact our claims department in order to try to resolve the dispute amicably. Our claims service can be contacted:
– By email at the following address: firstname.lastname@example.org,
– By post at the following address: VizEat - Eatwith Claims Service Acre House, 11-15 William Road, London, NW1 3ER United Kingdom
14. Index of the definitions used in this Guest’s Charter
The following terms used in both the singular and plural in this charter are defined in the Master Agreement or in the articles of this Guest’s Charter.