Terms & Conditions
§1 Definitions
The terms used in these regulations have the following meaning:
- Reservation form – the form filled in by the User when booking a dinner.
- Regulations – this document.
- Restaurant – Alon Omakase restaurant located in Warsaw, at ul. Woronicza 33C, office U4.
- Website – the website at https://omakase.eu/.
- Services – all services provided electronically by the Service Provider to Users on the basis of these Regulations, in particular the presentation of the Restaurant’s offer, providing the possibility of on-line booking of a dinner at the Restaurant.
- Service Provider – Izumi s.c., Ul. Woronicza 33c lok. U4, 02-640 Warsaw (NIP 8513188496)
- User – a natural person with at least limited legal capacity, and in the case of ordering products for which it is necessary to reach the age of majority – an adult; legal person; an organizational unit without legal personality, with legal capacity, which uses the Services.
§2 General provisions
- Users are required to read the Regulations before using the Services.
- The Service Provider provides the Users with the Regulations free of charge via the Website.
§3 Services
- The Service Provider provides a free Service consisting in the presentation of the Restaurant’s offer.
- The Service Provider provides a paid Service consisting in making available on-line booking of a dinner at a Restaurant.
- The technical requirements necessary for cooperation with the ICT system used by the Website are as follows:
- connection to the Internet;
- properly configured, current version of the web browser;
- possessing and providing an e-mail address enabling the sending of information regarding the implementation of the Service.
- The Service Provider, to the fullest extent permitted by law, shall not be liable for any disruptions, including interruptions, in the functioning of the Website caused by Force Majeure (random events impossible to predict and prevent, in particular: sudden serious industrial and technological failures, suspension of energy supplies, limitations caused by war, strike, natural disaster or the management of national and local government authorities preventing the implementation of the subject of the contract, etc.), unlawful actions of third parties or incompatibility of the Website with the User’s technical infrastructure.
§4 Dinner booking
- Alon Omakase Restaurant is a 12-seat fine dining restaurant at the sushi bar, serving traditional Japanese sushi.
- The restaurant works only in the reservation system.
- Details of the current offer, including prices, opening hours, number of visitors, are available on the Website. This information does not constitute an offer within the meaning of the Civil Code, but only an invitation to submit offers.
- In order to make a dinner reservation, the User should indicate the number of guests, select the date from among those available in the calendar and fill in the Reservation Form available on the Website.
- In the Booking Form, please provide your first and last name, e-mail address and telephone number.
- Before making a reservation, the User must confirm that he has read the Regulations and accepts its content.
- The User undertakes to provide truthful data. The Service Provider is not responsible for any damage caused by providing untrue or incomplete data.
- After completing the Reservation Form and accepting the Regulations, the User clicks the button redirecting him to the page enabling the payment. Payments are processed by an operator selected by the Service Provider.
- The User may choose the payment method from among the available ones, and making the payment is a condition for making an effective booking.
- An unpaid reservation has no legal effect and is canceled.
- After successful booking, the User receives an e-mail confirming the booking. This is tantamount to concluding an agreement between the Service Provider and the User regarding the ordered service.
- If the dinner cannot be held on the booked date for reasons related to the Service Provider but beyond its control, in particular in the case of Master Alon’s illness, imposing the obligation to quarantine or isolate him, the Service Provider may propose a different date to the User or refund the fee paid.
- If the dinner cannot take place within the booked period due to Force Majeure events (unforeseeable and preventable random events, in particular: sudden serious industrial and technological failures, suspension of energy supplies, limitations caused by war, strike, disaster) disaster or the management of national and local authorities preventing the implementation of the subject of the contract, etc.), the parties agree on a new date.
- The restaurant is non-smoking and it is forbidden to talk on the phone.
- The seating of restaurant guests is determined by the staff and the User cannot change the place indicated to him.
- Adults and children over 12 years of age can stay in the restaurant.
§5 Withdrawal from the Agreement, complaints
- The User may cancel the reservation or inform the Service Provider of a smaller number of people than indicated during the reservation by sending a message to the following e-mail address reservations@omakase.eu.
- In the case referred to in par. 1 above, the User is entitled to a refund of the payment made according to the following rules:
- cancellation earlier than 14 days before the booked date – 100% refund of the payment made,
- cancellation between 8 and 14 days before the booked date – 70% of the payment will be refunded,
- cancellation between 4 and 7 days before the booked date – 50% of the payment will be refunded,
- cancellation of the reservation 3 days before the booked date or later, including failure to show up at the restaurant within 15 minutes of the booked time – no refund of the payment made.
- Due to the perishable nature of the products offered by the Restaurant, the User is not entitled to withdraw from the contract resulting from the Act of May 30, 2014 on consumer rights after the commencement of its actual implementation (art. 38 point 4 of the above-mentioned act), which the actual performance of the contract begins at least 14 days before the booked date.
- The User may submit complaints about the Services provided as part of the Website, and in particular their non-performance or improper performance, in writing to the Service Provider’s address or by e-mail to the following e-mail address reservations@omakase.eu.
- The Service Provider will consider the complaint immediately, not later than within 14 days of receiving a complete notification.
§6 Rights and obligations of the Service Provider and Users
- The Service Provider reserves the right to:
- temporary cessation of the provision of Services due to maintenance or modification of the Website;
- sending technical messages related to the functioning of the Services to Users’ e-mail addresses;
- It is forbidden for the User to provide illegal content and to use the Services in a manner that is against the law, decency, violates the personal rights of third parties or the legitimate interests of the Service Provider.
§7 Personal data protection
- By providing the reservation form, the Legislator specifies the User’s personal data, the provision of which is necessary for the provision of the Services by the Services. Providing personal information is voluntary. Refusal to provide personal data may result in the Service Provider’s inability to provide the Services.
- The Service Provider informs the Users that:
- The administrator of personal data within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals (GDPR) is the Service Provider.
- Contact with the Administrator is possible at the e-mail address reservations@omakase.eu
- The administrator processes personal data only on the basis of the law and for strictly defined purposes, i.e .:
- in order to conclude and perform the contract regarding the provided Services, pursuant to art. 6 sec. 1 lit. b) GDPR,
- in order to make settlements, including keeping accounting books and fulfilling tax obligations, pursuant to art. 6 sec. 1 lit. c) GDPR,
- for purposes arising from the legitimate interests of the administrator, in particular for statistical and archiving purposes, quality and satisfaction research, direct marketing, pursuant to art. 6 sec. 1 lit. f) GDPR,
- in order to pursue claims and defend against claims, pursuant to art. 6 sec. 1 lit. f) GDPR.
- The period of storage of Personal Data depends on the legal basis for their processing:
- if the data is processed in order to fulfill obligations resulting from legal provisions, including tax law, they will be processed for the period necessary to fulfill these obligations and for the period required by law;
- if the data are processed for the purpose of performing the contract, they will be processed until all factual and legal activities necessary to perform the contract are completed or to secure any claims;
- if the data are processed on the basis of the legitimate interest of the Administrator, they will be processed until the interests underlying such processing exist or until you object to such processing;
- if the data are processed on the basis of consent, they will be processed until you withdraw your consent.
- Each User has the right to:
- access to the content of your data, receive a copy of it and the right to rectify (correct), delete, limit processing, the right to object to the data being processed;
- to withdraw consent at any time without affecting the lawfulness of the processing which was carried out on the basis of consent before its withdrawal;
- to lodge a complaint with the supervisory authority, which is the President of the Personal Data Protection Office, if he considers that the processing of these personal data violates the provisions of the GDPR.
- Personal data may be disclosed to persons authorized by the Administrator, internet platform providers, entities providing services to the Administrator, including technical and organizational services, legal services, advisory services, financial services, as well as other entities / persons / bodies in the field of and on the terms specified by law.
- The Customer’s personal data will not be transferred to a third country or to an international organization.
- The Customer’s personal data will not be included in the process of automated decision making or profiling referred to in Art. 22 sec. 1 and 4 GDPR.
§8 Final provisions
- All content available on the website are works within the meaning of the Act of February 4, 1994 on copyright and related rights. These works are the intellectual property of the Service Provider and are protected by law.
- The Service Provider does not allow copying, modifying, distributing, transmitting or otherwise using any works made available on the Website, except for their use as permitted use.
- The Service Provider reserves the right to amend the Regulations. The changes come into force at the time clearly indicated by the Service Provider, but not earlier than 7 days from their announcement. Reservations made prior to the entry into force of the changes referred to in the previous sentence, will be implemented on the terms in force at the time of their submission.
- In matters not covered by these Regulations, the relevant provisions of Polish law shall apply.
- These regulations are valid from 01/01/2022