General Terms and Conditions for end customers of Order Management

Berlin, February 1, 2024

1. SUBJECT MATTER OF THE CONTRACT

1.1. orderbird GmbH, Ritterstraße 12 in 10969 Berlin ("orderbird") offers an internet-based service for the hospitality industry that makes ordering and paying as easy as possible for end customers ("Order Management"). With Order Management, visitors can save waiting time and place their orders easily. Order Management can be used in a wide variety of hospitality settings and enables both an efficient QR Code Ordering system and orders for delivery or collection (ordering from anywhere). Order Management can also be used to order non-food items such as merchandise.

1.2. These General Terms and Conditions ("GTC") apply to the use of Order Management by customers who use the orderbird services described below to place orders with hospitality venues ("venues") ("end customers"). Separate General Terms and Conditions apply to the relationship between orderbird and venues.

1.3.

orderbird acts solely as an intermediary between the end customer and the venue. orderbird is not responsible for the offer and/or the contract between the end customer and the venue. Additional general terms and conditions of the venue may apply to the contractual relationship between end customers and the venue.

1.4. There is no entitlement to the use of Order Management.

2. SERVICE DESCRIPTION

2.1. Order Management makes it possible to place orders ("orders") for products and services of the participating venue ("offers"). At the venue's choice, this can include:

2.1.1. Pre-orders of food for collection by the end customer

2.1.2. Orders of food for delivery by the venue

2.1.3. QR Code Ordering for food, that is, ordering at the venue through Order Management

2.1.4. Room service in the hotel industry

2.1.5. Ordering non-food items for delivery or collection (without payment through Order Management)

2.2. Ordered offers, with the exception of non-food items, can also be paid for directly through Order Management using various online payment services.

3. CONCLUSION OF CONTRACT FOR FOOD

3.1. If an end customer places an order for food through Order Management by clicking the "Order with obligation to pay" button at the end of the ordering process, and the order is then confirmed by Order Management, a contract for the preparation of the selected offer is concluded with the venue. Depending on the service selected, the contract also covers the delivery, collection or in-house handover of the ordered food.

3.2. If the ordered offer is no longer available, or if the end customer cannot be reached for queries from the venue, or if the end customer has provided incorrect contact details, in particular a wrong or non-functioning telephone number, the venue can cancel the order (where applicable also through orderbird) and thereby withdraw from the contract. Section 6.3 applies accordingly to the refund.

4. NON-FOOD ITEMS

4.1. Non-food items such as venue merchandise can also be ordered through Order Management if the venue offers this.

4.2. The provisions contained in these GTC apply accordingly insofar as they are applicable to non-food items and no deviating provisions exist.

4.3. For non-food items, however, orderbird acts only as an intermediary for the order. The contract for non-food items is therefore only concluded when the end customer collects the respective product from the venue or it is handed over to them by an employee of the venue. This means that, by way of derogation from Section 3, a contract is only concluded at that point in time.

CONTACT INFORMATION, ACCEPTANCE OF THE ORDER, AGE VERIFICATION

5.1. The end customer must provide correct and complete payment data and contact information. The end customer must be reachable by the venue and orderbird at this contact information after placing the order, in particular so that they can be informed about the progress of their order. The end customer must report errors in their contact data and/or payment data to the venue and orderbird without delay so that the order can be carried out properly.

5.2. If delivery has been agreed, the end customer must be present at the delivery address given in order to accept the delivery. If collection by the end customer has been agreed, the ordered offers must be collected at the collection time selected during the ordering process or stated by the venue/orderbird. Any deterioration in the quality of the food due to late collection is at the end customer's expense.

5.2. If alcoholic beverages or other products with an age restriction have been ordered, the venue must request age verification from the end customer on delivery or collection. If age verification cannot be carried out, the venue must refuse to hand over the products concerned to the end customer. The end customer may be charged cancellation costs in the amount of the purchase price (excluding VAT) for the products concerned, unless the end customer proves that the damage was lower.

6. HANDLING OF INCORRECT ORDERS

6.1. If the end customer places an incorrect or non-serious order, in particular by providing false contact information, by failing to pay or by not collecting the ordered offers, or if the end customer otherwise fails to meet their obligations under the respective contract, orderbird is entitled to refuse future orders from that end customer.

6.2. If there are justified doubts about the correctness or seriousness of the order or of the payment data or contact information transmitted, or if the venue wishes the contract to be canceled for other objective reasons, orderbird can refuse the order and cancel the contract on behalf of the venue.

6.3. If an order that has already been paid for is canceled, orderbird will transfer the amount to the same account or, via the same payment service, to the same recipient from which the order was paid. This does not apply if the end customer has deliberately provided false contact details or does not collect the order and the venue has carried out the order, thereby incurring costs.

7. INFORMATION ON OFFERS

7.1. Offers that can be ordered through Order Management are based on the information that orderbird has received from the venue. This information is also published on behalf of the venue. orderbird does not check the correctness or completeness of the information and is not responsible for the performance of the contract.

7.2. The venue may use ingredients and additives for food and drinks that can trigger allergies and intolerances. In the case of any food allergies, it is recommended that the venue be contacted in advance.

8. RIGHT OF WITHDRAWAL

The right of withdrawal set out below applies to distance contracts in which venues and end customers (as consumers) have used only means of distance communication, such as email or Order Management, for the initiation and conclusion of the contract.

If, on the other hand, the contract is not concluded exclusively using Order Management, the right of withdrawal does not apply. This applies in particular to the non-food items named in Section 4, where the contract is only concluded by personal handover of the items.

Likewise, a contract cannot be withdrawn if it concerns the delivery of goods

8.1.1. that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive, or that are clearly tailored to the personal needs of the consumer (Section 312g (2) no. 1 BGB);

8.1.2. that can spoil quickly or whose expiry date would quickly be exceeded (Section 312g (2) no. 2 BGB);

8.1.3. that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery (Section 312g (2) no. 3 BGB);

8.1.4.that, after delivery, have been inseparably mixed with other goods due to their nature (Section 312g (2) no. 4 BGB).

For the part of the order that does not fall under the exclusions named above, the end customer has a right of withdrawal, provided that they are a consumer within the meaning of Section 13 BGB.

Withdrawal instructions

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 on which you, or a third party

named by you who is not the carrier, have taken possession of the goods.

To exercise your right of withdrawal, you must inform us, orderbird GmbH, Ritterstraße 12 in 10969 Berlin, +49(0)30 208 983 098, [email protected], by means of a clear declaration (for example a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this, but it is not mandatory.

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

Consequences of withdrawal

If you withdraw from this contract, we must repay you all payments we have received from you, including delivery costs (with the exception of the additional costs arising from your choosing a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received notification of your withdrawal from this contract. For this repayment we use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.

We can refuse repayment until we have received the goods back or until you have provided proof that you have sent the goods back, whichever is the earlier.

You must send back or hand over the goods to us without delay and in any case at the latest within fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send off the goods before the period of fourteen days has expired.

You bear the direct cost of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check their condition, properties and functioning.

End of the withdrawal instructions

Model withdrawal form

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

(*) Delete as applicable.

9. PAYMENT

9.1. If a contract is concluded between the venue and the end customer, a payment obligation of the end customer arises at the same time.

9.2.The end customer can meet this payment obligation by using an online payment method provided during the ordering process or by paying in cash on delivery, on collection or on in-house handover.

9.3. The venue has authorized orderbird to accept online payments from the end customer on behalf of the venue.

9.4. In the event of cancellations or other refunds, the refund is made without delay by the payment method that the end customer used for payment.

10. COMPLAINTS

10.1. If the end customer wishes to make a complaint about an offer or an order, this must be asserted against the venue. orderbird is not responsible for the specific performance of the contract by the venue.

10.2. If the end customer wishes to make a complaint about orderbird's services, it must be sent to [email protected].

10.3. The European Commission provides a platform for online dispute resolution (ODR platform). This platform can be found at http://ec.europa.eu/odr. orderbird expressly excludes alternative dispute resolution in accordance with Directive 2013/11/EU. The email address of orderbird is [email protected].

10.4. orderbird is not willing or obliged to take part in dispute resolution proceedings before a consumer arbitration body.

11. VENUE REVIEWS

End customers can rate the venue's performance in Order Management. These reviews must be written according to objective criteria and must not contain unlawful content or mere abuse of the venue. Otherwise orderbird reserves the right to remove reviews at its reasonable discretion.

12. LIMITATION OF LIABILITY

12.1. orderbird is not liable for the offer, the correctness and completeness of the information provided by the venue, or for the performance of the contract by the venue. orderbird is likewise not liable for breaches of duty by end customers.

12.2. orderbird is liable only in accordance with the following provisions; any liability beyond this is excluded:

12.2.1. orderbird is liable without limitation for damage caused intentionally or through gross negligence by orderbird, its legal representatives or senior employees, and for damage caused intentionally by other vicarious agents; for damage caused through gross negligence by other vicarious agents, liability is determined by the provisions for slight negligence set out in Section 12.2.4 below.

12.2.2.orderbird is liable without limitation for damage arising from injury to life, body or health caused intentionally or negligently by orderbird, its legal representatives or vicarious agents.

12.2.3.orderbird is liable for product liability damage in accordance with the provisions of the German Product Liability Act.

12.2.4. orderbird is liable for damage arising from the breach of cardinal obligations by orderbird, its legal representatives or vicarious agents; cardinal obligations are the essential obligations that form the basis of the contract, that were decisive for the conclusion of the contract and on whose fulfillment the venue may rely. If orderbird has breached these cardinal obligations through slight negligence, liability is limited to the amount that was foreseeable for orderbird at the time of performance.

13. RESERVATION OF THE RIGHT TO MAKE CHANGES

13.1. orderbird reserves the right to change or extend these GTC at any time with effect for the future, insofar as this appears necessary and does not unreasonably disadvantage end customers. In particular, a change or addition ("change") may be necessary to adapt to a changed legal situation. More recent court rulings also count as a change in the legal situation. Changes and further developments of orderbird's services may likewise make a change to the GTC necessary.

13.2. A change must be announced in an appropriate manner in text form at least six weeks before it takes effect. Notice of the change to the GTC is generally given by email notification, but at the latest at the end customer's next login.

13.3. The end customer has the right to object to any change to the GTC within six weeks of the announcement of the forthcoming change and of the possibility of informing orderbird of an objection. In the event of a timely objection, these terms continue to apply. If the end customer does not object to the change within the objection period, or continues to use orderbird's services without objection after the objection period has expired, the change is deemed to have been accepted and becomes part of the contract.

13.4. When informing the end customer about the changes to the GTC, orderbird will point out the possibility of objecting, the deadline and the legal consequences, in particular with regard to a failure to object.

14. MISCELLANEOUS

14.1. The law of the Federal Republic of Germany applies exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

14.2. The invalidity of individual provisions of these GTC does not affect the validity of the remaining provisions. This also applies to the validity of the contract between the end customer and orderbird. The statutory provisions take the place of the invalid provision.