Terms and Conditions for Restaurant Partners


NeoTaste operates a website and a mobile app through which registered NeoTaste customers ("NeoTaste members") can avail themselves of "Deals" (e.g., two main courses for the price of one) at restaurants. The restaurant wishes to be featured on NeoTaste and offer corresponding Deals to NeoTaste members.

1 Scope; Exclusivity

1.1 These terms and conditions exclusively apply. Any deviating, conflicting, or supplementary terms and conditions of the restaurant only become part of the contract if NeoTaste has expressly agreed to their validity in writing. This requirement for consent applies in any case, for example, even if the restaurant refers to its terms and conditions during the conclusion of the contract, and NeoTaste does not explicitly object.

1.2 Details of the contractual agreement (e.g., a specific description of deals, additional services such as the promotion of the restaurant by NeoTaste) are specified in a contract form ("Partner Agreement") that refers to these
terms and conditions. In case of contradictions, the provisions made in the contract form take precedence over the provisions of these terms and conditions.

1.3 Unless otherwise agreed, the obligations of the restaurant only apply to the locations of the restaurant mentioned in the contract form.

1.4 Exclusivity. The restaurant undertakes, during the term of the agreement, not to cooperate directly or indirectly with competitors of NeoTaste, i.e., companies that mediate, market, or sell vouchers, offers (such as
discounted special offers, introductory deals, 2-for-1 offers, price reductions, etc.) online or offline. In particular, the restaurant is obligated not to offer the deals provided by NeoTaste to its customers through other means. The
restaurant retains unrestricted rights for all other advertising and marketing measures.

2 Deals

2.1 Offering of deals

2.1.1 The restaurant commits to offering deals as described in the contract form to NeoTaste members during the contract period. Deals may include, for example:

  • 2-for-1 main course: when ordering two or more main courses, the cheaper or equally priced main course will not be charged.

  • Direct discounts: a fixed discount is granted for specific orders or a certain minimum order value.

  • Free dessert/free appetizer: when ordering a main course, a dessert and/or an appetizer will not be charged.
A specific redemption quota can be agreed upon (e.g., maximum X deals per day - but at least 15/day). Deals are offered at all participating locations of the restaurant, unless expressly agreed otherwise.

2.1.2 In consultation with NeoTaste, deals can be changed or adjusted during the contract period. NeoTaste may reject a request for changes at its reasonable discretion if the modification results in a significantly different content of the deal or does not meet NeoTaste's quality standards. In particular, the restaurant must offer at least two deals related to core products or offerings of the restaurant.

2.2 Redeeming deals

2.2.1 If NeoTaste members want to avail a deal, they must book it in advance through the app. The booking includes a time window during which the deal can be claimed at the restaurant. The booking system is designed in a way that a NeoTaste member:
  • can only avail one deal at a time (for example, a 2-for-1 deal cannot be combined with a direct discount) and

  • can only rebook the same deal at the restaurant after a certain period has elapsed; if no timeframe is specified in the contract form, rebooking the same deal is only possible after 90 days and

  • can only book a deal if the restaurant's potentially agreed-upon daily quota for the deal has not been exhausted.

Booked but not redeemed deals will be released the next day and can be booked again by the NeoTaste member.

2.2.2 When NeoTaste members want to redeem a deal, they must inform the staff when placing their order and show the booked deal from the app to the staff. The staff must check if the deal can be redeemed during the order. If not, the staff must promptly inform the NeoTaste member.

2.2.3 An obligation to redeem deals exists only for on-site visits, not for delivery or pickup. However, the restaurant may, on a voluntary basis, also redeem deals for delivery or pickup.

2.2.4 The redemption of a deal can be rejected if:

  • the deal is not claimed within the booked time window, i.e., the order is not placed within the specified time frame, or

  • the order does not meet the conditions of the deal.

2.2.5 Before payment, the redeemed deal must be claimed. Functions for claiming are provided in the NeoTaste app. The claiming process is described in the current documentation and the training material provided by NeoTaste. Currently, the NeoTaste member must show the deal to the staff again in the app, click on "Claim," and confirm the claim by swiping so that the staff can monitor the process. In the event of a change in the claiming process, NeoTaste will inform the restaurant in advance and provide appropriate training material.

2.3 Training of the Staff. The restaurant undertakes to inform and train its staff about the collaboration with NeoTaste, the offered deals, and the procedure for claiming and redeeming deals. The restaurant ensures
that the staff does not unjustifiably reject the claiming of deals (e.g., due to a lack of knowledge about the collaboration, deals, or the claiming process). NeoTaste provides training and informational material as part of the onboarding process. The restaurant ensures that the staff has reviewed the training material, including any updates (e.g., changes in procedures) provided by NeoTaste during the contract period.

2.4 The restaurant will receive information from NeoTaste regarding the number and type of redeemed deals at least monthly via email.

2.5 NeoTaste members must not experience any disadvantages, such as regarding quality, quantity, or service, when redeeming deals. NeoTaste members must be treated like any other guest.

2.6 The obligation of the restaurant to offer and redeem deals constitutes a contract for the benefit of third parties. NeoTaste members can therefore assert their own claims directly against the restaurant if, for example, the redemption of a deal is unjustifiably refused. The contract for catering services is concluded directly between the restaurant and the respective NeoTaste member. NeoTaste is not a contracting party in this regard.

3 Placement of the Restaurant; Onboarding; Updates

3.1 All participating locations of the restaurant are integrated into the NeoTaste app and, if applicable, the website, with a profile. The placement and style of the profile are at the discretion of NeoTaste, unless specific
agreements have been made. Typically, the profile includes information about the restaurant (e.g., location, opening hours, contact details, a brief description, images), the menu/price list, and the offered deals.

3.2 NeoTaste reserves the right to announce and promote the collaboration with the restaurant and/or the restaurant's deals at its own discretion (unless specifically agreed as an additional service), for example, on NeoTaste's websites, social media channels, or through third parties (NeoTaste's cooperation and advertising partners).

3.3 NeoTaste updates the profiles in case of changes and upon the restaurant's request. The restaurant is obligated to inform NeoTaste promptly about all relevant changes (especially changes to the menu, prices, contact details, or opening hours; closure of existing locations, opening of
new locations).

3.4 NeoTaste provides the restaurant with information and training material in English for all participating locations, informing its staff about the cooperation, especially regarding the process of redeeming deals.

3.5 NeoTaste provides the restaurant with stickers/door stickers for all participating locations, indicating the cooperation.

4 Ratings and Comments

4.1 NeoTaste reserves the right to provide functions allowing members to rate and comment on the restaurant. If necessary, functions may also be provided that allow the restaurant to respond to and comment on reviews and comments.

4.2 NeoTaste generally does not verify reviews and comments for accuracy, truthfulness, or legality. NeoTaste members and the restaurant are solely responsible for the accuracy and legality of their reviews and comments, as
well as the resulting legal consequences. NeoTaste is entitled, but not obliged, to review the compliance of reviews and comments with legal regulations and the terms and conditions. If necessary, NeoTaste may modify or delete them. Inappropriate use of the review and comment function is prohibited. The restaurant is obligated to comply with legal regulations when posting comments and, in particular, to provide truthful and factual information. Specifically, the restaurant is obliged to:

  • Not harass, threaten, or violate the dignity, honor, or sexual self-determination of other natural and legal persons.

  • Refrain from defamation, insults, lies, or spreading false information.

  • Avoid making inaccurate or inappropriate comments.

  • Submit reviews or comments related to its business only through the functions provided by NeoTaste (and particularly not through third parties).

  • Refrain from using the rating and comment system in a manner that goes against its intended purpose.

4.3 NeoTaste reserves the right to delete, not display, and/or only release reviews and comments after prior examination at any time without providing reasons.

5 Additional Services

The parties can agree on additional services, which may incur additional charges.

6 The use of textual and visual material from the restaurant; rights to the material

6.1 NeoTaste may use text and visual material (such as photos, videos, menu, description) from the restaurant's website and social media channels for the restaurant profile and promotional purposes on NeoTaste's websites, social media channels, or those of third parties. Additionally, the restaurant can provide NeoTaste with relevant material.

6.2 The restaurant grants NeoTaste, at no cost, non-exclusive, unlimited, revocable according to section 6.4, spatially unrestricted, transferable, and sublicensable rights for the intended use and publication of the material as per section 6.1 and any comments as per section 4. This includes the right to reproduce, make publicly accessible, and distribute the material, even in appropriately edited and modified form. This encompasses, in particular, the use of the material for
promoting the restaurant, its locations, offerings, and deals in connection with NeoTaste within the NeoTaste app, on the website, social media channels, and the newsletter of NeoTaste, and potentially with NeoTaste's cooperation and advertising partners.

6.3 NeoTaste retains the right to use the material even after the termination of the contract. In particular, NeoTaste can maintain the restaurant's profile in the app and website, including the associated text and visual content, as well as any comments and reviews after the contract has ended (excluding the ability to book deals).

6.4 The restaurant can object to the use of material (e.g., the use of a photo or video) or the publication of the restaurant profile in the app and website at any time in written form. In this case, NeoTaste will remove the respective content, making it no longer publicly accessible. This will be done within a reasonable period and considering the technical possibilities, especially the
deletion options of the respective social media network where the content was published.

6.5 The restaurant guarantees that the use and publication of the material by NeoTaste do not violate applicable law or infringe upon the rights of third parties of any kind, including the personality rights of individuals recognizable
in photos or videos. The restaurant also guarantees that the publication of photos and videos without copyright attribution (e.g., mentioning the photographer) is permissible. The restaurant indemnifies NeoTaste from
any claims by third parties related to the aforementioned legal violations and undertakes to reimburse NeoTaste for all expenses and damages arising in this context.

7 Compensation

7.1 The restaurant pays the agreed compensation to NeoTaste. Unless otherwise agreed, the compensation is due and payable 14 days after the conclusion of the contract.

7.2 All fees are understood to be exclusive of the statutory value-added tax.

8 Term and Termination

8.1 The contract is concluded for an indefinite period and can be terminated by either party with a notice period of three months to the end of the month, unless otherwise stipulated in the contract form.

8.2 Terminations must be in writing. Terminations by the restaurant can be sent to Neotaste by mail or by email to partner@neotaste.app, while terminations by Neotaste to the restaurant can be sent by mail or to the contact email address specified in the contract form.

8.3 The right to terminate for cause remains unaffected for both parties. In particular, NeoTaste is entitled to terminate the agreement with immediate effect if

  • the restaurant repeatedly fails to redeem deals without justification after receiving a corresponding notice or

  • if insolvency proceedings are initiated against the restaurant's assets or its business operations are discontinued.

9 Final Provisions

9.1 With this agreement, only services are exchanged. In particular, this agreement is not intended to create any legal association between the parties. Terms such as "partner" or "cooperation" do not imply any legal connections or additional services beyond those described in this agreement.

9.2 NeoTaste reserves the right to supplement or modify these terms and conditions. The planned changes will be announced to the restaurant in writing at least four weeks before the planned effective date. The restaurant's consent to the changes is deemed granted if it does not object to the changes in writing before the deadline. Alternatively, the restaurant has the right to terminate the contractual relationship before the deadline. Such termination takes effect within 14 days after the receipt of the termination notice. Until the termination becomes effective, the terms and conditions remain unchanged. NeoTaste undertakes to specifically highlight, in the announcement of changes, the option to object or terminate, the deadlines for objection and termination, the text form requirement, as well as the significance or consequences of not objecting. If the restaurant objects to the change of the terms and conditions in a timely manner and in writing, the contractual relationship will continue under the previous conditions. In this case, NeoTaste is entitled to terminate the contractual relationship within a period of four weeks.

9.3 German law applies exclusively, excluding such legal norms that refer to other legal systems.

9.4 If the restaurant is a merchant, a legal entity under public law, or a special public fund, the exclusive place of jurisdiction for any disputes arising from or in connection with this contract is the registered office of NeoTaste. However, NeoTaste is also entitled, at its discretion, to sue the restaurant at its general place of jurisdiction.

9.5 All changes or additions to the contract require written form to be effective, unless Clause 9.2 applies. Contract amendments that waive the written form requirement become invalid if they are not confirmed in writing by both parties within one week. Oral side agreements do not exist.

9.6 If individual provisions of this contract are wholly or partially invalid or unenforceable, the validity of the remaining provisions shall not be affected. Both contracting parties undertake to replace ineffective or unenforceable provisions with others or to fill gaps in regulations with appropriate provisions that come closest to the economic purpose of the ineffective provision and are themselves effective.

Last revision: 01/2024