effective as of 01. March 2020

Status: March 01, 2020

Pre-contractual & contractual information duties for a (web) application according to § 4 FAGG in conjunction with § 7 FAGG

Information about the company:
BIZ, Heinrich Schneidmadl Straße 15, P.O. Box T022N
A-3100 St. Pölten

UID: ATU75667609
FN: no entry in the commercial register (GesbR)

1. essential features of the web application
ORDITO offers the possibility to use a web application via web platforms such as Safari or Google Chrome. With this web application, independent and self-employed gastronomy or hotel businesses, which have a cooperation agreement with ORDITO, can call up location-specific menu information, reserve a table and during the stay place and pay orders for meals, drinks or other goods for consumption in the premises of the gastronomy or hotel business. The exact scope of the services that can be used in each case depends on the participating restaurant or hotel business and can therefore vary among the participating restaurant or hotel businesses.

2. prices
The web application is available for the end user for free use. In connection with the use of the web application, costs of data transfer from the network operator may be incurred, which must be borne by the customer. The use of the web application and service is free of charge for the user.

3. duration and termination
The contractual relationship is concluded for an indefinite period.
As an end user, you may terminate the contract at any time without giving reasons and without observing a period of notice, and in doing so you may request ORDITO to delete your access to your user account with immediate effect. ORDITO is entitled to terminate or cancel the contract for the use of the web application by giving 4 weeks notice. Furthermore, ORDITO is entitled to terminate the contractual relationship for good cause with immediate effect. In particular, a violation of the terms of use shall also be considered as good cause.

4. terms of delivery and service
The web application is used via platforms such as Google Chrome or Safari. The delivery of the web application will take place immediately.

5. right of withdrawal or revocation
As a consumer you have the right to revoke this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the date of conclusion of the contract.
In order to exercise the right of revocation, you must inform ORDITO (ORDITO GesbR, Heinrich Schneidmadl Str 15, P.O. Box T022N, 3100 St. Pölten, of your decision to revoke this contract by means of a clear statement (e.g. a letter, fax or e-mail sent by post). You can use the sample revocation form attached below for this purpose. In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.

Exceptions to the right of withdrawal:
If the execution of the offered service is started at your request before the end of the 14-day withdrawal period of § 11 FAGG (e.g. by placing an order), the right of withdrawal is not applicable after legal instruction about these consequences of premature termination.

You hereby acknowledge and expressly agree that with the first-time use of the web application the performance of ORDITO's services is carried out before the expiry of the withdrawal period of § 11 FAGG and that this entails the loss of the right of withdrawal according to § 18 FAGG.

6. warranty
Any warranty by ORDITO, especially for the free service and the web application, is or will be excluded. ORDITO makes no representations or warranties of any kind with respect to the web application and the service and does not provide any warranty or guarantee in this respect. ORDITO also does not make any representations, warranties or guarantees regarding the services, prices and information of participating restaurants or hotels, their performance, quality, suitability or similar.

7. final clause
The information contained in this information sheet is an integral part of the contractual relationship for the present web application of ORDITO. Changes are only effective if they have been expressly agreed upon in writing by the contracting parties.