These Terms and Conditions were last updated on 20th September 2021

Please read the following Terms and Conditions carefully. They are important and represent a binding agreement between you and Staskus Entertainment Ltd t/a Book Enigma, Company number 13350243 (Book Enigma).

These terms and Conditions apply to your use of our website and our Services.

Our Website

We operate a Reservation platform offering the Service of making Table Reservations for visitors to our Site. By visiting and browsing our website and when using a tick box at the checkout you are consenting to these Terms and Conditions without modification, and agree you have read them. If you do not agree to be bound by these Terms and Conditions, you may not access or use the Site.

Brexit and EU Law

It is acknowledged by both parties that the European Union (Withdrawal) Act 2018 section 2 allows EU law, for example, the General Data Protection Regulation 2018 (GDPR) to be retained in its entirety and have effect in UK domestic law after the UK has left the EU, but also means that the UK can amend or repeal any law in the future after the withdrawal date. If due to the UK exiting the European Union and a clause or condition in this contract becomes invalid or it conflicts with a law enacted after the transition period on the 31st December 2020, the invalid clause can be either cut from this agreement leaving the rest of the agreement valid and unaffected if the law has been repealed or it can amend the clause to bring it in line with current UK law reflecting the changes.

Your Information and Privacy

To access this website and use some of the resources it offers, we may ask you to provide details or information to be able to use our Services. It is a condition of use that all the information you give us is accurate and true and current. You acknowledge and agree that any information you give us to register is regulated by our Privacy Policy. You also agree to all actions we take concerning your information according to that Privacy Policy. Please read our Privacy Policy for more information on your personal data.

Cookies

Our website uses cookies; by using our website or agreeing to these Terms and Conditions, you consent to our use of cookies following the terms of our Privacy and Cookie Policy.

Our Services

We operate a Reservation website where Customers can make reservations for a restaurant table. However, Our Services are different to other Table Reservation websites.

The Customer makes a “blind” booking where they do not choose the restaurant. Instead, they will be informed which restaurant has been chosen for them three hours before the reservation time by email. The choice is made for them following the criteria they have given us.

The Customer pays a £4.50 Service fee which is purely a payment for the Services provided by Book Enigma only. Payment is made from our website using secure payment processes facilitated by Stripe Ltd.

Definitions

“Book Enigma ” means the company that owns and runs this website and provides the Reservation Service.

“Reservation Date” means the specific date that the Client has reserved the table for.

“Customer” means a Visitor to our Site who intends or has paid for our Services on display on our Site.

“Reservation” or “ Table Reservation” means the table you have reserved at a restaurant when you use our Service.

“Service Fee” means the fee you pay us for the Service of reserving a table in a restaurant for you.

“Service” or “Services” mean the Service provided by Book Enigma of reserving restaurant tables for Customers.

“Site” means our website owned and operated by Book Enigma at www.bookenigma.com

“User”, “You”, and “Your” (or in lower case) means site visitors, Customers, and any other users of the site.

“Visitor” means anyone who visits or browses our Site.

“We”, “Us”, and “Our” (or in lower case) means Book Enigma

Using our Site

To access or use our Site, You must be 18 years of age or older and have the necessary power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and related to Services for sale or their description or any other information is subject to change. Book Enigma gives no guarantee that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Book Enigma disclaims all liability for any inaccuracy, error, or incompleteness in the Content.

It is agreed as follows:

1.Payment and Charges

1.1.You agree to pay all costs and charges related to the Service You have ordered set out on our website and to use the appropriate payment facilities and secure processes presented on our Site operated by Stripe Ltd and that you agree to read and comply with their terms and conditions relating to payments.
1.2.Prices and costs may change from time to time in the normal course of business practice.
1.3.The fee per Reservation is £4.50 for 1-6 people.
1.4.The Service Fee is paid for the Reservation Services provided by us and is not a fee paid to the restaurant.
1.5.The maximum number of people per Reservation is 6.
1.6.You have the option of choosing between two price ranges for the restaurant, either mid-range or higher-range dining price.
1.7.You agree that we may charge you a cancellation fee for cancelling within 24 hours or not showing up which will be charged against your credit or debit card.

2.Reservation Process and Requirements

2.1.You agree to follow the Reservation processes and procedures for using our Service.
2.2.All restaurants are located within London.
2.3.Restaurant details will be emailed to you three hours before the time of your table Reservation.
2.4.You acknowledge and agree that restaurant kitchens may use food and products which some people may be allergic to such as, but not limited to, nuts, shellfish or traces of such products, therefore, it is your responsibility alone to inform the restaurant not Book Enigma if you or a member of your group have an allergy to certain foods or products.
2.5.You should observe a smart/casual dress code or whatever is stipulated by the restaurant.
2.6.You can pay for the Service using a credit or debit card. You agree and acknowledge that placing an order means you are obliged to pay for the items you have ordered. After payment is received you will get confirmation that your order has been received.

3.Invoices

3.1.You agree to receive sales invoices electronically if applicable.

4.Lawful Purposes

4.1.You may use our Site for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase Services through the Site for legitimate, purposes only. You must not post or transmit any material which violates or infringes the rights of others through our Site. Or which is threatening, abusive, racist, sexist, discriminatory, defamatory, libellous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law.

5.Site refusal

5.1.Our Services are subject to acceptance of your order or requests. We reserve the right to refuse any order, person, or entity, without having to give a reason for doing so. Orders cannot be accepted until payment has been processed and received. We may at any time change or discontinue any aspect or feature of the Site, subject to us fulfilling our previous responsibilities.

6.Refunds

6.1.The law says that You can cancel a Service bought online within 14 days after you have made the contract for any reason. However, there are some exceptions to this right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Section 28(h) states that the right to cancel is excluded for ‘the supply of accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities, if the contract provides for a specific date or period of performance’. Therefore, we are not obliged to give You a refund for your Reservation.

7.Reservation Cancellation and modification

7.1.If You wish to cancel Your Reservation you must inform us as soon as possible by replying to the Reservation confirmation email.
7.2.If you cancel your reservation within 24 hours of the Reservation date or do not show up at the restaurant you may be charged a £25 cancellation fee for each person in your group.
7.3.If you want to modify or change your Reservation you must reply to the reservation confirmation email, for example, someone drops out or you have an additional person to add to the reservation. However, this modification cannot be made within 24 hours of the Reservation date, otherwise you may incur an administration fee of £25 per person in your group.
7.4.You may also modify or change your Reservation date or time by replying to the reservation confirmation email. However, this type of change or modification cannot be made within 24 hours of the Reservation date.

8.Description of Services

8.1.We try to describe and display the Services as accurately as possible on our website. While we want to be as clear as possible, you should not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions.

9.Intellectual Property Rights

9.1.Our Site contains intellectual property owned by us including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Site, without refund, if you are caught violating this intellectual property policy.

10.Change of Terms

10.1.We may at any time change these Terms and Conditions. Such amendments are effective from the time We have posted the new Terms and Conditions on this Site. Any use of the Site by you after these Terms have been posted means you accept these amendments. We reserve the right to update any portion of our Site, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions. We advise you to check these Terms and Conditions at regular intervals.

11.Termination

11.1.You agree that we can terminate your use or access to this Site and Services at any time without notice if you violate any of these terms and Conditions. The duration or term of the agreement for Services with us is until the Reservation Service has been completed.
11.2.This agreement is terminated by the performance and Completion of the Reservation Service.
11.3.This agreement can be terminated at any time for any reason by mutual agreement.

12.Limitation of Liability

12.1.You agree that in no way will we be liable for direct, indirect, incidental, consequential or any other remedies as a result of using our Services or by any other third parties. Additionally, Book Enigma is not liable for damages or remedies for website failure, error, omission, attack by hackers or pirates, interruption, delay in operation or transmission of videos, computer virus, or system failure; third-party theft of, destruction of or unauthorised access or alteration or use of your information or personal data (subject to GDPR or the Data Protection Act 2018 if applicable), whether we were negligent or not. This applies even if Book Enigma has been advised of the possibility of something or could have foreseen loss or damage.

12.2.We are not liable for any delay or failure to comply with our obligations connected with our Services or this Site if the delay or failure was beyond our reasonable control.

12.3.We are not liable for any Table Reservations which the restaurant cancels or double books before or when you arrive at the restaurant, therefore we cannot give a guarantee as to the availability of restaurant tables. However, We will use our best efforts to make sure of the availability of tables when you arrive at the restaurant.

12.4.We are not liable under any circumstances where the restaurant refuses you entry into the restaurant or asks you to leave for any reason.

12.5.You acknowledge and agree that we are completely independent of the restaurants we make your Reservation for and that our Service is to only make Table Reservations for you, therefore, we are not liable for any actions or omissions by or connected to any restaurant, owner, employee or representative of the restaurant and;

12.6.Restaurants are solely responsible for their interactions with you and any third parties and all claims, injuries, illnesses, damages, liabilities, and costs suffered by you as a result of your interaction with or visit to any Restaurant or from any promotion, offer product or service of any Restaurant. You must resolve all disputes directly with the Restaurant.

13.Third-Party Links

13.1.Our Site contains links to third-party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Book Enigma. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

14.Right to take action

14.1.If we do not take action because you have broken a clause in these Terms and Conditions it does not mean that we will not be able to use our rights in any other situation where you breach these Terms and Conditions or other legal responsibilities or duties you have to us.

15.Indemnification

15.1.You agree to pay us for any losses, damage, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, lawyer’s fees, arising from any breach by you of any of these Terms and Conditions, or any use by you of the Site. You will provide us with any help that We might ask for in connection with any such defence without any charge including, without limitation, giving us such information, documents, records, and reasonable access as we see necessary. You will not resolve any third-party claim or reject any defence without our prior written permission.

16. Entire Agreement

16.1.These Terms and Conditions including our Privacy and Cookie Policy and any attachments are the whole agreement between Book Enigma and you and cancels all other verbal or written understandings concerning this agreement that were made outside this agreement.

17.Notices

17.1.All notices, requests, demands, and other communications under this Agreement must be in writing and sent by email to:
Email: contact@bookenigma.com
Address: Staskus Entertainment Ltd t/a Book Enigma, First Floor, 85 Great Portland Street, London W1W 7LT.

18.Climate Assurance

18.1.The parties agree to, wherever possible, perform their obligations under this Agreement in a way that reduces or minimises the Carbon Footprint associated with any activities under this Agreement. For example, using digital agreements and communication instead of paper forms.
18.2.Either party should use all reasonable efforts to make sure that any necessary third party, use such documents and perform such acts as may reasonably be required for the purpose of reducing the Carbon footprint as a measure to protect the environment.

19.Reliance on these Terms.

19.1.We intend to rely on these written Terms and any document expressly referred to in them about the subject matter of any agreement between the Parties. We and you will be legally bound by these Terms.

20.Events or circumstances beyond our reasonable control

20.1.If We are prevented or delayed from complying with our obligations under these terms by anything you (or anyone acting on your behalf) does or fails to do or due to events or circumstances beyond our reasonable control, our inability or delay in performing our obligations will not be in breach of this agreement. Examples of such events and circumstances, but not limited to, include fire, flood and other acts of God, strikes, trade disputes, lockouts, restrictions of imports or exports, riot, accident, disruption to energy supplies, lockdowns, pandemics, civil commotion, acts of terrorism or war.

21.Severability

21.1.If an appropriate court or arbitrator decides that a clause or condition in this contract is invalid or it conflicts with a law, the invalid clause can be cut from this agreement leaving the rest of the agreement valid and unaffected.

22.Assignment

22.1.This agreement or any clause in this agreement cannot be assigned, delegated, sub-licensed, or transferred by you unless we have given you written permission.
23.Governing law
23.1.You agree that any dispute or claim arising out of this agreement or in connection with its subject matter or formation, including non-contractual disputes or claims, will be governed and interpreted according to the law of England and Wales in English. You also agree that English courts have exclusive jurisdiction except for negotiation adjudication and mediation resolution described in clause 24.1 below.

24.Dispute Resolution

24.1.Any dispute relating to this agreement, which cannot be resolved by negotiation between the parties may within 14 days of either party giving notice to the other party that a dispute has arisen, may be submitted to mediation by a mediator mutually chosen by the Parties and that the mediation or negotiation may be conducted online in English using an accredited mediation service. The initial Mediation cost only is to be shared equally between the parties. Failing settlement of that dispute within 14 days, the dispute shall be submitted by any party for a final decision to an English court which will have exclusive jurisdiction subject to clause 23.1 above.