1. Our general terms and conditions of supply and payment alone shall apply for transactions entered into with businesses. In particular, appropriate consideration is to be taken of the customs and practices in force in commercial transactions.
2. Our goods, services, offers and other legal acts shall in all cases be based upon these terms and conditions of business. The version of our terms and conditions of business shown in our web site at that point in time shall apply. Amendments of the general terms and conditions of supply and payment may be downloaded from our websites and printed out. This means that they shall also apply for all future business relationships, even if they are not expressly agreed again. These terms and conditions shall be regarded as having been accepted when the goods or services are received at the latest. The Buyer’s counter-confirmation is hereby rejected if it makes reference to the application of his terms and conditions of business and / or purchase.
3. Variations of these terms and conditions of business shall only be valid if they have been confirmed by us in writing.
4. We are entitled to assign the claims created by our business relationships.
5. Offer and Conclusion of Contract
A. Our offers are subject to change without notice and are not binding. Statements of acceptance and all orders shall be subject to our confirmation in writing or by fax to be legally valid. The same shall apply for supplements, modifications or side agreements.
B. Our sales staff are not authorised to make verbal side agreements or to make verbal assurances in excess of the content of the written contract.
Purpose
Our objective is to link you to the businesses we partner with (“Partners”) and allow you to order food for delivery (our “Service”). Where you order from a Partner, Travel M Courier Drivers acts as an agent on behalf of that Partner to conclude your order from our Application and to manage your experience throughout the order process. Once you have placed an order, delivery of your food will be arranged by Travel M Courier Drivers (“Travel M Delivery”) or our Partner (“Partner Delivery) (each a “Delivery”) depending on the Partner you have selected. In some cases, the Partner may be owned by or affiliated with us.
Your Account
Before you can place orders for Items using our Application, you need to open a Travel M account. When you open an account you may create a password, or other secure login method, and may also have to provide credit card details. You must keep any password you create, or other secure login method, secret, and prevent others from accessing your email account or mobile phone. If another person uses these methods to access your account, you will be responsible to pay for any Items they order, and we are not responsible for any other losses you suffer, unless the person using your password obtained it because we did not keep it secure.
You may close your account at any time by requesting to do so in your account section of our website or contacting us using the contact details above. We may suspend your access to your account, or close it permanently, if we believe that your account has been used by someone else. We may also close your account if in our opinion you are abusing our Service (for example, by applying for refunds or credit to which we do not consider you are entitled, making repeated unreasonable complaints, mistreating our staff or riders, or any other good reason). If we close your account permanently we will refund any remaining account credit you have validly obtained from our customer service team or Application following any issue with an order, by applying a credit to your registered credit card, or if that is not possible for any reason, by way of a bank transfer using bank details (provided you have supplied them to us).
Service Availability
Each Partner has a prescribed area within which it can accept Food Orders. You should be inside the Partner’s site before placing your Food Order.
Our Partners each decide their own operating hours. That means that the availability of our Service, and the range of Partners from which you can order food, depends on the Partners in your area. If you try to place a Food Order with a Partner when you are not in the prescribed area for Food Orders, or you try to place a Food Order outside the operating hours of a Partner, or the Application is otherwise unavailable for any reason, we will notify you that ordering will not be possible.
Food Orders
When you place a Food Order through our Application, it needs to be accepted by us or the Partner before it is confirmed. Your Food Order may be rejected at any time. Our Partners may, for example, reject your Food Order if they are too busy or the Items you have ordered are temporarily unavailable.
We will send you a notification if your Food Order has been accepted (the “Confirmation Notice”). The contract for the supply of any Item you have ordered comes into existence when we send the Confirmation Notice. You are responsible for paying for all Items ordered using your account and for complying with these Terms, even if you have ordered the Item for someone else. Some Partners operate a minimum order value policy. This will be displayed on our Application. All Items are subject to availability. Partners may use nuts or other allergens in the preparation of certain Items. Increasing numbers of Partner Restaurants will be displaying dish by dish allergens information. Where that information is not available or if you have further questions, please contact the restaurant prior to ordering if you have an allergy. Travel M cannot guarantee that any of the Items sold by our Partners are free of allergens.
Food Order Services
When you place a Food Order which is accepted by the Partner, the Partner will tell you the time. when your Items are expected to be ready. The Food Order Service Time is not guaranteed by either us or our Partner. You may be required to collect your Items directly from the Partner at the their Location. You should be seated at the Partner’s site by the Food Order Service Time. You will still be charged for the Food Order in the event you fail to collect your Food Order from the Partner. Unfortunately despite our Partners’ best efforts things do not always go to plan and there may be times when your Food Order is not ready at the Food Order Service Time. If you wish to make a complaint, please do so with the Partner directly (the partner will resolve the situation at their discretion).
Your Rights if Something is Wrong With Your Items
You have a legal right to receive food which comply with their description, which are of satisfactory quality and which comply with any specific requirements you tell the Partner about (and the Partner agrees to) before you place your Food Order. If you believe that the Items you have picked up do not comply with these legal rights, please contact the Partner.
Age Restricted Products
Age restricted products (including, without limitation, alcohol, tobacco and cigarettes) can only be sold to persons aged 18 or over. By placing a Food Order for an age restricted product, you confirm that you are at least 18 years old.
Travel M operates an age verification policy whereby customers who order age restricted products may be asked by the Partner to provide proof that they are aged 18 or over. The Partner may refuse to sell any age restricted product to any person unless they can provide a valid photo ID proving that they are aged 18 or over. The Partner may also refuse to sell alcohol to any person who is, or appears to be under the influence of either alcohol or drugs. If the sale of any age restricted product is refused, the Partner may in its discretion process a refund for the relevant Item to the card from which you paid for your Order.
Cancellation
You may cancel a Food Order without charge at any time before the Partner has accepted your Order. If the Partner has not accepted your Food Order your payment will be refunded (excluding any discount, or Voucher that was applied to the Food Order – see Voucher and Account Credit Terms for more detail). If you wish to cancel a Food Order that has been accepted by the Partner, please contact the Partner directly. If you cancel any Food Order after it has been accepted you will be charged the full price for the Items.
Travel M and the Partner may notify you that a Food Order has been cancelled at any time. You will not be charged for any Food Orders cancelled by us or the Partner, and you will be reimbursed for by whichever of us cancelled your order.
Prices, Payment and Offers
a) Prices include VAT. You confirm that you are using our Service for personal, noncommercial use.
b) Travel M may operate dynamic pricing some of the time, which means that prices of Items may change while you are browsing.
c) Prices can also change at any time at the discretion of our Partners.
d) We reserve the right to charge a Service Fee, which may be subject to change, for the provision of our Services. You will be notified of any applicable Service Fee and taxes prior to purchase on the checkout page on our Application. No changes will affect existing confirmed Food Orders, unless there is an obvious pricing mistake. Nor will changes toprices affect any Food Orders in process and appearing within your basket, provided you complete and place the Order within 2 hours of creating the basket. If you do not conclude the Order before the 2 hour cut-off, the items will be removed from your basket automatically and the price change will apply if you re-add the relevant items to your basket. If there is an obvious pricing mistake we will notify you as soon as we can and you will have the choice of confirming the Food Order at the original price or cancelling the Order without charge and with a full refund of any money already paid.
e) The total price of your Food Order will be set out on the checkout page on our Application, including the prices of Items and applicable Service Fees and taxes.
f) We are authorised by our Partners to accept payment on their behalf and payment of the price of any Items to us will fulfil your obligation to pay the price to the Partner.
g) Payment for all Items can be made on our Application by credit or debit card, or such other payment method made available by Travel M.
h) Once your Food Order has been confirmed, your credit or debit card will be authorised and the total amount marked for payment.
i) Payment is made directly to Travel M acting as agent on behalf of the Partner only.
Liability
A. Provided that there is nothing stated otherwise in the terms and conditions below, no other additional claims asserted by the Buyer – regardless of whatever legal reason upon which they are based, shall be admitted. We shall not be liable for damages not incurred by the supplied item itself. In particular, we cannot be held liable for the loss of data, lost profit or other financial losses incurred by the Buyer.
B. This exemption from liability shall not apply provided that the Buyer asserts compensation claims for damages based upon intent or gross negligence, or we are culpably in breach of important contractual obligations. Provided that we are not accused of any intentional breach of contract, our liability shall be limited to the typically occurring damages which should have been foreseen at the point in time at which the contract was concluded.
C. If our liability is not admitted or limited, this shall also apply for the personal liability of our salaried staff, employees, representatives and assistants.
Governing law
These Terms and Conditions and your use of Travel M Couriers Drivers are governed by and construed in accordance with the laws of the State of ________ applicable to agreements made and to be entirely performed within the State of __________, without regard to its conflict of law principles.
Termination
You may terminate the Terms at any time by closing your Account, discontinuing any access to or use of the Travel M Couriers Drivers, and providing us with a notice of termination here. In the event of any termination of these Terms, whether by you or us, the Terms of Travel M Couriers Drivers will continue in full force and effect
