In addition to the Terms of Use (the “Terms of Use”), the following terms and conditions apply when you choose to use the ticketing services for future ticketed experiences at participating third-party restaurants (the “Ticketing Services”) made available by OpenTable (through the OpenTable Sites or otherwise) in the United States (“Ticketing Services Terms”). These Ticketing Services Terms are incorporated into and form a part of the Terms of Use that apply to your use of the OpenTable Sites and Services. In the event of any conflict between these Ticketing Services Terms and any other provision of the Terms of Use, these Ticketing Services Terms shall prevail. All capitalized terms not otherwise defined herein shall have their meanings as set forth in the Terms of Use

1.         General Description and Requirements. The Ticketing Services allow Users to purchase tickets made available through the OpenTable Sites (or otherwise) for future ticketed experiences at a set date and time at participating Restaurants (“Tickets”).  Tickets are not gift cards or gift certificates.  Unlike gift cards or gift certificates, you are only entitled to use Tickets for the applicable ticketed experience.  Tickets are for the specific ticketed experience at the date and time indicated on the Ticket and/or your receipt. Tickets may be in the form of a confirmation email from OpenTable or the Restaurant, or other confirmation provided by the Restaurant. In order to use the Ticketing Services, you must provide valid payment method information through or to the OpenTable Sites as further described below.  

2.         Participating Restaurants.  Tickets are sold by participating Restaurants and not by OpenTable.  Each Restaurant determines the price of the Ticket, the menu options (if applicable), the inventory and availability of Tickets for different dates and times, and all other details of the ticketed experience.  The Restaurant is solely responsible for disclosing what is included with each Ticket, including any limitations, exclusions or fees that may apply, and for managing and redeeming any Tickets you purchase.  If you have any questions about a Ticket you purchased through the Ticketing Services, you should follow up with the Restaurant directly.  

3.         No Refunds or Cancellations.  Each Restaurant determines the refund and cancellation policy for its particular ticketed experience. Except as otherwise stated, all Tickets are non-refundable and non-cancelable.  Except as otherwise stated, Tickets are for specific dates and times and cannot be exchanged for a Ticket with a different date or time.    All transactions are between the Restaurant and the User. Contact the Restaurant with any refund requests or questions about its refund or cancellation policy.

4.         No Resale. You may not resell a Ticket for use by any other party.  

5.         Payment Method Information. In order to use the Ticketing Services, you must provide account information for at least one valid debit or credit card or other payment method through or to the OpenTable Sites. OpenTable uses this payment method account information as described in our privacy policy. If you provide account information for a debit or credit card or other payment method to the OpenTable Sites via a third party, your provision of such debit or credit card or other payment method shall also be subject to the terms and conditions specified by such third party. OpenTable shall have no responsibility and assumes no liability for any actions or omissions of such third party. You may add, delete, and edit the payment method account information you have provided from time to time directly through the OpenTable Sites. If you provide account information for more than one valid payment method, you must select which payment method you want to use to pay for a Ticket. OpenTable Gift Cards and Merchant Gift Cards may not be redeemed to purchase Tickets through the Ticketing Services.

To confirm that the payment method information you have provided through or to the OpenTable Sites is accurate, a temporary authorization may be placed on your payment method at the time you provide your payment method information through or to the OpenTable Sites or when you make a reservation. After your payment method information is verified, usually within a few days, the authorization will be removed.

To the extent permitted by applicable law and subject to our privacy policy, you acknowledge and agree that we may use certain third-party vendors and service providers to process payments, manage payment method information and detect and prevent fraud (“Payment Processors”). You may be required to agree to the terms, conditions and privacy policies of certain Payment Processors in order to complete a Ticket purchase, in which case such terms, conditions and privacy policies will apply to your use of the Ticketing Services in addition to these Ticketing Services Terms. OpenTable shall have no responsibility and assumes no liability for any actions or omissions of any Payment Processor.

By providing payment method information through or to the OpenTable Sites, you represent, warrant, and covenant that: (1) you are legally authorized to provide such information to us; (2) you are legally authorized to make payments using such payment method; and (3) your providing of such information does not violate the terms and conditions applicable to your use of such payment method or applicable law. When you authorize a payment for a Ticket, you represent, warrant, and covenant that there are sufficient funds or credit available to complete such payment.

6.         Account Settings. If you provide payment method information directly through or to the OpenTable Sites, you may establish certain default settings for your use of the Ticketing Services through the OpenTable Sites, such as your preferred payment method. You may change these settings through the OpenTable Sites.

7.         Payment Authorization and Settlement. When you purchase a Ticket through the OpenTable Sites, you authorize the Restaurant to charge your payment method for the full amount of the Ticket.  If you make any additional purchases at the Restaurant, you will be responsible for settling your bill directly with the Restaurant at the time of purchase. Except to the extent otherwise required by applicable law, OpenTable is not responsible or liable for any payments authorized through the OpenTable Sites using your payment method information.

8.         Receipts and Transaction History. As a courtesy, we will email a receipt to the email address associated with your ticketed experience, if you provide one, upon purchase of a Ticket.  You may print and save copies of these receipts.

9.         Certain Limitations. You acknowledge and agree that OpenTable provides the Ticketing Services only as a convenience and is not a party to your payment transactions performed using the Ticketing Services. OpenTable is an independent contractor for all purposes and is not your agent or trustee. OpenTable is not responsible, and has no liability, for the products or services that are paid for with the Ticketing Services. OpenTable is not responsible for any overcharges or other payment disputes with Restaurants. Users must resolve payment and other disputes directly with the applicable Restaurants.

OpenTable is not liable for any payments that fail because: (1) your payment method has insufficient funds to complete the transaction or the transaction would exceed the credit limit or overdraft protection of the payment method; (2) you have not provided correct payment method account information; (3) your payment method has expired; or (4) circumstances beyond our control (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) prevent the execution of the transaction.

 

February 5, 2018