1.Overview: Dimmi Pty Ltd ACN 135 408 927 trading as TheFork AU provides you (“you” or “User(s)” as the context may be) with the ability to make reservations at participating restaurants by directly syncronising with the Restaurant's Reservation System. Once a booking has been confirmed, TheFork AU will issue you with an instant Email & Booking Confirmation Number to confirm the Booking. By using TheFork AU, you agree to receive confirmation communications through TheFork AU related to the booking.
2.Payment: For most TheFork AU Bookings, TheFork AU does not charge you a Booking Fee. You simply pay the restaurant for your meal after you have dined in the restaurant.
For selected bookings marked as “TheFork AU Payments”, restaurants may require a Credit Card prepayment or guarantee in order to secure a booking. The terms of TheFork AU Payments will be as follows:
- All payments are between you and the restaurant directly and processed through Stripe. TheFork AU or any of its Affiliated Partners are not parties to the transaction. Full terms and conditions regarding the Stripe payment gateway are found here.
- The Restaurant reserves the right to pass on Credit Card fees and charges to you. The surcharges will not exceed the following:
○ For All Australian issued cards - $0.30 + 2.5% of the Prepaid or Guaranteed Amounts defined below
○ For All International issued cards - $0.30 + 3.65% of the Prepaid or Guaranteed Amounts defined below
- For bookings that require a Credit Card Prepayment, you will be required to make an upfront payment of a nominated amount (Prepaid Amount) in order to complete the booking. The Prepaid Amount (less any Credit Card Surcharges) will be deducted from your total bill when you dine at the restaurant and you will need to pay any excess over the Prepaid amount or have any unused amount refunded to you directly by the restaurant. All Prepaid Amounts are strictly non-refundable and non-transferable, any changes, cancellations, no-shows and late arrivals are solely at the discretion of The Restaurant.
- For bookings that require a Credit Card Guarantee, you will be required to provide a guarantee of a fixed dollar (including GST) amount per person (Guaranteed Amount). There will be no charge to you unless you breach the “Cancellations”, “No Shows”, “Changes” or “Late Arrivals” conditions mentioned in clauses 5 to 8 below, should these conditions be breached the restaurant reserves the right to charge the provided credit card with the Guaranteed Amount.
3.Booking Confirmation Number: You will receive a Booking Confirmation Number once your booking has been confirmed and accepted by the restaurant. Please ensure to use this number in all communications with TheFork AU or the Restaurant.
4.Arrival Identification: You will receive an immediate Confirmation Email & a Reminder Email 24hours before your reservation time. Bookings made with Credit Card Guarantees will not receive a reminder email, as they are deemed as a guaranteed booking. Please ensure you have these emails available, if required to present to the restaurant to confirm your reservation.
5.Changes: To make changes to the date, time or number of diners, please contact the restaurant directly at-least 2 hours in advance of your reserved meal time and quote the Booking Confirmation Number. Changes will be subject to the restaurant’s availability. Where the number of diners for a “TheFork AU Payments” booking is reduced, the restaurant reserves the right to apply the Guaranteed amount should the dining spend not exceed the guaranteed amount.
Conditions for cancellations of bookings made via “TheFork AU Payments”:
- For bookings that require a Credit Card Prepayment, any refunds or cancellations are solely at the discretion of the Restaurant.
- For bookings that require a Credit Card Guarantee, if you wish to cancel your reservation please contact the restaurant directly at-least 24 hours in advance of the reserved meal time. Should this condition be breached the restaurant reserves the right to charge the provided credit card with the Guaranteed Amount.
Conditions for cancellations excluding bookings made via “TheFork AU Payments”:
- If you wish to cancel your reservation please contact the restaurant directly as soon as possible as different restaurants have different rules about cancellation. For Group Bookings of six (6) plus, please ensure to provide at-least 48 hours notice of any planned cancellations. The restaurant's contact details can be found in your confirmation email.
- The restaurant and/or TheFork AU reserve the right to cancel your booking directly within 24 hours of the booking being made.
7.No Shows: Failure to attend the restaurant at the reserved time without prior notification to the restaurant will result in you being identified as a "no-show." As a result the restaurant may choose to restrict, suspend or cancel your future bookings with them.
8.Late Arrivals: Please arrive at least 10 minutes in advance of the reserved meal time. The restaurant reserves the right to cancel your booking and allocate your table to other guests if you have not arrived within 15 minutes of the reserved meal time (ie.15 minutes late.)
9.Meal Durations: The restaurant reserves the right to require you to vacate your table after a fair period of time.
11.Booking Guarantee: In the event that you make a booking through “TheFork AU Payments”, but the restaurant loses, misplaces or simply cannot accommodate the booking through direct fault of its own, then the restaurant agrees to provide you with a complimentary meal or a refund to the value of the Prepaid or Guaranteed Amount. Should the Restaurant fail to honour this obligation, TheFork AU or any of its partners will not be liable to you for the Prepaid or Guaranteed Amount.
The above only applies in instances when the booking cannot be honoured. This does not include situations when the restaurant does not have record of your booking but is still able to accommodate you. Requests should be put in writing to email@example.com
12.Additional Partner Conditions: In addition to these Booking Conditions, the use of associated Restaurant or Affiliate Partners websites, products and services may also be subject to additional terms and conditions. Those terms will be in addition to these Booking Conditions, not a replacement of.
13.Service Termination: We have the right to terminate, restrict or suspend your access to any or all of the Service if we believe that you are misusing the Service in any way or if you are in breach of these Booking Conditions.
14.Refunds Policy: Where TheFork AU is obliged to refund you any amount pursuant to these Terms and Conditions, TheFork AU aims to initiate your refund within 2 business days (Monday – Friday 9 am to 5 pm Sydney time). The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution processes the refund. Except to the extent otherwise required by law, including, without limitation, the Australian Consumer Law (ACL), TheFork AU will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in you receiving any refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
16.Liability Limitations: TheFork AU shall not be liable for damages of any kind arising from the use of TheFork AU's services, including, but not limited to loss, claim, damage, or any special, exemplary punitive, incidental or consequential damages of any kind whether based in contract, tort or otherwise. TheFork AU is not an agent of nor is connected with any affiliated restaurant in which a User has made a reservation, aside from the services provided through TheFork AU. To the maximum extent allowed by applicable law we exclude all liability and responsibility arising from any reliance placed on any content available from the Service. You bear the entire risk of the completeness, accuracy or usefulness of any content accessed on our Service.
17.Contact Us: This real-time booking service for restaurants is operated by Dimmi Pty Ltd (trading as TheFork AU) of Level 5, 217-219 Cleveland Street, Strawberry Hills 2012. These terms and Conditions govern your use of the Service, which is provided to you by Dimmi Pty Ltd (trading as TheFork AU) TheFork AU in association with participating restaurants. By using this Service, you are accepting these Terms and Conditions. You may contact us on 1300 337 761 or at firstname.lastname@example.org or at www.thefork.com.au