Tabler Inc. Terms and Conditions

1. Parties to the contracts

The TABLER Services are provided by TABLER Incorporated, a corporation under the laws of Delaware, and hereinafter referred to as “TABLER Inc.” TABLER Inc. is the sole contractual partner for any user worldwide with regard to the use of the TABLER Services. 

You will be able to invite paying and non-paying guests to a table in a club for a certain time, or to any other event allowed under these terms of use. In such a case, a contract will materialise between you and the other user, regulated by these terms and conditions. TABLER Inc. will not be a party to such a contract between users.

For payments to other users, both users involved will enter into an additional escrow contract between them and Stripe, Inc., San Francisco, California (“PAYMENT PROVIDER”). TABLER Inc. will not be a party to such a contract, but a beneficiary with regard to its fees.

2. Applicability of terms and conditions

By opening a personal account with the TABLER-App, you are accepting these terms and conditions as the only contractual regulation between you and TABLER Inc., and between you and other users.

We may from time to time alter or amend these terms and conditions. In such a case, we will inform you via the TABLER-App about the amendments and the reasons for such amendments. If you do not accept the new terms and conditions, the contract will automatically cease to exist effective to the day after the last event you have contracted to. The previous terms & conditions in such case will apply until the end of the contract.

For Payments between users, additionally the terms and conditions of PAYMENT PROVIDER apply.

3. Eligibility

You are allowed to use the TABLER Services in general if you are of age (but at least 18 years) and legally competent under the laws applicable to you in this regard. 

Whether you are allowed to invite to an event or to take part in one is additionally subject to the laws at the place of the event. You are obliged to check carefully in every case whether or not you are legally permitted to take part in an event.

The services must only be used for private entertainment. You are not allowed to use the TABLER Services for business purposes of any kind.

4. Scope of the service rendered by TABLER Inc.

TABLER Inc. enables you and other users to participate in events and share the costs of table reservations or the events, as set out in these terms and conditions. The Tabler-App (“APP”) functions as a platform for users (“HOSTS”) to offer places at their tables or otherwise invite people to events, and also for co-sharing (“CO-TABLER”) or participating (“TABLEES”). 

The TABLER Services also includes messaging services, a platform for postings a platform for payment services and other services as TABLER Inc. might offer from time to time. The TABLER Services may esp. include the offering of public/club tables or private tables to join.

TABLER Inc. will offer from time to time In-App-Purchases. If you purchase an item or service offered in such a way, a contract materializes between you an TABLER Inc.

5. Payments and Payment Provider

TABLER Inc. uses “Stripe Connect” as its PAYMENT PROVIDER. You will have to open an account with Stripe to use the TABLER Services fully, esp. to pay and receive money. All payments between users with regard to TABLER Services must be made through PAYMENT PROVIDER. TABLER Inc. reserves the right to block payments or order refunds, if a HOST does not fulfil his obligations toward the CO-TABLER, the TABLEE or TABLER Inc., or if the event is cancelled.

Commissions payable to TABLER Inc. will be automatically deducted and directly paid to TABLER Inc.Inc. by PAYMENT PROVIDER (see § 12). Other payments to TABLER Inc. for other services will be paid by you directly to TABLER Inc.

6. Personal Account and personal data

To use the platform, you will open one personal account and provide us with the personal data as required by the APP. To fulfil the requirements of the platform, truthful information is necessary. The information given to us will be used for fulfilment of the contract. 

If you are providing us with third-party personal data (e.g., email-addresses), you guarantee that you are entitled to do so. Such personal data will be used by us only for the specific purpose (e.g., invitation to use the APP) and otherwise deleted.

Insofar as the APP offers the sign-up by third party applications (e.g., Apple sign up), the personal data transferred to us by this third party application depends on the third party.

Personal data will also be transferred to PAYMENT PROVIDER and such other payment services, as is necessary to fulfil the payment. 

Your public profile will not show your last name, address, Email-address or telephone number. You may choose a pseudonym for your public profile.  

7. Suspension and Termination

TABLER Inc. is entitled at any time to suspend your account and its function. TABLER Inc. will suspend your account in cases of breach of contract, esp. if you violate the terms set out in §§ 16 to 19 of these terms and conditions. 

You can delete your account without cause at any time, effective to the day after the last event you have contracted to.

TABLER Inc. can terminate your account without cause at any time, but effective only to the day after the last event you have contracted to. 

The right of both parties to terminate this agreement for cause, also when indicated without notice, remains unaffected. “Good cause” for a termination by TABLER Inc. shall, in particular, but not exclusively, be presumed if you violate the terms set out in §§ 15 to 18 of these terms and conditions.

8. Rights and licence granted by the user

By creating an account, you grant to TABLER Inc. a worldwide, transferable, sub-licensable, royalty-free, non-exclusive right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you post, upload, display or otherwise make available as necessary for the rendering of the TABLER Services. 

9. Licence granted by TABLER

By creating an account and accepting the terms & conditions, TABLER grants you a worldwide, non-transferable, non-sub-licensable, royalty-free, non-exclusive license to use the TABLER Services and the APP.

10. Other user’s information

The profiles and information in the APP provided by other users must be used by you solely within the APP and for the purposes of the APP. Such information, esp. pictures, must not be copied or published elsewhere. 

11. Contractual relations between users

You will be able to invite paying and non-paying guests to a table in a club for a certain time, or to any other event allowed under these terms of use. In such a case, a contract will materialise between you and the other user, regulated by these terms and conditions. TABLER Inc. will not be a party to such a contract between users. 

The TABLER Services can be used for events starting within the next three months after the invitation on the APP. 

1. Offering a table or other opportunities (“HOST”)

As a HOST, you may offer the opportunity to partake in an event, including, but not limited to being a guest at a table in a club at a certain time, to other users. You may offer the participation for free or for a share of the costs you have incurred, but limited to the costs actually borne by you. You will also have to choose between different cancellation policies. You are responsible for giving correct and comprehensive information with regard to the eligibility of partaking, esp. with regard to age requirements or other requirements of the place of the event. 

The share of the costs borne by CO-TABLER will be paid to you within reasonable time not earlier than 24 hours after the event. Fees payable by you will be automatically deducted and directly paid to TABLER Inc. by PAYMENT PROVIDER. 

2. Co-financing a table (“CO-TABLER”)

By accepting the invitation of a HOST to share his costs, you become CO-TABLER to that event under the conditions of that particular invitation. Your share of the costs will be automatically deducted by PAYMENT PROVIDER from your account. 

You will be refunded if the contract is cancelled by you under sec. e of this paragraph. 

3. Application for partaking without sharing costs

If HOST offers the opportunity to partake in an event without sharing the costs, you may apply to become a guest (“TABLEE”). 

4. Closing

A contract materializes between between users, if the application by CO-TABLER or TABLEE is accepted by HOST via the App. If an application is not accepted within 24 hours, it is automatically rejected.

e. Cancellation policy, breach of contract

The cancellation policy for CO-TABLERS and TABLEEs is chosen by the HOST and binding for HOST, CO-TABLER and TABLEE. 

Should the event itself get cancelled, refunds are made to the CO-TABLER. 

In case of a breach of contract by the HOST (e.g., no-show or denial of use), refunds might be made to CO-TABLER if

• TABLER is notified by CO-TABLER within 12 hours after the start time of the event, and
• HOST does not sufficiently answer to the allegation with 48 hours after the start time of the event.

TABLER Inc. reserves full discretion with regard to any decision concerning refunds. TABLER Inc. also will disclose name and address of the final recipient of the money to the other party in order to allow for litigation between the parties involved. TABLER Inc. is in no way responsible for payment or refunding.

12. Commission

TABLER Inc. is entitled to a commission, as set out in the booking process. This commission is due as soon as the contract between users becomes uncancellable and will be deducted from the payments of the CO-TABLER. 

Payments to other users will be made via PAYMENT PROVIDER. TABLER Inc. is not offering escrow services itself and is only a beneficiary of the escrow contract. TABLER Inc. is entitled to claim its commission from PAYMENT provider. 

13. Retention and Disclaimer

TABLER Inc. provides the service on an “as is” and “as available” basis and grants no warranties of any kind, whether express, implied, statutory or otherwise with respect to the availability of the service. 

TABLER Inc. takes no responsibility for any content that you or another user or third party posts, sends or receives through the service; and specifically grants no warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement. Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk. 

TABLER Inc. does not represent or warrant that the information given to TABLER Inc. by the users, esp. information concerning the eligibility to partake in an event, is correct or legal or non-infringing; notwithstanding TABLER Inc.’s obligation to delete illegal content, if notified. 

TABLER Inc. disclaims and takes no responsibility for any conduct of you or any other user, on or off the service. 

14. Third Party Services.

The Service may contain advertisements and promotions offered by third parties and links to other web sites or resources. Tabler is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through the APP, such party’s terms will govern their relationship with you. TABLER Inc. is not responsible or liable for such third parties’ terms or actions, and no party to any contract between you and a third party.  

15. Rating and survey

TABLER Inc. will survey the performance of the contracts between the users and might ask both parties of ratings of each other or other opinions. Such ratings will be used for internal evaluation and recommendations of the users by TABLER Inc. Safety regulations

For safety reasons, you must not

Disclose your name, address or contact information to other users, unless meeting them in person at the event;

Ask other users to disclose their name, address or contact information to you, unless meeting them in person at the event;

16. Community standards and cancellation policies

TABLER Inc. reserves the right to set up community standards to regulate the behaviour of the users on the platform. If TABLER Inc. sets up such standards, they will be considered part of these terms and conditions. § 2 sec. 2 applies accordingly. 

The cancellation policy is considered to be a community standard. 

17. Prohibitions

By using the service you agree not to undertake anything of the following:

• Offer participation in events that to your knowledge will not take place;
• Impersonate any person or entity or post any images of another person without his or her permission;
• Bully, “stalk,” intimidate, assault, harass, mistreat or defame any person;
• Post any Content that is threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence;
• Not to use other user’s contents outside of the platform, if not strictly necessary for legal proceedings before proper courts and authorities;
• Use another user’s account within the APP, share an account with another user, or maintain more than one account;
• Create another account if we have already terminated your account, unless you have our permission.

You must not use the TABLER Services for any of the following:

• Invitation to events which are not legal under the applicable law at the place of the event;
• Invitation to potential guests which are not eligible or otherwise not permitted to partake in an event under the applicable law at the place of the event, if the HOST is aware of the uneligibility;
• Trying to partake in events which you are not eligible or otherwise not permitted to partake in; including trying to influence hosts to smuggle you into such events;
• Application to events you are not eligible for, esp. by giving false information;
• Infringement of other people’s personality rights or intellectual property;
• Promotion or offer of sexual services, esp. prostitution, regardless of the applicable law;
• Promotion or offer of drugs, regardless of the applicable law;
• Any other purpose illegal at either your current location, under the laws of the place of the intended performance of such purpose or under German law;
• Any purpose that might damage TABLER Inc. or its reputation; 
• Technically influencing the APP;
• Promotion of any commercial interests of any kind;
• Promotion of any political, religious or ideological interests of any kind; this does not however prevent you to describe your beliefs or preferences with regard to invitations and events.

18. Legal protection of other user’s content

You must not infringe the intellectual property or the personality rights of other users. Specifically, you must not copy or distribute or otherwise use the pictures, information or texts from other users.

19. Violation reporting

If you happen to experience a violation of the prohibitions of these terms, we kindly ask you to report such a violation. 

A disagreement with the beliefs or preferences of another user, as expressed in his profile, description, invitation or application, does not constitute a violation of rules. 

20. Legal warranty, Limitation of liability

TABLER Inc. shall be fully liable for intent and gross negligence as well as for damages resulting from injury to life, body or health. In case of ordinary or slight negligence, TABLER shall be liable only for breaches of a material contractual obligation. 

In case of ordinary or slight negligence, TABLER Inc.’s liability in accordance with the above clauses shall be limited to the typical, foreseeable damages.

21. Jurisdiction and applicable law

This contract is governed by the laws of Delaware.   

The courts of Delaware have sole jurisdiction on any litigation between TABLER Inc. and its users with regard to any dispute with regard to this contract or in connection with this contract. The applicable law and jurisdiction with regard to PAYMENT PROVIDER is regulated by the terms and conditions of PAYMENT PROVIDER. 

Cancellation policies

1. “Flexible”

CO-TABLER

• Full refund for cancellations made more than 24 hours prior to the start of the event.
• 50% refund for cancellations within 24 hours of the start of the event.
• No refund in case of a no-show or cancellation after the start of the event.
• Full refund in case of extenuating circumstances. 

HOST

• No action is required for cancellations made more than 48 hours prior to the start of the event. 
• Cancellations made within 48 hours prior to the start of the event will result in a warning. Two or more warnings will result in a temporary suspension of the account and might lead to a termination. No warning is issued in case of extenuating circumstances.
• If a HOST cancels the table/event, all accepted guests receive a full refund. 

TABLEE

• No action is required for cancellations made more than 48 hours prior to the start of the event. 
• Cancellations made within 48 hours prior to the start of the event will or a now-show result in a warning. Two or more warnings will result in a temporary suspension of the account and might lead to a termination. No warning is issued in case of extenuating circumstances.

2. “Moderate”

CO-TABLER

• Full refund for cancellations made more than 72 hours prior to the start of the event.
• 50% refund for cancellations within 72 hours of the start of the event.
• No refund in case of a no-show or cancellation after the start of the event.
• Full refund in case of extenuating circumstances.

HOST

• No action is required for cancellations made more than 72 hours prior to the start of the event. 
• Cancellations made within 72 hours prior to the start of the event will result in a warning. Two or more warnings will result in a temporary suspension of the account and might lead to a termination. No warning is issued in case of extenuating circumstances.
• If a HOST cancels the table/event, all accepted guests receive a full refund. 

TABLEE

• No action is required for cancellations made more than 72 hours prior to the start of the event. 
• Cancellations made within 72 hours prior to the start of the event or a now-show will result in a warning. Two or more warnings will result in a temporary suspension of the account and might lead to a termination. No warning is issued in case of extenuating circumstances.

3. “Strict”

CO-TABLER

• Full refund for cancellations made within 48 hours of booking, if the start of the event is at least 168 hours away. 
• 50% refund for cancellations made more than 96 hours prior to the start of the event.
• No refund in case of a no-show or cancellation within 96 hours prior to the start of the event.
• Full refund in case of extenuating circumstances.

HOST

• No action is required for cancellations made more than 96 hours prior to the start of the event. 
• Cancellations made within 96 hours prior to the start of the event will result in a warning. Two or more warnings will result in a temporary suspension of the account and might If a HOST cancels the table/event, all accepted guests receive a full refund. 

TABLEE

• No action is required for cancellations made more than 96 hours prior to the start of the event. 
• Cancellations made within 96 hours prior to the start of the event or a now-show will result in a warning. Two or more warnings will result in a temporary suspension of the account and might lead to a termination. No warning is issued in case of extenuating circumstances.

4. Extenuating Circumstances

Overview 

This Extenuating Circumstances Policy explains how cancellations are handled when unforeseen events beyond your control arise after booking and make it impracticable or illegal to complete your reservation. This Policy applies to reservations for both club tables/events or private tables/events. 

Extenuating Circumstances take precedence over the cancellation policy. TABLEES and CO-TABLERS that are impacted by an event covered by this policy can cancel their reservation and receive, depending on the circumstances, a cash refund and/or other consideration. HOSTS that are impacted by an event covered by this Policy can cancel without adverse consequences.

In any case, extenuating circumstances can only be exercised if properly documented by the user, and if the channels provided by TABLER are used. 

What events are covered

This Policy uses the term “Event” to refer to the following situations that occur after booking, are unforeseen at the time of booking, and prevent or legally prohibit completion of the reservation.

• Changes to government travel requirements: Unexpected changes to visa or passport requirements imposed by a governmental agency that prevent travel to the destination. This does not include lost or expired travel documents or other personal circumstances relating to a guest’s authorization to travel.
• Declared emergencies and epidemics: Government declared local or national emergencies, epidemics, pandemics, and public health emergencies. This does not include diseases that are endemic or commonly associated with an area—for example, malaria in Thailand or dengue fever in Hawaii. 
• Government travel restrictions: Travel restrictions imposed by a governmental agency that prevent or prohibit traveling to, staying at, or returning from the Listing location. This does not include non-binding travel advisories and similar government guidance. 
• Military actions and other hostilities: Acts of war, hostilities, invasions, civil war, terrorism, explosions, bombings, rebellions, riots, insurrection, civil disorder, and civil unrest. 
• Natural disasters: Natural disasters, acts of God, large-scale outages of essential utilities, volcanic eruptions, tsunamis, and other severe and abnormal weather events. This does not include weather or natural conditions that are common enough to be foreseeable in that location—for example, hurricanes occurring during hurricane season in Florida.

What is not covered

Everything else. This Policy only allows for cancellations for the Events described above. Everything else is excluded. Examples of situations that this Policy does not allow cancellations for include: unexpected disease, illness, or injury; government obligations like jury duty, court appearances or military duties; travel advisories or other government guidance (that fall short of a travel ban or prohibition); cancellation or rescheduling of an event for which the reservation was made; and transportation disruptions unrelated to a covered Event like road closures, as well as flight, train, bus and ferry cancellations. If you cancel a reservation in these cases, the amount refunded will be determined by the cancellation policy that applies to the reservation.