“Consumer” means the consumer that has bought, received, used and/or is in the possession of a valid Gift Voucher.
“FSCS” means the Financial Services Compensation Scheme.
“Gift Voucher” means the paper Gift Voucher issued and distributed by The Restaurant Choice that can be redeemed at the Restaurants for food and drinks for the value of such Gift Vouchers. The paper Gift Vouchers are issued in fixed values of £5, £10 and £25.
“Restaurant” means a restaurant that is a contractual counterpart of The Restaurant Choice and that accepts Gift Vouchers for the value of such Gift Vouchers as valid payment for standard food and drinks at such restaurant. The Restaurants are listed on the Website and the list of Restaurants on the Website is subject to change.
“Terms and Conditions” means these terms and conditions.
“The Restaurant Choice” means The Restaurant Choice Limited, whose registered office is at the Bramblings, Hollins Lane, Forton, Preston, PR3 0AB, United Kingdom.
Website” means https://www.restaurantchoice.co.uk/.
- These Terms and Conditions apply to the legal relationship between the Consumer and the Restaurant Choice with regard to the Gift Voucher.
- The Consumer accepts the applicability of these Terms and Conditions by buying, receiving, using and/or holding a Gift Voucher. A reference to these Terms and Conditions is explicitly included on the Gift Vouchers. In addition, on first request of the Consumer, The Restaurant Choice shall provide such Consumer with a copy of these Terms and Conditions via e-mail (or otherwise), without imposing any additional costs on the Consumer for this. A full copy of these Terms and Conditions are also available on the Website.
- In the event of promotions on the Gift Vouchers, different terms and conditions could apply next to these Terms and Conditions. In the event these Terms and Conditions are in conflict with the specific terms and provisions of the promotion or these Terms and Conditions do not foresee in a situation in which the terms and conditions of the promotion do foresee, the specific terms and conditions of the promotion apply.
- The legal relationship between the Consumer and a Restaurant shall be governed by the terms and conditions of such Restaurant. The Restaurant Choice shall not be liable towards the Consumer for any incurred damages by the Consumer for any default (failure/underperformance) of a Restaurant.
- All communications between the Consumer and The Restaurant Choice shall be in English.
- Gift Vouchers
- The Gift Vouchers may only be used for payment for food and drinks at a Restaurant. The Consumer must not use or attempt to use its Gift Voucher outside this network of Restaurants. The Gift Voucher cannot be used for tips.
- The paper Gift Voucher is valid for a minimum of 12 months from date of purchase and the expiry date is printed on the back of the paper voucher.
- The Gift Vouchers cannot be used for mail order, Internet, or other non face-to-face transactions.
- Use of the Gift Vouchers may be restricted without notice if suspicious, fraudulent or illegal activities are identified or suspected by The Restaurant Choice, if The Restaurant Choice believes that the Consumer has not complied with these Terms and Conditions, or in the event of exceptional circumstances that prohibit the normal operation of the Gift Vouchers.
- The Gift Voucher is not a product regulated by the Financial Conduct Authority. The purchase of a Gift Voucher, is the purchase of a means of payment, it is not a deposit. The Consumer will not earn interest on the value of a Gift Voucher.
- How to use the Gift Vouchers
- The Gift Vouchers can be used to pay for food and drinks within a limited network of Restaurants, of which a list is included on the Website (this list is subject to change). The Consumer is not permitted, and it is not possible, to use a Gift Voucher at restaurants outside of this network. Like any payment card, or voucher, The Restaurant Choice cannot guarantee that a particular Restaurant will accept the Gift Voucher. The Restaurant Choice recommends to make a reservation with a Restaurant up front and to verify whether the Gift Voucher can be used in the chosen Restaurant.
- The paper Gift Vouchers can only be used at once. In the event that a paper voucher is redeemed for a lower amount than the value of such paper voucher, the remaining amount on the paper voucher cannot be redeemed and such remaining amount shall not be refunded to the Consumer.
- The Consumer may be able to make a partial payment for a transaction of which the amount is higher than the Gift Voucher value with its Gift Voucher and separately pay the difference by alternative means, for example, cash or debit or credit card.
- The Gift Vouchers cannot be combined with other promotions, gift cards, or price reductions.
- The Gift Voucher may be given to another person as a gift, for free. It cannot be sold to another person.
- Gift Voucher Validity
- The paper voucher is valid for a minimum of 12 months starting on the date that such paper voucher is purchased. The paper voucher can be used straight away after such purchase. The expiry date is printed on the back of the paper voucher. After the aforementioned period of 12 months, the paper voucher will cease to function and the Consumer will no longer be entitled to use it or access the value on it.
- Once a Gift Voucher has expired, the Gift Voucher can no longer be used. The Restaurant Choice offers a grace period of 3 months, starting the day after the Gift Voucher has expired, wherein the Consumer can request a new Gift Voucher on payment of an administrative fee. If a Gift Voucher has expired for longer than 3 months, the grace period has ended and the Consumer cannot make a request for a new Gift Voucher.
- To apply for a new Gift Voucher, the Consumer must make a request by sending an email to The Restaurant Choice within 3 months after expiration of the Gift Voucher. All requests made after the 3 months of expiration will be denied.
- Paper Gift Vouchers need to be sent back to The Restaurant Choice via post. Costs of returning the Gift Vouchers are for the Consumer’s account. Only Gift Vouchers that are returned and received in good order can be replaced.
- The Consumer can choose to replace the Gift Voucher for a plastic Gift Card. The Restaurant Choice charges an administrative fee of £6,95 to replace a Gift Voucher with a plastic Gift Voucher.
- The new Gift Voucher will be sent only after The Restaurant Choice has received payment of the administrative fee. The new Gift Card will be valid for 12 months from the moment of replacement and the value equals the remaining balance of the expired Gift Voucher.
- Gift Voucher Balance
- The balance available on the paper vouchers can only be used for one transaction at a Restaurant.
- 5.2 The value of a paper Gift Voucher is included on such Gift Voucher.
- Keeping the Gift Voucher and details safe
The Consumer is responsible for keeping its Gift Voucher and the details of such Gift Voucher safe. This means that the Consumer must take all reasonable steps to avoid the loss, theft or misuse of the Gift Voucher.
- Lost, stolen or damaged Gift Voucher
The Restaurant Choice accepts no liability if the Consumer’s Gift Voucher is lost, stolen, damaged, or used in an unauthorised manner. In such circumstances The Restaurant Choice will not reimburse the amount on the Gift Voucher in any form whatsoever or replace it.
- Transaction disputes
TThe Restaurant Choice is not responsible for the safety, legality, quality or any other aspect of the goods and services purchased with the Gift Voucher.
- Customer services
- If a Consumer has any queries, it can contact customer services by telephone at 0161 669 5889 or by email at firstname.lastname@example.org. The customer services team of The Restaurant Choice is available from Monday to Friday inclusive, between 8.00 a.m. and 4.30 p.m.
- If The Restaurant Choice is unable to satisfactorily resolve a Consumer’s query, such Consumer may register a complaint by contacting the customer services. The Restaurant Choice will log such Consumer’s complaint and investigate it in accordance with its internal complaints procedure. Once The Restaurant Choice has investigated the Consumer’s complaint, the Restaurant Choice will send the Customer a final response in writing.
- Limitation of liability
- The Restaurant Choice is not liable to a Consumer for any losses that such Consumer suffers as a result of such Consumer’s use of, or inability to use its Gift Voucher, that were not foreseeable at the time such Consumer used its Gift Voucher or were not caused as a result of The Restaurant Choice’s action or failure to act when it should have done.
- If the Consumer has used its Gift Voucher or allowed its Gift Voucher to be used fraudulently, in a manner that does not comply with these Terms and Conditions, for illegal purposes, or if such Consumer has allowed its Gift Voucher or details to be compromised, then such Consumer will be held responsible for the use and misuse of the Gift Voucher. The Restaurant Choice will take all reasonable and necessary steps to recover any loss that The Restaurant Choice suffers from such Consumer.
- The Gift Vouchers are not covered by the FSCS. As a consequence, the Consumer will not be able to reclaim the value of its Gift Voucher from the FSCS in the event that such Consumer loses the value of its Gift Voucher (e.g. when The Restaurant Choice becomes insolvent).
- The Restaurant Choice is not liable to the Consumer for any losses that the Consumer suffers as a result of (i) a technical breakdown/error; (ii) a payment with the Gift Voucher that has been rejected, or has not been processed or has not been processed in time; (iii) incorrect or incomplete information on the Website, the Gift Vouchers and/or otherwise received by the Consumer from The Restaurant Choice.
- In any event The Restaurant Choice will never be liable for any indirect damages and The Restaurant Choice’s liability to a Consumer will in each case be limited to the value of the relevant Consumer’s Gift Voucher.
- Changes to these Terms and Conditions
- The Restaurant Choice may change or amend these Terms and Conditions unilaterally at any time for legal, regulatory or security reasons or to enable or improve the proper delivery of the Gift Voucher programme. If any changes are made, they will be publicised on the Website.
- Please check the Website regularly for any changes. The Consumer agrees that The Restaurant Choice and/or Distributor is entitled to amend these Terms and Conditions for the reasons as included in clause 12.1. If the Consumer does not agree with any change that The Restaurant Choice and/or Distributor makes, such Consumer should contact The Restaurant Choice and/or Distributor, who will deal with any such circumstances on a case-by-case basis.
- Governing law and jurisdiction
- These Terms and Conditions, the Gift Vouchers and any dispute or claim arising out of or in connection with these Terms and Conditions and/or the Gift Vouchers (including any dispute or claim relating to non-contractual obligations), shall be governed by, and construed in accordance with, the laws of England. The English courts shall deal with any legal proceedings between the Consumer and The Restaurant Choice and/or Distributor in relation to the Gift Voucher.