Four Seasons Hotel Gresham Palace | Takeaway Terms of Service

 

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using any services, which include any website, application, online ordering feature, or any other ways we allow you to engage with us (collectively, the “Service”), or ordering any food, beverages or any other items.   References to “us”, “we”, or “our” in these Terms of Service means Four Seasons Hotels Limited (along with its affiliates, “Four Seasons”). 

 Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.   

 By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you do not have permission to access or use the Service. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. Any such changes will become effective no earlier than thirty (30) days after they are posted, except those changes addressing new functions of the Services or changes made for legal reasons will be effective immediately.   By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service. 

 If you are an individual, you must be at least 18 years of age and legally capable of entering into contracts. If you are an entity, organization, or company, or acting on behalf of one, you represent and warrant that you are an authorized representative of such entity, and that you have the authority to and agree to bind it to these Terms. You represent that you will not use the Service, directly or indirectly, for any fraudulent undertakings.   

In addition, when using the Service, you will be subject to any other policies, notices or terms referenced within or posted throughout the Services, including but not limited to notices required by applicable law, promotion terms, guidelines, as well as any rules or terms applicable to particular features or promotions, which are hereby expressly incorporated into these Terms by reference.  You also acknowledge that you have read and agree to https://www.fourseasons.com/privacy (the “Privacy Policy”). 

 

Service Description 

Four Seasons provides technology services to hotels operated by Four Seasons or an affiliate, and restaurants at hotels which are operated by Four Seasons, an affiliate or a third party (collectively, the “Restaurants”) to enable dining customers (“Diners”) to place orders for food, beverages, and related products and services (“Purchases”) provided by the Restaurants and facilitates payment by the Diners for those Purchases with an eligible Payment Method (“Payment Transactions”).  Four Seasons’ technology facilitates Purchases with Restaurants and processes Diners’ payments to Restaurants, on behalf of each Restaurant.  When you pay for a Purchase, you authorize the applicable Restaurant or Four Seasons to charge your credit card or other permitted payment method (“Payment Method”) on behalf of the participating Restaurant from which you are making a purchase. 

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other Payment Method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. The Service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. 

We and/or the Restaurants reserve the right to refuse or cancel your Purchase at any time for reasons including but not limited to: food, beverage, other product or service availability, errors in the description or price of the food, beverage, other product or service, error in your order or other reasons. Our delivery to you of an email confirmation following your placement of an order does not constitute our acceptance of such order, and we reserve the right to reject such order or limit the quantity of food, beverage, other product or service offerings under such order.  We will send a second email confirming the content of the order.  

We and/or the Restaurants reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. 

You may use the Service only for your own personal and non-commercial use. Any other use is prohibited unless agreed to by us in writing. Your right to use the Service does not include any resale or commercial use of the Service, or its contents; any collection and use of any food, beverage, other product listings, descriptions, or prices; any derivative use of the Service or its contents; any downloading, copying, or other use for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms are reserved and retained by Four Seasons or its licensors, suppliers, publishers, rightsholders, or other content providers. Neither the Service, nor any part thereof, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Four Seasons. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Four Seasons without express written consent. You may not use any meta tags or any other "hidden text" utilizing Four Seasons’ name or trademarks without express written consent of Four Seasons. You may not misuse the Service. You may use the Service only as permitted by law. The rights granted by Four Seasons to you terminate if you do not comply with these Terms. 

 

Availability, Changes, Errors and Inaccuracies 

The Restaurants are constantly updating food, beverage, other product and service offerings on the Service. 

We and/or the Restaurants may add, delete, remove, modify, disable, suspend or restrict some or all of the Service (or the food, beverage, other products or services offered for sale thereon) at our sole discretion without notice to you, and you acknowledge that: (i) you may no longer be able to use the Service to the same extent, or at all, as prior to such events, and (ii) we shall have no liability to you or any third party in such case. We and/or the Restaurants shall not be liable in any event for the addition, deletion, removal, modification, disabling, suspension or restriction of access to or use of any or all of the Service (including the food, beverage, other products or services offered for sale thereon). We and/or the Restaurants may change the descriptions, specifications, and prices of the food, beverage, other products or services offered for sale through the Service without notice and at any time (but this will not affect any Purchases accepted before the change was made).  

We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Items may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service. 

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. 

 

Contests, Sweepstakes and Promotions  

In order to participate in certain contests, promotions, or other special programs made available through the Service, you may be required to agree to additional terms and conditions that apply to such contests, promotions and other special programs (collectively, the “Program Terms”). In such event, participating in the applicable contest promotion and/or other special program will be subject to these Terms and the applicable Program Terms, provided, however, that in the event of a conflict between the Program Terms and these Terms the applicable Program Terms will govern. 

 

Purchases 

When you make a Purchase, you authorize the Restaurant and/or Four Seasons, as agent for the Restaurant, to submit the charge in the amount of the Purchase (including any gratuities, fees and taxes) to your Payment Method as well as any credits in connection with chargebacks, reversals, refunds or adjustments. Four Seasons, as the agent of the Restaurant, may assist the Restaurant in submitting the Payment Transaction to the payment network and processing the Payment Transaction. Upon the Restaurant or Four Seasons receiving the proceeds of the transaction, your payment obligation to the Restaurant will be deemed completed (except in the case of a later chargeback or reversal).   

You must provide a valid Payment Method to pay for your Purchases made through any of the Services. You authorize Four Seasons and/or the Restaurant to confirm your Payment Method is in good standing with the issuing financial institution. In order to do so, Four Seasons or the 

Restaurant may obtain an authorization to charge your Payment Method for a Payment Transaction. This authorization may reduce your available funds balance by the authorization amount until the Payment Transaction is actually charged to your Payment Method and the proceeds are processed and settled. Please contact your Payment Method issuer if you have questions regarding the status of an authorization or of a charge to your Payment Method. You agree that the Restaurant or Four Seasons, on behalf of the Restaurant, may resubmit a Payment Transaction for processing to a payment network in the event a prior Payment Transaction was declined or returned. 

If you choose to store Payment Method information with Four Seasons via the Services for your convenience and use in future transactions, you agree that the Restaurant and/or Four Seasons may receive up-to-date information on your Payment Method information (such as card number or expiration date) through services available from the card networks and may update your Payment Method credentials stored with the Restaurant and/or Four Seasons (if you choose to store your Payment Method credentials) from time to time. 

The Restaurant and/or Four Seasons may establish limitations concerning use of the Services, including without limitation individual or aggregate transaction limits or number of Payment Transactions you may make within certain time periods. The Restaurant and/or Four Seasons may (i) decline to process any Payment Transaction without any notice to you or (ii) may delay processing of or hold or cancel processing of any Payment Transaction upon the direction of the Restaurant or if the Restaurant and/or Four Seasons believes, in its sole discretion, that the transaction is invalid, suspicious, involves misconduct or fraud, or otherwise violates Applicable Law, these Terms of Service, or any other policies of the Restaurant and/or Four Seasons.  

Payments made through the Services are also subject to the terms of your agreement with your Payment Method issuer. You are solely responsible for any charges or fees that may be imposed by your Payment Method issuer as a result of using the Services. 

As of the date of these Terms, Four Seasons does not charge you a fee to make Purchases from Restaurants using the Service.  We reserve the right to charge you fees in the future, and any fees applicable to a Purchase or Payment Transaction you make will be clearly disclosed to you prior to the completion of your Purchase. 

Restaurants may charge you fees as well as taxes in addition to the price of the food, beverage, other products or services you purchase.  You may also be permitted to provide a gratuity. By making a Purchase through the Services, you agree to pay all such charges, including gratuities, fees and taxes. All amounts to be charged to your Payment Method associated with your Purchase will be displayed to you before you complete your Purchase. 

 

Delivery 

Delivery of items that you Purchase may not be offered and, if offered, may not be available to all addresses.  Each Restaurant determines whether to offer delivery and, if offered, establishes its permitted delivery area.

 

Order Changes, Cancellation, Refunds and Customer Service 

Restaurants each set their own cancellation and refund policies, which will be set forth on the Restaurant’s website. Once a Purchase has been made through Four Seasons’ online ordering Services (“Online Ordering”), you will need to contact the Restaurant directly to inquire if you can make a change to or cancel the Purchase or whether you may receive a refund. 

For questions or customer service regarding a Purchase or the food, beverage, other product or service provided by a Restaurant, please contact the Restaurant directly.   

 

User Conduct  

You agree that you will not upload or transmit any remarks, suggestions, messages, ideas, photographs, graphics, information, data, text, files, links, software, or other materials (“Content”) that: (i) infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party, (ii) are patently offensive or promote racism, bigotry, hatred or physical harm of any kind against any group or individual, (iii) harass or advocate harassment of another person, (iv) exploit people in a sexual or violent manner, (v) contain nudity, violence, or offensive subject matter or contain a link to an adult website, (vi) solicit personal information from anyone under 18, (vii) provide any telephone numbers, street addresses, last names, URLs or email addresses, (viii) promote information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous, (ix) promote any illegal or unauthorized copy of another person's copyrighted work, (x) involve the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”, (xi) contain restricted or password only access pages or hidden pages or images, (xii) further or promote any criminal activity or enterprise or provide instructional information about illegal activities, (xiii) solicit passwords or personally identifiable information for commercial or unlawful purposes from other users, (xiv) involve commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes, (xv) imply that Four Seasons endorses any of your statements or positions, (xvi) impose an unreasonable burden on the Service’s server, or (xvii) include a photograph of another person that you have posted without that person's consent. 

By submitting Content through the Service, you automatically represent and warrant that you have the right to grant, and do hereby grant, to Four Seasons the worldwide, paid-up, royalty-free, perpetual, irrevocable, sublicensable, assignable, non-exclusive right and license to (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any such Content (in whole or part) worldwide and/or to incorporate all or any portion of it in other works in any form, media, or technology now known or later developed for the full term of any patent, trademark, trade secret, copyright or other proprietary rights of any party that may exist in such Content; and (b) use the Content, including without limitation, the right and license to make, use, sell, offer for sale, and import any food, beverage, other products and/or services which practice or embody, or are configured for use in practicing, all or any portion of the Content and the right to practice. Under no circumstances will Four Seasons be required to treat any Content as confidential (subject to the Privacy Policy). Four Seasons will be entitled to use the Content for any purpose whatsoever (consistent with the Privacy Policy) without compensation to you or any other person. For the avoidance of doubt, (i) Four Seasons has the right to sublicense the foregoing rights, and disclose all Content (including personally identifiable information) to Restaurants, and each of Four Seasons and the Restaurants can use and share such Content in a manner consistent with the Privacy Policy located at https://www.fourseasons.com/privacy/ , and (ii) neither Four Seasons nor any of our sublicensees will be liable to you or any other person for any ideas for their business (including, without limitation, food, beverage, other products and/or services designs or ideas) derived from the Content. 

You acknowledge that you are responsible for whatever Content you submit, and you shall have full responsibility for the Content, including its legality, reliability, appropriateness, originality, and non-interference with third-party rights. 

We have the right to refuse to post or transmit all or any portion of any Content. By way of example and not in limitation of anything else in this Agreement, we shall also have the right, but not the responsibility, to refuse, remove or edit any Content (in whole or in part). 

 

Copyright Policy 

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity. 

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to copyright@fourseasons.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “Notice and Procedure for Copyright Infringement Claims” 

You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright. 

Notice and Procedure for Copyright Infringement Claims 

You may submit a notification by providing our Copyright Agent with the following information in writing: 

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest; 
  • a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; 
  • identification of the URL or other specific location on the Service where the material that you claim is infringing is located; 
  • your address, telephone number, and email address; 
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. 

 You can contact our Copyright Agent via email atcopyright@fourseasons.com. 

We reserve the right to (i) remove any Content which we believe may violate the copyright or other rights of any third party and/or (ii) limit access to or from the Service for any user whom we believe is violating any such rights of others. 

 

Intellectual Property  

The Service and all materials, content, features and functionality on the Service are and will remain the property of Four Seasons and/or its licensors. The Service and all materials, content, features and functionality on the Service are protected by copyright, trademark, and other laws of both the United States and foreign countries. Content and material from the Service may not be copied, and such content and material may not be distributed, republished, uploaded, posted, or transmitted in any way, without the prior written consent of Four Seasons.  

Any other intellectual property embodied in the Service or the food, beverage, other product or service offerings sold thereon, including without limitation patents, issued or pending, are the sole property of Four Seasons and/or its licensors. 

Without limiting the foregoing, the Four Seasons trademarks and logos are valuable trademarks and service marks of Four Seasons (the “Four Seasons Trademarks”).   Many of the Four Seasons Trademarks, including without limitation FOUR SEASONS®, FOUR SEASONS HOTELS AND RESORTS®, and the Tree logo are registered in the U.S. Patent and Trademark Office and/or in other trademark offices and agencies throughout the world. All other trademarks on the Service are the property of the respective trademark owners (the “Third-Party Trademarks”, and collectively with the Four Seasons Trademarks, the “Trademarks”). Unauthorized use of these Trademarks is prohibited by law. Nothing on this Service or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Service without the prior written consent of Four Seasons, specific for each such use. The Trademarks may not be used to disparage Four Seasons or the applicable third party, Four Seasons’, or third party’s food, beverage, other products or services, or in any manner that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any website is prohibited without the owning party’s prior written consent. All goodwill generated from the use of any Four Seasons Trademark shall inure to Four Seasons’ benefit.   All designs, Web pages and source code comprising the Service are copyrighted or licensed by Four Seasons. All rights reserved. 

 

Links To Other Web Sites 

Our Service may contain links to third party web sites or services that are not owned or controlled by Four Seasons. 

Four Seasons has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. 

You acknowledge and agree that Four Seasons shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.  

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit. 

 

Compliance with Laws 

We make no claims concerning whether the Service may be accessed or the Content may be downloaded, viewed, or be appropriate for use outside of the European Union or United Kingdom. If you access the Service or the Content from outside the European Union or United Kingdom, you do so at your own risk. Whether inside or outside of the European Union or United Kingdom, you are solely responsible for ensuring compliance with the laws of your specific jurisdictions.  

You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content. 

 

Termination 

We may bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.  

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. 

 

Force Majeure  

Four Seasons will not be liable for any failure or delay resulting from any condition beyond its reasonable control, including but not limited to governmental action or acts of terrorism, pandemics, epidemics, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances. 

 

Indemnification 

You agree to defend, indemnify and hold harmless Four Seasons and its licensees and licensors, each Restaurant, and their respective employees, contractors, agents, officers and directors (the “Indemnitees”), from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms. Four Seasons reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of the applicable Indemnitee. You shall cooperate as fully as reasonably required in the defense of any claim. 

YOUR OBLIGATIONS UNDER THIS SECTION (INDEMNIFICATION) ARE INTENDED TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED UNDER APPLICABLE LAW. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER APPLICABLE LAW, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION. 

 

Limitation Of Liability 

IN NO EVENT SHALL FOUR SEASONS AND ITS LICENSORS, ANY RESTAURANT OR SUPPLIERS, OR ITS AND THEIR RESPECTIVE DIRECTORS, EMPLOYEES, PARTNERS OR AGENTS (“THE RELEASED PARTIES”), BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY DIRECT OR INDIRECT LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 

IN NO EVENT WILL THE RELEASED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID FOUR SEASONS OR ANY RESTAURANT FOR SERVICES IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100). 

THIS SECTION (LIMITATION OF LIABILITY) IS INTENDED TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED UNDER APPLICABLE LAW. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER APPLICABLE LAW, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION. NOTHING IN THIS SECTION EXCLUDES LIABILITY OF ANY OF THE RELEASED PARTIES FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR ANY OTHER LIABILITY FOR WHICH IT IS UNLAWFUL TO LIMIT OR EXCLUDE LIABILITY.  

Disclaimer 

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF PERFORMANCE, IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY OTHER WARRANTIES UNDER ARTICLE 2 OF THE UNIFORM COMMERCIAL CODE. FOUR SEASONS, THE RESTAURANTS AND THEIR RESPECTIVE LICENSORS DO NOT WARRANT THAT A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. 

FOUR SEASONS IS NOT LIABLE OR RESPONSIBLE FOR ANY FOOD, BEVERAGE, OTHER PRODUCTS OR SERVICES PROVIDED BY RESTAURANTS. YOU MUST BRING ANY CLAIM IN RESPECT OF ANY FOOD, BEVERAGE, OTHER PRODUCTS OR SERVICES PROVIDED BY RESTAURANTS AGAINST THE RESTAURANT THAT SUPPLIED YOU WITH THE PRODUCTS OR SERVICES. 

FOUR SEASONS RELIES UPON RESTAURANTS TO PROVIDE ACCURATE ALLERGEN AND DIETARY INFORMATION AND GENERAL PRODUCT SAFETY.  EACH RESTAURANT IS RESPONSIBLE FOR ITS MENU, NUTRITIONAL AND ALLERGEN INFORMATION, PHOTOS, FOOD QUALITY OR DESCRIPTIONS, PRICING, AND HOURS OF OPERATION. ALL CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY.    

YOU UNDERSTAND AND AGREE THAT THE DISCLAIMERS SET FORTH HEREIN APPLY TO ALL CAUSES OF ACTION NOW KNOWN OR WHICH MAY ARISE IN THE FUTURE. 

AS A CONSUMER, YOU WILL BENEFIT FROM ANY MANDATORY PROVISIONS OF THE LAW OF THE COUNTRY IN WHICH YOU ARE RESIDENT. NOTHING IN THESE TERMS, INCLUDING THE DISCLAIMER ABOVE, AFFECTS YOUR RIGHTS AS A CONSUMER TO RELY ON SUCH MANDATORY PROVISIONS OF LOCAL LAW.  

 

Exclusions  

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. 

 

Consent for Electronic Communications 

You agree and consent to receive electronically all communications, agreements, disclosures, notices and documents (collectively “Communications”) that we provide in connection with the Services we provide. We may at times be required to provide you with Communications in written form, which you agree to receive electronically instead of in paper form, including by sending via electronic mail to the email address you provide to us, or by posting notice or communicating with you via our website. Communications include these Terms and any and all other agreements or policies to which you must agree in order to use the Services, including updates to those agreements and policies; payment authorizations and transaction receipts or confirmations customer service matters; and any other communication related to your use of the Services.  This section will not apply to any marketing communications issued by Four Seasons unless you have explicitly consented to receive electronic marketing communications from Four Seasons. 

All Communications sent in electronic format will be considered to be in “writing” and are considered received by you upon posting through the Four Seasons Website, or sending to you via electronic email or SMS, regardless of whether you have accessed that Communication. 

 

Term of Consent  

Your consent to receive electronic Communications is valid until and unless you revoke it. You may revoke your consent at any time, however, consent to electronic Communications is a condition of some of our Services, and if you revoke it, you will no longer be permitted to use the Services. If you wish to revoke your consent for electronic Communications, please contact https://www.fourseasons.com/unsubsribe

 

Methods of Agreement 

You acknowledge and agree that by clicking on the “I Agree”, “Submit”, or similar button on the Four Seasons Website, Online Ordering page or other feature offered under our Services and associated with these Terms of Service or with any other electronic document authorizing us to provide the Services to you, you are indicating your intent to sign these Terms and/or other agreement. You also agree that clicking on these buttons on the Four Seasons Website or Online Ordering page shall constitute your electronic signature to these Terms or other such document displayed with the button(s) and relating to the Services. You further agree that your electronic signature on these Terms and any other document shall have the same legal effect under applicable law as if you signed the documents in ink on paper. 

 

Governing Law and Jurisdiction 

These Terms shall be governed and construed in accordance with the laws of Hungary. You can bring legal proceedings in respect of these Terms in either the English courts or the courts of your home country. 

 

 

Assignment  

You may not assign these Terms of Service or any rights or obligations hereunder, by operation of law or otherwise, without our prior written consent and any attempted assignment may be void. We reserve the right to freely assign these Terms of Service and the rights and obligations hereunder, to any third party without notice and consent. Subject to the foregoing, these Terms of Service shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns. 

 

Miscellaneous  

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service. The provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from these Terms such that no third party may claim any rights under these Terms. 

 

Dispute Resolution (EU resident customers only).  

If there is a dispute that Four Seasons is not able to resolve to your satisfaction, the European Online Dispute Resolution platform www.ec.europa.eu/consumers/odr/ provides information about alternative dispute resolution which may be of interest. For more information, please contact Four Seasons. 

 

Contact Us 

If you have any questions about these Terms, please contact us at 

https://www.fourseasons.com/budapest/contact-us.html.