Terms & Conditions

§1 Definitions

The terms used in these Terms and Conditions shall have the following meanings:

Reservation Form – the form filled in by the User when booking a dinner. Terms and Conditions – this document. Restaurant – Izumi Omakase restaurant located in Warsaw, at ul. Biały Kamień 4, 02-593 Warsaw. Website – the website located at https://izumisushi.eu/izumi-omakase/. Services – all electronic services provided by the Service Provider to Users based on these Terms and Conditions, in particular the presentation of the Restaurant’s offer and the provision of the ability to book dinner online at the Restaurant. Service Provider – Izumi s.c., ul. Biały Kamień 4, 02-593 Warsaw (NIP 5213527188, REGON 141856157). User – a natural person with at least limited legal capacity, and in the case of ordering products requiring legal age – an adult; a legal person; an organizational unit without legal personality but with legal capacity, using the Services.

§2 General Provisions

Users are obliged to read the Terms and Conditions before using the Services. The Service Provider makes the Terms and Conditions available to Users free of charge via the Website.

§3 Services

The Service Provider provides a free Service consisting of presenting the Restaurant’s offer. The Service Provider provides a paid Service consisting of enabling online dinner reservations at the Restaurant. Technical requirements necessary for cooperation with the Website’s ICT system:

• Internet connection;
• Properly configured, up-to-date internet browser;
• Having and providing an email address to receive information about the Service. The Service Provider shall not be liable, to the maximum extent permitted by law, for disruptions (including interruptions) in the functioning of the Website caused by Force Majeure, unauthorized actions of third parties, or incompatibility of the Website with the User’s technical infrastructure.

§4 Dinner Reservation

Izumi Omakase is a fine dining restaurant with 12 seats at the sushi bar, serving traditional Japanese sushi. The restaurant operates exclusively on a reservation basis. Details of the current offer, including prices, opening hours, and the number of guests, are available on the Website. These details do not constitute an offer within the meaning of the Civil Code but an invitation to make offers. To make a dinner reservation, the User should indicate the number of guests, select a date from the calendar, and complete the Reservation Form available on the Website. The Reservation Form requires the user’s full name, email address, and phone number. Before making a reservation, the User must confirm they have read and accepted the Terms and Conditions. The User agrees to provide accurate data. The Service Provider is not liable for damages caused by providing false or incomplete data. After completing the Reservation Form and accepting the Terms and Conditions, the User clicks a button redirecting them to the payment page. Payments are handled by a payment operator selected by the Service Provider. The User may choose the payment method from the available options. Payment is required for the reservation to be valid. Unpaid reservations have no legal effect and are canceled. After a successful reservation, the User receives an email confirming the booking. This constitutes a contract between the Service Provider and the User for the ordered service. If the dinner cannot take place on the reserved date due to reasons related to but beyond the Service Provider’s control (e.g., illness or quarantine of Chef Izumi), the Service Provider may offer another date or refund the fee. If the dinner cannot take place due to Force Majeure, the parties will agree on a new date. Smoking and phone calls are prohibited in the Restaurant. Seating arrangements are determined by the staff; Users cannot change their assigned seats. Only adults and children over 12 years of age are allowed in the Restaurant.

§5 Withdrawal from the Agreement, Complaints

The User may cancel the reservation or inform the Service Provider of a smaller number of guests by sending an email to: reservations@izumisushi.eu. In such cases, the User is entitled to a refund as follows:

• Cancellation more than 14 days before the reserved date – 100% refund,
• Cancellation between 8 and 14 days before the reserved date – 70% refund,
• Cancellation between 4 and 7 days before the reserved date – 50% refund,
• Cancellation 3 days or less before the reserved date, including no-shows within 15 minutes of the reserved time – no refund. Due to the perishable nature of the Restaurant’s products, the User is not entitled to withdraw from the agreement under the Consumer Rights Act of May 30, 2014, once the service has effectively begun (which starts no later than 14 days before the reserved date). The User may submit complaints regarding the Services via email or in writing to the Service Provider. Email: reservations@izumisushi.eu. The Service Provider will address complaints promptly, no later than 14 days after receiving a complete submission.

§6 Rights and Obligations of the Service Provider and Users

The Service Provider reserves the right to:

• Temporarily suspend the Services due to maintenance or modifications of the Website;
• Send technical messages to Users’ email addresses regarding the Services.

It is forbidden for Users to provide unlawful content or use the Services in a manner contrary to the law, good practices, or the rights and legitimate interests of the Service Provider or third parties.

§7 Personal Data Protection

By providing the reservation form, the Service Provider determines which User personal data are necessary to provide the Services. Providing personal data is voluntary. Refusal may result in the inability to provide the Services.

The Service Provider informs Users that:

• The data controller, under Regulation (EU) 2016/679 (GDPR), is the Service Provider.
• Contact with the data controller is possible at: reservations@izumisushi.eu.
• Personal data are processed based on legal grounds for specific purposes:
  • To conclude and perform the Service contract (Art. 6(1)(b) GDPR);
  • For accounting and tax obligations (Art. 6(1)(c) GDPR);
  • For legitimate interests, including statistics, archiving, quality analysis, direct marketing (Art. 6(1)(f) GDPR);
  • For potential claims and legal defense (Art. 6(1)(f) GDPR).

Personal data retention depends on the legal basis:

• If required by law, data will be stored for the necessary period to fulfill obligations;
• If required to perform a contract, data will be kept until all necessary actions are completed or claims are secured;
• If based on legitimate interest, until the interest exists or objection is made;
• If based on consent, until the consent is withdrawn.

Users have the right to:

• Access, correct, delete, or restrict processing of their data;
• Withdraw consent at any time without affecting prior lawful processing;
• Lodge a complaint with the data protection authority (President of UODO).

Personal data may be disclosed to authorized persons, platform providers, service providers (technical, legal, financial, etc.), and others as required by law. Personal data will not be transferred to third countries or international organizations. Personal data will not be subject to automated decision-making or profiling under Article 22 of the GDPR.

§8 Final Provisions

All content on the Website is protected intellectual property under the Copyright and Related Rights Act of February 4, 1994, and belongs to the Service Provider. The Service Provider does not permit copying, modification, distribution, or use of any content from the Website except within permitted use. The Service Provider reserves the right to change the Terms and Conditions. Changes take effect on the date indicated by the Service Provider, but not earlier than 7 days after their announcement. Reservations made before changes are governed by the rules in force at the time of booking. Matters not covered by these Terms and Conditions are governed by applicable Polish law.

These Terms and Conditions are effective from January 1, 2022.