Terms of service
General Terms and Conditions for Sakure Walk
Effective Date: 01.11.2019
1. Introduction
1.1. Acceptance of Terms: These General Terms and Conditions (AGB) („Terms“) govern the use of the services provided by Sakure Walk through the website https://sakurewalk.com. By using our services, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, please do not use our services.
2. Reservation Services
2.1. Reservation Process: Sakure Walk offers reservation services for cafés that are often fully booked within seconds. We will make our best effort to secure a reservation spot at your desired café.
2.2. Reservation Guarantee: While we strive to secure reservations for our customers, we cannot guarantee the availability of a reservation spot. In the event that we are unable to secure a reservation for you, we will refund 100% of the amount you have paid to us.
2.3. Reservation Mistakes: The company will process an application to the client’s requirements and requests, and will not be responsible for any incorrect information provided. The company will make all efforts to obtain the reservation in the specified period of time. Should the company have caused any of the above through error or omission, then the company’s liability is strictly limited to the cost of the reservation fee or refund of all fees paid and the company cannot accept any responsibility for consequential loss, such as, but not limited to: lost profits/income, lost time or other booking fees.
2.4. Reservation cancellation rights: Once you have submitted your application with us online, it is assumed that you have agreed that we may instantly begin the processing of your application and provide our service, and by agreeing to these terms and conditions, you are therefore providing your express consent for this to happen. As a result, you will not have any right to cancel. This is because, under the law of Switzerland there exists no right to cancel or exchange. You lose your right to cancel if you agree that we can start providing the services. The principle “pacta sunt servanda” (lat. for contracts must be fulfilled) is applied.
2.5. Delivery Policy: Our Delivery Policy is set out to explain to you, the customer, how we provide the Processing Service offered on our website. sakurewalk.com is a private, third party RESERVATION applications data processing agency and it is not affiliated in any way with the Government of Japan, or the official Websites of these cafés.
Services provided:
– Reservation: Service to reserve slots for our customers.
– Email customer support on workdays.
sakurewalk.com does not guarantee that reservations will be accepted, we only process the customer’s application data. Therefore, if you are not eligible to get in the reserved slot we can not provide you with anything.
2.6. Miscellaneous: These terms of use shall not constitute or be deemed to constitute a partnership, joint venture or contract of employment between you and us. You may not assign, new reservation otherwise transfer or deal in any of your rights or obligations under these terms of use without our written consent. Headings in these terms of use are for convenience only and are not to be taken into account when construing these terms of use.
3. Customer Responsibilities
3.1. Adherence to Café Policies: We are not responsible for any refusal of access to the café due to their policies, rules, or any other circumstances beyond our control.
3.2. Accuracy of Information: Customers are responsible for providing accurate information during the reservation process, including but not limited to the correct name and contact details. We are not responsible for any issues that may arise due to inaccuracies in the information provided.
4. Our Relationship with Cafés
4.1. Not an Official Partner: We are not an official partner of the cafés for which we secure reservations. We act as an intermediary to provide reservation services. Any disputes, concerns, or issues related to the café’s service or policies should be directed to the café itself, and not to Sakure Walk.
5. No Ticket Reselling
We do not engage in the reselling of tickets. We only provide a reservation service, and customers pay for the workload an employee needs to complete a reservation of a seat at the café.
6. Jurisdiction and Governing Law
6.1. Jurisdiction: The legal jurisdiction for any disputes or legal matters arising from the use of our services is exclusively in Lucerne, Switzerland.
6.2. Governing Law: Use of this site and the Service is governed by Switzerland law, and you irrevocably agree to submit any claim or dispute arising in relation to, out of, or in connection with this site (and any use you make of it or the Service and/or opportunities offered through it) to the non-exclusive jurisdiction of the Switzerland courts.
7. Payment and Privacy
7.1. Payment Processing: We work with PayPal as payment processors. When using our services, you agree to share your payment information with these payment processors. Please review their respective terms and privacy policies for more information. Customer also provide explicit authorization to let Sakure-Walk manage his/her application data and apply on his/her behalf to the Reservation system according to our privacy policy.
7.2. Sharing Contact Details: You acknowledge and agree that we may share your contact details with our payment processors for the purpose of processing payments and providing customer support.
7.3. Customer Authorized: Customer certifies he/her is entitled and legally authorized to pay with the submitted credit or debit card. sakurewalk.com will charge the submitted credit card one total fee and shall be not liable for any illegal use of credit information submitted by the customer.
If you have any questions regarding our delivery policy, please contact us. We will respond within 72 hours during workdays.
8. Changes to Terms
8.1 Changes: Sakure Walk reserves the right to modify or update these Terms at any time. We will notify users of any material changes to the Terms through the Website. It is your responsibility to review these Terms regularly. By using our services, you agree to the terms and conditions outlined in this document. If you do not agree with these terms, please refrain from using our services. These Terms are subject to change, and it is your responsibility to stay informed about any updates.
8.2 Accuracy and Site Content: We use reasonable skill and care in compiling the information accessible on and through this site. However, certain information may have been compiled and/or provided to us by a third party who is not a member of our network. sakurewalk.com does not accept responsibility for the accuracy of any information which is obtained from any such third party. Furthermore, errors and omissions in the information accessible on and through this site may occur because of a number of factors which are inherent in any internet-related system and which are not within our reasonable control. For example, information may be affected by machine, software or operator error, or malfunctions in connection with data transmission. In view of this, the information is provided “as is” and you should always attempt to verify the accuracy of any information obtained from this site before relying upon it. This is a dynamic site and as a result, the content and look and feel may change from time to time without prior notice.
9. Security
We reserve the right from time to time to: (a) alter and/or introduce new and/or additional security measures without notice; (b) temporarily withdraw and/or limit the availability of this site to any individual(s); and (c) do anything else that we believe necessary to preserve the security and integrity of this site and the information held in this site’s databases.
10. Disclaimer and Limitation of Liability
(a) Except as may be set out in these terms of use, this site, its content, and any use you choose to make of it, are provided and permitted without any representations or warranties of any kind, whether express or implied, and we disclaim all such representations and warranties so far as permitted by law. We do not warrant that information contained on or accessed through this site is adequate, complete, accurate or up-to-date, nor do we warrant that the site (or any part of it) will always be accessible, fully functional or free from errors and viruses. Accordingly, you agree that the only remedy available to you for breach of these terms of use shall be for our breach of contract under these terms of use.
(b) Subject to paragraph (d) below, but otherwise so far as permitted by law, we exclude and are not liable for all loss, damage(s) and liability (whether or not caused by our negligence) for all wasted time, all loss/corruption of data, all loss of profits, opportunities, and goodwill, and all indirect, consequential and punitive loss or damage(s) arising from or in relation to use of this site and/or the information on it or any services provided through it, howsoever arising, whether in contract, tort (including negligence), statute or otherwise, and even if it was reasonably foreseeable or we have been made aware of the possibility of such loss/damage(s)/liability.
(c) Subject to paragraph (d) below, but otherwise so far as permitted by law, our total aggregate liability hereunder in respect of direct loss and damage and other direct liability, howsoever arising, whether in contract, tort (including negligence), statute or otherwise shall be limited per claim or series of related claims, to CHF 10.
(d) Nothing in these terms of use shall limit our liability for:
(i) loss or damage for death or personal injury caused by our negligence; or
(ii) for any fraudulent misrepresentation made by us or those under our control.
(e) If you are using this site as a consumer then nothing in these terms of use shall in any way limit your statutory rights.
11. Severability
If one or more of the provisions of these terms of use are at any time found to be invalid by a court, tribunal or other forum of competent jurisdiction, or otherwise rendered unenforceable, that decision shall not invalidate or void the remainder of these terms of use. These terms of use shall be deemed amended by modifying or severing such provisions as necessary to render them valid, legal and enforceable while preserving their intent, or if that is not possible, by substituting another provision that is valid, legal and enforceable which materially gives effect to their intent. Any invalid or unenforceable provision or provisions shall be severable from these terms of use so that the validity or enforceability of their remaining provisions, or the validity of the provision(s) in question in any other jurisdiction shall not be affected.
12. Entire Agreement
These terms of use supersede all prior agreements, arrangements and statements (except for those for which liability is not excluded) between us with respect to your use of this site and constitute the entire agreement between us relating to the same.
13. Rights of Third Parties
No one other than you and us will have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these terms of use, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this clause shall affect the rights of any permitted assignee or transferee.
14. Authorization for Business Orders
All orders placed by businesses and commercial entities are subject to prior acceptance and authorization by Sakure-Walk. To request authorization, businesses must contact our sales department, where the authorization process, including the completion of an application form and adherence to specific criteria set forth by Sakure-Walk, will be determined. Sakure-Walk reserves the right to review and approve or decline authorization requests at its sole discretion, based on various factors. Orders placed by businesses without prior authorization may be subject to cancellation or other actions determined by our company. These authorization terms and conditions are subject to modification at any time, and businesses will be notified of changes to the authorization process. By placing orders with Sakure-Walk, businesses agree to abide by these terms and conditions.
Governing Law
Use of this site and the Service is governed by Switzerland law, and you irrevocably agree to submit any claim or dispute arising in relation to, out of, or in connection with this site (and any use you make of it or the Service and/or opportunities offered through it) to the non-exclusive jurisdiction of the Switzerland courts.