Booking Terms and Conditions

Noma Mexico – Booking Terms And Conditions

How to make a reservation 

  1. These Booking Terms and Conditions govern the booking process for reservations (“the Booking”) to dine at Noma Mexico [The Pop-Up Company ApS], (“The Restaurant”) during the period from 12 April, 2017 to 28 May 2017 (“Dining Period”).
  2. When you click “I agree” to these Booking Terms and Conditions as a part of the booking process you accept the terms set out in these Booking Terms and Conditions to govern your Booking.
  3. Bookings will open 6 December 2016 and will be offered on a first-come, first-served basis.
  4. To view the booking calendar, you must visit the website at noma.dk/mexico.
  5. Once a table is selected, you will be allotted 7 minutes to complete the Booking, including registration, prepayment and confirmation. You will be asked to enter your contact details, set up an account with the booking platform, and prepay the full cost of the menu for all members of your party.
  6. When entering the booking calendar, you will be able to select from the following options, depending on remaining availability:
    1. number of diners: 2, 4, or 6;
    2. time of reservation;
    3. whether you would like to be placed on the wait-list if we cannot meet your desired Booking.
  7. If payment method is declined and/or time allotted to complete the Booking lapses, the Restaurant cannot be held responsible and will not be able to help if bookings are no longer available.
  8. Once a Booking is selected and confirmed and you have accepted these Booking Terms and Conditions, you will receive a booking confirmation and the prepayment will be withdrawn from your account. When the booking confirmation is received, an agreement is entered into between you and Noma. You will receive an invoice for your purchase in connection with the actual dining experience.
  9. Once you have received said booking confirmation, changes to the date and/or time of the booking and/or number of diners will not be possible.
  10. Cancellation Policy: Bookings/prepayment will be non-refundable, however, Bookings will be transferrable.
  11. If you want to transfer your Booking to a new party, the full details of the new party must be registered by use of transfer functionality at https://nomamexico.tocktix.com/ to complete the transfer. Transfer of Bookings will be possible in name only; transfer of payment must be handled between guests directly, as appropriate.
  12. The Restaurant reserves the right to cancel or change your Booking in the event of unforeseen or other circumstances outside the Restaurant’s control, including (without limitation) weather conditions, problems with infrastructure entailing hardship of travel to the Restaurant, illness of the Restaurant’s chef or other key staff, natural disasters, utility interruptions, safety and security concerns (including outbreak of disease) or decisions from any authority. The Restaurant is not obliged to find another suitable timeslot for your Booking, but we will do our best to reschedule your Booking. In the event of cancellation or if our suggested reschedule of your Booking is not acceptable to you, the Restaurant will refund the pre-payment made by you. The refund will be made using the same means of payment as your pre-payment. The Restaurant will not be liable to you or any other person for any interest on your prepayment or other costs, expenses, losses or any any consequential or indirect loss of costs resulting from such cancellation or rescheduling, including cost of travel or pre-booked accommodation
  13. Further details in relation to the cost of dining at the Restaurant and other practical issues can be found in the Noma Mexico’s FAQ document, which is available at https://nomamexico.tocktix.com/faq. Such details are provided strictly for information purposes only and do not form part of these Booking Terms and Conditions.
  14. Bookings at the Restaurant cannot be:
    1. used or otherwise disposed of in the course of any business or for the purpose of facilitating a third party’s business;
    2. sold or offered for sale to any third parties at a higher price than originally paid for the Booking;
    3. transferred, used or otherwise disposed of:
      1. in relation to any promotional or commercial purpose (including any competition, advertising, promotion, auction or as a prize in any competition or sweepstake, whether for a business or a charity or otherwise); or
      2. to enhance the demand for any other goods or services; or
    4. combined with or incorporated as part any other good(s) or service(s) (including as part of any hospitality, accommodation or travel package or service).

    Any Booking offered, used or disposed of in breach of this paragraph 15, may be cancelled and anyone seeking to use the Booking may be refused admission to or evicted from the Restaurant without refund or compensation.

Booking platform

  1. You acknowledge and agree that Bookings are processed through a third party booking platform operated by Tock (“the Platform“).
  2. You will be required to register for a user account on the Platform and you will be responsible for maintaining the security of your user credentials for such account, and for all activities that occur on your account.
  3. Your use of the Platform is governed by Tock’s terms and conditions of use available at https://www.tocktix.com/legal/terms-of-use.html and its privacy policy available at https://www.tocktix.com/legal/privacy-policy.html.

Privacy and marketing

  1. Noma Mexico’s privacy policy relating to personal information collected by the Restaurant is available at noma.dk/mexico/privacy-policy and forms part of these Booking Terms and Conditions.

Liability

  1. Nothing in these Booking Terms and Conditions operates to exclude, restrict or modify the application of any mandatory right or liability under applicable Consumer Law or any other statute where to do so would contravene that statute or cause any term of this agreement to be void (“Non-excludable Obligations”).
  2. Except in relation to Non-excludable Obligations, all conditions, warranties, guarantees, rights, remedies, liabilities or other terms that may be implied or conferred by statute, custom or the general law that impose any liability or obligation on us are expressly excluded under these Booking Terms and Conditions.
  3. Except in relation to Non-excludable Obligations, the Restaurant has no liability to you for any direct, indirect or consequential liabilities, losses, damages, costs and expenses, whether arising in contract, tort (including negligence) or otherwise suffered or incurred by any person:
    1. in connection with or in any way relating to the Booking, including:
      1. in connection with any disruption to or unavailability or failure of Bookings, the Platform, the Restaurant’s website or services; or,
      2. interference with or damage to computer systems or other electronic devices in connection with your use of the Platform, the Restaurant’s website or services;
      3. in connection with errors, omissions or inaccuracies contained in any information published on the Platform, the Restaurant’s website or supplied by the Restaurant to you via email or otherwise;
      4. as a result of any fraudulent use, misuse or misappropriation of your Platform user account; or
      5. as a result of any act committed by another person in connection with your (or another user’s) use of the Platform, the Restaurant’s website or services;
    2. arising from any circumstance beyond the Restaurant’s control; and
    3. otherwise under or in connection with these Booking Terms and Conditions.
  4. The Restaurant is located at Carreter Tulum – Bocapaila, Km 8.1, Zona Costera, Tulum, Quintana Roo, 77780, Mexico, Mexico, and is thereby located close to the beachfront near rain forests and wild nature. This location has been chosen with the purpose of offering you a special and unique experience. The Restaurant is not liable for any disturbances/other elements caused by the nearby wild life or nature.

General

  1. Any failure to comply with these Booking Terms and Conditions may result in cancellation of a Booking without compensation or refund.
  2. Except to the extent expressly permitted by these Booking Terms and Conditions, you may not assign your rights under these Booking Terms and Conditions, or attempt or purport to do so.
  3. These Booking Terms and Conditions will be governed by and interpreted in accordance with the laws of Denmark excluding its choice of law rules. Any dispute arising from or in connection with these Booking Terms and Conditions will be submitted to the exclusive jurisdiction of the City Court of Copenhagen.
  4. If any provision of these Booking Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected.
  5. Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition. A waiver of any provision or right under these Terms and Conditions must be in writing and signed by the party entitled to the benefit of that provision or right.
  6. These Booking Terms and Conditions constitutes the entire agreement between the parties on its subject matter and supersede any previous arrangements, agreements, representations, understandings or statements (whether verbally, in writing or in another format).