In addition to the Terms of Use (the “Terms of Use”), the following terms and conditions apply when you choose to use the Payment Services made available by OpenTable through the OpenTable Sites in the United States (“Payment Services Terms”). These Payment Services Terms, incorporate and form a part of the Terms of Use that apply to your use of the OpenTable Sites and Services. In the event of any conflict between the Payment Services Terms and the Terms of Use, these Payment Services Terms shall prevail. All capitalized terms not otherwise defined herein shall have their meanings as set forth in the Terms of Use.
1. General Description and Requirements. The Payment Services allow Users to pay bills at participating Restaurants through the OpenTable Sites. In order to use the Payment Services at a participating Restaurant, you must: (1) make a reservation for the Restaurant through the Reservation Services; (2) provide valid payment method information through or to the OpenTable Sites as further described below; (3) provide and verify your mobile phone number as further described below; and (4) have an Account in good standing. Additionally, certain Payment Services may only be available through one or more of our applications which you may be required to download in order to use. The Payment Services may not be available for all Restaurants; for a list of participating Restaurants, please visit the OpenTable Sites. There is no fee to you to use the Payment Services, but your mobile carrier’s standard text message and data charges may apply; you are responsible for any fees charged by your mobile carrier in connection with your use of the Payment Services and OpenTable Sites.
2. Payment Method Information. In order to use the Payment Services, you must provide account information for at least one valid debit or credit card or other payment method through or to the OpenTable Sites. OpenTable uses this payment method account information as described in our privacy policy. If you provide account information for a debit or credit card to the OpenTable Sites via a third party, your provision of such debit or credit card shall also be subject to the terms and conditions specified by such third party. OpenTable takes no responsibility and assumes no liability for any actions or omissions of such third party. You may add, delete, and edit the payment method account information you have provided from time to time directly through the OpenTable Sites. If you provide account information in such manner for more than one valid debit or credit card, you must select which debit or credit card you want to use to pay your Restaurant bill. OpenTable Gift Cards and Merchant Gift Cards may not be redeemed to pay your Restaurant bill through the Payment Services.
To confirm that the payment method information you have provided through or to the OpenTable Sites is accurate, we may place a temporary authorization on your payment method at the time you provide your payment method information through or to the OpenTable Sites or when you make a reservation and opt in to use the Payment Services. After we verify that your payment method information is accurate, usually within a few days, the authorization will be removed.
To the extent permitted by applicable law and subject to our privacy policy, you acknowledge and agree that we may use certain third-party vendors and service providers to process payments, manage debit and credit card information and detect and prevent fraud.
By providing debit or credit card account information through or to the OpenTable Sites, you represent, warrant, and covenant that: (1) you are legally authorized to provide such information to us; (2) you are legally authorized to perform payments from the debit or credit card account(s); and (3) such action does not violate the terms and conditions applicable to your use of such debit or credit card account(s) or applicable law. When you authorize a payment using a debit or credit card account via the OpenTable Sites, you represent, warrant, and covenant that there are sufficient funds or credit available to complete a payment using the debit or credit card account.
3. Verified Mobile Phone Number. In order to use the Payment Services, you must provide a valid mobile phone number through the OpenTable Sites and verify such number as instructed by us. To verify your mobile phone number, we will send you a code via text message to the mobile phone number you provided, and you must enter that code as instructed in the OpenTable Sites. If you change your mobile phone number, you must promptly provide and verify your new mobile phone number. When you provide your mobile phone number, you expressly consent to receive direct dial calls, autodialed and prerecorded message calls, and text messages relating to the Payment Services at that number.
4. Account Settings. You may establish certain default settings for your use of the Payment Services through the OpenTable Sites, such as your preferred payment card account if you provided debit or credit card information directly through the OpenTable Sites. You may change these settings through the OpenTable Sites.
5. Payment Authorization and Settlement. After you place an order at a participating Restaurant, you may indicate through the OpenTable Sites that you intend to pay your Restaurant bill using the Payment Services. You may review your bill and select the gratuity from certain options through the OpenTable Sites; provided, however, in lieu of the gratuity you set, a minimum gratuity may be added in accordance with the restaurant’s gratuity policies. When you indicate through the OpenTable Sites that you intend to pay your Restaurant bill using the Payment Services, you authorize the Restaurant to charge your debit or credit card for the full amount of your final bill, which may include among other things a gratuity based on your selection or minimum gratuity, if any, charged by the restaurant, any applicable taxes, surcharges or fees and may include adjustments for any errors or omissions. You may only use the Payment Services to pay the full amount of the bill; no split checks or partial payments are permitted. These Terms do not alter your payment obligations to Restaurants; you are responsible for timely payment of all amounts owed by you to any Restaurant. Depending on your payment method, you may be subject to certain minimum charges. Except to the extent otherwise required by applicable law, OpenTable is not responsible or liable for any payments authorized through the OpenTable Sites using your payment method information.
6. Receipts and Transaction History. As a courtesy, we will email a receipt to the email address associated with your Account upon completion of a transaction using the Payment Services. You may print and save copies of these receipts. If you would like a paper receipt, you must request one from the Restaurant at the time of the transaction.
7. Certain Limitations. You acknowledge and agree that OpenTable provides the Payment Services only as a convenience and is not a party to your payment transactions performed using the Payment Services. OpenTable is an independent contractor for all purposes and is not your agent or trustee. OpenTable is not responsible, and has no liability for, the products or services that are paid for with the Payment Services. OpenTable is not responsible for any overcharges or other payment disputes with Restaurants. Users must resolve payment and other disputes directly with Restaurants.
OpenTable is not liable for any payments that the Payment Services do not complete because: (1) your debit or credit card account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit or overdraft protection of the debit or credit card account; (2) you have not provided us with correct payment account information; (3) your debit or credit card has expired; or (4) circumstances beyond our control (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) prevent the execution of the transaction. To the extent that any amounts owed cannot be collected from your debit or credit card account through the Payment Services, you are solely responsible for paying the applicable Restaurant(s) by other means.
8. Additional Terms for “Tab” Payment Services. In addition to the foregoing, the following additional terms and conditions apply when you choose at the time of making your reservation to use the “Tab” Payment Service to pay for the meal served at such reservation (the “Tab Payment Services”):
i.Payment Authorization and Settlement. When you make a reservation through the Reservation Services and choose at the time of booking the reservation to pay with the Payment Services, you authorize the Restaurant to charge your debit or credit card for the full amount of your final bill, which may include among other things, a tip based on your tip settings or a minimum tip, if any, charged by the Restaurant, any applicable taxes, surcharges or fees. The debit or credit card you have provided through or to the OpenTable Sites will be charged by the restaurant at the end of the meal for such amount. You will not be able to review your bill through the OpenTable Sites prior to being charged for your bill. However, you may ask your server for an itemized receipt prior to being charged. If you do not change your default tip percentage through the OpenTable Sites prior to your debit or credit card being charged for your bill, your default tip percentage will be applied to the total bill, except as otherwise specified herein.
ii.Receipts and Transaction History. As a courtesy, we will email a summary receipt containing the subtotal, tip and total amount charged to the debit or credited card associated with your Account. You may print and save copies of these receipts. If you would like an itemized paper receipt, you must request one from the Restaurant.