In these terms and conditions, the following terms shall, unless the context implies otherwise, have the meanings attributed to them
"App" or "Apps" mean any of GUSTO's official smartphone applications
"Children" means diners aged under 10 years or diners who order from kids' menu
"Holder", "Member", "You", "Your" means the holder of a valid GUSTO membership and/or Unlocked App
"Notice" means the posting on the Site of any material intended for Members' attention
"One-Time Discount" means the discount redeemable only once at the same Partner Establishment upon presentation of an unlocked App. It is valid only for the holder and 1 guest and applies to the food bill only. Unless stated otherwise in the Website, any beverages consumed are to be paid in full.
"Partner Establishment" means a restaurant, hotel, spa or any other service provider offering a discount under the GUSTO scheme
"Site", "Website" - means www.GUSTO.com.mt or any sub-domain of it.
"Unlimited Offers" means those discounts which vary from one Partner Establishment to another and can be a discount on the food bill, on the entire bill or any other offer. Kindly consult the Website for details on specific Partner Establishments' discounts and/or exclusions.
"We", "Ourselves", "Our"- means GUSTO and Trend Ventures Coop Ltd.
In this Agreement, unless the context otherwise requires:
Words importing the masculine gender shall include the feminine gender; and Words in the singular shall include the plural and words in the plural shall include the singular.
By becoming a Member you acknowledge that you have read, agreed with and accepted all of the terms and conditions expressly set out below and those incorporated by reference. You accept that we reserve the right at our sole unfettered discretion to amend these terms and conditions at any time by giving you Notice of such amendment by posting the amended terms and conditions on the Site.
The GUSTO Scheme and smartphone Apps are the exclusive property and ownership of Trend Ventures Coop Ltd.
All GUSTO discounts and/or offers may only be obtained by using a valid App as applicable, the expiry date of which will vary and thus must always be checked at each Partner Establishment. Memberships are strictly non-transferable and can only be used by named members and their dining partner/s. A valid form of identification (ID) might be requested at the discretion of the Partner Establishment management. Attempted misuse will result in termination of membership without compensation and potential action for damages.
In circumstances where the Holder and 1 guest are dining with other adult diners who are not GUSTO members, the cheapest 2 items from each course consumed by the party will be discounted by 50% (or 30%, as applicable) e.g. cheapest 2 starters, 2 mains and 2 deserts (if dessert is included in the specific Partner Establishment's available discounts). In the event that the diners accompanying the Holder and guest are children, the discount is still calculated on the price of the adults' food bill and the children's order must be paid in full.
The GUSTO discounts do not apply on Public Holidays and special occasions such as Christmas Eve, Christmas Day, New Year's Eve and New Year's Day, Easter, Valentine's Day, Mothers' Day and Father's Day. Participating Partner Establishments shall have full discretion on whether to apply discounts on the eves of Public Holidays. Furthermore, the nature of the discounts granted by each Partner Establishment shall be stipulated on the Site;
GUSTO discounts do not apply during special location-specific events when it is very likely that Partner Establishments in that particular location are busy. Such events may include (not limited to) Carnival in Gozo, Notte Bianca in Valletta, Birgu Fest in Vittoriosa, village feasts etc. Therefore, if there's a big crowd-pulling event being held in a specific location on a particular day, We recommend that You call the Partner Establishment prior to visiting and ask whether you would be able to avail yourself of Your GUSTO discount or otherwise.
GUSTO discounts apply on the standard prices on the Partner Establishments' a-la-carte menus and not applicable on take away orders. GUSTO discounts cannot be taken in conjunction with any other special offers Partner Establishments may offer from time to time. These special offers may include specially discounted menus, set menus or special dishes which Partner Establishments may offer as in-house promotions.
Partner Restaurants with limited seating capacity may, following agreement to that effect with GUSTO, set a maximum quota for GUSTO memberships accepted during a specific dining session, in which event Gusto discounts would not apply.
Partner Establishments which are hotels are bound to allocate a minimum of 5 rooms for Gusto members on any given day excluding those days specified in the Restrictions section of the respective hotel's listing on the Website. On days when room availability is limited, hotels may set a maximum quota for GUSTO memberships which quota cannot be less than 5 rooms.
Partner Establishments may require prior reservation and mention of GUSTO, which Partner Establishments will be marked by a special icon on the Website. Failure to book and mention GUSTO ahead of Your visit at such Partner Establishments will result in the forfeiture of Your right to discounts.
GUSTO discounts are applicable subject to the bill being paid in cash. Should Your only payment method available be by credit Card, the Partner Establishment reserves the right to deduct not more than 5% from the discount amount applicable.
Holders of expired memberships will not be able to claim further discounts unless these are renewed and the app is activated again.
GUSTO is an exclusively online product. While it is Our intention to keep changes to a minimum, the most updated and ultimately binding information on the listed Partner Establishments and discounts offered is that available on the Site. Therefore, it is imperative that you refer to and verify through the Website prior to dining out at a Partner Establishment. Members are expected to connect to the internet to ensure that their App is up to date with the latest information. Members are expected to be aware of any restrictions or limitations that might apply before dining at their Partner Establishment of choice.
To claim Your discount, the App should be presented before or when you request the bill not after it has been issued. Presenting the app after the bill has been issued could result in the forfeit of the Member's right to the discount.
We will use all reasonable endeavours to update the Website and App to show the current particulars of participating Partner Establishments and the terms of their availability for participation in the scheme. Participating Partner Establishments may, however, be entitled to withdraw from the scheme or to change the terms and conditions of their availability after you have become a member and We shall have no responsibility for any such withdrawals by participating Partner Establishments or any such changes in their terms and conditions or availability. We shall have no responsibility should a Partner Establishment withdraw before Member had the opportunity to redeem the discount at the same Partner Establishment however we endeavour to replace withdrawn Partner Establishments with new ones within the shortest time possible.
It shall be the Member's sole and exclusive responsibility to keep him adjourned on participating Partner Establishments' information or on withdrawn and/or newly added Partner Establishments by checking the Website and updating the App.
The information contained in the material in Our Website and App is only for information purposes. We do not make any warranty or representation as to the accuracy or fitness for purpose of any material on the Site or Apps or the reliability of the access to the Site or Apps. Neither Ourselves nor any of Our directors, officers, agents, employees or other representatives shall be held liable for any damages arising out of or in connection with the use of Our Site or Our services or your visits and dealings with participant Partner Establishments. This is a comprehensive limitation of liability that applies to all damages of any kind, including without but without limitation to compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims by third parties.
In no event do We accept liability of any description (including liability arising from negligence) for any damages or losses including, without limitation, loss of business, revenue, profits, or consequential loss whatsoever resulting from use of or inability to use Our Website or Apps due to technical or non-technical reasons. We do not provide any warranty that the Website or Sites which are linked to Our Site are free from computer viruses or any other malicious or impairing computer program. The pages contained in the Site may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. We do not accept any responsibility for keeping the information in these pages up to date or liability for any failure to do so.
Third party goods and services - No representations are being made on the quality, safety or trustworthiness of Partner Establishments and those persons, companies and other organisations whose goods or services may be accessed or displayed through or on the Site or Apps. We take no responsibility for bad experiences or bad food at any of the Partner Establishments and We take no responsibility in the event of any problems whatsoever arising in Your relationship with any of the participating Partner Establishments and/or Your dining experience at any of the participating Partner Establishments. It is specified that any contractual relationship in relation to Your bookings or other dealings with the Partner Establishments on Our Site shall operate exclusively between You and the owner/operator of the said Partner Establishments. We shall not be held liable, in any manner whatsoever, in the event that any Partner Establishment participating in this scheme is unable or refuses to honour its commitment to accept GUSTO and the relative membership benefits thereto. We shall not be involved in any dispute whatsoever arising between you and any participating Partner Establishment.
Failure to enforce or non-reliance on any of these Terms and Conditions by Ourselves on a particular occasion or occasions will not prevent Us from subsequently relying on or enforcing them.
Should a Member be in breach of any of these Terms and Conditions or found guilty of misuse of whatever nature, We will have the right to revoke membership with immediate effect with no right to reimbursement and/or any compensation whatsoever.
These Terms and Conditions, and any agreement entered into in connection with the same, will be governed by and construed in accordance with Maltese law, and any disputes relating to this notice shall be subject to the exclusive jurisdiction of the courts of Malta.