Terms and Conditions
General Terms and Conditions (“GTC”)
for customers (hereinafter referred to as “Customer” or “Customers”) of
VAP Restaurants GmbH, Commercial Register No. 436137, Karl-Popper-Straße 2b/Top 9, 6th Floor, A-1100 Vienna (hereinafter referred to as “VAP Restaurants”), including the online “Take Away” shop
1. Scope and Amendments
1.1. These Terms and Conditions apply to the entire range of services offered by VAP Restaurants. This includes, in particular, orders and purchases made through the online “Take Away” shop (“Take Away Shop”), which is accessible both via the website and through the VAPIANO app, as well as participation in the loyalty program via the VAPIANO app. The loyalty program includes, in particular, the collection and redemption of points, as well as the receipt and use of rewards and special offers, including the Student Deal. Supplementary provisions regarding the loyalty program are set forth in Section 11 of these Terms and Conditions. 1.2. Customers may access information regarding the protection of their personal data in accordance with Articles 13 and 14 of the GDPR at [VAP Privacy Policy].
2. Conclusion of the Contract
2.1. When ordering food or a beverage from the takeout shop on the VAP Restaurants website or merchandise from the online store, the customer, after selecting the desired product and entering the necessary information, submits to submit a binding offer to enter into a contract for the desired product. Before submitting the binding order, the customer has the opportunity to review and correct all data entered. In the Take Away Shop, orders can be placed during VAP Restaurants’ business hours, but no later than 30 minutes before closing time. The offer can only be accepted during business hours.
2.2. If VAP Restaurants accepts the order, the customer will receive an order confirmation via email. This order confirmation constitutes a binding contract between the customer and VAP Restaurants for the provision of the products purchased in the Take Away Shop. VAP Restaurants reserves the right to refuse orders without providing a reason.
3. Ordering and Picking Up Food
3.1. Food and beverages ordered through the takeout shop can be picked up at the specified pickup time.
3.2. If the ordered food and beverages are not picked up at the agreed-upon pickup time, they will be held for pickup for one hour, up to the end of business hours. Unclaimed food will be disposed of after one hour without a refund of the purchase price.
4. Payment
4.1. The purchase price for the ordered food, beverages, gift certificates, or merchandise is the price listed in the Take Away Shop at the time of the order. All prices include sales tax.
4.2. The purchase price is due in full, without any deductions, upon receipt of the order confirmation.
4.3. The available payment methods will be clearly communicated to the customer no later than the start of the ordering process and presented to the customer for selection. The customer’s selection of a payment method during the ordering process is binding. For Take Away orders, the customer may choose between cash payment or various online payment options; for merchandise purchases, only the various online payment options are available. Credit card payments are processed through the payment service provider “Stripe.”
5. Gift Certificates
5.1. Gift certificates purchased at the Take Away store, Interspar, or in a restaurant are valid for 10 years from the date the contract is concluded.
5.2. Gift certificates cannot be redeemed for cash. Any remaining balance will not be refunded if the certificate is only partially redeemed. Gift certificates cannot be used to purchase additional gift certificates.
5.3. Gift certificates may be redeemed exclusively at a VAP Restaurants location (all Austrian VAPIANOs except the one in Linz). Online redemption of gift certificates in the Take Away Shop or online store is not possible.
5.4. The gift certificate becomes valid only upon full payment of the purchase price. In the event of withdrawal from the contract or if the contract is invalid, the gift certificate loses its validity and cannot be redeemed.
6. Warranty
6.1. The statutory warranty provisions apply.
7. Limitation of Liability
7.1. Liability for property damage incurred by business customers is limited to damage caused intentionally or through gross negligence by VAP Restaurants, its employees, or its agents. Liability on the part of VAP Restaurants for slight negligence—except with regard to personal injury—is excluded. With respect to consumers, the statutory provisions regarding damages apply without restriction.
8. Right of Withdrawal for Consumers When Using the Online “Take Away” Shop or Store
8.1. If the customer is a consumer and the contract for the purchase of a gift certificate was concluded online via the “Take Away” shop, the customer has the right to withdraw from the contract within fourteen days of the contract’s conclusion without providing a reason.
8.2. To exercise the right of withdrawal, the customer must notify VAP Restaurants of the withdrawal from the contract by means of a clear statement (e.g., by letter sent by mail or email) to info@vapiano.at or to VAP Restaurants GmbH, Karl-Popper-Straße 2b/Top 9, 6th Floor, A-1100 Vienna. The customer may use the sample withdrawal form below for the withdrawal, though its use is not mandatory.
8.3. To meet the withdrawal deadline, it is sufficient for the customer to send the notice exercising the right of withdrawal before the withdrawal period expires.
8.4. Consequences of withdrawal: If the customer withdraws from the contract, VAP Restaurants must refund the customer all payments received from the customer without delay and no later than fourteen days from the date on which VAP Restaurants received notice of the withdrawal from the contract. For this refund, VAP Restaurants will use the same payment method the customer used for the original transaction, unless expressly agreed otherwise with the customer; in no event will the customer be charged any fees in connection with this refund. In addition, however, the customer must return any merchandise received to VAP Restaurants at their own expense.
8.5. Sample Withdrawal Form (If you wish to withdraw from the contract, please fill out this form and return it) To VAP Restaurants GmbH, Karl-Popper-Straße 2b/Top 9, 6th Floor, A-1100 Vienna, info@vapiano.at. - I/we () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods ()/the provision of the following service (): - Ordered on ()/received on (): - Name of the consumer(s): - Address of the consumer(s): - Signature of the consumer(s) (only for paper notifications): - Date:
___________________ (*) Delete as appropriate
8.6. Exception to the Right of Withdrawal There is no right of withdrawal for food orders (Section 18(1)(4) FAGG).
9. Corporate Partnerships
9.1. The partnership agreement is entered into between VAP Restaurants and the respective partner company. It is valid for one year from the agreed-upon start date. Unless either party objects to the renewal, the agreement is automatically extended for an additional year.
9.2. Both contracting parties are entitled to terminate the agreement at any time without stating reasons by providing written notice.
9.3. The benefits provided (e.g., discounts, free products, or other services) under this partnership may be used exclusively by the relevant employee of the partner company personally. Transferring these benefits to third parties is expressly prohibited.
9.4. The benefits apply only as long as the person is verifiably employed by the company with which the partnership was established.
9.5. The benefits granted as part of the partnership apply exclusively at the agreed-upon location.
10. Aperitivo Workshops
10.1. Scope and Conclusion of Contract
Customers can book spots for Aperitivo Workshops through the VAP Restaurants event web shop. A binding contract between the customer and VAP Restaurants is formed upon receipt of the booking confirmation.
10.2. Booking and Number of Participants
An Aperitivo workshop can be booked for as few as one person. The maximum number of participants depends on the number of available spots for the respective workshop.
A minimum of four participants is required for a workshop to take place. If this minimum number of participants is not reached, VAP Restaurants is entitled to cancel the workshop or reschedule it for a different date.
10.3. Cancellation or Rescheduling by VAP Restaurants
VAP Restaurants reserves the right to cancel or reschedule a workshop, particularly if the minimum number of participants is not reached, in the event of the workshop leader’s illness, for organizational reasons, due to force majeure, or under comparable circumstances.
In the event of a cancellation or rescheduling, the customer will, if possible, be offered participation in an alternative date at no charge.
If the customer is unable to attend the offered alternative date or if no suitable alternative date can be offered, the participation fee already paid will be refunded in full.
Further claims, in particular for reimbursement of travel, lodging, or other consequential costs, are excluded to the extent that such exclusion is permitted by law.
10.4. Cancellation by the Customer
A workshop booking may be canceled free of charge no later than seven calendar days before the scheduled workshop date.
The cancellation must be communicated to VAP Restaurants in writing—specifically via email—within this timeframe. In the event of a timely cancellation, any payments already made will be refunded via the original payment method.
In the event of a cancellation less than seven calendar days before the workshop date, as well as in the event of a no-show, there is no entitlement to a refund of the participation fee.
The customer reserves the right to prove that VAP Restaurants incurred no damage or significantly less damage as a result of the last-minute cancellation.
10.5. Illness or Other Circumstances Preventing the Participant’s Attendance
If a participant is unable to attend the booked workshop due to illness or another personal reason, the reserved spot may be transferred to another person at no additional cost. VAP Restaurants must be notified of this before the workshop begins.
If no substitute can attend, VAP Restaurants may, subject to availability and upon proof of illness-related absence, offer a one-time free rebooking to another workshop date.
A refund of the participation fee is not permitted in the event of illness or other personal impediments within seven calendar days prior to the workshop date.
10.6. Changes to the Workshop
VAP Restaurants is entitled to adjust individual content, recipes, ingredients, or the workshop schedule for organizational or seasonal reasons, provided that this does not significantly alter the fundamental nature and overall scope of the booked workshop.
10.7. Exclusion of the Statutory Right of Withdrawal
To the extent that the booked workshop constitutes a service related to recreational activities and a specific date is scheduled for its provision, there is no statutory right of withdrawal pursuant to Section 18(1)(10) of the FAGG.
The option granted in Section 10.4 for free cancellation up to seven calendar days before the workshop remains unaffected by this.
11. VAPIANO App, Loyalty Points, and Rewards
11.1. Participation in the Loyalty Program
Through the VAPIANO App, registered customers can participate in the VAP Restaurants loyalty program, earn points, and receive rewards and special offers. A customer account in the app is required. For points to be credited, the respective purchase must be assigned to the customer account.
11.2. Earning Points
For purchases made as part of the loyalty program, customers receive 10 points for every 1 euro of the actual purchase amount paid. The invoice amount, including sales tax and after any discounts have been deducted, is used for calculation purposes. The points earned are credited to the customer’s account.
11.3. Validity and Expiration of Points
Earned points are valid for twelve months from the date they are credited. If they are not redeemed within this period, the points in question expire. This period applies separately to each point credit.
11.4. Rewards and Redemption Conditions
As part of the loyalty program, customers can receive rewards or redeem accumulated points for offered rewards.
The type and scope of each reward, any required point balance, the expiration date, and the redemption terms are specified in the app for each reward. These may include minimum order amounts, specific redemption periods, participating locations, or restrictions on certain products.
For rewards purchased with points, this information is displayed before the points are redeemed. For other rewards, it is displayed when the reward is made available. For a reward that has already been received, the terms and conditions and deadlines communicated at the time of its acquisition or provision apply.
11.5. Student Deal
As part of the Student Deal, students can receive a 15% discount on all food and beverages via the VAPIANO app every Monday, Wednesday, and Thursday. The Pasta del Giorno is excluded.
The Student Deal is activated by verifying a student email address based on their university domain. After successful verification, the discount is automatically applied to every order associated with the verified customer account that meets the terms of the Student Deal.
11.6. Data Protection
Information regarding the processing of personal data in connection with the app and the loyalty program can be found in the Privacy Policy referenced in Section 1.2.
12. Final Provisions
12.1. Austrian law shall apply exclusively to all disputes arising from or in connection with these Terms and Conditions or any legal relationships between VAP Restaurants and the customer, to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the conflict-of-laws rules of private international law. With respect to consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection afforded by the mandatory provisions of the law of the consumer’s country of habitual residence.
12.2. For all disputes arising out of or in connection with these Terms and Conditions or any legal relationships between VAP Restaurants and the customer, the parties agree to the exclusive jurisdiction of the court having subject-matter jurisdiction over Vienna, Innere Stadt. If the customer is a consumer, the statutory places of jurisdiction shall apply to all disputes arising from or in connection with these Terms and Conditions.
12.3. Should any individual provision of these Terms and Conditions be or become invalid, this shall not affect the remainder of the Terms and Conditions. The invalid provision shall be replaced by a valid provision that is legally enforceable and most closely reflects the economic intent of the parties.