Terms and conditions

General information

The oyabun.eu website ("Website") is operated by OIABU S.R.L., a Romanian company based in Bucharest, registered at the Trade Registry Office under no. J2026016311006, having CUI 54222979, hereinafter referred to as the Restaurant or the Company.

Contact details:

• Address: Strada Scarlătescu, No. 53, Bucharest, District 1
• Phone: 0790 866 000
• Email: contact@oyabun.eu

The purpose of the website is to present the concept of the Restaurant, the available menu, the gastronomic experiences offered, as well as to allow users to make reservations.

So depending on the services available at a given time, the Website can allow:

• making reservations for the a la carte menu or Omakase experiences;
• sending requests regarding the organization of private events;
• other functionalities that the Restaurant can offer.

The website has an exclusively informative and booking facilitation role and does not represent an online store within the meaning of the legislation on electronic commerce.

Depending on the nature of the reserved service, certain experiences or events may be subject to additional conditions, communicated on the Website or agreed by the Parties. In case of inconsistencies, the special conditions applicable to the respective service will prevail over the general provisions of this document.

By accessing the Website, submitting a reservation request or using any available functionality, the user confirms that he has become aware of this document and accepts its application. If the user does not agree with the provisions of these Terms and Conditions, please do not use the Website and do not make reservations through it.

Acceptance of the Terms and Conditions does not affect the rights conferred on consumers by the applicable mandatory legal provisions.

The applicable version is the one published on the Website on the date of its use or, as the case may be, on the date of making the reservation.

The restaurant may periodically update this document to reflect legislative changes, changes in the services offered, the functionality of the Website or the way the activity is carried out.

If the changes affect already confirmed reservations, they will not affect the rights and obligations already born, except in situations where the change is imposed by mandatory legal provisions.

Definitions

For the purposes of these Terms and Conditions, the terms below shall have the following meanings, unless the context requires a different interpretation:

Customer / User

any person who uses the Website, makes a reservation or benefits from the services offered by the Restaurant.

Reservation

the request sent through the Website to occupy a table in the Restaurant or to participate in a gastronomic experience organized by the Restaurant, regardless of whether or not it requires the payment of a deposit.

Booking confirmed

the reservation accepted by the Restaurant by sending a confirmation to the Customer and, as the case may be, after fulfilling the applicable conditions, including the payment of the related deposit.

The Omakase Experience

the exclusive gastronomic service offered by the Restaurant in certain periods, exclusively on the basis of a confirmed reservation, in which the selection of dishes, their sequence and the menu concept are determined exclusively by the Chef, according to seasonality, the availability of ingredients and the culinary concept of each session.

Chef

the chef designated by the Restaurant to design and coordinate the gastronomic experience offered within the Omakase Experience or other special culinary events.

Warehouse

the amount paid in advance to confirm certain reservations, under the conditions set forth in this document and the information provided at the time of reservation.

Private event

the service of exclusive organization of events held within the Restaurant, under conditions agreed separately between the parties.

Terms and Conditions

this document, as may be periodically modified by the Restaurant.

Use of the Website

Purpose of the Website

The website is intended to present the Restaurant, the gastronomic concept promoted by it and the services offered to customers, as well as to facilitate the making of reservations for the gastronomic experiences organized by the Restaurant.

The information available on the Website is provided for information purposes and has the role of allowing users to know the specifics of the Restaurant, the available menus, culinary experiences, organized events and other services offered.

With the exception of the reservation functions and other functions expressly indicated on the Website, it does not allow the conclusion of contracts for the sale of products or the making of online purchases.

Access to the Website

The website can be accessed, in principle, without creating a user account.

Certain functionalities, such as making a reservation, registering on the waiting list or submitting requests regarding the organization of a private event, may require the provision of certain data requested through the forms available on the Website.

The restaurant can modify, suspend or eliminate, temporarily or permanently, certain functionalities of the Website, without this affecting already confirmed reservations, except in situations where the modification is necessary for technical, operational reasons or to comply with a legal obligation.

Availability of the Website

The restaurant makes reasonable efforts to ensure the proper functioning of the Website.

However, the continuous availability of the Website cannot be guaranteed, as there may be periods of unavailability generated, for example, by maintenance operations, updates, technical faults, interruptions of services provided by third parties or other circumstances beyond the Restaurant's control.

To the extent possible, scheduled maintenance work that may affect the operation of the Website will be carried out in such a way that the impact on users is reduced to a minimum.

Obligations of users

Users undertake to:

• use the Website in good faith and only for the purposes stated in the Terms and Conditions;
• provide true, complete and up-to-date information when making a booking or using other available functionality;
• do not use the Website in a manner that could affect its security, operation or availability;
• do not attempt unauthorized access to the IT infrastructure related to the Website and do not carry out activities that may compromise the confidentiality, integrity or availability of the systems used by the Restaurant;
• respect the intellectual property rights on the content available on the Website.

Access restriction

If the Restaurant has reasonable indications that the Website is being used in violation of the T&C or the applicable legal provisions, it may take the necessary measures to protect the Website, the IT infrastructure and its legitimate interests.

Such measures may include, as appropriate, the temporary limitation of access to certain functionalities, the blocking of requests from sources that generate unusual activities or other appropriate technical measures, proportional to the nature of the identified risk.

The adoption of such measures does not affect the Restaurant's right to request compensation for any damages caused by the illegal or abusive use of the Website.

Reservations

General provisions

The restaurant offers customers the possibility of making reservations through the Website, depending on the availability of seats and the services offered at the time of booking.

Reservations may concern, as the case may be:

• à la carte service;
• participating in the Omakase Experience;
• other gastronomic experiences or special events organized by the Restaurant, when available.

Sending a reservation request does not guarantee the availability of seats and does not lead, by itself, to the conclusion of a contract between the Customer and the Restaurant.

Making the reservation

To make a reservation, the Customer will provide the requested information through the form available on the Website.

For certain services, expressly indicated on the Website or in the booking process, booking confirmation is conditional on paying a deposit. The amount of the deposit, the method of payment and the term in which it must be paid will be communicated to the Customer before the completion of the reservation.

The purpose of the deposit is to confirm the firm nature of the reservation and to cover the impact generated by the unavailability of the reserved seats in the situation where the reservation is canceled or is not honored under the terms of this document.

Booking confirmation

The reservation takes effect only after its confirmation by the Restaurant. The confirmation can be sent by e-mail, SMS or any other means of communication indicated in the booking process.

In situations where the reservation is conditional on the payment of a deposit, it will be considered confirmed only after the cumulative fulfillment of the following conditions:

• acceptance of the reservation by the Restaurant;
• payment of the deposit by the Customer within the deadline communicated by the Restaurant.

If these conditions are not met, the Restaurant may consider the reservation request incomplete and may make the respective places available to other interested persons, without the obligation of additional notification.

Changing the reservation

The customer can request the modification of a reservation through the contact channels indicated on the Website.

The restaurant will analyze the request according to the existing availability at the time, but cannot guarantee the possibility of changing the date, time, number of participants or other elements of the reservation.

For bookings involving a deposit, changes to the booking may be subject to additional conditions. For example, in case of a reduction in the number of participants, the Restaurant can recalculate the value of the reserved services or retain the corresponding part of the deposit related to the canceled seats.

Cancellation of booking

The customer can request the cancellation of a reservation under the conditions provided for in this document and, as the case may be, the policy applicable to the type of service reserved.

In the case of reservations for which no deposit is charged, the Restaurant recommends sending the cancellation request as soon as the Customer knows that he will no longer be able to participate, to allow the reallocation of available seats.

For reservations guaranteed by the payment of a deposit, the conditions regarding its return or retention are as follows:

• cancellation more than 72 hours before the reservation time - the deposit is returned in full or at the Customer's request and with the Restaurant's consent, it can be used for a new reservation;
• cancellation less than 72 hours before the reservation time - the Restaurant may retain all or part of the deposit, depending on the conditions communicated for the reserved service;

The restaurant can cancel a reservation in exceptional situations, when its execution becomes impossible or excessively difficult for reasons beyond its control, including, but not limited to:

• safety reasons;
• the objective impossibility of carrying out the service;
• unavailability of essential elements of the booked experience;
• cases of force majeure or fortuitous events.

In these situations, the Restaurant will inform the Customer as soon as possible and will fully refund any deposit paid.

The return of the deposit represents the only obligation of the Restaurant towards the Customer in relation to the cancellation of the reservation / event, unless the law provides otherwise.

No-show

If the Customer does not show up at the date and time of the reservation and has not canceled the reservation under the conditions set forth in this document, the Restaurant may consider the reservation not honored.

In the case of reservations guaranteed by payment of a deposit, the Restaurant is entitled to retain the full deposit.

The restaurant reserves the possibility to consider the history of unfulfilled reservations when analyzing future requests made by the same Customer.

Special requests

During the reservation, the Customer can send special requests regarding, for example, anniversaries, table location preferences, food allergies or other relevant aspects.

The Restaurant will make reasonable efforts to accommodate these requests to the extent that this is operationally possible.

Sending a special request does not equate to its acceptance and does not generate the Restaurant's obligation to be able to fulfill it.

Rooftop terrace

Rooftop services are subject to weather conditions, safety requirements and space availability.

If the use of the terrace is not possible, the Restaurant can relocate the reservation to another available area.

If relocation is not possible, the Restaurant and the Customer will try to find a reasonable solution, including rescheduling the reservation.

The impossibility of using the terrace due to weather conditions does not entitle the Customer to compensation.

The Omakase Experience

The Omakase experience is a gastronomic service distinct from the à la carte service, available exclusively during the periods and under the conditions established by the Restaurant.

Participation is possible only on the basis of a confirmed reservation and payment of the deposit provided for this type of service.

The number of seats available for each session is limited and may vary depending on the culinary concept, space configuration and operational considerations of the Restaurant.

Culinary concept

The Omakase experience is based on the trust given to the Chef regarding the conception and development of the menu.

By making a reservation, the Client understands and accepts that the selection of the dishes, their sequence, the preparation techniques, the way of serving and the pace of the experience are determined exclusively by the Chef, depending on the gastronomic concept of each session.

The experience does not presuppose the existence of a predetermined menu nor the possibility of individual choice of dishes by the Customer, except for situations expressly confirmed by the Restaurant.

Menu and ingredients

The dishes served in the Omakase Experience are made using ingredients selected according to seasonality, availability, freshness and the quality standards pursued by the Restaurant. For these reasons, the menu may vary from one session to another, without prior notice.

The restaurant can replace one or more dishes or ingredients when this is justified by the availability of the products, the quality standards pursued or other culinary or operational considerations.

Such changes do not affect the nature of the contracted service and do not entitle the Customer to a price reduction, deposit refund or other compensation.

Food restrictions and allergies

If the Customer suffers from food allergies, intolerances or follows a diet that may influence the experience, he must inform the Restaurant before confirming the reservation.

The restaurant will review each request individually and communicate if tailoring the experience is possible. Given the specifics of the Omakase Experience and the way the menu is designed, the Restaurant cannot guarantee that all dietary restrictions will be able to be accommodated.

In the situation where the adaptation of the experience is not possible, the Restaurant can refuse to confirm the reservation or can propose an alternative, without being obliged to modify the culinary concept of the experience.

The unfolding of the experience

The Omakase experience is designed as a unitary gastronomic service, in which each dish is part of a sequence established by the Chef.

For the smooth running of the experience, participants are asked to respect the time indicated in the booking confirmation.

In the event of a delay, the Restaurant will make reasonable efforts to allow the Customer to participate, to the extent that this does not affect the development of the experience for other participants.

Depending on the time of arrival and the stage of the experience, the Restaurant may decide that participation is no longer possible or that certain dishes can no longer be served.

Conduct and conduct of participants

The Omakase experience involves direct interaction between the Chef and the participants, and the way it is carried out is an integral part of the service offered.

The participants have the obligation to have a conduct that allows the experience to unfold in optimal conditions for both the Chef and the other guests.

The restaurant may terminate the participation of a person whose behavior significantly affects the conduct of the experience or the comfort of other participants. In such a situation, the Customer will not be entitled to a refund of the amounts paid.

Private events

Request to organize an event

The restaurant may organize private events, subject to availability and the commercial policy applicable at the time of request.

Sending a request through the Website or through other communication channels does not equate to accepting the organization of the event. The organization of a private event is conditional on the express acceptance of the request by the Restaurant.

Depending on the nature of the event, the Restaurant may request:

• payment of an advance;
• signing a separate contract;
• communication of additional information regarding the conduct of the event.

The conditions regarding the minimum number of participants, the menu, the way of serving, the exclusive use of some spaces, the cancellation policy, the program and any other aspects specific to the event will be established by the commercial offer or by the contract concluded between the parties.

In case of inconsistency between these Terms and Conditions and the contract regarding the organization of the event, the provisions of the contract will prevail.

The Restaurant reserves the right to refuse the organization of an event when, reasonably, it considers that its nature is incompatible with the specifics, concept or standards of the Restaurant. The refusal of a request to organize an event does not oblige the Restaurant to pay compensation and does not affect the Customer's ability to use the other services offered by the Restaurant.

The menu, the dishes and their availability

The information regarding the dishes, drinks, menus, ingredients, photos and prices published on the Website are informative and aim to present the concept of the Restaurant and the services offered. Their presentation on the Website does not constitute a firm contract offer and does not guarantee the availability of each preparation at a given time. The availability of dishes may vary depending on the season, supply, quality of ingredients, existing demand and other circumstances specific to the Restaurant's activity.

The photos published on the Website have an illustrative role. The appearance of the dishes served may differ depending on seasonality, the availability of ingredients, the preparation technique and the way of presentation chosen by the Chef. Such differences do not represent a non-conformity of the services offered.

The prices displayed on the Website are expressed in lei (RON) and include value added tax, if the law provides otherwise. The restaurant can change the prices displayed on the Website.

For reservations already confirmed, the prices communicated to the Customer at the time of confirmation of the reservation will be applicable, except in situations where the change is required by legal provisions.

Allergens and food requests

The restaurant makes every effort to inform customers about the allergens present in the dishes offered, in accordance with the applicable legislation. Allergen information is available at the Customer's request and, as the case may be, in the Restaurant's menu.

The customer has the obligation to inform the Restaurant, before confirming the reservation, about any allergy, food intolerance or other dietary restriction that may influence the requested services.

The restaurant will analyze each request according to its nature and its operational possibilities.

However, the Restaurant does not guarantee that all dishes can be adapted to meet individual dietary requirements. If the adaptation of the dishes is not possible without affecting food safety, quality standards or the gastronomic concept, the Restaurant may refuse the request or propose reasonable alternatives.

Given the use of common spaces and equipment for food preparation, the Restaurant cannot guarantee the total absence of traces of allergens, even when it takes all reasonable measures to avoid cross-contamination.

Access to the Restaurant and performance of services

The restaurant operates according to its own gastronomic concept and aims to offer all guests an experience in a comfortable, elegant and respectful setting.

By making a reservation and accessing the Restaurant, the Customer accepts the rules regarding the performance of the services provided in this chapter.

The customer has the obligation to present himself at the Restaurant on the date and time indicated in the booking confirmation. In case of delay, the Restaurant will try, as far as possible, to keep the reservation, without being able to guarantee the availability of the table after the reserved time.

In the case of the Omakase Experience, the delay may lead to the impossibility of participating fully or partially in the experience, depending on the time of arrival and the stage of its development.

The reservation guarantees the availability of a place in the Restaurant, without conferring the right to a certain table, area or location. Requests regarding the allocation of a specific table or a specific area will be considered according to availability and the organization of services, without constituting an obligation for the Restaurant.

The restaurant can refuse to serve alcohol if:

• the person is already intoxicated;
• there are safety reasons.

Photographing the dishes and the Restaurant environment for personal use is allowed. In order to protect the comfort of other guests and the performance of services, the Restaurant may limit the use of flash, professional equipment or the carrying out of photography or filming activities that affect the Restaurant's activity or the experience of other participants.

Photographing or filming other customers or staff members in a manner that affects their rights or legitimate interests is not permitted without their consent.

Customers will adopt a behavior compatible with the specifics of the Restaurant and will avoid any behavior that may affect the performance of services, the safety or comfort of other guests or staff.

The restaurant is entitled to refuse access or stop providing services in case of aggressive, offensive, violent, discriminatory behavior, under the excessive influence of alcohol or other substances or incompatible with the normal conduct of the activity. In such a situation, the Customer is not entitled to a refund of the amounts already paid.

The consumption of food or drinks from outside is not allowed inside the Restaurant, except in situations previously approved by the Restaurant.

Pets are not allowed.

The access of minors is allowed under the conditions established by the Restaurant and under the permanent supervision of an adult. Given the specifics of certain services, including the Omakase Experience, the Restaurant may establish special conditions regarding the participation of minors, including minimum age limits, when justified by the nature of the experience or its duration.

Liability of the Restaurant

The restaurant operates in compliance with the applicable professional standards and aims to provide services under conditions of quality, safety and compliance with the legislation in force.

The Restaurant's liability is engaged under common law and applicable legal provisions, within the limits provided by these Terms and Conditions.

Although the Restaurant aims to ensure that the information published on the Website is correct and up-to-date, there may be material errors, omissions or information that needs updating. Such situations do not engage the responsibility of the Restaurant, except in cases provided by law. The restaurant can change the content of the Website at any time, including the menus, prices, program, services and available functionalities.

The Website may integrate or allow access to services provided by third parties, including payment processing services, reservation systems, communication platforms or social networks. The restaurant is not responsible for the operation of these services, nor for the content, policies or practices of the operators who provide them. The use of these services may be subject to the respective providers' own terms and conditions.

The restaurant is not responsible for the impossibility of performing its obligations when it is determined by circumstances beyond its control, including:

• interruptions in the supply of electricity, gas, water or communications;
• malfunctions of the IT systems or platforms used;
• unavailability of ingredients due to supply chain disruption;
• measures ordered by the competent authorities;
• weather conditions that prevent the use of the rooftop terrace;
• other similar events.

The restaurant will make reasonable efforts to limit the effects of such situations and, as the case may be, to identify an alternative solution.

Customers are responsible for the personal belongings they bring into the Restaurant premises. The Restaurant is not responsible for the loss, damage or theft of personal property, except in cases where the damage is attributable to the Restaurant according to the law.

Intellectual property

The entire content of the Website, including the texts, photos, graphic elements, logos, brands, trade names, menus, culinary creations presented, the design of the Website, its structure and any other published materials belong to the Restaurant and/or the rights holders who have authorized their use. They are protected by intellectual property laws and any other applicable laws.

The use of the Website content is permitted exclusively for personal and non-commercial purposes. It is forbidden to reproduce, distribute, modify, publish, transmit, use for commercial purposes or exploit in any form the content of the Website without the prior written consent of the Restaurant or the rights holder.

No provision of these Terms and Conditions can be interpreted as granting users any intellectual property rights over the content of the Website.

Users can distribute the content published by the Restaurant exclusively through the functionalities provided by the social media platforms or through other methods permitted by law, respecting intellectual property rights and without altering the content.

If a user sends suggestions, recommendations or feedback to the Restaurant regarding the services offered, the Restaurant is free to use this information to improve its activity, without having the obligation to grant remuneration, in compliance with intellectual property rights and applicable legal provisions.

Protection of personal data

During the use of the Website and the provision of its services, the Restaurant processes personal data in accordance with the provisions of the applicable data protection legislation and the Privacy Policy, available on the Website.

Final provisions

Neither party is liable for non-performance or delayed performance of its obligations when this is caused by a force majeure event as defined by law.

Any communication regarding reservations, their modification or cancellation, as well as any other notifications regarding the Restaurant's services, will be sent using the contact details provided by the Customer.

The restaurant can communicate with the Customer by e-mail, phone, SMS or any other means of communication indicated in the booking process.

These Terms and Conditions, together with the Privacy Policy, the Policy on Cookie modules and any special conditions applicable to certain services or gastronomic experiences, regulate the relationship between the Restaurant and the Customer in relation to the use of the Website, making reservations and accessing the services offered by the Restaurant.

In the event of inconsistencies between this document and the special conditions applicable to a particular service, the special conditions will prevail, insofar as they expressly regulate that aspect.