Last updated: June 2026

1. Scope and Definitions

These General Terms and Conditions (hereinafter referred to as “GTC”) apply to the use of the Esskompass platform at www.esskompass.com as well as to all related websites, mobile apps, ordering functions, merchant areas and other digital services.

Esskompass is a platform operated by Dikmen Solutions, Dorfstrasse 4, 7214 Grüsch, Switzerland, UID CHE-464.052.786, email: info@esskompass.com.

These GTC apply to end customers, restaurant partners, merchants and other commercial users insofar as they use the platform. If a restaurant partner uses its own terms and conditions and these are validly included in the ordering process, they shall apply additionally or with priority to the services provided by the restaurant, to the extent legally permissible.

2. Role of Esskompass

Esskompass is a technical mediation and ordering platform. Esskompass does not sell its own food or beverages and, unless expressly agreed otherwise, does not become a contracting party to the purchase, delivery or pickup contract concluded via the platform between the end customer and the restaurant.

The contract for food, beverages, delivery or pickup is concluded exclusively between the end customer and the respective restaurant when the restaurant accepts or confirms the order.

Esskompass is entitled to operate the platform technically, forward orders, display content, technically support payment processes and provide further digital functions.

3. Platform Services and Availability

Esskompass provides in particular the technical infrastructure for restaurant profiles, menus, orders, customer accounts, merchant areas, notifications and other platform functions.

Uninterrupted, complete and error-free availability is not owed. Maintenance, updates, security measures, outages of hosting, app store, communication, payment or other third-party providers as well as force majeure may temporarily impair use.

Esskompass is entitled to modify, expand, restrict or discontinue functions, provided that the legitimate interests of users and restaurant partners are appropriately taken into account.

4. Registration and User Account

Registration may be required for certain functions. Users and restaurant partners must provide truthful, complete and up-to-date information and keep their login details confidential.

The account holder is responsible for all actions carried out through their account, insofar as they are responsible for them. Esskompass may temporarily or permanently block accounts if misuse, false information, security risks or violations of these GTC occur.

5. Ordering Process and Conclusion of Contract

The offers displayed on the platform originate from the respective restaurant. Prices, menus, ingredients, additives, allergens, delivery areas, minimum order values, availability and opening hours are provided or managed by the respective restaurant.

By submitting an order, the end customer makes a binding offer to conclude a contract with the respective restaurant. The contract is concluded when the restaurant accepts or confirms the order.

Esskompass technically forwards the order to the restaurant. Acceptance of the order by Esskompass does not take place unless expressly indicated otherwise.

6. Payment Methods and Payment Processing

The available payment methods may vary depending on the restaurant, country, technical availability and platform configuration. Possible payment methods include in particular PayPal, credit card, bank transfer, cash payment upon delivery and payment upon pickup.

Payment processing may take place either directly through the restaurant, through an external payment service provider or through Esskompass in the name and for the account of the respective restaurant. The specific payment role is displayed in the ordering process or in the restaurant presentation.

Where external payment service providers are used, their terms shall additionally apply. Esskompass is not liable for errors or disruptions that fall within the responsibility of the respective payment service provider, unless mandatory statutory liability provides otherwise.

7. Delivery, Pickup and Fulfilment

Delivery or pickup is carried out by the respective restaurant or by third parties commissioned by it. Stated delivery or pickup times are non-binding estimates unless expressly confirmed as binding.

Esskompass is not responsible for delays, incorrect delivery addresses, inability to reach the customer, missing items, incorrect preparation, quality of food or other service disruptions that fall within the responsibility of the restaurant.

8. Cancellation, Complaints and Refunds

Cancellations or changes to an order are only possible as long as the respective restaurant accepts them and the order has not yet been processed. As a general rule, there is no right to cancellation after acceptance of the order if processing or preparation has already begun or the order is already being fulfilled.

Complaints regarding quality, content, quantity, delivery, preparation or other restaurant-related services must be addressed directly to the respective restaurant. Esskompass may support contact or technical clarification but is not itself obliged to provide a refund unless a different statutory or contractual regulation applies.

Refunds are only made if they are approved in the individual case by the restaurant, the payment service provider or Esskompass, or if mandatory statutory claims exist.

9. Consumer Information and Right of Withdrawal

Where end customers order as consumers, the mandatory consumer protection provisions of the applicable law shall apply. For orders of freshly prepared food and beverages that are made according to the customer’s selection, are quickly perishable or whose expiry date would be quickly exceeded, there is generally no right of withdrawal, provided the statutory requirements for this are met.

Where a paid order is triggered via the platform for consumers, the ordering process is designed so that the consumer can view the essential information before placing the order and expressly confirms that they are committing to payment.

If a right of withdrawal exists in an individual case, the consumer will be informed separately and in good time. Statutory information obligations remain unaffected.

These GTC do not exclude mandatory consumer rights insofar as such rights may not be waived under the applicable law.

10. Restaurant Partners, Merchant Account and Activation

Restaurants, delivery services, snack bars and similar commercial providers may register as restaurant partners if their offer fits the platform concept and the required legal, commercial and technical requirements are met.

A restaurant does not automatically become publicly visible after payment, registration or conclusion of contract. Activation takes place only after review, technical setup, configuration and approval by Esskompass.

Restaurant partners are obliged to keep their company data, contact details, opening hours, menus, prices, delivery terms, tax information, allergens, additives and other information complete, correct and up to date.

The restaurant partner is solely responsible for the legality, accuracy and timeliness of its product information, labelling, prices, delivery details, mandatory information and legal declarations.

11. Partner Packages, Setup Fee and Onboarding

Paid packages, memberships and additional services may be offered to restaurant partners. The respective services, prices, terms and conditions are set out in the package description, ordering process or an individual agreement.

Depending on the package, a one-time setup or onboarding fee may apply. This fee is used in particular for technical setup, review, basic configuration, preparation of the restaurant presentation, onboarding support and activation of agreed functions.

After setup begins, a setup and onboarding phase of generally 14 days may be provided. The duration may be extended if the restaurant partner does not provide required cooperation, content or approvals in good time.

The setup fee remains payable if the setup, technical preparation or activation fails, is delayed or remains incomplete for reasons attributable to the restaurant partner. Setup services already started are generally not refunded unless mandatory statutory rights provide otherwise.

12. Term, Renewal and Termination

Recurring partner packages or memberships may be billed monthly or at another agreed interval. If automatic renewal has been agreed, the package renews for the agreed period unless terminated in due time.

The respective notice periods, minimum terms and permitted form of termination are determined by the package, the ordering process or an individual agreement. For consumers, the mandatory statutory provisions of the applicable law also apply.

Esskompass is entitled to temporarily suspend or restrict services if due payments are not made, payment details are invalid, security risks exist or significant breaches of contract occur.

Fees already due, setup fees and services provided up to the suspension remain payable unless mandatory statutory claims provide otherwise.

13. Prices, Taxes and Reverse Charge

Prices for restaurant partners and commercial users are net prices unless expressly stated otherwise. Depending on the registered office of the contracting party, place of service and applicable tax law, additional taxes, charges or information regarding tax liability may apply.

For commercial customers within Germany or the European Union, services provided by a Swiss company may, under certain conditions, be subject to the reverse charge procedure or Section 13b of the German VAT Act. Whether and to what extent this applies is determined exclusively by the applicable law.

Restaurant partners are themselves responsible for correctly checking and complying with their tax obligations, invoice details, VAT identification numbers and country-specific requirements. Esskompass does not provide tax or legal advice.

14. Content, Images, Logos, Menus and Rights

Restaurant partners provide Esskompass with content such as texts, logos, images, menus, product information, prices and other materials. The restaurant partner warrants that it has the necessary rights to this content and does not infringe any third-party rights.

The restaurant partner grants Esskompass a simple, geographically and temporally unrestricted right to use, store, reproduce, make publicly accessible, adapt and transmit this content within the platform, apps, technical processing, restaurant presentation and promotion of the platform, insofar as this is necessary for the operation of Esskompass.

Esskompass is entitled to reject, remove or adapt content if it is unlawful, misleading, technically unsuitable, incomplete, of insufficient quality or incompatible with the platform purpose.

15. Ranking, Visibility and Reviews

The order, visibility and highlighting of restaurants may be influenced by various factors, in particular distance, availability, opening hours, technical activity, relevance, user behaviour, reviews, contractual agreements and, where applicable, paid highlighting.

The weighting of individual parameters may vary depending on the device, location, time, search query and technical settings. Esskompass may offer paid highlighting or other visibility mechanisms, provided these are presented transparently in the respective offer.

Reviews are intended to provide a fair and appropriate impression. Esskompass does not guarantee the authenticity of every individual review but may take appropriate measures against misuse, manipulation or unlawful content.

16. Obligations of Users and Restaurant Partners

Users and restaurant partners undertake not to misuse the platform, provide false information, upload unlawful content, carry out technical attacks or perform any actions that endanger the operation, security or integrity of Esskompass.

Restaurant partners additionally undertake to process orders properly, treat customer information confidentially, comply with statutory information obligations and only offer services that they are legally permitted to provide.

Fake orders, automated mass orders, manipulations, circumvention of fee or activation mechanisms and other misuse are prohibited.

17. Data Protection, Third-Party Providers and Technical Services

Esskompass processes personal data in accordance with the applicable data protection laws. Details on the collection, processing and use of personal data are set out in Esskompass’s privacy policy.

Esskompass may use third-party providers for operation, in particular hosting providers, payment service providers, Firebase, push services, analytics and communication services as well as app store and login functions. Additional terms and privacy notices may apply to these services.

If restaurant partners provide their own data protection information or privacy policies, these shall additionally apply to data processing carried out by the respective restaurant partner on its own responsibility, in particular in connection with processing, delivery or pickup of an order.

The respective data protection and terms of use of third-party providers remain unaffected insofar as they are validly included.

18. Liability of Esskompass

Esskompass is fully liable in cases of intent, gross negligence and damages arising from injury to life, body or health. In cases of slight negligence, Esskompass is liable only for breach of essential contractual obligations and limited in amount to the foreseeable damage typical for the contract.

Esskompass is not liable for services, products, deliveries, content, prices, information or breaches of duty by participating restaurants insofar as these are outside the responsibility of Esskompass.

Esskompass is furthermore not liable for technical disruptions, outages, delays or data losses caused by third-party providers, payment service providers, hosting providers, app stores, internet providers or force majeure, unless mandatory statutory liability provides otherwise.

19. Blocking, Removal and Termination

Esskompass may temporarily or permanently block, remove or restrict user accounts, restaurant accounts, content or individual functions if there are violations of these GTC, statutory provisions, payment arrears, security risks, misuse or other important reasons.

Restaurant partners may be removed from the platform in the event of serious violations. Outstanding payment obligations remain unaffected.

20. Changes to these GTC

Esskompass is entitled to amend these GTC if this is necessary for legal, technical, economic or organisational reasons. Significant changes will be communicated to existing restaurant partners within a reasonable period before they come into effect, insofar as this is required and reasonable according to the nature of the change.

Restaurant partners may object to significant changes. In this case, Esskompass may terminate the contractual relationship, taking into account the contractual and statutory provisions.

For consumers, the mandatory statutory provisions of the applicable law apply. A change shall not apply insofar as it conflicts with mandatory consumer rights.

21. Choice of Law and Place of Jurisdiction

Swiss law shall apply, excluding conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods, to the extent legally permissible. Mandatory consumer protection provisions of the country in which the consumer has their habitual residence remain unaffected, insofar as these provisions cannot be waived.

For disputes with commercial customers and restaurant partners, the registered office of Dikmen Solutions in Switzerland shall be the place of jurisdiction, to the extent legally permissible.

For consumers, the mandatory statutory places of jurisdiction and jurisdiction rules of the respectively applicable law apply.

22. Final Provisions

If individual provisions of these GTC are wholly or partially invalid, unenforceable or incomplete, the validity of the remaining provisions remains unaffected.

The statutory provision shall apply in place of the invalid or unenforceable provision; alternatively, a provision that comes closest to the economic purpose shall apply, insofar as legally permissible.

The German version of these GTC is authoritative. Translations into other languages are provided for clarity only. In the event of discrepancies, the German text shall prevail.