By registering on https://www.testando.de, you accept the following Terms and Conditions for using https://www.testando.de. https://www.testando.de mediates review services created by private individuals to businesses in the hospitality and gastronomy industries. https://www.testando.de is an offering by Testando GmbH.
PROVIDER: A registered business in the hospitality or gastronomy industry on https://www.testando.de that has posted a request for evaluation of their establishment through the mediation and use of https://www.testando.de.
TESTER: A registered user of https://www.testando.de who has been selected by the MEDIATOR for a specific TEST offered on testando.de.
USER: A registered user of https://www.testando.de who wishes to conduct TESTS.
MEDIATOR: Testando GmbH, operator of https://www.testando.de.
TEST: The evaluation and assessment of the PROVIDER's services by the TESTER. It includes the information provided in the supplied form for the TEST, as well as any communicated/sent images or external reviews in any form as part of the respective evaluation of the business.
Registration on https://www.testando.de and usage are free for USERS and TESTERS.
Please note: For PROVIDERS who wish to have their business evaluated, usage is subject to a fee.
1. The MEDIATOR provides the platform https://www.testando.de, which allows for the performance of TESTS and the reimbursement of related costs. Once a PROVIDER submits and publishes a TEST on https://www.testando.de, potential TESTERS will be notified and can accept the TEST. The TEST is allocated on a “first come, first serve” basis. Potential TESTERS have no right to be assigned a TEST. The MEDIATOR reserves the right to exclude certain individuals from TESTS without providing a reason.
2. Reimbursement: The MEDIATOR will reimburse the amount paid for qualifying catering or accommodation services, multiplied by the specific reimbursement factor, up to a maximum of the test-specific limit, within 10 working days to the TESTER’s European bank account once the TEST and original receipts have been properly submitted.
Non-reimbursable expenses for restaurant tests include tips, tobacco products, and food or beverages that are not consumed on-site.
1. The TESTER agrees to complete the assigned TEST by the specified deadline and submit the original receipts within 7 working days. The TEST must be performed via the provided form.
Submitting the TEST and original receipts within the given deadlines is an essential requirement for eligibility for reimbursement of qualifying TEST costs.
PLEASE NOTE: FAILURE TO MEET THE DEADLINE FOR SUBMISSION OF THE TEST WILL RESULT IN THE LOSS OF ANY REIMBURSEMENT RIGHTS.
2. The platform https://www.testando.de facilitates TESTS where the TESTER can experience and evaluate the services of hospitality and gastronomy establishments and their staff anonymously, without distortion. The TESTER agrees to act in such a way that they remain unrecognizable as a TESTER. Any violation of this may result in exclusion from the use of https://www.testando.de and the forfeiture of reimbursement rights.
3. The TESTER guarantees not to test an establishment where they are employed, working as a temporary worker, or undergoing training. Any violation of this will result in exclusion from https://www.testando.de and the forfeiture of reimbursement rights.
4. The TESTER grants the PROVIDER an exclusive, permanent, unlimited, and worldwide right to use the TEST in whole or in part in connection with the operation of https://www.testando.de. The TESTER agrees not to publish the TEST or any part thereof elsewhere.
If the TEST or parts of it are published on https://www.testando.de or elsewhere, the TESTER’s identity will be protected by publishing the TEST under a pseudonym.
The TESTER waives the right to have their name mentioned in connection with the publication of the TEST. The TESTER can request their name to be mentioned at any time, and the MEDIATOR will make an effort to accommodate this request if possible.
The TESTER assures that they only submit images for which they hold the necessary copyright and other rights. They also assure that individuals, who are more than just incidental parts of a location or event, agree to the publication of such images. For individuals under 18, consent from the legal guardian is required. The TESTER agrees not to publish the TEST on other review platforms. The TESTER grants TESTANDO a free, limited usage right to any images created as part of the TEST. TESTANDO may use the images for advertising purposes, especially on social networks like Facebook, Twitter, Pinterest, or Instagram, without time limitations. TESTANDO will not publish any personal data of the TESTER or images that could identify the TESTER.
5. The TESTER guarantees not to test an establishment if they are aware that another TESTER is conducting a test on the same day and during the same period. Specifically, if both are testing at the same table or served by the same staff member. Any violation of this will result in exclusion from https://www.testando.de and the forfeiture of reimbursement rights.
The MEDIATOR is not liable to the PROVIDER or the TESTER for whether the TESTS are actually conducted. The MEDIATOR is not responsible for the availability of TESTERS at specific times or for ensuring that an assigned TEST can actually be conducted unless the obstacle preventing the TEST is attributable to the MEDIATOR.
The MEDIATOR is not liable for the TESTERS. TESTERS are not agents, authorized representatives, or vicarious agents of the MEDIATOR. Any misconduct by the TESTERS is not attributable to the MEDIATOR.
The MEDIATOR is not liable for the PROVIDERS. PROVIDERS are not agents, authorized representatives, or vicarious agents of the MEDIATOR. Any misconduct or breach of duty by the PROVIDERS is not attributable to the MEDIATOR.
The MEDIATOR’s liability is limited to gross negligence or intentional misconduct. Liability for slightly negligent breaches of secondary obligations is excluded.
The liability exclusions do not apply to claims for damages due to injury to life, body, health, or essential contractual obligations.
The data privacy statement can be found here.
1. The MEDIATOR may exclude USERS or TESTERS from using https://www.testando.de or terminate the contract without providing reasons. Any payment claims by the TESTERS acquired until that point will not be explicitly forfeited.
2. The TESTER has the right to unsubscribe at any time without providing reasons. Upon unsubscribing, the data stored for the TESTER’s profile will be deleted. The TESTER is also allowed to delete their profile themselves. This also ends the user relationship.
3. The MEDIATOR’s rights regarding the content posted under Art. III.5 remain unaffected by termination.
You have the right to withdraw from your contract declaration within 14 days without providing any reasons. The period begins after receiving this notice on a durable medium. To exercise the right of withdrawal, it is sufficient to send the withdrawal before the end of the withdrawal period, if the declaration is made on a durable medium (e.g., letter, fax, email).
The withdrawal must be sent to: Testando GmbH, Schellingstraße 109a, 80798 Munich, Germany; info@testando.de.
Consequences of Withdrawal
In the event of a valid withdrawal, the received performance from both parties must be returned. You are required to pay compensation for the service rendered until the withdrawal if you were informed of this consequence and explicitly agreed that the service should begin before the withdrawal period ends. The withdrawal right expires early if the contract is fully fulfilled at your express request before you exercised the withdrawal right. Refund obligations must be fulfilled within 30 days. The period begins for you with sending your declaration and for us with receiving it.
End of Withdrawal Notice
The MEDIATOR reserves the right to modify these Terms and Conditions at any time with a notice period of at least two weeks. The announcement will be made by publishing the amended Terms and Conditions on https://www.testando.de, specifying the effective date. If the USER or TESTER does not object within two weeks of the publication, the modified Terms and Conditions will be considered accepted. The announcement will specifically highlight the significance of the two-week period. If there is an objection within the deadline, the MEDIATOR is entitled to terminate the existing contract on the date the changes take effect, taking into account the objecting party’s legitimate interests.
German law applies to these terms. The court of jurisdiction for any disputes arising from the contractual relationship, if a chosen court of jurisdiction is possible, is Munich.
