Gift Card Terms (U.S.)

In addition to the Terms of Use (the “Terms of Use”), the following terms and conditions apply when you choose purchase, use or redeem OpenTable Gift Cards and Merchant Gift Cards in the United States (“Gift Card Terms”). These Gift Card Terms, incorporate and form a part of the Terms of Use that apply to your use of the OpenTable Sites and Services. In the event of any conflict between the Gift Card Terms and the Terms of Use, these Gift Card Terms shall prevail. All capitalized terms not otherwise defined herein shall have their meanings as set forth in the Terms of Use.

1. Purchase of OpenTable Gift Cards. You may purchase OpenTable Gift Cards through the OpenTable Sites up to a maximum of $500.00. When you purchase an electronic OpenTable Gift Card, we notify the person you have designated as the recipient of the OpenTable Gift Card by email. When you purchase a physical OpenTable Gift Card, we will, based on your selection, mail it to the recipient directly or mail it to you first so you can deliver to the recipient. A shipping and handling fee may apply for OpenTable Gift Cards delivered by mail. Unless otherwise required by applicable law, OpenTable Gift Cards are non-returnable and non-refundable, except that unredeemed OpenTable Gift Cards may be returned within 24 hours of purchase for a refund of the purchase price to the debit or credit card account used for the purchase.

2. Redemption of OpenTable Gift Cards. OpenTable Gift Cards may only be redeemed through the OpenTable Sites for Merchant Gift Cards issued by participating third-party restaurants (each, a “Merchant”). A recipient may only redeem the entire value of the OpenTable Gift Card for one Merchant Gift Card of equal value; no partial redemptions. Upon redemption of an OpenTable Gift Card by a recipient, we will email the electronic Merchant Gift Card to the recipient and notify the applicable Merchant, as further described in our privacy policy. OpenTable Gift Cards may only be redeemed for electronic Merchant Gift Cards in the same currency that the OpenTable Gift Card was purchased. Except to the extent required by applicable law, OpenTable Gift Cards are not redeemable for cash. Resale of OpenTable Gift Cards is prohibited. Merchant Gift Cards shall be subject to their applicable terms and conditions.

3. Lost or Stolen OpenTable Gift Cards. OpenTable is not responsible for any OpenTable Gift Cards used without your permission or for any lost or stolen OpenTable Gift Cards. Risk of loss and title for OpenTable Gift Cards pass to you or the designated recipient, as applicable, upon electronic transmission to the email address provided to OpenTable or delivery to the shipping carrier, as applicable. OpenTable is not liable for any delivery failures. OpenTable may, in its sole discretion, cancel and replace a lost or stolen electronic OpenTable Gift Card (if it has not already been redeemed) with a new electronic OpenTable Gift Card if you provide via the OpenTable Sites the email address or mailing address to which the original OpenTable Gift Card was sent.

4. OpenTable Gift Card Customer Service. If you have any questions about OpenTable Gift Cards, please contact OpenTable Customer Service at 1-888-503-7558.

5. Purchase of Merchant Gift Cards. You may also purchase Merchant Gift Cards from OpenTable through the OpenTable Sites. When you purchase an electronic Merchant Gift Card, we will email the electronic Merchant Gift Card to the person you have designated as the recipient and notify the applicable Merchant, as further described in our privacy policy. When you purchase a physical Merchant Gift Card, we will, based on your selection, mail it to the recipient directly or mail it to you first so you can deliver to the recipient. A shipping and handling fee may apply for Merchant Gift Cards delivered by mail. Risk of loss and title for Merchant Gift Cards pass to you or the designated recipient, as applicable, upon electronic transmission to the email address provided to OpenTable or delivery to the shipping carrier, as applicable. OpenTable is not liable for any delivery failures. Merchant Gift Cards shall be subject to their applicable terms and conditions. Unredeemed Merchant Gift Cards purchased from OpenTable may be returned within 24 hours of purchase for a refund of the purchase price to the debit or credit card account used for the purchase.

6. Merchant Responsibility. You acknowledge and agree that the applicable Merchant, not OpenTable, is the issuer of the Merchant Gift Cards and is solely responsible for honoring the Merchant Gift Cards and that OpenTable acts only as a seller of the Merchant Gift Cards. OpenTable is not responsible for any Merchant Gift Cards used without your permission or for any lost or stolen Merchant Gift Cards. OpenTable provides the Services only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to any Merchants or Merchant Gift Cards. Each applicable Merchant is solely responsible for the products and/or services provided in connection with the use or redemption of a Merchant Gift Card. You agree that you purchase Merchant Gift Cards at your own risk and shall not hold OpenTable, any of its affiliates, or any of their respective employees, officers, directors, agents, representatives, or service providers responsible for any act or omission of any Merchant. Each Merchant is responsible for ensuring that it and the Merchant Gift Cards that it issues comply with all applicable laws and regulations, including, without limitation, laws regulating gift certificates, gift cards, and stored value cards and unclaimed property laws. You further acknowledge and agree that OpenTable is not responsible for any act or omission of any Merchant in connection with the issuance, sale, or redemption of, or unclaimed property law compliance with respect to, any Merchant Gift Card, including, without limitation, any failure by any Merchant to honor any Merchant Gift Card or the imposition of any terms and conditions on any Merchant Gift Card that violate any applicable laws or regulations. For any and all issues or questions related to Merchant Gift Cards or any other products or services offered by Merchants, you must contact the applicable Merchant. Except as set forth in Section 5, you must settle any returns, disputes, and any other issues relating to Merchant Gift Cards directly with the applicable Merchant.

7. Payment and Debit and Credit Card Information. You agree to pay the listed purchase price of the OpenTable Gift Cards and Merchant Gift Cards, as applicable, and any shipping and handling fees, if applicable, that you purchase through the OpenTable Sites (including, without limitation, through an SMS or web browser command originating from your Account). You assume all liability for and shall promptly pay any and all such charges. Except to the extent otherwise required by applicable law, you agree that all purchases made by you through the OpenTable Sites cannot be returned or exchanged and are non-refundable, except as expressly provided in this Agreement. To purchase an OpenTable Gift Card or a Merchant Gift Card, you must provide valid debit or credit card information, including the card’s CVV number. OpenTable uses this debit or credit card information as described in our privacy policy.

8. LIMITATION OF LIABILITY. IN ADDITION TO THE LIMITATION OF LIABILITY IN THE TERMS OF USE, WITH RESPECT TO PURCHASES OF OPENTABLE GIFT CARDS OR MERCHANT GIFT CARDS, OR IF THE DISCLAIMER OF DIRECT DAMAGES ABOVE IS NOT PERMITTED BY LAW, YOU EXPRESSLY AGREE THAT OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THE PURCHASE, REDEMPTION OR USE OF AN OPENTABLE GIFT CARD OR MERCHANT GIFT CARD (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE PRICE YOU PAID FOR YOUR MOST RECENT PURCHASE OF AN OPENTABLE GIFT CARD OR MERCHANT GIFT CARD (AS APPLICABLE) OR FIFTY US DOLLARS ($50).

9. Other Disclosures. For clarity, OpenTable Gift Cards and Merchant Gift Cards are not the same as OpenTable Dining Rewards. OpenTable Gift Cards and Merchant Gift Cards are products that you can purchase from us for redemption in accordance with their applicable terms and conditions. OpenTable Dining Rewards are points that automatically accumulate when you make and keep reservations at Restaurants through the Reservation Services, subject to the OpenTable Dining Rewards Terms and Conditions.