Terms and Conditions
As of June 1, 2026
Terms and Conditions
Effective Date: June 1, 2026
Welcome
We want you to feel comfortable with us and enjoy our services without concern. Therefore, we have compiled these Terms and Conditions ("Terms"), which apply to all of our guests. They contain important information regarding reservations, payments, cancellations, and other relevant matters. We recommend that you read them carefully to avoid misunderstandings. If you have any questions, please do not hesitate to contact us.
These Terms
1. General
This website (the "Site") and/or the services, including all related mobile applications (collectively, the "Services"), as well as all offers and orders of food, beverages, and similar products from our restaurants and related delivery services (the "Food Delivery Services"), are owned and operated by PHO CO BERLIN MITTE ("we," "us," "our").
These Terms and Conditions ("Terms") set forth the conditions under which visitors or users (collectively, "Users" or "you") may access or use the Site and/or Services and place orders.
2. Acceptance of Terms
By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to all of these Terms, you must not access the Site or use the Services.
Please read these Terms carefully before using our Site, Services, or placing any orders for Food Delivery Services. These Terms explain who we are, how orders may be placed and canceled, and what to do if problems arise.
3. Eligibility
You represent that you are at least the age of majority and possess the legal authority, right, and capacity to enter into a binding agreement under these Terms and to use the Services and Food Delivery Services.
Minors may use the Services only with the consent of their parents or legal guardians.
Permitted Use
1. Personal Use Only
Our Services are provided for informational purposes and for your personal, non-commercial use only. You must comply with these Terms and all applicable laws when using our Services.
2. Prohibited Activities
Unless expressly permitted by these Terms, you may not:
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Use the Services unlawfully, fraudulently, or in violation of third-party rights;
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Collect personal information or impersonate other users;
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Alter copyright, trademark, or proprietary notices;
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Interfere with security-related features of the Services;
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Manipulate or distort content or compromise the integrity or accuracy of information;
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Disrupt, damage, or interfere with any part of the Services;
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Upload, post, send, or receive content that violates applicable standards or laws;
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Transmit unsolicited advertising or promotional material;
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Upload viruses, malware, spyware, worms, Trojan horses, or other harmful code;
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Use robots, spiders, scrapers, or automated means to access, monitor, or copy content;
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Analyze or extract data from the Services through network monitoring tools;
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Restrict or interfere with another user's enjoyment of the Services;
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Use the Services for commercial purposes without our prior written consent.
You agree to cooperate fully with any investigation regarding suspected or actual violations of these Terms.
Intellectual Property Rights
The Services and all related content, including but not limited to text, graphics, illustrations, images, software, code, audio, video, documentation, trademarks, logos, service marks, trade names, products, technologies, and all associated intellectual property rights (collectively, "Our Intellectual Property Rights"), are owned by or licensed to us.
Nothing in these Terms grants you any ownership rights in Our Intellectual Property Rights.
Except as expressly provided herein or required by applicable law, you acquire no right, title, or interest in any of Our Intellectual Property Rights. All rights not expressly granted are reserved.
Disclaimer of Warranties
The Services, Our Intellectual Property Rights, and all related information, materials, and content made available free of charge are provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, security, reliability, availability, accuracy, timeliness, or performance.
We do not guarantee that the Services will be uninterrupted, error-free, or meet your requirements.
Access to the Site and Services may be suspended or restricted due to repairs, maintenance, or updates.
This disclaimer does not affect any statutory warranty rights applicable to Food Delivery Services purchased from us.
Indemnification
You agree to defend, indemnify, and hold harmless PHO CO BERLIN MITTE and its affiliates, employees, officers, agents, and representatives from and against any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to your violation of these Terms or misuse of the Services, except where such claims are not attributable to your fault.
Limitation of Liability
1. Liability
We shall be liable only for:
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Intentional misconduct;
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Gross negligence;
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Negligent injury to life, body, or health;
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Slight negligence involving the breach of an essential contractual obligation and only with respect to paid Services or Food Delivery Services.
An "essential contractual obligation" means an obligation whose fulfillment is fundamental to the proper execution of the agreement and upon which you may reasonably rely.
In cases of slight negligence, our liability is limited to foreseeable damages typical for this type of contract.
Liability under mandatory product liability laws or under any expressly given guarantee remains unaffected.
2. Scope
The above limitations apply to contractual and non-contractual liability, including tort liability, pre-contractual liability (culpa in contrahendo), and liability of our directors, officers, employees, legal representatives, and agents.
Changes to the Terms and Services
1. Amendments
We reserve the right to modify these Terms at any time to reflect legal requirements, new features, or business developments.
Please review these Terms regularly, particularly when placing an order.
Changes affecting ongoing Services will take your legitimate interests into account. We will notify you of significant changes in advance.
Changes will be deemed accepted unless you object within two months of receiving notice. We will inform you of this consequence in the notification.
If you object, we may terminate the affected Services without further obligation effective from the date the changes take effect.
2. Suspension or Discontinuation
We may modify, limit, suspend, or discontinue any part of the Services at any time without providing reasons.
Where reasonably possible, we will provide advance notice and consider your legitimate interests.
Third-Party Links
The Services may contain links to third-party websites.
Unless otherwise stated, we do not control these websites and are not responsible for their content, privacy practices, or updates.
Links are provided solely for convenience and informational purposes. The inclusion of a link does not imply endorsement or approval.
Governing Law
1. Applicable Law
These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding conflict-of-law provisions.
2. Online Dispute Resolution
The European Commission provides an Online Dispute Resolution (ODR) platform available at:
https://ec.europa.eu/consumers/odr/
Please note that we are not obligated to participate in dispute resolution proceedings before consumer arbitration boards.
Miscellaneous
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Any waiver of a breach or default shall not constitute a waiver of any prior or subsequent breach or default.
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Section headings are for convenience only and have no legal effect.
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If any provision of these Terms is found unlawful or unenforceable, that provision shall be severed, and the remaining provisions shall remain in full force and effect.
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You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
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These Terms constitute the entire agreement between you and us concerning the Services and Food Delivery Services and supersede all prior agreements and understandings.
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Provisions that by their nature should survive termination shall remain effective, including provisions regarding indemnification, disclaimers, limitations of liability, and this Miscellaneous section.
Contact
If you have any questions regarding these Terms, please contact us:
PHO CO BERLIN MITTE
Rosa-Luxemburg-Straße 20
10178 Berlin, Germany