Terms of Use for Guests
Last updated: 30 October 2026
DRAFT – replace all placeholders in [SQUARE BRACKETS] and have this reviewed by a lawyer before publication.
These Terms of Use govern how guests use Mesamia – on the website (for example mesamia.app/r/
Mesamia is free for guests. Costs can only arise if a restaurant sets a reservation fee (no-show fee) and you agree to it (see section 5).
1. What Mesamia does – and what it doesn't
1.1 Mesamia is a technical intermediary service. You can use Mesamia to send a table request to a restaurant; the restaurant can accept it, suggest another time or decline it.
1.2 Mesamia does not run restaurants and is not a party to the contract for the table, food or drinks. That contract is made only between you and the restaurant. The restaurant is responsible for its services on site, its prices, quality, allergen information about its dishes and for honouring the booking.
1.3 The information on restaurant pages (for example opening hours, conditions, amount of any reservation fee) is provided by the restaurant.
2. Account
2.1 You need a guest account to send a table request. You can sign in with your phone number (confirmed by an SMS code), with Apple or with Google.
2.2 You must be at least 16 years old to use Mesamia.
2.3 Your details must be accurate. Keep your sign-in and device secure. Your account is personal and cannot be transferred.
2.4 You can delete your account at any time in the app or at mesamia.app/account/delete. This does not affect open bookings or a reservation fee that is still outstanding.
3. Table requests and when a contract is made
3.1 In your request you give, for example, party size, children, high chair, dog, preferred time and a note. You can optionally add allergy information; we ask for your explicit consent for this (see the Privacy Policy).
3.2 A table request is not yet a binding booking. A contract with the restaurant is only made when the restaurant accepts your request, or when you choose a time the restaurant suggested instead. You will be notified.
3.3 The restaurant is free to decline a request or not to respond. A request the restaurant does not answer in time expires. Silence never counts as a yes.
3.4 Some restaurants accept requests automatically based on rules they set.
4. Cancellation by you
4.1 You can withdraw a request until it has been accepted, and cancel an accepted booking in the app or on the website.
4.2 If the restaurant has set a reservation fee, there is a free-cancellation window, which is shown to you before you send the request. If you cancel within this window, nothing is charged. If you cancel later, the restaurant may charge the fee in the same way as for a no-show (section 5).
4.3 Please cancel as early as possible if you can't make it – the restaurant is keeping the table for you.
5. Reservation fee (no-show fee)
5.1 A restaurant may set a reservation fee per person. The amount, the free-cancellation window and the conditions are shown to you before you send the request.
5.2 Saving a card: When the restaurant accepts your request, you save a payment card with our payment provider Stripe (with 3-D Secure authentication if required) and agree that the restaurant may charge the fee in case of a no-show or late cancellation. Nothing is charged when you save the card. Card details are processed by Stripe and not stored by Mesamia.
5.3 Nothing is charged if you arrive or cancel within the free-cancellation window.
5.4 What happens after a no-show:
- The restaurant can mark you as a no-show at the earliest 15 minutes after the booking time.
- You are notified and have 24 hours to dispute it in the app or on the website (for example if you were there or cancelled in time).
- If you don't dispute it, the fee is then charged per missing person. If only part of your party arrives, only the missing people are charged.
- If you dispute it, nothing is charged until the dispute has been reviewed. [CHECK DISPUTE PROCESS: who decides (restaurant / Mesamia support), timeline, how the guest is informed.]
5.5 Goodwill: The restaurant can waive a fee at any time. One goodwill waiver per guest per restaurant per year is provided for.
5.6 Who gets paid: The fee is charged directly to the restaurant's own Stripe account. The restaurant is the merchant. Mesamia does not receive or hold the money at any time; Mesamia receives 25% of collected fees from the restaurant as payment for its service. The restaurant appears on your card statement.
5.7 TWINT (Switzerland) and Bizum (Spain): If you choose TWINT or Bizum, the fee is paid upfront on acceptance and refunded to you when you arrive or if you cancel within the free-cancellation window.
5.8 If a charge fails, you will receive a payment link.
5.9 The fee must be proportionate; the restaurant is responsible for its amount. Your statutory rights, such as a chargeback with your bank, are not affected. For questions about a fee, contact the restaurant or support@mesamia.app.
6. Guest statuses and perks
6.1 Restaurants can define 1 to 3 guest statuses (for example based on the number of your visits in the last 12 months) and attach perks, such as a free drink or not having to save a card.
6.2 Statuses and perks only apply at the restaurant concerned and are granted by that restaurant. The restaurant may change or end its status rules and perks. You have no claim against Mesamia to a status or perk; perks cannot be exchanged for cash.
7. Your obligations
In particular, you agree to:
- only send requests you really intend to keep;
- not give false information and not use an account on behalf of others without their permission;
- not misuse Mesamia (for example automated requests, spam, harassing restaurants, circumventing technical safeguards);
- not send unlawful or abusive content in notes.
If you breach these terms, we may suspend or delete your account after weighing the circumstances. We will inform you where required by law, and you can object at support@mesamia.app.
8. Availability and changes
8.1 We aim for smooth operation but cannot guarantee permanent availability (for example maintenance, or outages at third parties such as mobile networks, SMS or payment providers).
8.2 We may develop Mesamia further and change features, provided this is reasonable for you.
9. Liability
9.1 Mesamia is not liable for the services of restaurants, in particular not for whether a restaurant accepts a request, honours a booking or provides correct information.
9.2 Otherwise, Mesamia is only liable for damage caused intentionally or by gross negligence. This limitation does not apply to injury to life, body or health, or where mandatory law provides for further liability (for example product liability).
9.3 For consumers habitually resident in the EU or the UK, the following also applies: Mesamia is also liable for simple negligence in breach of essential contractual obligations (obligations whose fulfilment makes proper use possible in the first place and on which you may regularly rely), limited to foreseeable, typical damage. Mandatory liability rules of your country of residence are not affected. Nothing in these terms limits liability that cannot be limited under applicable law, including the UK Consumer Rights Act 2015.
10. Changes to these terms
We may change these terms with effect for the future, for example for new features or changes in the law. We will notify you of material changes at least 30 days in advance in the app or by email. If you do not agree, you can delete your account before the changes take effect.
11. Applicable law and place of jurisdiction
11.1 These terms are governed by Swiss law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict-of-law rules.
11.2 The place of jurisdiction is [ORT], to the extent permitted by law.
11.3 Consumer protection: If you are a consumer habitually resident in the EU or the UK, you keep the protection of the mandatory consumer protection laws of your country of residence, and you may also bring proceedings in the courts of your place of residence. Claims against you as a consumer can only be brought where you live. For consumers in Switzerland, the mandatory places of jurisdiction under the Swiss Civil Procedure Code apply.
11.4 Mesamia is neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board.
12. Contact
Mesamia [RECHTSFORM], [STRASSE NR], [PLZ ORT], [LAND] support@mesamia.app · [E-MAIL: hello@mesamia.app]