Park Operator Terms & Conditions
1
Introduction
1.1
These terms and conditions govern use by a Park Operator of
The Online Booking & Booking Management Platform produced by Gatekeeper Bookings,
referred to hereafter in this document as Gatekeeper.
1.2
The Park Operator in this document refers to any person,
company or other legal entity that has licensed the use of
Gatekeeper from Gatekeeper Bookings, along with any personnel the Park Operator has authorised
to use their Gatekeeper Administration Applications (see 1.5).
1.3
References to the Park in this document refer to the campsite, glamping, caravan, touring, or holiday park
that the Park Operator represents, manages, leases, or owns.
1.4
In this document, Gatekeeper refers more specifically to the full range of services and
applications accessible within the web space under a specific subdomain of gatekeeperbookings.com
which is designated exclusively to the Park Operator by Gatekeeper Bookings. This subdomain is referred to elsewhere in this document as the designated subdomain.
For the sake of example, the internet URL that the public would follow to access services under an example designated sub-domain called exampledesignatedsubdomain
would be https://exampledesignatedsubdomain.gatekeeperbookings.com/. For the Administration Applications, the Park Operator would
load pages from folders further below the example URL, for example (but not actual),
https://exampledesignatedsubdomain.gatekeeperbookings.com/protected-system/application/.
1.5
Gatekeeper is also defined for the purposes of this document according to two sub-systems. These are:
(i)
Gatekeeper's public facing services, referred to further in this document as the public facing services,
that constitutes all applications that
are intended for public access via the internet.
(ii)
Gatekeeper's Administration Applications, referred to further in this document as the Administration Applications,
constitute all applications that are only accessible by and intended for the use of the Park Operator and their authorised personnel (see 2.3 below).
1.6
On first agreeing to licence or trial Gatekeeper from Gatekeeper Bookings,
a set of security and access details to the newly initiated Administration Applications
will be provided to the Park Operator by Gatekeeper Bookings.
On using those security and access details to access the Administration Applications, the
Park Operator thereby agrees to and becomes fully bound by these terms & conditions.
2
Security & Authorised Access
2.1
The Administration Applications are protected against public access by a number of layers of security.
Once a Park Operator has agreed to trial or
license Gatekeeper, Gatekeeper Bookings will thus provide to the Park Operator
a set of internet links and log in details, referred to further in this document as the security credentials, for protected access to their Administration Applications.
(i)
Although specific advice on secure storage methods and best practices will be offered to the Park Operator by Gatekeeper Bookings, it is solely and entirely the Park Operator's responsibility alone to
ensure the provided security credentials cannot be obtained or viewed by unauthorised persons, or compromised in any way so as to enable access to their Administration Applications
by any person other than those listed under 2.3 below.
(ii)
Gatekeeper bookings will not be responsible for, and cannot be held liable or accountable for in any way whatsoever, exposure or loss of information
held by the Park Operator on their Gatekeeper due to compromise of the Park Operator's security credentials.
(iii)
It should be noted that in the event of unauthorised persons gaining access to a Park Operators Administration Applications
by way of compromise of their security credentials, personally identifiable customer information could
very easily be viewed or extracted, which would thus place
the Park Operator in breach of the UK's Data Protection Act of 2018.
2.2
Further to 2.1, it is the Park Operator's responsibility to more specifically prevent unauthorised access to their
Administration Applications according to 2.2 (i-iv) that follow.
In the case of failing to prevent access per 2.2 (i-iv), Gatekeeper Bookings reserves the right to temporarily or
permanently disable access to the Park Operators Gatekeeper Bookings Services, as is detailed further under 4.1 below:
(i)
Prevent unauthorised persons gaining access to the security credentials wherever stored or recorded by the Park Operator.
(ii)
Prevent unauthorised access to computers and devices running browsers that have the security credentials permanently
stored.
(iii)
Prevent unauthorised access to computers and devices where Administration Applications are currently loaded and visible in a browser.
(iv)
Prevent access to their Gatekeeper by any individual, or person representing a company, that
provides, or seeks to provide, software products of a similar nature to Gatekeeper.
2.3
Access to the Administration Applications is permissible by:
(i)
The Park Operator
(ii)
A person authorised by the Park Operator
(iii)
Gatekeeper Bookings personnel
2.4
Any person other than those stated in 2.3 accessing the Administration Applications will be liable to prosecution
under the fullest extent of UK law.
2.5
Any person who is associated in any way with a company that operates (or seeks to operate) online booking centred software products to clients in the accommodation industry
that gains sight or access to a Park Operators Administration Applications without explicit written consent from Gatekeeper Bookings can expect
prosecution under the UK Copyright, Designs and Patents Act (1988).
3
Subscription and commission fees
3.1
The applicable subscription and/or commission rates payable by the Park Operator to Gatekeeper Bookings
for use of their Gatekeeper are to be agreed between Gatekeeper Bookings and the Park Operator
before customer facing services are made available for public use. On agreeing rates in principle, Gatekeeper Bookings will formalise
the rates by email to the park operator. When the park operator confirms acceptance of the rates by reply,
the contents of the email confirming the rates will thus form an extension of these terms and conditions.
3.2
Invoices for subscription and commission charges are issued for the period of the preceding month
from the first day of the following month.
3.3
Park operators are required to settle invoices within 10 days of their date of issue.
3.4
Gatekeeper Bookings reserves the right to temporarily suspend any or all Gatekeeper services running in the Park Operator's designated sub-domain
in the event an invoice:
(i)
Is not settled within 14 days from the date of issue.
(ii)
Is twice not settled within 10 days of the date of issue within any twelve month period.
3.5
Where an invoice remains outstanding more than 21 days after its initial date of issue, and every effort has been made to
ascertain that the Park Operator is aware of the outstanding invoice, Gatekeeper Bookings reserves the right to permanently disable access
to the Park Operator's Gatekeeper (see also 4.1).
3.6
Where Gatekeeper services are temporarily suspended under either 3.4(i) or 3.4(ii):
(i)
Those Gatekeeper services will only be reinstated on payment in full of all outstanding invoices.
(ii)
No reduction with respect to any monthly or yearly fees that have previously been agreed will be provided as a result.
4
Withdrawal of the right of access and termination of services
4.1
These terms and conditions contain clauses that when applied result in either temporary or permanent disablement of the Park Operator's Gatekeeper services,
Those clauses are specifically: 2.2 (i-iv), 3.4, 3.5, 4.2, 4.4, and 5.3. Further in this document, these clauses are referred to collectively as the Service Termination Clauses.
Should these terms and conditions be broken by the Park Operator with respect to clauses 2.2 (i-iv), 3.4, 3.5 or 5.3,
Gatekeeper Bookings retains the right to either temporarily (3.4) else temporarily or permanently (2.2 (i-iv), 3.5, 5.3) disable access to any or all services running within the Park Operator's designated subdomain, including the public
facing services, without prior notice.
(i)
In the case any Service Termination Clause is invoked by the applicable party,
the Park Operator alone shall bear responsibility for any resultant consequences, whomsoever the resultant consequences should affect, and to apply whether those consequences are deemed to be financial, personal, or otherwise.
(ii)
Furthermore in the case any Service Termination Clause is invoked by the applicable party, Gatekeeper Bookings cannot at any point in time: be held responsible for,
be held liable for, or sued on the basis of, any consequence any affected party might perceive to have incurred as a result.
(iii)
Affected parties with respect to the Service Termination Clauses in the document is defined to mean to include, but by no means to be limited by:
the Park Operator; persons or entities holding bookings with the Park Operator that have been placed via the Park Operator's Gatekeeper;
any person or entity financially or otherwise involved, dependent on, or associated in any way whatsoever with the Park Operator.
4.2
With the exception of breach of clauses under 4.1, Gatekeeper bookings must provide the Park Operator with at
least 90 days notice by email of any intent to disable a Park Operator's Gatekeeper services.
4.3
Furthermore, in all but the most exceptional circumstances, and with exception to breach of clauses under 4.1, Park Operators can expect that any notice of termination of services by Gatekeeper Bookings
would place the date of termination in the period from September 14th through to November 1st.
4.4
Termination of services by the Park Operator
Park Operators can effect disablement of their Gatekeeper services by giving at least 72 hours written notice by email to Gatekeeper Bookings. The notice must detail whether only the public services are to be disabled,
which would be anticipated to be only a temporary disablement, or whether all of the Park Operator's Gatekeeper services are to be shut down.
4.5
Settlement of fees on termination of the services.
Whether the termination of services is enacted by Gatekeeper Bookings under the applicable clauses in these terms and conditions, or whether
requested by the Park Operator per 4.4, all active subscription will be invoiced for on a pro rata basis until the date of termination of services only,
to then be cancelled on the date of termination.
4.6
Provision of data on the termination of services.
(i)
Once it has been determined that access to Gatekeeper services is to be withdrawn from the Park Operator, either according
to due notice having been issued by Gatekeeper Bookings (see 4.2), the Park Operator electing to terminate their services (see 4.4),
or as a result of withdrawal of services under 4.1 — and once all outstanding invoices from Gatekeeper Bookings to the Park Operator have been settled
(including the final pro-rata basis invoice detailed in 4.5) — all relevant information the Park Operator holds in Gatekeeper Bookings' databases
will be provided to the Park Operator in the form of SQL based relational database tables securely encrypted by password.
(ii)
Once it has been determined that the data provided under 4.6 (i) has been received intact, Gatekeeper Bookings will move to delete the
Park Operator's data from their own databases and database backups.
(iii)
It should be noted that, although the provided database records
will be, in the view of Gatekeeper Bookings, perfectly suited for a subsequent provider to import all essential data into their own systems, for the purpose of making that data
available to the Park Operator within the subsequent provider's own system in a way that is adequate to the Park Operators adminsistrative requirements,
Gatekeeper Bookings will not in any way be responsible for a subsequent provider's ability to effectively implement that import of data — or held liable in any way where the provider is unable
to do so.
(iv)
Additionally, Park Operators remain able up until the
point their services are disabled to comprehensively export their data from the various Administrative Applications in csv spreadsheet format, via the standard functionality providing for that,
as available to Gatekeeper users with Manager's account privileges.
5
Misuse of Gatekeeper's email functionality
5.1
Gatekeeper allows system users with the applicable privileges the capacity to email all, or a specific selection, of persons booked to stay at the Park Operator's Park
on a given date or period of dates. As this facility enables the sending of email to booking customers that have not necessarily
given explicit permission to the Park Operator to contact them for marketing oriented purposes, the facility is for use only in the cases where it is
strictly essential. This may be due to, for example, but not limited to, an unexpected park closure due to flooding or bad weather, road closures,
or an unexpected update to the applicable pricing on bookings.
5.2
It is critically the Park Operator's responsibility to ensure that the email facility outlined in 5.1
must never be used to send any form of marketing or
general information email.
5.3
In the case the facility outlined in 5.1 is misused per clause 5.2, Gatekeeper Bookings may permanently disable
the Park Operator's Gatekeeper services.
6
Data Protection
6.1
Under no circumstances will Gatekeeper Bookings pass the Park Operator's data to a third party in any form, or allow access
to a Park Operator's Gatekeeper by a third party, unless fully compelled to do so by a court of law.
6.2
Gatekeeper bookings data protection registration number is ZA050294.
7
Limitations and exclusions of liability
7.1
Nothing in these terms and conditions will:
(i)
limit or exclude any liability for death or personal injury
resulting from negligence;
(ii)
limit or exclude any liability for fraud or
fraudulent misrepresentation;
(iii)
limit any liabilities in any way
that is not permitted under applicable law; or
(iv)
exclude any liabilities that may not be excluded under applicable law.
7.2
The limitations and exclusions of liability set out in this Section 7 and
elsewhere in these terms and conditions:
(i)
are subject to Section 7.1; and
(ii)
govern all liabilities arising under these terms
and conditions or relating to the subject matter of these terms and conditions,
including liabilities arising in contract, in tort (including negligence)
and for breach of statutory duty.
7.3
We will not be liable for any loss or damage of any nature.
7.4
We will not be liable to you in respect of any business losses, including (without limitation)
loss of or damage to profits, income, revenue, use, production, anticipated savings,
business, contracts, commercial opportunities or goodwill.
7.5
We will not be liable to you in respect of any loss or corruption of any data, database or software, or system downtime.
7.6
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
7.7
You agree that you will not bring any claim personally against Gatekeeper Bookings officers or employees in
respect of any losses you suffer in connection with use of Gatekeeper.
8
Variation
8.1
We may revise these terms and conditions from time to time.
8.2
Any revision to these terms and conditions will apply to your use of Gatekeeper Bookings Administration Services
from the date of publication of the revisions here on this web page.
9
Assignment
9.1
You hereby agree that Gatekeeper Bookings may assign, transfer,
sub-contract or otherwise deal with their rights and/or obligations under these terms and conditions.
9.2
The Park Operator may not without prior written consent from Gatekeeper Bookings assign,
transfer, sub-contract or otherwise deal with any of the Park Operator's rights and/or obligations under these terms and conditions.
10
Severability
10.1
If a provision of these terms and conditions is
determined by any court or other competent authority to be unlawful and/or unenforceable,
the other provisions will continue in effect.
10.2
If any unlawful and/or unenforceable provision of these terms and conditions would be
lawful or enforceable if part of it were deleted, that part will be deemed to be deleted,
and the rest of the provision will continue in effect.
11
Third party rights
11.1
These terms and conditions are for the benefit of Gatekeeper Bookings and the Park Operator,
and are not intended to benefit or be enforceable by any third party.
11.2
The exercise of the parties' rights under these terms and conditions is not
subject to the consent of any third party.
12
Entire agreement
12.1
These terms and conditions constitute the entire agreement between Gatekeeper Bookings and the Park Operator
in relation to the Park Operator's use of Gatekeeper and supersede
all previous agreements between Gatekeeper Bookings and the Park Operator.
13
Law and jurisdiction
13.1
These terms and conditions shall be governed by and
construed in accordance with English law.
13.2
Any disputes relating to these terms and
conditions shall be subject to the exclusive jurisdiction of the courts of England.
14
Statutory and regulatory disclosures
14.1
Gatekeeper Bookings will not file a copy of these terms and conditions
specifically in relation to each Park Operator and, if Gatekeeper Bookings update these terms and conditions, any version
to which a Park Operator has previously seen or agreed will no longer be valid or available on this website.
14.2
These terms and conditions are available in the English language only.