These terms and conditions govern use of
"The Gatekeeper Bookings Platform" by a "Park Operator".
"The Gatekeeper Bookings Platform" herein refers to: the full range of services, functionality and
applications residing within the web space of any subdomain of the top level domain gatekeeperbookings.com
which consists of: "customer facing services" and the "Gatekeeper System".
"Park Operator" herein refers to: a person,
company or other legal entity licensed
to use The Gatekeeper Bookings Platform by Gatekeeper Bookings.
The "Gatekeeper System" herein is defined as: the services, functionality and
applications reserved for the use of the Park Operator only, and which require protected directory
security credentials to access, as provided by Gatekeeper Bookings to the Park Operator.
These protected directory security credentials are referred to hereafter as "the security credentials".
"Customer facing services" herein are defined as webpages within the Gatekeeper Bookings Platform that
are publicly accessible without the provision of the security credentials. This is constituted more specifically of:
the online booking service, the online booking update and cancellation services,
the online invoice payment service, and the customer marketing unsubscribe page.
Upon using security credentials provided by Gatekeeper Bookings to access a Gatekeeper System, the
At that point, the contract defined herein will enter into force between the Park Operator and Gatekeeper Bookings.
Any persons using or obtaining the security credentials to
access a Gatekeeper System other than persons authorised by:
The Park Operator
A person delegated the authority by the park operator to authorise use of the security credentials
may be prosecuted to the fullest extent available under applicable law, as per clause 18 below.
Use on behalf of an organisation
If you use the Gatekeeper Booking System, or expressly agree to these terms and
conditions, then by so doing you bind both:
the Park Operator to these terms and conditions,
and in these circumstances, references to "you" in these terms and conditions are to both the individual
user and the Park Operator.
Preventing unauthorised access to your Gatekeeper System
It is the Park Operator's responsibility to prevent unauthorised access to the Gatekeeper System
by way of:
Preventing unauthorised persons gaining access to the security credentials.
Preventing unauthorised access to computers and devices running browsers that have the security credentials permanently
Preventing unauthorised access to computers and devices where the Gatekeeper System is currently accessed and loaded in a browser.
Preventing access to the Gatekeeper System by any individual, or person representing a company, that
provides, or seeks to provide, software products of a similar nature to the Gatekeeper Bookings Platform.
If you are a person, or represent a company, that
provides, or seeks to provide, software products of a similar nature to the Gatekeeper Bookings Platform,
you are expressively prohibited from any use of a Gatekeeper System unless you have explicitly informed us that
you are a competitor, and we have given our explicit consent for you to access a Gatekeeper System
in light of such acknowledgement. Without such consent you are notified that
we will treat any unauthorised use, or unauthorised acquisition of security credentials to a Gatekeeper System,
as fraudulent, and will seek to prosecute you under applicable law,
including the Copyright, Designs and Patents Act 1988.
Withdrawal of the right of access to the Gatekeeper Bookings Platform
Gatekeeper Bookings has the right to suspend or permanently disable that Gatekeeper Bookings Platform, without prior notice,
and to dissolve this contract with immediate effect without prior notice or further justification. In this case,
no part of the monthly payment will be refunded, as per clause 7.4.
When access to a trial & development phase system is granted, as defined under 6.1 (a) below,
and before the trial & development system has been
advanced to the production phase, as defined under 6.2 below, Gatekeeper Bookings reserves
the right to disable that Gatekeeper Bookings Platform at any time without prior notice or further justification.
Once the production phase has been entered into, with the exception of 4.1 above,
Gatekeeper Bookings must provide at least 60 days' notice to
terminate this contract, and shall not withdraw access to the Gatekeeper System, or any element of the customer facing services
before the end of the period of 60 days' notice.
The right of Gatekeeper Bookings to invoke clause 4.2 supersedes
Termination of contract by the Park Operator
Unless agreement between Gatekeeper Bookings & the Park Operator to extend the trial & development phase is made,
28 days after first access to a trial & development phase system, all services provided by that Gatekeeper Bookings Platform will be
terminated and this contract will expire.
Once the production phase has been entered into, the Park Operator is bound to provide 48 hours' notice of intent to
terminate the contract by email.
On receipt of such notice of termination, Gatekeeper Bookings shall release full records of bookings,
customer accounts and financial transactions
to the Park Operator, and may then permanently terminate all services provided by that Gatekeeper Bookings Platform.
There are two phases to launching a Gatekeeper Bookings Platform. The "trial & development phase" and the "production phase".
The trial & development phase is for the use of the park operator and Gatekeeper Bookings only.
It is usually limited to a maximum of 28 days.
During this phase, links to customer facing services must not be advertised or provided
anywhere publicly accessible on the internet.
The URLs to access the customer facing services are coded in a way to prevent public access or unintended indexing by
search engines, while online payment facilities run through sandboxed, testing environments only.
Payment of any invoice offered to the Park Operator by Gatekeeper Bookings during the trial & development phase
is entirely voluntary, and the Park Operator is under no obligation,
financial or otherwise, to continue to the production phase.
Advancing a trial & development phase system into the production phase represents the launch of
the customer facing services to the public. The prior restrictions on
public access to the customer facing services are removed, and the available online payment services
switched to live channels.
The Park Operator is then free
to advertise and link to their customer facing services in whichever way they require.
To take a trial & development system into the production phase, explicit notice of intent to do so
is required by email from the Park Operator. On receipt of this intent, a non-binding invoice for the
"first monthly payment" will be issued to the Park Operator, as defined in 7.1 below.
On fulfilment of that payment, the Park Operator may then instruct us to switch
to the production phase at their stipulated date and time, and the Park Operator becomes bound to
To switch a trial & development phase system into the production phase, fulfilment of the invoice for the
first "monthly payment" is required by bank transfer into our account, which will be designated within the invoice.
Further monthly payments then become due into the same account on the
same date of the month as the first monthly payment. This date of the month is referred to hereafter as the
"scheduled payment date".
The monthly payment is to be fulfilled by standing order on the scheduled payment date each month of the year in which
The Gatekeeper Bookings Platform will remain accessible by the public and/or the Park Operator on any date between the
scheduled payment date and the following scheduled payment date. This is highly expected
and advised in almost all scenarios to be 12 months of the year, but is not compulsory.
The rate of monthly payments for the subsequent 37 months will be the same as the rate of the first monthly payment,
which is determined by the rates advertised on the Gatekeeper Bookings website
at the time
the invoice for the first monthly payment was issued. From the 38th month onwards, the monthly rate may
be increased according to the terms of clause 8.1.
All monthly payments are advance payments for the period from that scheduled payment date to the following scheduled payment date.
On termination of this contract by the
Park Operator, or by Gatekeeper Bookings in accordance with clause 4.1,
no pro-rata refunds will be given against monthly payments already made or due.
Where the monthly standing order payment has not been received by us more than 14 days
past the scheduled payment date,
we reserve the unconditional right to disable that Gatekeeper Bookings Platform
until the sum of all outstanding payments are received into our account.
Where the standing order for the monthly payment is not initiated on
the scheduled payment date on three or more separate scheduled payment dates in any 12 month period,
we reserve the right to terminate this contract between the Park Operator and Gatekeeper Bookings with immediate effect,
and to disable that Gatekeeper Bookings Platform without notice.
During the length of this contract, Gatekeeper Bookings may agree to provide additional services to the Park Operator,
such as, but not limited to, the development of clickable park maps for integration into the Gatekeeper System, enhanced development of the
look and feel of the customer facing services, the import of pre-existing bookings or customer data into the Gatekeeper
or technical services or consultancy towards projects outside of the scope of
govern or relate to such additional services in any aspect, nor any invoices and payments made in relation to such services.
Increases to the monthly rate
We guarantee no increase to the per unit rate over the period of
the first 36 monthly payments. Following that, the monthly payment may be increased at any time
on 60 days' notice on the basis of an increase to the per unit rate by a percentage no greater
than the compounded rate of inflation over any preceding period where such increase has not yet been applied.
For administrative purposes, the director of Gatekeeper Bookings reserves the unconditional right to access
your Gatekeeper System without your consent at any time. All other Gatekeeper Bookings personnel
require your explicit verbal or written consent to access your Gatekeeper System for administrative
or support purposes.
Misuse of the Gatekeeper System's email functionality
The Gatekeeper System allows authorised users to contact all persons staying at the park on a single date
or period of dates by email. This facility is for use only in the rarest of cases when it becomes
absolutely essential, typically, due to unexpected park closure.
It is critical that this facility must not be used to send any form of marketing or
general information email under any circumstance, with it being the Park Operator's responsibility to
ensure this does not happen.
With the exception of the deployment of scheduled marketing via the Gatekeeper System's
dedicated marketing tools, which deploys marketing only to customers that have consented to receiving marketing,
any use of any of the Gatekeeper System's range of other
email facilities for marketing oriented purposes is expressly prohibited. On detection that any of that
range of email facilities have been used for
marketing oriented purposes, we may permanently disable any of the email
facilities in your Gatekeeper System without prior notice or further justification.
On the second detection of such misuse, we reserve the right to then invoke clause 4.2.
Under no circumstances will we pass your data to a third party in any form, or allow access
to your Gatekeeper System by a third party, unless fully compelled to do so by a court of law.
Our data protection registration number is ZA050294.
Limitations and exclusions of liability
Nothing in these terms and conditions will:
limit or exclude any liability for death or personal injury
resulting from negligence;
limit or exclude any liability for fraud or
limit any liabilities in any way
that is not permitted under applicable law; or
exclude any liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section 11 and
elsewhere in these terms and conditions:
are subject to Section 11.1; and
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.
We will not be liable for any loss or damage of any nature.
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.
We will not be liable to you in respect of any loss or corruption of any data, database or software, or system downtime.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
You agree that you will not bring any claim personally against our officers or employees in
respect of any losses you suffer in connection with our software.
We may revise these terms and conditions from time to time.
With the exception of clauses 7 and 8,
the revised terms and conditions will apply to your use of your Gatekeeper Bookings Platform
from the date of their publication here on this website, and you hereby waive any right you may
otherwise have to be notified of, or to consent to, revisions of the terms and conditions.
Without the written consent of the Park Operator,
clauses 6 and 7 will remain in effect for the life of the contract
as per their exact status on the date of the first scheduled payment.
With the exception of 12.3, you hereby agree that we may assign, transfer,
sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
You may not without our prior written consent assign,
transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
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.
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.
These terms and conditions are for our benefit
and your benefit, and are not intended to benefit or be enforceable by any third party.
The exercise of the parties' rights under these terms and conditions is not
subject to the consent of any third party.
Subject to Section 12.1,
these terms and conditions constitute the entire agreement between you and
us in relation to your use of the Gatekeeper Bookings Platform and, with the exception of 13.2, supersede
all previous agreements between you and
us in relation to your use of the Gatekeeper Bookings Platform.
These terms and conditions shall be governed by and
construed in accordance with English law.
Any disputes relating to these terms and
conditions shall be subject to the exclusive jurisdiction of the courts of England.
Statutory and regulatory disclosures
We will not file a copy of these terms and conditions
specifically in relation to each Park Operator or customer and, if we update these terms and conditions, the version
to which you originally agreed will no longer be available on our website.
These terms and conditions are available in the English language only.