Terms & Conditions
For Gecko Booking ApS, Silkeborgvej 758, 8220 Aarhus
The terms & conditions are valid until 11/9/2010, for existing subscriptions, the terms and conditions apply to the date given in the issued notice, but no later than 31/12/2018. The new version of the terms can be found here.
1. Field of application
1.1 These terms and conditions (hereafter ”T&Cs”) apply to all agreements of purchase and delivery of continuous services (hereafter ”Subscription agreement”) from GECKOBooking.dk (hereafter ”the Seller”) to any customer (”hereafter ”the Buyer”) unless they have been dispensed with completely or partly through written agreement between the Seller and the Buyer (hereafter ”the Parties”).
1.2 The Seller is GECKOBooking.dk by AT-Orbital ApS, Silkeborgvej 758, 8220 Aarhus, Denmark. The Seller’s main activities consist of web development including delivery of e-trade solutions, portals, presentation sides, intranet solutions, booking systems etc.
1.3 The T&Cs do not apply to purchase of movables including hardware.
1.4 Special terms and conditions of purchase or specific requirements to the Seller’s service from the Buyer, as noted in the Buyer’s terms and conditions of purchase or the like, are not binding for the Seller unless the Seller has explicitly pronounced in writing that these terms and conditions are understood and accepted.
2. Entering of agreements
2.1 The Parties can enter into Subscription agreements in writing or over the telephone or via the Buyer’s order on the Seller’s website www.geckobooking.dk.
2.2 A Subscription agreement contains further terms and conditions of the extent, price, and delivery of the Seller’s services.
2.3 Any special terms and conditions including purchase of special functionality for the services the Seller offers at www.geckobooking.dk can be agreed on by the Parties.
2.4 The Subscription agreement becomes effective when the Buyer’s order has been completed and the Buyer has received confirmation of this on the e-mail address entered by the Buyer at the time of order.
2.5 The Subscription agreement runs for 3 months from the date of commencement, however, termination does not happen until the end of the current calendar month at the time where the 3 months have elapsed (hereafter “the Subscription period”).
2.6 At the termination of a Subscription period, the Subscription agreement is automatically renewed unless the Seller or the Buyer terminates it before hand, cf. item 14.
3. The Seller’s services
3.1 The Seller’s services according to the Subscription agreement encompass that which is described therein (hereafter ”the Hired”).
3.2 The Seller is obligated to put the Hired at the Buyer’s disposal in the Subscription period in return for the fee agreed upon in the Subscription agreement, cf. item 7.
3.3 The Seller is entitled to temporarily disconnect the access to the Hired if this is required in order to service the Seller’s systems, servers, or the like.
4. Use of the Hired
4.1 The Hired must only be used in a way and for a purpose that according to the Subscription agreement can be seen as required and ordinary. The Buyer must not by the Buyer’s use stress the Hired or the Seller’s systems, servers, or the like unduly.
4.2 Use of the Hired in a way not in accordance with item 4.1 requires prior consent from the Seller including:
4.2.1 Use that entails not required or unusually large data traffic.
4.2.2 Use that in another way stress the Seller’s systems, servers, or the like in a not required or unusual way.
4.3 Seller’s consent as described in item 4.2 can involve a demand of a fee in addition to that agreed upon in the Subscription agreement.
5. Seller’s right to make changes
5.1 The Seller is entitled to announce changes in the terms and conditions of the Subscription agreement with 14 days’ notice.
5.2 The Seller is entitled to change technical installations if this is required due to operation, data traffic and/or other technical circumstances.
6. Seller’s property right
6.1 The Seller maintains the full copyright for any component or product produced by the Seller, that is protected by copyright law, including programs, graphical components, pictures and associated documentation material etc., regardless of whether the component or product has been produced by the Seller at the request of and/or paid for by the Buyer or a third party.
6.2 The Seller reserves the right to put any component or product produced by the Seller, including those mentioned in item 6.1, at a third party’s disposal regardless of whether the component or the product was developed as part of a Subscription agreement, including specially developed functionality after agreement of purchase referring to item 2.3.
6.3 The Buyer will in the Subscription period have right of use of the Hired in accordance to the Subscription agreement, but may not in any way copy the Hired or use it for relicensing, conveyance, or the like to a third party neither partly nor completely.
7. Buyer’s payments
7.1 The Buyer pays hire to the Seller for the Buyer’s use of the Hired in the Subscription period in accordance to the Subscription agreement (hereafter ”Hire”).
7.2 Work completed by the Seller regarding purchase of special functionality, cf. item 2.3, including development assignments etc., is settled as agreed upon by the Parties.
7.3 The Buyer pays Hire in advance at the beginning of a Subscription period for the full Subscription period.
7.4 However, the following are not paid for until the end of the Subscription period:
7.4.1 Payments dependent on use including payment for use of text messages (SMS).
Payment for this is settled on the basis of the Buyer’s actual use in the Subscription period.
7.4.2 Work the Seller has completed as part of the purchase of special functionality, cf. 2.2, completed in the Subscription period. Payment for this is settled based on the Parties’ agreement.
7.5 Unless special arrangements have been made or something else is evident on the invoice, the Buyer’s payment must occur 8 days net from the date of invoice.
7.5.1 However, if the Buyer pays by credit card when ordering, payment occurs immediately when the Buyer gains access to the Hired.
7.6 The Buyer receives invoices on the e-mail address that the Buyer informed to the Seller when the Subscription agreement was entered into.
7.7 Hire, that has been due for payment for more than 14 days, are without further notice added default interests from the due date. The default interest consists of 1.5 % for each month or part of a month.
7.8 If the Buyer is in arrears for more than 30 days after the due date, the Seller is in all cases entitled to annul the Subscription agreement, cf. item 14.4.
7.9 The Buyer is not entitled, neither completely nor partly, to withhold due payment according to a Subscription agreement even though the Buyer may have a demand against the Seller, and the Buyer is not entitled to make any deduction in these cases.
8. Buyer’s payments via direct debit
8.1 The Seller is signed up for direct debit via Nets (www.nets.eu).
8.2 If the Buyer wants to sign payments up for direct debit according to the Subscription agreement, this requires that the Buyer has entered into a debtor agreement with the Buyer’s financial institution.
8.3 The Buyer is responsible for creating a payment agreement with the Seller as a creditor via the Buyer’s financial institution.
8.4 When creating a payment agreement, the Buyer gives consent to that the Seller may initiate payment from the Buyer’s account to the Seller’s account of any balance in the Seller’s favour that the Buyer owes the Seller according to the Subscription agreement including:
8.4.1 Fixed payments according to item 7.3.
8.4.2 Payments dependant on use according to item 7.4.
8.4.3 Payment for the Seller’s completed work according to item 7.4.
8.4.4 Payment for services that the Subscription agreement may be extended to.
8.5 The Buyer can at any time inform the Buyer’s financial institution and the Seller that the Buyer wants to terminate the payment agreement.
9. Buyer’s other obligations
9.1 The Buyer is obligated to immediately inform the Seller of changes in the Buyer’s address and e-mail address.
9.2 The Buyer is furthermore obligated to inform the Seller of any changes that could be of importance for the Subscription agreement.
10. Buyer’s responsibilities
10.1 The Buyer has the sole responsibility for the content of the information, files etc. that the Buyer receives from or submits to the internet as part of the Buyer’s use of the Hired regardless of where this information, files etc. may be or originate from, and regardless of whether the Seller may have assisted the Buyer in formulating and composing this information, files etc. The Seller’s freedom from responsibility apply in every sense including the correctness, legality, and merit of this information, files etc.
10.2 The Buyer accepts to exempt the Seller from any demands of compensation, penalties, fees, or the like that the Seller may encounter due to the Buyer’s illegal and/or wrongful actions or omissions regarding the Buyer’s use of the Hired including the Buyer’s violation of incorporeal rights and punishable actions and other omissions.
11. Buyer’s property rights
11.1 All data that is the Buyer’s property and that the Buyer adds to the Seller’s systems by the Buyer’s use of the Hired remain the property of the Buyer.
12. Limitation of liability
12.1 The Buyer’s use of the Hired occurs at the Buyer’s risk in every sense.
12.2 The Seller is only liable for damages to the Buyer as a result of a disconnection to the Hired, a delay of delivery of the Hired, disruption or reduced functionality of the Hired when these circumstances directly are due to the Seller’s and/or the Seller’s employees’ intentional actions or gross negligence. Temporary disconnection to the Hired according to item 3.2 will never entail liability for damages for the Seller.
12.3 The Seller’s liability for damages is in all cases limited monetarily to the Hire that the Buyer according to the Subscription agreement has paid for the Hired, cf. item 7.
12.4 In relation to a Subscription agreement, the Seller is under no circumstances liable for damages for the Buyer’s indirect losses including operation losses, time losses, profit losses, interest losses, accidental losses or consequential losses. In addition, the Seller is not liable for damages for the Buyer’s loss due to unauthorized access to the Buyer’s data system, including data, that is located on the Buyer’s own or a third party’s internet servers.
12.5 The Seller assumes no responsibility for damage to the Buyer’s or a third party’s property, software, or the like as a result of the Buyer’s or a third party’s use of the Hired, to the extent that mandatory legislation does not prescribe otherwise.
13. Force Majeure
13.1 In case of war, riots, fire, explosions, accidents, floods, sabotage, shortage of fuel, energy, raw materials or containers or transport difficulties that are due to circumstances outside the Seller’s control, industrial action, strike, lockout, death or disease that affect key employees or adherence to applicable laws, rules and regulations, complete or part damage to machines, operation disruptions, delays or defects that are due to subcontractors, or other circumstances, regardless of whether the kind and character of the circumstance are consistent with those noted above, that prevent or delay the Seller in meeting the Seller’s obligations according to the Subscription agreement, where hindrance or delay is due to or occur because of actions, events, omissions, negligence, or accidents outside the Seller’s control, the Seller’s obligations will be suspended until Seller, after the cessation of the difficulties, is able to meet the Seller’s obligations again according to the Subscription agreement.
14.1 The Buyer can terminate the Subscription agreement to be terminated at the end of a continuous Subscription period.
14.2 The Buyer’s termination of the Subscription agreement must occur in writing to the Seller at the Seller’s address or by e-mail to email@example.com and be received by the Seller no later than 7 days before the continuous Subscription period expires. If a termination occurs after this time, the Subscription period will be considered as terminated at the end of the next continuous Subscription period.
14.3 The Seller’s termination of the Subscription agreement must occur in writing to the Buyer at the Buyer’s address or by e-mail to the e-mail address the customer announced when the Subscription agreement was entered into and must be received by the Buyer no later than 30 days before the continuous subscription period expires. If a termination occurs after this time, the Subscription period will be considered as terminated at the end of the next continuous Subscription period.
14.4 In case of the Buyer’s significant violation of the Subscription agreement, the Seller is entitled to annul it and demand any losses and claims paid. The following are among other things considered as significant violations:
14.4.1 The Buyer’s arrears with payment according to item 7.8.
14.4.2 The Buyer’s illegal actions or omissions when using the Hired including violations of incorporeal rights and punishable actions and other omissions.
14.4.3 The Buyer’s misuse of the Hired where it is used in a way not in accordance with item 4.
14.4.4 The Buyer’s misuse of www.geckobooking.dk or associated web sites.
14.4.5 The Buyer’s other actions that complicate the working relationship between the Parties or between the Seller and a third party in a not insignificant way.
14.5 The Seller reserves the right as an alternative or as a supplement to the termination of the Subscription agreement to close for the Buyer’s access to the Hired after the Buyer’s significant violations according to item 14.4.
14.6 Any remaining balance of prepaid SMSes is not refunded at the end of subscription.
15. Consumer affairs
15.1 If the Buyer by entering into the Subscription agreement mainly trade outside of the Buyer’s occupation, the Buyer is seen as a consumer (hereafter ”Consumer affairs”).
15.2 In Consumer affairs, the mandatory consumer legislation finds application before the T&Cs.
15.3 In Consumer affairs, the Buyer can terminate the Subscription agreement with 1 month notice to the end of a month when 5 months have passed after the Subscription agreement was entered into, cf. The Danish Consumer Protection Act § 25, subsection 1.
15.4 In Consumer affairs, the Buyer has a 14 day right of cancellation from the date the Subscription agreement was entered into, cf. the Danish Consumer Protection Act § 18, subsection 1 and 2.
16.1 Multiple simultaneous campaign offers cannot be combined. When ordering, it is the Buyer who alerts the Seller to the campaign offer that the Buyer wants to use.
16.2 Campaign offers cannot be used retroactively.
17. Conveyance of rights and obligations
17.1 The Seller is entitled to, completely or partly, convey the Seller’s rights and obligations regarding all Subscription agreements to a company that is controlled by the Seller, the Seller’s parent company, or companies that have the same parent company as the Seller, cf. Companies Act §§ 6 and 7.
18. Applicable law and venue
18.1 Subscription agreements and these T&Cs must be interpreted and are regulated in accordance with Danish law.
18.2 Any dispute between the Seller and the Buyer including disputes regarding the existence, validity, or interpretation of these T&Cs or disputes occurring on the basis of offers, orders, order confirmations, or invoices must be settled in arbitration arranged by Det Danske Voldgiftinstitut in accordance with the rules for arbitration, that have been enacted by Voldgiftsinstituttet, that are in force at the time the arbitration case is initiated. The arbitration will take place in Aarhus.
18.3 This arbitration clause does not prevent the Parties from requesting that the court initiates preliminary or ensuring means of law.