GENERAL TERMS AND CONDITIONS FOR USERS OF ACTIVE BOOKINGS.CO.UK
A SERVICE OFFERED BY ACTIVEBOOKINGS.CO.UK(AS OF 1st October 2015)
These GENERAL TERMS AND CONDITIONS and the guidelines herein are valid for all services offered by ActiveBookings.co.uk , whether they be offered directly or indirectly (via third parties), via internet, any kind of mobile device or via telephone.
- AREA AND METHOD OF OPERATION
1.1 ActiveBookings.co.uk(subsequently “Active Bookings”) offers a service for presenting local businesses (“Partner“) and their services to end-consumers (“Users”) using Active Bookings brand and web based portals and mobile consumer applications as well as selected cooperation portals (each individually and together “Active Bookings Network”). Users may register with these portals. Users may use these portals to enquire about Active Bookings Partners and their offers, make reservations or bookings (“Reservations”) with Active Bookings Partners, and subsequently rate their experiences with Active Bookings Partners.
1.2 All services and additional information offered online on www.ActiveBookings.co.uk (“Active Bookings Portal”) do not constitute a recommendation or grading of general quality or of quality of service of each Partner. Neither does it constitute a general classification of a Partner nor their offers and services promoted via Active Bookings.
1.3 If Users make a Reservation via Active Bookings, a contract exclusively becomes effective between the User and the Partner. Active Bookings itself does not offer any of the services shown on the Active Bookings Portal or the Active Bookings Network. Active Bookings itself does not offer any restaurant services. Active Bookings is not a legal representative of the Partner. Active Bookings services are free of charge to the User.
1.4 After making a reservation by the User ,the Partner will/may receive the booking enquiry email. ActiveBookings.co.uk is not responsible of any email that was sent to Junk / Spam folder and it’s Partner’s responsibility to ADD firstname.lastname@example.org to its contact list.
All prices exclude the legally applicable VAT and applicable taxes. Occasionally services or products on Active Bookings are promoted as special offers. Special offers are subject to our Partners and their prices and conditions may be subject to further conditions defined by the Partner.
- CANCELLATION AND NO-SHOW
3.1 ActiveBookings.co.uk does not take any responsibility for cancelled reservations or “no Shows” It is Partners responsibility to contact Users prior the time of the booking to confirm their attendance if needed.
- DATA PRIVACY
4.1 Active Bookings respects and protects it’s User’s personal information and data.
4.2 The collection, processing and use of personal data by Active Bookings is governed by the applicable data protection laws, the data protection policy relating to the use of Active Bookings and the consent given by Users for the processing of their personal data.
- FEEDBACK/REVIEW SYSTEM
5.1 Active Bookings offers a feedback/review system.
5.2 All Feedback must be factual and free of any form of insult. Particularly the following aspects are not permitted:
- a) leaving feedback for the sole purpose of artificially improving or devaluing a Partner’s overall feedback profile,
- b) leaving defamatory, insulting, subjective, untrue, offensive or derogatory feedback,
- c) leaving racist feedback or feedback that is liable to corrupt the young,
- d) leaving deceptive feedback or feedback through which any form of anti-competitive purpose is pursued,
- e) leaving feedback that infringes with any rights of third parties, especially personal rights, commercial property rights or copyrights.
5.3. Submitted feedback will permanently be saved in Active Bookings feedback system and published according to paragraph 5. Users irrevocably agree to the storage, processing and usage of their feedback on a permanent basis.
5.4. Active Bookings preserves the right to accept and delete feedback at its own discretion, especially if feedback infringes with the feedback rules (paragraph 2). The decision of whether the criteria for infringement are met is solely drawn by Active Bookings. If users infringe multiple times against the feedback rules, they can either be expelled from Active Bookings feedback system or from using Active Bookings services.
5.5. Feedback that was left by users may be published on another partner’s website, on Active Bookings or on other portals. This serves as information for (future) Users about the service and the partner.
5.7 Active Bookings further uses review (wholly or partly) for marketing, advertising, or to improve the services, in particular on Active Bookings and other portals or social media platforms, in Newsletters of Active Bookings or Partners, for offers, apps and other distribution channels. Active Bookings reserves the right to reject or remove reviews at its sole discretion.
- CONDITIONS OF USE
6.1. The services are only available for non-commercial and personal usage. The user is not permitted to sell any content or information, software, products or services, which are available on the Active Bookings website or any other website or portals operated by Active Bookings for commercial or competitive purposes. Additionally, it is not permitted to link, use, duplicate, extract, publish, upload, or reproduce any information or subpages of the above mentioned websites.
6.2. All information on the Active Bookings website is the property of Active Bookings or Active Bookings partners. The User agrees:
- a) Not to use so-called robots, spiders, scrapers or other automatic devices to access the website or portals for any purposes without an explicit written permission of Active Bookings.
- b) To take no actions, which disrupt the technical infrastructure in an unreasonable and disproportionate way (The evaluation is made at the sole discretion of Active Bookings)
- c) To implement no manual processes to monitor or copy any Active Bookings-Content of the website, portals, or partner booking tools without explicit written permission.
- d) Not to use any device, software, or program routine, that interfere or try to interfere with the functionality of the website or the tools of the portal.
6.3. Not properly cancelled reservations need to be carried out by the User, by arriving on time in the respective restaurant and by ordering foods or drinks and paying the marked price for them. The User further agree, to book no more than (1) reservation for personal usage at the same time of day (e.g. lunch, dinner, etc.). The resale or the attempted resale of reservations is prohibited and may result in cancellation of the reservation. 6.4. Any unlawful usage or usage, which offends these general terms and conditions is clearly prohibited. Active Bookings reserves the right to deny services, close accounts, remove content, and change or cancel reservations in its sole discretion if the User violates provisions of these general terms and conditions.
- LIMITATION OF LIABILITY OF ACTIVE BOOKINGS
7.1 Active Bookings is liable for intent and gross negligence in accordance with legal regulations. 7.2 Active Bookings is only liable for ordinary negligence if in delay or inability or breach of an essential contractual obligation. This liability is limited to typical foreseeable damage (typical contractual average damage). This limitation of liability does not apply to damages resulting in injury to life, body or health, in fraudulent concealment of a defect or in the case of a guaranty. This limitation of liability also applies to third parties who are included in the scope of protection of the contract.
7.3 If Active Bookings is liable for ordinary negligence according to Section 7.2, the liability is limited to damages Active Bookings could typically have expected during contract closure.
7.4 Active Bookings legal representatives, employees and other agents will not be liable beyond Active Bookings liabilities.
- INDUSTRIAL TRADEMARK AND COPYRIGHTS
All trademarks and logos used for branding the Active Bookings Network are property of Active Bookings and cannot be used by the partner without prior written consent from Active Bookings.
All intellectual property rights (including all copyright, patents, trademarks, service marks, trade names, designs) in the site, software and services, information and content on the site or accessed as part of the service, any database operated by us and all the site text, design, graphics, photos and their selection and arrangement, and all software compilations, underlying source code and software shall remain Active Bookings property. You shall not, and shall not attempt to, obtain any title to any such intellectual property rights.
- LINKS TO OTHER SITES
Where the Active Bookings Network contains links to third party sites and to resources provided by third parties (together “Other Sites”), those Other Sites are linked to provide information only and are solely for your convenience. Active Bookings does not have control over and does not accept, and does not assume responsibility for, Other Sites or for the content or products of Other Sites (including, without limitation, relating to social networking sites such as Twitter or Google +) and Active Bookings does not accept responsibility for any loss or damage that may arise from your use of them. If you decide to access any of the third party Sites linked to the Site, you do so entirely at your own risk.
- Parter’s Contract terms and cancellations
Active Bookings operates on monthly contract terms charge via secured Direct Debit Guarantee system provided by “GoCardless”. Partners has right to opt out and/or cancel their membership at any time as long as 1 month notice has been given to ActiveBookings.co.uk.
Active Bookings reserves the right to amend the terms and conditions at any time and without the approval of its Users, except the changes are with due regard to the interests of Active Bookings, not reasonable to the User. Not reasonable to the user is a change that affects the essential elements of the contract, especially the contractually owed main services. Active Bookings will inform its users timely and sufficiently about changes of the terms and conditions. Any changes to the terms and conditions will be effective immediately upon the posting of the revised terms on the Active Bookings Networks. (Depending on the nature of the change, Active Bookings may announce the change: (a) on the home page of the Active Bookings Networks, (b) by email, if the User has provided Active Bookings with a valid email address, or (c) in some other way.). The changes count as approved, in case the User does not contradict to them within two weeks after notice of the changes. In any event, by continuing to use of the Active Bookings Networks following any changes, the User will be deemed to have agreed to the announced changes. In case of a contradiction through the User, Active Bookings reserves the right to end the registration instantly, but not before the changes come into force.
12.1 If any court or competent authority finds that any provision of this agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this agreement shall not be affected.
12.2 If any invalid, unenforceable or illegal provision of this agreement would be valid, enforceable and legal if some part of it were deleted, the parties shall negotiate in good faith to amend such provision such that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the parties’ original commercial intention.
- GOVERNING LAW
13.1 This contract is subject to English law under exclusion of the UN Sales Convention (CISG). 13.2 If any term of this contract is or becomes invalid or non-binding, all other terms applicable to the contractors shall remain. In this case the contractors will replace the invalid or non-binding term with a valid and binding term with consideration of the content and purpose of the contract, and to a similar effect as the invalid or non-binding term.
13.3 The sole place of jurisdiction is London, insofar as the Partner acts at the time of contract cancellation.