Terms and Conditions
1. General
1.1 Scope
These Terms and Conditions apply to all business relationships between Gedeckt, Mr. Michael Herceg, Grieskirchner Str. 7, 4600 Wels, Austria (hereinafter 'Gedeckt' or 'we') and our customers (hereinafter 'User' or 'Restaurant').
The platform is exclusively directed at businesses (B2B). Use by consumers is excluded.
1.2 Contract Language
The contract language is German.
1.3 Registration
Registration is required to use the platform. The user is obliged to provide complete and accurate information during registration and to keep login credentials confidential.
Gedeckt assumes no liability for damages resulting from unauthorized access due to careless handling of login credentials.
1.4 Contract Conclusion
The display of subscription offers on the website is non-binding. A contract is only concluded upon our express acceptance.
1.5 Storage of Contract Text
The contract text is stored by us and made available to the user in text form.
1.6 Changes to Terms
We are entitled to change these Terms and Conditions for existing contractual relationships. We will inform the user of changes at least six weeks before they take effect.
2. Service Description
2.1 Scope of Services
Gedeckt provides a SaaS platform that allows restaurants to manage their table reservations. The exact scope of features can be found in the respective service description.
2.2 Service Delivery
We are entitled to provide services in whole or in part through third parties.
2.3 Delay / Force Majeure
In the event of force majeure or other unforeseeable events beyond our control, service delivery will be postponed for the duration of the impediment.
3. User Obligations
3.1 Content and Third-Party Rights
The user is responsible for the content they upload and warrants that no third-party rights are violated.
The user indemnifies Gedeckt against all third-party claims arising from legal violations through uploaded content.
3.2 Data Protection
Personal data of guests is transmitted to the user for the purpose of reservation processing. The user is solely responsible under the GDPR and is obliged to comply with statutory data protection regulations.
4. Prices and Payment
4.1 Prices
The prices listed on the website apply. As a small business under § 6 (1) Z 27 UStG, we are exempt from VAT.
4.2 Payment Default
In case of payment default, we are entitled to charge default interest and reminder fees in accordance with statutory provisions.
5. Warranty and Availability
5.1 SaaS Service
We do not guarantee uninterrupted availability of the platform. Maintenance, updates, and technical changes may occur at any time.
5.2 No Success Guarantee
We do not guarantee a specific number of reservations or economic success.
6. Liability
6.1 Principle
We are only liable without limitation for damages from intent or gross negligence and for injury to life, body, or health.
6.2 Limitation
In case of slight negligence, we are only liable for breach of essential contractual obligations and only for foreseeable damage.
Liability for indirect damages, consequential damages, lost profits, or data loss is excluded.
6.3 Maximum Amount
Our liability is limited in amount to the fees paid by the user in the last contract year.
7. Term and Termination
The contract term depends on the selected plan.
The right to extraordinary termination for good cause remains unaffected.
8. Final Provisions
8.1 Jurisdiction
The place of jurisdiction for all disputes is, to the extent legally permissible, the registered office of Gedeckt in Wels, Austria.
8.2 Applicable Law
Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
8.3 Severability Clause
Should any provision of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.
8.4 Consumer Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS): http://ec.europa.eu/consumers/odr/.
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.