This is a translation. If the Danish and English versions differ, the Danish version applies.
1. Parties and scope
These terms apply to agreements on the BackPack platform between BackPack Systems ApS, CVR 46452720, Engsøvej 21, 8240 Risskov (“BackPack”) and the travel company subscribing to the platform (the “Customer”). The terms apply to businesses only.
2. The service
BackPack supplies a travel platform with an app for travellers and an admin panel for the Customer. Scope, setup, white-label and integrations are set out in the proposal.
3. Price and payment
Prices are set out in the proposal and exclude VAT. Setup is invoiced as a one-off amount, and the subscription is invoiced in advance. Payment terms are 14 days net. Late payment carries default interest under the Danish Interest Act, and BackPack may suspend access after written notice.
4. Price adjustment
BackPack may adjust prices once a year in line with the Danish net price index. Other price changes are notified in writing at least 3 months in advance.
5. Term and termination
Unless the agreement says otherwise, the subscription runs for 12 months from go-live and then continues until terminated with 3 months’ written notice to the end of a month.
6. Breach
In the event of material breach, the other party may terminate the agreement if the matter is not remedied within 30 days of written notice.
7. Uptime, support and SLA
BackPack aims for high uptime and provides support during normal opening hours. Specific service levels only apply if agreed separately.
8. Data and data processing
The Customer is the data controller for data about its travellers, and BackPack is the data processor under the data processing agreement. On termination, data is deleted or returned under the data processing agreement.
9. Intellectual property
BackPack owns the platform and all software. The Customer owns its data, content and brand, and grants BackPack the right to use this material as needed to supply the service. The Customer may keep using white-label material made specifically for it after termination, except software.
10. Confidentiality
The parties keep confidential information about each other secret, also after termination. This does not apply to information that is public or must be disclosed by law.
11. Limitation of liability
BackPack is not liable for indirect loss, including operating loss, loss of profit and loss of data. BackPack’s total liability per calendar year is limited to the amount the Customer has paid for the subscription in the past 12 months. The limitation does not apply in the case of intent or gross negligence.
12. Force majeure
Neither party is liable for non-performance due to circumstances beyond its control, including outages at subcontractors, strikes, war, pandemics or orders from authorities.
13. Changes
BackPack may change these terms with 3 months’ written notice. If the Customer cannot accept the changes, it may terminate the agreement with effect from when they take effect.
14. Order of precedence
In the event of conflict, the documents apply in this order: the signed agreement, the proposal, these terms and the data processing agreement. For the processing of personal data, however, the data processing agreement always prevails.
15. Governing law and venue
The agreement is governed by Danish law. Disputes are settled by the District Court of Aarhus (Retten i Aarhus) as the court of first instance.