Terms of Service for Parking Providers – Altora ParkBook

Altora develops and operates, under the name “Altora ParkBook” (hereinafter “ParkBook” or “Software”), web-based parking software for operators of airport car parks, valet parking services, shuttle car parks and multi-storey car parks. ParkBook comprises in particular an online booking portal under the Provider's domain, a parking dashboard for managing bookings, prices and parking areas, and functions for mobile check-in and check-out. The Provider operates parking areas and wishes to use ParkBook to manage its parking operations and to receive direct bookings from its end customers under its own brand. For this purpose it has selected one of the ParkBook packages via the online order form on www.altora-tech.de (hereinafter “selected package”). This agreement governs the provision and use of the Software. Any existing or future partner agreement between the parties on the brokerage of parking spaces via the “Friend-Park” platform remains unaffected by this agreement; both agreements are legally independent.

(1) The subject matter of this agreement is the provision of the ParkBook software in the selected package for use via the internet (software as a service), limited to the term of the agreement, together with the related setup and technical support by Altora. (2) The Software is operated on servers of Altora or of hosting service providers commissioned by Altora. The source code is not provided and no installation takes place at the Provider. ParkBook is a web app and is used via a current internet browser on PC, tablet and smartphone. (3) The exact scope of functions and the prices of the selected package are set out in Annex 1. Services beyond the selected package are not owed unless agreed separately. (4) Annex 1 (service description and prices), Annex 2 (data processing agreement) and Annex 3 (privacy policy for the booking portal) form part of this agreement. In the event of contradictions, the main agreement takes precedence over the annexes unless expressly stated otherwise.

(1) Altora provides the Provider with the functions included in the selected package, which are listed in Annex 1. (2) Functions not included in the selected package according to Annex 1 can be added by switching to a higher package in accordance with § 6 (6). (3) The basic setup (setting up the Provider account, connecting the domain, creating parking areas and price models according to the Provider's specifications) is included in the setup fee according to Annex 1. The basic setup is usually completed within a few days after all required information has been received from the Provider. (4) The import of existing bookings from other portals (e.g. Parkos, ich-parke-billiger and others) is set up at the Provider's request at the import price according to Annex 1. An import requires that a suitable interface or a permissible data export of the respective portal is available. (5) Altora is entitled to further develop, update and adapt the Software, provided that the core functions agreed in the selected package are not significantly restricted.

(1) Altora does not owe any particular availability of the Software. The Provider acknowledges that technical faults, outages and software errors (bugs) can occur in software; this is part of the normal operation of software and does not in itself constitute a breach of duty by Altora. (2) If technical faults or software errors occur, Altora fixes them as quickly as possible. Fixing the error is the only service Altora owes in the event of a fault. The Provider shows understanding for this and supports Altora with as precise a description of the error as possible. (3) Altora provides support by email to info@altora-tech.de on working days (Monday to Friday, excluding public holidays in North Rhine-Westphalia) during normal business hours. Faults that significantly impair booking or check-in operations are handled with priority. (4) Altora endeavours to make regular data backups. The Provider is responsible for regularly backing up data that is important to it (in particular booking lists and handover reports) itself via the Software's export functions.

(1) For importing bookings from other portals or connecting other external web services (hereinafter “external services”), the Provider supplies Altora with all required access data, in particular import links, API keys, user names, passwords and interface descriptions. The Provider is responsible for being entitled to use these accesses and to pass the data on to Altora. (2) External services are operated by third parties and are outside Altora's sphere of influence. Altora assumes no responsibility and no liability for their availability, functionality, data quality and changes, for connection problems, expired, blocked or incorrect keys and access data, or for bookings that are therefore not imported, imported late, twice or incorrectly. (3) If import links, API keys, access data or the interface of an external service change, the Provider informs Altora without delay and provides the new data. Until the new data is received, the import may not work or may work only to a limited extent; Altora is not responsible for this. (4) Altora adapts to normal changes of an external service (in particular new keys, new access data or changed links with an unchanged interface) free of charge. (5) Major changes of an external service that require a new connection (in particular a new or fundamentally changed interface, a new data format or a change of the external service provider) are charged like a new setup at the import price of the selected package according to Annex 1. Altora informs the Provider of the costs in advance; the adaptation is only carried out after the Provider's consent in text form.

(1) For the term of this agreement, Altora grants the Provider the non-exclusive, non-transferable and non-sublicensable right to use the Software within the scope of this agreement for its own business purposes. The Provider may set up user accounts for its employees. (2) All rights to the Software, in particular copyrights and trademark rights, remain with Altora. The Provider is not entitled to copy, modify, reverse engineer or make the Software available to third parties, unless this is mandatorily permitted by law. (3) The content and data entered by the Provider (in particular parking areas, prices, texts, images, booking and customer data) remain with the Provider. The Provider grants Altora the rights to this content required to perform the agreement.

(1) For the use of the Software, the Provider pays the monthly fee of the selected package according to Annex 1. All prices are net, plus statutory VAT. The number of bookings is unlimited; no commission per booking is charged. (2) For the basic setup, the one-time setup fee stated in Annex 1 for the selected package is charged, if provided for. (3) For the import of existing bookings from other portals, the import price per setup stated in Annex 1 for the selected package is charged – only if the Provider orders it. (4) The obligation to pay the monthly fee begins upon conclusion of the agreement. The setup fee is charged with the first invoice. Partial months are charged pro rata. (5) The monthly fee is invoiced monthly in advance and is payable without deduction within 14 days of receipt of the invoice. One-time fees are invoiced after the respective service has been provided. Invoices are sent electronically to the Provider's email address. Payments are made by bank transfer to the account of Altora Technologies UG (haftungsbeschränkt), IBAN DE29 3007 0207 0089 7694 00, BIC DEUTDEDDP06, stating the invoice number. (6) Package change: The Provider may switch to a higher package at any time in text form (in accordance with the current service description and price list on Altora's website). The change takes effect when the higher package is activated; the fee is charged pro rata from that date. (7) Referral discount: The Provider's contract number is also its referral code. If a parking provider recommended by the Provider successfully concludes a ParkBook agreement with Altora stating this code, the Provider receives a one-time 50 % discount on its next invoice for the monthly fee. This requires that the recommended parking provider was not already a customer of Altora. (8) If the Provider is more than 30 days in arrears with a payment, Altora is entitled, after prior notice in text form with a period of at least 14 days, to block access to the Software until full payment. Bookings of end customers already confirmed remain available to the Provider as a data export on request. Statutory rights in the event of default remain unaffected. (9) Altora may adjust the fees with at least six weeks' notice in text form. If the Provider does not agree to the adjustment, it may terminate the agreement extraordinarily with effect from the date the adjustment takes effect. Altora informs the Provider of this right in the notice.

(1) The Provider supplies Altora completely and in good time with all information required for the setup (in particular parking areas, prices, additional services, operating hours, company data, logo and legal texts). (2) The Provider owns the domain it uses or is entitled to use it and bears the costs of registering and managing the domain. It makes the DNS settings required for the connection according to Altora's specifications or has them made. (3) The Provider is responsible for the content of its booking portal, in particular for the accuracy of its prices and offers, for a proper legal notice, a privacy policy, general terms and conditions and cancellation terms towards its end customers, and for compliance with pricing regulations. (4) The Provider is the sole contractual partner of its end customers for the parking, shuttle, valet and other services. Altora does not become a party to the contracts concluded via the booking portal and assumes no responsibility for their performance, in particular not for the safekeeping of vehicles or for damage to vehicles. (5) The Provider keeps access data secret, grants user rights only to authorised persons and informs Altora without delay if it suspects misuse of its access. (6) The Provider uses the Software only in accordance with applicable law and ensures that no unlawful content is published via the booking portal. (7) The Provider is itself responsible for its bookings. It regularly checks incoming bookings, prices, occupancy and capacities in the dashboard. Altora assumes no responsibility for booking problems, in particular not for double bookings or overbookings, incorrectly calculated or stored prices, undelivered emails or messages, missing or lost bookings, or disputes with end customers.

(1) Insofar as Altora processes personal data on behalf of the Provider within the scope of this agreement (in particular data of end customers, vehicle data, vehicle photos, signatures and data of the Provider's employees), the Provider is the controller and Altora the processor within the meaning of Art. 28 GDPR. The details are governed by the data processing agreement in Annex 2. (2) The Software offers automatic deletion periods for vehicle photos with a warning in the dashboard. Determining appropriate deletion periods is the responsibility of the Provider as controller. (3) The Provider can retrieve its data during the term of the agreement via the Software's export functions (e.g. handover reports as PDF, photos individually or as ZIP). After the end of the agreement, Altora provides the Provider, on request made in text form within 30 days after the end of the agreement, with an export of its booking data in a common format. The Provider's data is then deleted unless statutory retention obligations prevent this.

(1) Altora provides the Software with the functions described in § 2 and Annex 1. Altora does not warrant any particular freedom from errors or uninterrupted operation. (2) The Provider reports errors without delay in text form with as precise a description as possible. Altora fixes reported errors as quickly as possible; Altora may also provide a workaround for this purpose. (3) Further claims of the Provider due to errors of the Software, in particular for a reduction of the fee or damages, are excluded to the extent permitted by law. Altora's strict liability for errors already existing at the time of contract formation (§ 536a (1) alt. 1 German Civil Code) is excluded. The Provider's right to terminate the agreement under § 11 remains unaffected.

(1) Altora assumes no liability and pays no damages for losses arising in connection with the use of the Software. This applies in particular to technical faults, outages and software errors, booking problems (§ 7 (7)), connection and key problems with external services (§ 4), lost bookings, revenue or profits, data loss, the performance of the Provider's services towards its end customers and damage to end customers' vehicles. In the event of technical errors, Altora's obligation is limited to fixing the error in accordance with § 3 (2) and § 9 (2). (2) The exclusion of liability under para. 1 does not apply where liability is mandatory by law, in particular in the event of intent and gross negligence, for damage resulting from injury to life, body or health, and under the Product Liability Act. (3) Should an exclusion of liability under para. 1 not be permitted by law in an individual case, Altora's liability – except in the cases of para. 2 – is limited to the typical, foreseeable damage and in amount to the fees paid by the Provider in the three months preceding the damaging event. (4) The Provider indemnifies Altora against third-party claims based on unlawful use of the Software by the Provider, on content entered by the Provider or on the performance of the Provider's services towards its end customers, insofar as the Provider is responsible for this.

(1) The agreement is concluded upon completion of the online order and the Provider's digital signature; no countersignature by Altora is required. The agreement runs for an indefinite period. (2) Either party may terminate the agreement with 30 days' notice to the end of a month in text form (e.g. by email to info@altora-tech.de). There is no minimum term. (3) The right to extraordinary termination for good cause remains unaffected. Good cause for Altora exists in particular if the Provider is in arrears with at least two monthly fees or uses the Software unlawfully despite a warning. (4) Fees already paid for one-time services are not refunded at the end of the agreement. Monthly fees paid in advance for periods after the end of the agreement are refunded pro rata.

(1) The parties treat all confidential information of the other party obtained within the scope of this agreement, in particular business, price and customer data, access data and technical information about the Software, as confidential and use it only to perform this agreement. (2) The obligation does not apply to information that is publicly known or becomes known without breach of this agreement, or to disclosures based on statutory or official obligations. It applies during the term of the agreement and for three years after its end. (3) Altora may name the Provider as a reference customer after prior consent in text form.

(1) Amendments and additions to this agreement require text form; this also applies to any amendment of this text form requirement itself. (2) General terms and conditions of the Provider do not apply, even if Altora does not expressly object to them. (3) The Provider may only transfer rights and obligations under this agreement to third parties with Altora's consent. (4) The Provider may only set off undisputed or legally established claims. (5) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. (6) If the Provider is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is – to the extent permitted by law – Altora's registered office. (7) Should a provision of this agreement be or become invalid, the validity of the remaining provisions remains unaffected. The statutory provisions take the place of the invalid provision.

Altora Technologies UG (haftungsbeschränkt), Jägerhofstr. 50, 40880 Ratingen, email: info@altora-tech.de – hereinafter “Altora” – and the parking provider named in the order form (company, address, and email address as per the order) – hereinafter “Provider” – enter into this Agreement in addition to the contract terms existing between the parties for the use of the AltoraParkbook platform.

(1) Altora provides the Provider with the technical AltoraParkbook booking platform. (2) The platform enables the Provider in particular to digitally present its parking offers and to receive and manage bookings from its customers. (3) Personal data may be processed in the course of operating the platform. (4) This Agreement governs the processing of personal data by Altora on behalf of the Provider, insofar as Altora acts as a processor in this respect. (5) Insofar as Altora processes personal data for its own purposes and itself determines the purposes and means for this, such processing does not constitute processing on behalf of a controller. The applicable statutory provisions and Altora's privacy notices apply to such processing.

(1) For personal data that the Provider processes to perform its own parking, valet, shuttle, or other services, the Provider generally remains the controller for the purposes it determines. (2) Altora processes this data within the technical platform as a processor to the extent that Altora processes the data exclusively on the Provider's instructions. (3) Altora is itself the controller for those processing operations for which Altora determines its own purposes and means of processing. (4) The parties will structure their actual processing operations in accordance with statutory requirements. A different data-protection classification is not intended to arise solely from this Agreement.

(1) The subject matter of the processing is the technical provision and operation of the AltoraParkbook booking platform. (2) Processing begins with the technical provision of the platform and generally ends upon termination of the corresponding use by the Provider. (3) Statutory retention obligations remain unaffected.

As part of the processing, Altora may in particular carry out the following processing operations: collection; storage; organization; retrieval; modification; transmission; provision; and deletion of personal data, insofar as this is necessary for the operation of the platform and the fulfillment of the contractually agreed functions. The processing serves in particular: booking processing; management of bookings; customer communication; provision of booking confirmations; handling of changes and cancellations; management of availability; the technical provision of the Provider's website; customer management; and the security and stability of the platform.

Depending on the use of the platform, the following data in particular may be processed: name; email address; phone number; address; booking data; travel and stay information; vehicle data; license plate; payment and payment-status data; communication data; review data; technical data; IP address; and login and authentication data. Special categories of personal data under Art. 9 GDPR are generally not intended to be processed via the platform, unless this is expressly agreed and legally permissible.

Data subjects may in particular include: customers of the Provider; prospective customers; the Provider's contact persons; employees of the Provider; users of the booking platform; and persons who submit reviews.

(1) Insofar as Altora acts as a processor, Altora generally processes personal data only on the Provider's documented instructions. (2) This Agreement and the agreed functions of the AltoraParkbook platform constitute a general documented instruction. (3) Statutory processing obligations remain unaffected. In such a case, Altora will inform the Provider insofar as this is legally permissible.

(1) Independently of the processing on behalf of the Provider, Altora may process data for its own purposes, provided an appropriate legal basis exists. (2) This may include in particular: ensuring the security of the platform; detecting and preventing misuse; technical error analysis; statistical evaluation; further development of the AltoraParkbook platform; improving user friendliness; improving and further developing Altora's own products; developing new features; and creating aggregated or anonymized statistics. (3) Where personal data is not required for a purpose, Altora will preferably use anonymized or aggregated data. (4) Processing for Altora's own purposes may not be generally described as processing on behalf of a controller.

(1) The Provider permits Altora to store and use the business information provided by the Provider in the course of the contractual use of the platform. (2) This includes in particular: company name; Provider profile; parking facility information; prices; availability; images; service descriptions; opening hours; reviews and comparable information. (3) Altora may also use and present this information on its own platforms and within its own services, in particular in other digital offerings operated by Altora. (4) The presentation continues to be attributed to the original Provider.

(1) Reviews arising from actual bookings made via the AltoraParkbook platform are attributed to the respective reviewed Provider. (2) Altora may display such reviews on its own platforms, provided the attribution to the original Provider is retained. (3) A public display should not contain unnecessary personal data of the reviewing customer. (4) This provision generally continues to apply even after termination of use of the platform, insofar as further display remains legally permissible.

Altora takes appropriate technical and organizational measures to protect the personal data processed. These may include in particular: access controls; authentication; authorization concepts; encryption, where appropriate; logging; backups; protection against unauthorized access; measures to ensure availability; measures for recovery; and regular technical updates. The specific measures may be adapted in line with the state of the art and the level of risk.

(1) Altora may engage suitable sub-processors for the technical provision of the platform. (2) These may include in particular: hosting providers; cloud providers; database providers; email service providers; SMS service providers; payment service providers; security service providers; analytics providers; consent-management providers; API providers; and other technical infrastructure and software providers. (3) Insofar as a service provider processes personal data on behalf of Altora, it is engaged in accordance with the requirements of the GDPR. (4) Altora ensures that the data-protection requirements applicable to the processing on behalf of the Provider are also observed by any sub-processors engaged.

(1) Altora does not sell personal data of the Provider or its customers. (2) Personal data is not disclosed to third parties for the purpose of making the Provider's own customer data available to such third parties for their independent marketing purposes. (3) A transfer may nevertheless take place insofar as it: is necessary for technical operation; is carried out by an engaged processor; is necessary for a function expressly used by the Provider or a customer; is required by law; is necessary to fulfill a legal obligation; is necessary to assert legal rights; or is based on valid consent.

Insofar as personal data is transferred to, or processed by, a recipient outside the European Economic Area, Altora ensures that the necessary data-protection requirements are met. These may include in particular an adequacy decision, appropriate safeguards such as standard contractual clauses, or another legally permissible basis.

Altora supports the Provider, within the scope of legal and technical possibilities, in fulfilling requests from data subjects, insofar as these relate to the processing on behalf of the Provider. The Provider remains responsible for handling data subject rights within its own area of responsibility, unless otherwise provided by law.

Altora will inform the Provider without undue delay if Altora becomes aware of a breach of the protection of personal data that Altora processes on the Provider's behalf. Altora supports the Provider to the necessary extent in investigating and handling the incident.

After termination of the processing on behalf of the Provider, Altora will delete or return personal data at the Provider's choice, insofar as there is no statutory obligation to retain it further. Statutory retention obligations remain unaffected.

Altora will provide the Provider with the information necessary to demonstrate compliance with data-protection requirements, insofar as this is legally required and reasonable having regard to Altora's legitimate interests.

Termination of the platform contract generally also terminates the processing on the Provider's behalf, insofar as no statutory or contractually continuing obligations preclude this.

Should individual provisions of this Agreement be incompatible with mandatory statutory requirements, the statutory requirements shall prevail.

This Agreement forms part of the contract existing between Altora and the Provider for the use of the AltoraParkbook platform. Should individual provisions of this Agreement be or become invalid, the validity of the remaining provisions remains unaffected. Altora Technologies UG (haftungsbeschränkt), Jägerhofstr. 50, 40880 Ratingen, info@altora-tech.de. Provider: company name, address, and authorized representative as stated in the order.

The controller for the processing of personal data in connection with the respective booking offer is, in principle, the operator of the respective parking offer (company, address, email address, and phone number as stated in the order form). The technical booking platform AltoraParkbook is provided and operated by Altora Technologies UG (haftungsbeschränkt), Jägerhofstr. 50, 40880 Ratingen, email: info@altora-tech.de. Depending on the specific processing, the parking provider and Altora may have different data-protection roles. The respective roles depend on the purposes and means of processing actually determined.

AltoraParkbook is a digital booking platform made available to parking providers. The platform may be operated under the domain, subdomain, or branding of the respective parking provider. The technical platform is provided by Altora Technologies UG. The contract for the parking, valet, shuttle, or other service offered by the parking provider generally exists between the customer and the respective parking provider.

Depending on the offer and booking, the following data in particular may be processed: first and last name; email address; phone number; booking period; arrival and departure information; vehicle data; license plate; booked services; cancellation and change information; payment or payment-status information; communication data; reviews; technical usage data. Only data required for the respective purpose is processed.

Booking data is processed in particular for: carrying out the booking; sending the booking confirmation; communication about the booking; handling changes and cancellations; customer support; performing the services offered by the parking provider; payment processing, where offered; handling complaints and damage reports; and fulfilling statutory obligations. The legal basis is in particular Art. 6(1)(b) GDPR, insofar as the processing is necessary for the performance of a contract or pre-contractual measures. Insofar as statutory retention obligations exist, processing additionally takes place on the basis of Art. 6(1)(c) GDPR.

Altora Technologies provides the technical infrastructure for the booking system. Insofar as Altora processes personal data exclusively on behalf of the respective parking provider, this is done on the basis of a corresponding data processing agreement under Art. 28 GDPR. The details of the data processing are agreed separately between Altora and the respective parking provider.

Altora Technologies may, insofar as an appropriate data-protection legal basis exists, also process data for its own purposes. This may include in particular: operating and securing the technical platform; error analysis; detection of misuse and fraud; technical further development; improving the booking functions; improving user friendliness; statistical evaluation; developing and improving Altora's own products and services; and quality assurance. Anonymized or aggregated data is used for this wherever possible. Personal data is processed for Altora's own purposes only where an appropriate legal basis exists.

Information about the respective parking provider may be used within Altora products and services. This may include, for example: the Provider's name; description; prices; images; availability; service information; reviews. Altora may present such Provider information in particular within its own platforms, provided an appropriate legal basis exists.

After a booking, the customer may leave a review of the parking provider. Reviews are attributed to the respective provider. A review may be displayed within other platforms operated by Altora, provided it remains clearly attributed to the originally reviewed provider. In a public display, no unnecessary personal data of the customer is generally published.

The email address provided in connection with a booking may be used for necessary transaction-related communication. This includes, for example: booking confirmation; changes; cancellations; important information about arrival; information about returning the vehicle; and security-related or technically necessary notices. This communication does not depend on marketing consent, insofar as it is necessary for carrying out the booking.

Altora may advertise its own offers, parking comparisons, booking offers, and comparable own services by email, where an appropriate legal basis exists. Insofar as consent is required, it is obtained voluntarily and separately from the actual booking. Consent may be withdrawn at any time with effect for the future. Every such marketing email contains a simple option to unsubscribe.

The booking portal may use cookies and comparable technologies. A distinction is made between technically necessary technologies and optional technologies. Technically necessary technologies may in particular be used for: session management; the shopping cart or booking process; security functions; storage of technical settings; load balancing; and protection against misuse. Optional analytics, marketing, or comparable technologies are used only where the required consent or another legal basis exists.

Insofar as analytics or statistics services are used on the respective portal, these are stated in the currently applicable privacy notices or in the consent-management tool. This may, for example, include services from Google or other technical providers. Which services are actually used depends on the respective configuration of the parking provider or the AltoraParkbook portal.

External service providers may be engaged for technical provision. These may include in particular: hosting providers; cloud providers; database providers; email service providers; SMS service providers; payment service providers; security providers; analytics providers; cookie and consent-management providers; and providers of external APIs. Personal data is transferred to such service providers only insofar as necessary for the respective service and legally permissible. Where a service provider processes personal data on behalf of a controller, it is engaged in accordance with statutory requirements.

Personal data is not sold or rented for the purpose of making the Provider's own customer data available to third parties. A transfer may nevertheless be necessary where: a technical service provider is required for the operation of the platform; a payment service provider processes a payment; a legal obligation exists; an authority or court is entitled thereto; or another transfer is legally permissible or required.

Personal data is generally stored only for as long as necessary for the respective purpose. In addition, data may be stored insofar as statutory retention obligations exist or the data is needed to assert, exercise, or defend legal claims.

Data subjects have, subject to the statutory requirements, in particular the right to: access; rectification; erasure; restriction of processing; data portability; objection; and withdrawal of consent given, with effect for the future.

Data subjects have the right to lodge a complaint with a data-protection supervisory authority.

For data-protection queries, the respective controller may be contacted using the contact details stated in Section 1. For technical questions about the AltoraParkbook platform, Altora Technologies UG may additionally be contacted at info@altora-tech.de.

This privacy policy may be adjusted if the technical platform, the services used, statutory requirements, or the processing operations change.