(EN Version 1.0, Last updated: 25.05.2020)
The KRAVAG Truck Parking Applications (hereinafter in short “KTP”) are operated by R+V Allgemeine Versicherung AG, Raiffeisenplatz 1, 65189 Wiesbaden, Telephone: 0611 533-0, email: email@example.com, Commercial Register No. HRB 2188, District Court of Wiesbaden, hereinafter in short “R+V”.
KTP consists of a mobile app (hereinafter in short “App”) and a web application.
The core function of the App and the web application is the mediation of reservable parking spaces via the KRAVAG Truck Parking platform. The prerequisite for this is the additional conclusion of a service and provision contract with the participating forwarding agency.
Independently of this, users will receive via KTP additional services and/or information about these services from the areas of logistics, commercial vehicles and personal services related to the profession of the long-distance truck driver.
1 Usage contract and technical requirements
The prerequisite for the use of the App is the use of a suitable end device. This must be a smartphone or other suitable end device with an iOS operating system (from Version 9.0) or Android operating system (from Version 4.3) which permits the installation and use of an app. The prerequisite for accessing and using the web application is a device with a current Internet browser. For trouble-free use of KTP, the user is recommended to keep the software on his end device up-to- date at all times, to regularly install updates to the operating system and any protection programs that may be installed and to protect the end device from unauthorised access.
The user can use the App and web application after concluding the usage contract according to the user concept described in section 2. For the use of individual services, the opening of a user account is also required. The use of KTP services (see section 2.2 Service specification) then requires the conclusion of a separate service and provision contract with the participating forwarding agency.
The user has no entitlement to the conclusion of a usage contract or the opening of a user account. Each user may only have one user account.
R+V accepts the user’s offer to conclude a usage contract by making the functions of KTP available and by setting up the user account. No separate acceptance declaration on the part of R+V is required.
By concluding the usage contract, R+V grants the user a simple, non-transferable and non- sublicensable right to use the App and the web application in their respective current version in accordance with the user concept described in Section 2.
2 Service specification
Below are some of the functions that can be used via KTP, whereby the functions made available in each case depend on the status of the user.
2.1 General Services
2.1.1 Non-registered users
Users without a user account only obtain a limited range of the functions of the KTP applications, in particular only limited information about the parking spaces stored in KTP. With this user status there are no options to receive detailed information about the parking spaces specified in the App and web application or to reserve parking spaces.
2.1.2 Registered users
Users with a user account who have not been registered as KTP users by a participating forwarding agency can, in addition to the functions mentioned in section 2.1.1, use the App to find selected public service areas, service stations or toilet facilities and receive further information about these. Through the App the user can gain access to toilet facilities provided these are equipped with the KTP access technology.
2.2 KTP Services
2.2.1 KTP Users
In Particular, KTP users can use the App to find reservable truck parking spaces and reserve and cancel them according to their own requirements. Through the integrated App functions (particularly in connection with the locking technology installed on site) KTP users also gain access to the reserved parking spaces. They can in addition access all the General Services described in section 2.1.
For the dispatchers named by the participating forwarding agency, R+V sets up special user accounts for the web application, known as dispatcher accounts. In the web application, dispatchers have the option, among other things, to invite drivers of their own forwarding agency to become KTP users, to make and manage parking space bookings for in-house drivers and to manage parking space rentals.
2.2.3 Parking operators
R+V also sets up person-specific parking operator accounts for each participating forwarding agency. This enables the designated parking operators in particular to manage in the web application the forwarding agency’s own parking spaces available for rent. This includes the administration of basic information on their own parking spaces as well as the administration of parking space rentals. As a parking operator, the web application also allows users to invite drivers from their own forwarding agency to become KTP users and to make and manage parking space bookings for in-house drivers.
3 Opening a user account
All users are obliged to keep the contact data provided in connection with registration up to date. To change the data, it is recommended that users use the functions available in the App and web application.
3.1 User account for General Services
Registration of the user account is carried out in the App. To register, a mobile phone number, the user’s first name and surname and a password that meets the defined security criteria are required.
Optionally, an email address can be provided. To complete the registration process, the user receives an SMS to the mobile phone number provided, which he must confirm by clicking on a link (double opt-in).
3.2 KTP Users
The opening of a user account for KTP users invited by the participating forwarding agency takes place according to the registration process described in section 3.1.
3.3 Dispatcher and parking operator accounts
The details required for the registration of a dispatcher and parking operator account are the first name and surname of the user named by the participating forwarding agency and an email address, optionally also a mobile phone number. The participating forwarding agency provides this information in the context of concluding the separate service and provision contract. The accounts are then created by R+V and an invitation to register an account is sent centrally by R+V to the specified email address. With the invitation, the designated parking operators or dispatchers receive a link to complete the registration and save a password that meets the defined security criteria.
4 Provision of the service and costs
Use of the App and web application is free of charge. The user pays only the connection costs (e.g. for using the Internet). Individual KTP services, in particular the reservation of truck parking spaces, are additional services subject to a fee. The resulting costs are presented transparently during the booking process in accordance with legal regulations.
Use of services provided by third parties, whose service points can be found possibly via the maps stored in the KTP applications, is made exclusively on the basis of a separate contract concluded between the user and the third party. KTP is responsible neither for the offer nor for the billing of fees resulting from the services of these third parties.
R+V makes every effort to keep the App and web application available. However, R+V does not assume any performance obligations going beyond this. The user has, in particular, no claim to the continuous availability of the service. R+V expressly reserves the right to temporarily restrict the service, for example due to maintenance work and further development.
R+V reserves the right to extend, change or even restrict the services described. R+V will, as far as possible, inform the registered user appropriately in advance about upcoming changes. For short- term rental contracts already concluded via the App or web application, a unilateral change is not permitted.
Despite the self-evident use of security software, R+V does not assume any warranty or guarantee for freedom from viruses. No claim can be made against R+V for the installation of security precautions, in particular by so-called virus scanners.
R+V reserves the right to engage one or more subcontractors for the provision of services under this usage contract, in particular for services connected with the operation of the App and web application and for the execution of services provided via the App and web application.
5 General information about the App services
R+V will continuously update, extend or modify the App and the web application to respond to changing user interests, to fix technical errors and to introduce new features. R+V recommends that
the user in his own interest keeps the App and all other components (e.g. operating system) on his device up to date at all times (especially in order to be up to date with the latest security).
The functionalities of the App may not be available to the user if the user installs the App on a device, the operating system of which has been modified contrary to the terms and conditions of the device manufacturer and/or where restrictions on the use of functions that the device manufacturer has blocked as standard have been circumvented without authorisation (“modified device”). If a modified device is used, it may not be possible to install the App, or the App may fail or malfunction.
Either party may terminate this contract at any time by declaration in written form, R+V, however, only by giving 14 days‘ notice. The right to immediate termination with good cause is reserved. To terminate the Contract, the user can use the functions provided in the App. R+V is entitled to deactivate the App or block access for the user after termination of the usage contract.
7 Database of the services offered via KTP
R+V expressly points out that the representations in the KTP applications regarding parking and rest areas or other third-party service points within the respective regions are not complete.
R+V also points out that the information on available parking spaces obtained via the KTP applications is based on the information provided by the corresponding providers/operators and is not continuously checked by R+V. R+V assumes no responsibility for this information. All rights and obligations arising from a contract for the reservation of parking spaces relate exclusively to the respective user and the corresponding provider of the parking space in question.
8 External links
R+V points out that the App and web application may contain links to third party websites (“external links”). These websites are subject to the liability of their respective operators. When the external links were first established, R+V checked the external content for possible legal violations. At that time, no legal violations were apparent. R+V has no influence on the current and future design and content of the linked pages. The inclusion of external links does not mean that R+V adopts the content behind the reference or third-party link as its own. Continuous monitoring of the external links is not reasonable and not possible for R+V without concrete evidence of legal violations. However, if R+V receives information about an existing rights infringement, such external links will be deleted immediately.
9 Use of the services
The use of KTP is only permitted within the scope of its intended function. The user is not permitted to use any other software or other technical devices that could jeopardise the functioning of KTP. Access to KTP is only permitted via the App or web application provided by R+V.
The user may use the App or web application solely to access the services for his own purposes. R+V reserves all rights to the KTP applications.
The user agrees to indemnify and hold R+V harmless of all third-party liability claims and to pay all damages and costs incurred by R+V as a result of a breach of the contractual obligations under this section 9, unless the user is not responsible for the breach of contract.
The user hereby gives his assurance that all content and information he posts will comply with the relevant legal regulations and moral standards. The posting of content which a) is discriminatory, racist, glorifies violence, or denigrates people or
b) incites or encourages the perpetration of criminal offences
c) contains pornographic content or violates the protection of minors or
d) violates the personal rights of third parties
R+V reserves the right to reject or delete user entries without giving reasons.
10 Data security and data protection
10.1 Data transfer
R+V performs the services in accordance with the currently valid data protection regulations. If the user provides personal information during the registration process, this information will only be processed for the purpose of providing the service. An exception to this rule–i.e. a transfer of personal information by KTP to third parties–only applies if
a) the user has consented to the transfer of this data, or
b) R+V is obliged to do so in accordance with legal requirements.
In the case of point (a), the transfer will be made to the IT service provider responsible for the reservation system and to the relevant parking operator for whom the specific reservation is to be made.
10.2 Access data
The user is obliged to keep his personalised access data (combination of email address and/or mobile phone number and password) secret and to protect it from access by other persons and to keep it inaccessible to third parties.
In order to protect the personalised access data, the user is in particular obliged to comply with the following measures:
– the password may not–without appropriate encryption–be stored or transmitted electronically (e.g. by email or SMS)
– when entering the password, it must be ensured that third parties cannot see it
– the password must consist of at least 8 characters and a minimum of one capital letter
and one special character
If there is a suspicion that personalised access data or parts thereof have become known to third parties or have already been misused, the user is obliged to inform R+V about this immediately and, if possible, change the password.
The user is aware that if his device on which the App is installed or the web application is used is lost or stolen, anyone in possession of the device may gain access to the App or web application. R+V recommends in this case that the user contacts R+V immediately.
In case of knowledge or justified suspicion of misuse of personalised access data as well as other security-relevant processes, R+V is entitled to take the necessary measures and in particular to temporarily block or permanently close the access of the affected user to the App or web application.
Should the user lose or forget his password, he can request a new password. When a new password is requested, the old password is automatically blocked.
10.3 Data Protection Statement
For more information on the use of the data collected and processed when using the App or web application, please refer to the Data Protection Statement.
The assertion of claims for damages against R+V is excluded, unless otherwise specified below. The above exclusion of liability also applies in favour of the legal representatives and vicarious agents of R+V insofar as the user asserts claims against them.
Excluded from the above exclusion of liability are claims for damages due to culpable injury to life, body and health. Also excluded from the exclusion of liability is liability for damages resulting from an intentional or grossly negligent breach of duty by R+V, its legal representatives or vicarious agents. Apart from that, R+V is only liable for culpable violation of essential contractual obligations, whereby the liability is limited to the replacement of the foreseeable damage for a contract of this type. An essential contractual obligation is one, the fulfilment of which makes the proper execution of the contract possible in the first place and the violation of which endangers the achievement of the purpose of the contract and upon compliance with which the user may regularly rely.
The following provisions apply to an exchange of R+V as the contractual partner in the usage contract vis-à-vis a third party: R+V will notify the user of the change of contracting party in text form no later than two months before the date on which it takes effect. In the context of a change of contractual partners, the user has an extraordinary right to terminate the usage contract without notice; this must be exercised by the time the change of contractual partner becomes effective. The termination is required in text form. R+V will inform the user of this right of termination separately with the change offer.
13 Final provisions
Any declarations made in connection with this usage contract must be made in written form.
The law of the Federal Republic of Germany applies to all disputes that arise in connection with the use of KTP applications and the services offered via them, including contractual rights and obligations, the effectiveness of the contract and tort claims. Excluded from this choice of law are the mandatory consumer protection provisions of the country in which the user has his habitual residence.