September 2018
When you set up a user profile as a motor vehicle owner on Autobooking.com, you will be asked to accept these user
terms and conditions which we recommend that you read and save/print.
N.B.! The agreement between you as a customer and a Workstation in connection with collecting quotes, is not final
before the acceptance of your quote (booking) has been received and confirmed by Autobooking or the Workstation.
Autobooking is not a contracting party, but serves only as the provider of the contact between you as a customer and a
Workstation.
We hold no responsibility in connection with Autobooking’s/the Workstations’ production and sending of quotes, including
print- and typing errors as well as calculating errors. Autobooking or the Workstation will inform the customer as quickly as
possible in case of such errors as well as send a corrected quote.
These terms and conditions include:
* our privacy policy, which sets out the terms on which we process any personal data we collect from you, or that
you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is
accurate;
* our acceptable use policy, which sets out the permitted uses and prohibited uses of our site. When using our site,
you must comply with this Acceptable Use Policy; and
* our cookie policy, which sets out information about the cookies on our site.
- About the Autobooking.com service
Autobooking.com is a web-based service (hereinafter "the Service"), operated by Autobooking 24/7 GmbH (hereinafter "we",
"us" or "our" according to context) a company registered in Germany and aimed at motor vehicle owners and
Workstations. Users can use the Service as a platform for gathering offers for specified Workstation jobs, reviewing Workstations,
getting advice and guidance and to set up a vehicle profile. Workstations can also register and use the Service to submit
offers for jobs or services on request from the users and to promote their business through their Workstation profiles on
the Service.
The provider of the Service and data controller for managing your personal data (read more in article 10) is:
Autobooking 24/7 GmbH:
Legal address: Martin-Buber-Strasse 12,
14163 Berlin, Germany
Registration Number: HRB 172947
Email: info@autobooking.com
(hereinafter “Autobooking”)
The Service is divided into 3 main areas:
a. User and vehicle profile and bookings
Users can set up a profile by inputting certain data. The user can also set up a profile for a vehicle with the data of
their vehicle, including model, brand, photo, usage data and registration number. The registration number is only visible to
us and the Workstations that have been invited to make an offer. The information will only be used to process inquiries
for offers.
Users who have set up a user profile can upload and share their own material and information, only to the extent
that other users and Workstations have been granted access to the Service by the user. The Service has a notification
system whereby users can send and receive notifications to/from Workstations and upload material and photos of their
vehicles.
b. Workstation profiles
Workstations can set up a Workstation profile with the qualifications of their business and upload and share their material and
information to the extent desired.
Users will be able to browse through the profiles of the listed Workstations, read and write reviews of the Workstations (in
accordance with these terms and conditions) according to their own experience and rate the service of the Workstations
on a scale.c
c. Advice and guidance
Users can ask questions about the operation and maintenance of vehicles to experts with whom we cooperate. The
responses should be considered as guidance and advice only, and neither our business partners nor we can be held
liable for a damage that may occur in connection with the acts of the user as a consequence of the advice and
guidance received. You must obtain professional or specialist advice before taking or refraining from any action on
the basis of advice, guidance or any information received through the Service.
- Your user profile as vehicle owner
To use the Service, you may set up your profile and in this connection submit mandatory master data, including
personal data (your name, address, phone number and email address) and information about your vehicle.
You also may use a Service without registration. In that case you will submit data that is required by the Workstation where you request a booking.
Inquiries can only be made about vehicles if the user is the owner of the vehicle or has explicit consent from the owner to submit the inquiry.
When a booking is requested your contact information is only available to Workstations that you have specifically granted access to. Such access will only be granted if you, as a user submit a booking to a Workstation.
The Workstation will then be able to contact you on the email address and phone number you have submitted.
Your profile is personal, and each user may only set up one profile. You are not allowed to register an email address
of another person or register as another person other than yourself. You must choose a password when setting up a
profile. Your personal password must only be used by you, and you must keep it safe and not pass it on to others. If
you forget your password, we can provide you with a new one, and if you suspect that your password has been
misused, please contact us immediately and we will block the password and provide you with a new one.
- Charges
Setting up a user profile as a vehicle owner is free. Charges may be incurred if another agreement is entered into in
connection with the Service, however if this occurs any charges will be invoiced separately.
- Sharing of content – upload of own material
Through the Service, users can upload their own material, e.g. documents such as MOT certificates/vehicle test
results, invoices, photos etc. and you have the option of granting Workstations access to this content.
If you upload material to the Service, you must make sure that you do not violate any intellectual property rights or
privacy rights to the material, including but not limited to copyrights and trademark rights. Therefore, you may only
upload and share material that you have created yourself.
If you upload and share material created by others, you must make sure that you have the necessary rights to the
uploaded material or that you have obtained specific consent from the rights owner to upload and share the rights
owner’s protected material and for third parties, such as us and the Workstations, to review and use that material in
connection with the Service.
Without specific consent from the rights owner, you are not allowed to upload the following material, without
limitation:
* Scanned pages from books and magazines
* Documents and other content from other websites
* Photos that have not been taken by you
* Videos that have not been recorded by you
In particular with regard to photos and videos, you must be aware that if you upload and share photos/videos of other
people, you must obtain consent from the people in the photo or video to share these photos and videos with others.
- Liability for your own content
You control your own information and the content that you choose to upload to the Service and share with others.
Therefore, you choose who will be granted access to your information and your material, and you are also liable for
the material that you upload and choose to share with others.
We do not assume any liability for your material and do not carry out any kind of clearing of rights (including
intellectual property and privacy rights).
You are liable for the legality of the material that you upload and share with others, including that your use of any
material does not violate any rights, e.g. copyrights, trademark rights or rights according to the The General Data
Protection Regulation (GDPR). In the event of any third party claims of any nature against us as a result of your
uploading and sharing of material, you are liable for damages and any associated costs. You may therefore face
claims for damages from the rights owners as well as from us.
- Guidelines for use of the Service
You are entitled to make use of the Service at any time, however we reserve the right to make changes to the
Service at any time. Primarily, the Service is intended for users to request repairs and service of their vehicles and
for Workstations to make offers in return. Users are not allowed to use the Service for commercial marketing activities,
including marketing of their own or other’s commercial products, services or price checks, as stated under clause 2.
If the material you upload violates any intellectual property rights, e.g. copyrights or trademark rights, or if the
material breaches any applicable local, national or international law, regulation, code or policy, including (without
limitation), The General Data Protection Regulation (GDPR), advertising and marketing codes or criminal law, or if
your use of the Service or material you upload is in any way fraudulent, we reserve the right to remove/delete such
material at our own discretion and without notice.
As a user, you must act according to common "etiquette”. Any material you upload must:
* be accurate (where they state facts);
* be genuinely held (where they state opinions); and
* comply with applicable law in the Germany and in any country from which it is posted.
Any material you upload must not:
* contain any material which is defamatory of any person;
* contain any material which is obscene, offensive, hateful or inflammatory;
* promote sexually explicit material or violence;
* promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
* be likely to deceive any person;
* be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
* promote any illegal activity;
* be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
* be likely to harass, upset, embarrass, alarm or annoy any other person;
* be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
* give the impression that they emanate from us, if this is not the case; or
* advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer
misuse.
The Service must not be used for spam or in any other way to harass Workstations or other users, e.g. by continuing to
send notifications although the receiver has declined notifications. If you notice that Workstations or other users do not
follow these conditions, please contact us immediately.
We will determine, in our discretion, whether there has been a breach of these terms and conditions through your
use of our Service. When we believe a breach has occurred, we may take such action as we deem appropriate. We
reserve the right without notice to delete any content and information that we deem to violate these terms and
conditions or any other relevant laws. In case of a serious and persistent breach of these terms and conditions, we
reserve the right to terminate your access to the Service and delete your profile.
- Information for you about the Service
Provided you agree, we and the Workstations on the Service may send you notifications through the current notification
system of the Service and to the email address provided for your account. Furthermore newsletters, advertisements
and marketing materials about us and our business partners can occur at the Service.
The email address stated by you can only be seen by the Workstations, if you as a user have made a booking to a
Workstation affiliated with the Service. In that case, the email address may be used in connection with the formation of
the agreement regarding a job.
You can, at any time, easily and without any charge subscribe and unsubscribe to our newsletters and marketing
material under your profile at the Service. You can also contact our support staff at info@autobooking.com.
We do not pass on your personal information to any third party for their marketing purposes without your explicit consent. See also clause 10 regarding personal data.
We reserve the right to use your email address and the current notification system of the Service to send you
notifications regarding a message from a Workstation, important information regarding the Service, including,
but not limited to, information regarding security issues, significant changes to these terms and conditions,
information about operation, new or changed features of the Service etc., and in the event that the notification
system of the Service is not available.
- Rights in relation to the Service and content of the site
We or our licensors own all the intellectual property rights, including copyrights of the Service, trademark rights,
codes, graphic elements etc. of the Service and the elements on the Service, which are at our disposal, including
among others videos, animations, sound, music, text, images, photos etc. All such rights are reserved.
We do not obtain any rights to the material that you choose to upload, except that you grant us a non-exclusive,
perpetual, worldwide license to use, store and copy such material, including the right to make the material available
to others on the Service or in other ways of our choice.
The rights to the material made available on the Service by users, regardless of whether it is on our behalf or on the
behalf of Workstations or other users, is owned by the party who uploaded the material. Such material will be protected
by the laws of copyright or trademark.
As an uploader and rights owner of material on the Service, you accept that any parties who you grant access to the
material to may read and download the material for their own personal use, and that we and the Workstations may use it commercially, including to respond to your inquiries in connection with offers.
As a user of the Service, you can use the material that we and others make available on the Service for your own
personal use, including your own personal use at home.
You are not allowed to grant access to others to use the Service or material available to you on the Service, and you
are not allowed to (without limitation) transfer, distribute, forward or copy the material to others or to other web
pages or use the material or Service for any commercial purpose without clear consent from our side.
If you wish to use the material for purposes other than those stated in these terms and conditions, you must make a
request for consent to do so from the rights owner of the material.
- Privacy Policy – Use of your information and your material
By setting up your profile and uploading material, you accept that your information and material will be made
available to Workstations.
By uploading material you accept that Autobooking, Workstations are allowed to use the material as stated under clause 8.
You can at any time choose to edit or delete your information and the material you have uploaded.
- Personal data
In this paragraph, we will give you information on, which personal data about you we collect and for what purpose.
We collect and manage data about you in compliance with the EU Parliament and Council’s The General Data
Protection Regulation (GDPR) (EU) 2016/679 (“The General Data Protection Regulation (GDPR)”) with adjoining
legislation acts. Autobooking is the data controller for your personal data that we collect. The data we collect is necessary, in order to give you access to and to be able to offer you this Service, to fulfill your requests, to optimise the webpage and to be able to market our own and our collaborators’ products and services towards you. You can find our contact information in clause 1. About the Autobooking.com service.
We are not responsible for personal data that you choose to upload to the Service or for that information included in
your communication with Workstations and other third parties.
The information that you upload via the Service or other passes on to Workstation etc., becomes the responsibility of the
Workstation.
Which information do we collect about you, at what purpose and on which legal basis?
When you visit Autobooking.com, we automatically collect data about you and your use of the website
Autobooking.com. This is e.g. data about what type of browser you use and information about your computer, your IP
address and information about how you use the website, which pages you visit and what links you click, your traffic
to and from the Service, referral URL addresses, ad data, standard weblog information and data collected via
cookies, web beacons and technologies alike etc. The purpose is to optimise the user experience and
Autobooking.com’s functionality as well as make targeted marketing. This handling of data is necessary for us to be
able to attend to our interests in improving Autobooking.com as well as show you relevant offers. The legal basis for
this data processing is The General Data Protection Regulation (GDPR) Article 6, in particular Point F of Paragraph 1.
When you sign up for our newsletter, we collect data about your name and email address and we register that you
have asked us to send you newsletters with marketing material from us and our collaborators. The purpose of this is
to meet your request and to be able to attend to our interests in delivering newsletters for you. The legal basis for
this data processing is The General Data Protection Regulation (GDPR) Article 6, in particular Point F of Paragraph 1.
When setting up a profile on the Service, we ask you to inform us about a number of key data points, including
your name, address, email and phone number. You can choose to login via a facebook profile or Google account.
When you choose such a login for the Service, we get access to the data which you have chosen to be publicly
accessible on the social media in question to be able to validate you. The type of data and the extent of data, which
we collect about you, will depend on how you have adapted your public profile. You can choose to add further data
to your profile about your vehicle, including information about model, brand, data about usage and registration
number. We need this information to be able to give you access to the Service and offer you the services connected
to the Service, including and to be able to convey contact to Workstations, that will respond to you quotes for car repairs etc in accordance with your request. The legal basis for this data processing is The General Data Protection Regulation
(GDPR) Article 6, in particular Point B of Paragraph 1.
When you request booking for a repair of your vehicle, data about your inquiry and your contact information will be accessible for the affiliated Workstation, so that they can assess the job and possibly approve it. The
Workstation will hereafter be able to contact you via the email and phone number given by you. The legal basis for this
data processing is The General Data Protection Regulation (GDPR) Article 6, in particular Point B of Paragraph 1.
When you communicate with us, including by email and phone, we collect the information you choose to give us as
well as the advice or council that you are requesting. The purpose for this is to communicate with you according to
your requests. The legal basis for this data processing is The General Data Protection Regulation (GDPR) Article 6,
in particular Point B of Paragraph 1.
Disclosure of your data
We only disclose your personal data with other data controllers to the extent it is described in our current terms.
Besides this, no disclosure of personal data will occur without your explicit consent, unless we are obligated to do
this, by law or any legal obligation resting on us, or it is necessary to a legal demand to be settled, made valid or be
defended.
Furthermore, we receive or collect data about you and your vehicle from third parties and add these to our user
information. This information can include data from car information pages with regard to vehicle specifications, public
authorities and organisations, any additional contact information and information about you from other sources. The data on your vehicle is used to inform and call you in for any expected, upcoming repairs.
The information can be left in the hands of external collaborators, who treats the information on our behalf. We use
external collaborators for among other things technical operations, maintenance and improvements of the Service,
sending our newsletters as well as targeted marketing materials. These companies are data handlers and follow our
instructions and they handle data that we are data controllers for. The data handlers cannot use this data for other
purposes other than fulfilling the agreement with us and they are subject to confidentiality in this regard. We have
written data handler agreements with all data handlers, who handle personal data on our behalf.
The companies in question have made the necessary technical and organizational security arrangements against
the information being accidentally or illegally destroyed, lost or damaged, as well as becoming the knowledge of,
misused by or is in any other way treated in conflict with The General Data Protection Regulation (GDPR) or in
conflict with our instructions by any unauthorized persons.
Your rights
With the aim to create transparency about the processing of your information, we must, as a data controller, inform
you about your rights.
Right to insight
At any time, you have the right to request insight into our handling of your personal data, including which categories
of information we have registered about you, which purpose the handling serves, categories of recipients of
information etc. You have the right to get a copy of the personal data about you that we handle. If you wish to get a
copy of your personal data, you may obtain it in your profile.
Right to retraction
You have the right to get a retraction on any incorrect personal data about you. If you become aware of any
mistakes in the information that we have registered about you, we encourage you to make a written request to us,
so that the information can be corrected.
Right to be deleted
You may delete in your profile all or some of your personal data, e.g. if you retract a consent, and we are without any other legal basis for continuing the data processing. To the extent that a continued processing of your data is necessary, e.g. so that we comply with our legal obligations or for a legal demand to be determined, made valid or be defended, we are not obligated to delete your personal data.
Right to limit the processing to storage
In some instances, you have the right to have the processing of your personal data limited to storage only , e.g. if
you believe that the information we have about you is not correct.
Right to dispute
At any time, you have the right to dispute our processing of your personal data, with regard to direct marketing,
including the profiling made to be able to target our direct marketing.
Furthermore, you have the right to, at any time, for reasons regarding your personal situation, make a dispute to the
processing of your personal data, that we make based on our legitimate interests.
Right to retract consent
At any time, you have the right to retract consent given to us for processing your personal data.
Right to complain
At any time, you have the right to complain about our processing of your personal data.
If you wish to make use of one or more of your rights, please contact us at info@autobooking.com. However, we do
reserve the right to deny requests that are unfounded or excessive, especially if they are repeated, and we can also
condition the reply with a fair fee.
Deleting data
Data collected about your use of Autobooking.com will be deleted no later than when you haven't visited the website
for 5 years.
Data collected in connection with your signup for the newsletter will be deleted, when your consent for the
newsletter is retracted.
Data collected in connection with your setting up of your profile will automatically be deleted, when you delete your
profile or if you haven't logged into your user profile in 5 years and if you do not log in within a month after we notify
you, via the informed email address, that we intend to delete your profile.
- Cookies Policy
Cookies and similar technologies are used on the Service, applications, notification systems and tools.
A cookie is a small file which is stored on your computer, containing identification of the computer for
Autobooking.com. The file does not contain any information about you. We and our business partners (e.g.
advertisers, media agencies and advert networks) use cookies to provide the best possible experience on the
Service for users, including targeted information for you and to enable the Service to remember your username and
enhance your experience of our website, as well as for statistics, measuring our service and for marketing purposes.
You can disable or remove cookies by using tools that are available in most browsers. The various browsers offer
different options for disabling the possibility of storing cookies. However, if you dismiss cookies and similar
technologies you will not be able to use certain features, services, applications and tools on our webpages. You will
also be asked to enter your password more frequently when visiting our websites. To get more information on
blocking, deleting or disabling these technologies, please refer to the Help section on your browser, application or
device.
In general, these technologies make our Service, applications, notification systems and tools able to store relevant
information in your browser or device and to use the information later on.
We do not store your personal information by using these technologies, but we use them to identify you in our
servers and internal systems. If relevant, we protect our cookies and other technologies so that only we and/or our
business partners are able to read them by giving them a unique ID only readable to us.
For further specification of the cookies used by the Service, applications, notification systems and tools, please read this
- Limitation of liability
Our aim is that the Service is always available. However, situations may occur where the Service is unavailable due
to, without limitation, safety or maintenance reasons, network issues, defects in communication connections and
hardware, and if possible, we will make a notification about such situations on the Service, especially if the Service
will be unavailable or partly unavailable for longer periods of time.
We cannot guarantee that the Service is always available.
We regularly make backup copies of the Service and all information of the Service, but unfortunately data losses
may occur, and therefore we recommend that you make a backup copy of the material that you upload to the
Service. We disclaim any liability for loss or damage of your data, including uploaded material.
To the extent permitted by law we disclaim any liability – direct and indirect – for any loss incurred by your use of the
Service or by errors and/or deficiencies in the Service, or the termination of the Service. We will not be liable to any
user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise,
even if foreseeable, arising under or in connection with: use of, or inability to use, our Service; or use of or reliance
on any content displayed on our Service.
We merely communicate information on the Service, including inviting and making offers between users and
Workstations. Although we make reasonable efforts to update the Service, we make no representations, warranties or
guarantees, whether express or implied, that the content is accurate, complete or up-to-date. We are not involved in
the transactions and will not be a party to the contract between a user and a Workstation; we disclaim any liability for the execution of the job and any flaws and deficiencies in this respect. As stated above, we only provide our Service for
domestic and private use. You agree not to use our Service for any commercial or business purposes, and we have
no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may
apply to Service or any content on it, whether express or implied.
Nothing in these terms and conditions excludes or limits our liability for death or personal injury arising from our
negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by
law.
Our site may include links to other websites and resources provided by third parties. These links are provided for
your convenience to provide further information. They do not signify that we endorse such websites. We have no
responsibility for the content of the linked websites and we will not be liable for any loss or damage that may arise
from your use of them. You may not create a link to this website from another website or document without our prior
written consent.
You acknowledge that your breach of terms and conditions may cause damage or loss to us and you agree to
indemnify us in full against any third party liabilities, claims, costs, loss or damage including consequential losses,
incurred as a result of such a breach. This means you will be responsible for any loss or damage we suffer as a
result of your breach.
- Deleting your profile
You can at any time delete your profile and/or the information and material uploaded by you on the Service. When
deleting your profile, please note that any messages on forums or notifications sent to other users will still be
available for the recipients and that these messages and notifications will not be deleted. If your profile is inactive for
more than 6 months or if you violate these terms and conditions, we reserve the right to delete or deactivate your
profile and the information and material completely or partly uploaded by you.
We also reserve the right, without notice, to stop providing the Service and delete your profile in this case.
- Modification of these terms
We reserve the right to modify these terms for using Autobooking.com at any time. The current version of the terms
and conditions will be available on the Service at any time. In case of significant modifications of these conditions,
you will be informed and asked to accept the modified conditions where appropriate.
- Transfer
Your user profile is personal, and you cannot transfer it to others without our consent.
We reserve the right to transfer the Service completely or partly with all content, users and rights to a third party. In
case of such a transfer, you will be notified hereof with a deadline for deleting your profile if you do not accept the
transfer.
- Applicable law and venue
These terms and the use of the Service are governed by German law and Berlin - Charlottenburg has
jurisdiction over any disputes arising as a result of these conditions
