General Terms and Conditions

HobbyConnect App

Scope an Conclusion

These general terms and conditions apply to the contractual relationship between Hobby-Wohnwagenwerk Ing. Harald Striewski GmbH, Harald-Striewski-Straße 15, 24787 Fockbek / Rendsburg (hereinafter "Hobby") and its customer concerning  the use of the HobbyConnect Smartphone App (hereinafter: "App").
The contract between Hobby and the customer is concluded once the customer has downloaded the app from the Apple App Store or the Google Play Store. 

Right of use

On the basis of this contract, Hobby grants the customer the non-exclusive, non-transferable right to use the app and the associated services. The app enables the customer to control certain functions on his vehicle in connection with a control unit (caravan control) via mobile terminal and to determine the location of the vehicle with the help of the caravan control.
The customer is not entitled to copy, edit, decompile, convert or otherwise change the software made available by the app. The customer is also not allowed to use the services for illegal purposes and has to ensure that third parties do not do this either.

Conditions of use and obligations of the customer

The use of the services via the app requires that the customer has a caravan control in his vehicle and an internet-enabled, mobile device on which the app is made available to the customer. The customer is responsible for the Internet access required for use and the performance of his end device at his own expense. Hobby is not liable for damage that can be traced back to malfunctions of the end device, technical faults or an interruption in the Internet connection.
If the customer only wants to use the HobbyConnect function of the app (Bluetooth control), the use only requires registration in the app (email, password) -
If the customer also wants to use the HobbyConnect+ function of the app (cellular control), use requires prior registration and the creation of a customer account (HobbyConnect ID). This function also requires an active connection between the control unit and the Internet. This requires a contract between the customer and the provider Mobile Connect AB, Mobile Connect i Tenhult AB, Brogatan 24, 331 30 Värnamo, Sweden. The contractual relationship exists exclusively between the customer and Mobile Connect AB. Mobile Connect AB is solely responsible for the services. The remuneration for services provided by Mobile Connect during the first year since the control unit was purchased has already been paid. Mobile Connect will contact the customer directly about the remuneration for the following years. The customer has to keep his personal access data (PIN) secret. The data may not be passed on to third parties and must be stored in a way that is protected from access by third parties. If there are indications that unauthorized third parties have gained knowledge of the access data, the customer is obliged to change them immediately.

Liability 

Hobby is liable for damages in accordance with the following regulations if the damage was caused intentionally or through gross negligence by Hobby, its legal representatives, employees or other vicarious agents or is based on the culpable breach of an essential contractual obligation. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract and on whose compliance the customer regularly trusts and may rely. If the breach of an essential contractual obligation can only be traced back to simple negligence, the liability is limited to the typical, foreseeable damage.
Claims based on culpable injury to body, life or health as well as mandatory liability under the Product Liability Act remain unaffected. 
Unless otherwise regulated in this clause, Hobby's liability is excluded.
The above liability regulations apply accordingly if the customer asserts a claim for reimbursement of wasted expenses instead of a claim for damages instead of the service.

Personal data

Hobby collects, stores and uses the personal data provided by customers within the framework of the statutory provisions, insofar as it is necessary for the establishment, content or changes to the contractual relationship and the use and billing of the services.
If the customer has activated the HobbyConnect+ function (cell phone control), the location of the vehicle can be determined. This location is recorded and saved in connection with the evaluation of the control data. The storage period is one week, after which the residence data is deleted. The customer has to declare his express consent to the storage in a separate written declaration. He is also responsible for informing third parties about the determination and storage of the whereabouts and obtaining their written consent before leaving the vehicle to them. This also applies if the vehicle is sold. The customer can have the SIM card installed in the vehicle deactivated at an authorized dealer at any time, after which the whereabouts are no longer determined.
Further details can be found in the data protection declaration for the app.

Duration, changes in performance, sale of the vehicle

The customer is entitled to terminate the contract without observing a notice period. Hobby is entitled to ordinary termination with a notice period of one month. The right to extraordinary termination for good cause remains unaffected. In the event of termination, Hobby is entitled to block the app.
Hobby would like to offer the end customer a contemporary standard of performance and accordingly reserves the right to expand and modify the scope of the services in a manner that is reasonable for the customer and to discontinue services that no longer correspond to the current standard. The adjustment to a contemporary service standard assumes that the changes made do not lead to a reduction in the scope of services. In the event of a further modification of the scope of a service, which is to be communicated to the customer in writing or electronically, the customer can extraordinarily terminate this contract within one month of receipt of the notification of change.
For HobbyConnect+: In the event of the transfer of ownership of his mobile home, the customer is obliged to notify Hobby of the sale and to delete the app before handing it over to the buyer. If the customer has set up a user account, he is also obliged to terminate the link between the vehicle and his user account (HobbyConnect ID).

Choice of law 

The law of the Federal Republic of Germany applies to the contract between Hobby and the customer, excluding the UN sales law. The applicability of mandatory statutory provisions of the country in which the customer has his habitual residence remains unaffected. Mandatory regulations within the meaning of this regulation are those which cannot be deviated from by contractual agreement.