Terms of Use

(1) These terms of use govern the use of OpenBowling for online reservation of bowling lanes at participating bowling centers.

(2) Deviating conditions only apply if OpenBowling expressly agrees.

(1) Pro Bowl Bowlingservice provides the technical platform. The contractual partner for the booked service (use of the lane, prices, opening hours, house rules, on-site execution) is exclusively the selected bowling center.

(2) Pro Bowl Bowlingservice is not the operator of the bowling facility and assumes no responsibility for on-site service delivery.

(1) Booking is done online. Upon completion of the booking process, the contract for the reservation/bowling service becomes immediately binding between the booking person and the bowling center.

(2) The booking confirmation (e.g., via email) documents the booking details.

(3) Before submitting the booking, all entries can be reviewed and corrected using the standard browser and form functions. The contract text is not separately stored; the booking confirmation sent via email serves as documentation.

(1) At minimum, name, email address, and telephone number are required for booking.

(2) It must be ensured that the provided contact details are correct.

(1) Prices, rates (e.g., youth prices), package conditions (e.g., children's birthday parties), and other terms are determined by the bowling center and displayed during the booking process.

(2) The bowling center may require proof of age or other documentation.

(3) Bookings by minors are only permitted with the consent of a legal guardian.

(1) Online cancellation is possible up to 24 hours before the booking start time.

(2) Less than 24 hours before the booking start time, cancellations/changes must be made by telephone directly with the bowling center. The contact details in the booking confirmation or on the center page are authoritative.

(3) Pro Bowl Bowlingservice provides the technical functions for online cancellation but makes no decisions regarding goodwill or deviating arrangements by the bowling center in individual cases.

(1) OpenBowling may display a link to the bowling center's menu during booking. Contents, prices, and information originate from the bowling center; OpenBowling assumes no liability for this.

(2) If pre-ordering (e.g., beverages) is offered in the future, this will be transmitted as a request to the bowling center. Availability, allergens, billing, and delivery are the responsibility of the bowling center.

(1) OpenBowling is operated with industry-standard care. There is no entitlement to uninterrupted or constant availability.

(2) Maintenance, security updates, and further development may lead to temporary restrictions.

(1) Pro Bowl Bowlingservice has unlimited liability for intent and for damages resulting from injury to life, body, or health.

(2) In case of slight negligence, Pro Bowl Bowlingservice is only liable for breach of essential contractual obligations and limited to the typically foreseeable damage.

(3) Otherwise, liability is excluded to the extent legally permissible.

(4) Pro Bowl Bowlingservice is not liable for failures/service disruptions arising from the responsibility of the bowling center, internet/telecommunications providers, or other third parties.

(1) We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

(2) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. This choice of law applies to consumers only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.

(3) Should individual provisions of these terms of use be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected.

(1) The Provider provides the bowling center with web-based software (SaaS) for managing lane occupancy and online reservations ("Center Portal"). The Center Portal is offered in a permanently free Basic Plan and in paid plans (Pro, Premium, Enterprise).

(2) The Provider is a technical service provider. The bowling center remains the provider of services to end customers.

(3) A bowling center within the meaning of these terms is any business customer that uses the Center Portal.

(1) The bowling center is responsible for the secure storage of access credentials.

(2) The bowling center ensures that only authorized persons have access.

(3) The bowling center is responsible for content, prices, rates (e.g., youth prices), packages (e.g., children's birthday parties), the organizational implementation of reservations, and communication with end customers.

(1) The Provider implements the following standard policy for online bookings and displays it in the booking process:

• Online cancellation possible up to 24 hours before the start of the booking
• Less than 24 hours: Cancellation/modification by phone directly with the bowling center

(2) The bowling center ensures that phone cancellation/modification requests can be processed organizationally.

(1) If online payment is activated, payment processing is handled via payment service providers (e.g., PayPal).

(2) The Provider will at no time act as the payee and does not receive any payments from end customers.

(3) The bowling center is the sole contractual partner of the payment service provider and bears all fees, chargebacks, buyer protection cases, and other risks.

(1) Basic Plan (permanently free of base fee): The Provider offers the Basic Plan as a cost-free entry-level option. No monthly base fee applies to this plan; usage-based fees under Section 6b remain unaffected. The plan includes:

• 1 Center, max. 8 lanes
• Up to 3 user accounts
• Management features including online booking and email notifications; the feature scope included in each case is set out in the price list. Section 6b applies to online bookings.

(2) A prerequisite for the free use of the Basic Plan is regular active use of the software. If no user of the bowling center logs in within 14 consecutive days, the account will be automatically locked (inactivity lock). The bowling center will receive an email notification prior to the lock. Locked accounts can be reactivated at any time by contacting the Provider; stored data will be retained. The inactivity period may be changed by the Provider with at least 30 days' advance notice.

(3) There is no legal entitlement to the free provision of the Basic Plan. The Provider is entitled to (a) convert the Basic Plan into a paid plan or (b) discontinue the Basic Plan, in either case with at least 30 days' advance notice. In such cases, the bowling center has a special right of termination without observing any notice period.

The current prices for all plans are published on the Provider's website at https://openbowling.de.

All prices stated are net prices plus the applicable statutory value added tax.

(4) Paid Plans (Pro, Premium, Enterprise): Billing monthly or annually according to the selected plan (as per offer/order). Cancellation:

• For monthly payment: cancellation 14 days before the end of the month, effective at month-end.
• For annual payment: cancellation 30 calendar days before the end of the annual term, effective at term-end.

(5) Plan Changes: An upgrade to a paid plan or a downgrade to a lower plan (including Basic) is possible at any time. When downgrading to the Basic Plan, the bowling center must ensure before the change that its usage (centers, lanes, users) does not exceed the limits of the Basic Plan.

(6) Unless the contract is properly terminated on time, it automatically renews for the respectively selected billing period.

(7) If the bowling center is in default of payment, the Provider is entitled, after prior notice, to temporarily restrict access to the Center Portal. Statutory default interest remains unaffected.

(8) The base fee for paid plans is billed in advance. For monthly payment, the first invoice covers the pro-rata amount up to the end of the current calendar month; thereafter the full monthly amount is invoiced at the beginning of each billing month. For annual payment, the annual amount is invoiced in advance for twelve months from the date of activation; renewal takes place on each anniversary of the activation date. Invoices are sent by email to the billing address on file and are due for payment within 14 days of the invoice date without deduction. If the bowling center upgrades to a higher plan within a term already paid for, the unused portion of the previous plan is credited on a pro-rata basis; the renewal date remains unchanged in that case.

(1) The Provider may grant the bowling center time-limited free access to paid pricing tiers ("trial period"). The trial period is a voluntary benefit provided at the Provider's sole discretion; there is no legal entitlement to its granting, extension, or renewal.

(2) During the trial period, the bowling center shall acquire no contractual claims to the maintenance, extension, or renewed provision of the tested plan or any individual features thereof. The Provider is entitled to terminate the trial period at any time and without stating reasons, unless alternative arrangements have been agreed in writing. Any claims for damages or other compensation by the bowling center arising from or in connection with the termination or non-granting of a trial period are excluded to the extent permitted by law.

(3) Upon expiry of the trial period, a decision period of 14 calendar days begins. During this period the bowling center continues to use the tested plan unchanged; access is neither locked nor restricted, and no base fee is incurred.

(4) Within the decision period, the bowling center selects its plan in the Center Portal and, in the case of a paid plan, also the payment interval (monthly or annual). If a paid plan is selected, the paid subscription only begins upon expiry of the decision period; no base fee is incurred until then. Selecting the Basic Plan, by contrast, takes effect immediately.

(5) If the bowling center makes no selection by the end of the decision period, or if the details required for invoicing (billing address, payment method and, for SEPA direct debit, the details under Section 6c) are incomplete, access reverts to the permanently free Basic Plan. No paid contract comes into existence in that case and no base fee is charged. A selection already made remains stored and can be activated by the bowling center in the Center Portal at any time once the details are complete. Stored data is retained in all cases; features not included in the Basic Plan are no longer available from the point of the change. In all other respects, the provisions of Section 6(1) and Section 6(2) apply accordingly.

(1) A usage-based fee per booking (overage) applies to every booking received via the platform's online booking flow. The amount is set out in the Provider's applicable price list; in the Basic Plan it currently amounts to EUR 0.49 net per online booking.

(2) The paid plans include a monthly allowance of online bookings; the fee applies only to bookings exceeding that allowance. The Basic Plan includes no allowance; the fee applies from the first online booking. Bookings not received via the online booking flow, in particular walk-in customers served at the counter, do not trigger a fee.

(3) Billing takes place monthly in arrears for the completed billing month. The invoice is issued at the beginning of the following month and sent by email to the billing address on file; it is due for payment in full within 14 days of the invoice date.

(4) If a booking is cancelled before the invoice is issued, the fee for that booking does not apply. No credit note is issued after the invoice has been created.

(5) All fees are net amounts plus the applicable statutory value added tax. Section 10a (price changes) applies accordingly to usage-based fees.

(6) No usage-based fees are incurred during the trial period or the subsequent decision period under Section 6a. Online bookings made during that time are recorded but not charged.

(7) If the plan changes during an ongoing billing month, usage accrued up to the change is billed under the terms of the previous plan. From the change onwards the terms of the new plan apply; its allowance is available again for the remaining part of the billing month.

(1) In the Center Portal, the bowling center chooses between payment by invoice (bank transfer) and SEPA direct debit.

(2) If SEPA direct debit is chosen, the bowling center grants the Provider a SEPA direct debit mandate (core scheme) for the collection of due invoice amounts and at the same time instructs its bank to honour the direct debits drawn by the Provider. The Provider's creditor identifier and the mandate reference are displayed when the mandate is granted in the Center Portal and are stated on every invoice. The mandate reference is assigned by the Provider.

(3) Collection takes place no earlier than the due date of the respective invoice. Pre-notification is given with the invoice email, stating the amount, the collection date, the mandate reference and the creditor identifier. The pre-notification period is shortened by mutual agreement to at least five calendar days before collection.

(4) The bowling center shall ensure sufficient funds are available in the account provided. If direct debits are returned for lack of funds or for any other reason attributable to the bowling center, the bowling center shall bear the Provider's resulting costs. Section 6(7) remains unaffected.

(5) The mandate may be revoked at any time with effect for future collections; revocation is effected by changing the payment method in the Center Portal or in text form to the Provider. From the revocation onwards, invoices are issued for payment by bank transfer. Within eight weeks of the debit date, a refund of a debited amount may be requested under the terms agreed with the bank.

(6) Bank and mandate data are processed solely for the settlement of payments. Details are set out in the Provider's privacy policy.

(1) The Provider strives for the highest possible availability of the Center Portal. A specific availability is only owed if expressly agreed in writing as an SLA.

(2) Maintenance, updates, and security measures may result in limitations.

(3) The Provider may modify features if necessary for security reasons, legal compliance, or further development.

(1) The Provider grants the bowling center a non-exclusive, non-transferable, non-sublicensable right to use the software via the Internet for the intended purpose for the duration of the contract.

(2) The bowling center may not copy, decompile, reverse engineer, or make the software accessible to third parties.

(1) The Provider endeavors to provide the software according to state-of-the-art standards, error-free and secure. There is no entitlement to complete freedom from defects.

(2) The Provider will remedy or work around reported defects that significantly impair the use of the software within a reasonable time. Minor defects will be addressed in regular updates.

(3) The bowling center is obligated to report defects immediately upon discovery in writing (e.g., via email) and to cooperate in error analysis to a reasonable extent.

(4) The bowling center is responsible for protecting and using the software through appropriate measures (such as regular data backups, verification of inputs).

(1) The Provider has unlimited liability for intent and gross negligence, as well as for damages resulting from injury to life, body, or health.

(2) In cases of simple negligence, the Provider is only liable for breach of essential contractual obligations (cardinal obligations) and limited to the typically foreseeable damage.

(3) Otherwise, liability is excluded to the extent legally permissible. This applies in particular to:

• Software defects that become known only after deployment
• Compatibility issues with other systems
• Internet connection or server infrastructure failures
• Misuse or incorrect configuration by the bowling center
• Cyber attacks, malware, or sabotage against the software

(4) Liability under the German Product Liability Act remains unaffected.

(1) The bowling center is regularly the controller for end customer data. The Provider processes data to provide the Center Portal typically as a data processor.

(2) The parties enter into a Data Processing Agreement (DPA) in accordance with Art. 28 GDPR.

(1) The Provider may change the prices of paid plans with a notice period of at least 30 days before the end of the respective billing period.

(2) In the event of a price increase, the bowling center has a special right of termination effective at the time the price increase takes effect.

(3) The conversion of the Basic Plan into a paid offering constitutes a material change. The Provider shall notify the bowling center of such change at least 30 days in advance in writing via email. The special right of termination pursuant to Section 6 (3) remains unaffected.

(4) Price changes only apply to future billing periods.

(1) After termination of the contract, the Provider will make the stored data available to the bowling center upon request in a common machine-readable format (e.g., JSON or CSV).

(2) Data will be provided within 30 days of the request. After 90 days following contract termination, data will be irrevocably deleted, unless legal retention obligations prevent this.

(3) For accounts locked under the Basic Plan due to inactivity (inactivity lock pursuant to Section 6 (2)), the 90-day deletion period under Paragraph 2 commences from the date of final contract termination, not from the date of the inactivity lock.

(4) Data disclosure pursuant to Paragraph 1 is subject to a processing fee. The applicable fee is set out in the Provider's current price list. The Provider will notify the bowling center of the fee prior to providing the data; data will only be released upon receipt of payment.

(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) If the bowling center is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from and in connection with this contract is Mittenwald.

(3) Should individual provisions of these terms be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected.