These General Terms and Conditions (hereinafter “GTC") apply to Charging Processes at a Charging Station operated with be.ENERGISED. be.ENERGISED is a brand of has·to·be gmbh (hereinafter “has·to·be"). When a Charging Process is carried out, a contract is concluded between you and has·to·be in accordance with the provisions of these GTC. The GTC apply to both Consumers and Entrepreneurs, unless an express differentiation is made in individual clauses. The GTC apply exclusively. Any deviating terms and conditions are not accepted by has·to·be and are hereby rejected. This does not affect any additional regulations of the Charging Station operator, property owner, parking space manager or other third parties that apply at the location of the Charging Station. For the compliance with these additional regulations you are solely responsible.
2) Information about your contract partner
Salzburger Straße 26
5550 Radstadt, Österreich
CEO: Martin Klässner
Register number: FN 399512 v
Register court: Landesgericht Salzburg
Object of the company: IT services
Supervisory Authority: District Administration St. Johann im Pongau (Bezirkshauptmannschaft St. Johann im Pongau)
Chamber affiliation: Salzburg Chamber of Commerce, Section Management Consultancy and Information Technology (Wirtschaftskammer Salzburg, Fachgruppe Unternehmensberatung und Informationstechnologie)
be.ENERGISED is the software developed and operated by has·to·be for the operation and billing of Charging Stations/Charging Processes. be.ENERGISED is a registered trademark of has·to·be.
EVSE-ID (Electric Vehicle Supply Equipment Identifier) is a unique alpha-numeric identifier of a Charging Point of a Charging Station.
Charging Station is the totality of a technical facility (hardware and software) for charging electrically powered vehicles with electrical energy. A Charging Station has one or more Charging Points for connecting an electrically powered vehicle for the purpose of charging the batteries.
Charging Process is the entire process of charging an electrically powered vehicle at a technically suitable Charging Point of a Charging Station, which is composed of various events. A Charging Process is defined in particular by a start and end time and by a meter start and end value. The start and end time determined by the Charging Station as well as the corresponding meter readings and the data relevant for allocation and billing are transmitted by the Charging Station to has·to·be and processed by has·to·be for the purpose of billing.
Force Majeure means an event beyond the reasonable control of has·to·be that prevents has·to·be from performing its obligations under these GTC, including but not limited to natural disasters, extreme weather conditions, floods, lightning, explosions, fires, epidemics, pandemics, riots, war and military operations, national or local emergencies, acts or negligence of government, import, export or transit bans, economic disputes of any kind, strikes or other industrial action, cave-ins, disruption of transport or power networks, the reduced or non-functioning of third party networks, systems or equipment as well as any negligence of any person or entity beyond the reasonable control of has·to·be.
Mobile Payment Site means the website provided by has·to·be via the Internet for the purpose of conducting a Charging Process and making cashless payment for a Charging Process at a Charging Station operated by be.ENERGISED. Via this website, you will be shown the tariff applicable at the respective Charging Point as well as a link to these GTC. Via the Mobile Payment Site you can start and pay for a Charging Process as described under point 5) of these GTC.
An Entrepreneur is anyone who carries out a Charging Process to charge a vehicle that is used for business purposes.
A Consumer is anyone who carries out a Charging Process to charge a vehicle that is used for private purposes.
4) Subject matter
When a Charging Process is carried out at a Charging Station operated with be.ENERGISED, a contract is concluded between you and has·to·be in accordance with the provisions of these GTC and you will therefore receive an invoice for the Charging Process exclusively from has·to·be after completion of the Charging Process.
The subject of this contract is the execution, cashless payment and electronic billing of a Charging Process at a Charging Station operated with be.ENERGISED, including the supply (in the meaning of VAT law) of the charged electricity.
It is noted that this contract does not constitute a continuing obligation. This means that you do not enter into a long-term contract or subscription and you are not obliged to purchase certain minimum quantities. You are obliged to pay has·to·be in full for the Charging Process you have carried out in accordance with the provisions of these GTC. This contract ends automatically when the Charging Process has been completed and paid for in full.
This contract does not cover any additional charges incurred at the location of the Charging Station or any additional, ancillary or other third party services actually consumed by you in the course of carrying out the Charging Process. See also point 7) of these GTC.
5) How to perform a Charging Process
At the Charging Stations operated with be.ENERGISED, a QR code sticker is attached to each Charging Point, which, in addition to the QR code, also contains the be.ENERGISED logo and the EVSE-ID of the respective Charging Point.
Scanning a QR code with your mobile phone takes you to the Mobile Payment Site, where you can view the tariff applicable at the respective Charging Point and pay for and thereby start a Charging Process. To scan a QR code, you may need a suitable app. The Mobile Payment Site is available in various languages.
After entering your email address and ticking two boxes, by which you on the one hand expressly declare your unconditional consent to the displayed tariff and to these GTC and on the other hand declare your express request to has·to·be that has·to·be should begin providing the service before the expiry of the period for exercising the right of withdrawal to which you are entitled as a Consumer, you will be taken to the selection of available payment providers by clicking on the corresponding button.
After selecting your desired payment provider and then filling in all the fields displayed, click on the “Pay" button; the Charging Process starts automatically after the payment process has been completed, provided the car is connected to the Charging Station.
Clicking on Stop or disconnecting the car from the Charging Point ends the Charging Process and an invoice is then sent to the email address provided by you.
6) Offer and acceptance
The information provided by has·to·be via the Mobile Payment Site does not constitute a binding offer to conclude a contract, but by clicking on the “Pay" button you in turn make a binding offer to conclude a contract. Acceptance by has·to·be is implied by the start of the Charging Process, whereby the contract between you and has·to·be is concluded.
7) Tarifs and additional costs
The tariff displayed on the Mobile Payment Site may consist of either a price per kilowatt hour (kWh), a price per minute or per defined period of time, a flat rate per Charging Process or a combination thereof. Unless expressly stated otherwise, all prices are always inclusive of the VAT applicable at the location of the Charging Station and in the national currency applicable at the location of the Charging Station.
It is noted that in the case of a tariff consisting (at least in part) of a price per kWh or a price per minute, the actual total cost of the Charging Process cannot be calculated and displayed in advance, as this depends on the actual amount of energy charged or the actual duration of the Charging Process. By agreeing to these GTC, you hereby expressly declare your consent hereto.
It is also noted that any additional fees or charges incurred at the location of the Charging Station for additional, ancillary or other services of third parties actually consumed by you in the course of the Charging Process are not included in the tariff displayed on the Mobile Payment Site. Additional costs may be incurred in particular for Internet use in connection with access to the Mobile Payment Site vis-à-vis your mobile operators and for parking your vehicle during the Charging Process vis-à-vis property owners or parking space managers at the location of the Charging Station. has·to·be has no influence on the occurrence and the amount of such additional costs. You are solely responsible for informing yourself about any additional costs and paying them to the respective prescribing bodies. By agreeing to these GTC, you expressly declare your consent hereto.
8) Payment providers, payment processing and payment reservation
Only the payment providers or cashless payment methods available on the Mobile Payment Site are accepted. In connection with the payment processing, additional conditions of your payment provider may apply, over which has·to·be has no influence.
Depending on the payment provider, has·to·be will either reserve an amount of up to EUR 80.00 or an equivalent amount in the national currency applicable at the location of the Charging Station on your means of payment or debit the respective amount as security. You are responsible for ensuring that the means of payment you have provided is valid, unblocked and has sufficient funds.
In the event that the actual total cost of the Charging Process is less than the amount reserved on your payment instrument or debited as security, the difference will be released or credited back to your payment means immediately after the successful completion of the Charging Process, but no later than within thirty (30) calendar days. In the event that the actual total cost of the Charging Process exceeds the amount reserved on your payment means or debited as security, the excess amount is due for payment immediately upon receipt of the invoice.
Charging Processes lasting less than two (2) minutes or falling below 0.1 kWh are considered faulty and will therefore not be charged. In this case, the entire amount reserved on your means of payment or debited as security will be released again on your means of payment or charged back immediately, at the latest, however, within thirty (30) calendar days.
9) Billing, payment, late payment and complaints
After successful completion of the Charging Process, you will receive an invoice for the actual total costs of the Charging Process from has·to·be. Invoices will only be sent electronically to the email address provided by you. Therefore, there is a rebuttable presumption that the invoice date corresponds to the date of delivery. By agreeing to these GTC, you expressly agree hereto.
You are obliged towards has·to·be to pay in full for the Charging Process carried out by you in accordance with the provisions of these GTC. If your means of payment is invalid or blocked, or if there is a shortage of funds, or if you or your payment provider subsequently cancel a payment transaction, has·to·be is entitled to compensation for payment of the actual total costs of the Charging Process as shown on the invoice plus any bank charges actually incurred. In these cases, the invoice date corresponds to the due date and has·to·be is therefore entitled to charge you interest on arrears of 4% p.a. from the invoice date.
If you are an Entrepreneur, you must notify has·to·be in writing of any deficiencies in the invoice within a reasonable period of time, at the latest, however, within fourteen (14) calendar days from the date of the invoice (§ 377 Austrian UGB).
If the Charging Station supports this, you can retrieve the signed measurement data for your Charging Process via the link https://ladevorgang.download/ , stating the invoice number and the Charging Process date, in order to subsequently be able to check its correctness, e.g. with the help of transparency software.
10) Your other obligations
You are required to provide all information on the Mobile Payment Site truthfully and completely and acknowledge that the information provided by you cannot be corrected on the invoice by has·to·be once the Charging Process has been completed. If the information you provide is false or incomplete, we may not be able to provide you with the legally required information and invoice for the Charging Process you have completed. In such cases, you expressly waive your right to the post-contractual provision of the legally required information on a durable medium and the transmission of the invoice for the Charging Process you have carried out. Your obligation to pay in full for the Charging Process you have carried out in accordance with the provisions of these GTC remains unaffected.
It is solely within your responsibility to select a Charging Station or Charging Point with the appropriate plug format for your vehicle for the Charging Process. Not all Charging Stations or Charging Points are compatible with all vehicles.
A defective or obviously damaged Charging Station must not be used. This may result in damage to your vehicle or personal injury. The same applies if the Charging Station displays an error message. Damage or error messages must be reported immediately to the Charging Station operator or any personnel present.
Charging Stations must always be used carefully and gently and in accordance with any operating instructions provided at the location of the Charging Station or in accordance with the instructions of any personnel of the Charging Station operator present. Any damage, in particular due to improper operation or use of incompatible plug formats, must be avoided.
You are also obliged to inform yourself about any additional prescriptions or regulations applicable at the location of the Charging Station, in particular operating instructions, road traffic and parking regulations as well as house or garage regulations, and to comply with them.
Subject to any deviating regulations applicable at the location of the Charging Station, you must remove your vehicle from the Charging Station immediately after completion of the Charging Process in order to free up the associated parking area for third parties.
11) Limitations of warranty and liability
has·to·be contractually obliges the Charging Station operators to maintain and repair the Charging Stations operated with be.ENERGISED and to ensure safe access and use of these Charging Stations.
However, has·to·be does not guarantee and is not liable for the availability or functionality of individual Charging Stations at all times and without interruption. This applies in particular to the performance of necessary maintenance and repair work as well as to disruptions, failures or damage to the Charging Station or the networks, obstructions to access to the Charging Station or events of force majeure that are beyond the sphere or control of has·to·be.
has·to·be will ensure that your vehicle is charged at the maximum possible charging power, but in accordance with the current network load, network capacity and safety-related parameters. The maximum available charging power is usually displayed or shown at the Charging Station.
However, has·to·be does not guarantee and is not liable for a specific charging power of individual Charging Stations or individual Charging Points. In particular, if several Charging Points of a Charging Station are used simultaneously by several vehicles, the charging capacity of the individual Charging Point may be reduced for technical reasons. In addition, has·to·be is entitled to adjust or completely suspend the charging capacity of individual Charging Stations or individual Charging Points according to the currently available total capacity of the grid connection.
Subject to the foregoing, the general statutory warranty provisions apply to Consumers with regard to the correct billing of the Charging Process. In relation to Entrepreneurs, the obligation to submit a written notice of defects within a reasonable period of time (§ 377 Austrian UGB) applies.
Furthermore, the liability of has·to·be for damages resulting from slight negligence is excluded both vis-à-vis Consumers and vis-à-vis Entrepreneurs. In addition, has·to·be's liability towards Entrepreneurs resulting from gross negligence is limited to direct damage, so that no liability is accepted for indirect damage, consequential harm caused by a defect, pure financial loss, in particular loss of profit, turnover, goodwill or savings not made. The aforementioned limitations of liability do not apply to personal injury. Furthermore, the aforementioned limitations of liability do not apply to Consumers for damages resulting from a breach of material contractual obligations. Claims for damages by Entrepreneurs shall become statute-barred within one (1) year after knowledge of the damage and the damaging party; the burden of proof for the existence of damage and for fault shall always lie with the Entrepreneur.
Insofar as the liability of has·to·be is excluded or limited according to the above provisions, this also applies to its managing directors, executive employees, (freelance) employees, representatives and other vicarious agents.
12) Right of withdrawal of Consumers
If you are a Consumer, you have the right to withdraw from distance and off-premises contracts within fourteen (14) calendar days from the date of conclusion of the contract (Withdrawal Period) without giving any reason. To exercise your right of withdrawal, you must notify has·to·be of your decision to withdraw from the contract concluded with has·to·be by means of a clear declaration. For this purpose, you can use the cancellation form contained in Appendix A of these GTC. It is sufficient to send the declaration of withdrawal within the Withdrawal Period.
If you withdraw from the contract, has·to·be shall immediately, but no later than fourteen (14) days after the day on which has·to·be receives your declaration of withdrawal, refund to you all payments already received from you, whereby has·to·be shall use the same means of payment for the repayment as you used for the payment transaction. However, the following exceptions apply:
- If the Charging Process is considered a service or a supply of electricity not offered for sale in a limited volume or a set quantity under the law of the country in which you have your habitual residence, then, by ticking the appropriate box on the Mobile Payment Site, you expressly request that has·to·be should already start providing the service or supply before the expiry of the withdrawal period and you confirm that you are not entitled to a right of withdrawal for the services actually consumed by you (performance of the Charging Process including the supply of electricity until the successful completion of the Charging Process) and that has·to·be is entitled to payment for the service actually provided to you (Article 14 para. 3 Directive 2011/83/EU).
- In addition, if the Charging Process is considered a service under the law of the country in which you have your habitual residence, you do not have a right of withdrawal if has·to·be, due to your express request in accordance with the preceding paragraph, has started the service before the expiry of the withdrawal period and has provided the service in full, i.e. after the successful completion of the Charging Process (Article 16 lit. a Directive 2011/83/EU).
- If the Charging Process is considered a supply of electricity (goods) offered for sale in a limited volume or a set quantity under the law of the state in which you have your habitual residence, you do not have a right of withdrawal (Article 2 para. 3 and Article 16 lit. f Directive 2011/83/EU).
13) Online Dispute Resolution for Consumers
If you are a Consumer, you have the possibility to submit complaints to the Online Dispute Resolution Platform of the European Commission. This can be accessed at the following link: https://ec.europa.eu/odr. The Online Dispute Resolution Platform can be used to settle extrajudicially any disputes arising from a contract concluded with has·to·be. has·to·be is not obliged to participate in such an extrajudicial dispute resolution procedure.
You can also send your suggestions or complaints directly to has·to·be. To do so, send an email to email@example.com or contact has·to·be using the contact form provided at https://support.has·to·be.com/hc/de/requests/new.
14) Data protection
has·to·be processes the personal data provided by you (email address and any other information you provide) solely for the purpose of fulfilling this contract, i.e. for carrying out and processing the cashless payment and electronic billing of a Charging Process at a Charging Station operated with be.ENERGISED. has·to·be will not use your personal data for purposes other than those stated.
The processing of personal data by has·to·be is carried out on the basis of the applicable data protection regulations, in particular in accordance with GDPR3.
15) Applicable law
These GTC shall be governed by Austrian substantive law excluding its conflict of law rules as well as the UN Convention on Contracts for the International Sale of Goods (CISG). If you are a Consumer, this choice of law shall only apply insofar as it does not restrict any mandatory statutory provisions of the state in which you have your habitual residence.
16) Place of jurisdiction
The place of jurisdiction for all disputes arising from or in connection with these GTC is the court at the registered office of has·to·be that is competent according to the amount in dispute. Vis-à-vis Consumers the statutory places of jurisdiction apply.
You must either send notifications in writing to the address stated in point 2) of these GTC or submit them using the contact form provided at https://support.has·to·be.com/hc/de/requests/new. Written notices shall be deemed to have been sent in due time if they are posted before expiry of the respective deadline (date of postmark). For notices submitted via the contact form, the time of sending the contact form shall apply.
18) Provision of and amendments to these GTCs
The current version of these GTC is placed on the Mobile Payment Site and will be sent to the email address you have provided, after successful completion of the loading process. In addition, you can access this version and older versions of these GTC at any time via our website https://has·to·be.com/en/.
19) Severability clause
Should a provision of these GTC be or become invalid due to mandatory legal regulations, the validity of all other provisions shall not be affected. With respect to Entrepreneurs, the invalid provision shall be replaced by a provision that comes as close as possible to the economic content of the invalid provision. With respect to Consumers, the statutory provision shall apply in place of the invalid provision.
Version: July 2021
- Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce')
- Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on Consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (‘Directive on Consumer rights’)
- Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)