for EMUs for the use of the be.ENERGISED COMMUNITY
§1 Contractual Subject
A charging card is an identification medium obtained by the EMU from their E-Mobility Provider (EMP). They are entitled to use the charging card at the charging stations, insofar as the EMP who has issued the charging card has concluded a contract with has·to·be for the use of the charging stations.
Direct payment is defined as any type of transaction via mobile devices, which triggers a payment process and thus allows a charging process to start.
A charging station refers to a device for the supply of electricity to electrically operated vehicles and which can be operated by has·to·be under its own name or on behalf of a third party.
The E-Mobility User (EMU) is, unless otherwise stated, a consumer within the meaning of the Consumer Protection Act.
§3 Contractual Subject
has·to·be grants the EMU the opportunity to use cashless services at designated charging stations either against direct payment via mobile devices or by presenting a charging card from an EMP, which has entered into a contract with has·to·be. It is expressly stated that this agreement does not oblige has·to·be to provide a service on a case-by-case basis. Successful charging can be influenced by many factors that has·to·be cannot guarantee against. A list of charging stations operated and managed by has·to·be can be accessed on the website https://emobility.community.
§4 Handling of charging operations
has·to·be provides the EMU with a list of charging stations managed by has·to·be on the website https://emobility.community. The charging stations managed by has·to·be are all equipped with a QR code, and in addition to the QR code have the “be.ENERGISED" logo as well as a unique “EVSE ID". The EMU is thus able to uniquely identify charging stations and their charging connections.
The EMU will connect their vehicle at a charging station according to the operating instructions, that may be shown on the charging station, and pay for the charging process using mobile devices. When paying via mobile devices, the customer can read the QR code attached to the charging station and then register for free for the use of the be.ENERGISED COMMUNITY.
If the customer has a charging card from an EMP, which has signed an access contract with has·to·be, the charging process can be started immediately without further identification by holding up the RFID charging card.
§5 Making payments
The EMU has the option of paying using mobile devices directly at the charging station. Payment can be made, depending on the station, either without registration (flat rates) or with required registration. The EMU has the option of registering for a virtual, free customer account in order to take advantage of performance-based billing of the charging operations.
Registering a customer account allows for the personal allocation of invoice data. Registration must be made using the first name, surname and email address, to which the invoice receipt will also be transmitted after the registration process has been completed. In addition to their personal data, the EMU also has the option of setting a different invoice address with a VAT identification number.
Before starting a charging process, the EMU is clearly presented with the cost of charging in the mobile application. By starting a charging process via the mobile application, the EMU explicitly accepts the pricing information presented in the mobile application.
When making a payment, an amount of € 80.00 Euros, or an equivalent amount in a currency different from EURO, is reserved on the payment medium chosen by the EMU. The reservation will remain until the charging process has been completed, but no later than 30 calendar days. Once a charging operation has been completed by the EMU, the effective costs of the charging process will be determined by the be.ENERGISED COMMUNITY and billed to the customer with the effective amount. The billed amount will be debited directly from the reserved amount on the payment medium specified by the EMU. The remaining open amount of the reservation will be automatically released after the debit has been successfully completed.
Immediately after payment, the invoice document for the operation of the charging process will be sent to the EMU as a PDF document to the email address provided at the time of registration.
§6 Implementation of roaming charging operations
If the EMU has a charging card from an EMP, which has signed an access contract with has·to·be, the charging process can be started immediately without further identification by holding up the RFID charging card. The charging process is automatically authorised in the background with EMP data for that EMU. When the EMP authorises the charging process, the charging process at the charging station is started automatically. Invoice data sets of the charging process are automatically transmitted to the EMP after the charging process is completed. The conditions for carrying out the charging operations are the responsibility of the EMU’s EMP, which authorised the charging process. has·to·be has no influence on the amount of fees the EMP charges the EMU for using the roaming charging stations of has·to·be.
§7 Services from has·to·be gmbh
The EMU is only entitled to make charging operations in accordance with the availability of the charging station. In the event of a malfunction, maintenance work, in case of technical defect or in the event of obstruction of access and the like, has·to·be shall not be liable. In addition, has·to·be does not guarantee a continuous availability of the charging stations. Where possible, availability will be displayed to the EMU in the mobile application at https://emobility.community.
has·to·be does not guarantee the charging power available at the charging stations. The charging power of the charging stations is usually displayed on the charging station. With a simultaneous use of the charging station by third parties, a reduction in the charging power of a single charging plug may be necessary. In addition, has·to·be is entitled to adjust and regulate the charging services at a charging station in relation to the overall power of the grid connection currently available at the charging station. has·to·be will ensure that the vehicles are charged with the greatest possible charging power, but in line with the current network utilisation, network capacity and safety-related conditions.
The fee displayed in the mobile application for the charging station refers only to the use of the charging station itself. The usage fee does not include any parking or stopping fees, which are charged directly on site by third parties. It is incumbent on the EMU to inform themself on-site of any additional fees and to pay said fees.
§8 EMU Obligations
The EMU undertakes to pay on-time the fees generated by the use of the charging station. If a payment medium has insufficient coverage or the EMU cancels a payment process in retrospect, has·to·be is entitled to compensation for the payment of the invoice amount. In the event of late payment, has·to·be is entitled to charge the customer interest on arrears of 10% above the discount rate of the Austrian National Bank.
The EMU must disclose any objections to the invoice within 30 days of receipt of the invoice, where after the expiry of this period, the invoice is deemed accepted.
Not all charging stations offer the same plug formats or are compatible to the same extent with the different vehicle models. The EMU is responsible for selecting a charging station with the right plug format. The EMU is also obliged, under consideration for other users of the be.ENERGISED COMMUNITY, to remove their vehicle from the charging station after the charging process has been completed and to make the parking area accessible again to third parties.
The EMU undertakes to avoid any damage to the charging stations and to use the charging stations carefully and correctly. They are obliged to report damage on the charging stations immediately to has·to·be and to refrain from using the charging station in the event of obvious damage to the charging station, which could potentially endanger error-free operation.
§9 Liability of has·to·be gmbh
has·to·be is liable to the EMU for the settlement of the charging processes undertaken by the EMU. It should be noted that has·to·be is not required to perform a service.
To the extent permitted by law, has·to·be’s liability for damages is limited under the basic value of the contract. The sum of the claims for damages of all claimants resulting from a single, time-related, rendered, definable and, in this respect, uniform performance is considered to be a single claim for damages. Liability for consequential damages, including the loss of profits and indirect damages, is excluded.
Any claim for damages by the EMU shall be statute-barred for twelve months, after the EMU’s knowledge of said damage.
has·to·be is not liable for the occurrence of a force majeure event that makes the fulfilment of the contract impossible, delayed or otherwise difficult. If such an event occurs on the side of a contracting partner, this must be communicated to the other contracting party without delay. Force majeure is tantamount to industrial action and similar circumstances.
§10 Term and termination
The contract between the EMU and has·to·be comes into being with the implementation of the first registration and runs indefinitely. A contract can be terminated by the EMU or by has·to·be on a daily basis without complying without time-limits. A simple email is sufficient for the termination. If the customer account is connected with a be.ENERGISED prepaid account, the termination terms of the prepaid account will thus apply.
§11 Disagreements between EMP and EMU on roaming charge cards
The EMU has to address and clarify disagreements concerning the basic business (for example, complaints about invoice content, invoice amount or warranty claims) exclusively to their EMP. has·to·be assumes no liability and does not provide communication in connection with the basic business that has taken place between the EMP and EMU.
§12 Data protection, disclosure of data
has·to·be undertakes to use data and processing results exclusively in the context of the processing of payment transactions, as well as the execution of charging operations at charging stations and to return only to the EMU only after the EMU’s written confirmation. Similarly, the use of the data handed over for has·to·be’s own purposes requires such a written confirmation.
has·to·be legally binding declares that they have obliged all persons entrusted with data processing to maintain data secrecy within the meaning of the 2016/679 EU GDPR Regulations before taking up the activity. In particular, the obligation to maintain confidentiality by the persons entrusted with data traffic remains intact even after the termination of their activities and the departure of has·to·be.
has·to·be legally binding declares that they have taken sufficient security measures within the meaning of Art. 32 EU GDPR to prevent data from being used unlawfully or made accessible to unauthorised third parties. Compliance with data protection mechanisms is documented in the has·to·be security regulations. has·to·be guarantees to fully implement the policy.
has·to·be processes the data collected and stored in the application in an anonymous, non-personal form and uses it, for example, to generate automated statistics, perform analyses or forecast system utilisation, or to predict availability or energy consumption. The anonymous data is also used for calculating predictive analytics (predictive maintenance). has·to·be guarantees that it is not possible to draw conclusions from a personalised data set.
If the EMU has expressly agreed to disclose data to the charging station owner (this is done by setting a corresponding confirmation before the start of a charging operation), they then expressly agree that has·to·be may transfer their first name, surname and submitted email address to the station owner.
§13 EMU Right of withdrawal
If an EMU, who is a consumer within the meaning of the Consumer Protection Act, has not given their contractual declaration in the usage framework of has·to·be for their business purposes, or at a stand used by them for this purpose at a trade fair or such, they may withdraw from their contract application or from the contract in accordance with § 3 KSchG. This withdrawal can be declared up until the contract is drawn up, or within 14 days (date of the postal stamp). The time limit begins with the execution of a document containing at least the name and address, which as the information necessary to identify the contract by has·to·be, as well as a notification on the right of withdrawal, the time limit for withdrawal and the procedure for exercising said right being given to the consumer, but at the earliest with the conclusion of the contract. If the execution of such a document has not been issued, the consumer shall be entitled to withdraw from the contract for a period of twelve months and 14 days from the conclusion of the contract. This right of withdrawal does not exist if the consumer has themself initiated this contract or if no meetings have preceded the conclusion of the contract, as well as in the case of contracts under the Austrian Distance Selling Act. The withdrawal is not tied to any particular form. It is sufficient for the declaration to be sent within the named time period. The consumer has the right to withdraw from a distance contract pursuant to § 3 Z 2 FAGG or from a contract concluded outside of business premises in accordance with § 3 Z 1 FAGG pursuant to § 11 FAGG. The withdrawal period is fourteen days from the date of conclusion of the contract. If has·to·be failed to comply with their duty to provide information in accordance with § 4 Para. 1 Z 8 FAGG, the deadline is extended by 12 months. If has·to·be delivers thereafter the information within 12 months, the withdrawal period ends 14 days after the consumer receives the information. The declaration of withdrawal is not tied to any particular form. It is sufficient for the declaration to be sent within the time limit. No reason is required to be given.
If the EMU has already used services (carrying out charging operations) before exercising their right of withdrawal, has·to·be is entitled to compensation for the services performed.
§14 Other provisions
The communication language between has·to·be and the EMU is German. The contract language is German. Exclusively Austrian law applies, with the exception of reference standards of the IPRG. The application of the United Nations Convention on International Purchase of Goods (UNCITRAL Purchase Rights Convention) is excluded. In case of dispute, the disputed value will be declared exclusively to the responsible Salzburg Court.
Important communications are made, insofar as no other single rules exist, in writing or by fax and must be addressed to a qualified contact person of the recipient. Notifications are deemed to have been sent on time if the document was given to the post office before the expiry of the relevant time limit (date of the postmark).
Verbal side agreements to these general provisions and this contract do not exist. Changes and additions to these general provisions or the contract require written form and must be explicitly referred to as amendments to the general provisions or contract.
The irrefutable presumption applies that the written form can never be deviated from by verbal agreement. The written form requirement is also maintained by use of a fax.
Multiple EMU’s are liable to has·to·be for an undivided hand.
Both parties undertake to transfer the rights and obligations to legal successors, whether through organisational changes, reorganisation measures or other measures, as a result of and in connection with this contract.
Should provisions of this contract be invalid, the remaining contract points shall remain unaffected. The parties undertake to agree on a provision as economically close to the invalid provision as possible, but which is, however, admissible.
Status: March 2018