General terms of prepaid account service
1 Object of the contract
The E-Mobility Provider (hereinafter EMP) allows E-Mobility Users (hereinafter EMU) the access to charging stations managed by the EMP itself or by third parties.
The user gets access to these stations and can charge his/her electric vehicle by paying a fee. For invoicing and billing, the E-Mobility provider uses products and services of the company "has.to.be GmbH", among which the prepaid account "be.ENERGISED" (hereinafter "billing system"). The billing system includes a rechargeable card and a prepaid account. The user will first have to recharge his prepaid account via the EMP web site and only afterwards activate the charging stations with his RFID card or the mobile APP easy4you.
2 Contract perfection
Billing system management can be done through the web portal.
The user must open a prepaid account on the EMP web site and has to recharge it in order to activate the charging stations via RFID card or mobile App easy4you.
In doing so the user signs a contract with the company has.to.be GmbH regarding the general conditions of the prepaid account service. The amount of the charging process will be charged to the prepaid account of the user according to the tariffs applied. The company has.to.be GmbH sends the user an e-mail as confirmation of the purchase, valid as receipt of the payment. The credit on the account is available immediately after having charged it and can be used by the user to perform charging operations according to his personal contract with the EMP.
3 Withdrawal right according to the distance contract act (FAGG)
According to Article 11 of the Distance Contracts Act (FAGG), the user may terminate this contract within 14 days from the date of the charging of his/her account. The withdrawal period begins with the cash transfer or payment of the initial charge on the account. If you wish to exercise your right of withdrawal from the contract you must expressly declare it to the company has.to.be GmbH, Salzburger Straße 20, A-5550 Radstadt. The contract will terminate in accordance with the resolution and expiration terms set forth in point number 8. It should also be noted that within the period of withdrawal, the performance of the contract can only be initiated after explicit consent of the user. In this case, we are entitled to claim the benefits and the compensation charges for the services provided by the company has.to.be GmbH before the expiry of the termination period due to the user.
4 Services of has.to.be GmbH
The company has.to.be GmbH is responsible for managing the payment process and charging the amounts on the account of the user. The company has.to.be GmbH also provides a receipt of the purchase transaction. The user can recharge his electric vehicle at the charging stations operated by the selected EMP that applies tariffs on the basis of his contractual terms. At the end of the charging process, the company has.to.be GmbH charges the gross amount of the process on the user's prepaid account and credits the sum to the EMP. According to a period defined by the Parties, the EMP sends a receipt to the user summarizing the services provided.
5 User duties
To charge his electric vehicle, the customer needs to make sure to have sufficient credit on his prepaid account or that his prepaid account has a payment method for automatic debit management that will allow to automatically recharge his credit.
If the account balance available is not enough to cover the cost of the charging process, the account is blocked by the company has.to.be GmbH and is no longer available for additional recharges.
The user is required to recharge his prepaid account within 7 days from the receipt of inadequate credit notification or to set up a payment method that allows to automatically recharge the account.
In case the prepaid account shows a negative balance, the company has.to.be GmbH credits to the EMP the amount for the transactions carried out correctly and the remaining amount the user owe the EMP continues to exist. The EMP can therefore demand payment of the debt based on the terms and conditions of the contract between the user and the EMP. The user also agrees not to cancel or reverse any debit transaction already settled on his account through his credit card.
6 has.to.be GmbH responsibility
has.to.be GmbH is responsible both for payments made to the EMP related to the user tariffs and for the amounts paid on the user prepaid account. The company has.to.be GmbH assures the user the availability of the sums paid by the user to his prepaid account and that these sum may be used to perform charging operations on a contractual basis. If the prepaid account credit is not adequately covered, the company has.to.be GbmH is not responsible for paying the amounts to the EMP. The company has.to.be GmbH is also not responsible for the execution of charging operations at EMP stations or third parties. has.to.be GmbH is not responsible for any damage to the user vehicle. The liability of the company has.to.be GmbH for small negligence is also excluded.
As far as legally permitted, the liability of the company has.to.be GbmH is limited to the damages included by the scope of the contract.
Claims for damages from customers in the same event are considered as one claim. Liability for implied damages, including loss of profits and indirect damages, is excluded.
Any claim for damages to the user lapses 12 months after the user has been informed of the damage and of the perpetrator of the damage.
The company has.to.be GmbH is not responsible for the occurrence of an event of force majeure which makes it impossible, delayed or otherwise prevented from fulfilling the contract. If such an occurrence happens by a contracting party, this shall be immediately notified to the contractual counterparty. Causes of force majeure are equivalent to similar circumstances and collective actions.
7 Charging process and credit refund
The user can charge up to 400 euros on the prepaid account. It is not possible to credit a larger amount. The company has.to.be GmbH allows the user to request the credit available on his prepaid account. The return can only be made through the payment method used by the user to recharge his account (credit card, wire transfer, PayPal). If, at the time of the refund, the payment method no longer exists or expires (such as for credit cards, for example), the refund cannot be made. The refund of the credit charged to the prepaid account implies a one-off fee cost of Euros 10 (€) which is stated on the receipt sent to the user. This amount is deducted from the credit to be returned and the amount is then repaid to the customer based on the payment method used. Credit repayment must take place within the time limits set out in point 8 "Duration and withdrawal". There is no interest rate for the balances held.
8 Duration and withdrawal
The contract between the user and the company has.to.be GmbH starts with the first recharge of the prepaid account, has a minimum duration of 24 months and ends automatically with expiration of the account validity. Each charge is valid for 24 months and automatically lapses at the end of this period if the user fails to charge within this deadline. With a new recharge, the validity of the account is automatically extended for other 24 months.
If, at the end of the contract expiration, the user still have credit on his prepaid account, he can claim a refund as per point 6 of the general terms and conditions of the prepaid account service. The refund request can be made via EMP web site or via e-mail at firstname.lastname@example.org. If no claim for reimbursement of the remaining credit is received within 12 months from the expiration of the contract, the possibility of request (Article 9 "Prescription") shall lapse.
The possibility of claiming the repayment of the remaining credit on the prepaid account lapses in any case after one year from the end of validity of the account itself.
10 Closing and improper use
In the event of loss or theft of the RFID card, the user is required to block his/her prepaid account through the EMP web site.
If the user does not comply with his/her obligations, it is the responsibility of the company has.to.be GmbH to extinguish the prepaid account for improper use. If the company has.to.be GmbH finds improper use of the prepaid account is allowed to close it without giving notice to the user. When a prepaid account is closed, the user is informed about the reason for the block and may express himself/herself in this regard. If the allegation of improper use prove to be incorrect, the account will be unlocked by the company has.to.be GmbH. If the company has.to.be GmbH can unequivocally demonstrate the improper use of the prepaid account, the same company has the right to withdraw the prepaid account without prior notice. A fee of 100 (one hundred) euro is applied for the account closure. In the event of a legitimate termination, the user may ask in writing within 14 days from the closing that the remaining credit will be returned to him/her and the tax of 100 (one hundred) euro will be deducted. Once this deadline has expired, the possibility of a request is declined.
Note: Credit available on user prepaid account, in the contractual relationship with the EMP, can be used as cash. Therefore, in the event of loss or theft of the RFID card associated to the prepaid account, this card can then be used without security devices to purchase charges. It is therefore advisable to carefully store your RFID card.
11 Disputes between EMP and user
In the case of dissents related to charging processes (e.g. claims against the content or amount of invoices or regarding the guarantee), the user must contact only the EMP to clarify the disputes. In relation to these disputes, the company has.to.be GmbH assumes no responsibility and does not interfere in the communication between the EMP and the user.
12 Costs and fees
Opening and recharging the prepaid account are free for the user. The company has.to.be GmbH merely counts a fee for the repayment of the remaining credit.
13 Data protection
The company has.to.be GmbH undertakes to use the data and the results processed solely in the context of transactions made by the user prepaid account and to provide such data exclusively to the user or to transmit them to third parties only and only after a written delegation by the user. The user authorizes the company has.to.be GmbH to transmit to the EMP the data necessary for the fulfilment of the contract.
The company has.to.be GmbH takes responsibility for providing instructions to its data processing manager to operate pursuant to Law no. 675 of 31 December 1996 "Protection of persons and other subjects with respect to the processing of personal data"
The company has.to.be GmbH undertakes to ensure that all persons involved in the processing of data act in compliance with the confidentiality of the same data pursuant to Law no. 675 of 31 December 1996 "Protection of persons and other subjects with respect to the processing of personal data".
In particular, the obligation of privacy of persons responsible for data processing must be maintained even after the end of activities and withdrawal from the contract with the company has.to.be GmbH.
The company has.to.be GmbH declares to take security measures pursuant to Law no. 675 of December 31, 1996 "Protection of persons and other subjects with respect to the processing of personal data" in order to prevent the data from being used improperly or being accessible by unauthorized third parties.
Please note that the company has.to.be GmbH stores the personal data of the user electronically in its electronic database for at least 7 years and in accordance with the Data Protection Act (Law 675/1996).
14 Possible provisions
The language used for communications between has.to.be and the user is German and the contract is also in German. Only Austrian law is applied, with the exception of the normative references to Swiss Private International Law (IPRG). The application of the United Nations Convention on the International Sale of Goods (UNCITRAL Convention on Contracts for the International Sale of Goods) is excluded.
In the event of a dispute, the court of Salzburg will only be liable.
Important communications must be formalized in writing or by fax, unless otherwise indicated in the individual case and must be addressed to a qualified contact person of the recipient. Such communication shall be deemed valid if forwarded in good time when the document is validated by the post office before the end of the period (date of postmark).
There are no valid verbal agreements between the Parties and which are outside the scope of this contract. Any amendment or integration to the General Terms and Conditions or this Agreement must be made in writing and must be expressly indicated as changes to the General Provisions or the Contract.
The written form can never be altered by verbal agreements and it is also protected by a facsimile.
Many users join solid has.to.be GmbH.
Both Counterparts undertake to respect the rights and obligations arising from and on the basis of this contract either through organizational changes, reorganization measures or other measures.
If the provisions of this contract are invalid, the remaining contractual terms remain unchanged. The Contracting Parties undertake to replace the invalid provision with a provision economically close to this regulation which is, however, admissible.