GENERAL TERMS AND CONDITIONS for the use of "E-Services" of ENIO GmbH
(if the contract is concluded before 01.02.2021, the validity according to chapter 7 starts from 01.04.2021)
1 General information
The present terms and conditions apply to all contracts concluded between the client (in short AG) and ENIO GmbH, Geyschlägergasse 14, 1150 Vienna, FN 407383v HGR Vienna, UID-Nr.: ATU68369277, DVR: 4017329 as order taker (in short ENIO) regarding "E-Services".
In this context, the term "e-services" refers to the activation, management and billing of services such as the charging of electric vehicles at electric charging stations or the activation of electric devices by control units. This also includes the use of the associated software applications and billing systems for the Internet (web) and mobile phones (app).
The valid AGB-E-SERVICES are published on the ENIO homepage www.enio.at.
2 Subject matter of the contract
Subject of the present Agreement is the use of "E-Services" at electric charging stations and equivalent control units of ENIO and electric charging stations of other operators, which are activated for the use of "E-Services", including the billing of these usage transactions by ENIO.
The contract includes the applicable tariffs for the use of "E Services".
3 Conclusion of contract
The contract may
- in writing at authorised locations by obtaining an RFID card or payment of a card fee by the Client and the associated acceptance of the AGB-E-SERVICES by the Client,
- by registration of the client(s) in the ENIO customer portal (incl. confirmation of the present GTC-E-SERVICES and acceptance of the transmitted link),
- by downloading an ENIO-APP and accepting the confirmation field of the AGB-E-SERVICES during the app installation or
- in the case of anonymous use of "E-Services" (without registration) and the associated acceptance of the GTC E SERVICES by the Client(s) (implied conduct).
4 Scope of services and area of application
Upon conclusion of the contract, the Customer shall be entitled to use the corresponding "E-Services" at the respective valid tariff - in compliance with the instructions additionally indicated at the electric charging point/electrical device.
The currently valid tariffs can be viewed at www.enio.at, in the ENIO customer portal or directly in the ENIO APP.
We explicitly point out that ENIO has no influence on the tariff design of third party partners (e.g. ENIO roaming partners). If third party customers use "E-Services" of ENIO by means of a valid roaming access authorization, third party partners are entitled to charge different prices to their customers, but ENIO does not assume any responsibility for their design. In this case the present GTC-E-SERVICES apply in all areas except for the tariff design.
Furthermore the client is entitled after conclusion of the contract to use the electronic media and the software for "E-Services" provided by ENIO in the respective version and functionality on the internet or as app according to the conditions stated below.
The use of "E-Services" and the associated hardware and software is only possible subject to their availability. Maintenance work, justified or unauthorised use by third parties, technical defects, voltage fluctuations or other events may reduce availability. ENIO makes every effort to ensure the highest possible availability, but does not guarantee any particular availability.
In case of electric charging stations - if not stated separately - the parking fees for stopping and parking of the vehicles are not included in the tariffs for "E-Services" stated by ENIO. The local regulations of the respective responsible municipality or other operators of parking areas must be observed.
5 General obligations and liability
The following obligations/rules are to be observed by the Client when using "E-Services" of ENIO:
The Client is obliged to use the electric charging points or devices in such a way that no damage occurs and the Client itself or third parties are not endangered.
The operating instructions of the system operators and vehicle and equipment manufacturers must be followed. The Principal shall take all measures to avoid hazards, accidents or damage in his area of responsibility.
RFID cards or access data for web and app are to be stored securely by the AG. The Principal is liable for the fee arising from the use of the "E-Services".
In case of theft or loss of the RFID card, this must be reported to ENIO immediately. If misuse of the app or the web account is suspected, this must also be reported to ENIO immediately or the password must be changed in the settings. Replacement cards are available for a fee from ENIO.
Upon termination of the contract the access data of the Client(s) will be deleted by ENIO immediately. Records, which serve for the documentation of invoice-relevant data and the proof and verification of invoices, will be further processed by ENIO according to the DSGVO and deleted after expiry of the legal retention periods.
The use of "E-Services" of ENIO are at the risk of the CL. ENIO is not liable for damages caused by improper or faulty use, lack of availability of the electric charging station/control devices or by lack of power supply, network service as well as telecommunication services or by improper use of third parties. A liability of ENIO for damages caused by the use of hardware of third parties is excluded.
In case of questions of fault, except in cases of personal injury, liability is only assumed in case of intent and gross negligence. The liability of ENIO for consequential damages, loss of profit, indirect and incidental damages is excluded. Claims for damages can only be asserted within 6 months from knowledge of damage and damaging party, unless the time limits towards consumers in the sense of the KSchG are applicable.
6 Obligations when charging electric vehicles at electric charging points
When using "E-Services" to charge electric vehicles at electric charging points, the following obligations must be borne by the Principal in addition to the general obligations:
The parking of an electric vehicle at an electric charging point and the use of "E-Services" for charging electric vehicles at electric charging points is at the risk of the AG.
The electric vehicle must be parked properly in the parking space Charge point assigned to it. Particular attention must be paid to the fact that
- undamaged, approved and safe plugs and cables are used,
- there is as short and safe a connection as possible between the electric vehicle and the electric charging point,
- if necessary, only approved adapters are used for the connection,
- approved adapters may only be used in accordance with the applicable safety rules,
- charging cables are laid in such a way that passers-by or other vehicle users are not obstructed or endangered (e.g. by tripping).
The AG is liable for compliance with the respective valid technical regulations regarding the electric vehicle and, if the charging cable is not permanently attached to the electric charging point, also for those of the charging cable.
7 Amendment of contract
ENIO is entitled to receive the fee for "E-Services" in the amount of the tariffs contractually agreed with the Client(s). ENIO is entitled to amend the contract. Information about an amendment of the contract will be published on the website of ENIO at least 2 months before coming into effect. Furthermore, planned changes of the contract will be communicated to the CL - with simultaneous notice of change by ENIO - in writing by e-mail or by message via the ENIO customer portal. Should the CL notify ENIO within four weeks from written notification of the CL in written form that the CL does not accept the change, the contract ends two months after publication of the contract change. Until this time the regulations and tariffs of the old contract are valid. If the client does not object within four weeks, the new contract including the tariffs contained therein shall become effective at the time stated in the written notification.
In the event of an objection, however, the Principal shall continue to be obliged to fulfil all obligations arising up to the termination of the contract.
Changes to the contact information (such as, in particular, service hotline, addresses, contact persons, bank details) and other information required for the performance of the contract and specified in the contract shall not constitute changes to the GTC-E-SERVICES or the contract. Such changes can be communicated to the client in written form. Changes of the ENIO roaming partners or their tariffs are also no changes of the contract.
Special tariffs, performance based time tariffs and optional cost shares, which are related to an "E-Service" and which are not charged to the CL on an ongoing basis, may be changed by ENIO at any time without notice, provided that these tariffs are below the related standard tariffs and the CL has the possibility to select or waive these tariffs before using the "E-Service".
The charged period of use is given by the time span of beginning and end of the "E-Service" and starts only from proper authorization. If due to an error at ENIO no "E-Service" is established, no billing takes place. If no "E-Service" is carried out due to an error at the E-vehicle/electrical device or an operating error of the Principal(s), the due date of the fee in case of time-based billing is the same as in case of successful use of the "E-Service".
In the case of time-based "E-Services", billing takes place on a per-minute basis. This means that for each full minute 1/60 of the E-Service costs per hour are charged.
In the case of tariffs based on the amount of energy, billing is based on the amount of energy actually supplied, measured using a suitable meter.
For the use of "E-Services" for charging electric vehicles at electric charging stations, ENIO also offers the following additional tariffs:
Performance-based time tariffs ("fair use" tariffs):
In order to grant the customer a corresponding cost reduction for e-vehicles with low charging capacities, it is possible to use a performance-based time tariff at selected electric charging points. A prerequisite for the use of such a tariff is the registration for the performance-based time tariff as part of the registration process. As a result, only charging processes with electric vehicles of the specified performance class or below may be used on the basis of the converted contract. The charging processes assigned to the contract will be charged at the more favourable tariff, provided that the respective electric charging point has a corresponding tariff. If electric vehicles are charged with higher charging power despite using the reduced tariff, ENIO is entitled to charge the difference to the standard tariff and to additionally charge an administration surcharge in the amount of 100 % of the standard tariff. The billing of the performance based time tariffs is carried out analogous to the billing of the time based tariffs.
Special flat rates (only when using the ENIO-APP) :
At electric charging points in the ENIO energy management network, ENIO offers special flat-rate tariffs (e.g. "Spartipp"). A special flat rate is the offer of ENIO to deliver a - before the start of the charging process - defined amount of energy in a - also before the start of the charging process - defined dwell time for a flat total price.
In order to use these special flat rates, the customer must enter the planned dwell time (date & time) and the desired amount of energy in kWh during this time via the ENIO APP. Special flat rates are calculated before the start of the charging process in the ENIO energy management network and depend, among other things, on the current capacity utilisation of the charging infrastructure, the demand reports of other drivers, the capacity utilisation of the electricity grid, the design of the connected load or the availability of renewable energy and the time flexibility of the customer.
The respective charging power is flexibly controlled by ENIO during the charging process and in accordance with the specified parameters. It is expressly pointed out that the charging process does not have to be carried out continuously or immediately. It may therefore happen that the desired amount of energy is supplied right at the start, distributed over time or towards the end of the specified charging period.
ENIO assures the delivery of a major part of the requested energy quantity in the specified period. If there is no or only a reduced energy supply in the agreed period due to reasons for which ENIO is responsible, the Client(s) will receive the charging process free of charge in case of a supply below 75 % of the desired energy quantity. All further claims or other damages against ENIO in particular for loss of profit or replacement measures are excluded.
In the event of premature termination of the charging process by the Customer or by the electric vehicle, reduction of the possible charging capacity by the Customer or by the electric vehicle as well as other reasons for which the electric vehicle or the Customer is responsible, the total price agreed prior to the start of charging shall be invoiced to the Customer - just as in the event of proper delivery of the specified quantity of energy.
If the electric vehicle remains at the electric charging point after the charging time agreed for the special flat rate, the normal rate shall apply after the agreed charging time and until the AG actually stops using the electric charging point.
For charging processes of the Principal(s) via RFID card or ENIO APP at electric charging points of ENIO roaming partners, the roaming tariffs listed in the ENIO customer portal or on the ENIO website are charged. These may differ from the tariffs listed at the electric charging points on site. For charging processes at electric charging points of ENIO roaming partners the GTC-E-SERVICES of ENIO apply as well.
8 Billing and payment
In order to be able to perform "E-Services", the Principal(s) must by default make an advance payment in the ENIO customer portal before using an "E-Service". The necessary credit can be topped up in the customer area of the registered CL via a secure payment platform, e.g. by credit card.
The credit represents a non-refundable prepayment for the future use of "E-Services". An invoice for the prepayment can therefore be retrieved immediately after payment of the credit or in case of an existing contract at any time (but at the latest 24 months after payment by the customer) in the ENIO customer portal. A postal sending of invoices is not intended. In addition, the information about all "E-Services" such as costs, date, duration of use and, if applicable, energy quantities are available to the CL in the ENIO customer portal.
The amount of the current credit is available in the ENIO customer portal. Also available for registered customers in the ENIO customer portal are all details of the individual charging processes. If negative credit balances are allowed by ENIO, they have to be balanced immediately, negative credit balances can be reminded and made due by ENIO after three months. Enio reserves the right to refuse registrations.
If there are objections to charged charging processes or credit bookings, the customer may assert these objections in writing to ENIO within 3 months after charging of the objected amount or after deduction from the credit account. Upon receipt of the written objection ENIO will verify the correctness or the justification of the disputed charging and inform about the result of the verification.
If the customer does not assert his/her objections within the stated period, this shall be deemed an acknowledgement of the correctness of the invoiced credit balances and charging processes and associated credit balances and amounts.
9 Data processing for contract performance
With the conclusion of a contract, the client has also accepted ENIO's data protection declaration. In doing so, the Principal acknowledges that ENIO acts as the responsible party within the meaning of the Data Protection Basic Regulation (EU) 2016/679 ("DSGVO") and processes personal data to fulfil the contract. Further information on data protection can be found in ENIO's data protection declaration.
10 End of contract
Unless otherwise agreed in writing, the contract is concluded for an indefinite period. The contracting parties are entitled to terminate this contract by giving 8 weeks' notice to the end of each calendar month, unless there is a right of withdrawal in accordance with Chapter 11. Any credit balances can be used up during this period, after which access is deactivated and the customer's data is deleted, unless there are legal obligations to retain it in accordance with the DSGV.
If, for special reasons such as the impossibility of further use due to relocation abroad, deregistration of the e-vehicle, etc., a refund of the advance payment is necessary, this will be made against the following expense statement, which will be deducted directly from the credit to be refunded.
To do so, please send an e-mail to firstname.lastname@example.org or a letter by post to ENIO GmbH, Geyschlägergasse 14, 1150 Vienna, Austria with the following data:
- Card number and name of the recipient (in the case of washing cards, also the name of the cooperative)
- Indication of the credit balance
- bank account number
- telephone number
- with the note: "Return transfer of the credit over xxx,xx €!"
- Indication of the extraordinary reason for withdrawal
The amount is the balance you last saw at the terminal or on the platform with your ID card.
The exact credit and telephone number are used to verify and legitimize the repayment request.
A processing fee of 10.00 EUR will be charged for the return transfer of the credit.
These will be deducted from the existing credit balance and the difference will be transferred to the named account.
11 Right of withdrawal of consumers (private customers)
Right of withdrawal of consumers (private customers) from a contract concluded at a distance or off-premises in accordance with Section 11 of the Distance and Off-premises Selling Act (FAGG) and on the right of withdrawal of consumers (private customers) in accordance with Section 3 of the Consumer Protection Act (KSchG).
The customer may withdraw from an off-premises contract (§ 3 Z1 FAGG) and from a distance contract (§ 3 Z2 FAGG) according to § 11 FAGG. If the CL has not made the contract declaration neither in the rooms permanently used by ENIO for its business purposes nor at a stand used by ENIO at a fair or market, the CL may withdraw from the contract application or from the contract according to § 3 KSchG. The withdrawal period is 14 days from conclusion of the contract. The indication of reasons is not required.
In order for the Client(s) to exercise the right of withdrawal, the Client(s) must inform ENIO by means of a clear declaration (e.g. by mail, or e-mail) about the Client(s)' decision to withdraw from the contract. To comply with the withdrawal period it is sufficient that the client(s) submits the notification about the exercise of the right of withdrawal before the expiry of the withdrawal period. If the CL withdraws from the contract according to § 11 FAGG, ENIO has to refund to the CL all payments received by ENIO from the CL, including delivery costs (with the exception of additional costs resulting from the fact that the CL has chosen another kind of delivery than the cheapest standard delivery offered by ENIO), without delay and at the latest within 14 days from the day on which the notification of withdrawal from the contract has been received by ENIO. For this repayment ENIO uses the same means of payment, which the customer used for the original transaction, unless explicitly agreed otherwise with the customer; in no case the customer will be charged for this repayment. If the CL has explicitly declared that the use of the "E-Services" shall start during the withdrawal period, the CL has to pay the amount corresponding to the share of the "E-Services" already provided until the withdrawal date compared to the total scope of the "E-Services" provided for in the contract.
Sample text for the exercise of the revocation by the AG (right of withdrawal):
To ENIO GmbH, Geyschlägergasse 14, 1150 Vienna, Fax +43 (0)1 934 6681 - 800, email@example.com
I revoke the "ENIO-SERVICE CONTRACT" concluded by me on "DATE OF CONTRACT SIGNATURE" with the card number "PLEASE ENTER NUMBERS".
First name, last name: "NAME OF THE AG".
Postcode, town, street, number/stairs/door: "ADDRESS OF THE AG".
Date "DATE OF RETIREMENT" Signature "(ONLY IF MENTIONED ON PAPER);
Austrian law applies. For all disputes arising from the contract, the competent courts in Vienna shall have exclusive jurisdiction. For clients who are consumers within the meaning of the KSchG, the place of jurisdiction shall be the domicile, habitual residence or place of employment of the client in accordance with § 14 KSchG.
13 Deviating agreements
Agreements which deviate from the contractual conditions stipulated here must be in writing in order to be effective and must be signed by the AG as well as by ENIO.
14 Severability clause
If one or more provisions of these Terms and conditions are wholly or partly legally ineffective, this does not affect the validity of the remaining provisions. In the place of the ineffective provisions, retroactively, a content-like arrangement occurs, which comes closest to the purpose of the intended regulation.
15 Information on products and services
Changes, printing errors and mistakes in the descriptions of the products and services of the homepage and information material are expressly reserved.