General terms and Conditions
for the use of "E-Services" of ENIO GmbH (short AGB-E-SERVICES)
Version July 2023
ENIO GmbH provides information technology services for the client.
The present General Terms and Conditions (GTC) shall apply to all present and future 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 the performance of "E-Services", even if in individual cases no explicit reference is made to the GTC when concluding the contract. The terms and conditions of the client are only valid, if they are explicitly accepted by ENIO in written form.
"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. Included here is also the use of the associated software applications and billing systems for the Internet (web) and cell phones (app).
"ETSweb": Software and ETZ management system. This is an Internet platform of the company ENIO GmbH, via ETSweb the user identities, their prepaid accounts, prices and payment methods are controlled.
"ETZ terminal": can identify the customer, enable operations of electrical appliances and accurately register their consumption; are operated online via LAN or GS; with the ETSweb platform.
"RFID Card": means a credit card-sized transponder card with a built-in contactless microchip (Radio Frequency ID) and is used to identify the Customer via an internal electronically readable UID number.
- Subject 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 exact scope of ENIO's services is defined in the respective contract with the Client.
- Contract conclusion
The contract may
- in writing at authorized points by obtaining an RFID card or payment of a card fee by the AG and the associated acceptance of the GTC-E-SERVICES by the AG,
- by registration of the AG 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 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 behavior)
ENIO reserves the right to refuse the conclusion of contracts by and registrations of the AG at its own discretion.
- Scope of services and scope 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 tariffs 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. ENIO does not assume any liability for their design. In this case the present GTC-E-SERVICES apply in all areas except for the tariff design.
If ENIO arranges services of third parties on request of the CL, these contracts are concluded exclusively between the CL and the third party according to the respective terms and conditions of the third party. ENIO is only responsible for the services provided by itself.
Furthermore, after conclusion of the contract the CL is entitled 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 in these GTC.
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, the parking fees for stopping and parking of the vehicles are not included in the tariffs for "E-Services" quoted by ENIO - unless stated separately. The local regulations of the respective responsible municipality or other operators of parking areas have to be observed.
- Cooperation obligations of the AG
The CL undertakes to support all measures required for the provision of services by ENIO. The CL further undertakes to take all measures necessary for the fulfillment of the contract, which are not included in the scope of 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 customer undertakes to follow the operating instructions of the plant operators and vehicle and equipment manufacturers. The customer must take all measures to avoid hazards, accidents or damage in his/her area of responsibility.
The Client undertakes to treat the passwords and log-in data required for the use of the E-Services confidentially. In case of theft or loss of the RFID card, this must be reported to ENIO immediately. In case of suspicion of misuse of the app or the web account this must also be reported to ENIO immediately respectively a change of the password in the settings must be made. Replacement cards are available for a fee from ENIO.
- Obligations when charging electric vehicles at electric charging stations
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 shall be properly parked in the parking space assigned to Charge point . The Client undertakes to
- use only undamaged, approved and safe plugs and cables;
- to ensure that the connection between the electric vehicle and the electric charging station is as short and safe as possible;
- to use only approved adapters for connection, should their use be required;
- use approved adapters only in accordance with the applicable safety rules;
- Place charging cables only in such a way that passers-by and/or other vehicle users are not obstructed or endangered (e.g. by tripping).
The Customer undertakes to comply with the applicable technical regulations with regard to the electric vehicle and, if the charging cable is not permanently attached to the electric charging point, also with regard to the charging cable.
- Amendment of the contract and or the general terms and conditions
ENIO is entitled to change the contract and these GTC unilaterally. Information about an amendment of the contract will be published on the website of ENIO at least two months before coming into effect. In addition, planned changes of the contract and/or the GTC 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 or GTC 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 in 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 AG in written form. Changes of ENIO roaming partners or their tariffs do not constitute an amendment of the contract. ENIO is furthermore entitled to transfer the contract to a company affiliated with ENIO under group law without the consent of the CL.
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".
- Tariff design
ENIO is entitled to receive the fees for "E-Services" in the amount of the tariffs contractually agreed with the Client(s), which are shown on the ENIO website and app. The amount of the listed tariffs includes VAT. The choice of the respective tariff by the client is made in the course of the user account registration.
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 in the sphere of ENIO no "E-Service" is established, no settlement 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 CL, this is to be assigned to the sphere of the CL and ENIO is entitled to the fee with time-based billing 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 additionally offers the following 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 stations. The 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 that more favorable tariff, provided the respective electric charging point has a corresponding tariff. If electric vehicles with higher charging power are charged at that 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 service based time tariffs is done analog 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 and 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 utilization of the charging infrastructure, the demand reports of other drivers, the utilization of the power 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 for reasons for which ENIO is responsible, the client(s) will receive the charging process free of charge in case of a supply of less than 75% of the requested energy quantity. All further claims or other damages against ENIO in particular for lost profit or replacement measures are excluded.
In case of premature termination of the charging process by the customer or by the electric vehicle, in case of reduction of the possible charging power by the customer or by the electric vehicle as well as due to other reasons for which the electric vehicle or the customer are responsible and which are not in the sphere of ENIO, the flat rate total price agreed before the start of charging will be charged to the customer - as well as in case of a proper delivery of the indicated amount 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 Client(s) by means of RFID card or ENIO APP at electric charging stations of ENIO roaming partners, the charging is based on the roaming tariffs listed in the ENIO customer portal or on the ENIO website. It is expressly pointed out that these may differ from the tariffs listed at the electric charging points on site. For charging processes at electric charging stations of ENIO roaming partners, the GTC-E-SERVICES of ENIO apply as well.
- Billing and payment
In order to be able to carry out "E-Services", the Client 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 AG via a secure payment platform, e.g. by credit card. This credit represents a non-refundable advance payment for the future use of "E-Services". An invoice for the advance payment can therefore be retrieved immediately after payment of the credit or, if the contract is still valid, at any time (at the latest, however, 24 months after payment by the client) in the ENIO customer portal. Invoices are not to be sent by post. In addition, the information on 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 as well as all details of the individual charging processes are available for registered customers in the ENIO customer portal. If negative credit balances are allowed by ENIO, they have to be settled immediately, negative credit balances may be due and reminded by ENIO after three months.
If there are any objections to invoiced charging processes or to credit bookings, the customer may assert these objections in writing to ENIO within 3 months after settlement 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 the customer about the result of the verification within a period of 4 weeks.
If the Client does not raise his/her objections within the specified period, this shall be deemed to be an acknowledgement of the correctness of the billed credits and loading operations and the associated credits and amounts.
Offsetting is only allowed for the customer with a counterclaim recognized by ENIO or legally established. The client is not entitled to a right of retention, this applies subject to mandatory consumer law provisions, in particular § 6 Abs 1 Z 8 KSchG.
The use of the "E-Services" offered by ENIO is at the risk of the Client. 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 to the broadest legal extent.
ENIO is liable to the client exclusively for demonstrable damages caused by ENIO as far as legally permissible only in case of gross negligence. This applies analogously also for damages caused by third parties engaged by ENIO for the fulfillment of the agreed service.
The liability of ENIO for indirect damages, like loss of profit, costs, which are connected with a business interruption, loss of data or claims of third parties - is explicitly excluded to the broadest extent permitted by law. Claims for damages can only be asserted within 6 months from knowledge of damage and damaging party, unless the time limits for consumers in the sense of the KSchG are mandatory.
The Client shall be liable for the fee arising from the use of "E-Services".
- Force majeure
As far and as long as obligations cannot be fulfilled in due time or not properly due to force majeure, e.g. war, terrorism, natural disasters, fire, strike, lockout, embargo, sovereign interventions, failure of power supply, failure of means of transport, failure of telecommunication networks or data lines, changes of law affecting the services after conclusion of the contract or other unavailability of products, this does not constitute a breach of contract by ENIO.
- Data processing for contract fulfillment
ENIO will observe the regulations of the Data Protection Act (DSG), the DSGVO and as far as applicable the Telecommunications Act (TKG 2021) when handling personal data and will take the necessary technical and organizational measures for data protection in the area of responsibility of ENIO.
ENIO commits in particular its employees to comply with the provisions according to § 6 of the Data Protection Act.
- Term of the contract
Each contractual partner shall be entitled to terminate the contract prematurely and without notice for good cause by registered letter or by e-mail. Good cause shall be deemed to exist in particular if the respective other contracting party breaches material obligations under the contract despite written warning and threat of termination or if bankruptcy or other insolvency proceedings are filed against the other contracting party, are opened or are rejected for lack of assets or if the services of the other contracting party are impeded or prevented for a period of more than six months as a result of force majeure.
ENIO is furthermore entitled to terminate the contract prematurely for an important reason, if essential parameters of the service provision have changed and ENIO can no longer be expected to continue the services from an economic point of view for this reason.
Unless expressly agreed otherwise, the contract is concluded for an indefinite period. The contracting parties are each entitled to terminate this contract by giving 8 weeks' notice to the end of each calendar month by e-mail to firstname.lastname@example.org or by registered letter by registered mail to the address ENIO GmbH, Geyschlägergasse 14, 1150 Vienna, Austria unless a right of withdrawal according to chapter 15 exists.
Any credit balances may be used up during this period, after which access will be deactivated and the customer's data deleted, unless there are legal obligations to retain it.
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.
For this purpose it is necessary to send an e-mail to email@example.com or a registered letter to the address ENIO GmbH, Geyschlägergasse 14, 1150 Vienna, Austria with the following data:
- Card number and name of the recipient (in the case of wash cards also indication of the cooperative)
- Specification of the recipient credit
- 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 last displayed to the AG at the terminal or on the platform with his/her 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.
- 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 a contract concluded outside business premises (§ 3 Z1 FAGG) and from a distance contract (§ 3 Z2 FAGG) in accordance with § 11 FAGG within 14 days without giving reasons.
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 decision of the client(s) to withdraw from the contract. To comply with the withdrawal period it is sufficient that the CL(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 will repay 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 a type of delivery other than the most favorable standard delivery offered by ENIO), without undue 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 that the client used for the original transaction, unless explicitly agreed otherwise with the client; in no case the client will be charged additional fees in connection with this repayment. If the Client has expressly stated that the use of the "E-Services" is to begin during the withdrawal period, the Client shall pay the amount corresponding to the proportion of the "E-Services" already provided up to the time of withdrawal compared to the total scope of the "E-Services" provided for in the contract.
Sample text for the exercise of the right of withdrawal by the Client(s) (right of withdrawal):
To ENIO GmbH, Geyschlägergasse 14, 1150 Vienna, Fax +43 (0)1 934 6681 - 800, firstname.lastname@example.org
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 "RETIREMENT DATE" Signature (ONLY IF MENTIONED ON PAPER);
Unless otherwise agreed, the statutory provisions applicable between entrepreneurs shall apply exclusively in accordance with Austrian law, even if the order is executed abroad. For any disputes, the local jurisdiction of the court having subject-matter jurisdiction for the Contractor's place of business shall be exclusively agreed. For all disputes arising from the contract, the courts with subject-matter jurisdiction in Vienna shall have exclusive jurisdiction.
- Written form
Any disposal of the rights or obligations existing on the basis of the contract shall require the prior written consent of the respective other contracting party.
- Severability clause
Should one or more provisions of the contract be or become invalid or unenforceable in whole or in part, the validity of the remaining provisions shall not be affected thereby. The invalid or unenforceable provision shall be replaced by a mutatis mutandis valid provision which comes as close as possible to the economic purpose of the invalid or unenforceable clause.
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