1.
Scope & Contracting Parties
1.1.
These General Terms and Conditions ("GTC") apply to all contracts concluded between KWMS GmbH, FN 563043 f, Heinestraße 4/7, 1020 Vienna ("KW") and you ("customer").
1.2.
User registration on the website www.charly.live is possible without a contract with KW. Therefore, these GTC also apply beyond point 1.1 to any use of the website www.charly.live, whether within the framework of a contractual relationship with KW or independently.
1.3.
These GTC also apply to the use of KW's physical charging infrastructure.
1.4.
The conclusion of a contract between the customer and KW is established upon acceptance of these GTC and completion of the user registration process.
1.5.
The conclusion of the contract between the customer and KW occurs upon KW's electronic confirmation to the customer regarding the usage contract for electric vehicle charging stations.
1.6.
Any deviating agreements regarding the conclusion of the contract shall only be effective if they have been mutually agreed upon in a written version by KW and the customer. General terms and conditions of business or purchase of the customer shall only apply - even if KW is aware of them - if KW has expressly agreed to the validity of such terms and conditions in writing in advance and such agreement has been negotiated in detail.
2.
Scope of Services, Engagement of Subcontractors
2.1.
The scope of services covers both a digital aspect (referring to www.charly.live) and a physical aspect (referring to physical charging infrastructure), including, but not limited to, the following points:
2.1.1.
Digital Aspect (www.charly.live)
Use of the website www.charly.live, including associated monitoring and evaluation functions. Furthermore, www.charly.live provides extensive functionalities for access management and tariffing of access keys (e.g., RFID charging cards) and users.
2.1.2.
Physical Aspect (Physical Charging Infrastructure)
The use of the charging infrastructure is only possible subject to its availability, which is not guaranteed, especially during maintenance work, technical malfunctions (e.g., power outage, etc.), or obstruction of access to the charging station (e.g., obstruction by other users, etc.). Specific availability of charging stations is therefore not guaranteed. This also applies to the availability of any load management functions. Malfunctions, damages, or abusive use of charging stations must be reported immediately to the service number +43 1 348 4747.
2.2.
KW provides these services against payment by the customer. KW is entitled to perform the acts of performance through third parties, which are considered as assistants in the sense of § 1313a of the Austrian Civil Code (ABGB).
3.
Compensation, Billing, Payment
3.1.
KW processes the invoicing and transaction processes for the owners or managers of the charging infrastructure (e.g., owner charging stations, energy management systems, property management companies, real estate companies, etc.) and the users (e.g., short-term or long-term renters, access key holders, and third parties (e.g., payment via roaming and/or direct payment)).
3.2.
The tariff is always determined within the framework of tariff determination by the owner of the charging infrastructure.
3.3.
Typically, the charging process to be billed starts when the charging cable is connected and ends either when the charging cable is correctly disconnected or automatically after the prepaid amount is consumed.
3.4.
The compensation to be invoiced consists of components indicated at the respective charging point. These components may include consumed energy (in kWh), start fee, fallback price, and/or blocking fee. Typically, consumed energy in kWh is against payment for charging stations for which the owner of the charging infrastructure has defined a tariff.
3.5.
The relevant tariff is visible to the authorized user (after allocation of a location or access key) on www.charly.live.
3.6.
If the customer wishes to dispute the billing process, they must contact KW directly and provide the location of the charging station, the time, and the duration of the charging process.
4.
Customer's Duty of Care
4.1.
During the charging process, the customer must follow the instructions visible at the charging station and observe the following rules:
4.1.1.
The electric vehicle must be properly parked in the designated space.
4.1.2.
The customer is obliged to use the charging station with the utmost care and not endanger others. Accordingly, the customer is particularly obligated to (i) ensure a secure connection of the electric vehicle to the charging station, (ii) use an undamaged cable with compatible and standardized connectors (the use of adapter devices, etc., is not allowed), (iii) park the electric vehicle in a way that minimizes the distance to the charging station, (iv) ensure that third parties are not obstructed or endangered by the charging cable.
4.1.3.
The customer is responsible for complying with the relevant technical regulations regarding their vehicle and charging cable.
4.1.4.
All relevant electrical safety regulations must be followed.
4.1.5.
The customer must take all necessary precautions within their area of responsibility to prevent accidents or damage, such as those that may arise from interruptions in the technical process.
5.
Intellectual Property
5.1.
The contract does not grant the customer any rights to KW's intellectual property. Unless intellectual property rights are affected and different provisions are not explicitly agreed upon in the contract, KW grants the customer a non-exclusive, non-transferable right to use. KW is the owner of all rights, developments, documents, calculations, or samples.
6.
Data, Consent to Email Communication
6.1.
The customer is obligated to promptly inform KW via the website www.charly.live or the corresponding user interface of any changes to their company, name, address, billing address, bank details, telephone number, email address, and any other data required for contract processing.
6.2.
The customer consents to the transmission of communications, statements, and invoices by KW in electronic form via the website www.charly.live or the corresponding user interface and waives delivery in paper form by mail or fax.
7.
Liability and Damages
7.1.
KW is liable for intent and gross negligence. KW's liability for slight negligence, except in the case of personal injury, is expressly excluded. KW is also not liable for indirect damages, lost profits, loss of interest, missed savings, consequential and pecuniary damages, or damages arising from third-party claims. This also applies in the event of the unavailability of charging points or the provision of defective services.
7.2.
Claims for damages expire one year after the injured party becomes aware of the damage, at the latest. The liability is limited to an amount of EUR 1,000.00 in terms of the amount of damages. Liability also ends three years after the damage is caused, even without knowledge of the damage.
7.3.
KW is not liable for damages resulting from abusive or improper use of the website www.charly.live and KW's charging infrastructure.
7.4.
KW assumes no liability for the abusive use of access keys or RFID charging cards or passwords by unauthorized people.
8.
Legal succession
8.1.
Rights and obligations arising from this contract are transferred to the heirs and legal successors of the contracting parties. This applies in particular in the event of the transfer or sale of KW's business.
9.
Applicable Law, Jurisdiction & Place of Performance
9.1.
Unless there are mandatory legal provisions to the contrary, Austrian substantive law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods and the rules of private international law. The place of jurisdiction for disputes arising from this contract shall be the competent court in Vienna.
9.2.
Unless otherwise specified individually, the Austrian registered office of KW shall be the place of performance.
10.
Severability Clause
10.1.
If any provision of these GTC is or becomes invalid or unenforceable in whole or in part, this shall not affect the validity of all other provisions. The parties shall replace the invalid or unenforceable provision with an effective and enforceable provision that comes as close as possible to the content and purpose of the invalid provision.
11.
Data Privacy
11.1.
Details on how we process your data can be found in KW's current privacy policy at www.charly.live.