General Terms of Use for E-Charging Stations,
E-Charging Cards, and the E-App of da emobil GmbH

Preamble

da emobil GmbH (‘DAE’) distributes, among other things, charging infrastructure and accessories (charging cables, software, etc.), primarily in the DACH region. In addition, DAE, in cooperation with the GUTMANN company, offers a fueling and charging card, a proprietary network of charging stations (AC and DC charging stations) in Austria, an invoicing service, and other services connected with electromobility.

1. Scope of application; Subject matter of the contract

1.1. DAE gives registered Customers (also referred to hereinafter as ‘Chargers’ or ‘Users’) a possibility for charging electric cars for the purposes of § 2(2) of the Austrian Federal law on Establishing Uniform Standards for the Construction of Infrastructure for Alternative Fuels (BGBl. [Federal Law Gazette] I No. 38/2018) by using a proprietary e-mobility card (charging card) or app (da-emobil-App). These can be used in DAE’s own network of charging stations as well as in stations of roaming partners (cooperation partners with whom DAE has entered into access contracts). All public charging stations that are useable with the card/app are also shown in the charging point directory. When using a charging station of a roaming partner, the Charger shall observe that station’s regulations.

2. Conclusion of contract

2.1. After returning the appropriate documents – a completely filled out contract (charging card application) – Customers are entitled to use the charging stations with a charging or app. The app can be used only after the data has been completely recorded and a relevant activation link and access data have been received. DAE does not acknowledge any differing provisions of the Charger and objects to those provisions explicitly. They are therefore excluded.

3. Amendments

The Charger must be notified in writing of any amendments. DAE may amend the agreement at any time. Such a notification can also be given as part of invoicing. In the notification, which must be given in writing (via email) at least one month in advance, the User will be informed of the amended provisions and the possibility to object. If the Customer objects to the amendments within four weeks after receiving the notification, the contract will end automatically if at least one month’s notice is given, calculated from the receipt of the amendment declaration. Otherwise, the amendments will be deemed agreed. Changes in the roaming partner’s fees or pricing sheets – or any changes made by the roaming partner – do not constitute ‘amendments.’

4. Services owed by DAE; Terms for using the charging infrastructure (‘Charging Directive’)

4.1. Pursuant to 2.1., Customers may charge electric cars for a fee with the charging card or app, which are used to identify the Customer and bill them for the charging procedures. They must also observe additional instructions or notices visible at the charging stations belonging to the charging point. Anyone parking an electric vehicle does so at their own risk, and they may only use free spaces. Except for the actual charging as defined in this contract, and the operating of the display, any interference with the electrical operating system is forbidden.

4.2. We must expressly point out that any particular availability of the respective charging point cannot be guaranteed, since the use can be limited by, among other things, improper or forbidden occupancy, technical problems, maintenance work, restrictions in the power grid, or force majeure events. In all cases that cause an interruption of the operation, DAE may temporarily limit or interrupt the availability of its charging stations and app. DAE is not liable for any availability of the charging services or for an uninterrupted possibility of using the app, particularly the overview cards. Likewise, any business hours shown must be observed, and any use outside of those hours is forbidden. DAE may do any of the following at any time for any reason: relocate the charging points, change the number of the charging points, and change the roaming partners.

4.3. The entire charging infrastructure must be used only as intended and with due care. The charging infrastructure may be used only by electric vehicles that meet the current electrical standards, and only by vehicles approved for road traffic. The connection of other electrical consumers or equipment is not allowed. Users must observe the technical information of the e-vehicle manufacturer regarding the duration and maximum power of the charging procedure. During the charging procedure, the vehicle must be properly parked and secured against rolling away.

4.4. All other single components, such as the charging cable and charging cable plug, must be in a ready-to-use, safe, professionally maintained condition, failing which a charging procedure may not be started. Non-approved adapter devices are not permitted. Only parts that meet the technical safety standards may be connected to the charging station.

4.5. Users must obey the charging instructions/Charging Directive of DAE. In particular, a cable that is permanently attached to the charging stations must be put back into the device intended for it. Charging stations, charging cables, and any attached seals must not be damaged.

4.6. Charging cables may not be placed in driveways or pavement, and it must particularly be ensured that no trip hazards are created.

4.7. No work may be performed in the parking space for charging, either to the e-vehicle itself or otherwise.

4.8. Parking a vehicle and blocking a charging point without beginning a charging procedure is prohibited.

4.9. Any regulations on avoiding fires, electrotechnical protective measures, and separate garage directives or regulations of third parties must be observed. Likewise, the Austrian Road Traffic Act (Straßenverkehrsordnung, StVO) must be complied with.

4.10. After a charging procedure is completed, the vehicle must be removed from the charging station immediately to give other users access.

4.11. The User shall take all precautions to avoid accidents or damage in their sphere of influence and are liable for compliance with the applicable technical provisions (especially electronic protection regulations) regarding the vehicle and charging cable and for infringements against the above Charging Directive. Furthermore, the User is liable to the statutory extent for any damage they cause and, beyond that, shall indemnify and hold harmless DAE against third parties (roaming partners, for example).

4.12. The Charger shall keep their charging card and app safe and secure and shall be liable if they surrender either or both to anyone else. This also applies to any case of misuse. If one or both are lost or stolen, the Charger shall notify DAE without undue delay. If the charging card is lost or stolen, the Customer shall be liable for the charging procedures and associated fees incurred until the notification is made.

4.13. If you have any questions or problems regarding the charging stations, DAE is available at the following email address: support@da-emobil.com and at the telephone number: +43 50 2277 2299.

4.14. Damage and defects concerning the charging stations and/or any accessories (such as cable management) must be reported to DAE immediately.

4.15. Users of the app must update it periodically, as soon as a new release is available.

4.16. Users must follow the instructions of any staff working for DAE or their partners who are present.

5. Fee; Prices; Payment

5.1. The fee for the individual charging service in question is based on the rate agreed with the Customer. The agreement on the fee for an individual charging procedure (charging) is entered into when the Charger accepts the AC or DC rate specified on the website https://www.da-emobil.com/laden-und-tanken.php#lade-tarife, on site, or in the app. By carrying out the charging procedure, the Customer agrees to the rate and undertakes to pay the respective prices. The charging procedure to be billed (entire charging) starts when the charging cable is connected and ends when the cable is properly separated. The fee does not include any general parking or usage fees for parking the vehicle.

5.2. Invoices (including VAT) are issued retrospectively each month. Chargers also receive a record/listing of the charging procedures by post or email retrospectively each month.

5.3. Due net within 14 days from the invoice date. The statutory interest rate applies. The User will be charged default damages that are owed beyond this default interest. In addition, reasonable dunning expenses and compensation for any out-of-court debt collection measures by commissioning a debt collection agency or an attorney will be owed, provided they comply with the Ordinance on Permissible Fees for Collection Institutes and the lawyers’ tariff and are necessary for expedient collection and proportionate to the outstanding claim.

5.4. If no objection to an issued invoice is raised within four weeks, it will be deemed accepted. Objections must be made in writing and must precisely identify those invoice line items whose correctness is being questioned. Objections have no influence on the due date of the overall invoiced amount.

5.5. Moreover, DAE may block the charging option in the event of default (app, card, or both).

5.6. Any changes to data, including without limitation payment details and personal data, must be communicated without undue delay.

5.7. Any right of retention exists only against counterclaims arising from the contract relationship. The Customer may set off their claims against those of DAE only if the Customer’s claims are uncontested or have been finally adjudicated.

6. Duration; Term

6.1. Unless otherwise individually agreed, the Contract has an indefinite term. Nevertheless, either party may terminate it, that termination taking effect at the end of any calendar month, if giving at least one month’s notice. This does not affect the right to terminate for good cause without notice (extraordinary termination). Good cause justifying extraordinary termination is constituted in the following and other cases: if the User is at least 14 days late in a payment after having been given a warning, breaches this agreement or the Charging Directive, or intentionally damages or abuses the charging infrastructure; or if insolvency proceedings that have been initiated against the User’s assets have ended, or if a motion to initiate such proceedings is rejected for lack of assets to cover the costs.

7. Data protection

7.1. The Charger acknowledges that the data they disclose will be electronically processed by DAE to perform the contract. If justified regulatory inquiries are made by a government agency, the last name, address, and charging data will be transmitted to the respective authority and, if infringements of third-party rights have been claimed, to those third parties. Information on data protection and data processing can also be found online.

8. Liability and compensation

8.1. Except in cases of personal injury, DAE’s liability is limited to cases of gross negligence or willful misconduct. In all other cases, as with personal injury, DAE is not liable for ordinary negligence to the extent such exemption from liability is permitted by law. Liability is also excluded for consequential damage, loss of prospective profit, loss of interest, operational downtime, unforeseeable loss of use, and for all indirect damage, to the extent permitted by law. These regulations also apply to the conduct of vicarious agents.

9. Forum; Applicable law

9.1. Any disputes arising from this contract will be settled by the court having subject matter jurisdiction for DAE’s registered office and, for private customers (consumers), the forum of their place of residence, habitual abode, or place of employment pursuant to § 14 of the Austrian Consumer Protection Act (Konsumentenschutzgesetz, KSchG). This contract is governed by Austrian substantive law without giving effect to the United Nations Convention on Contracts for the International Sale of Goods or the conflict of law rules.

10. Final provisions; Miscellaneous

10.1. If necessary, DAE may assign rights and delegate obligations arising from this contract to third parties, at its discretion.

10.2. The charging power indicated at the respective charging station or in various indexes always equals the maximum attainable charging power. The charging power actually attainable by the charging individual can lie beneath the maximum power for various reasons (including their vehicle, among others).

10.3. Invoices can be transmitted electronically.

10.4. If any contract provisions are found ineffective, the continued existence of the remaining contract relationship as a whole will be unaffected and the parties shall replace each ineffective provision with a provision suited to bring about the same economic result. The same applies to loopholes in the contract.

10.5. Any amendments and supplements to this contract must use the written form [as regulated in § 886 of the Austrian General Civil Code (Allgemeines bürgerliches Gesetzbuch, ABGB)].

The present document was written in German and translated into English. Only the German-language version is legally valid. The English version is for information purposes only.

Status: February 2025