Terms and conditions Aral by Freshmile
General Terms and Conditions for the use of charge points and the supply of electrical energy by Freshmile Services SAS (“Freshmile”) Valid from 6 June 2019
Article 1 – Scope
1.1 These General Terms and Conditions (“T&C”) shall apply in the version applicable at the time the contract is concluded to the delivery of the customer with electrical energy by Freshmile for the charging of electric vehicles at ARAL gas stations with charge points (“charging services”).
1.2 The text of these T&C shall be stored by Freshmile and subsequently made available to the customer electronically upon request.
1.3 These T&C shall apply exclusively. Differing or contradictory terms of the customer are not accepted and are hereby rejected unless Freshmile explicitly agreed to such terms in writing.
Article 2 – Conclusion of contract
2.1 The contract between the customer and Freshmile shall be concluded as an individual contract (“ad hoc charging”) with the customer scanning the QR code at the charge point, selecting the required plug type on the Freshmile website that opens and by completing and submitting the requested information, including payment method, and following Freshmile’s activation of the charge point (offer) and the customer’s initiation of the charging process by charging the first Wh within 45 seconds (acceptance).
2.2 Regarding the conclusion of the contract as per clause 2.1, Freshmile waives receipt of the declaration of acceptance.
2.3 Charging services at charge points shall be provided in the name of and for the account of Freshmile. By using such charging services, no contract between the cus-tomer and the gas station or charge point operator or ARAL / BP shall be concluded. Settlements for the charging services shall be made exclusively between Freshmile and the customer.
2.4 Freshmile has the right to render its charging services and other services within the scope of the contract with the customer through third parties.
Article 3 – Supply of electricity
3.1 Freshmile supplies the customer with electricity at the charge points provided that a contract for the supply has been concluded as per clause 2 and the customer has fulfilled his obligations as set out in clause 4.
3.2 Utilising the charging services at the charge points is subject to capacities being available at the charge points, the operating availability of the charge points and any temporary or other restrictions of availability, including any interruptions or irregularities in the electricity supply of the charge points due to or as a result of a disruption of the grid or meter point operation.
Article 4 – Customer obligations
4.1 Customer shall perform all cooperative acts required from the user for the performance of the contract. He is particularly obligated to: (i) properly connect the electric vehicle with the charge point and exclusively use equipment (e.g. cables) which fulfils the legal requirements; (ii) notify Freshmile about any defects or malfunctions at the charge points immediately (no later than the subsequent business day) after becoming aware of such defects or malfunctions.
4.2 The customer is required to use the parking spaces at the charge points exclusively for the duration of the charging process. Permanent occupancy of such designated parking spaces is prohibited.
4.3 The customer is required to comply with the applicable regulations and instructions for the use of the charge points on site and particularly read any operating and safety instructions.
4.4 The customer is required to handle the charge points as well as the supplied equipment with care.
4.5 The customer is required to inspect the charge point for external damage prior to use. Visibly damaged charge points must not be used.
Article 5 – Consideration for charging services
5.1 For the use of charging services the customer shall make a payment as per the prices set out on the website prior to the charging process. The displayed prices include VAT.
5.2 Charging services shall be billed according to kWh charged.
5.3 Charging services are billed directly after charging but generally 24 hours after the charging process is completed. Payments are made via the selected payment method. In case of credit card or PayPal payment, an amount of EUR 19.00 will be blocked on the credit card or on the PayPal account used by the customer upon authentication at the charge point for the duration of the charging process.
5.4 If required, the customer may send an email to the email address stated on the Freshmile charge point, including the time and date of charging, and request an invoice for the charging process, which will then be provided to the customer via email.
Article 6 – Liability
6.1 Unless otherwise provided for in these T&C, Freshmile shall be liable for breaches of contractual and non-contractual obligations in accordance with statutory provisions.
6.2 Freshmile shall be liable without limitation in cases of intent and gross negligence as well as damage resulting from injury to life, body or health – irrespective of the legal form of the claims.
6.3 In case of slight negligence, Freshmile shall only be liable for breaches of material contractual obligations (“cardinal obligations”) and limited to the typical and foreseeable damage upon conclusion of the contract. Cardinal obligations as per this clause mean obligations whose fulfilment are imperative for the execution of the contract and on whose fulfilment the customer can therefore rely.
6.4 Damage claims exceeding the provisions as set out in this clause 6 are excluded – irrespective of the legal form of the claims. This especially applies to damage claims arising from culpa in contrahendo, due to other breaches of duty or any other neglect of duty or tort claims involving property damage in accordance with Sec. 823 German Civil Code (Bürgerliches Gesetzbuch, BGB).
6.5 Possible claims for given guarantees and for claims based on the German Product Liability Act (Produkthaftungsgesetz) shall remain unaffected by this clause 6.
6.6 To the extent Freshmile’s liability is excluded or limited in accordance with the preceding provisions, the same shall apply to the personal liability of Freshmile’s executives and board members, legal representatives, employees and agents.
6.7 Claims due to damage arising from interruption of or irregularities in the electricity supply have to be made against the grid operator to the extent such damage is the result of a disruption on the part of the grid operation, including the grid connection (§ 18 Low Voltage Connection Ordinance (Niederspannungsanschlussverordnung, NAV). Freshmile shall not be liable in such cases.
6.8 The provisions of this clause 6 shall not apply to the consumer to the extent they are less favourable or void according to the law of the country of the consumer’s habitual place of residence.
Article 7 – Term of contract7.1 Contracts for the ad hoc charging shall end with the completion of each individual charging process.
Article 9 – Support
8.1 For all questions and disruptions (i.e. in connection with billing) that arise in connection with the provision of charging services under this agreement, Freshmile offers the services of a call centre that can be reached at: +4923497849022.
8.2 Alternatively, the customer may also contact Freshmile’s support team via email at email@example.com.
Article 9 – Contracting party
9.1 The customer enters into a contract with: Freshmile Services SAS, Aéroport Strasbourg, Bâtiment Blériot, 67960 Entzheim, France. Commercial register: Strassburg, register number: 818 611 220
Article 10 – Information on dispute resolution
10.1 Freshmile does not participate in dispute settlement proceedings before an arbitration board for consumers.
Article 11 – Applicable law and place of jurisdiction
11.1 The business relations between the customer and us are exclusively subject to the laws of the Federal Republic of Germany and to the exclusion of German international private law and the UN Convention on Contracts for the International Sale of Goods. For consumers, such choice of law shall only apply to the extent it does not deprive the consumer of the protection granted to him by means of mandatory provisions of the country of his habitual place of residence.
11.2 Place of jurisdiction shall be Bochum if the customer is not a consumer or if the customer who is a consumer does not have a general place of jurisdiction within the country or relocates his place of residence or habitual residence out of the country after conclusion of the contract or his place of residence or habitual residence is not known at the point in time of the assertion of claims. Freshmile shall also have the right to bring proceedings to the court competent for the customer’s place of residence, place of registration or business.