GENERAL TERMS OF CONDITION

1. GENERAL INFORMATION

1. 1. Scope of application
These General Terms and Conditions („GTC„) govern the rights and obligations between Repower AG, Via da Clalt 12, 7742 Poschiavo („Repower„) and the customer in relation to the use of the PLUG’N ROLL charging network (in public, semi-public and private areas) and the associated services. PLUG’N ROLL acts as a so-called E-Mobility Service Provider (EMSP) and acts as a platform for charging services and their billing between charging station owners and charging station users.

1.2. Definitions

2. CONTRACT

2.1 Conclusion of contract
If a customer registers on the PLUG’N ROLL portal or makes an ad hoc load in accordance with section 4.2. with reference to these GTC, these form an integral part of the contract, which is concluded at the time of registration or ad hoc load.  

General terms and conditions or other terms and conditions of the customer are expressly excluded. Individual agreements shall take precedence over these GTC if they have been agreed in writing.

2.2 Contract amendments
Repower is authorised to amend these GTC at any time. Repower will inform the customer in good time in writing of any forthcoming amendment to the GTC (before the amendment comes into force). The amendments are deemed to have been approved if the customer does not object by e-mail or in writing at least one month before the amendment comes into force. If the customer objects, the contract will be automatically terminated on the next ordinary termination date (cf. section 2.3.). 

2.3 Contract duration & cancellation
The contract is concluded for an indefinite period and can be terminated by either party at the end of any month via the app, by email or in writing. Either party may terminate this contract with immediate effect for good cause. Good cause shall include, in particular, repeated or serious breach of contract. In the case of ad hoc charging by direct payment, the contract ends automatically after completion of the charging process and successful payment processing.  

3. PLUG’N ROLL CUSTOMER ACCOUNT & CUSTOMER PORTAL 

3.1 Initial registration
The comprehensive use of charging stations in the PLUG’N ROLL charging network and the associated services requires the creation of a customer account or completed registration in the PLUG’N ROLL portal provided for e-drivers and fleet managers. To gain access to the customer portal, the customer must register as a customer for the first time with the necessary customer and payment data.  

3.2 Customer account
The e-driver has access to the stored personal data, payment methods, means of access and purchased services via the customer portal and can make changes to it. Specific historical information is also available in the customer account. Various support and contact options are also available.  

3.3 Fleet management
In the fleet management module, fleet managers have the option of ordering and comprehensively managing access resources for the e-drivers and/or vehicle fleet they manage in a bundled manner after prior activation by PLUG’N ROLL.  

3.4 Conditions of use
The PLUG’N ROLL portal can be accessed via the PLUG’N ROLL website using standard end devices with an internet browser and an active internet connection. The PLUG’N ROLL portal can also be accessed by end customers via the PLUG’N ROLL app. The customer accepts that updates to the website, the portal and the app will be made and that further use depends on this. The customer is responsible for the proper use of their end device, customer account and a fully completed registration. The customer is required to keep all login details and passwords secret and to store them in a way that third parties cannot access them. The customer account is personal and non-transferable.  

4. MEANS OF ACCESS & AUTHENTICATION 

4.1 Access authorisation & authentication
As part of the registration process, the e-driver has the option of activating various PLUG’N ROLL access means for activating charging stations in the PLUG’N ROLL charging network. The active means of access enables the authentication and activation of charging stations in the public PLUG’N ROLL charging network and/or certain charging stations in semi-public and private areas specifically assigned to the e-driver. Means of access are in particular: 

4.2 APP
The e-driver can use the PLUG’N ROLL app to search for, find and activate charging stations. A mobile phone with an Android or iOS operating system and a functioning internet connection are required to use the app.  

4.3 Charging chip
The e-driver can either order a PLUG’N ROLL charging chip directly as part of the registration process or place a follow-up order at a later date. The charging chip is used to activate and start/end a charging process. Furthermore, existing charging cards and other RFID badges from PLUG’N ROLL or selected partners can also be added to the customer account. The use of external RFID authentication devices requires technical compatibility.  

4.4 Swisspass
E-drivers can link their existing SwissPass in combination with an active SwissPass customer account during initial registration or at a later date in the PLUG’N ROLL portal and use it to activate charging stations.   

4.5 Ad-hoc charging without registration
At selected charging stations in the PLUG’N ROLL charging network, the customer has the option of activating charging without registration and without PLUG’N ROLL access means. Ad-hoc charging takes place via a physical credit card terminal or via a QR code payment solution and the associated payment methods available in each case.   

4.6 Special cases
Charging station owners and fleet managers may apply individual special regulations with regard to the means of access, authentication methods and charging stations they manage. In such cases, Repower provides no guarantees for functionality, billing and other consequences of this kind.  

4.7 Loss, theft & misuse
The customer shall take suitable measures to prevent unauthorised access by third parties. If a means of access is lost, the customer must inform Repower immediately in writing or by telephone. Repower will block the corresponding means of access after receiving notification of the loss. Charges made before the credit card has been blocked will be charged to the customer. There is no entitlement to reimbursement or compensation. Repower accepts no liability whatsoever in the event of loss, theft, misuse or similar of a means of access.  

5. PRICES 

5.1 Price announcement & price transparency
The currently valid prices and tariffs for charging processes in the PLUG’N ROLL charging network can be viewed transparently at any time before and after the charging process via the PLUG’N ROLL app. For ad-hoc payments via a physical credit card terminal, the prices and tariffs are also shown on the display of the respective charging station or credit card terminal. For ad-hoc payments via QR code, the prices and tariffs are also displayed on the terminal in the associated online payment process. PLUG’N ROLL Support is also available for price information.  

After the charging process, the customer has access to all relevant information such as the total price charged and charging details on the PLUG’N ROLL app or invoice.  

Prices may vary depending on the charging station and may vary on a daily and weekly basis. The customer undertakes to find out the applicable tariff via the means provided before starting a charge and will only start a charging process if he/she is aware of and agrees to the costs incurred.  

5.2 Subscriptions & other costs
Repower reserves the right to charge costs for starting a charging process, charging chips, charging chip replacement orders and set-up costs for customer accounts. Furthermore, any monthly subscription costs are based on the e-driver subscription type selected during registration or by subsequent selection in the customer account of the e-driver portal.   

6. TERMS OF PAYMENT 

6.1 Means of payment
In order to use the PLUG’N ROLL services, a valid and reliable means of payment must be deposited.  

6.2 Invoice form
Repower or a third party engaged by Repower currently sends invoices, receipts and attachments for purchased services to customers in electronic form. Repower is constantly endeavoring to expand the payment options and reserves the right to make changes in this regard.  

6.3. Billing
Billing is bundled once a month.  Repower cannot rule out delays in the transmission of charging data. Billing of the charging processes carried out can therefore take place retrospectively and may cover several billing periods.   

As part of credit card payments for ad-hoc charging via QR code or credit card terminal, an amount is pre-reserved on the credit card and the final amount is debited after the charging process has been completed.  

6.4. Terms of payment & late payment
Repower invoices must be paid within 30 days of receipt. If it is not possible to charge the customer’s credit card or if Repower does not receive payment on time, Repower reserves the right to block the customer’s access to the PLUG’N ROLL network, including the partner network.  

7. USE OF CHARGING STATIONS  

7.1 Intended use
Charging stations in the PLUG’N ROLL charging network may only be used to supply suitable electric vehicles with electrical energy. The customer has no right to resell the energy or use the energy for purposes other than charging the battery or operating his electric vehicle. Repower excludes all liability for misuse of the charging station and the energy obtained.  

7.2 Availability & condition of charging stations
Repower’s obligations are limited solely to procuring charging stations for the customer, activating them and accepting payments for charging processes and forwarding them to the charging station owner. The charging station owner is the operator of the charging stations brokered by Repower or commissions a third party for this purpose. The charging station owner is responsible for ensuring that its charging stations are in a ready-to-use, safe and professionally maintained condition. Repower endeavors to ensure that the charging services function properly, but accepts no liability for the availability, functionality, failure or condition of the charging infrastructure provided or for any consequential costs arising therefrom.  

The operation of charging stations in the PLUG’N ROLL charging network can be temporarily or permanently suspended without prior notice. The availability of the charging stations and the operating status is displayed on the PLUG’N ROLL app depending on the availability of the information. Repower does not guarantee that the information displayed and provided about the charging stations is correct and complete. 

7.3 Safety and utilisation regulations
For safety reasons, the customer undertakes to fulfil the necessary technical and regulatory requirements and regulations in order to be able and permitted to start the charging process at a charging station (in particular suitable cable, compatibility of the vehicle with direct or alternating current depending on the charging station, regulations of the vehicle manufacturer, etc.). No liability is assumed for the customer’s technical and regulatory requirements. Furthermore, Repower accepts no liability for the function of the charge if it is used improperly. Only rechargeable electric or hybrid vehicles that are authorised for road traffic may be connected to the charging station. The customer is obliged to observe all warning messages and to immediately take the necessary measures to ensure the safety of themselves, third parties, their vehicle and third-party property. The customer must treat the charging station and the charging services properly and with the necessary care, use them in accordance with the safety instructions and charging instructions and refrain from any unauthorised use. The charging stations and charging cables must not be damaged. The customer must notify Repower immediately of any damage to charging stations or charging cables. Charging cables at charging stations must be handled in such a way that they pose no danger to other persons or property. In particular, a cable that is permanently attached to the charging station must be properly stowed away again in the designated device after the charging process and the connectors must be protected from moisture and dirt. After completion of the charging process, the charging station and the associated parking space must be released again immediately, unless otherwise agreed, and must not be used for any other purpose. The instructions of the car park owner/operator must always be followed. Roaming charges and third-party car park charges must be observed and generally paid separately. Designated opening hours of the car park must be observed. The customer is liable to Repower and third parties for any damage caused to the charging station or its surroundings in breach of the provisions of these GTC and the safety and usage regulations. 

7.4 Power quality
Different qualities of electricity can be offered within the PLUG’N ROLL charging network. Repower does not undertake to supply a specific quality of electricity, but is committed to ensure that green electricity or a corresponding added value in the form of green electricity certificates or guarantees of origin are used by the charging station owners.  

8. PROVISION OF SERVICES BY THIRD PARTIES 

Repower is authorised to have the services described in the GTC performed in whole or in part by third parties. The rights arising from these GTC in favour of Repower shall also accrue to the third parties engaged by Repower. 

Repower or third parties commissioned by Repower are authorised to access the devices intended for service provision via the telecommunications network for the purpose of configuration, maintenance, optimization or expansion of their services. Remote maintenance permits access to and the modification, updating and deletion of technical data or software. In the context of remote maintenance, Repower or third parties engaged by Repower have access to customer data that is directly related to the configuration of the electrical equipment and the provision of services. Repower is not liable for any damage to the infrastructure unless it is proven that this damage was caused by the remote maintenance. 

9. DATA PROTECTION 

Repower processes all personal data carefully and in accordance with the applicable data protection regulations. The processing of personal data in Switzerland is governed in particular by the Federal Act on Data Protection (FADP) and the associated ordinances. Repower also complies with the EU General Data Protection Regulation (GDPR) in connection with the processing of personal data that falls within the scope of EU legislation.
If permitted by law, if Repower has overriding interests or if the client has given consent, Repower may process the personal data collected for the following purposes and, if necessary, transfer it to third parties in Switzerland and abroad:  

• for the processing of the contractually agreed service and for the maintenance of the customer relationship (in particular contact details and payment data);  
• for invoicing, for debt collection purposes and for creditworthiness and credit checks (in particular contact details and payment data);  
• for the security of operations and infrastructure (provision and billing of energy, detection of misuse, errors, etc.);  
• for marketing purposes, i.e. for sending newsletters, information letters, offers, etc. The client may restrict or prohibit the use of their data for marketing purposes at any time by contacting datenschutz@plugnroll.com.  

Further information on how we process your data can be found in the data protection declaration (German).  (https://plugnroll.com/datenschutzerklaerung/)

10. INTELLECTUAL PROPERTY 

Repower reserves all rights not expressly granted to the customer. The app/website services and all non-personal data collected by the app and website (including all intellectual property rights) are and remain the property of Repower. All software is protected by copyright. The customer may not modify, adapt, translate, reconstruct by reverse engineering, decompile, disassemble, or create a work derived from the software licensed by Repower or its suppliers. The customer may not reproduce the software or allow the software to be accessed via a forum on a public computer or via distribution by means of „shareware“. 

11. LIABILITY  

11.1. Liability of Repower
The liability of Repower and its auxiliary persons is excluded to the extent permitted by law, irrespective of the legal grounds. In particular, Repower’s liability for indirect or consequential damage, such as loss of profit, lost or altered data, malfunctions or interruptions in the operation of the charging station, etc., is excluded in full and to the extent permitted by law. Repower accepts no liability for the availability and functionality of the PLUG’N ROLL charging network, the website/app, means of access, the charging stations, the electricity grid, mobile end devices or additional third-party costs.
Repower and other charging station operators have the right to restrict the availability of charging stations in the interests of optimising grid load management and grid stability. This does not entitle the customer to any reimbursement or compensation. 

11.2 Liability of the customer
The customer shall independently take the necessary measures to avoid damage to vehicles as a result of interruptions, irregularities or other faults in the power grid. The customer shall follow the instructions and precautionary measures in accordance with the GTC and other instructions for use of the PLUG’N ROLL charging network and shall only use tested charging cables and electric vehicles. The customer is fully liable for any damage resulting from non-compliance with the above regulations.
The customer is also liable for any damage caused by improper use of a charging station.
The electric vehicle, which is charged via a charging station, and the equipment required for this purpose (e.g. cables) must comply with all applicable legal regulations at all times.  

12. FINAL PROVISIONS 

The transfer of rights or obligations under this contract from Repower to a third party does not require the customer’s prior consent. The transfer of rights and obligations from the customer to a third party requires the prior written consent of Repower.
The invalidity of one or more provisions of the GTC shall not affect the validity of the remaining provisions of the GTC. Invalid provisions shall be replaced by a new provision that comes as close as possible to the economic and legal success of the invalid provision.
These GTC are governed exclusively by Swiss law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for any disputes arising from this contract shall be Chur, unless mandatory statutory provisions provide for a different place of jurisdiction.
In the event of questions of interpretation or contradictions between the different language versions of these GTC, the German version shall prevail. 

Poschiavo, april 2024