The Terms of Service define the conditions of access, use and sale of the Charging Service. Access to and use of the Charging Service by the User are subject to the User’s acceptance of and compliance with the terms and conditions of the Terms of Service.
1. DEFINITIONS
For the purposes of these General Terms and Conditions, capitalized terms shall have the meanings set out below:
- DRIVECO Application: means the application developed by DRIVECO enabling the User to access the Charging Service.
- DRIVECO badge: means a badge provided by DRIVECO allowing access to the Charging Service.
- External Badge: refers to a badge supplied to the User by a Mobility Operator or any third party other than DRIVECO.
- Charging Station: refers to a charging station that is part of the DRIVECO Network.
- Terms of Service: refers to these general terms and conditions of sale of the Charging Service.
- User Account: refers to the user account available within the DRIVECO Application.
- DRIVECO: refers to the company DRIVECO ESPAÑA SL, Sociedad de responsabilidad limitada con un capital social de 10.000 euros
C/ Castelló 66, 3°A, 28001 Madrid
España NIF: B56890817
N.º de IVA intracomunitario: ESB56890817
customer-invoice@driveco.com - Parking Spot: means a space for parking a Plug-in Vehicle located within a Charging Station, and which is associated with a Charging Point.
- Mobility Operator: refers to a mobility operator or any other service provider (other than DRIVECO) offering charging services for electric or plug-in hybrid vehicles.
- Charge Point: refers to a charge point integrated into a Charging Station.
- Web Portal: means the internet page set up by DRIVECO to enable the User to access the Charging Service.
- Owner: refers to the natural or legal person who owns a Charging Station.
- DRIVECO Network: refers to the network of Charging Stations operated by DRIVECO and accessible as part of the Charging Service. The Charging Stations may belong to DRIVECO or to Owners.
- Charging Service: refers to the service provided by DRIVECO or third parties allowing Users to charge Plug-in Vehicles at Charging Stations, subject to these Terms of Service.
- Charging Site: refers to the combination, on a single site, of several Charging Stations and parking spaces dedicated to the Charging Service.
- User: refers to the person using the Charging Service.
- Plug-in Vehicle: refers to the User’s electric or plug-in hybrid vehicle.
2. RECHARGE SERVICE DESCRIPTION
The purpose of the Charging Service is to enable a User to recharge his Plug-in Vehicle by connecting it to a Charge Point.
The power of the Charging Service may vary depending on the type of Charge Point selected by the User.
The power indicated at a Charge Point corresponds to a maximum theoretical value and is non-contractual.
The User acknowledges that the power of the Charging Service is not guaranteed and may depend on the type of Plug-in Vehicle, the state of the Plug-in Vehicle’s battery, and the charging conditions defined by the Plug-in Vehicle’s manufacturer, and/or the state of occupancy of the Charging Station. In addition, the power available at each Charge Point may be modulated.
The Charging Service may also include the provision of the parking space associated with the Charge Point for a fee. In this case, the fee for this service is specified in the Charge Point’s pricing conditions.
The Charging Service is provided, as the case may be, by DRIVECO or by an Owner through DRIVECO. The list of Charging Stations in the DRIVECO Network is available on the DRIVECO Application or on the DRIVECO website accessible at the following address: www.driveco.com. Information relating to the DRIVECO Network is provided for information purposes only and is non-contractual. DRIVECO reserves the right to update this information and to modify the composition of the DRIVECO Network at any time.
In addition, DRIVECO in no way guarantees the accuracy of any information available on any website, application or medium developed by third parties.
3. CONDITIONS OF ACCESS TO THE CHARGING SERVICE
DRIVECO application
The User can access the Charging Service via the DRIVECO Application.
The DRIVECO App can be downloaded to devices running compatible Android and iOS operating systems.
The DRIVECO Application allows the User to create and access his User Account. The User can associate a DRIVECO Badge with his User Account via the DRIVECO Application. The User also has the option of entering his payment card details via the DRIVECO Application in order to simplify the procedures for accessing and paying for the Charging Service. Full payment card details are not stored by DRIVECO.
Web portal
The User can use his cell phone (or any other compatible device) to scan the QR code associated with the Charge Point to which he wishes to connect his Plug-in Vehicle.
The User is redirected to the Web Portal so that he can enter his contact details and access the Charging Service in accordance with the terms of the Terms of Service.
DRIVECO is the owner of the intellectual property rights or holds the rights of use on all the elements comprising and/or accessible on the Web Portal, in particular the texts, images, graphics, logos, icons and software. Any reproduction, representation, modification, publication or adaptation of all or part of these elements is prohibited, except with the prior written authorization of DRIVECO.
Pre-authorization (Charging service at extra cost)
To access the Charging Service, the User must enter his credit card details on the DRIVECO Application or on the Web Portal, unless the User uses the DRIVECO Application or the DRIVECO Badge and his credit card details have already been entered in his User Account.
DRIVECO will issue a pre-authorization request. The amount of the pre-authorization request is shown on the DRIVECO Application or on the Web Portal.
If the pre-authorization request is successful, the User can benefit from the Charging Service and recharge his Plug-in Vehicle; the User receives a unique PIN code enabling him to monitor the provision of the Charging Service and terminate the Charging Service.
DRIVECO badge
When a User has associated a DRIVECO Badge with his User Account, and entered his payment card details in his User Account, the User can access the Charging Service using only the DRIVECO Badge.
Use of the DRIVECO Badge, subject to the successful completion of the pre-authorization request, results in the immediate provision of the Charging Service under the conditions in force on the date the DRIVECO Badge is validated. It is therefore the User’s responsibility to consult the pricing conditions applicable to the Charge Point before validating the DRIVECO Badge.
4. PRICING APPLICABLE TO THE RECHARGING SERVICE
The pricing applicable to the use of the Charging Service for the Charge Point selected by the User appears on the DRIVECO Application or on the Web Portal and/or on an illuminated display totem on the site concerned. Pricing is determined in particular on the basis of fluctuations in electricity market prices. In any event, this pricing is displayed.
The User thus acknowledges that he/she may inquire about the price of the Charging Service at any time before and during its provision.
DRIVECO reserves the right to modify pricing at any time to take into account changes in electricity prices or any other market condition. However, no change in pricing will apply to the User during the course of the Charging Service: The User will continue to be invoiced in accordance with the pricing conditions applicable when the Charging Service began.
5. CALCULATION OF TOTAL RECHARGE SERVICE PRICE
The total price of the Charging Service begins to be calculated from the start of charging of the Plug-in Vehicle until the Charging Service is stopped.
The Charging Service is stopped when the cable connecting the Plug-in Vehicle to the Charge Point is disconnected, or automatically if the pre-authorization request amount is reached.
The Charging Service can also be stopped remotely by DRIVECO.
The User can follow the evolution of the total price linked to the performance of the Charging Service directly within the DRIVECO Application or via the Web Portal by entering the PIN code sent to him by email.
Once the Charging Service has been completed, a summary of the recharging session is sent to the User or made available to him on his User Account. The User may request an invoice by contacting DRIVECO.
Recharging sessions lasting less than two minutes and resulting in the delivery of less than 500 Wh are not billed (except in the case of abusive or misappropriate use of the Charging Service by the User).
6. TERMS OF PAYMENT
The total price of the Charging Service is paid using the credit card entered by the User.
The total price of the Charging Service cannot exceed the amount of the pre-authorization request made by DRIVECO on the bank card entered by the User: consequently, the Charging Service will automatically stop once the pre-authorization amount has been reached.
7. ROAMING PLATFORM
Charging Stations may be accessible via a service provided by a Mobility Operator, in particular through the use of an External Badge. Where applicable, this service is provided in accordance with the conditions determined by the Mobility Operator.
For any questions concerning the use of this service, the User must contact the Mobility Operator concerned directly.
8. CONDITIONS OF USE OF THE RECHARGING SERVICE
Parking on Charging Stands
In order to use the Charging Service, the User must park the Plug-in Vehicle in the Parking Spot associated with the Charge Point he wishes to use. The Plug-in Vehicle must not encroach on adjacent parking spaces.
The use of a Parking Spot is exclusively dedicated to the use of the Charging Service.
The duration of use of the Parking Spot is limited to the time required to fully recharge the Plug-in Vehicle. Any use of the Parking Spot beyond the time strictly necessary to fully charge the Plug-in Vehicle may give rise to the invoicing of a fixed fee for extended parking, the amount of which is shown in the pricing conditions associated with the Charge Point selected by the User. This flat-rate fee applies without prejudice to any other parking penalties that may be applied locally by third parties.
Neither DRIVECO nor the Owners may be held responsible for any obligation of custody or supervision in respect of the Charging Service. Consequently, except in the case of willful misconduct, they exclude all liability in the event of theft, damage or vandalism affecting the Plug-in Vehicle, the cable and/or any property or personal effects associated with or present within the Plug-in Vehicle. The physical and operational availability of the Charging Stations is not guaranteed.
Any non-compliant use of a Parking Spot may result in the removal of the Plug-in Vehicle, at the User’s risk and expense.
Charging the Plug-in Vehicle
The User must make normal use of the Charging Service and the Recharge Stations in accordance with the technical characteristics of his Plug-in Vehicle. In particular, the User undertakes to comply with all charging recommendations issued by the manufacturer of the Plug-in Vehicle (in particular with regard to charging power and duration).
When the charging cable is attached to the Charging Station, the User is obliged to use this cable. In the event of damage to this cable, the User must not use the cable concerned and must immediately notify DRIVECO of this situation by contacting the customer service department, using the contact details provided in the «User assistance and mediation» article.
Where no charging cable is attached to the Charging Station, the connection cable is provided by the User at his own expense. A User may only use a charging cable that complies with the standards applicable in the country in which the Charging Service is used. The User must ensure that this cable is in good condition and is compatible with the Charge Point connectors. Under no circumstances may the User use a damaged or faulty cable, or one that does not comply with applicable standards.
In the event of a fault reported by the Charging Station, the User must immediately stop using, or seeking to use, the Charging Service.
Unauthorized use of the DRIVECO badge or DRIVECO application
The User is solely responsible for the use of his DRIVECO Badge or the DRIVECO Application installed on the User’s device. DRIVECO and the Owners decline all responsibility in the event of unauthorized use of the DRIVECO Badge or the DRIVECO Application on the User’s device. The User is liable for all expenses incurred through his DRIVECO Badge or the DRIVECO Application installed on his device.
In the event of loss or theft of his DRIVECO Badge, the User must inform DRIVECO’s customer service without delay in order to deactivate the DRIVECO Badge. DRIVECO may apply a replacement fee.
In the event of failure of the DRIVECO Badge, the User may contact DRIVECO’s customer service in order to replace the DRIVECO Badge. The replacement is carried out free of charge by DRIVECO if the failure is not the result of improper use or storage of the faulty DRIVECO Badge.
9. RESPONSIBILITY OF THE USER
The User is responsible for any damage he may cause in the course of using the Charging Service, the Charging Stations and/or the Parking Places, in particular any damage that may be caused by his Plug-in Vehicle.
In the event of improper or abusive use of the Charging Service, in particular for the purpose of enabling the User to benefit from preferential pricing conditions in contradiction with the terms of a promotional offer, DRIVECO reserves the right to suspend or prohibit the User’s access to the Charging Service, all without prejudice to the possibility of exercising any recourse to obtain recovery of any sum owed by the User for the use of the Charging Service.
10. PERSONAL DATA
The User’s personal data will be used by DRIVECO in accordance with the privacy policy available at the following address: https://driveco.com/politique-de-confidentialite/
11. RIGHT OF WITHDRAWAL
If the User is a consumer within the meaning of the French Consumer Code, he acknowledges that he has given his consent for the Charging Service to be carried out immediately before the end of the withdrawal period provided for in article L. 221-18 of the French Consumer Code. Without prejudice to the foregoing, in view of the nature of the electric recharging services provided under the terms of the Terms of Service, the provisions of article L. 221-28 of the French Consumer Code shall apply.
12. USER SUPPORT AND MEDIATION
Any request for information or complaint relating to the Charging Service and/or the Terms of Service may be addressed to DRIVECO using the following contact details:
Technical assistance: By telephone on +33 9 72 56 26 80 (service available 7 days a week, 24 hours a day).
Sales support: By email: support@driveco.com
If a dispute with the User has not been satisfactorily resolved, or if the dispute has not been resolved within two months of receipt of the complaint, the User has a further period of ten months in which to refer the matter directly and free of charge to the Centre de la Mediation de la Consommation de Conciliateurs de Justice (CM2C) :
Through their website: https://www.cm2c.net/declarer-un-litige.php
By email cm2c@cm2c.net
By post to the following address CM2C, 14 rue Saint Jean 75017 Paris.
These methods of amicable settlement are optional for the User, who may at any time bring the matter before the competent courts.
13. FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform resulting from force majeure as defined by applicable law, including natural disasters, labor disputes, massive power outages or cyber-attacks.
14. MISCELLANEOUS
Should any provision of the Terms of Service be invalid or unenforceable for any reason whatsoever, the remaining provisions shall remain in full force and effect.
These Terms of Service may be modified at any time by DRIVECO. The Terms of Service applicable to the Charging Service are those in force on the date on which the Charging Service is provided.
The applicable law is that of the country in which the Charging Service is actually provided. Any disputes shall be subject to the jurisdiction of the courts of the country where the Service is provided, subject to the mandatory provisions of local law protecting consumers.
