Terms & Conditions

1. Conclusion of the contract

The contract is concluded once the customer presses the button “CONFIRM PAYMENT” using the payment via credit card or PayPal.

2. Electricity supply

2.1 innogy eMobility Solutions GmbH provides the customer with electricity at the appointed charge point after the customer conducted the payment.

2.2 The charging session ends automatically after expiry of the booked charging time or early interruption by the customer. In case of early interruption by the customer the remaining amount will be forfeited.

3. Price

For the charging session the price shown in the mobile website takes effect. The gross price is rounded according to the commercial practice. The invoice amount is calculated by the net price and afterwards the actual valid VAT is added.

4. How to use innogy ePower direct

Payment via PayPal

1. After the selection page you will be asked to log in to your PayPal account
2. Enter the requested information in your PayPal account
3. After the payment has been approved the charging process will be started. You will be
4. asked to connect your vehicle with the charge point. The charging starts automatically.

Payment via credit card

1. After the selection page you will be asked to fill in your credit card information
2. Enter the requested information and press “CONFIRM PAYMENT”
3. After the payment has been approved the charging process will be started. You will be asked to connect your vehicle with the charge point. The charging starts automatically.

NOTE:

Please note that ePower Direct is our direct payment system.
Depending on the provider, you can choose from the following rates:

1. Billing by time: When billing by time, you have different rates depending on the charging capacity available.
   16 Amps: When selecting 16 amps, you can charge a maximum of 11 kWh per hour (three-phases). If your vehicle is charging on a single phase, the amount of energy will be reduced accordingly for the selected charging time.
   32 Amps: When selecting 32 amps, you can charge a maximum of 22 kWh per hour (three-phases). Please select this charging capacity only if your vehicle with 32 amps can also charge three-phases. If your vehicle is charging single-phase (slow charge with alternating current), please select option 16 Ampere.
2. Billing by energy amount (kWh): When billing by kWh, a rate per kWh is displayed. The total cost of your charging process will be calculated after completion of the charging session depending on the amount of charged energy (kWh). Please note that we allocate the indicated amount in advance of the charging session. Within 7 days the reserved amount will be charged with the actual amount to your charging session. If you need proof of the actual amount, please select the option "Create invoice".
3. Billing by charging session: When billing by charging session, the system displays a rate per charging session. Billing takes place before the charging session and allows you one charge immediately.
   After the charging session you will only receive a receipt. If you wish, you can request a personalised invoice. To do this, select the appropriate option in the payment process.
   The invoice, if selected by you, is issued exclusively in electronic form by e-mail. For this purpose, you are obliged to inform us of your current e-mail address when selecting the appropriate option and to keep it ready for receiving e-mails. It is expressly pointed out that the invoices will be sent by e-mail without further security measures and in particular without encryption.

General terms and conditions automotive electricity supply

September 2016

1. Electricity Supply

1.1 innogy eMobility Solutions GmbH provides the customer with electricity at publicly available charge point after the customer has connected his electric vehicle to the charge point and has paid with the e-kWh App.

1.2 The customer is responsible for the charging session in regard to the used charging equipment (cable). Each user of innogy charging stations has to check the charging cable and plug-in devices for any obvious damage. In particular, if damage, kinks, cracks, blanks etc. will be found, the charging cable must not be used under any circumstances. In addition, the manufacturer's instructions must be taken into account. The charging cable must be provided at least with a CE mark.

1.3 At charging stations of innogy only electricity from renewable sources will be provided. The energy product is almost CO2-free based on renewable energy sources.

1.4 Important note: According to Section 5.1 para. 5 technical connection requirements 2007 (TAB, 2011 edition) the single-phase connection is only permissible up to a rated apparent power of 4.6 kVA. Single-phase use of the automotive electricity over the available mains connection may not exceed this rated apparent power. The purchase of automotive electricity with a conduction current of more than 20 A may cause damage to the mains connection and is therefore prohibited.

1.5 The customers has no permit referred to § 4 Stromsteuergesetz (electricity taxation act) and therefore will not be exempted from electricity tax.

2. Price

2.1 Prices may be requested at any time from the technical customer service hotline: T +49 800 – 22 55 793 (free of charge from the German landline, business hours: Mon.-Fri. 07:00 am – 08:00 pm, Saturday 08:00 am – 02:00 pm). The gross prices stated are rounded commercially. The invoice amount is calculated on the basis of net prices plus the respectively applicable rate of statutory VAT.

2.2 In electricity rate the following costs are included: Sales tax, electricity tax, Renewable Energy Law (EEG) apportionment, network charges (including combined heat and power allocation, § 17f EnWG-Offshore allocation, allocation according to § 18 Verordnung zu abschaltbaren Lasten (engl.: regulation deferrable loads), § 19 StromNEV, concession fees as well as charges for measurement and metering, billing costs, procurement and distribution costs. Also included are operating expenses of the charging infrastructure.

3. Price changes, special termination right in case of price increase

3.1 innogy eMobility Solutions GmbH is entitled to carry out price changes unilaterally in reasonable discretion. The customer can verify the correctness of the price change by civil court. Unilaterally price changes by innogy eMobility Solutions GmbH may only consider costs, which are relevant for the calculation of prices according to paragraph 2.2. In case of cost increases innogy eMobility Solutions GmbH is entitled, and in case of cost reductions innogy eMobility Solutions GmbH is obliged to realize price changes. In determination the prices innogy eMobility Solutions GmbH is obliged to take account cost increases only by recognizing of opposing cost reductions and make a balancing of cost increases and cost reductions.

3.2 innogy eMobility Solutions GmbH has to determine the scope and timing of a price change so that cost reductions will be taken into account to the same economic standards as cost increases. In particular, innogy eMobility Solutions GmbH may not pass on cost reduction later than cost increases. innogy eMobility Solutions GmbH takes a review of the cost development at least every twelve months.

3.3 Notwithstanding the above paragraphs 3.1 and 3.2 changes of the Value Added Tax according to the Value Added Tax Act will be passed on to the customer on the effective date of the amendment without notice or extraordinary termination option.

3.4 Paragraphs 3.1 to 3.3 also apply as far as new taxes, fees or other governmental charges or discharges concerning procurement, production, storage, grid usage (transmission and distribution) or the consumption of electric energy take effect or be repealed in full.

4. Place of Jurisdiction

Dortmund will be the place of jurisdiction if the client is a merchant and there is no exclusive place of jurisdiction

Information obligations according to § 312 d paragraph 1 BGB in conjunction with article 246 a EGBGB

5. Scope of delivery

innogy eMobility Solutions GmbH is obliged to meet the energy needs of the customer and to provide energy for the duration of the contract in the contractually scope. This does not apply if the network operator has interrupted the mains connection and the connection usage of the customer or insofar and as long as innogy eMobility Solutions GmbH is prevented to produce, purchase or supply energy by force majeure or other circumstances which elimination is not possible or economically reasonable

6. Exemption from the duty in case of interruptions or irregularities

6.1 In Case of interruptions or irregularities in the supply of electricity innogy eMobility Solutions GmbH is exempt from the obligation to perform as far as dealing with the consequences of a failure of the network operation including the mains connection.

6.2 On request, innogy eMobility Solutions GmbH is obliged to give the customer information on the cause of damage as they are known by innogy eMobility Solutions GmbH or can be enlightened by innogy eMobility Solutions GmbH in a reasonable manner.

7. Liability

7.1 innogy eMobility Solutions GmbH is not liable in the cases described in Section 7. The client has the right to claim any damages due to a supply disruption as mentioned in Section 7 against the grid operator. The contact details will be communicated to the client by innogy eMobility Solutions GmbH on request.

7.2 Besides, subject to Section 7 the parties are only liable in case of damages arising from the culpable injury of life, body or health or damages that are caused by an intentional or grossly negligent breach of duty of a party, its legal representative and its agents.
The parties are also liable in case of culpable damage of fundamental contractual obligations and slight negligence. However, in the latter case the amount shall be limited to typical contractual damages foreseeable at the time of the conclusion of the contract (fundamental contractual are such, which performance determines the contract and which the other party may rely on).
Finally, the parties are liable, if and to the extent that they have provided a guarantee of quality or warranty or fraudulently concealed a defect.

7.3 The regulations of the Produkthaftungsgesetz (engl.: Product Liability Law) remain unaffected.

7.4 The obligation to pay compensation for property damage according to the Haftpflichtgesetz (engl.: Public Liability Act) is excluded. The liability for personal injuries according to the Haftpflichtgesetz (engl.: Public Liability Act) remains unaffected. Sentence 1 does not apply to legal relations with private clients.

7.5 As far as the liability is excluded or limited as above-mentioned, this also applies to the personal liability of the employees, other staff members and bodies of both parties as well as their agents and vicarious agents including their employees, other staff members and bodies. Arbeitnehmer, Mitarbeiter und Organe.

8. Contractual Partner

innogy eMobility Solutions GmbH,
Flamingoweg 1,
44139 Dortmund
Management board: Elke Temme, Stefan von Dobschütz, Thomas Hüsgen

Registered office: Dortmund
Registered district court Dortmund
Commercial register number HRB 30359
VAT identification No.: DE320572383

9. Customer Service

innogy SE
Customer service
P.O. Box 16 16
50306 Brühl
Germany
E-Mail: emobility@innogy.com

Customer hotline T +49 (0)800 − 88 88 8621 (free of charge from the German landline)

Mon. − Fri. 7:00 am – 8:00pm, Sat. 8:00 am – 2.00pm

Technical hotline T +49 (0)800 − 22 55 7931, 24h (free of charge from the German landline)