(English T&Cs are for reference purely for reference. The German T&Cs are legally binding.)
2. Subject of the contract
The services are used via an application for mobile devices (“cariqa app”), which is available for download from various app stores.
The cariqa app offers customers various free services related to electromobility (e.g. route planner, charging station finder and other information services) on the basis of the following provisions. The paid cariqa tariffs offer customers access to the charging infrastructure or charging stations for electric cars and plug-in hybrid vehicles that are displayed as available and functional in the cariqa app without additional registration with the respective charging infrastructure operator. This charging infrastructure mainly consists of charging stations from cariqa partners. Cariqa does not operate its own charging infrastructure and cannot ensure that this is technically functional and accessible for the respective customer.
3. Use of the service
The Services may only be used by individuals who are at least 18 years of age. While using the Service, you agree to:
- to use the service in good faith and exclusively for the intended purpose, i.e. to plan your own EV routes, to supply your electric car and plug-in hybrid vehicle with electricity and to use the information services offered by cariqa;
- to use the service for private purposes only and not for commercial, business or professional purposes;
If you register an account for the Service, keep your account password confidential. Inform us immediately if you become aware of, or have reason to believe, that there is a security problem with the Services.
4. Prohibited Uses of the Service
- to commit, facilitate, promote, support or favor unlawful conduct;
- use the Services in a way that harms us, our partners or third parties;
- use the Services in any way in connection with unsolicited bulk messages or unsolicited commercial messages ("spam");
- use automated methods or services to access and/or use the Services (e.g. BOT, spider, periodic caching of information stored by cariqa, or "meta-search");
- reproduce, modify, create derivative works from, distribute, license, rent, sell, resell, transmit, publicly display, publicly perform, broadcast, stream, broadcast, publicly display, publicly perform, broadcast, stream, broadcast or use the Services or the Search Results to otherwise exploit, unless this has been expressly permitted by us;
- use any unauthorized means to modify or redirect or attempt to modify or redirect the Services;
- remove any copyright, trademark or other proprietary notices from any part of the Services;
- access, replicate or compete with the Services;
- attempt in any way to reverse engineer or otherwise derive the source code, trade secrets, or know-how of the Services or any portion thereof;
- copy or modify the Services in any way;
- use the Services in any manner that exceeds the limits of use of the Services or constitutes excessive or abusive use (e.g., by reselling the electricity made available to you during your use of the Services);
- damage, disable, disrupt, overload, or impair the Services (or networks connected to the Services) in any way, or interfere with anyone else's use of the Services;
- use the Services to monitor the movements or behavior of any other person (e.g., co-workers or family members) except with their knowledge and valid consent;
- access the Services in a manner that compromises, disrupts, or circumvents our technical processes or security measures related to the Services, presents a security vulnerability to users of the Services, or may result in degraded performance of the Services, tests vulnerabilities of our systems or networks, or poses a risk to our reputation, brand or other business risk to us.
5. Your Responsibility for Your User Account
Your user account may only be used by you personally (if you have set up a user account, which is not mandatory to use the services). You are responsible for all activities that occur in your user account. You may not authorize any third party to access and/or use the Services on your behalf.
6. Your personal data
7. Third Party Software
Portions of the Services are provided by third parties. Use of third-party software or products in connection with the Services is subject to the license terms of such third party. Unless and to the extent that we notify you of any specific license terms and unless otherwise stated in these Terms of Service, we grant you the right to use the Software and third party products within the scope of your authorized and intended use of the Services. You may not decompile or reverse engineer any algorithm, model, or software component included in the Services.
8. Changes to the Contract
cariqa may update this Agreement as necessary without notifying you. You can view the current version of this contract at any time at https://www.cariqa.com/. By continuing to use the Service, you agree to be bound by such changes to the Agreement.
9. Modifications or Termination of Services
cariqa is entitled to change the services at any time by changing, adding or removing functions. We may discontinue or suspend the Services at any time for any reason and without notice; in which case your access or right to use the Services may terminate immediately. Any data you have stored in the App or Services may not be retrieved later. There may be interruptions or prolonged downtime of the services.
10. Copyrights, trademarks, etc.
The Services, including the cariqa name and all other content in connection with the provision of the Services, are owned or licensed to KZY Marketplace Solutions GmbH. Software or content provided as part of the Services is protected by intellectual property laws and treaties. We (or our partners) own the copyright and other intellectual rights associated with the Services.
11. Right of withdrawal by the consumer
If you are a consumer, you have the right to withdraw from the contract concluded between you and us:
You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day the contract was concluded.
In order to exercise your right of withdrawal, you must send us (KZY Marketplace Solutions GmbH, Chausseestr. 41B, 10115 Berlin, email@example.com) a clear statement (e.g. a letter sent by post, fax or e-mail ) of your decision to withdraw from this contract. You can use the sample cancellation form (Annex 1) at the bottom of the page, which is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of the withdrawl
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of the contract. For this repayment, we use the same payment method that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
If you have requested that the services or delivery of electricity should begin during the cancellation period, you must pay us a reasonable amount, which is proportionate to the time at which you prevented us from exercising the right of cancellation in relation to this contract, the services already rendered and correspond to the total scope of the services provided for in the contract.
12. Prices, subscription and payments
cariqa will provide you with invoices electronically. All prices are gross prices including the statutory value added tax. The applicable prices for our tariffs, subscriptions and other prices are stated in the cariqa app and in our price list (https://www.cariqa.com/#pricing).
When registering to use the services and at a later date, you can also choose between various cariqa tariffs that are subject to a charge, in addition to the free services of the cariqa app.
These tariffs make it possible to charge electrically powered passenger cars with traction battery (BEV - Battery Electric Vehicle) as well as plug-in hybrid electric passenger cars (PHEV - Plugin Hybrid Electric Vehicle). The details, including the respective term, can be found in the service description of each individual cariqa tariff. The contract term is automatically renewed on a monthly basis unless notice of termination is given in due time. Termination in due time shall be deemed to have been received by the end of the respective billing period.
Your right to cancel your subscription, if any, under clause 11 of this contract remains unaffected.
Subscription fees and recurring invoices are processed through our payment processors, which may vary from time to time. All transactions are subject to the applicable terms and conditions of the payment processor and applicable laws. Unless otherwise agreed, your subscription will automatically renew at the end of your current subscription.
It is your responsibility to ensure that the registered payment card is valid and has sufficient funds. If it is not possible to debit or charge your payment card, you may not be able to charge your vehicle.
After each charging session, we will deduct the amount of electricity you have consumed in that charging session from your electricity quota in accordance with the amount of electricity reported to us by the relevant charging station operator. The amount of energy remaining at the respective time is indicated in the cariqa app in kWh. The display of the current (remaining) charge volume may be delayed for technical reasons. If the actually charged charge volume in the respective billing period exceeds the contractually agreed charge volume, for example due to billing delays of the charging station operators, and if no valid reserve charge volume from previous billing periods is available either, the respective difference charge volume will be calculated according to the pay-as-you-go cariqa tariff in accordance with the tariff description of the pay-as-you-go cariqa tariff.
The charging volume not fully consumed in a billing period does not expire at the end of a billing period. Any remaining charge volume will be carried forward to subsequent billing periods as reserve charge volume and will remain valid for 12 months after the end of the billing period in which it was accrued, or until your package is canceled or your account is deleted.
During each billing period, the charge contingent of the current billing period corresponding to the respective cariqa tariff will be consumed first. Only when your charge contingent of a billing period has been used up will the reserve charge volume be consumed.
If you change your cariqa tariff to increase your monthly charge contingent ("upgrade change"), the new charge contingent corresponding to the tariff upgrade is immediately available to you after the payment process.
The remaining charging volume of the previous tariff is not lost, but is available as a reserve charging volume for 12 months, in each case after you have used up the respective charging quota in the respective billing period.
If you change your cariqa tariff in order to reduce your monthly charging quota ("downgrade change"), this change will take effect at the beginning of the next billing period. The tariff you were charged in the relevant billing period in which you made the downgrade change will not change. From the next billing date after your downgrade change, the lower cariqa tariff will apply, corresponding to your downgrade.
A refund of the remaining charging quota, regardless of whether or not it is still within the 12-month period and can therefore be used, is excluded.
In the case of slight negligence, cariqa is only liable in the event of a breach of essential contractual obligations (so-called cardinal obligations), such as those that the contract intends to impose on us according to its content and purpose or the fulfillment of which is essential for the proper execution of the contract and on the observance of which you regularly trust and trust allowed to. The amount of this liability is limited to the typical damage foreseeable at the time the contract was concluded.
The above limitations of liability also apply to the personal liability of cariqa's legal representatives, vicarious agents and employees for damage caused by them as a result of slight negligence.
Our liability in the event of fraudulent concealment of a defect, from the assumption of a guarantee, for damage resulting from injury to life, limb or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
Portions of the Services depend on information provided by you and/or third parties.
Access to charging infrastructure
cariqa is not an operator of charging stations and is therefore not liable for the operational safety of the respective charging stations of external partners. cariqa is not liable for charging processes that did not take place or were not completed successfully or for damage incurred in connection with the preparation, implementation and completion of charging processes.
cariqa is not liable for the failure of the services in the event of force majeure. In the event of an interruption or irregularities in the electricity supply, as far as the consequences of a disruption in network operation including the network connection are concerned, claims may be made against the distribution network operator. You can demand that cariqa assign any claims that cariqa is entitled to against the respective network operator.
cariqa can assign the contractual relationship with you in whole or in part to third parties at any time without notifying you. You may not assign, temporarily or permanently, this User Agreement or your rights to use the Services or any part thereof to any other person.
15. Applicable Law and Jurisdiction
The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention. If you use the services as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.
If you are a merchant and have your registered office in Germany at the time of use, the exclusive place of jurisdiction is the registered office of cariqa. Otherwise, the applicable statutory provisions apply to local and international jurisdiction.
Dispute resolution: The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a point of contact for the out-of-court settlement of disputes relating to contractual obligations.
More information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.
Annex 1 Withdrawal form
Sample Withdrawal Form
(If you want to revoke the contract, please fill out this form and send it back)
KZY Marketplace Solutions GmbH
I/we (*) hereby revoke the contract concluded by me/us(*) for the provision of the following service:
Name of the user(s)
Address of the user(s)
Signature of the user(s) (only when submitted as paper format)
(*) delete what is not applicable to you