Terms & Conditions
General terms of use, charging conditions and purchase terms of the Cariqa Platform
(English T&Cs are provided solely for reference. The German T&Cs are legally binding.)
1. Scope
These General terms of use, charging conditions and purchase terms (hereinafter: Terms of Use) apply to the use of Cariqa chargeable tariffs and complementary Cariqa offers (“Service” or collectively: "Services") and describe your rights and obligations when accessing Cariqa via an app or web service.
By using our Services, you accept and agree to the following Terms of Use. The Terms of Use form a binding contract between you and KZY Marketplace Solutions GmbH, Chausseestr. 41B, 10115 Berlin, (District Court Berlin Charlottenburg, HRB 229537B), help@Cariqa.com (hereinafter "we", "us" or "Cariqa").
The Terms of Use apply regardless of whether you are a consumer, entrepreneur or merchant. The terms "you" and "your" and "customer" refer to you as an individual or to the business or legal entity that you represent in connection with the use of the Service. If you are using the Services on behalf of an entity, you represent that you have the authority to represent and that you accept the Terms of Use on behalf of the entity that you represent.
All agreements made between you and us in connection with the use of the Services result from these Terms of Use. The version of the Terms of Use that is applicable at the time of your use of Services is decisive.
The contract language is German.
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, or via our web-based service (“Web Service”). The Web Service includes two access features: via QR code, which enables customers to initiate and pay for charging sessions via a smartphone browser by scanning a QR code at the charging station, or via “deep links”, which enable customers to initiate and pay for charging sessions via a smartphone browser by clicking on a deep link. The Cariqa App and Web Service are collectively referred to as the “Platform”.
The Platform offers customers various free services related to electromobility (for example, the Cariqa App offers 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 guarantee that this is technically functional and accessible for the respective customer.
In addition, Cariqa may offer RFID cards as an optional authentication medium (“Charging Card(s)”). The Charging Card, as part of the paid Cariqa Services, enables customers to initiate charging sessions at compatible charging stations by identifying themselves via the Cariqa App and by starting a charging session directly at the charging station through tapping the Charging Card. The Charging Card itself serves solely as a technical authentication tool and does not itself provide charging services. The purchase of a Charging Card constitutes a separate purchase contract between the customer and Cariqa as further described in these Terms of Use.
These Terms of Use apply both to the use of the free Cariqa Services, the use of the paid Cariqa Services and the purchase and use of Charging Cards.
The range of functions of the Services results from these Terms of Use and the charging tariff and service description specified in the ordering process (available at https://www.Cariqa.com/).
3. Use of the Service
The Services may only be used by individuals who are at least 18 years of age. By using the Service, you agree 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;
- use the Service for private purposes only and not for commercial, business or professional purposes;
- abide by all codes of conduct and terms of use set forth by us or our partners/suppliers.
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
By agreeing to these Terms of Use, you warrant that you will not:
- 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, 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 must not authorize any third party to access and/or use the Services on your behalf.
6. Your personal data
In connection with the provision of the Service, we use information submitted by you such as location data, vehicle data and preferences. You can find more information in our privacy policy (available at https://www.Cariqa.com/en/privacy).
7. Third Party Software
Parts of the Services are provided by third parties. The 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 or amend these Terms of Use from time to time. Cariqa will not introduce any material changes to the Terms of Use, nor restrict the rights of customers under them, without prior notice. Non-material adjustments that are purely formal in nature, consist of updated references, or involve minor editorial revisions do not require advance notification.
Material changes or additions will be communicated to the customer in text form (e.g., via email or in-app message) at least six (6) weeks before they take effect. The notification will outline the key changes and inform the customers of their rights.
To continue using the Cariqa Services, the customer shall accept the amended Terms of Use within the specified period. If the customer does not accept before the end of the notice period, the amendments will not take effect, instead the previous version of the Terms of Use will remain applicable. In this case, however, Cariqa reserves the right to terminate the contract with immediate effect for good cause.
You can view the current version of this contract at any time at https://www.Cariqa.com/.
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 Platform 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 name “Cariqa” 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 property rights associated with the Services.
11. Termination rights
The Parties have a right to terminate the contract for good cause. Cariqa may terminate the contract without notice and exclude you from using the Platform if you
- have provided incorrect information or concealed facts in the course of the contractual relationship with Cariqa and Cariqa cannot reasonably be expected to continue the contract as a result;
- do not refrain from serious breaches of the contractual relationship with Cariqa or do not immediately remedy the consequences of such breaches of contract that have already occurred, or
- have committed any other breach of an essential contract term.
12. Purchase, Activation and Use of Charging Cards
Charging Cards may be purchased via the Cariqa App.
Ordering Process and Conclusion of a Purchase Contract
In the Cariqa App, you can select to order a Charging Card. The presentation, product description, or promotion of Charging Cards in the Cariqa App does not constitute a binding offer, but an invitation to place an order. When placing an order, you will be prompted to choose your payment method and enter your payment details in the Cariqa App. By clicking “order with obligation to pay,” (or a similarly clearly labelled button) you submit a binding offer to purchase the Charging Card and to enter into a purchase contract (“Purchase Contract”).
Before submitting the order, you can correct your data at any time using the editing functions provided.
After submission (i) the customer receives an automatic acknowledgement of receipt email (this only confirms receipt, not acceptance of the customer’s offer), (ii) the Purchase Contract is concluded only when we send a separate order confirmation email, (iii) the contract text (order, Terms of Use, confirmation) is provided on a durable medium (e.g., email), (iv) the contract text is stored in compliance with applicable data protection provisions.
Delivery, Product Availability
Delivery times specified by us shall be calculated from the date of our order confirmation, provided that the purchase price has been paid in advance. If, at the time of the customer’s order, the selected product is not available, Cariqa shall inform the customer of this without undue delay in the order confirmation. If the product is permanently unavailable, Cariqa shall refrain from issuing a declaration of acceptance. In this case, no contract shall be concluded. If the product specified in the customer’s order is only temporarily unavailable, Cariqa shall also inform the customer of this without undue delay in the order confirmation.
The following delivery restrictions apply: Cariqa delivers only to customers who have their habitual residence (billing address) in Germany and can provide a delivery address within Germany.
Retention of Title
The delivered Charging Cards shall remain our property until full payment has been made.
Prices and Shipping Costs
All prices stated in the Cariqa App include the applicable statutory value-added tax (VAT). The corresponding shipping costs are indicated to the customer in the order form and shall be borne by the customer. Goods are shipped by postal service or freight forwarding service. If the customer is a consumer, Cariqa bears the shipping risk. Delivery takes place on working days from Monday to Saturday.
Payment Terms
The customer may choose from the payment methods offered during the ordering process and subject to the conditions specified therein. Payment of the purchase price is due immediately upon conclusion of the Purchase Contract. If the due date is determined by the calendar, the customer shall be in default simply by missing the deadline. In this case, the customer shall owe default interest in the amount of 5 percentage points above the base interest rate per year. The customer’s obligation to pay default interest does not exclude Cariqa’s right to claim further damages caused by default.
Warranty for Defects and Guarantee
Cariqa shall be liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB). In relation to entrepreneurs, the warranty period for goods supplied by Cariqa shall be 12 months.
An additional guarantee shall only exist for goods supplied by Cariqa if expressly granted in the order confirmation for the respective item.
Right of Withdrawal
Consumers entering into a distance selling contract generally have a statutory right of withdrawal. Cariqa informs consumers of this right in accordance with the statutory model below. A model withdrawal form is also attached below.
Instructions on Withdrawal
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period shall be fourteen days from the day on which you or a third party other than the carrier and indicated by you acquired physical possession of the goods.
To exercise your right of withdrawal, you must inform us
KZY Marketplace Solutions GmbH
Chausseestr. 41B
10115 Berlin
help@Cariqa.com
of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an email). You may use the attached model withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient that you send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we receive notification of your withdrawal from this contract.
For this reimbursement, we will use the same means of payment that you used for the initial transaction, unless expressly agreed otherwise with you; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever occurs earlier.
You must return the goods or hand them over to us without undue delay and in any event no later than fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
You shall bear the direct cost of returning the goods.
You shall only be liable for any diminished value of the goods if such diminished value is the result of handling the goods beyond what is necessary to examine their nature, characteristics, and functioning.
Model Withdrawal Form
(If you wish to withdraw from the contract, please complete and return this form.)
– To KZY Marketplace Solutions GmbH, Chausseestr. 41B, 10115 Berlin, help@Cariqa.com
– I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*)
– Ordered on (*) / received on (*)
– Name of consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only if this form is submitted on paper)
– Date
(*) Delete as appropriate.
Activation and Use of Charging Cards
The Charging Card must be activated via the Cariqa App and linked to your user account prior to its first use.
The Charging Card is personal and may only be used by the user account holder. You must not transfer or allow third parties to use the Charging Card.
Cariqa may temporarily or permanently deactivate a Charging Card, in particular in cases of suspected misuse, security risks, breach of the Terms of Use, or in case of payment default related to charging sessions initiated through the Platform.
The customer is responsible for keeping the Charging Card secure. If your Charging Card is lost or stolen, you must immediately block it in the Cariqa App by selecting “Report Lost” to prevent further use. In the event of loss, theft, or damage, you may request a replacement Charging Card. Cariqa may charge a replacement fee as displayed in the Cariqa App.
Cariqa does not guarantee that all charging stations support RFID authentication.
Upon termination of the user account, the Charging Card linked to the account may be deactivated. After deactivation, the Charging Card can no longer be used to initiate charging sessions.
13. Prices and payments
When registering for the Services, and subsequently, you have the option to choose between various paid Cariqa Services, in addition to the free Services of the Cariqa Platform.
The Cariqa App will display each charging point and show the price upfront under the “pay as you go” model; for use of the Services via the Web Service, prices are displayed immediately after scanning the QR code or clicking on the “deep link”. When initiating a charging session via Charging Card, the applicable price is the price displayed in the Cariqa App at the time the charging session is started.
To confirm an order, you will be required to prompt the confirmation which will read “slide to start charging” or when you use a Charging Card by tapping it at the charging station after unlocking it via the Cariqa App. The order constitutes an offer to conclude a contract, not the contract itself. You are required to pay the prices applicable at the start of each charging session, with the relevant rate displayed beforehand. The total charge is based on kwh consumed; the applicable rate is sourced directly from the charging point operators, and visible for every charging point within the Cariqa App. Cariqa reserves the right to charge a fixed service fee for every successful charging session (“Cariqa fee”), always clearly displayed before you start charging.
All prices for charged Cariqa Services are gross prices, inclusive of statutory value-added tax. The prices for our Services, along with any additional fees, will be clearly indicated within the Platform. To book a Service, you must provide a valid means of payment for processing payments and transactions. The estimated total cost shown in the Platform is pre-authorized on your chosen payment method to ensure adequate funds are available.
After each charging session, the amount of charged energy will be indicated in kWh within the Platform, with an automatically generated invoice available for download. Fees are due immediately and without deduction. Charging fees and 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.
It is your responsibility to ensure that the registered payment card is valid and has sufficient funds. In the event of a chargeback initiated by your bank for which you are responsible, you will be required to reimburse the bank expenses in accordance with the current fee and cost policy.
Untimely payment may result in a lump-sum payment in accordance with the applicable price list.
14. Liability
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 fulfilment 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, body 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.
Route planning
Please also note that the actual power consumption and therefore the range of your vehicle is affected by circumstances such as your driving style, temperature, wind, topography, speed, traffic jams, use of devices that consume electricity and much more. Therefore, we recommend that you try the Services, especially the route planning functions, with a certain safety margin. While we strive to ensure the accuracy and high quality of the Services, we welcome constructive feedback and suggestions for improvement, but we do not guarantee (neither explicitly nor implicitly) the accuracy, completeness, or correctness of the route maps or other information provided through the Services. If the customer breaks down as a result of the vehicle not being sufficiently charged, Cariqa is not liable for the costs incurred as a result (such as salvage costs), unless these Terms of Use state otherwise.
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.
Charging Cards
Cariqa provides security features for Charging Cards, including (i) a notification when a charging session is started using the card and (ii) controls to lock, unlock, or block the card via the Cariqa App. Cariqa is not liable for any unauthorised use of a Charging Card that has been left unlocked. If your Charging Card is lost or stolen, you must immediately block it in the Cariqa App by selecting “Report Lost” to prevent further use. Cariqa shall not be liable for charging sessions carried out after the card was not blocked and for any fees resulting therefrom.
15. Assignment
Cariqa may assign the contractual relationship with you in whole or in part to third parties at any time without notifying you. You are not permitted to assign, temporarily or permanently, this User Agreement or your rights to use the Services or any part thereof to any other person.
16. Applicable Law and Jurisdiction
The law of the Federal Republic of Germany applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. 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.
We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.
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