Terms & Conditions

For Direct Access Charging

For the provision of services and goods by ubitricity Gesellschaft für verteilte Energiesysteme mbH, a company with the registration number HRB 113 258 B and the registered office at EUREF-Campus 7-8 · D-10829 Berlin, available via e-mail at contact@ubitricity.com or via phone at 0049 30 364 288 300, only the following GT&C are exclusively valid. Please note that the following conditions apply to contracts concluded under German law, though not exclusively regarding mandatory consumer law.

Conclusion of contract
1. Customer can access ubitricity’s website (“website”) by scanning the QR-code at the DA-SimpleSocket, which shall provide information about the services and prices. This presentation does not constitute an offer by ubitricity to conclude a contract.
2. The execution and completion of the whole order transaction by the customer shall constitute an offer being made by the customer to conclude a contract with ubitricity. When plugging in the cable, the customer must complete the order process and provide payment details within ten minutes, otherwise the offline mode will be displayed and the customer must re-start the order procedure again. If the customer does not complete the order and provide payment details within this time and the offline mode is displayed, no contract is deemed to have been concluded.
3. Acceptance of the customer’s offer by ubitricity is deemed to occur when ubitricity activates the DA-SimpleSocket and starts the charging process.
4. DA-charging processes are a service with direct payment. The amount of the invoice is determined by on the amount of kWh the customer actually charged.
Charging processes from DA-SimpleSockets, early termination by customer
1. The customer can charge his EV from DA-SimpleSockets using any Mode 3 IEC 62196-2 compliant charging cable with a type 2-plug. DA-SimpleSockets shall be used for charging EVs only. The customer has to check the cable and the plug device for any evidence of damage prior to use. In particular, cables that have ruptured, show breaks, cracks, bare spots or other damage must not be used.
2. The customer must connect the DA-SimpleSocket and his EV via the cable and access the website with an internet enabled mobile device by scanning the QR-code at the DA-SimpleSocket in order to start the order transaction.
3. After the order transaction has been completed and the SimpleSocket has been activated, the customer can charge his EV. The origin of electricity is not determined by ubitricity.
4. When the charging process starts, the Cable will be locked to the SimpleSocket. The Cable will be unlocked as soon as the charging process ends.
5. The charging process ends as soon as the Cable is unplugged from the car.
Release from obligation
1. ubitricity is not obliged to, and shall not be liable for any failure to provide services as far and as long as ubitricity is prevented from providing such services due to force majeure, reasons beyond ubitricity’s control, or other reasons that ubitricity cannot be held liable for.
2. The charging capacity indicated at a charge point is the maximum charging power for that charge point. ubitricity may reduce the charge power or interrupt the charging process temporarily as far as may be required (in ubitricity’s reasonably opinion) in the interests of public safety, in compliance with statutory provisions, for the safety of grid operations, or for grid maintenance purposes.
3. ubitricity is not liable for failure to provide the services as a result of electricity cuts or blackouts that ubitricity is not responsible for, as far as they result from a disturbance of the grid operation or grid connection. At the customer’s request ubitricity will provide information that it possesses (or can reasonably discover) about the cause of the damage within a reasonable time of receiving such request.
4. Customer may not make any claims for compensation in connection with any of the circumstances described in (3.1), (3.2) and (3.3), unless otherwise stated in (7).
Payment and billing
1. All prices indicated include VAT in the amount that was applicable at the date that the contract was concluded. Every charging processed will be billed with a minimum fee that customer will see during order transaction. As soon as the price for the actually charged kWh exceeds this amount, customer will only pay the kWh he actually charged according to the tariff he chose.
2. The customer agrees that ubitricity shall be permitted to pre-authorise the chosen payment card in the amount of GBP 6 whenever the customer authorizes a charging event (the “Card Deposit”). The customer acknowledges that the Card Deposit is not a charge, and no funds will be taken in respect of the Card Deposit. The Card Deposit will be released once the relevant charging event has completed and ubitricity has successfully charged the customers chosen payment card the fees due for that charging event. If there are insufficient funds available to successfully pre-authorise the Card Deposit, the customer will not be permitted to proceed with the charging event, and no funds will be taken from you. Ubitricity shall not be liable to the customer for any bank or credit card charges should the customer’s account become overdrawn as a result of the Card Deposit.
3. After the charging process is finished, the customer shall receive an e-mail by Stripe containing the amount of kWh charged, and the bill based on the charged kWh. The e-mail will be sent to the address provided by the customer during the order process.
Use of data, data processing and data protection
1. Customer data will only be collected and processed as far as it is necessary for fulfilment of the contract and in compliance with data protection law. ubitricity needs to process the customer’s email address. This personal data will be given to ubitricity by Stripe when it does the billing.
2. During the DA-charging process no additional personal data will be processed. Regarding use of the website and order transmission ubitricity’s privacy policy shall apply. Customer can find his rights from data protection laws there as well. It is available on https://www.ubitricity.co.uk/privacy-protection/.
3. The execution of billing and payment is made by the external payment service provider Stripe Payment Europe Ltd. (Stripe, www.stripe.com) according to clause (4). The data that are necessary for billing such as credit card data will be collected, processed and used by Stripe and for this purpose only. ubitricity has no access to your credit card data. Stripe is certified to PCI DSS. For further information please see Stripe’s privacy policy on https://stripe.com/de/privacy.
Data transfer to the Local Authority, Transport for London, London Councils and Greater London Authority
1. ubitricity is entitled to share customer data under terms of confidentiality with the relevant Local Authority regarding the charge points and TfL, London Councils and Greater London Authority. If the data constitutes personal data, it will be pseudonymised before transmission..
2. Pseudonymised data will be used by the entities mentioned above under terms of confidentiality for purposes of: Operating and managing their charging point scheme, reasearch and policy purposes to reduce carbon emissions, improve air quality and reduce congestions such as the impact of EV-charging on the grid, informing the development of the scheme or a new scheme, transferring the service to a different charge point provider, compliance and regulation duties, reporting on the scheme, marketing of other government and mayoral programmes, subject to the requirements of the Privacy and Electronic Communications Regulations 2004 , as may be amended or replaced, identifying fraudelent use of their scheme. The entities may share such data under terms of confidentiality with third parties acting on their behalf, if they concluded a contract regarding commissioned data processing.
3. The Local Authority and TfL may share the pseudonymised data and other data that are not personal data under terms of confidentiality with third parties acting on their behalf for the purposes set out in (6.2).
4. If customer data is not anonymised, ubitricity has to get the customer’s explicit consent to share personal data for the purposes mentiond above. The customer must provide such consent separately - it is not part of this contract. Such consent can be revoked by customer at any time. Personal data that is not pseudonymised will not be published.
Liability
1. ubitricity is liable without limitation for: (i) fraud and fraudulent misrepresentation; and (ii) personal injury or death caused by ubitricity’s negligence.
2. In all other cases, to the fullest extent permitted by applicable law, ubitricity’s total aggregate liability to customer arising from or in connection with this agreement will be limited to the greater of: (i) £100; or (ii) all sums paid by customer to ubitricity within the 12 months prior to the event giving rise to liability.
3. For the avoidance of doubt, nothing in this agreement undermines any statutory rights that the consumer might have under applicable law.
WARNING: Pacemakers
1. Charging points may generate electro-magnetic fields which may be harmful to pacemaker wearers. If you have a pacemaker and are unsure about whether it is safe for you to use a Charging Point, please do not use the Charging Point. If you have a pacemaker and you use a Charging Point, maintain as much distance as possible from the Charging Point. If you feel uncomfortable at any time while using a Charging Point, please stop using the Charging Point immediately. ubitricity shall not be liable for any loss, damage or harm suffered as a result of your use of a Charging Point if you wear a pacemaker, provided that nothing in these terms and conditions shall limit or exclude ubitricity’s liability for death or personal injury caused by its negligence.
Final Provisions
1. If a provision of this contract is held to be invalid or unenforceable, all other provisions of this contract shall remain unaffected.
2. ubitricity may modify the DA Terms and Conditions provided on the website from time to time. The customer shall read the latest version that is provided during the order transaction before ordering and starting a DA charging process. Modifications shall not apply retrospectively.
3. ubitricity is entitled to assign, subcontract and/or otherwise transfer any or all of its rights and obligations under this agreement to a member of its group, and customer shall not be entitled to terminate the contract if ubitricity exercises this right. For the purposes of this section 9.3, ‘group’ means any subsidiary or holding company of ubitricity and any subsidiary of a holding company of ubitricity.
4. This agreement and all disputes arising out of or in connection with it shall be governed by English law, and the parties agree that the courts of England and Wales shall have jurisdiction over this agreement.