Terms of use for e-charging (APCOA CHARGING)

Terms of use for e-charging stations (Use of an e-charging station with an e-vehicle)

1. subject matter Terms of use

1) APCOA Austria GmbH (APCOA) operates its own e-charging stations, labelled APCOA CHARGING, in its garage operations in individual garage parking spaces.

2) The subject matter is the definition of the terms of use for the use of e-charging stations operated by APCOA as CPO (Charge Point Operator).

3) As an EMSP (E-Mobility Service Provider), APCOA provides access to and use of the charging stations via its own digital access media. Charging at APCOA CHARGING stations is also possible via roaming partners (RFID card or app).

4) The terms of use for parking garages, multi-storey car parks and parking spaces agreed between the user and APCOA for the respective parking process when entering the respective APCOA garage operation remain unaffected by these terms of use for e-charging stations. Service disruptions at the e-charging stations do not affect the car park usage contract with regard to the parking fee.

2 Conclusion of contract

1) The contract between APCOA and the user is concluded when the e-charging station is activated, regardless of the technical method used. An e-charging station can be activated by scanning the QR code or selecting the station in the respective charging app. If, for any reason, the charging process begins without the e-charging station being activated, the contract is concluded at the latest when the charging process begins.

2) The user who activates the e-charging station via a roaming partner (using an RFID card or app) has a contractual relationship with their roaming partner. There is therefore no contractual relationship between the user and APCOA with regard to the use of e-charging stations.

3) The contract is fulfilled by APCOA upon completion of the charging process.

4) Users who use the e-charging station via a roaming partner are obliged to observe the terms of use of their roaming partner, which have been concluded separately in advance.

3 Scope of services

1) Once the e-charging station has been activated, the user is authorised to charge their electric vehicle for a fee, subject to additional compliance with the instructions displayed at the e-charging station. The use of the e-charging stations is only possible subject to their availability, which is not guaranteed.

2) The charging process to be billed begins when the charging cable is plugged in and the medium used is authenticated and ends when the charging cable is correctly unplugged. Billing is always based on the amount of electricity actually charged, as recorded by APCOA's system. Location-related ancillary costs such as starting and blocking fees must be added.

4. conditions of use

1) To use the e-charging station, an online means of payment such as a debit or credit card that is authorised for online payment transactions and an internet-enabled mobile device are required. This does not apply to users who use the e-charging station via a roaming partner. Users who use the charging station via a roaming partner require roaming partner access (RFID or app) to use the e-charging station.

2) Users who have concluded a separate contract with a roaming partner can select the charging process via the roaming partner on the basis of the contract concluded with the roaming partner and charge at the rates agreed between the user and the roaming partner. The respective terms of use agreed between the roaming partner and the user shall apply.

5 Obligations of the user of an e-charging station

The user undertakes to

1) to use the e-charging station in accordance with this usage agreement; whereby the use of the charging facility is only permitted for the agreed purpose (e.g. no connection of refrigerated vans, hoovers, e-scooters and the like).

2) not to drive into the garage with a damaged e-vehicle.

3) only connect rechargeable electric vehicles authorised for road traffic to the e-charging station, the individual components of which (e.g. charging cable, charging cable plug, etc.) comply with all applicable legal regulations and are in a ready-to-use, safe and professionally maintained condition;

4) only charge electric vehicles with non-gassing batteries;

5) comply with the technical specifications of the e-vehicle manufacturer with regard to the duration and maximum power of the charging process;

6) to check the e-charging station for functionality and external damage (especially cables and plugs) before charging. If damage is detected, the charging process must not be started under any circumstances;

7) to connect the plug of their charging cable to the corresponding socket of the charging station before starting the charging process. The technical specifications of the electric vehicle or the vehicle manufacturer's instructions must be observed;

8) if a warning light lights up, a warning message is displayed and/or a warning signal sounds at the charging station and/or e-vehicle, to take all necessary measures to ensure their own safety and that of third parties, in particular to disconnect the e-vehicle from the charging station if this is not dangerous and possible (i.e. if there are no signs of sparks or sparking, fire or glowing spots, smoke or fire development, etc.);

9) Damage, mechanical or technical faults or an operational failure of the e-charging station or the blocking of the reserved parking space should be reported to the garage operator as far as possible at office@apcoa.at.

10) Not to lay charging cables in the area of driveways and footpaths and to ensure that these do not pose a tripping hazard;

11) not to carry out any work in the garage, neither on the electric vehicle itself nor any other work;

12) not to change the signage at the parking space.

13) if the vehicle is parked in a parking space with a charging station without starting a charging process (connecting the vehicle to the charging station and authenticating the authorised medium), to pay a penalty in the amount of EUR 30 according to the tariff board displayed on site.

6 Obligations of the garage operator

1) The obligations of the garage operator are limited to the provision of the e-charging station in accordance with the content of these terms of use.

2) The garage operator is authorised to temporarily restrict or interrupt the availability of its charging stations in all cases that make it necessary to interrupt operations, in particular

  • in the event of interruptions to operation due to technical faults and their rectification or due to necessary repair, maintenance and updating work;
  • in the event of overload or underload in the power supply network;
  • in cases of force majeure, i.e. extraordinary events (e.g. natural disasters, strikes, epidemics, etc.) that are beyond the control of the garage operator.

7 Liabilities

1) of the user:

  • The parking of the e-vehicle at the e-charging station and the charging process are at the user's risk.
  • The user is liable for damage for which he/she is responsible to the extent permitted by law. This includes, in particular, damage to the e-charging stations and/or direct or indirect damage to persons and property caused by the user culpably violating these terms of use or statutory provisions. In the event of damage caused by the user, the user must also indemnify and hold the garage operator harmless against third parties.
  • The user expressly agrees to pay a penalty for the use of the e-charging station in accordance with the tariff table in the event of improper use of the e-charging station or tampering with charging equipment (for example: charging cable, charging connection in the vehicle, tampering with batteries), which is subject to judicial moderation.

2) of the garage operator:

  • Insofar as liability is based on fault, the garage operator shall only be liable, with the exception of personal injury, for damage caused by the garage operator or its vicarious agents through intent or gross negligence.
  • The garage operator is not liable for damage caused by the unavailability or malfunction of the e-charging station. Furthermore, the garage operator shall only be liable to the user to the extent that the electricity supplier is liable for the e-charging station. Any liability gaps shall not be borne by the garage operator; this provision shall not apply to consumers within the meaning of the Austrian Consumer Protection Act (KSchG).
  • The above exclusions and limitations of liability also apply to the liability of the garage operator's employees, representatives and other vicarious agents with regard to their personal liability.
  • The garage operator's liability for consequential damages, indirect damages and loss of profit is excluded.
  • Liability claims of the user must be asserted within a period of six months from the date of knowledge of the damage and the party causing the damage.

3) The above limitations of liability and shortening of time limits do not apply to consumers within the meaning of the Austrian Consumer Protection Act (KSchG).

8 Charges, billing, payment

1) The tariffs for e-charging and any additional costs can be found, depending on the location, in the respective (web) app or in the respective roaming partner contract concluded between users and roaming partners.

2) Billing takes place on a location-specific basis via the payment method stored in the respective (web) app or via the roaming partner.

3) Parking fees or usage fees for stopping or parking the vehicle in APCOA car parks are not included in the applicable tariff for the use of e-charging stations.

4) Penalty: If the user parks their vehicle in a car park with a charging station without actively charging, the user must pay a penalty of EUR 30 according to the tariff board displayed on site.

9. exclusion of use

1) The garage operator reserves the right to temporarily or permanently exclude the user of the e-charging station from using the charging services if

  • the user violates the provisions of this contract for the use of e-charging stations
  • the user does not pay the invoiced charging services on time,
  • behaves in any other way in breach of trust or the law,

2) APCOA shall inform the user of the exclusion of use in an appropriate form.

10 Amendments to the user agreement

1) APCOA may amend this user agreement at any time for technical, legal or other reasons. APCOA will inform users of the amended clauses at least in text form (in the app or by e-mail or in another suitable manner) before the conclusion of a new charging process.

11 Miscellaneous

1) This User Agreement shall be governed exclusively by Austrian law.

2) For all disputes arising from the contract, the courts in Vienna with subject-matter jurisdiction for commercial jurisdiction shall have exclusive jurisdiction, unless the user is a consumer within the meaning of the Austrian Consumer Protection Act (KSchG).

3) Verbal ancillary agreements are not permitted or part of the contract. Amendments or additions to this user agreement must be made in writing. This also applies to any waiver of this written form requirement.

4) Should one or more provisions of this licence agreement be invalid or void, the validity of the remaining provisions of this licence agreement shall remain unaffected. The parties undertake to close any loopholes that arise in accordance with the meaning and presumed intention of the contracting parties.

12. data protection

1) Information on data protection can be found on our website at https://www.apcoa.at/datenschutz/ or will be sent to the user on request.

13. right of cancellation FAGG - excerpt from the FAGG

1) The user has the right to cancel this contract for the use of e-charging stations within fourteen days without giving reasons.
The cancellation period begins on the day the contract is concluded and is 14 (fourteen) days.

In order to exercise their right of cancellation, the user must inform APCOA of their decision to cancel this contract by means of a clear declaration (e.g. a letter sent by post or email). The user may, but is not obliged to, use the attached sample cancellation form for this purpose.
To meet the cancellation deadline, it is sufficient for the user to send notification of exercising the right of cancellation before the cancellation period expires.

2) Consequences of cancellation

If the user cancels this contract for the use of e-charging stations, APCOA must reimburse the user for any payments for services not provided immediately and at the latest within 14 (fourteen) days from the day on which APCOA receives notification of the cancellation of this contract for the use of e-charging stations by the user.

For this repayment, APCOA will use the same means of payment that the user used for the original transaction, unless expressly agreed otherwise with the user; in no case will the user be charged any fees for this repayment.

If the user has requested that the charging services pursuant to the contract for the use of e-charging stations should commence during the cancellation period, the user shall pay APCOA a proportionate, reasonable amount corresponding to the share of the charging services already provided up to the time at which the user notifies APCOA of the exercise of the right of cancellation with regard to this contract for the use of e-charging stations compared to the total scope of the charging services provided for in the contract for the use of e-charging stations.

3) Sample cancellation form (Annex 1, Part B to the FAGG)

You are also welcome to use our sample cancellation form for cancellation. If you wish to cancel the contract, please complete this form and return it to

APCOA Austria GmbH
Landstraßer Hauptstr. 146/13A
1030 Vienna
E-mail: office@apcoa.at

I/we hereby cancel the contract concluded by me/us for the provision of the following service:
Use of e-charging stations operated by APCOA as CPO (Charge Point Operator).

Ordered on: ............................................................
Received on: ............................................................
Name of the consumer: ............................................................
Address of the consumer: ............................................................
Signature of the consumer (only for notification on paper): ............................................................
Date: ............................................................

Last updated: 28/03/2024