evpass SA (hereinafter referred to as "EVPASS") makes available and/or gives access to the customer (hereinafter referred to as "User" or "Users") to charging terminals (hereinafter referred to as "Terminal" or "Terminals") for electric or rechargeable hybrid vehicles (hereinafter referred to as "Vehicle" or "Vehicles").
EVPASS offers the User the possibility of using these Terminals providing the User has a valid EVPASS subscription.
These General Terms and Conditions of Sale (hereinafter referred to as "GTCs") concern the EVPASS subscription and the Vehicle recharging service.
EVPASS has installed, and continues to install, Terminals throughout Switzerland and in some bordering areas. The User can, through various payment options provided on his EVPASS account, connect his Vehicle to the Terminals.
The User also benefits from charging solutions from third party service providers to which EVPASS allows access through his subscription.
By subscribing to an EVPASS subscription, the User agrees to be bound by these GTCs, which govern the contractual relationship between him and EVPASS.
In particular, the User is liable for the use of the Terminals in accordance with the law, the present GTCs and any other applicable provisions, as well as for the payment of services and benefits obtained.
The subscription to the charging services is open to legal entities and individuals, providing the acceptance of the present GTCs and the provision of the information required for registration.
As part of the charging services, the User can charge his Vehicle at a charging terminal or in a parking space equipped with a Terminal. The User accesses and uses the charging services by means of the access solutions provided by EVPASS.
Definitions of the terms
App: The official EVPASS mobile application can be used to check and recharge your account as well as activate the Terminals when charging a Vehicle. As with the EVPASS Card, it allows the use of the EVPASS network Terminals.
Badge: The generic name for a card, badge or other device equipped with an RFID chip compatible with EVPASS Terminals.
Terminal: A Terminal can be either an EVPASS Terminal or a public Terminal. The EVPASS Terminal is generally only accessible to EVPASS members unless it has the "contactless" or SMS payment option. In this case, the EVPASS Terminal is also public and can be used by any User, with or without an EVPASS subscription.
EVPASS Card: The EVPASS Card is associated with an EVPASS subscription. It allows the use of the EVPASS network Terminals.
Operator: The operator is the entity (public service, company or individual) that operates a network of Terminals. Several different operators are part of the EVPASS Terminal network. Different operators can offer a charging service to the User with an EVPASS account through a roaming agreement. EVPASS is the operator for some Terminals, but this is not the case for all of them.
Roaming: The charging services, and any related ancillary services, operated by third party providers (i.e. excluding EVPASS and Green Motion SA) and made available to a User by means of an EVPASS subscription.
Vehicle: All rechargeable electric and hybrid vehicles authorized to be recharged and parked in the square linked to a Terminal.
By getting an EVPASS subscription, the User must create an account on the website www.evpass.ch before being able to use the services offered by EVPASS.
The information provided to EVPASS for the creation of the account are subject to the present GTCs.
The User declares that all information and documents provided at the time of subscription are accurate and undertakes, in the event of any modification, to inform EVPASS without delay and to update said information directly on his EVPASS account.
The provision of incorrect or insufficient information may result in automatic termination of the subscription and an interruption of EVPASS services.
Access to the User's account created on the EVPASS website allows one to view invoices or to consult the consumption history (e.g. place, duration, cost of each charge).
The User is responsible for keeping the passwords and login assigned to him. It is the responsibility of the User to implement all the necessary precautionary and security measures to safeguard his information. In the event of loss or theft of his password and/or login, or if he becomes aware of the use of his password and/or login by an unauthorized third party, the User must immediately contact EVPASS.
EVPASS reserves its right to interrupt, immediately and without notice, access to EVPASS services in the event of fraudulent use of the User's access. EVPASS will keep the User informed without delay of such an interruption, by one of the means of contact provided by the User.
Badge and App
Each Badge has a chip and an antenna which proper functioning depends on basic usage precautions. The User is solely responsible for the use of each Badge issued and undertakes to comply with all operating instructions brought to his attention, in particular not to expose it to twisting, bending, cutting, high or low temperatures, electromagnetic effects, high humidity levels and any other treatment clearly inappropriate for the proper functioning of the Badge.
Failure to comply with these instructions may result in limited or impossible access to EVPASS services.
Loss, theft or defect of Badge(s):
In the event of loss or theft of Badge(s), the User must deactivate it without delay via his account on the website www.evpass.ch If this is not possible, the User must contact EVPASS immediately. The User may then request the issuance of replacement Badges, which will be issued and invoiced according to the applicable rates.
In the absence of an announcement within the meaning of clause 5.3.1, EVPASS declines any liability in the event of misuse by a third party of a lost or stolen Badge. The User remains fully liable for the use that may be made of his Badge, account, login, etc. The User also remains fully responsible for the payment of the sums due to EVPASS for any use of each Badge allocated to him.
In the event of a Badge failure, the User shall inform EVPASS without delay and then return the defective Badge to EVPASS at the address listed under Article 17. If the malfunction is not attributable to the User, the faulty Badge will be replaced free of charge. EVPASS will then deactivate the Badge upon receipt of the Badge's declaration of loss, theft or defect.
EVPASS may take the initiative to deactivate or replace the Badge in the event of termination of the User's subscription for any reason whatsoever, in particular because of fraud, alteration or counterfeiting of the Badge, as well as in the event of incompatibility with the changes made by EVPASS to the charging services and/or the Terminals. In any case, EVPASS will keep the User informed as well as it may provide, if necessary and depending on the circumstances, a new Badge.
Alternatively to the Badge, the User can download the App onto his smartphone. The App can be downloaded for free. Several mobile devices can be connected to the same EVPASS account.
Clauses 5.3.1 to 5.3.4 apply to the App by analogy.
Charging the Vehicle
The User undertakes to use the services offered by EVPASS in accordance with all applicable security provisions. In the event of use that does not comply with the applicable provisions, EVPASS excludes any liability for damages.
The use of the charging services is subject to the subscription and activation of an EVPASS subscription.
To use a Terminal, it must be activated via the Badge or App.
Before any use, the User must ensure that a charging cable compatible with the Terminal and allowing the connection of his Vehicle is available. EVPASS does not guarantee that a cable is available at all Terminals and accepts no responsibility for any damages that may result from such unavailability.
The User undertakes to use the charging socket that corresponds to his needs and the technical characteristics of his Vehicle. EVPASS cannot be held liable for any damages that may result from an improper use of the charging capacities made available to the User.
To charge his Vehicle, the User must pass his Badge on the Terminal reader in order to unlock access to the socket and allow the Vehicle to be connected. The User must then connect the charging cable to the socket of the Terminal to his Vehicle.
At the end of use, the User must release the Terminal by placing his Badge on the Terminal reader and by disconnecting the cable from the Terminal socket. Access to the plug is then unlocked, triggering the opening of the Terminal hatch allowing the User to insert the cable back into the Terminal if the cable is provided by the Operator. The User must then close the flap. The User is informed that only the complete closure of the Terminal's flap interrupts the invoicing of the charging service.
In the event that the Terminal cannot be properly released, the User must immediately notify EVPASS and/or the Operator by means of the contact information indicated on the charging site or by telephone at the number mentioned under Article 17.
It is not possible to make multiple simultaneous charges with the same subscription.
The User undertakes not to use the charging system and the Terminals in an abusive and/or inappropriate manner with the services offered by EVPASS. EVPASS reserves its rights to interrupt, immediately and without notice, access to EVPASS services if they appear to be misused and/or improperly used with the services offered by EVPASS.
Assignment of parking spaces to charging
Parking spaces in charging terminals dedicated to the charging services may only be used for the purpose of charging Vehicles. The User must therefore not park on these spaces when no charge is in progress. The User shall ensure that the parking space is freed for charging within half an hour (30 minutes) of the end a charge.
The User is liable for any damages caused to EVPASS by the violation of Article 7.1, in particular in connection with costs of removing the Vehicle away or lost profits.
If the User breaches the obligations of Article 7.1, EVPASS reserves its rights to claim for compensation from the User in the amount of CHF 1'000.- per breach. The payment of penalties does not release the User from his duty to comply with the obligations provided for under Article 7.1. EVPASS reserves its rights to claim for additional damages and to request an immediate cessation of the violation of Article 7.1.
The User is responsible for ensuring that the accessories are in good condition before using the Terminals made available by EVPASS.
The User must at all times remain vigilant to any signal emitted by the warning lights appearing on the Terminal and/or his Vehicle.
In the event of an alert, such as an anomaly or failure shown on the Terminal, the User will take all necessary measures to ensure the safety of the Vehicle and third parties. The User shall immediately contact EVPASS and/or the Operator by means of the contact information indicated on the charging site or at the number mentioned under Article 17.
Prices, invoicing and payment terms
Users who have subscribed to EVPASS services conclude an EVPASS subscription, the costs of which are available on the website www.evpass.ch
EVPASS ensures a detailed display and communication of charging services' prices on the Terminals it owns and operates directly. In addition, charging services' prices are available at all times on the website www.evpass.ch where the different charging services' prices are indicated according to the option chosen by the User.
Since EVPASS does not own and/or operate all the Terminals made accessible via EVPASS services, different tariffs may be applied by other Operators.
The charge price does not include any related costs, such as parking. Any costs associated with the charge price are communicated to the User by EVPASS on the charging services sites it operates. In the event of a Terminal owned and/or operated by a third party, it is the User's responsibility to obtain information from the said third party in accordance with the means made available to him on the charging site. EVPASS cannot be held responsible for any failure by a third party to communicate its prices.
During a charge requested by the User, payment for the services/goods requested is made according to the payment method chosen by the User.
Payment may in particular be made by direct billing of the credit card communicated to EVPASS by the User on his account. The User can also pay by SMS or contactless payment, if the Terminal is compatible. The User can also credit his account with EVPASS, through the website www.evpass.ch or through the App. EVPASS draws the User's attention to the fact that an amount credited to the User's account may not be refunded to the User in the event that the balance is not used at the end of the contractual relationship. At the end of each charge, the User is notified with an invoice by e-mail, using the details communicated by him to EVPASS on his account.
In order to avoid misuse of the Terminal network, in particular within the meaning of Article 6.10, EVPASS limits the amount of monthly charges to a maximum of CHF 1'000.-, except in the event of credits made by the User to his account.
With the EVPASS subscription, the User has the possibility to use the charging services provided by EVPASS and its partners.
With the consumer charging solution, the User pays the charging services (as well as any associated costs) for each charge request.
Limitation of use
EVPASS provides its best efforts to ensure high availability of its network of Terminals. However, it is not in a position to guarantee uninterrupted or undisrupted services, as well as the absence of delays or limitations in charging capacities.
In order to allow Users optimal accessibility to the Terminals, EVPASS provides on its website www.evpass.ch a tool that allows to see, in real time, the positioning and availability of the Terminals. However, EVPASS does not own all the Terminals made available to Users on its network. Any guarantee by EVPASS regarding availability, quality, maintenance, operation or assistance is thus excluded.
EVPASS and/or third party partners may carry out maintenance work at any time that may interrupt the operation of the Terminal network as well as the websites of EVPASS and/or third party partners.
EVPASS does not guarantee permanent physical access to the Terminals, especially when the Terminals are located in car parks that are closed at night.
Rights and responsibilities in general
In the contractual relationship between EVPASS and the User, the latter can be required to register with EVPASS based on a group agreement concluded between EVPASS and another natural or legal person (e.g. employer, leasing company, service companies, etc.) (hereinafter referred to as the "Group"). The provisions relating to the liability of the parties under the present GTCs are applicable to the Group, who is jointly liable of the User's obligations.
EVPASS reserves its rights to adapt the GTCs at any time, including prices and services.
Changes are brought to the User's attention by EVPASS in an appropriate manner, generally through its website and/or through one of the means of communication provided by the User on his account.
As a reminder, it is the User's responsibility to ensure that his contact information is up to date and that a communication can be sent to him at any time. In the absence of opposition from the User, the modified GTCs shall be deemed accepted within thirty (30) days of the notification of the modifications.
Responsibilities of EVPASS
EVPASS is only liable for its acts or omissions in the event of willful misconduct and within the applicable legal limits.
EVPASS's liability for its auxiliaries, affiliated entities and/or third party service providers is excluded without limitation.
EVPASS is not liable under any circumstances for indirect or subsequent damages endured by the User.
In particular, EVPASS may under no circumstances be held liable for the User's and/or the Group's:
Missed profits, missed savings or claims by third parties, as well as damages resulting from a defect in the Terminals and damages to the Vehicle and/or its battery.
Losses or damages caused to the Vehicle, its accessories and/or occupants during a charge as well as to objects and personal effects inside the Vehicle. EVPASS assumes no obligation to monitor and will in no case be liable for any damages or disappearance of the Vehicle not resulting from its fault, in particular in the event of acts of vandalism.
In the event of fraud, misuse or improper use of a Badge not in accordance with its destination by the User.
Any malfunction or disruption, temporary or permanent, of the charging services, of a charging terminal or the website, which may be disrupted or made unavailable for technical and/or operational reasons.
EVPASS' liability is also excluded when the provision of its services is temporarily suspended, partially or totally limited, or even made impossible due to a case of force majeure. Force majeure includes natural phenomena of a particular intensity (avalanches, floods, etc.), armed conflicts, strikes, unexpected official restrictions, power outages, the spread of a virus, etc.
Responsibilities of the User
The User assumes full responsibility for the use of the Terminals, Badges and/or App.
The User undertakes to update the App as soon as updates made available. If updates are not made regularly, EVPASS draws the User's attention to the fact that the App may no longer work.
The User is liable for the use of the Terminals, including by third parties when they use the User's account, with or without the User's consent. In particular, the latter is required to pay all amounts invoiced following the use of the Terminals. This also applies to products and services ordered or obtained through the User's account.
The User undertakes to use the charging services in accordance with the GTCs. In this respect, the User undertakes to:
use the Terminals strictly in accordance with their purpose and technical characteristics;
strictly comply with the prescriptions and technical characteristics of his Vehicle when charging, in particular the manufacturer's instructions on the maximum duration and power of the charge;
connect to the Terminal only electric Vehicles or rechargeable hybrid Vehicles legally placed on the market;
immediately inform EVPASS of any failure or damage affecting the Terminal by calling the number mentioned under Article 17.
EVPASS ensures the processing of the data mentioned under Article 14.1 is made in accordance with the applicable legislation, in particular the Swiss Federal Data Protection Act (DPA) and the EU General Data Protection Regulation (GDPR).
EVPASS takes measures to ensure the protection, integrity and confidentiality of Users' personal information, which it collects, holds or processes. However, absolute protection against unauthorized intrusion or eavesdropping cannot be guaranteed. EVPASS declines all responsibility for such events.
The mandatory or optional nature of data collection is specified on the various forms. Any failure to provide the mandatory data will result in the impossibility of becoming or remaining a User with EVPASS.
EVPASS only collects, records and processes the data necessary for the provision of its services, the payment of services, the establishment and the maintenance of its relations and of the contractual relationship with the User, as well as for the operational and structural security.
This data will be used in the context of the execution of the contract concluded between the User and EVPASS. Other personal data of the User, such as in particular those relating to the charging of the Vehicle or the conditions of use of the charging services by the User, may also be collected (in particular by the Terminals) and used anonymously by EVPASS.
If an EVPASS service is provided by or in collaboration with third party service providers, in particular the Group, the User allows EVPASS to transfer his data to such third parties, insofar as they are necessary for the provision of the services in question.
Such will be the case for group agreements, concluded between EVPASS and the Group. In that case, the User agrees that EVPASS transfers to the Group detailed information on his/her consumption (e.g. place of refill, time of the day, tariff, quantity, etc.), technical data (e.g. the number of the used terminal, type of refill used, etc.) and every other necessary data to the execution of the agreed services in the group agreements.
Data processing shall be carried out in an appropriate manner and in such a way as to preserve the User's information confidential. The data can also be transmitted abroad. Third parties to whom the data is sent are subject to the data protection legislation of their country, equivalent to the applicable Swiss data protection provisions.
Validity of the contract
These General Terms and Conditions are effective as of December 2nd, 2019 and for an indefinite period.
In the event that certain provisions of the present GTCs are considered null and void, the other provisions shall remain in full force and effect. In this case and if necessary, the wording of the invalid or no longer appropriate provision will be reviewed in order to preserve the meaning of the GTCs as a whole.
Applicable law, interpretation and jurisdiction
The GTCs are exclusively subject to Swiss law.
The GTCs are made available to Users in several languages. For the purposes of interpretation, the French version of the GTCs shall prevail in the event of any discrepancy between the versions.
Any disputes, controversies or claims arising from or relating to this contractual relationship, including its validity, nullity, possible violations or termination, shall be submitted to the Tribunal d'arrondissement in Lausanne for any amount in dispute up to CHF 100'000.-. In the case of disputes involving an amount exceeding CHF 100'000.-, a related action must be brought before the Chambre patrimoniale cantonale in canton Vaud. Mandatory forums are reserved (see in particular Articles 32 and 35 CPC related to consumers). The right to appeal to the Swiss Federal Court is reserved.