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Regulations

Providing electric vehicle charging services at charging stations and MSP charging stations

CHARGEIN MSP SP. z o.o. with its registered office in Warsaw, at ul. Domaniewska 52, 02-672 Warsaw, entered into the register of entrepreneurs of the National Court Register maintained by the District Court for the capital city of Warsaw in Warsaw, 12th Commercial Division of the National Court Register, under KRS number: 0001063635, NIP number 7011169083, REGON number 526666051 (hereinafter referred to as the „Charging Service Provider”), establishes these regulations for the provision of services by the Charging Service Provider in the scope of the Electric and Hybrid Vehicle Charging Service at MSP Charging Stations to Users, making payments for the Charging Service, as well as the method of using the Charging Stations (hereinafter referred to as the „Regulations”).

1. DEFINITIONS
The terms used in the Regulations mean:

  1. Application – software installed by the User on Mobile Devices (equipped with Android or iOS), the functionality of which provides the ability to connect to the Charging Station and the simultaneous use by the User of Charging Services.
  2. Operator – entity responsible for the construction, management, operational safety, operation, maintenance and repairs of the Charging Station.
  3. Fee– fee for the Charging Service settlement unit expressed in Polish zloty (gross) specified in the price list located at the Charging Station or in the Application.
  4. Ad-hoc payments – all non-cash payments for the Charging Service performed using payment instruments, without the need for the User to create a User Profile in the Application and without the need to use the Application.
  5. Vehicle – an electric vehicle or a hybrid vehicle equipped with appropriate connectors that can be connected to the Charging Station in in order for the User to use the Charging Service, with the appropriate functionality enabling its execution.
  6. User Profile – the User’s account/profile in the Application that allows the use of the Charging Service at Charging Stations.
  7. Technical break – any break in the availability of the Charging Station caused by the need to carry out repair, maintenance or modernization work, a break due to the decision of the Operator, Charging Service Provider or Spiria , interruption in the availability of the Application, as well as any other event that prevents or hinders the use of the Charging Services or making payments for this service.
  8. Force majeure – an external, impossible or almost impossible event foreseeable, which affected the ability to provide the Charging Service, the effects of which cannot be prevented, in particular: fire, flood, war, strike, actions of state authorities, terrorist attack, power failure and other similar nature and effects, as well as special situations related to the specific nature of the Charging Service Provider’s activity, in particular: hacker attacks, viruses, software failures of the Charging Station or Application.
  9. Spirii – Spirii APS DK Company Reg. No: 40657339 Bragesvej 8 A 2200 Copenhagen N Denmark, the entity responsible for operating the billing system for the Charging Services at Charging Stations in the event of a payment transaction being made by the User for the Charging Services using the Application.
  10. Charging Station – a device used for charging Vehicles with electricity that meets the requirements specified in Art. 2 point 27) of the Act on Electromobility and Alternative Fuels of 11 January 2018 (Journal of Laws of 2018, item 317).
  11. MSP Charging Station – Stations Charging, the Operator and owner of which is CHARGEIN CPO Spółka z o.o. with its registered office in Warsaw, at ul. Domaniewska 52, 02-672 Warsaw, entered into the register of entrepreneurs of the National Court Register maintained by the District Court for the capital city of Warsaw. Warsaw in Warsaw, 12th Commercial Division of the National Court Register, under the KRS number: 0001104637, NIP number 7011100884, REGON number 522808382.
  12. Website – the website of the Charging Service Provider at https://www.chargein.com/ containing information about the offer, prices and conditions of the Charging Service at MSP Charging Stations.
  13. Payment Terminal – a device enabling the handling of cashless payments made using payment instruments by the User in order to pay for the Charging Service at the Charging Station, without the need to create a User Profile in the Application and without the need to use the Application.
  14. Agreement – ​​ the contractual relationship concluded between the Charging Service Provider and the User entitling the User to use the Charging Service at the Charging Station under the terms and conditions set out in these Regulations, payable in accordance with the prices applicable at the Charging Stations or indicated in the Application for the period necessary to provide the Charging Service and make the payment by the User.
  15. Mobile device – the User’s device that allows for downloading and installing the Application from Google Play or App Store, equipped with the Android or iOS operating system, with access to the location service and an Internet connection, which are necessary for the proper functioning of the Application. performance of the Charging Service.
  16. Charging Service – Vehicle charging service using the infrastructure of the Charging Station using the Application or Payment Terminal in order to make a payment for this service.
  17. User – only adult natural persons with full legal capacity and legal persons or entities without legal personality who have access to the Application on the Mobile Device and the Charging Service or who otherwise use the Charging Service, including those who are consumers within the meaning of the provisions of the Civil Code of April 23, 1964 (Journal of Laws No. 16, item 93).
  18. User Profile Verification – all activities performed by the Charging Service Provider carried out by sending a verification code to the e-mail address indicated by the User when Registering the User Profile in the Application, which, when entered in the Application by the User, will result in the creation of a User Profile.
  19. Registration of the User Profile – all activities performed by the User in Application, in particular filling out the User Profile registration form located in the Application, providing true and detailed data concerning the User (personal data or data of a legal person, an organizational unit without legal personality, address, telephone number, e-mail address) and creating a password and login for the Application.
2.GENERAL PROVISIONS
  1. These Regulations define the rules for the provision of a paid Charging Service by the Charging Service Provider at the Charging Station to Users, using the Application installed on the User’s Mobile Device or the Payment Terminal located at the MSP Charging Station.
  2. These Regulations also constitute the regulations for the provision of services by electronic means, referred to in Art. 8 sec. 1 point 1 of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws of 2020, item 344) in the scope of some services provided electronically.
  3. The Regulations also specify the terms of provision and use of the Charging Service.
  4. The Regulations are available on the Website and in the Application, which allows Users to familiarize themselves with their content at any time.
  5. Each User is obliged to familiarize themselves with the content of these Regulations and comply with all provisions contained therein. The Regulations are an integral part of the Agreement concluded between the Charging Service Provider and the User.
3.GENERAL RULES FOR USING THE CHARGING STATION USER RESPONSIBILITY
  1. The Charging Station is open during the hours and days indicated in the Application for each Charging Station. The availability of the hours and days of the Charging Station may change, which will be updated accordingly in the Application. The User who expresses a desire to use the Vehicle Charging Service is each time obliged to check the availability of the Charging Station they intend to use in the Application.
  2. The Charging Station is intended solely for the User’s use of the Vehicle Charging Service. The permitted parking time of the Vehicle during the use of the Vehicle Charging Service is always visible in the Application.
  3. After the permitted parking time of the Vehicle during the use of the Charging Service has elapsed, the User will be informed via the Application about the end of the Charging Service time. From the moment of receiving the notification referred to in the previous sentence, the User is obliged to disconnect the Vehicle from the Charging Station and move the Vehicle in a way that allows other Users to use the Charging Station, under penalty of additional fees being charged. The time of the Vehicle’s stay at the Charging Station, after which an additional fee is charged, and the time of sending the next notification, depends on the Charging Station and will be indicated accordingly in the Application.
  4. The User is obliged to (i) follow all instructions located at the Charging Station, (ii) follow the rules of proper operation of the Charging Station, (iii) follow road traffic regulations, (iv) refrain from behavior that could lead to the destruction or damage of the Charging Station, as well as not to (v) disconnect (independently) another Vehicle that uses the Charging Service.
  5. Failure by the User to comply with the rules and conditions specified in these Regulations may result in liability for damages to the Charging Service Provider and third parties.
  6. The User is fully liable for damage caused by their behavior or omission, in particular in the scope of damage to the Charging Station infrastructure.
  7. The Charging Service Provider prohibits connecting Vehicles to the Charging Station, that do not have valid third party liability insurance, transport hazardous materials and substances, do not have a valid technical inspection, as well as have a faulty battery or electrical installation.
4.RULES OF USING THE CHARGING STATION
  1. The User is obliged to read the Charging Station instructions and the messages displayed in the Application each time (before starting the Charging Service).
  2. Before starting the Charging Service, the User is obliged to confirm that they have read and accepted these Regulations. Any refusal to confirm these Regulations means resignation from the Charging Service.
  3. Before starting the Charging Service, the Vehicle User is obliged to properly park the Vehicle within the Charging Station, lock the Vehicle and immobilize the Vehicle and turn off the lights and all sources of electricity.
  4. In order to use the Charging Service, the User is obliged to first download the Application and Register a User Profile, which requires subsequent User Profile Verification. The previous sentence does not apply to Users who use the Charging Service using the Payment Terminal located at the Charging Station.
  5. Registering the User Profile and the subsequent Verification of the User Profile simultaneously constitutes acceptance of the terms of providing the Charging Service described in these Regulations, the price list located at the Charging Station and the Fee indicated in the Application.
  6. From the moment the Charging Service begins until its completion, the User is obliged to remain logged in to the User Profile, which requires a permanent and active Internet connection on the Mobile Device. Using the Application is free of charge, subject to possible data transmission costs resulting from agreements concluded by the User with telecommunications operators or other Internet providers.
  7. At selected MSP Charging Stations, the Charging Service Provider offers the possibility of making Fees for the Charging Service using Payment Terminals. Such use of the Charging Service does not require Registration of the User Profile and Verification of the User Profile. By using the Charging Service via the Payment Terminal, the User accepts the terms and conditions of the Charging Service described in these Regulations, the price list located at the Charging Station or the Fee indicated in the Application. The entity responsible for handling the settlement system of the Charging Services at MSP Charging Stations in the case of transactions using the Payment Terminal is the Charging Service Provider, who is also responsible for handling payments and issuing bills and VAT invoices to Users using the Charging Services at MSP Charging Stations. At other Charging Stations, the entity responsible for carrying out transactions using the Payment Terminal are third parties.
  8. In order to use the payment using the Payment Terminal, the User is obliged to hold the payment card close to the Payment Terminal before starting the Charging Service. After holding the payment card close, the individual Payment Terminal operator will block funds (pre-authorization) on the User’s bank account for the duration of the Charging Service. After the Charging Service is completed, the User is obliged to settle the fee for the Charging Service. Unused funds (pre-authorization) will be unblocked within the time limit resulting from the internal regulations of the bank handling the User’s payment card, and the amount constituting the fee for the Charging Service will be debited from the User’s bank account.
  9. The amount of funds (pre-authorization) is each time specified on the Payment Terminal.
  10. Conclusion of the agreement for the Charging Service requires the User to (i) accept these Regulations, (ii) accept the payment regulations specified in the Application, (iii) grant the required consents regarding the processing of personal data (necessary for the performance of the Agreement) and within the scope of payments made for the Charging Service, (iv) Register the User Profile and Verify the User Profile (if required at a given Charging Station).
  11. In order to use the paid Charging Service, the User is required to provide the User’s payment card details in the Application. This does not apply to Users who make payments for the Charging Service using the Payment Terminal located at the Charging Station.
  12. User authorization data is stored by the cashless payment operator, the Charging Service Provider, and Spirii. Verification of User data by the cashless payment operator, the Charging Service Provider, and Spirii may consist, among other things, in blocking funds in the User’s bank account with the value indicated in the Application before starting the Charging Service.
  13. The funds remain blocked for the entire period of the Charging Service. If the User interrupts the Charging Service before using all the blocked funds, the remaining difference will be unblocked and the User will be charged only for the value of the electricity actually drawn or the time of the Charging Service.
  14. The Charging Service is started by (i) the User selecting the Charging Station from the list indicated in the Application and pressing the „START” button, (ii) placing the User’s payment card on the Payment Terminal after parking the Vehicle and connecting the Vehicle to the Charging Station.
  15. After the Charging Service is completed, the User should disconnect the power cord of the Charging Station in accordance with the instructions displayed at the Charging Station and leave the Charging Station in accordance with the Permitted Vehicle Parking Time.
  16. The entity responsible for operating the Charging Service billing system using the Application at the Charging Stations is Spirii. Spirii is responsible in particular for the correct execution of payments for Charging Services by Users, issuing invoices to Users using Charging Services at Charging Stations via the Application and ensuring the security and compliance of Users’ cashless transactions with applicable legal regulations, including the provisions on personal data protection (GDPR). In the event of payment for Charging Services by the User using the Payment Terminal at MSP Charging Stations, the entity responsible for the above obligations is the Charging Service Provider.
  17. Spirii ensures the continuity of the payment system in the Application at Charging Stations, including monitoring and solving any technical problems. Any technical problems related to payments for Charging Services made via the Application should be reported directly by the User to the Charging Service Provider, who will ensure their proper handling and, if necessary, forward the report to Spirii for their resolution. In such situations, the Charging Service Provider remains the first point of contact for the User.
  18. The Charging Service Provider will inform the User each time about the impossibility of using the Charging Service at the Charging Station via the Application.
  19. The Charging Service Provider is responsible for informing Users about any changes in the payment system used at the Charging Stations using the Application, regulations or rules of using the Charging Services, about which it has been previously informed by Spirii.
5.PAYMENTS FOR THE CHARGING SERVICE
  1. Registration of the User Profile and Verification of the User Profile does not require any additional fees from the User.
  2. When starting the Charging Service, the User is fully aware that this service is payable in accordance with the price list located at the Charging Station or the Fee indicated in the Application.
  3. All fees (cashless transactions) made by the User for Charging Services at Charging Stations using the Application are transferred directly to Spirii. Spirii is responsible for issuing bills and VAT invoices to Users for each completed Charging Service using the Application at Charging Stations. In the event of a payment (cashless transaction) for the Charging Services by the User using the Payment Terminal at the MSP Charging Stations, the entity responsible for the above obligations is the Charging Service Provider.
  4. The User is obliged to settle all payments arising in connection with the implementation of the Charging Service to the Charging Service Provider in accordance with the price list available at the Charging Station or the Fee indicated in the Application.
  5. The Charging Service Provider indicates that the price for the Charging Service at the MSP Charging Stations is always available on the Website, as well as on the display of the MSP Charging Station and in the Application.
  6. The Charging Service Provider indicates that a change in the price for the Charging Service at the MSP Charging Stations does not constitute a change to these Regulations.
  7. Before starting the Charging Service, the User has the opportunity to familiarize themselves with the amount of the Fee for the Charging Service in the Application or at the Charging Station. At the time of starting the Charging Service, the User accepts the amount of Fees and the price.
  8. The User is fully aware that entering payment card details in the Application in order to Register the User Profile is tantamount to expressing consent to debiting the User’s payment funds at the start of the Charging Service.
  9. In the event of an unsuccessful payment for the Charging Service, the User is obliged to immediately settle all fees in this respect.
  10. In the event of the need to return payment funds for a transaction made by the User via the Application, the Charging Service Provider via Spiria undertakes to return the funds to the bank account assigned to that payment card. In the event of a need to return payment funds for a transaction made by the User using the Payment Terminal at MSP Charging Stations, the Charging Service Provider undertakes to return the funds to the bank account assigned to the payment card.
  11. If the User’s payment card assigned to the User Profile in the Application expires, the Charging Service Provider is entitled to refrain from providing the Charging Service to such User until the User provides current details of the active payment card in the Application.
  12. For each Charging Service made using the Application, Spirii provides a sales document confirming the sale of the Charging Service (receipt), which is always visible in the Application. The User who is an entrepreneur (within the meaning of art. 43 (1) of the provisions of the Civil Code of 23 April 1964 (Journal of Laws No. 16, item 93) may submit a request to the Charging Service Provider to issue a VAT invoice. The Charging Service Provider sends such a request to Spiria, which is responsible for issuing a VAT invoice in the case of the Charging Service performed using the Application. The Charging Service Provider sends the VAT invoice to the User’s e-mail address indicated in the User Profile in the Application.
  13. The condition for issuing a VAT invoice is that the User provides the necessary data to the e-mail address: application@chargein.com. Regardless of the payment method, the User is obliged to send an e-mail message with the data necessary to issue a VAT invoice to the address indicated above.
  14. The User who has a User Profile in the Application consents to the delivery of accounting documents to him/her by electronic means by the Charging Service Provider. The provision of the Charging Service is not possible in the event of withdrawal by User’s consent to receive VAT invoices electronically.
  15. The User has the right to view the history of their transactions via the Application. In this respect, Spirii ensures transparent access to this data in a manner consistent with the principles of transparency and applicable law.
  16. Spirii, through the Charging Service Provider, has the right to change the Charging Service settlement system specified in these Regulations, about which it will inform the User each time by sending a message to the e-mail address indicated in the Application, within 7 days before the planned change.
6.USER PROFILE IN THE APPLICATION
  1. The Charging Service Provider reserves that the condition for the User to use the Charging Service at the Charging Station is the Registration of the User Profile and Verification of the User Profile in the Application. The condition expressed in the previous sentence does not apply to Users making payments for the Charging Service using the Payment Terminal located at the Charging Station.
  2. Registration of the User Profile and Verification of the User Profile requires an active e-mail (the User’s personal e-mail address).
  3. The Application has all the necessary functions and information that the User is obliged to familiarize themselves with before using the Charging Service.
  4. The User may delete the User Profile in the Application at any time, without giving any reason and is free of charge. Deleting the User Profile is tantamount to terminating the agreement for the use of the Application with immediate effect and the User’s will to resign from further use of the Application. The User is aware that deleting the User Profile automatically deletes all User data contained in the User Profile. In no case does the deletion of the User Profile release the User from the obligation to pay the fees due for the Charging Services provided by the Charging Service Provider.
  5. The User Profile permits use by only one User. The User may not use the User Profile in the Application in a way that causes disruption or damage to the IT system of the Charging Service Provider or Spiria. The User may not transfer the data to the User Profile to third parties that will enable them to use the Charging Service without their knowledge and consent. The User undertakes to make every effort to avoid unauthorized access to the User Profile.
  6. In the event that the User shares the login data of the User Profile with third parties, the User will be charged by the Charging Service Provider or Spiria for the use of the Charging Service by such persons. The User is obliged to immediately notify the Charging Service Provider of each case of obtaining the data referred to in the previous sentence.
  7. The User is solely responsible for the correct Registration of the User Profile and Verification of the User Profile in terms of the data provided (and their truthfulness) necessary to set up the User Profile in the Application. The User is obliged to update the data in the User Profile each time they change, in particular in terms of paying the Fee or issuing an accounting document for the Charging Service.
7.LIABILITY OF THE CHARGING SERVICE PROVIDER
  1. The Charging Service Provider shall not be liable for the inability to use the Charging Service at the Charging Station by the User if the cause is beyond their control (Force Majeure), as well as in the event of a failure of the Charging Station, a failure of the Charging Service Provider’s ICT systems, lack of coverage of the Internet and mobile networks of the User, the Charging Service Provider or Spiria, the period of necessary modernization/repair work at the Charging Station. The Service Provider undertakes to immediately inform in the Application of any cases specified in the preceding sentence.
  2. The Charging Service Provider indicates that the information contained on the Website or Application is for informational purposes only and does not constitute an offer within the meaning of the provisions of the Civil Code of 23 April 1964 (Journal of Laws No. 16, item 93).
  3. The Charging Service Provider provides the Charging Service to the extent and in the form in which it is available at the Charging Station, without providing any guarantee or any other obligations to the extent permitted by law. Due to the specific nature of the Charging Service, the Service Provider does not guarantee uninterrupted and failure-free operation of all Charging Stations and the possibility of fully charging the Vehicle each time.
  4. The Charging Service Provider is not obligated to the User to ensure that the Charging Service at the Charging Station is always available continuously and free from faults and defects 24 hours a day, seven days a week.
  5. The Charging Service Provider is not responsible for the inability to terminate the Charging Service due to reasons beyond its control. In such a case, the User is obliged to pay the entire Charge for the Charging Service.
  6. The Charging Service Provider is not responsible for the use of the Charging Service from the User Profile by third parties without the User’s consent. In such a case, the User is obliged to pay the full Charge for the Charging Service.
  7. The Charging Service Provider is not responsible for faults and defects that prevent the connection of the User Profile in the Application with the Charging Station.
8.COMPLAINTS
  1. The User may submit complaints via e-mail to the following address: reklamacje@chargein.com.
  2. The complaint should include the User’s data enabling their identification, a description of the complaint, taking into account comments, in particular regarding the Charging Service performed.
  3. The Charging Service Provider shall consider complaints within 14 days from the date of its submission, excluding situations in which the User failed to include in the content of the complaint the information specified in par. 2 above. In such a case, the deadline for considering the complaint runs from the date the User completes the necessary data and information.
  4. The response to the complaint will be sent by the Charging Service Provider via e-mail.
  5. In the case of complaints regarding payments using the Application, the User should contact the Charging Service Provider. The Charging Service Provider will forward the report directly to Spiria. The complaint will be considered in this manner within 14 days from the date of its submission, excluding situations in which the User did not include in the content of the complaint the information specified in paragraph 2 above.
9.TERMS OF WITHDRAWAL FROM THE AGREEMENT
  1. The User may at any time resign from the Charging Service by deleting the User Profile without incurring any additional fees.
  2. Deleting the User Profile is tantamount to terminating the Agreement.
  3. However, deleting the User Profile entitles the Charging Service Provider and Spiria to store the User’s data for the period necessary to establish, pursue or defend claims in accordance with generally applicable provisions.
  4. The Agreement may be terminated by the Charging Service Provider for an important reason in accordance with the provisions of generally applicable law.
  5. In this respect, the provisions of the Civil Code of 23 April 1964 (Journal of Laws No. 16, item 93).
  6. The Charging Service Provider will inform the User about the termination of the Agreement by sending a statement in electronic form to the e-mail address indicated in the User Profile in the Application.
  7. No provision of these Regulations excludes or in any way limits the rights of the consumer or entrepreneur under the consumer rights resulting from the provisions of law. In particular, the User who is a consumer has the right to withdraw from the Agreement within 14 days without giving a reason.
10.PERSONAL DATA PROCESSING
  1. The administrator of Users’ personal data is CHARGEIN MSP SP. z o.o. with its registered office in Warsaw, at ul. Domaniewska 52, 02-676 Warsaw, entered into the register of entrepreneurs of the National Court Register maintained by the District Court for the capital city of Warsaw. Warsaw in Warsaw, XIIth Commercial Division of the National Court Register, under KRS number: 0001063635, NIP number 7011169083, REGON number 526666051, and Spirii with its registered office in Denmark Bragesvej 8 A, 2200 Copenhagen N, registered under registration number DK: 40657339.
  2. Users’ personal data processed by CHARGEIN MSP SP. z o.o. concern in particular the handling of the use of Charging Services in Poland, as well as the implementation of other services that are provided through it. Spirii processes Users’ personal data within the scope of its activities and services related to the handling of the billing system for Charging Services made using the Application at all Charging Stations.
  3. Each of the personal data controllers independently determines the principles of personal data processing, in accordance with the requirements resulting from the GDPR and other relevant national regulations. If you have any questions regarding the processing of personal data by CHARGEIN MSP SP. z o. o., Users can contact us at the address indicated in these Regulations, and in the case of questions concerning the processing of personal data by Spirii – at the registered office address indicated above.
  4. All personal data are processed in a manner consistent with the requirements of generally applicable law, in particular with Regulation (EU) 216/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR), the Act of 10 May 2018 on the protection of personal data (Journal of Laws of 2018, item 1000), the Act of 18 July 2002 on the provision of services by electronic means (consolidated text: Journal of Laws of 2017, item 1219, as amended) and the Telecommunications Law (consolidated text: Journal of Laws of 2017, item 1219, as amended) U. of 2017, item 1907, as amended).
  5. Detailed principles of processing Users’ personal data by the Charging Service Provider are specified in the Information Clause available on the Website and in the Application in a manner that allows for free familiarization with its content at any time.
  6. Each of the above administrators is responsible for ensuring compliance with the provisions of the law in relation to the processing of Users’ personal data within the framework of their activities.
11.FINAL PROVISIONS
  1. In matters not regulated in these Regulations, the provisions of the law generally applicable in the territory of the Republic of Poland shall apply, in particular the provisions of the Civil Code of 23 April 1964 (Journal of Laws No. 16, item 93).
  2. The Service Provider reserves the right to change these Regulations.
  3. Each change to the Regulations shall be effective after seven days from the date of its publication in the Application or on the Website.
  4. Users with a User Profile shall be informed of each change to the Regulations via the Application and the date of its entry into force.
  5. If any of the provisions contained in these Regulations is deemed invalid, the Regulations shall remain in force in their remaining part, excluding the invalid provision. resolution or resolutions.
  6. These Regulations shall enter into force on February 10, 2025.

APPENDIX NO. 1 TO THE REGULATIONS

PROVISIONS OF CHARGING SERVICES FOR ELECTRIC VEHICLES AT MSP CHARGING STATIONS (PRICE LIST)