Green Motion (hereinafter ‘GM’) provides the customer (hereinafter the ‘user’ or ‘users’) with charging stations (hereinafter the ‘charging station’ or ‘charging stations’) for rechargeable electric or hybrid vehicles (hereinafter the ‘vehicle’ or ‘vehicles’). GM allows access to these charging stations to users who have taken out an SMOTION subscription.
These General Terms and Conditions of Sale (hereinafter the ‘Terms and Conditions’) correspond to the SMOTION subscription and the vehicle charging service.
GM has installed, and continues to install, charging stations throughout Switzerland and in some border areas. Users may, by selecting one of the several payment options on their SMOTION account, plug their vehicle in to GM’s charging stations.
By accessing and making use of the charging service, users agree to be bound by these Terms and Conditions which establish a contractual relationship between GM and the user.
Users shall be responsible in particular for using the charging stations in accordance with the law and with these Terms and Conditions and for the timely payment of the services obtained.
The charging service may be used by individuals and companies subject to acceptance of these Terms and Conditions and supply of the information required for subscription.
Under the terms of the charging service, users may charge their vehicle at a charging station or in a parking space equipped with a charging point. Users access and use the charging service by means of the access options offered by GM.
Public charging station: public charging stations may be used by any user, whether or not they have an SMOTION subscription.
SMOTION charging station: SMOTION charging stations are generally only for use by SMOTION members unless they offer the option of contactless or SMS payment, in which case the SMOTION charging station is also a public charging station.
Vehicle: all rechargeable electric and hybrid vehicles authorised to park in the space associated with the charging station.
Operator: the operator is the entity (public, business or private service) that manages a charging station network. The SMOTION charging station network comprises several different operators. Different operators can offer a charging service to SMOTION account subscribers under a roaming agreement. GM is the operator of some charging stations, but the same does not apply to all charging stations.
SMOTION Card: this card is associated with an SMOTION subscription. It enables use of the charging stations in the SMOTION network.
App: the official GM mobile application allows users to monitor and top up their account and activate the charging station during the charging process. Like the SMOTION card, it provides access to the charging stations in the SMOTION network.
Badge: general term for a card, badge or other device equipped with an RFID chip compatible with Green Motion charging stations.
Users must have opened an account on the smotion.evpass.ch website in order to use the services offered by GM. The information supplied to SMOTION at the time of setting up the account shall be subject to the terms and conditions established in these Terms and Conditions.
Users declare that all information and documents supplied at the time of subscription are accurate and undertake to notify GM immediately of any change to said information by updating their SMOTION account. The supply of incorrect or incomplete information may result in the automatic termination of the right to use the charging service.
Users have access to a dedicated personal area on the SMOTION website through which they can consult their bills and consumption history (location, duration, cost of each charge).
Users are responsible for the safekeeping of the login and passwords assigned to them. It is the responsibility of users to instigate all security precautions that this information may require. In the event of the loss or theft of a user’s login and/or password, or in the event that they become aware of the unauthorised use by a third party of their login and password, they should contact GM immediately.
Badge and application
Each badge is equipped with a chip and antenna and must be treated with basic precautions in order to function properly. Users have sole responsibility for the use of each badge issued and undertake to respect all of the instructions of use provided for their information, notably refraining from bending, folding or cutting it, protecting it from excessive heat and cold, electromagnetic exposure, high levels of humidity and any other factors clearly incompatible with the proper functioning of the badge.
Failure to follow these instructions may result in a reduction in effective access to the service.
Lost, stolen or damaged badge(s):
In the event of the loss or theft of badge(s), users should immediately deactivate their badge via their account on the smotion.evpass.ch website. Should this not be possible, users should get in contact with GM. Users may request the issue of replacement badges which will be delivered and billed under the conditions in accordance with the prices in force at that time.
In the event of failure to take the above steps, GM does not accept any liability in the event of the misuse by a third party of a lost or stolen badge, the user remaining liable for the amounts accruing from any use of each badge they hold.
In the event that a badge is defective, the user shall notify GM immediately and return the badge to GM at the address stated under Article 18. If the defect is not due to the actions of the user, the defective badge will be replaced free of charge. GM will then deactivate the badge with effect from the time it received notification of the loss, theft or defective state of the badge.
GM may itself initiate the deactivation or, where applicable, replace the badge in the event of termination of the contract by GM or in cases of fraud or if the badge has been tampered with or infringed or if it becomes obsolete following changes made by GM to the charging service and/or to the charging stations. In all events, GM shall prove prior notification to the user and, where applicable, supply a new badge.
As an alternative to the badge, users may download the free App to their smartphone. Several mobile devices may be linked to one SMOTION account.
The provisions of points 5.1 to 5.4 applicable to the App shall apply by analogy.
Charging a vehicle
Users undertake to use the services offered by GM in accordance with the rules in force. In the event of use in breach of the rules in force, GM accepts no liability in the case of damage.
Before use, users should ensure that a charging lead compatible with the charging station and suitable for connecting their vehicle is available. GM does not guarantee the availability of charging leads at all charging stations.
Use of the charging service is subject to taking out an SMOTION subscription. To use a charging station, it must be activated using the badge or via the App.
Users undertake to use the charging socket that is appropriate for the needs and technical characteristics of their vehicle.
Before charging a vehicle, users must swipe their badge over the badge reader on the charging station in order to unlock access to the socket and to allow the vehicle to be plugged in. Users should then connect the charging lead between the socket on the charging station and their vehicle.
At the end of use, users must free up the charging station by swiping their badge on the charging station reader and removing the charging lead connecting their vehicle to the charging station socket. This will disconnect the connection to the socket, releasing the cover on the charging station and permitting the user to replace the charging lead, in the event the lead was supplied by the operator. Users must then reclose the cover. Billing for the charging service only halts once the cover is fully closed.
In the event that a user cannot correctly disconnect from the charging station, they must notify the operator on the telephone number given under Article 18.
It is not possible to simultaneously charge several vehicles using the same subscription.
Allocation of parking spaces for charging
Charging station parking spaces intended specifically for charging vehicles can only be used for charging vehicles. Users shall therefore refrain from parking in these spaces when no vehicle is being charged.
Users are reminded of the importance of verifying that all accessories are in good working order before they use the charging stations.
Users must remain vigilant to any warning light alerts on the charging station and/or on their vehicle.
In the event a problem is detected, such as an anomaly or fault noted on the charging terminal, users shall take all necessary steps to ensure the safety of the vehicle and third parties, such as, in particular, unplugging their vehicle and calling the number given under Article 18.
Price, billing and payment terms
SMOTION subscription: SMOTION subscription prices and rates can be consulted on the smotion.evpass.ch website.
Charging prices: the price list is available on the SMOTION website, indicating the various charging prices according to the selected option. These rates apply solely to charging stations operated by GM, other rates may be imposed by other operators. The charging price is exclusive of any associated costs, such as parking costs.
Billing: payment is made automatically by credit card, directly on the SMOTION website. SMS or contactless payment is also possible, if the charging station is equipped with this function.
Users may top up their account via the smotion.evpass.ch website or the App.
Except in the case of prepaid user accounts, charging is subject to a maximum limit of CHF 1,000 per month.
Email notification of any debit made directly on the user’s credit card will be sent to the address recorded on the user’s account.
For the term of the contract, the customer has a non-transferable and non-exclusive right to use the services and products. The content and scope of this right is set out in the contract documents. GM – or authorised third parties – reserve all intellectual property rights either existing or that may emerge in the performance of the contract regarding its services and its products.
Limitation of use
GM shall make every endeavour to ensure a high level of availability of its charging station network. It cannot however guarantee operation without interruption or interference to the network, nor determined charging times or capacity. GM reserves the right to carry out maintenance works at any time that may potentially interrupt the operation of its charging station network and its website.
GM does not own all the charging stations. No guarantee in respect of availability, quality, maintenance, operation or assistance can be provided. GM shall do its utmost to offer customers access to charging stations, to which end GM shall provide a tool on its website that users can use to view the location and availability of charging stations in real time.
GM does not guarantee constant physical access to the charging stations, in particular when these charging stations are located in car parks that are closed at night.
Green Motion’s rights and responsibilities
GM reserves the right to modify its rates, services and the Terms and Conditions at any time. Users will be notified of modifications by GM in an appropriate manner, generally via its website.
If GM increases its rates and, in so doing, users incur a higher overall price or if GM changes a service contracted by the user to the significant detriment of the latter, the user shall be entitled to request the early termination of the service in question up until the time and at the effective date of the modification, with the customer bearing no financial consequences therefrom. If the user does not take this action, within a maximum period of 30 days from the date on which the user was notified of the modification(s), the modifications shall be deemed accepted.
GM may not under any circumstances be held liable to the user for:
Loss of or damage to the vehicle and its accessories or personal items and effects during the charging process. GM does not accept any liability for safeguarding nor will it under any circumstances be held liable for any damage or disappearance of the vehicle not caused by it, specifically acts of vandalism;
Fraud or the abuse or misuse of a badge for uses other than its intended purpose by the user;
Any malfunction of or temporary disruption to the charging service, one or more charging stations or the website, in the event they are disrupted or rendered temporarily unavailable for technical and/or operational reasons.
The customer’s responsibilities
Users use the charging stations, the SMOTION card and the App at their own risk (use in normal conditions).
Users undertake to update the App as soon as updates become available. In the event that a user does not do so, the App may cease to function.
The customer is responsible for the use of the charging stations, including by third parties, if their account is used by them. It is bound in particular to pay all sums billed following the use of charging stations. This also applies to products and services ordered or obtained using their account.
Users undertake to use the charging service in accordance with these Terms and Conditions and subsequent to acceptance thereof. In this respect, users undertake to:
Use the charging station in an appropriate manner, in line with its intended purpose and the technical characteristics of the vehicle concerned;
Respect the instructions of the vehicle manufacturer as regards the maximum charging duration and capacity.
Only plug rechargeable electric or hybrid vehicles that are lawfully placed on the market into the charging station.
Notify GM of any breakdown or damage to the charging station by calling the number given under Article 18.
In the event of a breach in this contract, GM is liable to the customer for any proven damage, unless GM can demonstrate that it is not at fault.
GM is not liable for damage caused by minor negligence. It will however, reimburse, per harmful event, the material damages and monetary damages up to the value of the services supplied over the course of the previous contractual year, up to a maximum value of CHF 1,000.
In so far as permitted by law, GM shall not in any event be held liable for any subsequent losses, lost profits or lost data. It shall not furthermore be held liable for damages resulting from the use of its services in breach of legal and contractual provisions.
GM, furthermore, does not accept liability in the event the supply of its services is momentarily suspended, restricted in full or in part or rendered inaccessible by reason of force majeure. A case of force majeure is understood to mean natural phenomena of particular intensity (avalanches, floods, etc.), armed conflict, strikes, unforeseen official restrictions, power outages, the spread of a virus, etc.
GM processes the data mentioned in 15.1 in accordance with applicable law, in particular the Swiss Federal Act on data protection (the loi fédérale sur la protection des données).
GM takes steps to ensure the protection, integrity and confidentiality of the personal data from users that it collects, holds or processes. However, absolute protection against unlawful interception cannot be guaranteed. GM does not accept any liability for such events.
The mandatory or optional nature of data collection is specified on the various forms. Any failure to provide mandatory information may be incompatible with becoming or remaining a user.
GM only collects, records and processes such data as is necessary for the supply of its services, the payment of the services and the establishment and maintenance of its relationship with its clientele.
This data will be used within the framework of performing and managing the contract and the charging service. Other personal data from the user, such as, in particular, data pertaining to the charging of the vehicle and modes of use of the charging service by the user, may also be collected (more specifically by the charging stations) and used anonymously by GM.
If a GM service is supplied in collaboration with third parties, GM may transmit the data corresponding to the customer to said third parties, in so far as they are necessary for the supply of the services in question.
Validity of the contract
These Terms and Conditions are effective as of 1 February 2016 for an indefinite term.
In the event that any clauses of these Terms and Conditions become null and void, the other clauses shall remain in full force. In this event, and if necessary, the null and void or obsolete clause shall be revised in order to preserve the meaning of the Terms and Conditions as a whole.
Jurisdiction and applicable law
These Terms and Conditions shall be subject to Swiss law. Lausanne is the place of jurisdiction for all proceedings. Mandatory places of jurisdiction remain reserved (see in particular Article 32 and 35 of the Swiss Civil Procedure Code [CPC] on consumers).
Any dispute arising from the interpretation or performance of these Terms and Conditions shall be brought before the competent courts in the place where GM is headquartered.
Correspondence and information
Email : firstname.lastname@example.org
There is a hotline, available 24 hours a day, every day on +41 58 221 96 60 for all technical problems concerning the charging stations.
Address : Green Motion SA - Chemin de Maillefer 61 - CH-1052 Le Mont-sur-Lausanne - Switzerland
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