1. General
P-Air AB, org.nr 559210-1637 (the "Company") provides charging services for electric and hybrid vehicles via the P-Air Recharge app ("P-Air Recharge") to customers in Sweden (the "Customer"). The services (the "Services") provided through P-Air Recharge are described in more detail below in Section 3.1.
These terms ("General Terms and Conditions") apply to the Services provided by P-Air to the Customer and complement the specific terms and conditions entered into or concluded between the Company and the Customer. In the event that there is a conflict between the specific terms and the General Terms and Conditions, the specific terms take precedence..
By the Customer applying via P-Air Recharge for registration with the Company (see Section 3.2) to use P-Air Recharge, the Customer approves and accepts to be bound by these General Terms and Conditions. Binding agreements (the "Agreement") between the Client and the Company arise when the Company confirms the Customer’s registration and the Customer accesses the Services via P-Air Recharge. The General Terms and Conditions are part of the Agreement between the Client and the Company.
2. Definitions
The following words and terms shall have the meaning set forth below in these Terms and Conditions:
| "General Terms and Conditions" | has the meaning set forth in Section 1.1. |
| "The Agreement" | has the meaning set forth in Section 1.3. |
| "The Company" | has the meaning set forth in Section 1.1. |
| "Digital key" | means a digital key that the customer receives via Booking of parking space via P-air and which is used / required when entering and exiting parking areas. |
| "Property owners" | refers to the property owners and other landlords who provide Charging Areas and with whom the Company cooperates. |
| "Credit card" | has the meaning set forth in Section 4.3. |
| "Customer" | has the meaning set forth in Section 1.1. |
| "Charging Area" | has the meaning set forth in Section 3.1. |
| "Charging time" | refers to the time a Customer after payment uses a Charging Area. |
| "Charging Areas" | refers to the demarcated areas where Charging Areas are arranged. |
| "Password" | has the meaning set forth in Section 4.4. |
| ”"P-Air Recharge" | refers to the Company’s application, P-Air Recharge, through which the Services are provided to the Customer. |
| "Party" | refers to the Company and/or the Client. |
| "Personal Data Policy" | has the meaning set forth in paragraph 18. |
| "Partners" | refers to the Company’s partners. The property owner is not covered by this concept. |
| "Service" | has the meaning given in Section 3.1. |
| "The Website" | refers to the Company’s website https://pair.se/. |
Concepts given in the singular have the corresponding meaning in the plural and vice versa. The same applies to concepts that are given in definite and indefinite form, respectively.
3. The Services
P-Air Recharge is an application that provides the Customer with the possibility to charge electric and hybrid vehicles (the "Service" and "Charging Area", respectively).
At any given time, a description of available Services is available on the Website. The Website also lists all services that the Company, at any given time, provides via P-Air Recharge.
4. Registration
In order to use P-Air Recharge and the Services, it is required that the Customer is registered as a user with the Company.
The application is made via P-Air Recharge, via the Website or in any other way specified by the Company. The Company reserves the right to reject the registration application for no reason.
The application for registration can be made via the Website, P-Air Recharge or in another manner specified by the Company at any given time. In connection with the application for registration, the Customer must provide the requested information, such as name, telephone number, e-mail address and in any case the registration number of at least one vehicle. In addition to this, information is required from the Customer regarding the choice of any of the payment methods that the Company accepts as well as information about debit / credit cards (together "Credit cards") or (where applicable) other necessary information for electronic payment to be made. When the Customer has received confirmation that the application has been accepted, the registration is complete and the Customer can use Charging Areas.
In connection with the Company’s acceptance of the Customer’s application, a unique password is sent to the Client that the Customer can later replace with his own password ("Password") to log in to his account on available media.
Once the application has been approved, the Customer receives a time-limited (non-exclusive) right to use P-Air and the Services. The right to use P-Air Recharge and the Services are not transferable and are valid during the contract period and as long as the Customer has an active account. A prerequisite for the right of use is that the Customer fulfills its obligations under the Agreement. The Company further reserves the right to terminate an account if no Booking has been made through the account for a period of 2 years.
Some Services require that the Customer has enabled the "allow access to location information" and/or "allow push notifications" feature on their mobile phone. The Company reserves the right to change the technical platform of P-Air Recharge and the Services and also the right to update and further develop P-Air Recharge and add additional services to the Services without prior notice to the Customer.
5. The Customer’s responsibilities (in addition to specific commitments under Section 6)
The Customer guarantees that the information provided by the Customer during registration and thereafter in all respects is correct and that the information is immediately updated if provided information is no longer correct. It is the Customer’s responsibility to ensure that the Parking Space is booked for the right vehicle. In no case is the Company liable for incorrectly registered data, regardless of the method of registration.
The Customer is responsible for ensuring that the registered Credit card is valid, is not blocked and that coverage for current amounts is available. No later than one calendar month before the Credit card expires, the Customer shall notify the Company of information regarding a new credit card.
The Customer shall at all times follow the Company’s instructions.
The Customer is responsible for ensuring that the Password and Digital Key are stored and used in a secure manner and are not disclosed or otherwise made accessible to third parties.
If
The Customer has reason to suspect that an unauthorized person has accessed or has knowledge of the Password and/or Digital Key;
The Customer has reason to suspect that someone has changed the Customer’s registered information; or if the registered vehicle(s) are transferred or otherwise not in the Customer’s possession;
the Customer shall without delay inform the Company of such conditions so the Company can take appropriate measures, such as blocking the Password and/or Digital Key and/or the Customer’s account or updating the Customer’s registered information. Notification is made via the Website or through Recharge.
In addition, the Customer shall also otherwise keep the Company informed of conditions that are of importance for the Agreement and / or the performance of the Services.
The Customer is responsible for ensuring that all external equipment needed for the use of the P-Air and the Services such as mobile phone, tablet, computer or other technical equipment works correctly and at all times is compatible with P-Air and the Services. The Customer is also responsible for updating P-Air to the latest version. Requirements are available on the Website.
6. P-Air Recharge – further information about charging via P-Air Recharge
Through P-Air Recharge, the Customer can search for an available Charging Area and pay for the use of the Charging Area. The Company is not responsible for the availability of an available Charging Area.
Payment of the Charging Area is made directly to the Company through P-Air Recharge. The current tariff and total amount for the Charging Area (including VAT) are stated in P-Air Recharge. Booking is considered completed when the Customer has received confirmation that the payment has been accepted and received the Digital Key and it is not until when this has been done that a Charging Area can be used.
It is the Customer’s responsibility to check that payment has been made.
The Services can only be used in the Charging Areas and Charging Areas connected to P-Air Recharge. The Charging Areas and Charging Areas connected to P-Air Recharge are stated in both the Website and P-Air Recharge.
When entering and exiting the Charging Area, the Customer shall ensure that no unauthorized person is given access to the Charging Area.
Information about completed charges can be found on the Website for a period of 24 months, after completion of the charge.
Connected Charging Areas are marked with P-Air Recharge’s stickers and logo as well as with general information about terms of use.
The Customer is obliged to comply with laws and regulations as well as the regulations that the different Property Owners have established for each Charging Area.3
The Customer is responsible for littering, the release of oil or other environmentally hazardous substances or other pollution that occurs at the Charging Area during the Charging Time.
The Customer’s right to use the Charging Area ends at the end of the Charging Time.
The Customer does not have the right to allow anyone other than the Customer to use the Charging Area during the Charging Time.
The Charging Area is normally available around the clock. However, planned downtime may occur. The Customer understands that deviations in functionality as well as unforeseen errors and interruptions may occur. Interruptions due to unforeseen events are rectified as soon as possible by the Company or third parties. The Company is not responsible for any damage or loss that occurs as a result of the Charging Area not being available, out of order or being in incorrect condition.
The charging capacity, i.e. how fast the battery of the electric and hybrid vehicle is charged, depends on several factors such as, for example, the technical conditions of the electric and hybrid vehicle, the battery charge level and the capacity of the Charging Area, of which the component with the lowest capacity will determine the power that the electric and hybrid vehicle can assimilate. The Company cannot therefore guarantee that charging of electric and hybrid vehicles will be able to be carried out within any maximum specified time limit or with a certain minimum power.
It is the Customer’s responsibility that charging of electric and hybrid vehicles begins and ends according to instructions. To ensure that charging has begun, the Customer must observe the information from the charger and take into account the instrumentation of the electric and hybrid vehicle. It is also the Customer’s responsibility to ensure that the electric and hybrid vehicle and any accompanying charging cable have the right conditions to charge at the Charging Area.
The Company has the right to update P-Air Recharge with new functions and otherwise change P-Air Recharge to, for example, adapt P-Air Recharge to new technology, new safety standards or new administrative routines.
Bolaget har rätt att uppdatera P-Air Recharge med nya funktioner och i övrigt ändra P-Air Recharge för att exempelvis anpassa P-Air Recharge till ny teknik, ny säkerhetsstandard eller nya administrativa rutiner.
7. Maps and positioning
By giving P-Air Recharge access to the mobile’s location information and by allowing push notifications, the Customer can via P-Air Recharge see the nearest available Charging Area and Charging Area.
8. Prices, fees and payment terms
Charging fees and possible fees vary between the different Charging Areas. Before each charging occasion, the Customer is informed of the current price for a Charging Area. All prices and fees are stated including VAT.
Payment is made by debiting the Customer’s registered Credit card or by another payment method accepted by the Company. The Customer selects and accepts the payment method in connection with the registration application. For information on other payment terms, please refer to the relevant payment service provider.
If payment is not made in due time, the Company is entitled to interest on arrears in accordance with the Interest Act (1975:635) from the due date until full payment has been made. The Company is also entitled to reimbursement of costs (such as payment reminders and debt collection claims) for the collection of the amount due.
9. Intellectual Property Rights, etc.
All copyrights (including rights to software, source code, object code and algorithms) and other intellectual property rights (including trademark rights and patents) attributable to P-Air Recharge (and its content) and the Company are held or licensed by the Company or its suppliers and Partners. No such rights are transferred in any way to the Customer – whether through the Agreement or through the use of P-Air Recharge. The Customer shall not be entitled to copy, distribute, sell, publish, transfer, lend, sublease, modify, or otherwise dispose of or take any action with respect to the software used by P-Air Recharge. The customer does not have the right to engage in reverse engineering, decompilation, disassembly or otherwise attempt to access the source code of the software.
The Customer shall ensure that all information and materials transmitted to P-Air Recharge are free of malicious elements or program code or malware (such as viruses and Trojan horses). The Customer is responsible for ensuring that information that the Customer uploads on the Website or makes available through P-Air Recharge does not infringe another’s rights or is otherwise in conflict with law, regulation or another’s right.
The Company applies appropriate security measures to protect data. The Company is not responsible if data, despite security measures taken, has become available to third parties without the Company acting negligently.
10. Liability of the Company
The Company is not liable for any damage or loss caused to the Client as a result of:
The Customer’s fault or negligence, including that the Customer has not correctly started or terminated the Service (regardless of whether the Customer has chosen to receive a reminder or push notification from the Company) or that the Customer has used the wrong Charging Area or used the Charging Area even after the Charging Time has expired,
that the Customer has not assimilate the information provided,
that the Customer has not fulfilled its obligations under the Agreement or otherwise has not followed the Company’s instructions,
that the Customer has parked his vehicle in violation of applicable laws, rules and / or regulations established by the relevant Property Owner or which are otherwise applicable in relation to the Charging Area where the Customer parks the vehicle,
failure or lack of functionality attributable to the Customer’s mobile phone or other technical equipment (such as e.g. shutdown or discharge),
interruption, disruption or delay in telephone, Internet or other communication connections, or the action or omission of a telecommunications operator or electricity supplier affecting the functionality of the Service or its provision;
ainterruption or lack of availability of the Service,
damage to or loss of vehicles or other property;
unauthorized use of the Password and/or Service, or Force Majeure (see Section 16).
lack of compatibility between the Customer’s car and the Charging Area or due to the Customer’s use of the Service or the Charging Area in violation of the instructions and technical requirements that are in force in the Agreement or that the Company has otherwise communicated to the Customer.
The Company’s total liability shall under no circumstances exceed an amount corresponding to a price base amount, unless the Company has acted intentionally or grossly negligently.
The Company is not liable under any circumstances for indirect damage or consequential damage such as, for example, lost profits. The Company is also not responsible for damage in the relationship between the Client and third parties.
11. Customer’s liability
The Customer shall indemnify the Company for damages or losses caused to the Company as a result of the Customer’s fault or negligence or the Customer’s non-fulfillment of the obligations under the Agreement or the Company’s instructions.
If the Customer through error or negligence causes damage to the Charging Area, the Customer shall compensate the Company or third parties for the damage.
The Customer shall further indemnify the Company from any claim against the Company from third parties that is a direct or indirect consequence of the Customer’s use of P-Air Recharge.
12. Complaints
Any complaint by the Customer must be made without delay and no later than within 60 days from the time the event that gave rise to the complaint occurred or from the time when the Customer became or should have become aware of a charge the Customer wishes to lodge a claim about. The complaint must clearly state the nature of the error. The Customer shall, to a reasonable extent, assist the Company in any investigation as a result of a complaint.
13. Notices (Customer Service)
Messages that cannot be conveyed via P-Air Recharge or the Website shall be communicated to the Company’s customer service as set forth below:
| Telephone number: | 036-330 00 90 |
| E-mail address: | info@pairparking.com |
| Adress: | Brunnsgatan 20, SE-553 17 Jönköping, Sweden |
14. Term of contract, early termination, etc.
The Agreement takes effect from the time the Company has confirmed the Client’s registration (see Section 4) until it expires in accordance with the Agreement, or as otherwise agreed in writing.
The Customer may terminate the Agreement upon immediate termination by notice to the Company’s customer service.
The Company has the right to immediately suspend the Customer’s access to P-Air Recharge and terminate the Customer’s account and/or terminate the Agreement until immediate termination if:
The Customer materially fails to comply with its obligations under the Agreement, the Customer fails to fulfil, or there are reasonable grounds to believe that the Customer will not fulfil, its payment obligations to the Company or does not have a valid Credit card or other payment method, as applicable, registered through the Company,
The Client according to the Company’s reasonable assessment can be expected to be insolvent,
The Customer uses P-Air Recharge in violation of the Agreement or in a way that may cause damage to the Company or third parties,
The Customer has repeatedly parked vehicle in violation of applicable laws, rules and/or regulations established by the Property Owner,
KThe Customer has provided incorrect, incomplete or misleading information, or the Company in an overall assessment makes it likely that the Customer can be considered to be involved in, otherwise connected with, criminal activity.
The termination of this Agreement (for any reason) shall not affect the rights and/or obligations of the Party that have arisen before the date of termination of the Agreement.
15. Right of withdrawal
For private Customers, the Customer’s order of P-Air is covered by the Distance and Off-Premises Contracts Act (2005:59). This means, among other things, that the Customer has the right to withdraw from an order for P-Air within the framework of the Agreement without giving any reason (right of withdrawal) within 14 days of the Customer receiving a confirmation of his order (the withdrawal period). In order to exercise the right of withdrawal, the Customer must, before the end of the withdrawal period, notify the Company that the Customer wants to withdraw from the order (it is sufficient that the Customer’s message has been sent before the withdrawal period has expired). The Customer can also use the standard form developed by the Swedish Consumer Agency, which is available on the Swedish Consumer Agency’s website (www.konsumentverket.se).
Please note that the right of withdrawal is limited. If the Customer commences the use of P-Air Recharge, the Customer agrees that the Company will begin the completion of the P-Air Recharge delivery, even if the withdrawal period would not have expired and that there thereby is no right of withdrawal. The Customer thus acknowledges that the Customer has no right of withdrawal from the time the Customer commences the use of P-Air Recharge.
If the Customer withdraws from an order on the basis of the right of withdrawal, the Company will, without deduction, refund what the Customer has paid for P-Air covered by the current order. The refund will be made without undue delay and in any case no later than 14 days from the date on which the Company was notified of the Customer’s decision to withdraw from the order. According to the Distance and Off-Premises Contracts Act (2005:59), the Customer has the right to withdraw from the Agreement by notifying the Company of this within 14 days of approved registration.
16. Force Majeure
The Company shall not be liable, or liable for, any deficiency or delay in respect of the Company’s obligations under the Agreement if the deficiency or delay is due to circumstances beyond the Company’s control. Examples of circumstances beyond the Company’s control are fire, flood or other natural disaster, war event, terrorist attack, epidemic, strike, interruption, disturbance or delay in telephone, Internet or other communication connection, interruption of public transport, accident, explosion, unrest, law enforcement or government action.
17. Privacy
The parties undertake not to disclose confidential information regarding the other Party without the other Party’s consent. However, the Customer acknowledges and agrees that the Company will provide information about the Services and their use to Property Owners and Partners in order to fulfill its obligations to them. The Customer further acknowledges and agrees that the Company will report any misuse of the Services, criminal activity, fraudulent or inappropriate conduct and/or suspicions thereof to the police or other authorities.
18. Processing of personal data, etc.
PPersonal data is processed and handled in accordance with applicable legislation and in accordance with the Company’s current personal data policy (the "Personal Data Policy"). The personal data policy is available both on the Website and via P-Air Recharge.
The Customer has the right at any time to request deletion of his user account and associated personal data with the exception of data that the Company is legally obliged to retain.
19. Modifications, assignment, etc.
The Company reserves the right to change these General Terms and Conditions. Changes are communicated via P-Air Recharge and on the Website. If the Customer subsequently continues to use P-Air Recharge even after the changes have been published, the Customer will be deemed to have accepted the changes.
At any given time, the General Terms and Conditions are available on both P-Air Recharge and on the Website.
The Company has the right to transfer all or part of its rights and/or obligations under the Agreement without the Client’s consent. Furthermore, the Company has the right to engage subcontractors for the performance of its obligations under the Agreement.
The Client is not entitled to transfer his/her rights and/or obligations under the Agreement without the Company’s written consent.
20. Miscellaneous
The Agreement constitutes the Parties' complete regulation of the matters to which the Agreement relates.
The parties agree that should any provision of the Agreement be found invalid or unenforceable, the provision and other terms of the Agreement shall apply to the extent permitted.
21. Disputes and applicable law
Swedish law shall apply to the Agreement.
Any dispute arising out of the Agreement shall primarily be resolved by voluntary agreement between the Parties. If the parties cannot reach an agreement, the dispute may, at the Customer’s request, be examined by the National Board for Consumer Disputes (ARN). Disputes can also be tried by Swedish public courts with Jönköping District Court as the first instance.
The European Commission offers a website to help dissatisfied customers resolve disputes: http://ec.europa.eu/consumers/odr/.
This paragraph shall apply even after termination of the Agreement.