1. Terms of Use of the TUI eCharge App

1.1. TUI eCharge App is TUI’s property i.e. that associated data collected through the application regarding the location of charging locations belongs to TUI. This data may not be used for purposes other than the use of TUI eCharge, nor may it be transferred to third parties.

1.2. TUI also offers access to charging on the customer’s own charging points as well as at the recharging points included in a public network of Spirii ApS CVR No. DK40657339 In the following called “Spirii”. Spirii’s charge point via the TUI eCharge App app, which also allows direct payment for charging.

1.3. TUI eCharge App is downloaded from the App Store or Google Play, and when creating the customer as a user, the customer must approve the terms.

1.4. Registration of payment cards is required for payment via TUI eCharge App.

1.5. Payment for the charge is then made via the payment card specified by the customer. The customer subsequently has the option to change his debit card under their personal profile settings. The payment itself is made via STRIPE.

1.6.TUI, Spirii or Stripe may make a credit check on the customer.

1.7. Charging via TUI eCharge App applies only to the charge points that are part of TUI or Spirii’s charging network as well as the charging points included via roaming partners.

1.8. Payment for each transaction is recorded on the customer and the use of TUI eCharge service is considered at all times as the customer’s acceptance of the collection and conclusion of a contract to purchase charging between the customer and TUI.

1.9. If the customer becomes aware that TUI eCharge App has been used unauthorized in the customer’s name, the customer should immediately contact the Customer Service operated by Spirii at phone number +49 511 566 21255 and block his TUI eCharge App account to avoid abuse. The customer service may require the customer to confirm the block in writing, and in the event of theft, Customer Service may also require the customer to report the incident.

1.10. Under the Payment Act on unauthorised transactions in payment instruments, TUI is liable for losses resulting from TUI eCharge App being misused by another person. However, in the case of unauthorized transactions arising out of the customer’s breach of the obligations imposed on the customer under these terms, in the form of gross negligence, the customer shall be liable for the full amount up to a maximum of EUR 1.000. The customer is never responsible for any losses that occur after TUI eCharge App has been blocked under § 2.9.

1.11. In addition to what follows from Section 2.10, TUI is not liable for any loss of, damaged or otherwise unusable mobile phone in connection with charging via TUI eCharge App

2. Equipment and use of TUI charge points

2.1. The customer is responsible for providing, if necessary, a Mode 3 Type 2 cable for AC charging at stations with Mode 3 Type 2 connectors.

2.2. The respective owners of recharging points in the TUI eCharge App / Spirii network are responsible for ensuring that the charge points comply with applicable standards, laws and regulations. If the customer has signed a Connect service agreement on the charging points with TUI / Spirii, TUI / Spirii has assumed this responsibility as long as the customer has a Connect service agreement with TUI / Spirii.

2.3. The charging capacity of the charging points is dependent on several factors, such as the technical condition of the electric car, the battery level and the capacity of the recharging point, where the component with the lowest common denominator will determine the power that the electric car can receive. TUI cannot therefore guarantee that charging the customer’s electric car is possible within a minimum/maximum power range.

2.4. Instructions for using TUI’s recharging points can be found either in the TUI eCharge App on or next to the charging points.

2.5. The recharging points may only be used for charging electric cars.

3. Availability

3.1. Charging services are available to the customer 24 hours a day, but in practice the possibility of charging may be limited, e.g. by charging. because some of the recharging points are not available at certain times of the day due to special and/or local restrictions e.g. in the form of parking rules.

3.2. TUI aims to ensure that recharging points in TUI network are as functional as possible. If the charging point is affected by technical faults, TUI will try to correct the fault as soon as possible. If a recharging point is out of service for an extended period of time, this will be indicated in the inventory on TUI eCharge App.

3.3. TUI reserves the right, without compensation to the customer, to modify or temporarily close the charging service or recharging point for, for example, the customer.com. updates, maintenance and error correction or due to force majeure conditions beyond TUI’s control.

4. Payment

4.1. Use of the charging service with the TUI eCharge App is recorded on the customer in TUI’s customer systems. Based on the charging history of the last month, the customer’s usage is collected on an invoice.

4.2. The Customer shall be responsible for paying TUI for all use of the charging service carried out with the TUI eCharge App, unless the customer has informed TUI that the TUI eCharge App has been missused in accordance with Article 10(2) of Regulation (EC) No 1782/2003. section 2. However, this does not apply if the customer has contributed to the unauthorized use through fraudulent or negligent use.

4.3. Payment shall be received by TUI no later than the due date as stated on the invoice. If payment is not made in a timely manner by the customer, TUI is entitled to claim interest from the customer in addition to the invoice amount, according to the interest law from the due date stated on the invoice. In the case of faulty payment by the customer, TUI is also entitled to charge a reasonable fee for handling payment reminder or reminder.

4.4. TUI has the right to suspend a customer for a period of time if the payment terms are not met. (See also section 9 of the agreement’s validity)

4.5 TUI eCharge App enables charging and payment on TUI's own, as well as external operators’ charging equipment.

4.6. The applicable price for charging on a recharging point in TUI's network is shown in the overview of the charging location in TUI eCharge App and is clearly described to the customer before a charge can begin. TUI does not add additional charges to the price charged to the customer for each charging location.

4.7. Charging made via TUI eCharge App is billed, after charging, on the credit card registered by the customer. The customer will receive a receipt in the TUI eCharge App as well as on email where total charging consumption and total price will appear.

4.8. When using voucher codes, the customer must enter the relevant voucher code in TUI eCharge App in order to be able to charge at the price allowed by the voucher code.

4.9. If TUI charging points are charged via a platform other than TUI eCharge App, TUI will not be responsible for any charges. additional costs imposed from this platform.

5. Consumption data and personal data

5.1. The data collection of the user’s location is essential for the functionality of TUI eCharge App.

5.2. The information is stored and used exclusively in the app. The basis for the data collection requires the user’s permission to use location data through the device. The user can turn this access off at any time in the settings on the device. Deleted TUI eCharge App deletes all stored information.

5.3. Information about downloads and updates of TUI eCharge App is used to improve the app, as well as analysis work and administration.

5.4. The user is entitled to access the information collected, as well as verification, limit and removal of it. It is also in the law of the user to object to the processing of his information.

5.5. TUI stores charging history for each customer (such as information about which charge points are used, the amount of charge, the amount, and the time spent on charging). The charging history forms the basis for billing the customer.

5.6. TUIi processes personal data in accordance with the applicable legislation on the processing of personal data. Through this agreement, the customer consents to TUI processing the customer’s personal data, such as the customer’s personal data. name, address, telephone number and credit card information for the purposes listed below. The basis for TUI’s processing of personal data is the customer’s consent and the need to meet these conditions. If the customer withdraws his consent, TUI may continue to process the customer’s personal data to the extent necessary to meet the obligations arising from the terms and applicable law. Personal information is collected by TUI in connection with the Agreement and processed by TUI to the extent necessary to fulfill the agreement. Personal data can also be processed for market and customer analysis, business management, business development and risk management. Processing of personal data may also be carried out for direct marketing purposes with the customer’s consent. For more information about the customer’s rights as a result of TUI’s processing of the customer’s personal data, please refer to TUI Privacy Policy, which is available on https://www.tuigroup.com/. For questions or other matters related to TUI’s processing of personal data, please refer to TUI on +49 511 566 1255 or by email to echarge@tui.com.

5.7 For Eichrecht conform chargers, encoded meter data is stored encrypted on the charge detail record. The encoded meter data can be retrieved by the user of the TUI eCharge App by going to the receipt of the charging session. The data can be decoded and validated using the 3rd party Transparency Software from S.A.F.E. https://www.safe-ev.de/en/

6. Liability for errors, etc.

6.1. TUI shall not be liable for damages arising out of incompatibility between the customer’s electric car and recharging points, or because of the customer’s use of the charging services or recharging points if they conflict with the instructions and technical requirements set out in this Agreement or which TUI makes available to the customer at other times.

6.2. TUI shall not be liable for any indirect or consequential damages attributable to damage to the customer’s property and as a result of the customer’s use of the charging service or recharging point.

6.3. The customer is not entitled to compensation because a recharging point in TUI's public network is closed or is not working.

6.4. The customer is responsible for complying with all guidelines and requirements according to the instructions from TUIi from time to time. This includes responsibility for ensuring that the electric car that the customer uses for the charging service meets all charging requirements.

6.5. The customer is also responsible for the fact that charging cards and/or TUI eCharge App are not used by unauthorized persons.

6.6. TUI reserves the right to immediately block customer access to charging via the TUI eCharge App in the event of misuse if there is a risk of unsafe use of TUI eCharge App, suspicion of unauthorized use or the risk of the customer not fulfilling his obligations to Spirii.

6.7. TUI discerns responsibility for the customer’s loss caused by erroneous or inaccurate information in the form of information. use of TUI eCharge App. This is the same in situations where TUI eCharge App is not operational.

7. Transfer of contract

7.1. The Customer acknowledges that TUI may transfer all or part of its rights and obligations under this Agreement to another company within the same group or to another party that can reasonably be expected to fulfil the obligations under the Agreement in a satisfactory manner.

7.2. The Customer shall not have the right to transfer or otherwise transfer or transfer his rights or obligations to another person under the agreement.

8. Validity of the agreement

8.1. These terms of the contract are currently valid. TUI has the right to terminate this Agreement with immediate effect if the customer violates these Terms of Agreement or uses the charging services or a recharging point in such a way as to cause inconvenience or damage to TUI.

9. Changing conditions

9.1. TUI has the right to change these terms and conditions, provided that the customer is informed by email of the change at least two months before the change takes effect. In such cases, the customer is considered to have been notified two days after the e-mail has been sent.

10. Applicable law and disputes

10.1. These conditions are governed by German law.

10.2. Disputes arising out of the conditions are settled under German law before the Court of Hannover

11. Customer service

11.1. TUI’s customer service can be contacted by phone +49 511 566 1255 or by e-mail echarge@tui.com

Contact

TUI’s customer service can be contacted by phone +49 511 566 1255 or by e-mail echarge@tui.com