You should read these Terms carefully before using the Website and Bookmycharge Services. If you do not agree to these Terms please do not use the Website or Bookmycharge Services. By registering with us and by using the Website and/or Bookmycharge Services you indicate that you accept these Terms and that you agree to abide by them. This acceptance forms a legally binding contract between you and Bookmycharge (the “Agreement”).
1.1 In these Terms the following words have the following meanings:
Booking means the booking made by a User through the Website in respect of a particular Location for a specified Booking Period.
Bookmycharge Account means your account, as a User, registered on the Website and giving you access to the Bookmycharge Service.
Booking Period means the period of time the Owner authorises the User to access and use the Location. The Booking Period is selected by the User from available slots set out in the Listing and confirmed in the confirmation email if the Booking is accepted by the Owner.
Bookmycharge Fee means the amount payable by the User to Bookmycharge for the delivery of the Bookmycharge Service as more particularly described in clause 5.3. Where the User is also an Owner with an active Listing the Bookmycharge Fee shall be 10% of the Licence Fee, otherwise the Bookmycharge Fee shall be 20% of the Licence Fee.
Bookmycharge Service has the meaning given in clause 2 of these Terms.
Chargepoint means equipment, specifically designed for electric car charging with a Type 2 socket or tethered connector, installed at the Location to facilitate the connection of the car to the electricity supply and not including normal indoor or outdoor domestic 3 pin plug sockets or commando type connectors.
Dashboard means the section of the Website where Owners and Users can manage their Bookmycharge Account.
Fee means the total amount payable by the User in respect of the Booking, comprising the Licence Fee, the Bookmycharge Fee, the Stripe Transaction Processing Fee and UK VAT on the latter two elements.
Licence Agreement means the agreement between the Owner and User setting out the terms on which the Services are provided by the Owner and received by the User.
Licence Fee means the amount payable to the Owner in respect of the Booking, being equivalent to the Fee minus the Bookmycharge Fee
Listing means the area of the Website which contains information provided by Owners relating to a Location to allow Users to assess the suitability of the Location prior to making a Booking.
Location means the Chargepoint and Parking Area.
Owner means you, being the owner of the Chargepoint and associated Parking Area.
Overstay means the User occupying the Location outside of (either before or after) the Booking Period.
Overstay Fee means the sum charged to the User for an Overstay being a sum equal to the Licence Fee and Bookmycharge Fee.
Parking Area means the off-street parking area associated with the Chargepoint.
Removal Fee means the costs actually incurred by the Owner in procuring the removal of the vehicle less any Overstay Fee already paid to the Owner for the applicable Overstay.
Service means the provision of access to and use of the Location during the Booking Period which includes the amenities set out in the Listing, such amenities being, at a minimum, a working Chargepoint.
Special Terms means additional licence terms imposed by an Owner on a User as expressly stated in the Listing under the “Special Terms” section.
User means the person making a Booking for a Location through the Website.
Website means our website at www.bookmycharge.com or such other website or application through which the Bookmycharge Services are provided from time to time.
2. Agreed Terms
2.1 The Agreement is made between you and Bookmycharge and these Terms apply to all Bookmycharge Services.
2.2 The Bookmycharge Service is provided by Bookmycharge via the Website. The Website is a marketplace through which (a) Users can view Listings, search for Locations, make Bookings and pay the Fees; (b) Owners can post Listings; (c) Bookmycharge can accept or reject Bookings on Owners’ behalf and receive payment of Fees.
2.3 You acknowledge and accept that Bookmycharge provides the marketplace functionality and Bookmycharge itself does not provide or receive the Service. The contract for the Service is directly between the Owner and the User and is set out in the Licence Agreement. Bookmycharge is not party to that agreement and that agreement confers no rights, benefits, obligations, or liabilities whatsoever on Bookmycharge.
2.4 We may change the Terms from time to time. By using the Website, the Bookmycharge Service, or the Services you indicate your acceptance of the Terms, as amended, in force at that time. If you do not accept the changes you can terminate this Agreement, but you will be no longer entitled to use the Website, the Bookmycharge Service or the Service.
3.1 You must register for a Bookmycharge Account in order to publish Listings and receive Bookings.
3.2 The registration process requires you to provide us with information about the Location as well as certain personal information, including but not limited to, title, first name, last name, address, date of birth and a valid email address.
3.3 Once you have created your Bookmycharge Account you may publish a Listing to allow Users to search for your Location and make Bookings. You must ensure that your Listing provides all the necessary information relating to the Location to reduce the likelihood of a User booking the Location when the Chargepoint or the Parking Area is not suitable for their vehicle.
3.4 Users are required to provide their car registration number(s), car make(s) and model(s) so that Owners may identify them as the relevant User. You are required to keep this information confidential and to delete references to it within one week of the completion of the Booking Period.
3.6 Bookmycharge Accounts are password protected. The password you create for your Bookmycharge Account when registering should remain confidential and should not be disclosed to anyone else. You will be liable and responsible for all actions and omissions occurring on your Bookmycharge Account whether or not authorised by or performed by you or on your behalf.
3.7 Should you suspect your Bookmycharge Account has been compromised please notify Bookmycharge immediately via firstname.lastname@example.org, and we will deactivate your Bookmycharge Account enabling you to set up a new Bookmycharge Account with a different password.
3.8 We may suspend or close your Bookmycharge Account at any time if you are or we suspect that you are in breach of any term of this Agreement or any term of a Licence Agreement. If we suspend or close your Bookmycharge Account you will not be able to use our Services any longer and may not be able to access all areas of the Website.
3.9 You are not permitted to open more than one Bookmycharge Account. Each Bookmycharge Account can be used by you as an Owner and a User and you can have several Listings for different Locations if you wish.
4. Your Responsibilities
4.1 You must ensure the continued accuracy of the information provided when registering your Bookmycharge Account. Failure to do so may result in you not receiving notifications, Bookings or other communications and may lead to the suspension of your Listing and/or Bookmycharge Account.
4.2 You must ensure that your Listing is kept up to date so as to always represent accurately your Location’s availability, compatibility with electric vehicles, and functional status.
4.3 You will honour Bookings that you have accepted in accordance with 5.5.
4.4 All accepted Bookings will be subject to the terms of the Licence Agreement. For your convenience we present a Licence Agreement to Users which they have to accept prior to making the Booking. You are required to review this Licence Agreement and by placing a Listing and accepting Bookings you warrant that the terms of the Licence Agreement (together with any Special Terms) satisfy your requirements and that you have full right, power and authority to enter into this agreement with all Users for which you accept a Booking. The Licence Agreement refers to your Listing and Special Terms. No other terms will be incorporated into the Licence Agreement. In the event that there is any conflict between the terms of the Licence Agreement presented by us and the Special Terms, the Licence Agreement will prevail.
4.5 You must not use or permit anyone else to use your Bookmycharge Account fraudulently, or in connection with a criminal offence, in breach of any applicable law or statutory duty and you must not publish nor allow to be published in your Listing or anywhere else on the Website anything which is indecent, offensive or inflammatory.
4.6 You undertake to Bookmycharge that you are the owner or licensee of the Location and that you have full, unconditional right and authority to (a) enter into this Agreement with Bookmycharge; (b) provide the Services; and (c) enter into Licence Agreements with Users without any third party consent or additional payment.
4.7 You must take reasonable care to ensure that the Location is safe to use. This includes, but is not limited to, ensuring the Chargepoint has been installed professionally and is maintained to ensure its safe operation and the Parking Area is well maintained, accessible and free from anything likely to cause injury, harm or inconvenience.
4.8 If required you should provide guidance to the User on the safe operation of the Chargepoint either by telephone or in person or written instruction.
4.9 You will ensure that the Chargepoint is in working order at all times during the Booking Period.
4.10 You will ensure that in connecting the Chargepoint to the vehicle neither you nor the User will run a cable over public land.
4.11 You will inform Bookmycharge of any issue issues in relation to the Location, including but not limited to, a User’s inability to charge their vehicle for whatever reason by sending an email to email@example.com. Bookmycharge may suspend your Listing if you are unable to provide the Services but it is your responsibility to update your Listing if the Location is unavailable or not functioning.
4.12 You will not use the Website in a manner in such a way as to damage the functionality of the Website or reduce the use and enjoyment of the Website by other Users, Owners or third parties. Further, you will not use the Website in a manner that may negatively affect the reputation of Bookmycharge.
4.13 You will at all times in your dealings with the User, whether by email, phone or in person at the Location, be courteous and reasonable and not act in a way likely to harm Bookmycharge’s reputation or adversely affect Bookmycharge’s relationship with the User. Bookmycharge reserves the right to suspend or terminate your Bookmycharge Account if we are notified that you have breached this clause.
4.14 The User must be able to use the Location on arrival at the start of the Booking Period. If the Location does not match the Listing, is not as described, or is malfunctioning, or if an issue subsequently arises which halts the User’s proper use of the Location the User will contact you directly. In the first instance you should attempt to resolve any issues with the User directly. If you are unable to resolve an issue the matter should be referred to Bookmycharge and Bookmycharge may deal with the issue as set out in clause 7.
4.15 You and/or Users may cancel the Services only in accordance the cancellation terms outlined in the Licence Agreement.
5. Bookings and Payment
5.1 You agree that Bookings shall only be made through the Website and any associated Fees or other charges shall be processed and received by Bookmycharge on your behalf.
5.2 Bookings and associated Fees or charges shall be made in accordance this Agreement and the Licence Agreement.
5.3 The Bookmycharge Fee is non-refundable in the event of any cancellation or refund otherwise applicable in accordance with these Terms.
5.4 Once a User has confirmed the suitability of a Location, and accepted the User Terms and the Licence Agreement, a booking request or a booking confirmation will be sent to you through the Website, depending on whether you have set your listing to ‘instant’ or ‘accept/decline’ booking.
5.5 For accept/decline bookings, you must accept or decline the booking request which generates a confirmation email which goes to the User. Where you have not responded to a booking request within 12 hours, a reminder will be sent. If you do not respond within a further 12 hours then the Booking will be declined and the User will be notified.
5.6 If you receive an instant booking, or when you accept an ‘accept/decline’ booking request then a binding legal agreement is in place between you and the User, on the terms of the Licence Agreement and you and the User will receive the relevant email confirmation. The email confirmation will set out the details of the Booking, and include a copy of the Licence Agreement, these Terms, and contact details for you and the User.
5.7 The User will pay Bookmycharge the Fee in full once the Booking is accepted by the Owner. Bookmycharge will hold the Fee paid for two working days after the end of the Booking Period. If there is no complaint filed in accordance with clause 7, we will credit your Bookmycharge Account with the Licence Fee. Should a complaint and refund request be received by Bookmycharge within this period, Bookmycharge will hold the Fee until we have investigated the complaint in accordance with clause 7. If the complaint is upheld and Bookmycharge determines that a refund is payable the User will receive the appropriate refund and any balance of Licence Fees will be paid to your Bookmycharge Account. If Bookmycharge determines that the complaint and refund request is not justified refund will be payable and the Licence Fees will be added to your Bookmycharge Account.
5.8 If the User wishes to extend the Booking Period they will have to make a further Booking and pay the applicable Fee. This will be subject to a separate Licence Agreement.
5.9 In the event of an Overstay, where you notify us of this with the relevant evidence (see Overstays page) within one working day of the end of the Booking Period Bookmycharge will invoice the Overstay Fee and credit this to your Bookmycharge Account, less the Bookmycharge Fee within two working days receipt of the same from the User.
5.10 In the event of an Overstay exceeding one hour you are authorised to engage a professional third party towing company to remove the User’s vehicle from the Location subject to the terms of the Licence Agreement. If you notify us that this has occurred Bookmycharge will invoice the User for the Removal Fee and subject to clause 12.3, credit this to your Bookmycharge Account, less the Bookmycharge Fee within two working days of Bookmycharge’s receipt of same. For the avoidance of doubt, you may request the Overstay Fee and then the Removal Fee but the Removal Fee paid will take into account any Overstay Fee that you have already received.
5.11 Where the User requests a Booking Period longer than 30 days this will be an “Extended Booking”.
5.12 For any agreed Extended Booking, the User must pay the first month's Licence Fees following your acceptance of the Extended Booking. The balance of the Licence Fees are payable monthly in advance via the Website on the monthly recurrence of the initial Booking acceptance date.
5.13 If you must cancel a Booking within 24 hours of the commencement of the Booking Period then you must contact the User by phone, text or email using the contact details provided in the confirmation email to notify them of the late cancellation. You must also notify Bookmycharge via the Website. Where any such late cancellation occurs the User will be refunded the Fee paid but Bookmycharge will deduct the Bookmycharge Fee from any future sums owing to you or may deduct a sum equal to the Bookmycharge Fee from your Bookmycharge Account where your Bookmycharge Account is in credit.
6. Bookmycharge’s rights and responsibilities
6.1 You acknowledge and accept that the Website is a marketplace only and that Bookmycharge’s sole liability and responsibility is to use its reasonable commercial endeavours to provide the Bookmycharge Services in accordance with these Terms.
6.2 Bookmycharge does not verify the information contained in a Listing. Bookmycharge reserves the right to take down any Listing at any time without liability to you where Bookmycharge considers that a Listing is inaccurate or otherwise does not comply with the terms of this Agreement but Bookmycharge is under no obligation to check or monitor the content of Listings or respond to take down requests made by any User or Owner.
7. Complaints and Disputes
7.1 Complaints or disputes about a Booking are to be raised directly between Owners and Users in the first instance.
7.2 In the event that the User believes that the Services provided are in breach of the Licence Agreement or otherwise fall below their reasonable expectations and you and the User cannot reach a solution, the User may file a complaint with Bookmycharge within two working days of the end of the Booking Period by following the "File a Complaint" link on the Website. The User may then select one of the following reasons for the complaint:
(a) The Location was unavailable during the Booking Period
(b) The Location was not as described in the Listing
(c) The Chargepoint did not work
(d) Other (please state reason)
7.3 Following receipt of a complaint Bookmycharge will consider it with reasonable care and diligence.
7.4 In the event that the User wishes to request a refund of the Licence Fee, then the User may select a reason for the complaint as set out in clause 7.2 above and also select the "Request refund" option. All Complaints and requests for refunds must be received within two working days of the end of the Booking Period. No refunds will be payable in any circumstances for any complaints or requests for refunds received after this time.
7.5 When Bookmycharge receives a refund request we will ask the User and the Owner to provide relevant information and evidence and forward this to our complaints department. The complaints department will judge whether the User’s Complaint is justified or not. The decision will be final. If Bookmycharge determines that the complaint is justified and a refund should be made it may refund all or part of the Licence Fee as set out below. The Bookmycharge Fee is non-refundable.
(a) Location/Chargepoint not functioning for entire Booking Period = 100% refund
(b) Location unavailable/Chargepoint not functioning for part of the Booking Period = pro-rated refund for portion of unavailable/malfunctioning Booking Period. Refunds are rounded up to nearest hour.
(c) Location not as described = pro-rated refund only if this directly resulted in the Location being unavailable or unsuitable for the User’s vehicle.
(d) No refund will be made if the User chooses not to stay for the entire Booking Period.
(e) No refunds will be made for complaints for reason 7.2(d) above.
7.6 In order to maintain the quality of Bookmycharge Services, Bookmycharge will monitor complaints filed against Owners. Charge reserves the right to suspend or terminate the Bookmycharge Accounts of Owners who repeatedly receive Complaints which are later upheld by Bookmycharge.
8. Intellectual Property
8.1 We are the owner or the licensee of all intellectual property rights in the Bookmycharge Service and the Website, including the materials published on it.
8.2 You must not use any part of the materials on the Website for commercial purposes without our prior written approval or that of our licensors.
9. Liability and Indemnity
9.1 You acknowledge and accept that we do not provide the Service and have no liability, whether arising in contract, tort (including negligence) or otherwise, for those services save as expressly set out in this Agreement.
9.2 Subject to clause 9.4 below, we shall have no liability for any loss of profits, anticipated savings, business opportunity, goodwill or loss of or damage to (including corruption) data (in each case whether direct or indirect) or any indirect or consequential losses whether arising in contract, tort (including negligence) or otherwise incurred by you in connection with the Bookmycharge Service or the Website or in connection with the use or inability to use the Website or Bookmycharge Services or results of the use of the Website or Bookmycharge Services.
9.3 Subject to clause 9.4 below, our maximum liability in connection with this Agreement is limited to the greater of (a) the Licence Fee paid for the Booking to which the liability relates or (b) £50.
9.4 Nothing in this Agreement shall limit or exclude our liability for fraud, fraudulent misrepresentation, for death or personal injury resulting from our negligence or for any other liability that cannot be properly limited or excluded by applicable law.
9.5 You are responsible for ensuring that you have adequate insurance cover to provide the Services.
10. Termination and Withdrawal of Bookmycharge Service
10.1 You may terminate this Agreement at any time by using the “Close Account” button in your Dashboard. Your Bookmycharge Account will be closed once any Bookings that you have accepted have been fully provided or cancelled in accordance with clause 4.15. If your Bookmycharge Account is in credit we will pay the balance to you within a reasonable period of your Bookmycharge Account being closed.
10.2 We may terminate or suspend your Bookmycharge Account or any part of it (e.g. in respect of one or more Listing or your Owner Bookmycharge Account but not your User Bookmycharge Account) at any time by giving you 5 days’ notice, whether or not you are in breach or immediately in the event that you are:
10.2.1 in breach of any of the terms of this Agreement; or
10.2.2 we suspect you are about to commit a breach of this Agreement; or
10.2.3 you become or we suspect you are about to become bankrupt (or insolvent if you are a company).
10.3 We reserve the right to withdraw or amend the Bookmycharge Service that we provide via the Website without notice. We may also suspend access to the Website or withdraw it indefinitely at any time.
10.4 We will not be liable if for any reason the Website is unavailable at any time or for any period.
11. Consequences of Termination
11.1 Subject to clause 11.2, upon termination of this Agreement you will no longer be entitled to use the Website or the Bookmycharge Service other than to the extent necessary to provide Services for which you have already accepted a Booking at the time of termination. You will not be able to accept any new Bookings or make changes to your Listing.
11.2 Where this Agreement has been terminated due to your breach of the Terms we will terminate your Bookmycharge Account and all pending Bookings will be cancelled and Fees will be refunded to Users. In addition we reserve the right to terminate any other or subsequent Bookmycharge Accounts that you may have.
11.3 Any provision of this Agreement that expressly or by implication is intended to come into or continue in force on or after termination of this agreement shall remain in full force and effect.
12.1 The use of the Website is at your sole risk. It is acknowledged by you that Bookmycharge does not carry out, nor does it have any obligation to carry out, background or credit checks on Users or Owners or verify Locations or Listings.
12.2 The Website and its content is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Bookmycharge provides you with the Website on the basis that the Bookmycharge excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for this legal notice, might have effect in relation to the Website.
12.3 Bookmycharge will use commercially reasonable efforts to secure payment from the User of the Licence Fee, Overstay Fee, Removal Fee and any other sums payable by the User to the Owner. Where despite Bookmycharge’s commercially reasonable efforts, Bookmycharge does not, for any reason whatsoever, secure payment from the User Bookmycharge has no obligation or liability to make those payments to the Owner.
13. Relationship of the parties
13.1 Nothing in this Agreement is to be construed as establishing or implying any partnership or joint venture between the parties nor as appointing any party to be an agent or employee of the other and neither party shall hold itself out as such save that you authorise Bookmycharge to take payment of the Licence Fee and other sum in accordance with these Terms on your behalf.
14. Third Parties
14.1 A person who is not a party to this Agreement shall have no rights under it as a third party beneficiary.
15.1 We reserve the right to change these Terms from time to time. We will notify you of any changes to these Terms by posting them on the Website.
16. Law and Jurisdiction
16.1 This Agreement is governed by and shall be construed in accordance with the laws of the England and Wales and the parties submit to the jurisdiction of the courts of the England.