User T&C
These terms and conditions govern the relationship between you as a Chargepoint User, and Bookmycharge Limited (Company number 10551609) with registered office address at 55 Norfolk Road, Maidenhead, SL6 7AU, (“us” “we” or “Bookmycharge”) and sets out the terms of use of the Website and the Bookmycharge Services.
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. Definitions:
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.
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 Account means your account, as a User, registered on the Website and giving you access to the Bookmycharge Service.
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 of the Licence Fee, the Bookmycharge Fee, the Stripe Transaction Fee and VAT.
Licence Agreement means the agreement between the User and the Owner 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 the owner of the Chargepoint and associated Parking Area.
Overstay means the User occupying the Location outside (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, the Bookmycharge Fee, the Stripe Transaction Fee and the VAT on the latter two elements.
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 Bookmycharge and each User 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 the Service - the contract for the Service is directly between the Owner and the User and is set out in the Licence Agreement. Charge is not party to that agreement and that agreement confers no right, 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. Registration
3.1 You must register for a Bookmycharge Account on the Website in order to view Listings or make a Booking.
3.2 The registration process requires you to provide us with certain personal information, including but not limited to, title, first name, last name, address, date of birth and a valid email address you must also provide your car registration number(s), car make(s) and model(s) so that Owners may identify you as the relevant User. You acknowledge and accept that this information will be provided by Bookmycharge to the relevant Owner and Owners are required to keep this information confidential and to delete references to it within one week of the completion of the Booking Period.
3.3 Bookmycharge will treat all personal information provided by you and by Owners according to our Privacy Policy.
3.4 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.
3.5 Should you suspect your Bookmycharge Account has been compromised please notify Bookmycharge immediately via admin@bookmycharge.com, and we will deactivate your Bookmycharge Account enabling you to set up a new Bookmycharge Account with a different password.
3.6 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.
3.7 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 or other communications or an Owner refusing you access to a Location if the vehicle details are incorrect.
4.2 You will ensure, so far as possible before making a Booking, using the information provided in the Listing, that the Chargepoint is compatible with your vehicle. This means, where the Chargepoint is of the tethered type that the tethered cable will fit your vehicle, and where the Chargepoint is of the untethered that you will supply your own compatible cable to connect your vehicle type (unless the Listing indicates that the Owner will supply a cable, and that cable is compatible with your vehicle). If you discover after booking that the Chargepoint is incompatible you will not be entitled to a refund of the Licence Fees unless the Listing is inaccurate and you follow the complaints procedure or you are able to cancel the Booking in accordance with the cancellation terms in the Licence Agreement.
4.3 Where you are using your own charging cable you will ensure that it is safe, undamaged, and in working order. Neither Bookmycharge nor the Owner will be liable to you in any way if you fail to charge your vehicle due to a fault with your cable, nor will they be liable to you for any postage or replacement costs should you leave your cable at the Location. The Owner is authorised to dispose of any cable or other items left by you at the Location at any time without prior notice to you or Bookmycharge.
4.4 If you do not know how to use a Chargepoint you must ask the Owner. You must use the Chargepoint in accordance with the instructions provided by the Owner. You must not attempt, nor will you allow anyone else to attempt, to charge a vehicle by any means other than a Chargepoint.
4.5 You will ensure that in connecting the Chargepoint to the vehicle you do not run a cable over public land.
4.6 All accepted Bookings will be subject to the terms of the Licence Agreement and any Special Terms set out in the applicable Listing. 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 and the Special Terms, the Licence Agreement will prevail.
4.7 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 will not use the Bookmycharge Service or Service for any immoral or illegal purposes including, but not limited to harassment, fraudulent or vexatious Bookings, or money laundering.
4.8 You agree not to attempt to bypass the Bookmycharge Service or Website and to only make Bookings through the Website.
4.9 You agree to only make direct contact with an Owner after you have completed your Booking through the Website and you have officially received the Owner’s contact details and this applies even where you have previously had a Booking a particular Location and already possess the Owner’s contact details.
4.10 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.
4.11 You will ensure that at all times when using the Service your vehicle will comply with all applicable laws and regulations including, but not limited to roadworthiness and insurance.
4.12 You will at all times in your dealing with the Owner, 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 Owner. Bookmycharge reserves the right to suspend or terminate your Bookmycharge Account if we are notifies that you have breached this clause.
4.13 You warrant you have the power, authority, and where necessary, the approval to enter into this Agreement and the Licence Agreement.
4.14 You warrant that at all material times you and your vehicle will comply with all applicable laws and regulations including, but not limited to, driver licensing obligations, insurance, road tax (or any alternative or equivalent obligation), and road worthiness.
4.15 If the Location does not match the Listing, is not as described, or is malfunctioning or if an issue subsequently arises which halts your proper use of the Location you will contact the Owner. In the first instance you should attempt to resolve any issues with the Owner 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.
4.16 You and/or Owners 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 the Owner’s behalf.
5.2 Bookings and associated Fees or charges shall be made in accordance this Agreement and the Licence Agreement.
5.3 The Fee set out on the Listing includes the Bookmycharge Fee, the Stripe Transaction Fee and standard rate VAT on the latter two elements. In the event of a cancellation or refund where a complaint is upheld the total amount paid by the User will be refunded.
5.4 You can search for a potential Location and date that suits your requirements and must use the information in the Listing to ensure that the Location is compatible with your vehicle. You acknowledge and accept that the Listing is provided by the Owner and that Bookmycharge is not liable or responsible for its contents.
5.5 Once you have confirmed the suitability of a Location, and accepted the Terms and the Licence Agreement, booking information will be sent through the Website to the Owner. If the chargepoint is listed for ‘Instant Booking’, the Owner will be sent a confirmation and a payment card is charged at that point. If the chargepoint is listed for ‘Authorised Booking’('Accept or Decline'), the Owner will be sent a request for booking which they may then accept or decline. No payment is taken via payment card until the booking is confirmed.
5.6 Where a chargepoint has been listed for ‘Authorised Booking’ ('Accept or Decline'), the Owner will accept or decline the booking request. Where there has been no response to a booking request within 12 hours, a reminder will be sent. If the Owner does not respond within a further 36 hours then the Booking will automatically be declined and we will notify you. No payment will have been taken from your payment card.
5.7 If the booking request is accepted then a binding legal agreement is in place between you and the Owner, on the terms set out in the Licence Agreement, and you will receive an 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 the Owner.
5.8 Where a chargepoint has been listed for ‘Authorised Booking’('Accept or Decline'), the total cost is charged to your listed debit or credit card in full only once the Booking is accepted. Where the chargepoint has been listed for ‘Instant Booking’, the full cost amount is immediately charged to your payment card. In both cases, Bookmycharge will hold the Fee paid for two working days after the end of the Booking Period. If a complaint is filed in accordance with clause 7 within this period and Bookmycharge upholds the complaint and determines that a refund is payable you will receive the appropriate refund which will comprise the total amount you paid for the booking, including fees. Note that Bookmycharge does not itself hold any payment details and all transactions are conducted securely and remotely by Stripe, the online payment processing platform.
5.9 If you wish to extend the Booking Period you will have to make a further Booking and pay the applicable Fee. This will be subject to a separate Licence Agreement.
5.10 In the event of a User Overstay without agreement, where the chargepoint Owner notifies us of this with the relevant evidence within one working day of the end of the Booking Period, Bookmycharge will invoice the User for an Overstay Fee, which will not exceed the total cost of the original booking unless the Overstay exceeds the agreed time span of the original booking, in which case a further Overstay Fee will be triggered. If your Bookmycharge Account is in credit we may deduct all or any part of the Overstay Fee from your Bookmycharge Account but you will remain liable to pay any shortfall. You will be unable to use the Bookmycharge platform until an Overstay Payment is paid in full.
5.11 In the event of an Overstay without agreement exceeding one hour you acknowledge and accept that the Owner may engage a professional third party towing company to remove your vehicle from the Location subject to the terms of the Licence Agreement. If the Owner notifies us that this has occurred Bookmycharge will invoice you for the Removal Fee and you are required to pay this sum immediately. If your Bookmycharge Account is in credit we may deduct all or any part of the Removal Fee from your Bookmycharge Account but you will remain liable to pay any shortfall. You will be unable to use the Bookmycharge platform until a Towing Payment is paid in full.
5.12 If you must cancel a Booking within 24 hours of the commencement of the confirmed 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 and also make the cancellation via the Bookmycharge Website or Application. You will be refunded the total sum paid for the booking.
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 a down any Listing at any time without liability to any Owner where Bookmycharge considers that a Listing is inaccurate or otherwise does not comply with the terms of the Owner’s agreement with Bookmycharge 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 the Booking are to be raised directly between Owners and Users in the first instance.
7.2 In the event that you believe that the Services provided are in breach of the Licence Agreement or otherwise fall below your reasonable expectations and you and the Owner cannot reach a solution, you 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. You 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 you wish to request a refund of the Licence Fee, then you 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 and requests for refunds received after this time.
7.5 When Bookmycharge receives a refund request we will ask you and the Owner to provide relevant information and evidence and forward this to our complaints department. The complaints department will judge whether your 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 receive the Services in addition to any vehicle insurance required by law and these Terms.
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 4.16. 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 your User Bookmycharge Account but not your Owner 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 receive Services for which your Booking has already been accepted at the time of termination. You will not be able to accept make any new Bookings.
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 the Fees will be refunded to your Bookmycharge Account. 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.
11.4 Bookmycharge will use commercially reasonable efforts to secure payments of Fees, Overstay Fees, Removal Fees and all other sum payable under these Terms and the Licence Agreement but in the event of non-payment the Owner may bring direct enforcement action against you to recover any sums which remain outstanding when due.
12. Disclaimers
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.
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 part 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. Variations
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.
