General Terms and Conditions of Use and Sale of the Recharge Service

October 2024

FOREWORD

These General Conditions of Use and Sale (the ‘GCUV’) define the conditions of use and sale of the Charging Service for electric and plug-in hybrid vehicles offered by ENGIE Mobilités Electriques and are intended for users of the Service.

DEFINITIONS

Any term or expression with an initial capital letter has the following meaning:

Application : means the ENGIE Vianeo mobile application available for free download from Google Play and Apple Store, dedicated to the Recharge Service and compatible with Android and IOS systems. In particular, it allows you to create a Customer Account, locate a Charge Point and pay for your recharge.

CGUV : means these General Terms and Conditions of Use and Sale for the Charging Service offered by ENGIE Mobilités Electriques.

Customer account : refers to the account created by the User by completing the registration form available on the ENGIE Vianeo Application, enabling him to access the various features of the Recharge Service.

ENGIE Mobilités Electriques : refers to the supplier of the Charging Service, a simplified joint stock company with capital of 54,880,000 euros, whose registered office is at 1 place Samuel de Champlain – 92930 Paris La Défense Cedex and which is registered with the Nanterre Trade and Companies Register under number 909 073 363. ENGIE Mobilités Electriques operates under the ENGIE Vianeo brand.

Charge Point : means an installation located in a parking space providing access

Charging Service or Service : refers to the charging service offered by ENGIE Mobilités Electriques and includes, in particular, the following services: (i) access to charging a Vehicle at a Charge Point; and (ii) access to the User assistance service for technical questions.

ENGIE Vianeo website : means the ENGIE Vianeo website accessible at the following address: http://www.engie-vianeo.com.

User : refers to the user of the Recharge Service.

Vehicle : means any road vehicle propelled entirely by an electric motor, and/or any hybrid vehicle propelled partially by an electric motor, which vehicle can use electricity stored in a rechargeable battery through the use of a Charge Point.

ARTICLE 1 – RECHARGING TERMS AND CONDITIONS

The Charging Service offered by ENGIE Mobilités Electriques includes all the charging-related services available from the Charge Points, the Website and the ENGIE Vianeo Application. The Service includes in particular: the sale of the Recharging Service and the subscription to a Customer Account.

Use of the Charging Service is subject to the User’s acceptance of and compliance with these GTCV and the ENGIE Mobilités Electriques Privacy Policy.

ARTICLE 2 – USE OF THE RECHARGING SERVICE

2.1 CONDITIONS OF USE FOR CHARGEPOINTS

The User must comply with the instructions displayed on or near the terminal, which may be consulted at any time, and ensure that the Vehicle is correctly and properly parked in accordance with the layout of the premises and the applicable parking regulations.

The User shall ensure that he uses the correct plug and cable in accordance with the provisions below and also complies with the Vehicle manufacturer’s instructions. The User shall ensure that the Vehicle is compliant, approved and in good condition. The User shall monitor the Vehicle before, during and after recharging.

To connect and recharge his Vehicle at the Charge Point, the User must only use the Charge Point cable when it is attached to the Charge Point and forms an integral part thereof, to the exclusion of any other accessory.

In the event that the User uses their own cable, the User must ensure before any use that they have an approved cable that is compatible with the Charge Point, in good working order and enables their Vehicle to be connected. The User undertakes to use the socket that corresponds to the technical characteristics of their Vehicle.

When using the Charge Points, the User undertakes to comply with all regulations in force for and in relation to recharging.

The User must ensure that he/she has a means of payment and that it is compatible with the use of the terminal.

If the Charging Point cannot be released correctly, the User must call the technical support number indicated on the Charging Point.

2.2 CIRCUMSTANCES MAKING RECHARGING IMPOSSIBLE OR MORE DIFFICULT

Recharging may be prevented or disrupted, in whole or in part, temporarily or otherwise, by circumstances that cannot be attributed to ENGIE Mobilités Electriques. These conditions may be, in particular:

Breakdown, failure or malfunction of the electricity network or measure taken unilaterally by the operator(s) of the said network;
Breakdown, failure or malfunction of the telecommunications/Internet network or measure taken unilaterally by the operator(s) of the said network;
Interruption, failure or malfunction of the payment network, or measures taken unilaterally by the network operator(s);
Breakdown or malfunction of the Vehicle itself or its charging components;
Vandalism, theft or damage to the charging point or any of its components, including the charging cable and the payment terminal;
Measures and/or bans imposed by certain national or foreign authorities or control bodies, natural disasters, mobilization, war, sabotage, boycotts, etc.

2.3 CONDITIONS OF USE OF THE WEBSITE AND APPLICATION

All costs associated with connecting to the Website and the Application, whether hardware, software or Internet access costs, shall be borne exclusively by the User.

ENGIE Mobilités Electriques endeavours to ensure that the Website and the Application are accessible at all times. However, it may not be held liable in the event of temporary unavailability, in particular for reasons of maintenance, force majeure, IT difficulties or difficulties with the telecommunications networks.

Any person accessing the Website or the Application and using their functionalities acknowledges having read these conditions of use and sale and undertakes to comply with them. The User also undertakes to use the accessible content in accordance with the regulations in force.

The ENGIE Vianeo mobile application is accessible free of charge to anyone with Internet access and can be downloaded from Google Play and Apple Store. In particular, it allows users to locate stations, view the availability rate, create a customer account and pay for the top-up by credit card online.

The User is solely responsible for his/her Customer Account and the use made of it. In this respect, any banking transaction carried out via the Application is deemed to have been carried out by the User holding the account, who remains liable for the amount of the services provided and the purchases made.
ENGIE Mobilités Electriques declines all responsibility in the event of fraudulent use of the User’s account.

Users who have an account may save their bank details on the Application in order to facilitate future purchases and remain entirely responsible for the use made of them.
The User may at any time request the deletion of his/her Customer Account and associated personal data.

It is absolutely forbidden to seek, in any way whatsoever, to hinder or attempt to hinder the proper operation or functionalities of the Website and the Application, in particular by carrying out operations that result in an excessive load that is not consistent with normal use of the Website or the Application. The unauthorised use of systems or devices to search, retrieve, copy, monitor and/or extract data available on the Website and the Application for direct or indirect commercial use, in particular with a view to displaying them on another digital medium, is also prohibited.

The Recharge Service is provided at the rate in force at the time of recharging. Unless otherwise indicated, the price of the Recharge Service depends on the quantity of kWh delivered and/or the duration of use.

For Users of the Service using a third-party recharge card, additional charges, such as the cost of a subscription, may be applied by the card operator. You should therefore refer to the rates charged by the top-up card operator to find out the price of the charge.

3.2 TAXES AND CHARGES

The price of the Recharge Service is automatically increased by the amount of taxes, charges, fees or contributions of any kind, present or future, in application of the legislation and/or regulations in force on the day of payment.

3.3 TERMS OF PAYMENT

The User can use the Recharge Service in several ways:

By ‘contactless’ bank card via the payment terminal present on the Charge Point;
By bank card on the ENGIE Vianeo Application;
By bank card online via the QR code affixed to the Charge Point or the following link: https://charge.engie-vianeo.com;
By recharge card from a third-party service provider.

The User must ensure that they have the appropriate means of payment for the top-up route selected (bank card, mobile payment, or use of a top-up card from a third-party service provider).

ENGIE Mobilités Electriques provides the User with the possibility of paying by bank card via the payment terminal when present at the station. Payment via the payment terminal is contactless only.

Payment is also possible online via the QR Code affixed to the Recharge Point and accessible throughout the ENGIE Vianeo network. Once the QR Code has been scanned, the User will be redirected to the dedicated payment page and will be able to follow the instructions. To start recharging the Vehicle, the User must enter his/her bank details. A receipt may then be sent to the User’s e-mail address if the User has provided it.

A payment pre-authorisation will be requested from the User’s bank. This pre-payment constitutes a reserve, and only the cost of the top-up will be debited from the User’s bank account.

ARTICLE 4 – ASSISTANCE SERVICE AND BREAKDOWNS

The customer service department handles the User’s questions and/or complaints concerning the Service.

The helpdesk is available 24 hours a day, 7 days a week on +33 9 69 37 60 09 (toll-free) for any questions or problems concerning an immediate charging requirement, or by e-mail at support.vianeo@engie.com for any other questions or complaints.

In the event of a Charge Point malfunction, the User must immediately contact the telephone number(s) indicated on the Charge Point.

In the event that a User attempts to resolve the malfunction himself, ENGIE Mobilités Electriques shall in no way be held liable for any damage resulting directly from his intervention.

ARTICLE 5 – LIABILITY

5.1 LIABILITY OF ENGIE MOBILITES ELECTRIQUES

ENGIE Mobilités Electriques makes every reasonable effort to offer a secure, high-quality Vehicle Charging Service.

However, ENGIE Mobilités Electriques cannot guarantee that its Charge Points will be accessible, operational and/or available at all times.

A Charge Point uses a communication infrastructure (whether public or not), such as (mobile) Internet connections. ENGIE Mobilités Electriques cannot guarantee the uninterrupted or trouble-free operation of this infrastructure. ENGIE Mobilités Electriques is in no way liable for damage resulting directly from malfunctions in the communication infrastructure, for which it is not responsible and over which it has no control.

ENGIE Electric Mobilities shall not be liable in the event of damage resulting exclusively from improper use as referred to in article 2.1 or the cases referred to in article 2.2. ENGIE Mobilités Electriques is not liable if the Vehicle cannot be charged safely due to a defect in the Vehicle and/or the tools supplied and used by the User, such as charging cables. ENGIE Mobilités Electriques assumes no obligation of surveillance and will not be liable under any circumstances for any deterioration, theft or disappearance of the Vehicle and/or any theft inside the Vehicle not resulting from its fault, in particular in the event of acts of vandalism.

In the event of a complaint, the User is invited to inform ENGIE Mobilités Electriques as soon as possible, by post, email or telephone in accordance with article 10 of these GCUV, providing the information necessary to process the complaint, and in particular the number of the terminal or its location, the day and time or the time slot of the incident to be reported, a brief description of the incident or complaint and the contact details for the User or the person making the complaint.

5.2 RESPONSIBILITY OF THE USER

The User is liable for any damage suffered by him, by third parties or by ENGIE Mobilités Electriques which is the consequence of faulty use by the User of a Charge Point and/or all associated materials, in particular when the instructions or details contained in article 2.1 have not been strictly observed.

ARTICLE 6 – PERSONAL DATA

6.1 DATA CONTROLLER, COLLECTION OF PERSONAL DATA, PURPOSES AND LEGAL BASIS

As part of its Charging Service sales activity, ENGIE Mobilités Electriques, acting in its capacity as data controller, carries out computerised processing of the User’s data in compliance with the provisions of European Regulation (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (‘RGPD’) and Law no. 78-17 of 6 January 1978 as amended relating to information technology, files and freedoms.

User data may be processed by ENGIE Mobilités Electriques as part of the performance of the Service (Article 6.1.b of the RGPD), with the User’s consent or in its legitimate interest (Article 6.1.f of the RGPD) as part of the purposes and on the basis of the following legal bases:

(i) Sale of the Recharge Service

The Recharge Service involves the collection of personal data that is strictly necessary for the Service via the payment system.
The bank details collected for this purpose are: the bank card number; the cardholder’s name; the expiry date; the CVV code.

However, additional personal data, such as first name, postal address, and email address may be collected if the User wishes to obtain a receipt for the refill made.

(ii) Management of notices, complaints and disputes

In the event that a User files a complaint with ENGIE Mobilités Electriques concerning the Charging Service, ENGIE Mobilités Electriques is required to process the User’s data in order to handle said complaint and any ensuing disputes or litigation. This is done on the basis of ENGIE Mobilités Electriques’ legitimate interest in responding to and processing any complaints in order to promote customer relations and to protect and defend its interests, in particular in court.

(iii) Management and monitoring of customer accounts

The creation of a Customer Account on the Application implies the collection of personal data directly from the User, strictly necessary for the management of the Account. The identity data collected for this purpose is: surname, first name and email address.

The use of the data is strictly necessary for the performance of the contract or is in the legitimate interest of ENGIE Mobilités Electriques and is intended to enable ENGIE Mobilités Electriques to manage customer relations. If this data is not communicated, ENGIE Mobilités Electriques will not be able to create a Customer Account for the User.

The User may at any time request the deletion of his Customer Account and the personal data associated with it at the addresses given in the “Personal rights” article.

(iv) Sending commercial communications and offers

For commercial prospecting purposes, ENGIE Mobilités Electriques endeavours to personalise its offers to its customers and prospects according to their areas of interest and any services they have subscribed to in order to best meet their expectations. In this context, ENGIE Mobilités Electriques collects data that is not strictly necessary for the performance of the Contract(s), in order to get to know its customers and prospects better and to be able to provide them with the most relevant offers.

The User may object at any time to receiving commercial solicitations and to the profiling linked to this prospecting by contacting ENGIE Mobilités Electriques (see ‘Individual rights’).

ENGIE Mobilités Electriques uses Users’ data for electronic commercial prospecting purposes on the basis of the User’s consent or its legitimate interest in promoting its services and improving its customer relations, for personalised offers similar to those subscribed to by the person as a customer. Users can manage their preferences with regard to electronic commercial prospecting directly from their Customer Account.

Any consent may be withdrawn at any time by contacting ENGIE Mobilités Electriques at the addresses mentioned in the ‘Individual rights’ article.

(v) Improving the Customer experience

ENGIE Mobilités Electriques uses, on the basis of the legitimate interest in promoting its services and improving its customer relations, the data collected directly from the User in order to improve navigation and the use of the various customer areas offered by ENGIE Mobilités Electriques, to ensure the reliability of the data and to facilitate contractualisation.

(vi) Statistical studies

ENGIE Mobilités Electriques also uses, on the basis of its legitimate interest in carrying out studies and analyses, the data processed and collected directly from the User in aggregate form for the purposes of statistical studies.

6.2 SHELF LIFE

The data processed is kept only for the time necessary to achieve the purposes described above, within the limits of the statute of limitations in force or the legal obligations to keep commercial documents. In the case of commercial canvassing, the data is kept for a maximum period of three (3) years from the date of collection by ENGIE Mobilités Electriques or the last contact from the prospect.

6.3 ADDRESSEES OR CATEGORIES OF ADDRESSEES

The data processed is intended for ENGIE Mobilités Electriques’ internal departments, its service providers involved in the purposes defined above, financial and postal institutions, and third parties authorized by virtue of a legal or regulatory provision.

6.4 TRANSFERS OUTSIDE THE EU

The data processed is stored within the European Union, either by ENGIE Mobilités Electriques or by its service providers. Some data may be processed from time to time by service providers established outside the European Union. In this respect, the Company takes all necessary measures to protect the processing of your data and ensures that no transfer is made to a country or entity that does not provide sufficient guarantees. For example, through the contractual commitment of service providers to carry out data processing in compliance with European Union legislation and French regulations and through contractual clauses based on the European Commission’s model or any other mechanism provided for by the GDPR where the recipient country is not considered by the European Commission to provide an adequate level of protection.

6.5 PERSONAL RIGHTS

The User has a right of access, rectification, additional information, deletion, limitation, opposition and portability of its data, under the conditions provided by the regulations in force on data protection, with ENGIE Mobilités Electriques.

Users or prospects may object at any time to the processing of their data for the purposes of commercial prospecting, including the profiling of advertising linked to such prospecting, under the conditions laid down by the regulations.

Where the User has given his consent to the use of certain of his data, he may withdraw his consent at any time.

The aforementioned rights may be exercised by writing to: ENGIE Mobilités Electriques – Service Clients – 1, Place Samuel Champlain – 92930 Paris La Défense Cedex or by e-mail to: rgpd.vianeo@engie.com.

The User may also lodge a complaint with the CNIL.

For more information on the processing of their personal data, Users are invited to refer to the Privacy Policy available at the following link.

ARTICLE 7 – MODIFICATION OF THE GENERAL TERMS AND CONDITIONS OF USE AND SALE

These CGUV can be consulted at any time on the ENGIE Vianeo Website and Application.

ENGIE Mobilités Electriques reserves the right to modify them at any time and will date them. The version in force on the day of recharging, as previously notified to the User, will apply.

ARTICLE 8 – OTHER PROVISIONS AND APPLICABLE LAW

If any provision of these CGUV, for any reason whatsoever, is found to be invalid, void, illegal or unenforceable in whole or in part under applicable law, the other provisions of the CGUV shall remain in full force and effect. ENGIE Mobilité Electriques will, however, endeavor to agree on an appropriate and economically equivalent alternative for the invalid provision.

The law applicable to these terms and conditions is French law, except in the case of mandatory provisions to the contrary arising from Regulation no. 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Rome I). This choice of law is without prejudice to the application of consumer protection regulations in the User’s place of habitual residence if these are more favourable to the User.

ARTICLE 9 – CONSUMER MEDIATION

In the event of a dispute relating to the services provided by ENGIE Mobilités Electriques as part of the Charging Service, the User may send a written complaint to ENGIE Mobilités Electriques using the contact details mentioned in the ‘Information’ article. If the User is not satisfied with the response provided, the User may submit the dispute to the ENGIE Mediator, either by internet (ENGIE Le Médiateur (mediateur-engie.com)) or by simple letter to ENGIE – COURRIER DU MEDIATEUR – TSA 27601 – 59973 TOURCOING Cedex. These methods of settling disputes out of court are optional, and the User may refer the matter to the competent court at any time.

ARTICLE 10 – INFORMATION

The User may send ENGIE Mobilités Electriques a request:

By e-mail for any general questions to: support.vianeo@engie.com;
By post to: ENGIE Mobilités Electriques – Service clients – 1 place Samuel de Champlain – 92930 Paris La Défense Cedex;
By telephone on +33 9 69 37 60 09 (price of a local call).