Service: Any functionality, feature, or capability provided by HOBACA d.o.o. through mobile applications, websites, or other electronic or physical channels to enable users to find, manage, and pay for the charging process of electric vehicles.

User: Any natural or legal person accessing or using the Services provided by HOBACA, including electric vehicle drivers and charging station operators.

Charging Station: An electric device for charging electric vehicles, which includes one or more charging connectors and all associated equipment.

Charging Session: The complete process of charging an electric vehicle, starting from connecting the vehicle to a charging station and authorization through HOBACA's mobile application or other approved methods, and ending with disconnecting the vehicle from the charging station.

Charging Price: The total cost that the User must pay for using the Charging Service, which may include costs per kWh of consumed energy, parking fees, initial session fees, and other applicable charges.

Mobile Application: Software developed and provided by HOBACA, available for download and installation on mobile devices, enabling users to access the Services.

Charging Operator: A legal or natural person who manages one or more charging stations and is responsible for maintenance and providing charging services.

RFID Card: A physical card that uses radio-frequency identification to authorize charging sessions at compatible charging stations.

Price List: A document or digital content that contains all applicable prices for Services provided by HOBACA, including, but not limited to, prices per kWh, parking fees, and other charges associated with providing Charging Service.

Preauthorization: A process by which the User's Payment Service Provider (Bank) temporarily reserves funds on the User's payment card. This step serves as a validation of the card's validity and availability of funds needed to cover the expected charging costs. The preauthorization process is initiated when the User enters their payment card details and consents to execute the payment transaction, before the start of the charging process. This ensures that funds are available to cover the charging costs without specifying the exact amount, as the final cost may vary depending on the duration and conditions of charging.

Privacy Policy: A document describing how HOBACA collects, uses, stores, and protects the personal data of Users in accordance with the General Data Protection Regulation (GDPR) and other applicable data protection laws.

Registration: The process in which the User enters their basic information to create a user account. This step includes the initial sign-in to the system, which is a prerequisite for accessing and using the services. In the case of payment via QR code, registration implies entering payment method details.

Force Majeure: Any event beyond the reasonable control of the Parties that prevents the fulfillment of their obligations under these Terms, including, but not limited to, natural disasters, wars, terrorist attacks, strikes, blockades, failures or reduction of power of telecommunications or data networks.

By registering for the services and accepting these Terms, you enter into a contract with HOBACA, which allows you to use the services. All transactions that are part of the services, including the initiation of charging sessions, are subject to this agreement. If charging is initiated without registration, the application of the Agreement begins with the entry of payment card details and the start of the first charging session, and after a confirmation of a successfully executed transaction is issued, which is considered confirmation of the Agreement.

When you initiate the charging of an electric vehicle through the HOBACA platform or mobile application, and the charging station is not integrated into the HOBACA platform, HOBACA acts as an e-mobility service provider (EMP), and the sale of electrical energy is conducted directly between you and HOBACA. HOBACA does not assume responsibility or guarantee the provision of electric vehicle charging services by the user.

For consumers, all applicable prices include VAT. For business entities, applicable prices are excluding VAT, unless stated otherwise. Prices are clearly stated before the start of any charging process or transaction. Users can access detailed price information for each available charging station and its connectors directly through the HOBACA application, either by viewing the map or through the list of charging stations.

The charging price varies depending on the location of the charging station, the type of charging station, the type of connector used, and the time of day when the charging occurs. It is important to note that the price of the service does not include data traffic costs or payment transaction fees charged by payment card issuers. HOBACA is not responsible for any financial relationships or conditions that arise between Users and their telecommunications operators or banking institutions related to payment services.

Based on the charging model and estimated costs for excessive parking occupancy, HOBACA temporarily reserves the funds needed to cover the costs of the provided services.

HOBACA may charge for the use of services using various payment methods, such as debit/credit card, value vouchers, or through bank transfer. Unpaid amounts are subject to interest at the legally prescribed rate, monthly on any unpaid amount, along with all collection costs. Depending on the arrangement through separate Agreements, legal entities may also have the option of monthly billing and payment for services provided in the previous month.

HOBACA has the right to immediately suspend access to the services if the User does not pay any fees billed by HOBACA in accordance with this Agreement. Suspension of access to services does not relieve the User of the obligation to pay such invoices or any other charges due for payment to HOBACA for relevant services.

The User undertakes to cooperate with HOBACA by providing information and materials necessary for the provision of services and ensuring that this information is complete and accurate.

The User is responsible for adhering to specific limitations and regulations at the charging station and properly using the charging station in accordance with instructions.

The User undertakes to use charging stations exclusively for charging electric vehicles that comply with the technical specifications and compatibility with the respective charging stations. Furthermore, upon completion of the charging process, the User is obliged to immediately remove their vehicle from the charging spot to free up space for other users.

The User assumes full responsibility for any damage or costs arising from non-fulfillment of the obligations mentioned in this section, as well as from non-compliance with the general Terms of Use.

The service provider is not responsible for the unavailability or delay of charging services due to circumstances beyond its control. In such cases, appropriate measures will be taken to mitigate the consequences.

The User has the right to file a complaint via HOBACA's customer support phone number, email, mail to the official address of HOBACA d.o.o., or in person at the company's premises. HOBACA undertakes to respond to the complaint via email within fifteen (15) days of receipt, regardless of the method of submission.

Unless expressly approved by HOBACA in writing, the User may not, directly or indirectly, allow third parties to:

• Rent, lease, copy, transmit, resell, sublicense, share ownership, or in any other way provide access to the Services to a third party;
• Modify or create derivative works of HOBACA services or any part thereof;
• Reverse engineer, disassemble, decompile, translate, or otherwise attempt to obtain the source code, underlying ideas, algorithms, file formats, or non-public APIs of the Services, except to the extent expressly permitted by applicable law and only with prior written notice to HOBACA;
• Violate or circumvent any security measures of the Services, or configure the Services in a way to avoid payment of fees or in any way impair the integrity, performance, or security of the Services;
• Access the Services with the intent of creating a competitive product or service or copying its features or user interfaces;
• Use or allow the use of the Services for any illegal or deceptive purpose, or in a manner not in accordance with this Agreement;
• Collect, use, and disclose data that infringes the rights of third parties, including privacy rights, publicity rights, and intellectual property rights ("Intellectual Property" means all intellectual property rights globally, whether registered or unregistered, including any application or right to apply for such rights (including, but not limited to, all copyrights and related rights, database rights, trade secrets, know-how, business names, trade names, trademarks, service marks, rights to prevent unfair competition, patents, utility models, semiconductor topographies, and design rights)).

HOBACA retains all rights, ownership, and interests (including all intellectual property rights) in the Services, all related or underlying documentation, technologies, codes, knowledge, logos, templates, anything delivered as part of support for other services, as well as all updates, modifications, or derivatives of any of the foregoing (all considered HOBACA's confidential information). Furthermore, HOBACA retains all licenses not expressly granted under this Agreement. You acknowledge and agree that you have no right to obtain a copy of the software behind any of the Services and that HOBACA has the exclusive right to periodically update, repair, modify, or improve the Services. HOBACA reserves the right to periodically change or remove features of the Services.

The use of the services is the sole responsibility of the User. HOBACA (or its affiliates, licensees, and suppliers) will not be liable for any damage arising from or related to these Terms or the services.

Neither party will be responsible for delays or failures to fulfill obligations under these Terms if the delay or failure is due to events beyond its reasonable control.

These Terms may be terminated by either party at any time for any reason. Upon termination, you will no longer have access to the services.

All provisions of this Agreement that by their nature should survive termination will remain in effect after termination, including, without limitation, compensation rights, confidentiality obligations, warranty disclaimers, and liability limitations. Therefore, termination does not affect existing claims related to charging processes that occurred before termination, including the obligation to pay for all charging sessions initiated before termination.

HOBACA or authorized service providers collect, process, and use data about you for the purpose of executing the contractual relationship in accordance with the General Data Protection Regulation (GDPR) and other applicable national data protection laws. All collected data is exclusively owned by HOBACA and may be used for the purpose of improving products and services and the development of HOBACA's business.

HOBACA reserves the right, at its sole discretion, to modify, update, or otherwise revise these Terms of Use at any time. Such revisions become effective immediately upon the posting of the updated Terms on this website. HOBACA will notify you of any significant changes to the terms.