Terms of Use

These Terms of Use ("Terms") govern the use of the ENNA Charge mobile application, web application and related charging services (collectively, the "Service").

The Service is provided by ENNA Charge d.o.o., Gospodarska zona Vukovar 13, Vukovar, Croatia, PIN (OIB): 97052395887 ("ENNA Charge", "we", "our" or "us").

The Service includes charging services, account management, payment services, tariff programmes, loyalty programmes, roaming services and other functionalities that ENNA Charge may make available from time to time.

By using the Service, you agree to be bound by these Terms.

If you do not agree with these Terms, you may not use the Service.

You may use the Service only if:

• you have legal capacity to enter into binding agreements; and
• you comply with these Terms and applicable laws.

If you use the Service on behalf of a company or other organisation, you represent that you are authorised to bind that organisation.

Certain features require the creation of an ENNA Charge account.

You are responsible for maintaining the confidentiality of your login credentials and for all activities conducted through your account.

You must provide accurate and up-to-date information and promptly update any changes.

You may register or sign in using credentials provided by ENNA Charge or through supported third-party authentication services such as Google or Apple.

The Service enables users to:

• locate charging stations;
• view information regarding charging stations and connectors;
• start, monitor and stop charging sessions;
• make payments for charging services;
• access charging session history; and
• use other features made available from time to time.

Charging availability depends on technical, operational and network conditions and is not guaranteed at all times.

Charging prices, applicable tariffs and any related fees are determined by the valid Price List published in the Service and on the ENNA Charge website.

For users who are consumers, all prices and fees displayed in the Price List, the Service and at charging stations are expressed in euros and include value added tax (VAT) and all other public charges.

By starting a charging session or subscribing to a subscription model, the user expressly confirms the obligation to pay and authorises ENNA Charge and its payment service providers to process payments, collect due amounts and carry out any necessary pre-authorisations.

If a due payment is not settled, ENNA Charge may temporarily restrict or disable further use of the Service until the outstanding debt has been settled.

Parking and Idle Fees

In order to ensure the availability of charging infrastructure to all users in accordance with Regulation (EU) 2023/1804, certain charging stations may be subject to an occupancy fee for the charging space (a per-minute overstay fee) where a vehicle remains connected to the charging station after the charging cycle has ended or exceeds the maximum permitted dwell time.

The amount of the occupancy fee and the exact grace period, where applicable, are determined by the Price List.

The occupancy fee will only begin to accrue after the expiry of the defined grace period from the moment the charging cycle is completed or charging is interrupted. ENNA Charge will endeavour to notify the user in a timely manner through the Service, for example by automatic notification, that charging has been completed and that the occupancy fee has started to accrue. The user is obliged to disconnect and remove the vehicle in a timely manner.

Invoicing

Where available, users may request invoices for charging services through the Service or by contacting customer support.

The user is responsible for ensuring that any billing, tax and invoicing information provided is accurate and complete.

ENNA Charge may reject, correct or reissue invoices only to the extent permitted by applicable law and administrative requirements.

Tariff Programmes and Promotional Benefits

ENNA Charge may from time to time offer tariff programmes, loyalty programmes, promotional campaigns, vouchers, discounts, fleet arrangements, subscriptions or other commercial benefits.

Any such programme shall be governed by additional terms published through the Service or otherwise communicated to users.

Unless expressly stated otherwise, ENNA Charge reserves the right to modify, suspend or discontinue any such programme in accordance with applicable law.

Pre-Authorisations

Before a charging session is started, ENNA Charge, through its payment service providers, carries out a temporary pre-authorisation, reservation or hold of funds on the user's payment instrument in order to verify the validity of the instrument and secure collection. The amount or maximum pre-authorisation framework is transparently displayed in the Service or the Price List before the session is started.

The pre-authorised amount does not constitute a final charge. Immediately after the charging session ends, the actual consumption is calculated and the exact amount of the service is charged, while an instruction to release the remaining reserved amount is submitted without delay. The actual time required for funds to be released on the account depends on the card scheme and the bank that issued the user's card.

In accordance with Article 5(1) of Regulation (EU) 2023/1804 (AFIR), ENNA Charge enables ad hoc charging at publicly accessible charging stations without the need to register a user account or enter into an ongoing contractual relationship.

Users of ad hoc charging are subject, as applicable, to the provisions of these Terms relating to prices, safety rules, complaints and governing law.

The Service may interact with charging networks, roaming platforms or other e-mobility service providers.

Where charging services are provided through a roaming arrangement, additional terms and conditions of the relevant provider may apply.

You must not:

• use the Service unlawfully;
• interfere with charging stations, software, communications networks or security measures;
• attempt unauthorised access to accounts, systems or data;
• misuse payment services; or
• use the Service in a manner that may endanger persons, property or charging infrastructure.

ENNA Charge may amend these Terms and the Price List for justified operational, technical, market or regulatory reasons.

ENNA Charge will notify users through the Service or by email of proposed amendments to the Terms or the Price List affecting ongoing contractual relationships, for example registered users or subscribers, within a reasonable period before such amendments enter into force.

If a user who is a consumer does not agree with the proposed amendments, that user is entitled to terminate the contract and close the user account before the effective date of the amendments without any additional costs, penalties or fees. Continued use of the Service after that date shall be deemed acceptance of the amended Terms.

Creation of a User Account

Registration for and use of a user account in the Service are free of charge. The user may at any time and without charge close the user account through the app settings or by sending a request to customer support, provided that all due obligations for previously rendered charging services have been settled.

Individual Charging Sessions – Immediate Performance and Loss of the Right of Withdrawal

The charging of an electric vehicle is a service the performance of which begins immediately at the moment a charging session is started through the Service or at the charging station.

Pursuant to Article 86, item 1 of the Consumer Protection Act:

• By starting a charging session, a user who is a consumer expressly requests and gives prior consent for ENNA Charge to begin providing the charging service and supplying electricity immediately, before the expiry of the general statutory withdrawal period;
• The consumer acknowledges being informed that the right of unilateral withdrawal is lost as soon as the charging service has been fully performed.

If a charging session is interrupted before being fully completed, whether by the user's action or for technical reasons, the user remains obliged to pay the price for the electricity actually supplied in kWh and any applicable fees accrued up to the time of interruption.

Future Tariff Models and Subscriptions

If ENNA Charge introduces tariff packages with periodic fees, subscriptions or other special commercial programmes in the future, the conditions for contracting, duration, payment and application of the statutory 14-day right of withdrawal will be governed by separate terms presented to the user before such programmes are contracted.

The Service, including its software, trademarks, content, graphics and documentation, is owned by ENNA Charge or its licensors and is protected by applicable intellectual property laws.

No rights are granted except the limited right to use the Service in accordance with these Terms.

The Service may include or interact with third-party products, platforms and services, including payment providers, map providers, authentication providers and roaming platforms.

ENNA Charge is not responsible for the content, functionality or availability of third-party services.

Your use of such services may also be subject to applicable third-party terms and privacy policies.

The Service is provided subject to availability, on “as available” basis.

ENNA Charge does not guarantee uninterrupted or error-free operation.

ENNA Charge's liability is limited to ordinary damages (actual loss, damnum emergens), excluding liability for loss of profit and other forms of damage, except where mandatory law provides otherwise.

No provision of these Terms excludes liability that cannot be excluded under applicable law.

Nothing in these Terms excludes liability that cannot be excluded under applicable law.

We may suspend or terminate access to the Service if:

• you breach these Terms;
• payment obligations are not fulfilled;
• required by law; or
• necessary to protect users, charging infrastructure or the Service.

You may stop using the Service and close your account at any time.

ENNA Charge processes personal data in accordance with its Privacy Policy.

These Terms are governed by the laws of the Republic of Croatia. These Terms may be made available in multiple languages, however, in the event of any inconsistency or difference in interpretation between language versions, the Croatian language version shall prevail unless mandatory consumer protection law provides otherwise.

In the event of a dispute between ENNA Charge and a user who is a consumer, jurisdiction shall lie with the court in the Republic of Croatia having subject-matter jurisdiction according to the consumer's place of residence or habitual residence. For users who are not consumers, the parties agree on the local jurisdiction of the court in Zagreb having subject-matter jurisdiction.

For customer support regarding the Service:

support@enna-charge.com

For data protection enquiries:

dpo@enna-charge.com

Users may submit a written complaint regarding the provided Service, the operation of a charging station or the charging of prices:

• by post to: ENNA Charge d.o.o., Gospodarska zona Vukovar 13, 32000 Vukovar;

• by email to: support@enna-charge.com; if the complainant is a consumer, with the subject line "Consumer Complaint".

ENNA Charge will confirm receipt of the complaint in writing without delay.

If the complainant is a consumer, ENNA Charge undertakes to respond to the written complaint in writing within fifteen (15) days from the date of receipt of the complaint, clearly stating whether the consumer complaint is accepted or rejected