Kia Hypercharge - Terms and Conditions - General Provisions

These General Provisions refer to the service for charging electrical vehicles that KIA BULGARIA LTD provides to their clients. These general rues determine the conditions on which the Client buys the right to charge electrical energy from the Supplier of the Service for charging from charging stations/points of the Supplier or other owners - partners of the Supplier - of charging stations/points. These conditions do not apply for selling or supply of electric power.

1.    Definitions:

 1.1.   "Service" is a charging service provided to the clients on the basis of which they can use charging stations/points of the Supplier or owners of charging stations/points which are partners to the Supplier;

1.2.    “Supplier" is the company offering the service to the clients. In these General Provisions the Supplier is KIA BULGARIA LTD, Unique Identification Code (UIC) 204650474, having its head office registered at the following address 144 Tzarigradsko Shosse, 1138, Sofia tel. 0700 10 660, email: hypercharge@kia.bg, hypercharge.kia.bg;

1.3.   "Client" is the person accepting these General Provisions for providing the service by the Supplier and/or owner of charging station/point. The Client can be any person aged 18 or above or a natural person;

1.4.    "Electric Vehicle" is a motor vehicle having a driving unit that includes at least one non-peripheral electrical appliance as energy convector with rechargeable electric energy that can be charged from an external source in compliance with Directive 2014/94/EU of the European Parliament and the Council of 22 October 2014 on the deployment of alternative fuels infrastructure;

1.5.   "Parties of the Contract" are the Supplier and the Client;

1.6.   "Owner of the charging station" is a person that owns charging stations or points and/or operates them. The owner of the charging station may determine and update unilaterally the price formation for use of the charging station and propose charging point';

1.7.   "Charging station" is a device having one or more charging points where electric vehicles may be recharged;

1.8.   "Charging points" are slow or fast charging points that allow direct powering of the electric vehicle with a maximum power of up to 22 kW AC (slow charging points) or up to 22 kW DC (fast charging points);

1.9.   "Mobile application" - web based portal for mobile devices Kia Hypercharge, maintained by the Supplier, through which the Service is provided. The mobile application can be downloaded for free from Google Play or Apple Store. The Client identify themselves to the Supplier through the mobile application;

1.10.   "Internet account" are the Client's data provided for the purpose of identification and through which data the Client can manage his/her user account.

1.11.   "Personal data" means all personal data though which the Client can be identified directly or indirectly, including, but not limited to: names, phone number, address, email, as well as the number of the Client's payment card, order details and payments etc.;

1.12.   "Payment functionality of the application" means the function that allows the client to pay for the provided Service – recharging of electric vehicle at the charging stations/points in the network managed by the Supplier;

1.13.   "Power balancing" is the change of recharging speed or stoppage of recharging of the electric vehicle or the power supply, stored in the battery of the electric vehicle to the power supply network. The power supply network is owned by respective power supply company which is responsible for the stoppage or change of recharging speed. The Supplier shall not be liable for disruption of services, change of speed or temporary interferences.

2.    Conclusion of the Contract for Providing the Service, right to withdrawal

2.1.   This Contract, in the conditions of the General Provisions for the recharging service, shall be concluded for unlimited duration and may be terminated at any moment by any of the Parties on a one-week notice, send electronically to the addresses for communication specified by the Parties.

2.2.   When the Client is registered with Kia Hypercharge mobile application, the Client shall provide to the Supplier a chosen user name under which he/she shall use the service and a valid email address through which the official correspondence between the company shall be performed, and these data shall serve for identification of the specific Client. At initial registration with the mobile application the Client shall create their own password to be used for access to the content of the mobile application Kia Hypercharge and the Service.

2.3.   Before making their own registration of an Internet account and in order to be have access to Kia Hypercharge mobile application, the Client shall read these General Provisions, the Policy for Data Protection of the Supplier and the Privacy Notification, which are published at the website of the Supplier hypercharge.kia.bg;

2.4.  When one of the Parties is an User withing the meaning of the Consumer Protection Act, these General Provisions shall also include applicable rules for concluding contracts outside the business premises and remote contracts as described in Chapter 4 of the Consumer Protection Act. After conclusion of this Contract the Client shall receive confirmation by email containing the essential information for the concluded contract, namely these General Provisions. 

2.5.   As specified in Art. 2.3 the User has the right of withdrawal from Contract by informing the Supplier within 14 (fourteen) days as of the date on which the User has received confirmation of the concluded Contract by email. The form for withdrawal may be filled in at the site of the Supplier hypercharge.kia.bg using the provided model or a statement by the Client, which shall be sent by email or ordinary mail to the address of the Supplier. Please specify the full name, Client's number, address, email and telephone number. If you use this opportunity, we shall immediately send you confirmation by email for receipt of withdrawal. In order to comply with the contract you should just send the message about exercising your right of withdrawal before the expiration of the time period for withdrawal of contract. Apart from this provision, the User has no right of withdrawal, if provisioning of the service or recharging of electric vehicle has started before the end of the period within which the right of withdrawal can be exercised. In such case you shall have to repay the amount that is proportional to the service provided to that moment in which you have informed us that you exercise your right of withdrawal of this Contract as compared to the whole amount of the Contract.

3.    Rights and Obligations of the Parties to the Contract

3.1.   The Supplier has the right to request that the electric equipment and installations of the electric vehicle shall comply to the lawful requirements, official regulations and technical requirements that are necessary for providing and use of service. The Supplier shall not be responsible for any consequences from supplying and non-providing of the Service, if they are result of the fact that the vehicle does not comply with the above requirements.

3.2.   The use of recharging station and/or recharging point requires identification of the Client through the mobile application of the Supplier – Kia Hypercharge. This identification shall be made before recharging of the electric vehicle.

3.3.   The Client shall keep the user name and password for access to the mobile application Kia Hypercharge private and shall not disclose them to any third parties. Otherwise, in cases of misuse of identification data the Client shall be responsible and shall pay to the Supplier the due amounts for the use of the service through their mobile portfolio, unless he/she had already informed the Supplier. In case the identification data for access to mobile application become known to third parties or become lost, the Client shall immediately send a message to the following email address: hypercharge@kia.bg or shall call the following phone number during working hours (every working day from 09:00 am To 6 pm): 0700 10 660 or shall call the customer care center at 0700 10 660 beyond working hours. The Supplier shall temporarily deactivate the Internet account of the Client. In case the Client desires, he/she may make a new registration of Internet profile with new identification parameters.

3.4.   When using the service and recharging the Client shall make sure the instructions for use of the charging station and/or charging point are fully complied with. The Client shall be responsible for all damages caused by him/her to the Supplier or other owners of charging points/stations as a result of non-compliance with the instructions given or due to negligence. The Client shall immediately inform the Supplier or the owner of the charging station/point for any defects or damages of the charging station and/or charging point that were observed.

3.5.   The Supplier shall be responsible for any potential disturbances, delays or mistakes in the electric vehicle or the Service, as well as such caused by the activity of an external supplier of services, issues during use, non-functioning mobile application or other damages caused by problems related to the use and functionality of the service.

3.6.   With a view of avoiding damages the Parties under this Contract shall undertake all reasonable actions for avoiding or restricting the damages. The Client shall reimburse the Supplier of the Service for all guiltily causes damages that are directly and immediately related to non-performance of obligations and engagements under these General Provisions at compliance with the respective regulations of the active Bulgarian legislation.

4.    Current Price List, Accounts and Invoices

4.1.   The Client shall pay for the using the Service fees according to the current prices of the Supplier or the owners of recharging points/stations for which prices the Client was informed in advance. The Supplier may determine and update unilaterally the price formation of the Service at any time. The current prices for the Service for recharging electric vehicles for the specific charging station/point is indicated in the mobile application Kia Hypercharge, therefore the Client states his/her agreement to consider himself/herself dully informed for the current price of the Service within the network of charging stations/points administrated by the Supplier and that the Supplier shall not be responsible in case the Client was negligent and did not familiarize himself/herself with the current prices for the Service.

4.2.   The current prices including discounts are available for the Client after he/she registers in his/her Internet account though the mobile application Kia Hypercharge.

4.3.   The use of Service shall be paid by the Client through a valid debit or credit card. The Client’s Internet reports information for the number of charging, paid amounts, dates and locations of the respective charging stations/points. The Supplier shall provide to the Client monthly report for the use of the Service at request of the Client. After each use of the Service, the Client shall receive an email message with the bill attached. Invoice for the services may be issued on a monthly basis at request by the Client.

5.    Interruption of Service

5.1.    In case of interruptions of service or sudden dis-balance, the respective power distribution company shall troubleshoot the fault in a timely manner. The Supplier has the right to temporarily disrupt the provision of the Service for the period, needed for servicing and restoration. Additionally, the Service might be interrupted with the purpose of providing control on the balance in the power supply network, the quality of supplied electricity or other interruptions that might have occurred.

5.2.   The Supplier has the right to refuse providing the Service and immediately to stop supplying the service to the Client, if this is requested by official regulations or if there is any doubt that the Service is used without permission, in violation of these General Provisions and this Contract for the Service, or in an illegal way.

5.3.   The Supplier shall inform in advance (if possible and if being timely informed by the power distribution company) the Client by email or other method about the reason and the expected duration of interruption of Service for a charging point/station owned by the Supplier.

5.4.   If the interruption of the Service is caused by the Client, then the Client shall not be released from payment or other obligations towards the Supplier for the Service provided until the moment of interruption.

6.    Change in General Provisions, Transfer and Termination of Contract

6.1.   The Parties under this Contract might agree by mutual agreement to change this Contract. The Supplier has the right to change these General Provisions once through a written notice sent to the Client by email or other means of communication, on the condition that the notice was sent one (1) week in advance.

6.2.   The Client has no right to transfer obligations under this Contract to third parties. The Supplier has the right to transfer their rights and obligations under this Contract to another supplier of the Service. The General Provisions that specify the rights and obligations of the Client cannot be changed in relation to the transfer. The Client shall be notifies about the transfer not later than the moment of issuing the first bill by the new Supplier.

7.    Termination of Contract

7.1.   The Contract shall be terminated in the following cases:

7.1.1.     By mutual agreement;

7.1.2.      In the cases stipulated in the Law and these General Provisions;

7.1.3.     By any of the Parties under this Contract with a one (1) week's advanced notice.

7.1.4.     In other cases that are not mentioned here, due to non-performance by any of the Parties.

7.2.   At termination of this Contract the Supplier shall terminate the Internet account of the Client at their web page, by which the Kia Hypercharge mobile application is accessed.

7.3.   All messages and notifications between the Supplier and the Client shall be made in writing, to the addresses of the Parties, and for such correct form shall be considered email messages and notifications.

8.    Personal Data and Privacy

8.1.   In relation to the Service for recharging electric vehicles from the Supplier's charging stations/points, which Service is provided by the Supplier and other owners of charging stations/points, the Supplier processes the personal data provided by the Client (as far as and in case that such data were provided for the purposes of due provision of the Service), in compliance with the provisions of Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), the policy on personal data protection and the privacy notification of the Supplier available at: hypercharge.kia.bg

9.    Dispute Resolution

9.1.   The Client declares its explicit consent and accepts that these General Provisions, confirmed by email in the process of registration with the Kia Hypercharge mobile application or the web page hypercharge.kia.bg, through adding a check in the special check box, shall be considered correctly approved and binding, give rise to the same legal consequences as a handwritten signature of the Client on written documents and shall be allowed to be used in court or any other institutions for dispute resolution. Acceptance of these General Provisions, their execution, interpretation and dispute resolution shall be settled in compliance with the applicable law of the republic of Bulgaria.

9.2.   Any dispute, contradiction or claim that arise from or are related to these General Provisions, their interpretation, breach, termination, or validity shall be settled first through mutual negotiation in compliance with the principles of impartiality, rationality and fairness through mediation. In the event that consent is not reached through negotiation between the Parties or meditation within 20 (twenty) as of the date of receiving the written proposal for continuing the negotiation or in case any of the Parties decides that further negotiations are wasteful, any dispute, contradiction or claim shall be finally resolved in the respective generically competent court on the territory of the city of Sofia.