DRIFTER – GENERAL TERMS AND CONDITIONS FOR CONSUMERS
Effective as of November 14th, 2022
- These general terms and conditions (the “General Terms and Conditions”) apply when Drifter AB, 556982-8600 (“Drifter”), provides Services (as defined below) to natural persons (consumers) (the “Customer”) in Sweden.
- All Services are provided in accordance with mandatory law and in accordance with:
- any individually agreed terms and conditions; and
- these General Terms and Conditions.
In case of deviation between the above mentioned provisions, they shall take precedent in the abovementioned order.
- The Services are directed to natural persons above 18 years of age.
- Section 0 includes special provisions governing the use of Drifter services abroad.
- By applying for registration with Drifter (see section 3.1.4), the Customer agrees with and accepts to be bound by these General Terms and Conditions. A binding agreement (the “Agreement”) arises when Drifter has confirmed the Customer’s registration and the Customer gains access to Drifter’s Services. These General Terms and Conditions form part of the Agreement between Drifter and the Customer.
- If the Customer also has a business user account with Drifter, Drifter’s from time-to-time applicable general terms and conditions for business customers apply in applicable parts to the Customer’s business-related use of any services provided by Drifter.
In these General Terms and Conditions, and in connection with the Services, defined terms and expressions shall have the meaning set forth below:
“App” means Drifter Mobile application;
“Customer” means registered Drifter App / Website user
“Drifter Service” means the service that the customer receives from Drifter System (e.g Parking Service, Charging Service, Parking and Charging Guidance Service, Additional Services)
“Additional Services” means additional services. i.e., SMS service, invoice service
“Charging Fee” means the fee payable by the Customer in relation to a Charging Session, corresponding to and being calculated based on the length of the relevant Charging Session multiplied with the fix charging fee or dynamic charging fee generally applied by the relevant Park Operator, Charge Operator or Partner in relation to the relevant Charging Station from time to time;
“Charging Service” shall have the meaning set forth in section 3.1;
“Charging Session” means a single, continuous charging session ordered by the Customer using the Drifter System, during which the Customer’s vehicle is charged at the relevant Charging Station;
“Drifter Card” means a payment method the Customer can use while proceeding with a payment which works by depositing a certain amount of balance into the Drifter System;
“Drifter System” shall have the meaning set forth in section 3.1, i.e., Drifter’s electronic system for modern parking, charging and related services, which the Customer gains access to;
“Mobile device” means a mobile phone or a tablet;
“My Account” means the user information pages when a customer can access after logging in to Drifter (Website and/or the App)
“Login Credentials” shall have the meaning set forth in section 3.2.4;
“Parking and Charging Guidance Service” shall have the meaning set forth in section 3.1;
“Parking Lot” shall have the meaning set forth in section 4.2;
“Parking Service” shall have the meaning set forth in section 3.1;
“Part” and “Parties” means Drifter and/or the Customer;
“Partner” means any partner, which Drifter co-operates with (however, excluding Park Operators);
“Park Operator” means any parking operator, which Drifter co-operates with;
“Service/-s” shall have the meaning set forth in section 3.1;
“SMS Service” means Drifter’s SMS service;
“Website” means Drifter’s website drifterworld.se
Definitions may also be found elsewhere in these General Terms and Conditions.
- General terms and conditions for the Services
- Drifter provides an electronic system (the “Drifter System”) for modern parking, through which Drifter, in cooperation with Park operators and other Partners, enables Customers to administrate parking of vehicles (the “Parking Service”), charging of electric vehicles in cooperation with Charge operators (the “Charging Service”), guiding the Customers via at least one of the guidances like in-app navigation, physical Drifter decals or signs, Drifter App notifications, etc. (the “Parking and Charging Guidance Service”) and to access additional related services (each an “Additional Service”), such as SMS service, invoice service and other functions. The Parking Service, Charging Service and the Additional Services, as well as other services provided by Drifter from time to time to consumer customers are jointly referred to as the “Services”.
- In relation to certain Park Operators, Charge Operators and Partners, the Charging Service includes an element of immediate on-demand purchase and resale of electricity or charging time, whereby Drifter acts as a reseller. When a Customer is charging an electric vehicle and starts a Charging Session, from such time and until the Charging Session has ended; Drifter will
- buy relevant electricity or charging time from the relevant Park Operator, Charge Operator or Partner, and
- re-sell the relevant electricity or charging time to the Customer.
- For a more detailed description of the Services, reference is made to the information provided on the Website from time to time.
- Drifter offers a selection of Drifter Services (each a “Drifter Service”) including the Parking Service, Charging Service, Parking and Charging Guidance Service and Additional Services, if applicable, whose contents, prices and any special terms and conditions, are described on the Website from time to time.
- Access to the Services, registration data, etc.
- A precondition for the Customer to gain access to the Services is that the Customer registers as a user with Drifter. Drifter reserves the right to reject an application for registration.
- An application for registration can be made via the Website, the App or in such other ways as accepted by Drifter from time to time. In connection with the application for registration, the Customer shall provide requested information, such as further specified personal data, valid mobile phone number, email address, and the registration number for at least one vehicle. Furthermore, the Customer shall select a payment method accepted by Drifter, and register a payment card, or, as applicable, provide other information relevant for the selected payment method.
- When the registration has been approved, the Customer is granted a non-exclusive and non-transferable right, which is limited in time and not sub-licensable, to use the Drifter System and thereby the Services, in accordance with the selected Drifter Service and, if applicable, the App. The right to use the Drifter System and, if applicable, the App, remains during the term of the Agreement and for as long as the Customer has an active user account and discharges its duties under the Agreement (including these General Terms and Conditions). An active user account is an account that has had an active transaction in the previous 24 months, for example processing a parking or a charging fee or loading a balance to Drifter Card.
- In order for a registration to be approved, Drifter System sends a verification code to the Customer’s mobile number as SMS. The Customer shall also have a verified email address as personal information in the Drifter System. The Customer can log on to the Website and/or to the Drifter App by using one of the verified information (mobile number or email address) and one-time verification code (together, the “Login Credentials”).
- Certain Services require that the Customer using the App has enabled the function “allow reading SMS” and/or “allow location access” and/or “allow notifications” and/or “allow camera access” on its Mobile phone, vehicle or other technical solutions approved by Drifter from time to time.
- The Customer’s undertakings and responsibility
- The Customer is responsible for procuring that accurate information regarding the Customer and relevant vehicles is registered with Drifter at any time. Following approval of the registration, the Customer shall log on to its My Account or check the settings in the App to verify that the registered information is accurate. Drifter is under no circumstances liable for erroneous registered information, regardless of registration method.
- The Customer is responsible for ensuring that the payment card registered through Drifter, or any other selected payment method, as applicable, is valid, not blocked and that the associated account, if any, has sufficient coverage. The Customer shall provide Drifter with relevant information (e.g., through update in the App or on My Account, or by notifying Drifter Customer Service) regarding a new payment card at the latest by the end of the calendar month preceding the calendar month when the registered payment card expires.
- The Customer is responsible for procuring that the Login Credentials are kept and used in a safe manner, and not disclosed or otherwise made available to any unauthorized person.
- The Customer shall without delay inform Drifter, as instructed from time to time on the Webpage (e.g., through update in the App or on My Account, or by notifying Drifter Customer Service), if:
- the Customer has any reason to believe that an unauthorized person has gained access to or knowledge of the Login Credentials;
- any registered information regarding the Customer has been changed or should be updated;
- the Customer has any reason to believe that the registration number of a vehicle registered for use of Drifter AI Sensor System (as defined below) is misused;
- a Mobile phone, on which the Customer has installed the App, or a vehicle in which the Customer has installed the App, is lost or stolen; or
- a registered vehicle has been sold, temporarily deregistered (Sw. avställt), or otherwise will not be used in relation to the Services,
in order for Drifter to take appropriate measures, such as blocking the Login
Credentials, the registration number and/or the Customer’s user account or update the Customer’s registered information.
The Customer shall also keep Drifter notified of any other circumstances of importance to the Agreement and/or the provision of the Services.
- In addition to what is set out in the Agreement, the Customer shall comply with any instructions given by Drifter from time to time.
- The Customer is responsible for procuring that the (a) telephone, (b) Mobile phone, or (c) other technical equipment (e.g., a vehicle’s infotainment system) used by the Customer in relation to the Services functions properly and is compatible at all times with (i) the Drifter System, (ii) the Services, (iii) the App, as applicable. The Customer is also responsible for procuring that the App is duly updated, if applicable. The performance requirements applicable from time to time in relation to the Drifter System, the Services, the App, are available on the Website.
- Special terms and conditions for the Parking Service
- Through the Parking Service, the Customer is able to notify the relevant Park Operator of when a parking starts, the preliminary parking time and when a parking ends, and, if necessary, extend the parking time.
- If the parking is fully automated (“Drifter AI Sensor System”), a parking is started automatically when the relevant vehicle enters the Parking Lot, whereby the Customer receives a notification in the App, and is ended automatically when the vehicle leaves the Parking Lot. If the Customer is a registered user (the Customer is able to fulfill the login credentials defined in 3.2.4), the invoice for the Parking Session is sent to the Customer via the App and/or the verified email address of the Customer.
If the Customer is not a registered user (the Customer is not able to fulfill the login credentials defined in 3.2.4), the physical invoice for the Parking Session is sent to the address where the customer’s vehicle is legally registered. In this case i) the physical invoice preparation and sending fee will be added to the invoice amount, ii) Drifter is responsible for sending the physical invoice to the address where the customer’s vehicle is legally registered. However, it is not Drifter’s responsibility if the customer cannot be found at this address and cannot receive the invoice for any reason.
If the parking service is not automated with Drifter AI Sensor System, the Customer must start and end the parking sessions manually and in accordance with the Park Operator’s instructions. Drifter is not a party and accepts no responsibility for the parking services that are not automated with the Drifter AI Sensor System, in the process of starting, ending, and invoicing the parking session.
- The Parking Service may among other things be used for residential/permit parking, provided that the relevant Park Operator accepts this. When using the Parking Service for residential/permit parking, the Customer needs a residential/parking permit provided by the Customer’s municipality. The Customer is responsible for procuring that it holds a relevant residential/parking permit. When using the Parking Service for residential/permit parking, the Customer can only notify the Park Operator of a fixed parking time, which cannot be prematurely ended.
- The Parking Service also includes the acquisition by Drifter of the Park Operator’s claim on the Customer for payment of the relevant parking fee (including VAT), which is determined on the basis of the Park Operator’s current tariff (the “Parking Fee”), in connection with the Customer ending a parking, or alternatively, the parking session to be ended automatically with Drifter AI Sensor System (see section 4.1.2).
- In connection with the Parking Service, Drifter offers certain Additional Services and functions (some at an additional cost depending on the “Drifter Service”). For example, the Customer may choose to receive a reminder from Drifter (e.g., via SMS) at a certain time before a preliminary set or fixed parking time ends. The Customer is always responsible for ending a parking that has been started via the Parking Service, irrespective of whether the Customer has chosen to receive a reminder, in parking lots where Drifter AI Sensor System is not available.
- Drifter AI Sensor System is provided and maintained by Drifter. Drifter provide all technical support in relation to the Drifter AI Sensor System;
- The Park Camera Systems are provided and maintained by the Park Operators and not by Drifter. Drifter does not provide any technical support in relation to the Park Camera System; instead, the Customer is referred to the relevant Park Operator.
- The Parking Service can only be used at parking lots and within parking areas/zones
(each a “Parking Lot”), which:
- at any given time are (a) specified in the list “Drifter works here”, which is available on the Website, or (b) indicated in the App’s map interface; and/or
- have parking meters with Drifter decals, or otherwise have signs or other Drifter distinctive marks, which indicate that Drifter co-operates with the Park Operator in relation to the relevant Parking Lot.
- To be able to use the Drifter AI Sensor System service in relation to a particular vehicle, the Customer must activate the Drifter AI Sensor System for such a vehicle, via the App or My Account, and register the vehicle’s registration number. The Customer is responsible for specifying the correct registration number. If the Customer also has a business user account with Drifter, it must select which account any Drifter AI Sensor System parking shall be registered to.
- When using the Parking Service, the Customer shall start a parking by activation via either:
- the App;
- My Account;
- the Park Camera System, provided that the relevant Park Operator supports Drifter AI Sensor System; or
- the CameraPark System, provided that Drifter and supports Drifter AI Sensor System;
In order to make sure that the parking has started correctly, the Customer shall check that a confirmation of the started parking has been received via:
- the App, when using the App;
- SMS, when using the SMS Service;
- My Account, when using My Account;
- When using the Parking Service, if the Customer starts a parking in another way than by using an Drifter AI Sensor System, the Customer shall in connection therewith specify the parked vehicle’s registration number and the relevant Parking Lot. (see section 4.1.2 for the parties responsibilities for this case).
- When using the Parking Service for residential or permit parking, if the Park Operator so requires, the Customer shall have a residential/parking permit attached to the front window of the parked vehicle. If the residential or permit parking lots are automated with Drifter AI Sensor System, the Customer shall have the digital park permit or a VIP code for such parking. Please contact the Park Operator to receive information on whether a visible residential/parking permit or a digital park permit / VIP code is required.
- Drifter provides information regarding parkings made by the Customer on My Account, and such information is generally stored for at least twelve months.
- The Customer’s undertakings and responsibility
- The Customer shall always comply with applicable laws and regulations, and the rules established by the relevant Park Operator at any given time, or which are otherwise applicable in relation to the Parking Lot where a Customer parks the vehicle.
- The Customer is responsible for starting the parking correctly, by specifying the parked vehicle’s registration number and the relevant Parking Lot (except for when Drifter AI Sensor System is used). The Customer is responsible for procuring that the specified Parking Lot and registration number are correct, irrespective of whether such information has been proposed through the App’s navigation function or through the use of Drifter AI Sensor System.
- The Customer is responsible for procuring that a parking time is ended. If the Parking Lot is not automated with Drifter AI Sensor System, or the Customer did not give permission to Drifter to enable Drifter AI Sensor System on the App/My Account for that parking session, the Customer is responsible for ending the parking manually. If the Customer is using the Park Camera, it shall check that a parking time has ended when the relevant vehicle leaves the relevant Parking Lot, and end such parking manually, if it has not ended automatically.
- If the Customer is using Park Camera or Drifter AI Sensor System, the Customer is responsible for procuring that the relevant vehicle’s number plates are clean, not damaged and otherwise in a readable condition when the vehicle enters and leaves the Parking Lot.
- If the Parking Service is not available or is out of function when the Customer shall park (e.g., due to reasons attributable to the (i) telephone, (ii) Mobile phone or (iii) other technical equipment (e.g., a vehicle’s infotainment system) used by the Customer, or failure, disruption or delay in telephone, Internet, or other communication network, or a Park Camera System), the Customer is responsible for making proper payment to the Park Operator in any other way instructed by the Park Operator (e.g., by payment in relevant parking meter). If the Customer in such a case does not make payment in any such other way, the Customer risks being issued a parking fine, or a fee or a charge for incorrect parking.
- The Customer is responsible for deactivating the Drifter AI Sensor System service in relation to a vehicle, if the Customer no longer wants to use such service in relation to such vehicle (e.g., if the vehicle has been sold, or, in respect of lease and rental cars, when the relevant rental or lease period has ended).
- The Customer is responsible for any parking fines and fees or charges for incorrect parking (which may be notified or collected in connection with parking violations), and the payment thereof. Any parking violation is a matter between the Customer and the relevant Park Operator or the police authority. Drifter remains neutral in such disputes, however, Drifter may at its sole discretion and extent provide information to the disputing parties.
- Special terms and conditions for the Charging Service
- Through the Charging Service, the Customer is able to notify any relevant Partner or Park Operator or Charge Operator, or Drifter (when Drifter acts as a reseller), as applicable, when a Charging Session is started, the preliminary charging time/grade and when the Charging Session is ended, and, if necessary, extend/increase the charging time/grade.
- The terms and conditions for the Parking Service set forth in section 3.3.6, apply mutatis mutandis to the Charging Service, however, started and ended parking shall, respectively, mean started and ended Charging Session, and no resident parking and no system corresponding to Park Camera System exist in relation to the Charging Service.
- Drifter provides information regarding Charging Sessions on My Account, and such information is generally stored for at least twelve months.
- If Drifter does not function as a reseller, the Charging Service includes the acquisition by Drifter, of the Partner’s, Park Operator’s or Charge Operator’s claim on the Customer for payment of relevant Charging Fee (including VAT), in connection with the Customer ending a Charging Session (see section 6.3).
- Charging stations are provided and maintained by Partners and/or Park Operators and/or Charge Operators, and not by Drifter. Drifter assumes no responsibility for the charging station used by the Customer for the Charging Service (the “Charging Station”), and does not provide any technical support in relation to the Charging Station. If a Charging Station does not function properly or, e.g., has caused damage to the Customer’s vehicle, the Customer is referred to the relevant Partner, Park Operator or Charge Operator. Normally, contact details are provided in connection with the Charging Station, but may also be retrieved from Drifter’s customer service.
- The Customer’s undertakings and responsibility
- The Customer shall always comply with applicable laws and regulations, and the rules established by each relevant Partner, Park Operator or Charge Operator at any given time, or which are otherwise applicable in relation to the Customer’s charging of the vehicle.
- If the Charging Service is not available or is out of function when the Customer shall charge the vehicle, or at any time during the Customer’s charging of the vehicle (e.g., due to reasons attributable to the (i) telephone, (ii) Mobile phone or (iii) other technical equipment (e.g., a vehicle’s infotainment system) used by the Customer, or failure, disruption or delay in the telephone, Internet, or other communication network), the Customer is responsible for making proper payment to relevant Partner or Park Operator in any other way instructed by such Partner, Park Operator or Charge Operator.
- The Customer is responsible for any damage caused by the Customer, the Customer’s vehicle or other property pertaining to the Customer, in connection with the charging of the Customer’s vehicle.
- Special terms and conditions for the Parking & Charging Guidance Service
- Through the Parking and Charging Guidance Service, the Customer may receive proposals regarding available Parking Lots and/or Charging Stations close to the Customer, through the App’s navigation function or other technical solution approved by Drifter from time to time, which is compatible with the Parking and Charging Guidance Service.
- The Parking and Charging Guidance Service requires that the Customer uses the App and has enabled the functions “allow location access” and/or “allow push notifications” on its Mobile phone or other technical solutions approved by Drifter from time to time.
- Drifter assumes no liability for that the App’s navigation function correctly indicates whether there are Parking Lots/Charging Stations available close to the Customer’s position, or guides the Customer properly to such Parking Lot/Charging Station. Furthermore, Drifter assumes no liability if a Parking Lot/Charging Station, to which the Customer has been navigated, is not available when the Customer arrives at it.
- Notification of assignments of claims
- This Section 7 is not applied when Drifter acts as a reseller in relation to the Charging Session.
- The Customer is hereby notified that Drifter, as applicable, will acquire
- the relevant Park Operator’s claim on the Customer for the payment of the relevant Parking Fee, immediately after the Customer ends a parking, which was started via the Parking Service, or alternatively, starts a fixed parking time via the Parking Service, and/or
- the relevant Partner’s, Park Operator’s or Charge Operator’s claim on the Customer for payment of the relevant Charging Fee, immediately after the Customer ends a Charging Session.
The Customer is hereby notified that the Customer shall make payment for any assigned claim to Drifter (and not to the relevant Partner/ Park Operator/Charge Operator).
- The Customer is notified via My Account, the App, email, the receipt and/or SMS that a claim regarding payment of a Parking Fee and/or Charging Fee has arisen and that Drifter has acquired such a claim from the relevant Partner/ Park Operator/Charge Operator.
- Prices and Fees
- Prices and fees for relevant Drifter Service, Additional Services and other additional functions are set forth in Drifter’s price list applicable from time to time, which is available on the Website and on the App. All prices and fees include VAT. Parking Fees and Charging Fees are in addition to and not included in Drifter’s prices and fees.
- Drifter’s pricing model for the Drifter Services currently consists of a non-recurring fee when a registration is approved, and/or, depending on the Drifter Service selected by the Customer (which primarily is driven by the Customer’s parking and charging requirements), of (i) only a fixed monthly fee, (ii) a percentage surcharge to the relevant Parking/Charging Fees and a fee per use of Additional Services, i.e., no fixed monthly fee, or (iii) a combination of a percentage surcharge to the relevant Parking/Charging Fees, a fee per use of Additional Services and a fixed monthly fee. Separate fees may be charged for Additional Services and other additional notifications and functions, which are not included in the relevant Drifter Service.
- Additional Services, or any new services, may in the future be subject to separate fees.
- Drifter reserves the right to change its prices and fees. Such amendments will become effective no earlier than 30 days after the Customer has been informed of the change.
- Payment terms, etc.
- Payment is made either by charging the Customer’s registered payment card, or by any other payment method approved by Drifter from time to time. The Customer selects and approves of the payment method in connection with its application for registration. For information regarding additional payment terms applicable to each respective payment method, reference is made to the relevant payment service provider.
- Drifter Card is a payment tool provided by Drifter System that allows the Customer paying for parking and/or charging fees by loading a certain amount of money from a credit or debit card in advance. Drifter Card may provide price advantages for parking or charging sessions communicated by Drifter through the App or the Website from time to time.
- If the Customer prefers to pay the charging and/or parking fee with the Drifter Card, the Drifter Card must have a balance at least as equal as the relevant charge and/or parking fee.
- Other prices and fees (except for what is set forth in section 9.2) are charged in accordance with the payment method selected by the Customer after the starting or ending of the relevant Service. The Customer hereby approves such charging.
- Parking Fees and Charging Fees (including Drifter’s percentage surcharge, if applicable in accordance with the Drifter Service selected by the Customer) are charged (i) after Drifter has acquired the relevant claim regarding the Parking Fee and/or the Charging Fee from the relevant Park Operator, Charge Operator or Partner, or (ii), if Drifter acts as a reseller in relation to the Charging Service, after the relevant Charging Session having been ended.
- If payment is not made on time, Drifter is entitled to charge a penalty interest fee in accordance with Section 6 of the Swedish Interest Act (SFS 1975:635) (Sw. räntelagen), from the due date until the time payment has been made in full. Drifter is entitled to compensation for costs associated with collection of due amounts (such as late payment reminders or debt collection demands).
- The availability of the Drifter System, intellectual property rights, etc.
- The Drifter System is generally available 24 hours a day, however excluding time necessary for planned interruptions for upgrades, modifications and maintenance. The Customer acknowledges that software can never be tested in all possible situations and that deviation from agreed functionality and unexpected errors and disruptions may occur. Drifter reserves the right to update the Drifter System with new functions or otherwise modify it in order to, for example, adapt it to new technology, new security standards or new administrative procedures.
- All copyright (including the right to computer programs, databases, source codes, object codes and algorithms) and other intellectual property rights (including trademarks and patent rights) relating to the Drifter System and its contents are owned or licensed by Drifter or its suppliers and partners. No such rights are transferred to the Customer by the virtue of this Agreement. It is not allowed to use, or to grant others a right to use, the Drifter System or its contents for commercial purposes. The Customer does not have any right to copy, distribute, sell, publish, transfer, lend, sub-license, modify, or otherwise dispose of or take any action regarding the software included in the Drifter System. The Customer does not have any right to engage in reverse engineering, decompilation, disassembling or in any way attempt to access the software’s source code. In addition to the Customer’s right to information pursuant to Sections 4.2.5 and 5.1.2, the Customer has no right to by itself or through others collect and store data from the Application and the Website.
- The Customer shall ensure that all information and materials, which are transferred to the Drifter System are free from damaging elements or source code or malware (such as viruses, worms and Trojan horses). The Customer is responsible for that information, which the Customer uploads to My Account or makes available via the App, does not infringe any third party’s intellectual property rights or otherwise is not in conflict with law, regulation or the right of others.
- Drifter’s liability
- Drifter’s aggregate liability shall in no event exceed an amount equivalent to one price base amount in accordance with Chapter 2 Section 7 of the Swedish Social Insurance Code (SFS 2010:110) (Sw. socialförsäkringsbalken), except if Drifter has acted willfully or grossly negligent.
- Drifter is not liable for any damage or loss incurred by the Customer caused by:
- the Customer’s fault or negligence, including that the Customer has (i) not correctly started or ended a Service (irrespective of whether the Customer has selected to receive a reminder from Drifter or used Park Camera), (ii) not heeded information provided, or (iii) specified the wrong registration number when starting a parking (irrespective of whether such information has been stated manually or after a proposal made by the navigation function in the App or through the use of Drifter AI Sensor System);
- the Customer not having discharged its duties under the Agreement or otherwise not
complied with Drifter’s instructions;
- the Customer having parked its vehicle in violation of applicable laws, regulations, and/or rules established by the relevant parking operator, or which are otherwise applicable in relation to the Parking Lot where the Customer parks the vehicle;
- error or insufficient functionality (such as the equipment being switched off or having a discharged battery) relating to the Customer’s (i) telephone, (ii) Mobile phone or (iii) other technical equipment (e.g., a vehicle’s infotainment system), which may result in a parking or a Charging Session not being started (whereby the Customer risks, e.g., a parking fine) or being ended correctly (whereby the Customer risks, e.g., to pay too much for its parking or charging);
- failure, disruption or delay in telephone, Internet, or other communication network
provided by a party other than Drifter, or any telecommunication operator’s actions or omissions affecting the Services’ functionality or its availability, which, e.g., may result in the Customer’s phone, Mobile phone or other technical equipment not being able to communicate with the Drifter System and a parking or a Charging Session not being started (whereby the Customer risks, e.g., a parking fine) or being ended correctly (whereby the Customer risks, e.g., to pay too much for its parking or charging);
- the Service having been canceled by Drifter due to reasons that prove to be incorrect, but which Drifter had reason to believe were correct at the time of the cancellation, and which justified the cancellation;
- a Charging Station not functioning correctly;
- a Parking Lot/Charging Station proposed by Drifter not being available when the Customer arrives there;
- the Customer’s Drifter Card having been lost or stolen without the Customer informing Drifter thereof, or otherwise been subject to unauthorized use;
- the Customer not having informed Drifter of a known or suspected misuse of the registration number of a vehicle registered for use of Drifter AI Sensor System;
- a Mobile phone, on which the Customer has installed the App, being lost or stolen and the Customer not having duly informed Drifter about this;
- the Customer not having duly deactivated the Drifter AI Sensor System service in relation to a vehicle;
- unauthorized use of the Login Credentials and/or the Services, or
- Force majeure (see section 14.4).
- Provided that Drifter has not acted with neglect or intent, Drifter is not liable for indirect or consequential damages such as, e.g., loss of profits, or for any damages in relation to the Customer’s relationships with any third party.
- In case of a defective Service or an erroneous charge, the Customer shall submit a written complaint to Drifter’s customer service without delay, and at the latest within 60 days from when the relevant Service started to be provided, alternatively from when the Customer became, or should have become, aware of the relevant erroneous charge. The complaint shall clearly specify the nature of the defect or error. The Customer shall provide reasonable assistance to Drifter in connection with any investigation made due to the complaint.
- Complaints regarding erroneous Parking Fees or Charging Fees are handled and decided upon in dialogue with the relevant Park Operator or Partner. If and when such a complaint is approved, Drifter shall without delay compensate the Customer with the relevant amount. If the complaint is rejected, Drifter shall notify the Customer of the outcome of the handling of the complaint and motivate the decision. Complaints related to a CameraPark System will be referred to the relevant Park Operator.
- Term, early termination, etc.
- The Agreement is valid from the confirmation of registration by Drifter (see section 1.4) until it is terminated in accordance with the terms of the Agreement, or as otherwise agreed in writing.
- If the Customer has selected a Drifter Service without fixed monthly fee, the Customer may terminate the Agreement with immediate effect. If the Customer has selected a Drifter Service with a fixed monthly fee (in full or in part), the Customer may terminate the Agreement as per the end of the next calendar month following the notice of termination.
- Drifter has the right to immediately suspend the Customer’s access to the Services, cancel the Customer’s user account and/or terminate the Agreement with immediate effect if
- the Customer is in material breach of any of its undertakings under the Agreement;
- the Customer does not fulfill, or there is a reasonable reason to assume that the Customer will not fulfill, its payment obligations in relation to Drifter, or does not have a valid payment card or any other payment method registered through Drifter;
- the Customer, according to Drifter’s reasonable assessment, could be expected to
- the Customer uses the Drifter System or any Service in violation of the Agreement, or in a way which may be detrimental or cause damage to Drifter or any third party;
- the Customer has repeatedly parked its vehicle in violation of applicable laws, regulations, and/or rules established by any relevant Park Operator;
- the Customer has provided incorrect, incomplete or misleading information, or
- Drifter, based on an overall assessment, considers it likely that the Customer may be involved in, or linked to, criminal activity.
- If the Customer has selected a Drifter Service, for which the Customer pays in full or in part a fixed monthly fee, it is the Customer’s responsibility to terminate the Agreement if its registered vehicle has been sold, is temporarily deregistered, or otherwise will not be used. Drifter has no responsibility to verify that a vehicle having been registered by the Customer has not been temporarily deregistered.
- Termination of the Agreement shall be made in writing.
- Termination of the Agreement (for whatever reason) shall not affect any rights and/or obligations incurred by a Party prior to the date the Agreement is terminated.
- Right of withdrawal
- In accordance with the Distance and Off-Premises Contracts Act (SFS 2005:59) (Sw. lag om distansavtal och avtal utanför affärslokaler), the Customer has a right to withdraw from the Agreement without any reason within 14 days from the day the Agreement was entered into (i.e., from the approved registration, see Section 1.5).
- The right of withdrawal is exercised through the Customer notifying Drifter’s customer service of the Customer’s decision to withdraw from the Agreement. For this purpose, the Customer may use Drifter’s standard withdrawal form, which is appended to these General Terms and Conditions.
- If the Customer has requested to start using the Services during the withdrawal period, the Customer is liable to pay an amount that is in proportion to the Customer’s use of the Services, prior to the point in time when the Customer notified Drifter’s customer service of the Customer’s decision to withdraw from the Agreement, compared with the total extent of the Agreement.
- If the Customer exercises its withdrawal right in relation to Drifter, the Customer’s liability to pay any claim that Drifter has acquired pursuant to Section 7 is not affected.
- Force Majeure
Drifter shall not be responsible or liable for failure or delay in carrying out the terms of this Agreement resulting from any cause or circumstance beyond Drifter’s reasonable control, including, but not limited to, fire, flood or other natural disasters, acts of war, terrorist actions, labour conflicts, failure, disruption or delay in telephone, Internet or other communication network, restrictions in the general traffic, accident, explosion, disturbances, legislation or measures taken by governmental authority.
Neither Party shall disclose confidential information regarding the other Party without the other Party’s consent. However, the Customer acknowledges and consents to Drifter sharing information regarding the Services and their usage to Park Operators, Charge Operators or Partners in order to discharge its duties in relation to them. Furthermore, the Customer acknowledges and consents to Drifter reporting any misuse of the Services, illegal activities, fraudulent or inappropriate behaviour and/or suspicions thereof to the police or any other competent authority.
- Processing of personal data, etc.
Personal data is processed and handled in accordance with applicable legislation for the
- Amendments, assignments, etc.
- Drifter reserves the right to amend these General Terms and Conditions. In such a case, Drifter shall promptly inform the Customer and make the new version of the General Terms and Conditions available to the Customer. Should the Customer thereafter continue to use the Services, the Customer shall be deemed to have accepted the amendments.
- The General Terms and Conditions applicable from time to time are available on the Website.
- Drifter has the right to assign, in full or in part, its rights and/or obligations under the Agreement without the Customer’s consent. Furthermore, Drifter has the right to employ sub-contractors to discharge its duties under the Agreement.
- The Customer may not assign its rights and/or obligation under the Agreement, without
Drifter’s written consent.
- The Agreement constitutes the entire agreement between the Parties regarding the issues, to which the Agreement relates.
- The Parties agree that, should any provision of the Agreement be held invalid or unenforceable, such provision and the other terms and conditions of the Agreement shall apply to the extent allowed.
- These General Terms and Conditions (as well as any other terms and conditions which form part of the Agreement) are available in several languages, out of which the Swedish language version constitutes the original language version. The Parties acknowledge that in case of any discrepancies between this language version and the Swedish language version of the General Terms and Conditions, the Swedish version shall prevail.
- Applicable law and disputes
- The Agreement shall be governed by and construed in accordance with Swedish substantive law.
- Any dispute, controversy or claim arising out of or in connection with the Agreement, or the breach, termination or invalidity thereof, shall primarily be solved by voluntary agreement between the Parties. If the Parties are not able to reach an agreement, the dispute may, at the Customer’s request, be considered by the National Board for Consumer Disputes (Sw. Allmänna reklamationsnämnden, ARN). A dispute may also be settled by Swedish courts, with the District Court of Stockholm (Sw. Stockholms tingsrätt) as the court of first instance.
ARN’s web page:
P.O. Box 174
SE-101 23 Stockholm Sweden
- The Customer may use the European Commission’s online platform to send a complaint to ARN.
- This section 20.3 shall survive the termination of the Agreement.
- Customer service
Drifter’s customer service answers questions regarding the Agreement and the Services provided by Drifter during office hours during business days in Sweden.
Telephone number: +010-205 11 20
Email address: email@example.com