Terms and Conditions
1 Definitions
1.1 In these Terms of Use, the following terms, whether used in the singular or plural, have the following meanings:
Account: the account created by the Driver with which it gains access to the Travolta App;
Login details: the e-mail address and password used to access the Account within the Travolta App;
App store:the app store available on the compatible mobile terminal of Driver using iOS or Android from which the App can be downloaded;
Driver: the consumer, lease driver or direct customer who uses the Travolta App;
Payment service: a provider of a payment service that makes it possible to make an In-App Purchase.
Content: all the information provided by Travolta and/or the Location Holder in the Travolta App-posted material, including but not limited to information, photos and hyperlinks;
Conditions: these terms and conditions, which apply from the moment the Driver Travolta App on a compatible mobile terminal;
IP rights: all intellectual property rights and related rights, such as copyrights, trademark rights, patent rights, design rights, trade name rights, database rights and related rights, as well as rights to know-how;
In-App Purchase: purchase of a Charging Session from Location Holder in the Travolta App;
Charging point: a facility at the Location Holder that can be used to charge the battery of an electric vehicle;
Charging session: a session in which the Driver can charge his electric vehicle at a Charge Point of a Location Holder which is initiated from the Travolta App;
Location holder: the legal entity that has electric charging infrastructure on its premises and that sets a price proposition in the Travolta -Portal and communicates to the Driver via the Travolta App;
MTc: Multi Tank Card B.V., a private limited liability company, having its registered office at (2132 JE) Hoofddorp, municipality of Haarlemmermeer, at Antareslaan 39, registered in the Trade Register of the Chamber of Commerce under number 34069864;
Agreement: the in-between Travolta agreement concluded by the Driver on the use of the Travolta App consisting of the Terms of Use, the Privacy Statement and the SLA;
Privacy statement: the document setting out how Travolta processing of personal data relating to the Travolta App can be consulted and downloaded;
Travolta App: the application that has been developed on behalf of MTc and is made available by it to the Driver;
Travolta Portal: the portal where the Location Holder can enter propositions and make them available to a Driver via the Travolta App.
2 General
2.1 These Terms of Use apply at the time Driver downloads the travolta App from an App Store. By using the travolta App, Driver agrees to these Terms of Use.
2.2 Travolta may amend or supplement these Terms of Use. The most up-to-date version of the Terms of Use can be found in the travolta App. If the Terms of Use change, Driver will receive a notification and travolta will ask Driver to accept the amended terms and conditions. If Driver does not agree to the amended or supplemented Terms of Use, Driver will be logged out of the travolta App and can no longer be used.
2.3 If travolta changes the Terms of Use in such a way that there is a major change such as a completely changed service provision by travolta, Driver has the right to dissolve the Agreement.
2.4 If and to the extent that any provision of these Terms of Use is, in whole or in part, invalid, void or unenforceable, it appears or becomes, such invalidity, nullity or unenforceability shall not affect the remaining provisions and these Terms of Use shall otherwise remain in full force and effect.
2.5 Charging sessions are provided by Location Holders and not by travolta. Travolta is not responsible for the Charge Point used by Driver at the Location Holder. Travolta is not responsible for the malfunctioning of a Charge Point or if, for example, the Charge Point has caused damage to the Driver's vehicle. In that case, the Driver must contact the relevant Location Holder.
3 Travolta App
3.1 On behalf of Travolta, software has been developed that allows Location Holders to make a dynamic price offer when the Driver uses the electric charging infrastructure on the Location Holder's premises. The Location Holder communicates this offer to the Driver via the travolta App.
3.2 Travolta makes the App available with the utmost care for the benefit of Driver. This is an obligation to use best efforts, travolta cannot guarantee that the travolta App will be available to Driver at all times. The use of the travolta App is always at the Driver's own risk and responsibility. Travolta does not warrant:
- That the travolta App is accessible at all times and without interruptions, defects or malfunctions;
- That the information provided through the travolta App is accurate, up-to-date and complete.
3.3 Travolta is entitled to modify the travolta App (for example in the event of updates or when (legal) changes give cause to do so), to discontinue or to terminate it. Travolta will notify the Driver in the event of discontinuation or termination of the travolta App.Travolta is not liable to pay any compensation in the event of modification, discontinuation or termination of the travolta App.
3.4 To make the travolta App available, travolta uses third-party services such as Location Holders for Charging Sessions and Payment Services for the financial settlement of Driver's transactions.
4 Using the Travolta App
4.1 The Travolta App is distributed by travolta through an App store where the Driver can download the travolta App. In order to use the travolta App, the driver must download it from the App store available for his device. Driver acknowledges and agrees that the relevant terms and conditions of use and general terms and conditions of the App Store Operator apply. Travolta is not a party to the contractual relationship between Driver and operator of the App Store.
4.2 The use of an App Store is entirely at the risk and responsibility of the Driver. Travolta is not a party to the agreement that the Driver enters into with the relevant App Store for the use thereof.
4.3 In order to use the Travolta App, Driver must create an Account. During the registration process, you will be asked to provide your first and last name, an email address and password for the purpose of creating the Account. Driver is solely responsible for providing a secure password and keeping Login Credentials secure.
4.4 The Login Details are strictly personal, Driver may not share them with third parties to provide access to the travolta App. Travolta may reasonably assume that all activities that occur within the travolta App are the result of actions of Driver. All use of the travolta App and the actions resulting therefrom with the Driver Login Information are at the risk and responsibility of Driver.
4.5 As soon as Driver knows or has reason to suspect that Login Data has fallen into the hands of unauthorized persons, Driver shall notify Travolta, without prejudice to Driver's own obligation to take immediate effective action.
4.6 Travolta may decide to block, deactivate or delete the Driver's Account if these Terms of Use are not complied with and/or have not been complied with in the past or because it has a (different) legitimate reason to do so, without being obliged to pay any compensation for damages. In such cases, Travolta may temporarily or permanently deny access to the Travolta App, depending on the nature, severity and duration of the violation.
5 Cost
5.1 The Travolta App can be downloaded free of charge from an App store. The Driver can consult the rates of the propositions issued by the Location Holder in the Travolta App.
6 In-app purchases
6.1 The Travolta App makes it possible to initiate a purchase into a one-time Charging Session. Driver initiates a Charging Session by scanning the QR code at the Charge Point. In the event of an In-App Purchase, the Driver will be redirected to a payment environment of the Payment Service. After Driver completes the In-App Purchase, the Charging Session will start.
7 Privacy
7.1 Travolta processes personal data of the Driver when it uses the Travolta App. The use of the Travolta App is subject to travolta's privacy statement . The privacy statement can be consulted via the Travolta App.
8 Intellectual property rights
8.1 The IP rights with regard to the travolta App, as well as the Content made accessible via the travolta App, are vested in Travolta, Location Holder and/or its licensor(s). Nothing in these Terms of Use is intended to transfer any IP right to Driver or waive any IP rights.
8.2 Travolta grants Driver a personal non-exclusive, non-transferable and non-sublicensable right of use to install and/or use the travolta App on Driver's device. Driver is expressly prohibited from providing access to the Account to third parties.
8.3 Driver is expressly prohibited from accessing, copying, modifying, reverse engineering, disclosing or using the Travolta App for any purpose other than the purposes stated in the Terms of Use, unless travolta has given permission for this or mandatory Dutch law allows such use.
8.4 Travolta reserves the right to revoke the License immediately if the Driver violates these Terms of Use, misuses the travolta App or if Travolta decides to no longer offer the Travolta App.
8.5 Except to the extent permitted by mandatory law, Driver may not modify, reproduce or decompile the Travolta App, including the Travolta App, or reverse engineer the Travolta App. In addition, it is not permitted to remove or circumvent any security measures or technical restrictions (on the use) of the Travolta App.
9 Term and Termination
9.1 These Terms of Use apply at the time Driver has downloaded the Travolta App and will continue to apply for as long as Driver continues to use the Travolta App.
9.2 Driver may terminate the Agreement at any time by deleting the Account (or having it deleted).
9.3 Travolta has the right to terminate the Agreement immediately if Driver violates the Terms of Use, misuses the travolta App or if Travolta decides to no longer offer the Travolta App.
10 Warranties, Indemnities and Liability
10.1 The Travolta App is offered ''as is''. The use of this is at the Driver's own expense and risk. Travolta expressly excludes any express or implied warranties, undertakings and indemnities of any kind, including with respect to the quality, safety, integrity and accuracy of the travolta App.
10.2 The Driver acknowledges and accepts that (technical) imperfections may occur and that (maintenance) work may take place, as a result of which the Travolta App is (temporarily) unavailable. MTc shall not be liable for any damages suffered by Driver as a result thereof.
10.3 Travolta performs regular maintenance on the Travolta App. This includes releasing updates. These updates include, but are not limited to, normal maintenance of the software, bug fixes, and fixes. These updates may also include significant changes, including, but not limited to, security updates. It is Driver's responsibility to keep the Travolta App on the device up to date.
10.4 Travolta is not liable for:
- loss, damage, inaccuracy and/or incompleteness of data (including Content);
- errors in data transmission, failure or unavailability of computer, smartphone, tablet, data or telecommunications facilities, including the Internet;
- the availability and functioning of a Location Holder's Charge Point.
10.5 Travolta shall not be liable for any damage suffered by the Driver as a result of careless use of the Travolta App or of a Charge Point. In this context, the Driver indemnifies Travolta against any third-party claims.
11 Governing Law and Disputes
11.1 These Terms of Use are governed by Dutch law.
11.2 All disputes that may arise as a result of or as a result of an agreement between travolta and Driver will be submitted to the competent court in Noord-Holland, location Haarlem.