General Terms and Conditions for Volkswagen Commercial Vehicles e-Charge

1. Volkswagen Commercial Vehicles e-Charge

1.1 Under these general terms and conditions (“GTC”) Digital Charging Solutions GmbH, Brunnenstraße 19-21, 10119 Berlin, Germany (“DCS”) provides the customer with information services and access technology to charging infrastructure for Volkswagen Commercial vehicles under the designation “Volkswagen Commercial Vehicles e-Charge” (“Volkswagen Commercial Vehicles e-Charge”). As a prerequisite for the use of Volkswagen Commercial Vehicles e-Charge it is necessary to have a  Volkswagen ID. The use of the term “customer” in these GTC refers to persons of all genders.

1.2 The latest version of these GTC and the latest information on the available tariffs can be found at, downloaded and printed from the website  www.volkswagen-e-charge.com. Changes to these general terms and conditions of business, an e-Charge contract concluded on that basis as well as any changes in the tariff agreed with the customer due to changes in the law, changes in case law or market conditions will be notified to the customer via the email address provided by the customer in accordance with section 2.2 in text form with explicit reference to the relevant changes. These changes will become effective if the customer does not object to them within a period of one month after receiving notification. DCS will notify the customer of these legal consequences at the start of this period. The proceeding set out above also applies to changes of the tariff agreed on with the customer.

1.3 DCS works together with operators of charging stations (each a ”Volkswagen Commercial Vehicles e-Charge Partner”). The charging stations of the Volkswagen Commercial Vehicles e-Charge Partners are displayed at  www.volkswagen-e-charge.com, in the Volkswagen Commercial Vehicles e-Charge app as well as via further channels (in the following “Frontends”) and are highlighted to differentiate them from other charging stations that are not part of the available network of charging stations. Partly, this information can only be accessed by logging in to members areas.

1.4 The Volkswagen Commercial Vehicles e-Charge service comprises

a) the displaying of Volkswagen Commercial Vehicles e-Charge Partner charging stations (in the form of static information) and certain information concerning the use of these Volkswagen Commercial Vehicles e-Charge Partner charging stations (such as availability and prices in the form of dynamic information) in the front ends.

b) charging at Volkswagen Commercial Vehicles e-Charge Partner charging stations after authentication (see section 6.1) together with monthly invoicing including a detailed overview of all charging processes.

1.5 Details on Volkswagen Commercial Vehicles e-Charge and the use of the service is described at  www.volkswagen-e-charge.com.

1.6 Currently, Germany does not guarantee nationwide coverage with charging and billing solutions conforming to calibration law by charging station operators. In our service, we use data provided by charging station operators. In some cases this may lead to deviations in charging and billing amounts, among other things. Please get in touch if you have any questions.

2. Contract conclusion and ordering

2.1 The customer can order Volkswagen Commercial Vehicles e-Charge at  www.volkswagen-e-charge.com. The version of the GTC that the customer has expressly accepted when ordering Volkswagen Commercial Vehicles e-Charge (as such version may be amended from time to time pursuant to section 1.2 above) applies. For users of Volkswagen Commercial vehicles there will be further registration possibilities in the future (e.g. via the Volkswagen Commercial Vehicles e-Charge app).

2.2 Customers having a Volkswagen ID can register for the Volkswagen Commercial Vehicles e-Charge service at  www.volkswagen-e-charge.com by submitting their address and payment details. This data can be corrected or updated at a later date in the customer account area or through customer service. Customers who have not yet a Volkswagen ID must set-up such account before registering for the Volkswagen Commercial Vehicles e-Charge service.

2.3 All information submitted in the customer account area, such as payment information, address details and email addresses, is automatically protected by means of modern encryption methods, e.g. the SSL protocol (Secure Sockets Layer).

2.4 Payment must be done by credit card or any further payment methods offered to the Volkswagen Commercial Vehicles e-Charge customer during the registration process. Subject to sufficient credit-worthiness, business clients also have the opportunity to pay by bank transfer on the basis of issued invoices. To do so, the business client must apply for the invoice payment and send a copy of a commercial register excerpt or similar official credentials to DCS. The request for the invoice payment can be made during the registration process or by contacting the customer service.

2.5 Offer and conclusion of a Volkswagen Commercial Vehicles e-Charge contract

a) DCS submits a binding offer for the provisions of the Volkswagen Commercial Vehicles e-Charge. Once the customer who has a Volkswagen ID has registered for the Volkswagen Commercial Vehicles e-Charge customer account and expressly accepted the GTC, the Volkswagen Commercial Vehicles e-Charge service can be ordered. The order process is also described at  www.volkswagen-e-charge.com.

b) The customer may correct any input errors by clicking “back” during the registration process and correcting the input. Before confirming his order, the customer is notably provided with information on the prices applicable to the Volkswagen Commercial Vehicles e-Charge service.

c) After completing the order process, the customer receives an order confirmation by email together with information on the respective tariff, the GTC as accepted by the customer and the information on his or her right of withdrawal (see section 2.7).

d) The Volkswagen Commercial Vehicles e-Charge contract is concluded upon completion of the order process.

e) The content of the Volkswagen Commercial Vehicles e-Charge contract is stored by DCS and can be retrieved or saved by the customer on  www.volkswagen-e-charge.com in the Volkswagen Commercial Vehicles e-Charge customer account area.

2.6 Languages

The Volkswagen Commercial Vehicles e-Charge contract is concluded in the English language. Translations of these GTC in other languages are for informational purposes only and are not legally binding.

2.7 Right to withdraw from the contract

The customer has the right to withdraw from the Volkswagen Commercial Vehicles e-Charge contract within a period of fourteen days if he or she is a consumer.

The customer is hereby informed of his or her right of withdrawal as follows:

Right of withdrawal

You have the right to withdraw from this contract without giving any reasons within a period of 14 days. The withdrawal period shall expire after 14 days from the day of the conclusion of the contract.

In order to exercise your right of withdrawal, you shall inform us (Digital Charging Solutions GmbH, Brunnenstraße 19-21, 10119 Berlin, Germany, Phone: +44 (0) 20 3823 6358, E-Mail:  uk@volkswagen-e-charge.com) of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter, fax or email). You may use the attached model withdrawal form (Exhibit 1); however, this is not a requirement. You shall have exercised your right of withdrawal within the withdrawal period if the communication concerning the exercise of the right of withdrawal is sent by you before that period has expired.

Effects and consequences of withdrawal

If you withdraw from this contract, we must return to you all payments we have received from you, including delivery costs (save for supplementary costs, if you have expressly opted for a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed of your decision to withdraw from the contract.

We will carry out the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; under no circumstances we will charge you any fees as a result of such reimbursement.

If you had requested that the services begin during the withdrawal period, you shall pay to us an amount which is in proportion to what has been provided until the time you have informed us of the exercise of the right of withdrawal, in comparison with the full coverage of the contract.

(End of information on the right of withdrawal)

3. Volkswagen Commercial Vehicles e-Charge card: Activation and deactivation of the Volkswagen Commercial Vehicles e-Charge card

3.1 In order to use the Volkswagen Commercial Vehicles e-Charge service most of the charging stations require an activated Volkswagen Commercial Vehicles e-Charge card. If the customer does already have a Volkswagen Commercial Vehicles e-Charge card, he can activate such card during the registration process. If not, DCS will send a Volkswagen Commercial Vehicles e-Charge card for activation to the customer via mail. Volkswagen Commercial Vehicles e-Charge cards are activated in the Volkswagen Commercial Vehicles e-Charge customer account by entering the card number and confirming the details. The customer then receives a confirmation email. Activation of the Volkswagen Commercial Vehicles e-Charge card can take up to 24 hours.

3.2 At some charging stations an authentication is only possible with the Volkswagen Commercial Vehicles e-Charge app, which is available in the Apple Inc. App Store or in the Google Play Store and contains a QR code reader. For the authentication it is required to login using the Volkswagen ID login-data.

3.3 DCS remains the owner of the Volkswagen Commercial Vehicles e-Charge card. The customer must carefully store his or her Volkswagen Commercial Vehicles e-Charge card and login information. The customer must notify DCS immediately of any loss or theft of the Volkswagen Commercial Vehicles e-Charge card or the login information (see contact information under section 10). In addition, the customer may also contact the Volkswagen Commercial Vehicles e-Charge Customer Service to deactivate the Volkswagen Commercial Vehicles e-Charge card. The issuance of a replacement card may result in additional costs to the customer (see applicable prices at  www.volkswagen-e-charge.com).

4. Contractual term and validity

4.1 The Volkswagen Commercial Vehicles e-Charge contract has a fixed term of 12 months and may be terminated by both parties with a notice period of two weeks to the end of the respective contract period. If the contract is not terminated on time, the contract period is extended by a further 12 months period. The termination notice can be given in the customer account area, by written notice or by e-mail; this does not affect the right to terminate the contract immediately for good reason.

4.2 Once the contract is terminated the Volkswagen Commercial Vehicles e-Charge card is no longer valid and will be blocked by DCS.

5. Use and availability of Volkswagen Commercial Vehicles e-Charge

5.1 The customer can obtain more information on the Volkswagen Commercial Vehicles e-Charge and technical details on use and availability at www.volkswagen-e-charge.com. DCS provides the services in the country of residence of the customer as well as in further countries in accordance with section 9 below.

5.2 In order to use Volkswagen Commercial Vehicles e-Charge service in the best possible way, the presence of the Volkswagen Commercial Vehicles e-Charge appon a suitable mobile device or access to  www.volkswagen-e-charge.com is required.

5.3 DCS strives to expand access to and use of public charging infrastructure through Volkswagen Commercial Vehicles e-Charge and to expand the group of Volkswagen Commercial Vehicles e-Charge Partners. DCS does not, however, make any representation or warranty with respect to the availability (proper functioning, availability of electricity or full charging) of and the customer does not have any right to demand access to particular charging stations and/or charging possibilities. There is, in particular, no entitlement to the retention of the same Volkswagen Commercial Vehicles e-Charge Partner charging infrastructure.

5.4 DCS does not, subject to section 5.5, make any representation or warranty with respect to the actuality and/or correctness of static and/or dynamic information displayed via the Front Ends (see section 1.4 a), including but not limited to, information on charging stations and/or their availability. The customer, in particular, acknowledges that such information is provided by third parties (e.g. Volkswagen Commercial Vehicles e-Charge Partners). Irrespective of that fact DCS does verify the actuality and/or correctness of the information on a sample basis to continuously improve its service. The transmission of this information is also reliant on the reception of the mobile phone masts of the respective network operators and can be impaired by atmospheric conditions, topographical circumstances, vehicle position and obstacles in the vicinity (such as bridges and buildings etc.).

5.5 Depending on the agreed tariff the prices may vary depending on the charging station in use (see section 7.1). In such tariff system, the actual prices for the respective charging station are displayed to the customer in the Volkswagen Commercial Vehicles e-Charge app, provided that the customer is logged in with its login data. Deviating from section 5.4 DCS warrants the correctness of the displayed prices. Customers with such a tariff are obliged to inform themselves on the valid prices prior to starting the charging process.

5.6 Volkswagen Commercial Vehicles e-Charge offered under these GTC may only be used for charging vehicles of the brand Volkswagen Commercial Vehicles.

5.7 Customers may allow family members or their employees to use Volkswagen Commercial Vehicles e-Charge (esp. the Volkswagen Commercial Vehicles e-Charge Card) provided that the customer does not charge such use and that Volkswagen Commercial Vehicles e-Charge is only used to charge the customer’s own vehicle. Prior to such use, the customer has to inform the user on the proper handling of the charging stations. Any other use of the Volkswagen Commercial Vehicles e-Charge by third parties requires the prior consent of DCS. The customer may not use Volkswagen Commercial Vehicles e-Charge for unlawful purposes or allow third parties to do so.

5.8 The customer shall strictly comply with the manuals of the vehicle to be charged and any used equipment or accessory (e.g. charging cable) as well as with any instructions and terms and conditions of the Volkswagen Commercial Vehicles e-Charge Partners displayed at the charging stations concerning the use of that charging stations. The use of charging cables or other equipment or accessory which (i) have not been certified in accordance with applicable laws and regulations (e.g. CE certification), (ii) are not approved for the respective car or by the respective Volkswagen Commercial Vehicles e-Charge Partner according to the instructions displayed at the charging stations or (iii) are damaged is strictly prohibited.

5.9 Charging stations which display an alarm message or problem report or which obviously are damaged must not be used. Instead, the customer is kindly asked to inform DCS (see contact information under section 10).

5.10 The customer shall be liable for any culpably caused damages arising from the misuse or improper use of the Volkswagen Commercial Vehicles e-Charge card respectively of the Volkswagen Commercial Vehicles e-Charge appas authentication device or from the misuse or improper use of the charging process in accordance with applicable law.

6. Charging process and authentication; maximum charging and idle time; disruptions

6.1 In general customers are authenticated at Volkswagen Commercial Vehicles e-Charge Partner charging stations by means of the Volkswagen Commercial Vehicles e-Charge card. At some charging stations, authentication is also possible or may require the use of the Volkswagen Commercial Vehicles e-Charge app. This applies particularly to the charging station with an intercharge-symbol. For each charging station, the available authentication methods are displayed in the Volkswagen Commercial Vehicles e-Charge app or at  www.volkswagen-e-charge.com.

6.2 The maximum period of continuous connection at a single charging station may not exceed 24 hours, or in the case of DC charging (direct current charging) 4 hours, (maximum charging and idle time). In addition, the customer must vacate the public parking space as soon as the charging process is complete or the maximum parking period has expired. Costs that might occur for DCS due to maximum charging or idle time and/or parking periods being exceeded, as well as costs for fines or towing services due to illegal parking, will be invoiced to the customer.

6.3 The customer acknowledges that disruptions to charging stations can arise due to force majeure, including strikes, lockouts and official directives as well as due to technical and other measures that must be carried out on the equipment in order for it to function correctly or in order to improve the service (e.g. maintenance, repairs, software updates to systems). Disruptions can also result from short-term capacity shortages due to peak usage.

6.4 To the extent disruptions and/or anomalies in the supply of electricity result from a disruption of the grid operations (including the link to the grid), DCS shall be released from its respective obligations under the Volkswagen Commercial Vehicles e-Charge service. This shall not apply, however, to the extent DCS interrupts the supply without justification. Upon request, DCS shall without undue delay provide the customer with information related to such damaging event and its causation to the extent DCS has such information or such information can be made available with reasonable efforts.

7. Fee; Pricing

7.1 The fee for the Volkswagen Commercial Vehicles e-Charge depends on the tariff agreed with the customer and in principle is composed as follows:

a) fixed monthly base fee per Volkswagen Commercial Vehicles e-Charge contract (dependant on the agreed tariff), and

b) payments based on actual usage for individual charging processes at Volkswagen Commercial Vehicles e-Charge Partner charging stations.

The current prices for the individual tariffs can be found in the price list on the  website  or on the app under the section "Legal" > "Price list".

The actual prices for a charging process for the respective charging station are displayed to the customer in the Volkswagen Commercial Vehicles e-Charge app, provided that the customer is logged in with its login data. For variable tariffs DCS is entitled to adjust the prices for the actual usage of a charging station with effect for the future. Customers are obliged to inform themselves on the valid prices prior to starting the charging process.

7.2 The monthly base fee will be charged only once the Volkswagen Commercial Vehicles e-Charge contract is concluded or - in case of change to a tariff with monthly base fee - such change of tariff has been activated by DCS and then on a pro-rata basis for the remainder of the first month.

7.3 The payments based on actual usage will be charged for each charging process from its start (i.e. the plug is put into the charging point) until its end (i.e. the plug is pulled from the charging point) based on the currently valid prices in the respective country or at the respective charging station. More information on the prices for roaming can be found on the price list for the respective tariff under  www.volkswagen-e-charge.com. Charging processes will be charged as stated in the price list for the applicable tariff (e.g. on a minute basis for each commenced minute or per kW/h).

7.4 All prices include VAT. The information on the prices applicable in the respective tariff of the customer at the conclusion of the contract is sent to the customer by email (see section 2.5c).

7.5 In case there are prices displayed at any Volkswagen Commercial Vehicles e-Charge Partner charging station, such prices can differ from the prices contractually agreed with the customer; only the prices agreed between customer and DCS apply.

7.6 DCS reserves the right to lower prices for existing and/or new contracts in defined periods of time and for defined charging stations (see section 7.1b) (special offers).

7.7 A change of tariff requires a corresponding agreement between the parties; the customer can apply for a change of tariff via the internet on  www.volkswagen-e-charge.com.

8. Invoicing and payment conditions

8.1 The customer can retrieve its monthly invoices via the Volkswagen Commercial Vehicles e-Charge customer account at  www.volkswagen-e-charge.com, which contains an itemised list of charging processes in the respective invoice period with information on the date, location and duration. The customer will be notified via e-mail if a new invoice is available.

8.2 Costs incurred per calendar month are charged via the payment method chosen during the registration process in the Volkswagen Commercial Vehicles e-Charge customer account on the fourth working day of the following calendar month. Business clients paying on an invoice basis (see section 2.4) must transfer the amount within a period of 14 days after receipt of the invoice to the account stated on the invoice. While DCS strives to invoice the Volkswagen Commercial Vehicles e-Charge service in the following calendar month, there might be delays in individual cases (e.g. because of late invoicing of Volkswagen Commercial Vehicles e-Charge Partners to DCS).

8.3 The customer may only set off against DCS claims if the customer’s counterclaim is undisputed, based on a withdrawal of this contract or if a legally binding title exists. The customer may only withhold payments if this is based on claims resulting from the Volkswagen Commercial Vehicles e-Charge contract.

8.4 If the customer fails to make a payment in accordance with section 8.2, DCS has the right to block the customer from using the Volkswagen Commercial Vehicles e-Charge.

9. International Roaming

On the basis of the Volkswagen Commercial Vehicles e-Charge contract the customer may use the Volkswagen Commercial Vehicles e-Charge card respectively the Volkswagen Commercial Vehicles e-Charge app also in other countries as in the country of residence. The current list of countries is visible at  www.volkswagen-e-charge.com.

10. Contact

For general questions on the Volkswagen Commercial Vehicles e-Charge product, questions on invoices, customer contracts or Volkswagen Commercial Vehicles e-Charge cards as well as for technical problems, particularly during the charging process, the customer may use the contact possibilities as set out under  www.volkswagen-e-charge.com.

11. Warranty

Statutory warranty provisions apply.

12. Disclaimer

12.1 In the event of slight negligence, DCS is only liable if it has violated major contractual obligations (cardinal obligations) such as those which are deemed to be specifically imposed on DCS according to the content and purpose of the Volkswagen Commercial Vehicles e-Charge contract or those whose fulfilment enables the proper execution of the Volkswagen Commercial Vehicles e-Charge contract and compliance in which the customer may regularly trust. Such liability is limited to the typical damage that can be foreseen at the time of concluding the Volkswagen Commercial Vehicles e-Charge contract.

12.2 The personal liability of the legal representatives, agents and employees of DCS for any damage resulting from their slight negligence is also limited to the extent described in the previous paragraph.

12.3 The liability of DCS in the event of malicious non-disclosure of a defect, or resulting from the assumption of a guarantee or according to product liability laws remains unaffected. Liability restrictions do not apply in the event of malicious intent, gross negligence, death, bodily injury or damage to health.

12.4 DCS is not the operator of the charging stations and is not liable as an operator. The customer acknowledges in case of disruption or anomalies in the supply of electricity resulting from a disruption of the grid operations (including the link to the grid) there may be claims against the operator of the distribution network; DCS will upon request assign and transfer claims and rights against the operator of the distribution network relating to a damage of the customer.

13. Information concerning data protection

13.1 DCS takes the protection of the personal data of service users seriously and respects the privacy of the users when processing personal data.

13.2 Further information on data processing, data protection and data security can be found in the data protection notice.

14. Place of jurisdiction, mediation and applicable law

14.1 The Volkswagen Commercial Vehicles e-Charge contract as well as any legal relationship based on these GTC are subject to the laws of Germany; the United Nations Convention on Contracts for the International Sale of Goods does not apply. If the customer is a consumer compulsory consumer protection regulations of the state in which the customer has his place of habitual residence precede over German law if they are more favourable to the customer.

14.2 The exclusive place of jurisdiction for all claims resulting from relationships with business owners or corporations under public law is München. If the customer is a consumer and has his place of residence or habitual residence in the European Economic Area (EEA) or in Switzerland he may also bring a claim in the country of residence. Claims of DCS against a consumer can only be brought in the country of residence of the consumer.

14.3 The European Commission provides for an online dispute resolution platform which you can access here  http://ec.europa.eu/consumers/odr/. If you would like to bring a matter to our attention please contact us.

14.4 DCS will not participate at dispute settlement proceedings in front of a consumer arbitration board and is not obliged to do so.

Last revision: February 2020


 

Exhibit 1: Model withdrawal form

Model withdrawal form

(If you wish to withdraw the contract, please fill in this form and send it back to us.)

To:

Digital Charging Solutions GmbH

Brunnenstraße 19-21, 

10119 Berlin ,Germany

Phone: +44 (0) 20 3823 6358

E-Mail:  uk@volkswagen-e-charge.com

 

I/We hereby withdraw from the contract concluded by me/us with respect to the following Volkswagen Commercial Vehicles e-Charge service:

 


Volkswagen Commercial Vehicles e-Charge Contract Number


Ordered on


Name of consumer(s)(s)


Address of consumer(s)


Date


Signature of consumer(s) (only if this form is notified on paper)