GTC

Bestcharge terms and conditions of sale and use

Version valid from 01.10.2023

Publisher: PC-Tank s.à.r.l.

Address: 2, rue Jean Fischbach L-3372 Leudelange (Luxembourg)

These general terms and conditions of sale and use establish the terms and conditions under which PC-Tank s.à.r.l. makes its services available to users. Any use of the services offered by PC-Tank s.à.r.l. is subject to compliance with these conditions.

Preamble

PC-Tank s.à.r.l. (hereinafter referred to as "Bestcharge") enables electricity to be drawn from charging stations, to power electric vehicles.

A recharging station (or recharging point) is an installation designed for recharging electric vehicles, where only the electric vehicle can be recharged.

The parking space required for recharging is provided by the owner or former operator of the parking lot on its own terms. Information on this subject is provided by the owner or operator concerned.

Direct charging (direct payment) at the charging station allows charging without registration or permanent obligation, in accordance with the charging regulations currently in force in Luxembourg. Charging via the Bestcharge app or RFID recharging card is only valid for contract customers.

1. Scope of application

1.1. The following provisions govern the general terms and conditions of sale and use under which the user is authorized to use Bestcharge charging points for the purpose of drawing electricity.

1.2 Each use of a recharge point via direct charging gives rise to a single contract of use between the user and Bestcharge. The provisions of these general terms and conditions of sale and use shall be the subject of the single user agreement as per article 5.

1.3. The user declares that he/she has read these general terms and conditions of use and accepts them expressly and without reservation, as they are in force on the day on which he/she subscribes to and uses the services offered by Bestcharge.

1.4. Bestcharge reserves the right to supplement, amend or change these general terms and conditions of sale and use at any time, in whole or in part. It is therefore the User's responsibility to keep up to date with the current version of the general terms and conditions of sale and use, which can be accessed at any time in the Bestcharge application. Any use of the services after a modification of the general terms and conditions of sale and use will be considered as full acceptance of the new conditions by the user.

2. Right to use recharging points

2.1. Any user who provides his or her credit card details and accepts the provisions of the General Terms and Conditions of Sale and Use is entitled to use Bestcharge's public and certain private charging points in accordance with these General Terms and Conditions.

2.2. The user has no right to the continued operation of all recharge points, to the maintenance of a specific number of recharge points, to free recharge points, to the availability of the maximum power (kW) at a recharge point or to the permanent use of recharge points.

2.3. The User expressly acknowledges and accepts that he/she is partially recharging at third-party recharging points when using the Bestcharge application and recharging at the various recharging points provided by Bestcharge. As various third-party data is transmitted to Bestcharge, Bestcharge cannot be held responsible for the accuracy of such data. This data includes, among other things, the availability of charging points, indicated and actual power, individual restrictions such as parking fees or opening hours, etc. In case of doubt, the user must check the completeness and accuracy of this information on site and prior to the charging process, at his or her own risk.

3. Service accessibility

3.1. Bestcharge endeavours to provide access to its application 24 hours a day, but may interrupt access in particular for maintenance work, updates and other technical reasons. In no event shall Bestcharge be liable for such interruptions or any consequences thereof for the User.

Bestcharge reserves the right to block access to all or parts of the Bestcharge application unilaterally and without prior notice, in particular in the event of a clear breach of these general terms and conditions of sale and use.

The user acknowledges that Bestcharge shall not be liable for any direct or indirect damages resulting from the blocking of access to Bestcharge services.

3.2. The use of Bestcharge services requires the User to have completed the registration procedure, during which he/she must provide his/her personal data. The User accepts that the information provided, in particular personal data, is correct, complete and up-to-date and that he/she has made all necessary changes to ensure this.

As part of this procedure, the user declares that he/she has read and expressly accepts these general terms and conditions of sale and use. Any acceptance sent by the user is considered as a signature equivalent to a written signature. Clicking on the "Accept" button constitutes irrevocable consent by the user.

3.3. Activation of the payment service is reserved for users who have previously created a personal user account. The opening of the user account and its activation for the benefit of the user are carried out by Bestcharge on the basis of the information provided by the user at the time of registration. Bestcharge reserves the right to carry out a preliminary check when creating a user account (and possibly when ordering a Bestcharge RFID recharge card) and to refuse a subscription to Bestcharge services for a legitimate reason, such as :

• Termination of a previous contract for fraud or non-payment ;

• Provision of an unknown, non-permanent or fictitious sender address;
• Suspicion of intentionally inaccurate or incomplete information ;
• No pre-approval when ordering the Bestcharge card.

In this case, the registration and/or order will be cancelled.

Where applicable, the user shall bear all judicial and extrajudicial costs incurred by Bestcharge in connection with legal proceedings, including reasonable attorney's fees.

4. Use of parking space linked to the recharging point

4.1. Authorization to use designated parking spaces for electric vehicles during the charging process is always valid for the maximum parking time indicated at the parking space, which may vary depending on the location. The opening hours of parking lots or underground parking lots have no effect on these regulations and must be taken into account separately.

4.2 In the event of a breach of paragraph 4.1, Bestcharge is entitled to have the vehicle removed at the customer's expense or to have it removed by third parties. This applies to all sites where Bestcharge owns the land. The costs will be charged to the customer according to the time spent. Bestcharge's right to assert further claims for damages remains unaffected.

5. Direct loading

5.1. For direct charging, the customer first scans the QR code located on the charging point. They will be redirected to the website associated with the charging point ID. Alternatively, the customer can enter the short URL on the QR sticker, starting with LU*PCT*E.

5.2. Before the charging process begins, the charging information valid for the charging point in question is displayed on the website. This information is decisive for the charging process and forms the basis for billing the charging process.

5.3. To start the charging process, the customer must provide his credit card details and, optionally, his e-mail address (for sending the invoice) on the website. An individual contract is established between Bestcharge and the customer for each charging process by confirming the chargeable charging process via the "Charge now chargeable" button.

5.4. Billing for the charging process is carried out via the credit card indicated. At the start of the charging process, a pre-programmed amount is reserved on the customer's credit card for the duration of the charging process. At the end of the charging process, the actual invoice amount is debited. Optionally, at the end of the charging process, the customer receives an invoice in PDF format by e-mail to the e-mail address provided during the authentication process.

6. Careful use of charging points

6.1. Before starting to use the charge point, the customer must ensure that the electrotechnical installations at the charge point and the charging cable are used correctly.

6.2. Any visible damage to the charging point, to the charging cable, which may be permanently connected to the charging point, as well as any special damage to the charging point, must be reported immediately to Bestcharge via the hotline on 26 37 27 -1. Charging must not be initiated if there is visible damage to the charging point, charging cable or other charging point installations. Charging that has already begun must be stopped immediately. The same applies to visible foreign bodies on the charging point, particularly at the plug or socket.

6.3. The customer is responsible for the condition of the electrical installation of his electric vehicle, including the charging cable, unless the latter is a fixed part of the charging point. This also includes creating a correct and solid connection between the charging cable and the charging point.

6.4. If the customer necessitates the intervention of a breakdown service and/or the repair of a charging point due to incorrect or inappropriate use, he must reimburse the costs incurred on the basis of the actual expenditure. Other claims for damages remain unaffected.

7. Interruption of use

7.1. For necessary work, including maintenance, inspection, repair, modernization or other operational reasons, the use of a charging point may be refused to the customer at any time or it may be blocked. If necessary, the charging process may be interrupted and power reduced or limited.

7.2. Bestcharge has the right to interrupt the use of a charging point, in particular a charging process, without prior notice. By accepting the provisions of these general terms and conditions of use, the user agrees to interruption where this is necessary to avoid immediate danger to the safety of persons or property of significant value.

8. Liability

8.1. In the event of intentional or grossly negligent damage, personal injury and in other cases of compulsory legal liability, e.g. according to the Product Liability Act, Bestcharge is liable in accordance with the statutory provisions.

8.2. In the case of damage caused by simple negligence, Bestcharge is only liable for the culpable breach of essential contractual obligations, i.e. obligations whose observance enables the proper performance of the contract and on which the customer must regularly be able to rely (so-called cardinal obligations).

9. Force majeure and network disruption

9.1. The performance obligation towards the customer is suspended insofar as and for as long as Bestcharge is prevented from performing the contract due to force majeure or other circumstances which it cannot eliminate or which are economically unreasonable.

9.2 In the event of interruptions or irregularities in the supply of electricity, Bestcharge is exempt from any obligation to ensure the possibility of recharging if this results from the consequences of a disturbance in the grid, including the grid connection to the charging station.

9.3. Force majeure is any situation that Bestcharge or the customer cannot avoid, even with the utmost care. This includes, in particular, war, terrorism, riots, natural disasters and floods.

10. Data protection

10.1. The data required to manage the use of chargepoints, including these general terms and conditions of use, are processed in accordance with the provisions of the RGPD.

10.2. For further information on the management of your personal data, please consult https://www.petro-center.lu.

11. Online dispute resolution

Consumers can obtain free assistance in submitting a consumer complaint concerning an online purchase contract or an online service contract via a European Union online dispute resolution platform (OS platform), as well as information on procedures with consumer conciliation authorities in the European Union. The OS platform can be accessed at the following address: http://ec.europa.eu/consumers/odr/ Do you have any questions about online dispute resolution? Our e-mail address is : bestcharge@petro-center.lu

12. Ordering RFID reload cards and delivery charges

12.1. When ordering an RFID reload card via the Bestcharge application or by other means, a one-off fee of €10 will be charged to the customer. This fee is solely to cover the costs associated with the creation and delivery of the above-mentioned RFID reload card. The RFID reload card will be delivered by domestic standard letter post. In some cases, the customer may be charged additional costs for international delivery.

12.2. The User undertakes to use the RFID recharge card only in connection with the Bestcharge payment service. Each RFID reload card remains the property of Bestcharge, which makes it available to the User solely within the framework of its services; the User must return it at the end of the contract or ensure its destruction.

12.3. The User assumes full responsibility for the recharge services allocated to him (application and/or RFID recharge card) and must protect them carefully. The user undertakes to keep his password (application) confidential in order to protect his user account and the data stored therein. He also undertakes to ensure, as far as possible, that all the devices he uses, in particular his computer and smartphone, as well as the connections he uses, are sufficiently secure. He/she must take all necessary measures to keep his/her RFID reload card secure, and must bear the consequences of its use and any payments arising from it, until such time as he/she has issued a dispute.

12.4 In the event of loss, theft, fraud or unauthorized use of Bestcharge services or associated data, the User may block all access to the Bestcharge recharge service. This must be done by sending a written request by e-mail to contact@bestcharge.lu. The objection will be effective immediately upon receipt of the objection request by Bestcharge. The User is obliged to pay for all top-ups made using the payment service as long as no objection has been made. The burden of proof for unauthorized use of the payment service by the User does not rest with Bestcharge.

13. Use of Bestcharge payment services and pricing

13.1. The Bestcharge recharge card and the application are payment instruments that allow the user :

• use the recharging service at compatible recharging stations in partner networks;
• identify themselves at a compatible recharging station to give their consent to start a recharge and commit to paying for the service;
• to pay for its refill.

The user is obliged to use the payment service appropriately. He/she also undertakes to use the compatible charging stations with care and in accordance with the safety instructions, and to refrain from any unauthorized use.

13.2. Charging rates are not definitively assigned to any customer or site in the field of electric mobility. The tariffs at which recharging can be carried out at the respective chargepoints may be adjusted at any time in line with changes in electricity prices, roaming tariffs or other additional charges. A single charging contract is concluded for each recharge. The consumer undertakes to find out about the prices applied on site before each recharge, to check whether he/she is financially able to pay for the planned recharge process, and to accept these conditions at the start of the recharge process. There are specific prices for each Bestcharge-compatible charging station, which can be consulted in the Bestcharge application. Any complaints regarding non-compliance with the respective prices at the charging points will not be reimbursed by Bestcharge. Bestcharge cannot be held responsible for any misunderstanding of the tariffs. If access to the tariffs is not possible, the consumer must refrain from recharging via the Bestcharge payment service, as it will then be assumed that he accepts the tariffs mentioned without liability on the part of Bestcharge. Bestcharge reserves the right to set a maximum monthly payment or volume limit for electricity recharges in order to protect the user against major billing incidents.

13.3 In the event of late payment, Bestcharge will attempt to debit the amount due from the customer's credit card on a weekly basis. Bestcharge reserves the right to block the user's services at any time in the event of non-payment. In the event of non-payment of the amount due two months after receipt of the invoice, Bestcharge will initiate collection proceedings at the User's expense.