General Terms and Conditions for Audi e-tron Charging Service

1. Audi e-tron Charging Service

1.1 Under these general terms and conditions (“GTC”) Digital Charging Solutions GmbH, Lyonel Feininger-Straße 26, 80807 Munich, Germany (“DCS”) provides the customer with information services and access technology to charging infrastructure for Audi branded electric and plug-in hybrid vehicles under the designation “e-tron Charging Service” (“e-tron Charging Service”). As a prerequisite for the use of the e-tron Charging Service it is necessary to have a free of charge myAudi Account. 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.e-tron.charging-service.audi. DCS reserves the right to make appropriate changes to these GTC provided that the changes do not affect 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 e-tron Charging Service contract. The customer will be notified by email to the email address given by the customer under section 2.2 below of any changes to these GTC and/or any e-tron Charging Service contract concluded on the basis of these GTC. In the notification, the customer will be informed explicitly on 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 an ”e-tron Charging Service Partner”). The charging stations of the e-tron Charging Service Partners are displayed at www.e-tron.charging-service.audi, in the myAudi app provided by Audi AG 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 e-tron Charging Service comprises

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

b) charging at e-tron Charging Service 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 the e-tron Charging Service and the use of the service is described at www.e-tron.charging-service.audi.

2. Contract conclusion and ordering

2.1 The customer can order the e-tron Charging Service at www.e-tron.charging-service.audi. The version of the GTC that the customer has expressly accepted when ordering the e-tron Charging Service (as such version may be amended from time to time pursuant to section 1.2 above) applies. For users of Audi vehicles there will be further registration possibilities in the future (e.g. via the myAudi app).

2.2 Customers having an “myAudi” account can register for the e-tron Charging Service at www.e-tron.charging-service.audi 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 registered for a free of charge “myAudi” account must set-up such account before registering for the e-tron Charging 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 e-tron Charging Service 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 an e-tron Charging Service contract

a) DCS submits a binding offer for the provisions of the e-tron Charging Service. Once the customer who has an “myAudi” account has registered for the e-tron Charging Service customer account and expressly accepted the GTC, the e-tron Charging Service can be ordered. The order process is also described at www.e-tron.charging-service.audi.

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 e-tron Charging Service.

c) After completing the e-tron Charging Service 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 e-tron Charging Service contract is concluded upon completion of the order process.

e) The content of the e-tron Charging Service contract is stored by DCS and can be retrieved or saved by the customer on www.e-tron.charging-service.audi in the e-tron Charging Service customer account area.

2.6 Languages

The e-tron Charging Service 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 cancel the contract

The customer has the right to cancel the e-tron Charging Service 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 cancellation as follows:

Right to cancel the contract

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

In order to exercise your right of cancellation, you shall inform us (Digital Charging Solutions GmbH, Lyonel-Feininger-Straße 26, 80807 Munich, Germany, Tel: +353 (0) 768889044, E-Mail: contact-ie@charging-service.audi) of your decision to cancel 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 cancellation within the withdrawal period if the communication concerning the exercise of the right of cancellation is sent by you before that period has expired.

Effects and consequences of cancellation

If you cancel 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 cancel 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 cancellation 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 cancellation)

3. e-tron Charging Service card: Activation and deactivation of the e-tron Charging Service card

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

3.2 At some charging stations an authentication is only possible with the myAudi app provided by Audi AG, 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 login-data.

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

4. Contractual term and validity

4.1 The e-tron Charging Service 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 e-tron Charging Service card is no longer valid and will be blocked by DCS.

5. Use and availability of the e-tron Charging Service

5.1 The customer can obtain more information on the e-tron Charging Service and technical details on use and availability at www.e-tron.charging-service.audi. 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 the e-tron Charging Service in the best possible way, the presence of the myAudi app provided by Audi AG on a suitable mobile device or access to www.e-tron.charging-service.audi is required.

5.3 DCS strives to expand access to and use of public charging infrastructure through the e-tron Charging Service and to expand the group of e-tron Charging Service 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 e-tron Charging Service 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. e-tron Charging Service 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 myAudi 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 The e-tron Charging Service offered under these GTC may only be used for charging vehicles of the brand Audi.

5.7 Customers may allow family members or their employees to use the e-tron Charging Service (esp. the e-tron Charging Service Card) provided that the customer does not charge such use and that the e-tron Charging Service isonly 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 e-tron Charging Service by third parties requires the prior consent of DCS. The customer may not use the e-tron Charging Service 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 e-tron Charging Service 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 e-tron Charging Service 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 e-tron Charging Service card respectively of the myAudi app as 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 e-tron Charging Service Partner charging stations by means of the e-tron Charging Service card. At some charging stations, authentication is also possible or may require the use of the myAudi app provided by Audi AG. This applies particularly to the charging station with an intercharge-symbol. For each charging station, the available authentication methods are displayed in the myAudiapp provided by Audi AG or at www.e-tron.charging-service.audi.

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 e-tron Charging 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 e-tron Charging Service depends on the tariff agreed with the customer and in principle is composed as follows:

a) fixed monthly base fee per e-tron Charging Service contract (dependant on the agreed tariff), and

b) payments based on actual usage for individual charging processes at e-tron Charging Service Partner charging stations.

Applicable prices for the respective tariff can be found on the price list, which can be viewed, saved and printed from the website www.e-tron.charging-service.audi.

Depending on the agreed tariff the prices for individual charging processes (actual usage), may vary (variable tariff system). In such tariff system, the actual prices for a charging process for the respective charging station are displayed to the customer in the myAudi app and on www.e-tron.charging-service.audi, 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. The actual prices will be displayed in the myAudi app app and on www.e-tron.charging-service.audi. Customers with such a tariff 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 e-tron Charging Service 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.e-tron.charging-service.audi. 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 e-tron Charging Service 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 an corresponding agreement between the parties; the customer can apply for a change of tariff via the internet on www.e-tron.charging-service.audi.

8. Invoicing and payment conditions

8.1 The customer can retrieve its monthly invoices via the e-tron Charging Service customer account at www.e-tron.charging-service.audi, 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 e-tron Charging Service 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 e-tron Charging Service normally in the following calendar month, DCS cannot guarantee this (e.g. because late invoicing of e-tron Charging Service 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 e-tron Charging Service 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 e-tron Charging Service.

9. International Roaming

On the basis of the e-tron Charging Service contract the customer may use the e-tron Charging Service card respectively the myAudi app provided by Audi also in other countries as in the country of residence. The current list of countries is visible at www.e-tron.charging-service.audi.

10. Contact

For general questions on the e-tron Charging Service product, questions on invoices, customer contracts or e-tron Charging Service cards as well as for technical problems, particularly during the charging process, the customer may use the contact possibilities as set out under www.e-tron.charging-service.audi.

11. Implied Terms

Statutory implied terms apply.

12. Limitation of liability

12.1 DCS shall not be liable to the customer, whether in contract, tort (including negligence), for breach of statutory duty, or arising from fundamental breach of this contract or otherwise, arising under or in connection with this contract for loss of profits; loss of sales or business; loss of anticipated savings; loss of damage to goodwill or any indirect or consequential losses. The first sentence of this section 12, however, shall not apply in case of liability for death or personal injury caused by negligent act or omission; fraud or fraudulent misrepresentation; or any other liability which cannot be limited or excluded by applicable law (where the claim is taken).

12.2 DCS’s liability to the customer for all and any direct loss and damage, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, howsoever arising under or in connection with this contract shall be limited to the amounts paid by the customer to DCS in any consecutive 12 (twelve) month period.

12.3 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) it shall have no claim or remedy against DCS, however 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 provides the customer with the e-tron Charging Service and is responsible as data controller for related data processing activities. The personal data collected in connection with entering into an e-tron Charging Service contract or providing the e-tron Charging Service is processed to enter into the contract, to allow the customer to use the e-tron Charging Service (e.g. charging at a charging station) and to invoice the e-tron Charging Service to the customer. (Art. 6(1)(b) EU General Data Protection Regulation “GDPR”). In connection with entering into an e-tron Charging Service contract, the following data categories are processed:

  • contact data (e.g. last name, first name, address, email address)

  • account data (e.g. e-tron Charging Service login account, payment details)

  • vehicle data (VIN)

The contractual data are automatically erased after expiry of the e-tron Charging Service contract; financial transactions are erased in accordance with the statutory provisions after 10 years.

For the purposes of the provision of the e-tron Charging Service by DCS the following (possibly personal) information is processed (Art. 6(1)(b) GDPR):

  • an individual identification number which is allocated to the e-tron Charging Service card respectively the authentication instrument used by the customer at a charging station.

  • the charge detail records showing the charging events conducted by the customer.

  • the location of the charging station where the charging events are conducted and the location of the customer (the location only to the extent that an e-route service is offered and to the extent the customer has activated the GPS function in the myAudi app provided by Audi AG).

If the customer uses the myAudi app provided by Audi AG, customer data is transferred from Audi AG to DCS or vice versa via the myAudi app to the extent it is necessary to use the e-tron Charging Service via the myAudi app.

Although the provision of these data is not required to enter into the e-tron Charging Service contract, DCS is unable to provide you with the respective service if these data are not provided and are not processed. The processed personal data are automatically erased after 90 days unless they are needed longer for the provision of a specific service.

13.2 As part of the fulfilment of the e-tron Charging Service contract, we engage contracted service providers who process personal data solely according to our instructions and in accordance with our instructions.

13.3 Beyond the mere provision of the e-tron Charging Service, the data collected under 13.1 are also processed for the purposes of quality assurance of the e-tron ChargingService offered by DCS and for the development of new related services by DCS. These processing activities serve the legitimate interests of DCS to comply with the high standards placed by our customers on existing services and to be capable of satisfying our customers' future wishes through the development of new services (Art. 6(1)(f) GDPR). In order to protect our customers' privacy, the data processed under this 13.2 are processed exclusively in a form that is not directly traceable to the customer.

13.4 If you have separately given your consent to the further use of your personal data, your personal data may be used to the extent described in the consent declaration, e.g. for marketing purposes and/or market research, and where applicable disclosed to third parties (Art. 6(1)(a) GDPR). Further details can be found in the respective consent declaration, which can be revoked at any time.

13.5 Furthermore, DCS will process personal data if it has a legal obligation to do so (Art. 13(1)(c), Art. 6(1)(c) GDPR). For example, DCS may be legally obliged to disclose personal data to public authorities or other third parties.

13.6 We secure your data using state-of-the-art technology. By way of example, the following security measures are used to protect your personal data against misuse or any other form of unauthorised processing:

  • access to personal data is restricted to only a limited number of authorised persons for the specified purposes;

  • collected data are transferred only in encrypted form;

  • furthermore, access to these IT systems is monitored permanently in order to detect and avert misuse at an early stage.

We only store your personal data for as long as is required for the respective purpose. If data are processed for multiple purposes, they are automatically erased, or stored in a form that is not directly traceable to you, as soon as the last specified purpose has been fulfilled.

13.7 You are entitled to request access to your personal data, to request the rectification/erasure or restriction of processing, to object to the processing by contacting DCS (Digital Charging Solutions GmbH, Lyonel-Feininger-Straße 26, 80807 Munich, Germany, Phone: +353 (0) 768889044, E-Mail: dataprotection@digitalchargingsolutions.com). If you are ofthe opinion that we do not take your concerns or complaints regarding the processing of data seriously you can also reach out to the responsible regulatory authority.

13.8 If data processing is based on your consent, you can withdraw your consent at any time with effect for the future. To this end, please contact DCS (Digital Charging Solutions GmbH, Lyonel-Feininger-Straße 26, 80807 Munich, Germany, Phone: +353 (0) 768889044, E-Mail: dataprotection@digitalchargingsolutions.com).

14. Place of jurisdiction, mediation and applicable law

14.1 The e-tron Charging Service 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. This choice of law will not prevent a customer of any consumer protection rights afforded to the customer by the mandatory provisions of the laws of the place of residence of the costumer.

14.2 The exclusive place of jurisdiction for all claims resulting from relationships with business owners or corporations under public law is Munich. 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 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: December 2018


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

Lyonel-Feininger-Straße 26

80807 Munich, Germany

Telefon: +353 (0) 768889044

E-Mail: contact-ie@charging-service.audi


I/We hereby withdraw from the contract concluded by me/us with respect to the following e-tron Charging Service:




e-tron Charging Service 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)