General Terms and Conditions for Lexus Charging Network

1. Lexus Charging Network

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 technology for access to charging infrastructure for Lexus vehicles under the “Lexus Charging Network” brand (“Lexus Charging Network services”). As a prerequisite for the use of the Lexus Charging Network it is necessary to have a Lexus Link Account from Toyota Motor Europe NV/SA, Av Du Bourget/Bourgetlaan 60, Brussels, B-1140, Belgium (TME). 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.lexus-charging-network.eu. Changes to these general terms and conditions of business or to any Lexus Charging Network 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 in text form with explicit reference to the relevant changes, via the email address provided by the customer in accordance with section 2.2. 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 in cooperation with operators of charging stations (each a “Lexus Charging Network partner”). The Lexus Charging Network partner charging stations are displayed at www.lexus-charging-network.eu, in the Lexus Link app and through additional channels (hereinafter “Front Ends”) and are highlighted to differentiate them from other charging stations that are not part of the Lexus Charging Network network. In some cases, this information can only be accessed after login.

1.4. The Lexus Charging Network services comprise

a) the displaying of Lexus Charging Network partner charging stations (in the form of static information) and certain information concerning the use of these Lexus Charging Network partner charging stations (such as availability and prices in the form of dynamic information) in the Front Ends. This information is subject to the limitations set out in section 5.4 below.

b) charging at Lexus Charging Network partner charging stations following authentication (see section 6.1) together with monthly invoicing including a detailed overview of all charging processes.

1.5. Details of the Lexus Charging Network services and information on the use of these services are set out at www.lexus-charging-network.eu.

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

2. Contract conclusion and ordering

2.1. The customer can order the Lexus Charging Network services at www.lexus-charging-network.eu. The version of the GTC that the customer expressly accepts when ordering the Lexus Charging Network services (as such version may be amended from time to time pursuant to section 1.2 above) shall apply. DCS may offer the customer additional services, for example special conditions for accessing charging stations or accessing charging stations from third party charge point operators (“Packages”). The provisions of these GTC apply accordingly for such Packages.

2.2. Customers with a Lexus Link account can register for the Lexus Charging Network services at www.lexus-charging-network.eu by submitting their address and payment details. This data can be corrected or updated at a later date in the Lexus Charging Network customer account area or through customer services. Customers who have not yet registered for a Lexus Link account must set-up such account before registering for the Lexus Charging Network services.

2.3. All information submitted in the Lexus Charging Network 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 for Lexus Charging Network services can be made by credit card or any other payment methods offered to the Lexus Charging Network customer during the registration process.

2.5. Offer and conclusion of a Lexus Charging Network contract

a) DCS submits a binding offer for the provisions of the Lexus Charging Network services. Once the customer who has a Lexus Link account has registered for the Lexus Charging Network customer account and expressly accepted the GTC, the Lexus Charging Network services can be ordered. The order process is also described at www.lexus-charging-network.eu

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 Lexus Charging Network services.

c) After completing the Lexus Charging Network 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 information on his or her right of withdrawal (see section 2.7).

d) The Lexus Charging Network contract is concluded upon completion of the order process.

e) The content of the Lexus Charging Network contract is stored by DCS and can be retrieved or saved by the customer at www.lexus-charging-network.eu in the Lexus Charging Network customer account area.

2.6. Languages

The Lexus Charging Network contract is concluded in English. Translations of these GTC in other languages are for information purposes only and are not legally binding.

2.7. Right to withdraw from the contract

The customer has the right to withdraw from the Lexus Charging Network 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 within 14 days without giving any reason.

The withdrawal period shall expire 14 days after the date of conclusion of the contract.

To exercise your right of withdrawal, you must inform us (Digital Charging Solutions GmbH, Brunnenstraße 19-21, 10119 Berlin, Germany, Tel: +353 1 223 8166, Email: ie@lexus-charging-network.eu) 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); but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of 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 about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested to begin the performance of services or the supply of electricity during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.

(End of information on the right of withdrawal)

3. Lexus Charging Network card: Activation and deactivation of the Lexus Charging Network card

3.1. To use the Lexus Charging Network services most of the charging stations require an activated Lexus Charging Network card. If the customer already has a Lexus Charging Network card, he can activate that card during the registration process. If not, DCS will send the customer a Lexus Charging Network card for activation by post. Lexus Charging Network cards are activated in the Lexus Charging Network customer account by entering the card number and confirming the details. The customer then receives a confirmation email. Activation of the Lexus Charging Network card can take up to 24 hours.

3.2. At some charging stations authentication is only possible with the Lexus Link app, which is available from the Apple Inc. App Store or from the Google Play Store and contains a QR code reader. For the authentication you need to log in using the login data.

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

4. Contractual term and validity

4.1. The Lexus Charging Network contract has no fixed term and may be terminated by either party giving one month’s prior written notice at the end of any calendar month. Notice of termination may be given in the customer account area, by means of a written notification or by email; this does not affect the right to terminate the contract immediately for good reason. This Lexus Charging Network contract ends automatically at the end of the Lexus Link Account contract.

4.2. Once the contract has been terminated the Lexus Charging Network card is no longer valid and will be blocked by DCS.

4.3. Different terms and notice periods may apply for additional packages which have been booked by the customer.

5. Use and availability of Lexus Charging Network

5.1. The customer can obtain more information on Lexus Charging Network and technical details on use and availability at www.lexus-charging-network.eu. DCS provides the services in the customer’s country of residence and in additional countries in accordance with section 9 below.

5.2. To best use the Lexus Charging Network services, you need to have the Lexus Link app on a suitable mobile device or to have access to www.lexus-charging-network.eu.

5.3. DCS is striving to expand access to and the use of public charging infrastructure through Lexus Charging Network services and to widen the group of Lexus Charging Network partners. DCS does not, however, make any representation or warranty with respect to the availability of (proper functioning, supply of electricity or full charging) nor does the customer have any entitlement to demand access to particular charging stations and/or charging options. There is, in particular, no entitlement to retain the same Lexus Charging Network partner charging infrastructure.

5.4. DCS does not, subject to section 5.5, make any representation or warranty with respect to the up-to-date nature and/or accuracy 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. Lexus Charging Network partners). This notwithstanding, DCS does verify the up-to-date nature and/or accuracy of the information on a sample basis to continuously improve its service. The transmission of this information is also reliant upon the reception from 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. In some countries the prices for the tariffs available there, may vary depending on the charging station in use (see section 7.1). In such a tariff system, the currently valid prices for the respective charging station are displayed to the customer in the Lexus Link app, provided that the customer is logged in with his or her login data. As an exception to section 5.4, DCS warrants the accuracy of the prices displayed. Customers with such a tariff are obliged to inform themselves of the applicable prices prior to starting the charging process.

5.6. The Lexus Charging Network services offered under these GTC may only be used for charging vehicles of the brand Lexus.

5.7. Customers may allow family members or their employees to use the Lexus Charging Network services (especially the Lexus Charging Network card) provided that the customer does not charge for such use and that the Lexus Charging Network services are only used to charge the customer’s own vehicle. Prior to such use, the customer must inform the user of the proper procedure to be followed at the charging stations. Any other use by third parties of the Lexus Charging Network services requires prior consent from DCS. The customer may not use the Lexus Charging Network services for unlawful purposes or allow third parties to do so.

5.8. The customer shall strictly comply with the manuals for the vehicle to be charged and for any equipment or accessory used (e.g. charging cable), as well as with any instructions concerning the use of that charging stations and terms and conditions of Lexus Charging Network partners that are displayed at the charging stations. The use of charging cables or other equipment or accessories that (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 Lexus Charging Network 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 report a problem or which are obviously 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 Lexus Charging Network card respectively of the Lexus Link app as an 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 Lexus Charging Network partner charging stations by means of the Lexus Charging Network card. At some charging stations, authentication is also possible through or may require the use of the Lexus Link app. This applies in particular to charging stations with an intercharge symbol. For each charging station, the available authentication methods are displayed in the Lexus Link app or at www.lexus-charging-network.eu.

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 DCS might incur 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 the fact 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 need to 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 that disruptions and/or anomalies in the supply of electricity are the result of a disruption of grid operations (including the link to the grid), DCS shall be released from its respective obligations under the Lexus Charging Network services. This shall not apply, however, where DCS interrupts the supply without justification. Upon request, DCS shall without undue delay provide the customer with information on this harmful event and on how it was caused, insofar as DCS has such information or such information can be made available with reasonable efforts.

7. Fee; Pricing

7.1. The fee for Lexus Charging Network and the use of the services is determined by the respective agreed tariff and can generally be made up as follows:

a) a fixed monthly basic fee (dependent on the agreed tariff; in some tariffs, the monthly basic fee may already contain fees for usage (flat rate tariffs)), and

b) payments based on actual usage for individual charging processes at Lexus Charging Network partner charging stations (dependent on the agreed tariff), possible transaction fees and possible roaming fees for charging processes in roaming markets.

The current prices for the individual tariffs can be found in the price list on the website. Please check the valid prices in the Lexus Link app before you start charging.

The currently valid prices for a charging process for the respective charging station are displayed to the customer in the Lexus Link app, provided that the customer is logged in with his or her login data.

For variable tariffs DCS is entitled to adjust the prices in line with the actual usage of a charging station to take effect in the future. Customers with such a tariff are obliged to inform themselves of the applicable prices prior to starting the charging process.

7.2. The monthly basic fee will be charged only once the Lexus Charging Network contract is concluded or - in case of a change to a tariff with a monthly basic fee – once such a change of tariff has been activated by DCS and then on a pro-rata basis for the remainder of the first month.

7.3. Payments based on actual usage will be charged for each charging process from the start of the process (i.e. when the plug is put into the charging point) until its end (i.e. when the plug is pulled from the charging point) based on the currently valid prices in the respective country or at the respective charging station. Charging processes will be charged as stated in the price list for the applicable tariff.

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

7.5. Where prices are displayed at any Lexus Charging Network Partner charging station, such prices may differ from the prices contractually agreed with the customer; only the prices agreed between the customer and DCS shall apply. If a variable tariff system is applicable, DCS will charge the customer the prices (for the actual usage) as displayed for the respective charging station at the start of the charging process in the Lexus Link app.

7.6. Prices when charging abroad (roaming) may differ from those quoted at the time the contract is concluded. The customer is obliged to inform themselves of the applicable terms before commencing a charging event abroad. An obligation to provide information and notification in accordance with section 1.2 of these GTC and the legal consequences provided therein do not apply in these cases.

7.8. 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).

7.9. A change of tariff requires a corresponding agreement between the parties; the customer can apply for a change of tariff online at www.lexus-charging-network.eu.

8. Invoicing and payment conditions

8.1. The customer can retrieve his or her monthly invoices via the Lexus Charging Network customer account at www.lexus-charging-network.eu, 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 email 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 Lexus Charging Network customer account on the fourth working day of the calendar month that follows. Business clients paying on an invoice basis (see section 2.4) must transfer the amount within 14 days of receipt of the invoice to the account stated on the invoice. While DCS strives normally to invoice the Lexus Charging Network services in the calendar month that follows, it cannot guarantee this (e.g. due to the late invoicing by Lexus Charging Network partners to DCS).

8.3. The customer may only offset DCS claims if the customer’s counterclaim is undisputed, based on a withdrawal from this contract or if there is a legally binding title. The customer may only withhold payments if this is based on claims arising under the Lexus Charging Network contract.

8.4. If the customer is in default with payments, DCS is entitled to block the customer's use of Lexus Charging Network.

9. International Roaming

On the basis of the Lexus Charging Network contract the customer may also use the Lexus Charging Network card, respectively the Lexus Link app in countries other than the country of residence. The current list of countries can be seen at www.lexus-charging-network.eu.

10. Contact

For general queries about the Lexus Charging Network product, queries about invoices, customer contracts or Lexus Charging Network cards as well as for technical problems, particularly during the charging process, the customer may call upon the options for contacting us as set out under www.lexus-charging-network.eu.

11. Warranty

Statutory warranty provisions apply.

12. Disclaimer

12.1. In the event of ordinary negligence, DCS is liable only if it has breached major contractual obligations (material contractual obligations) such as those which are deemed to be specifically imposed on DCS based on the content and purpose of the Lexus Charging Network contract or those the fulfilment of which permits the proper performance of the Lexus Charging Network contract and on compliance with which the customer may duly rely. Such liability is limited to the typical damage that may be envisaged at the time of concluding the Lexus Charging Network contract.

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

12.3. This shall not affect the liability of DCS in the event of any malicious non-disclosure of a defect, or resulting from the assumption of a guarantee or under product liability laws. Liability restrictions do not apply in the event of fraudulent 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 that in case of the disruption of or anomalies in the supply of electricity resulting from a disruption of 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 damage caused to 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 users when processing personal data.

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

14. Place of jurisdiction, mediation and applicable law

14.1. The Lexus Charging Network 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 prevail 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 Munich, Germany. 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 from DCS against a consumer can only be brought in the country of residence of the consumer.

14.3. The European Commission provides 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 in dispute settlement proceedings before a consumer arbitration board, nor is it obliged to do so.

Last revision: February 2021

Exhibit 1: Sample withdrawal form

Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

To:

Digital Charging Solutions GmbH

Mies-van-der-Rohe-Straße 6

80807 München, Germany

Email: ie@lexus-charging-network.eu  

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the provision of the following service:


Lexus Charging Network Contract Number

Ordered on

Name of consumer(s)

Address of consumer(s)

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

Date

(*) Delete as appropriate.