General Terms and Conditions for Mercedes me Charge

1. Mercedes me 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 Mercedes-Benz vehicles under the designation “Mercedes me Charge” (“Mercedes me Charge”). As a prerequisite for the use of Mercedes me Charge it is necessary to have a free of charge Mercedes me 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 eu.charge.mercedes.me. Changes to these general terms and conditions of business, a Mercedes me 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 ”Mercedes me Charge Partner”). The charging stations of the Mercedes me Charge Partners are displayed at eu.charge.mercedes.me, in the Mercedes me app provided by Mercedes-Benz 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 Mercedes me Charge service comprises

a) the displaying of Mercedes me Charge Partner charging stations (in the form of static information) and certain information concerning the use of these Mercedes me Charge Partner charging stations (such as availability and prices in the form of dynamic information) in the front ends.

b) charging at Mercedes me 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 Mercedes me Charge and the use of the service is described at eu.charge.mercedes.me.

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 Mercedes me Charge at eu.charge.mercedes.me. The version of the GTC that the customer has expressly accepted when ordering Mercedes me Charge (as such version may be amended from time to time pursuant to section 1.2 above) applies. 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 having a Mercedes me account can register for the Mercedes me Charge service at eu.charge.mercedes.me 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 “Mercedes me” account must set-up such account before registering for the Mercedes me 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 Mercedes me 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 Mercedes me Charge contract

a) DCS submits a binding offer for the provisions of the Mercedes me Charge. Once the customer who has an “Mercedes me” account has registered for the Mercedes me Charge customer account and expressly accepted the GTC, the Mercedes me Charge service can be ordered. The order process is also described at eu.charge.mercedes.me.

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 Mercedes me 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 Mercedes me Charge contract is concluded upon completion of the order process.

e) The content of the Mercedes me Charge contract is stored by DCS and can be retrieved or saved by the customer on eu.charge.mercedes.me in the Mercedes me Charge customer account area.

2.6. Languages

The Mercedes me 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 Mercedes me 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 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, Phone: +353 1 592 6970, E-Mail: ie@charge.mercedes.me) 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. Mercedes me Charge card: Activation and deactivation of the Mercedes me Charge card

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

3.2. At some charging stations an authentication is only possible with the Mercedes me app provided by Mercedes-Benz 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 Mercedes me login-data.

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

4. Contractual term and validity

4.1. The contract has no fixed term and can be terminated by each party upon one month’s prior written notice with effect to the end of a calendar month. 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 Mercedes me Charge 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 Mercedes me Charge

5.1. The customer can obtain more information on the Mercedes me Charge and technical details on use and availability at eu.charge.mercedes.me. 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 Mercedes me Charge service in the best possible way, the presence of the Mercedes me app provided by Mercedes-Benz AG on a suitable mobile device or access to eu.charge.mercedes.me is required.

5.3. DCS strives to expand access to and use of public charging infrastructure through Mercedes me Charge and to expand the group of Mercedes me 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 Mercedes me 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. Mercedes me 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 Mercedes me 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. Mercedes me Charge offered under these GTC may only be used for charging vehicles of the brand Mercedes-Benz.

5.7. Customers may allow family members or their employees to use Mercedes me Charge (esp. the Mercedes me Charge Card) provided that the customer does not charge such use and that Mercedes me 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 Mercedes me Charge by third parties requires the prior consent of DCS. The customer may not use Mercedes me 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 Mercedes me 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 Mercedes me 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 Mercedes me Charge card respectively of the Mercedes me 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 Mercedes me Charge Partner charging stations by means of the Mercedes me Charge card. At some charging stations, authentication is also possible or may require the use of the Mercedes me app provided by Mercedes-Benz AG. This applies particularly to the charging station with an intercharge-symbol. For each charging station, the available authentication methods are displayed in the Mercedes me app provided by Mercedes-Benz AG or at eu.eu.charge.mercedes.me.

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 Mercedes me 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 Mercedes me Charge and the use of the services is determined by the respective agreed tariff and can generally be made up as follows:

a) a fixed 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 Mercedes me Charge Partner charging stations.

The respective tariff structure can be found on https://eu.charge.mercedes.me/web/daimler-ie/tariffs.

The actual prices for a charging process for the respective charging station are displayed to the customer in the Mercedes me 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 Mercedes me 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 eu.charge.mercedes.me. 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 Mercedes me 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. 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.

7.7. When charging abroad, a different currency than the currency of Ireland may be owed to DCS (foreign currency). In order to make the billing of foreign currencies as easy as possible for the customer, DCS is entitled to convert receivables in foreign currency into the currency of Ireland and to demand this converted amount from the customer instead of the foreign currency. The conversion for a charging process in foreign currency is based on the Euro reference exchange rate of the European Central Bank at the end of the previous banking day before the charging process, which the customer can take note of at: https://www.ecb.europa.eu/stats/policy_and_exchange_rates/euro_reference_exchange_rates/html/index.en.html.

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 via the internet on eu.charge.mercedes.me.

8. Invoicing and payment conditions

8.1. The customer can retrieve its monthly invoices via the Mercedes me Charge customer account at eu.charge.mercedes.me, 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 Mercedes me 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 Mercedes me Charge service in the following calendar month, there might be delays in individual cases (e.g. because of late invoicing of Mercedes me Charge Partners to DCS).

8.3. 8.3 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 Mercedes me 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 Mercedes me Charge.

9. International Roaming

On the basis of the Mercedes me Charge contract the customer may use the Mercedes me Charge card respectively the Mercedes me app provided by Mercedes-Benz AG also in other countries as in the country of residence. The current list of countries is visible at eu.charge.mercedes.me.

10. Contact

For general questions on the Mercedes me Charge product, questions on invoices, customer contracts or Mercedes me Charge cards as well as for technical problems, particularly during the charging process, the customer may use the contact possibilities as set out under eu.charge.mercedes.me.

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 Mercedes me Charge contract or those whose fulfilment enables the proper execution of the Mercedes me 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 Mercedes me 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 Mercedes me 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, 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 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 2021



Exhibit 1: Model 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

E-Mail: ie@charge.mercedes.me

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


Mercedes me Charge 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.