1. Scope, definitions, subject matter of the General Terms and Conditions

1.1 The following General Terms and Conditions ("GTC") in the version valid at the time of conclusion of the contract shall apply exclusively to the business relationship between Mercedes-Benz High Power Charging Europe GmbH ("Provider") and the customer ("Customer"). Deviating general terms and conditions of the customer are not recognized unless the provider expressly agrees to their validity in writing.

1.2 The customer acts as a consumer if the purpose of the ordered goods and services cannot be predominantly attributed to his commercial or self-employed professional activity. An entrepreneur is a natural or legal person or a partnership that acts within the scope of its professional activity when concluding the contract.

1.3 These General Terms and Conditions govern the use of Mercedes-Benz charging stations and the general conditions under which electric vehicles can be charged at the charging points of the stations

2. Conclusion

2.1 To start a charging process, the customer selects the payment method "card payment" on the screen of the charging station for authentication and then follows the instructions of the payment terminal. After successful authorization, the customer can start the charging process via the button below the screen of the charging station. With the authorization of the customer for a charging process, a contract for the charging process is concluded between the customer and the provider.

2.2 The contract is concluded in english.

3. Charging; Availability

3.1 There is no entitlement to a specific charging power in kW or to a complete or partial charge of the battery in a specific period of time. Charging power may vary depending on grid stability, charging station utilization, and other technical factors.

3.2 The customer recognizes the availability of a charging station by the light bar on the light pole. Blue stands for successful authentication and started loading process, green stands for available and freely usable, red stands for offline or not usable, orange stands for reserved.

3.3 The charging process ends when the charging cable is unlocked.

4. Charge for the charging service

4.1 In return for the charging service and the charged electrical power, the customer pays a sum of money. The fee is calculated based on the price displayed on the charging station screen when charging is initiated. All prices include VAT.

4.2 Payment of the purchase price is due immediately after conclusion of the contract. The charging process will only start after confirming the payment method and completing the respective authorization modalities.

4.3 The payment methods are indicated on the credit card terminal.

4.4 Payment by credit or debit card can be made either by inserting the card or by contactless payment. The customer must complete the payment process by entering the personal PIN and, if applicable, by completing additional authorizations required by the credit card provider.

4.5 The Customer may request a receipt by selecting the "Receipt" function on the screen of the Charging Station. The further steps required to receive a receipt are then described on the screen and can be associated with the provision of other personal contact details such as an email address.

5. Use of the charging points and obligations of the customer

5.1 The Customer shall use the Mercedes-Benz Charging Station properly and with due care. He must ensure a proper cable connection between his vehicle and the charging point. If a customer notices damage or error messages to a charging station or the charging cable, this charging point may no longer be used and use must be stopped immediately. The damage or fault should be reported via the hotline specified in the Mercedes-Benz Charging Hub.

5.2 The Customer may only use a charging point to the extent that is typically associated with charging a BEV (Battery Electric Vehicle) or PHEV (Plugin Hybrid Electric Vehicle) according to the usual consumption and usage behavior of a consumer.

5.3 For reasons of grid stability and due to the use of load management for the purpose of grid-connected charging, there may be a phased throttling of the charging capacities, whereby the rated power of the charging points may be temporarily undercut or the charging process may be interrupted completely. The customer is not entitled to demand the continuation of an interrupted charging process.

6. Liability

6.1 The Provider is exempt from its obligation to perform as long as and to the extent that charging points are not available or the power supply to the charging points is disrupted. In such a case, the provider will inform the customer immediately via a corresponding notice on the display of the charging station. Even if the power supply to the charging point is restored, the provider cannot guarantee the resumption of charging. The customer is not entitled to demand the continuation of an interrupted charging process.

6.2 Claims by the customer for damages are excluded. Excluded from this are claims for damages by the customer from injury to life, limb, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract. Otherwise, the following should be observed. In all other respects, the Provider shall only be liable in the event of an intentional or grossly negligent breach of essential contractual obligations, such as those which the Operator Agreement intends to impose in accordance with its content and purpose, or the fulfilment of which is essential for the proper execution of the contract in the first place and on the compliance with which the Customer regularly relies and may rely. This liability is limited to the typical damage foreseeable at the time of conclusion of the contract.

6.3 Liability is unlimited in the event of death or personal injury. The limitations of liability resulting from 6.1 and 6.2 shall not apply if the Provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the service. The same applies if the provider and the customer have reached an agreement on the nature of the service. The provisions of the Product Liability Act remain unaffected by this.

6.4 The restrictions pursuant to 6.1 and 6.2 shall also apply to the benefit of the Provider's legal representatives and vicarious agents if claims are asserted directly against them.

6.5 If the Customer violates these General Terms and Conditions, the Operator is entitled to prohibit the Customer from using the Charging Points.

7. Succession

The Provider is entitled to transfer the rights and obligations under this contract to a legal successor at any time with the consent of the Customer. The customer can only refuse consent if there are reasonable doubts about the technical or economic performance of the legal successor. If the provider transfers rights and obligations under this contract to a group company, no consent is required, in derogation from sentence 1. This also applies to repeated subsequent legal successions.

8. Place of jurisdiction and applicable law

The place of jurisdiction is Stuttgart if the customer is a company. Otherwise, the legal place of jurisdiction applies. The legal relationships between the Provider and the Customer shall be governed exclusively by German law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. The statutory requirements for the restriction of the choice of law and the applicability of mandatory provisions, in particular consumer protection law, remain unaffected.