- Terms of use (General)

 

General Terms of Use for charge points by Allego

These General Terms and Conditions of Use apply to you if you make use of a charge point owned or operated by Allego BV (hereinafter ''Allego'').

Article 1: Terms and conditions for use of charge points, charging services and charge card

a. Allego's charging points may only be used for charging suitable electric vehicles.

b. You can use Allego's charging points if you:

i. identify yourself at a charging station by means of an acceptable means of identification originating from a mobility service provider, where acceptable means of identification from a mobility service provider include, for example, a charging card or similar. Allego works together with various so-called mobility service providers, who provide (access to) charging services, infrastructure services or subscription services and associated means of identification to their customers; Allego is free to make discretionary decisions on which mobility service providers to maintain relationships with and thus from which mobility service providers means of identification are accepted; or

ii. directly using a payment card (such as a debit or credit card). If you present a payment card directly at the charging station, and thus pay by means of a payment card, Allego acts as a one-time mobility service provider for the charging service. Allego cooperates with card issuers of payment cards and payment processors (payment service providers) that process payments by means of payment cards. Allego is free to decide at its discretion which card issuers and which payment service providers to maintain relationships with and thus from which card issuers to accept payment cards. The use of Allego's charging points by means of a payment card may also be subject to Allego's Special Terms and Conditions for Purchase of a One-Off Charging and Infrastructure Service, which can be consulted at www.allego.eu/gebruiksvoorwaarden.

c. The mobility service provider, card issuer and/or payment service provider may have declared its own terms and conditions applicable (such as, for example, general terms and conditions or terms of use) which you must comply with vis-à-vis that party. Such terms and conditions have been made available by the mobility service provider or published on the mobility service provider's website

d. If you use an app, for instance the SMOOV® app, you may store identifiers from a mobility service provider, as well as payment cards. In addition to possible conditions of the mobility service provider, card issuer and/or payment service provider, in such case use of an may also be subject to general terms and conditions of such app. For instance in case of the SMOOV® app, this is also subject to the general terms and conditions of the SMOOV® app and conditions for the one-off purchase of charging services via the SMOOV® app, which you can consult at www.smoovapp.eu.

e. By presenting a payment card or an identifier, you accept to at least discloses your card number or your customer number and associated mobility service provider (with whom you must have an agreement) to Allego, and that you accept the processing thereof.

f. You must use the charging infrastructure, including the charging point, in a careful and proper manner and with due diligence, and only for charging an electric vehicle. For charging, you must follow prescribed instructions and use a proper cable and plug to connect the electric vehicle to a charging point. The electric means of transport and its use must also comply with the conditions set by or under the law and/or applicable (usage) standards. If you fail to comply

with these obligations, or if you or your vehicle causes damage to a charge point, you will be obliged to compensate Allego for the damage suffered as a result.

g. You must indemnify Allego against third-party claims for damages related to conduct or circumstances that are for your account or risk.

h. You must respect the on-site parking regulations.

i. If a third party uses your identifier or payment card, you are co-responsible to Allego for proper compliance with the obligations described in these General Terms of Use.

j. In case of loss, theft or misuse of the identifier or payment card referred to in subsection b, you must immediately notify your mobility service provider or card issuer. Your mobility service provider will block your identifier, or your card issuer will block your payment card. This will inform Allego that no further use of the charging infrastructure may be allowed with the relevant means of identification or with the payment card, and that no use of the charging infrastructure may be charged to the mobility service provider or card issuer that issued the relevant means of identification or payment card to you. Until such time as the identifier or payment card is blocked, you shall be liable for any damage arising from the loss, theft or misuse of the identifier or payment card.

k. Allego may exclude you from using its charging points in the event of improper or careless use or fraud. This will be reported to the mobility service provider and/or card issuer. You may also be excluded at the request of your mobility service provider or card issuer. In the case of fraud, we may also report or file a report with the relevant authorities.

l. Allego does not guarantee that a chosen charge point will function.

Article 2: The processing of personal data and your Privacy

For information on the processing of your personal data and our Privacy Policy, please consult Allego's Privacy Policy at https://www.allego.eu/privacy

Article 3: Liability Allego

a. Allego is not the manufacturer of the charging points and you acknowledge this. Allego is not liable for defects or irregularities at its charging points, the unavailability of a charging point, a failure at its charging point, a failure or limitation in the electricity network, damage to your electric vehicle or damage to your charging cable or charging plug.

b. If Allego nevertheless commits an attributable shortcoming in the fulfillment of its contractual obligations, then a right to compensation is only possible on the condition that you inform Allego in writing within 10 working days after the day on which you discovered or could reasonably have discovered the shortcoming or wrongfulness - thereby giving Allego notice of default to the extent required by law and offering a reasonable period of time to comply.

c. In the event that Allego is obliged to pay damages, Allego's liability is limited to an amount of €50,000 per event with a maximum of €100,000 per user per year, or the maximum amount paid out by the insurance taken out for that purpose. Allego is not obliged to compensate indirect damages, including in any case loss of profit or income and/or missed savings. This limitation of liability does not apply in the event of intent or gross negligence on the part of Allego.

d. You should report any damage in writing to Allego as soon as possible, but no later than two months after it occurs, via P.O. Box 882, 6800 AW Arnhem or via the website www.allego.eu, unless you make it plausible that you could not have reported the damage earlier.

Article 4: Service and breakdown service

Allego's customer service is available to answer questions via telephone number 088-750 0300. If you discover any defects, damage or irregularities with the charging point in question, please report this as soon as possible via telephone number 0800 - 374 5337. If you use a charge point with visible defects, damage or irregularities, Allego will not be liable for any damage you suffer as a result of its use.

Article 5: Modification of General Terms of Use

a. Allego reserves the right to change the contents of these Terms of Use unilaterally and for this reason it is important that you www.allego.eu/gebruiksvoorwaarden consult for the most up-to-date version.

b. If any provision of these General Terms of Use should be invalid, void or annulled for any reason, the other provisions shall remain in full force and the parties shall mutually agree on a substitute provision, whereby the purpose and purport of the provision to be replaced shall be maintained as much as possible.

Article 6: Applicable law and competent court

These General Terms of Use are governed by Dutch law. Any applicability of the Vienna Sales Convention is excluded. Disputes arising from these General Terms and Conditions of Use or the use of a charge point shall be submitted exclusively to the competent court in The Netherlands or the court competent under the law.

- Terms of use (one-time purchase)

 

Special Clauses for the purchase of a One-Time Charging Service and One-Time Infrastructure Service of Allego B.V.

Version March 2023

Please read these Special Clauses carefully.

If the End User wishes to purchase a One-Time Charging Service and One-Time Infrastructure Service from Allego B.V. using a payment card that the End User presents directly at the charger, these Special Clauses shall apply.

By clicking on the "Accept" button below, you agree to be bound by these Special Clauses.

1. Definitions

The following definitions are used in these Special Clauses. These definitions apply to these Special Clauses.

1.1 Special Clauses: these special clauses pertaining to the purchase of a One-Time Charging Service and One-Time Infrastructure Service.

1.2 Allego: the charge point operator and provider of the One-Time Charging Service and One-Time Infrastructure Service, being Allego B.V.

1.3 One-Time Infrastructure Service: the purchase by the End User of a service that comprises the one-time use of infrastructure (of a Charge Point) of Allego.

1.4 One-Time Charging Service: the purchase by the End User of a service that comprises a one-time charging service (at a Charge Point) of Allego, in principle for private / non-professional use.

1.5 End User: the natural person who makes a purchase from Allego, in principle for private / non-professional use, and thereby obtains a One-Time Charging Service and One-Time Infrastructure Service.

1.6 Electric Vehicle: a road vehicle powered entirely by an electric engine, and/or a hybrid vehicle powered partly by an electric engine, which may or may not use electricity stored in a battery rechargeable by use of a Charging Point.

1.7 Charge Point: a facility at a semi-public, public or private location that can be used to charge the battery of an Electric Vehicle (socket).

1.8 Charging Session: a session in which an Electric Vehicle is charged at a Charge Point.

1.9 Agreement: the agreement by which an End User purchases a One-Time Charging Service and One-Time Infrastructure Service from Allego. These Special Clauses are separate from (and are intended to apply in parallel to) said Agreement.

1.10 Services: means, collectively: (i) One-Time Infrastructure Service; and (ii) One-Time Charging Service.

1.11 Payment Service Provider: the financial services provider authorised to accept payment methods from the End User to be credited to Allego.

2. Use of information/Privacy

2.1 By purchasing the One-Time Charging and Infrastructure Service, the End User agrees to the Privacy Policy drawn up by Allego, which can be consulted at https://www.allego.eu/privacy

3. Indemnity

3.1 End User agrees that it releases Allego and all directors, employees, investors, customers and contract parties of Allego in full from all liability towards, and all further or other claims of, third parties resulting (whether directly or indirectly) from the End User’s failure in the fulfilment or performance of these Special Clauses. The End User hereby waives any right of recovery against the aforesaid parties.

3.2 In using the One-Time Charging Service and One-Time Infrastructure Service the End User agrees that it will adhere to all instructions applicable to and in connection with the charging and Services, namely, both the instructions stipulated by Allego and any applicable statutory safety or other requirements.

4. Liability

4.1 The End User is liable for all damage resulting from improper or injudicious use of a Charge Point or improper or injudicious charging, and indemnifies Allego against any claims of third parties in this regard. The End User also indemnifies Allego against any claims of third parties in regard to conduct or circumstances for which the End User bears the expense and/or risk.

4.2 Allego is liable for harm or loss suffered by the End User as a result of an material failure of Allego in the fulfilment of its contractual obligations towards the End User, this subject to the condition that the End User notifies Allego thereof in writing within 10 business days after the day on which the End User observed or could reasonably have observed the defect or irregularity, notifying Allego of default and stipulating a reasonable term for fulfilment insofar as required by law.

4.3 Any liability referred to in paragraph 4.2 is, if and insofar as possible in observance of the provisions of applicable law concerning liability, limited to compensation of direct harm or loss.

4.4 Allego shall not be liable for harm and loss that the End User may suffer as a result of the inability to charge or fully charge the Electric Vehicle or in connection with or resulting from the use or functioning of a Charge Point. Allego shall not be liable if the Electric Vehicle cannot be charged or fully charged due to a defect in the Electric Vehicle and/or the peripherals used, such as charging cables.

4.5 Allego shall not be liable to the End User under or in connection with these Special Clauses, whether for negligence, breach of contract, misrepresentation or otherwise for: (i) any indirect or consequential damage, harm or loss of End User (iii) loss of profit, goodwill, business opportunity or anticipated saving suffered by the End User, or (iii) loss or damage incurred by the End User as a result of third party claims.

4.6 Except as set out in these Special Clauses, all conditions, warranties and representations, express or implied by (i) statute; (ii) common law or (iii) otherwise, in relation to these Special Clauses are excluded.

4.7 The restrictions set out in the preceding paragraphs of this article will not operate to exclude or restrict Allego's liability for harm or loss that is the result of fraud or gross negligence of Allego.

4.8 Allego is not obliged to fulfil any obligation where prevented from doing so as the result of force majeure.

5. Costs

5.1 For the One-Time Infrastructure Service Allego charges a fee consisting of one or more of the following components:

· fixed starting fee (amount depends on the location and charge voltage used);

· variable charge fee (hourly fee or kWh fee) (amount may depend on the location and charge voltage used);

· any applicable transaction costs, depending on the method of payment;

· any applicable connection costs, for the time that the Electric Vehicle is not being charged but is connected to the Charge Point.

5.2 For the charging, alongside the fee charged by Allego for One-Time Infrastructure Service, Allego also requires a fee for the One-Time Charging Service.

5.3 Prior to a Charging Session, the End User is informed of the specifically applicable fees by searching for the Charge Point in question where Allego offers a One-Time Charging Service and One-Time Infrastructure Service, on http://allego.eu/cp.

6. Payment

6.1 Payment is made via a Payment Service Provider.

6.2 For the collection of the fee in connection with the One-Time Charging Service and One-Time Infrastructure Service, Allego has entered into a contract with a Payment Service Provider. The End User will make payment to this Payment Service Provider, after which the Payment Service Provider pays the money received from the End User to Allego.

There is also an option to collect the payment by direct debit: the costs for the One-Time Charging Service and One-Time Infrastructure Service will then be deducted, via the authorised Payment Service Provider, on the basis of a direct debit authorisation, from the bank account stipulated by the End User as identified on the direct debit authorisation.

In the case of direct debit, the End User has 56 days after collection of the amounts owed to cancel a payment. Additionally, the End User has a period of 13 months after the payment date to contest a debit transaction.

6.3 For payment with the Payment Service Provider, any additional conditions applied by the relevant Payment Service Provider will apply.

7. Contact information

7.1 The End User may contact Allego to find out more (i) via post: at Allego BV, Westervoortsedijk 73, 6827AV, Arnhem; and (ii) via telephone: +31 88 750 0300.

8. Other provisions and applicable law

8.1 The End-User but cannot obtain an invoice. In principle, Allego Charging Ltd only offers One-off Charging and Infrastructure Services for the benefit of private / non-professional users.

If the End User decides to purchase a One-Time Charging and Infrastructure Services for business / professional use, then the End User is responsible to produce sufficient tax and accounting evidence and the End User shall or will not ask Allego for an invoice.

8.2 Allego is at all times authorised to unilaterally amend these Special Clauses (including, without limitation, to reflect changes in law or to deal with additional features which Allego may introduce).

8.3 The end user acknowledges and agrees that Allego can change these Special Terms and Conditions at any time and that new Special Terms and Conditions may apply when purchasing a subsequent One-off Charging and Infrastructure Service, of which the End User must ascertain.

8.4 End User agrees that Allego may (i) engage third parties in the performance of these Special Clauses and any of its obligations hereunder and (ii) may transfer or assign any or all its rights and obligations these Special Clauses to a third party.

8.5 If any provision of these Special Clauses proves to be illegal, invalid, unenforceable or null and void, or is annulled at any time, for any reason whatsoever under the law of any jurisdiction: (i) the remaining provisions remain in full force and the legality, validity, or enforceability in that jurisdiction of any other provision of any other provision of these Special Clauses shall not be affected or impaired and (ii) the parties will consult in order to put in place a replacement provision such that the intention and purport of the provision that is to be replaced is preserved as far as possible.

8.6 These Special Clauses and all non-contractual or other obligations arising out of or in connection with them are governed by Dutch law.

8.7 The courts of England have exclusive jurisdiction to settle any dispute arising from or connected with these Special Clauses (a "Dispute") (including a dispute regarding the existence, validity or termination of these Special Clauses or relating to any non-contractual or other obligation arising out of or in connection with these Special Clauses) or the consequences of their nullity.

8.8 The Parties agree that the courts of the Netherlands are the most appropriate and convenient courts to settle any Dispute and, accordingly, that they will not argue to the contrary.