July 2019

Article 1 Definitions

1.1 Debit Card: the debit card or key fob required by the User for access to the Charging Points and with which the User can pay for the charge..

1.2 Electric Vehicle: rechargeable fully electric or plug-in hybrid motor vehicle using the Charging Point. The vehicle has a maximum speed of at least 60 km/h and has a European type approval.

1.3 Terms of Use: these Terms of Use.

1.4 Use: the act by or on behalf of a User of charging the Electric Vehicle as described in article 3.

1.5 User: user of an Electric Vehicle and also a legally valid driver in the sense of the Belgian Road Code, as stipulated in the Act of 16 March 1968 concerning the police of road traffic and the Royal Decree of 1 December 1975 concerning the traffic regulations and the general regulation on the police of road traffic and the use of public roads.

1.6 Helpdesk: In case of malfunctions, users can call the helpdesk via 0800-58143 or 078-483539.

1.7 Charging point(s): facility(s) where an Electric Vehicle can be charged where: - a system with personal identification applies to switching electricity on and off.

1.8 Partners: the parties involved with the Recharging Station(s) such as (local) governments and grid operator(s) and/or parties affiliated to PitPoint in relation to the provision of Charging Services. 

1.9 Type 2 charging plug: The Type 2 plug is the standard plug for electric vehicle charging stations. The European directive prescribes the use of this plug for charging points. 

Article 2 Applicability of Terms of Use

These Terms of Use apply to any Use of a PitPoint Charging Point.

Article 3 Use of charging points

3.1 When charging the Electric Vehicle, the User must strictly adhere to the written instructions on/at the Charging Points. The user will respect the locally applicable parking regime, which may be subject to change.

3.2 The User is responsible for using the correct charging plug and charging cable, a Type 2 Charging plug and cable (certified according to CE and IEC 62196-2 standards) and which are suitable for the charging capacity of the relevant Electric Vehicle.

3.3 The User shall use the SoluPoint at his own expense and risk. PitPoint does not guarantee to the User that each Recharge Point will operate at all times and without any interruption or defect. In the case of a malfunction, the User is requested to go to another Recharging Point and to notify PitPoint of the malfunction in accordance with article 3.4 of these Terms of Use.

3.4 The User is obliged to report faults he has detected with respect to the Charging Points immediately to PitPoint via the fault number indicated on the Charging Point.

Article 4 Liability of PitPoint  

4.1 PitPoint shall never be liable for damage which the User suffers as a result of the (partial) inability to charge the Electric Vehicle due to a defect in or the unavailability of the Charging Point.

4.2 PitPoint is not liable to the User for damage resulting from a defect in the Debit Card, defects in a Charging Point caused by a third party, unavailability of a Charging Point and/or damage to the Electric Vehicle, unless the damage is the result of intent or gross negligence on the part of PitPoint.

4.3 PitPoint shall not be liable for theft of the charging plug, damage to the charging plug and/or any damage caused by the use of the charging plug, including in the event that PitPoint has disconnected the plug from the Electric Vehicle (for example at the User's request or at the request of a local authority).

4.4 The User must report any damage to PitPoint as soon as possible but in any case within four weeks of its occurrence, unless the User is able to demonstrate that it could not report the damage earlier. If the User fails to make a claim within this period and/or PitPoint is not given the opportunity to inspect and/or mitigate the damage in time, PitPoint reserves the right not to pursue the claim. In all cases in which PitPoint is liable to pay compensation, the maximum compensation shall be limited to direct damage only and in an amount not exceeding €100,000 (one hundred thousand Euros).

4.5 PitPoint considers safety to be of paramount importance. If the Helpdesk is asked to disconnect the plug of an Electric Vehicle remotely for safety reasons, the PitPoint Helpdesk will comply in principle.

Article 5 Liability of the User; indemnification

5.1 The User is liable for damage resulting from improper or negligent Use of the Service Points by the User. Improper or negligent Use is understood to mean in any case: the Use of the Recharging Points for a purpose other than the charging of the Electric Vehicle, the incorrect Use of the Recharging Point in any way, or the Use of the Recharging Point in a manner other than prescribed in the manual and/or causing damage to a Recharging Point while parking.

5.2 The User indemnifies PitPoint against damage claims from third parties relating to acts or circumstances which are for the User's account and/or risk.

5.3 The User guarantees that the Electric Vehicle complies with the conditions set by or pursuant to the law, that the vehicle is compliant and approved. Total NV / SA - PitPoint.BE BVBA is never liable if the Electric Vehicle cannot be charged as a result of a defect in the Electric Vehicle. User is liable for damage to the Charging Point as a result of a defect in the Electric Vehicle.

Article 6 Force majeure

Both Total NV / SA - PitPoint.BE BVBA and the User are entitled to invoke force majeure if the charging is prevented or hindered in whole or in part, whether or not temporarily, by circumstances that cannot be attributed to its fault, nor by virtue of the law, legal act or generally accepted views must be for the account of Total NV / SA - PitPoint.BE BVBA. Such circumstances in any case include, but are not limited to: vandalism, measures and / or prohibitions by any national or foreign government or of a supervisory authority, natural disasters, mobilization, war, sabotage, boycotts, failure, untimely or incorrect functioning of lines and / or Electric Vehicles, accidents or an event whereby the transport of electricity could not take place freely and undisturbed, failure of the transport network, loss of voltage in the network and failure of the network, or any shortcoming on the part of the national grid operator and / or regional grid operator (s) in the fulfillment of their obligations towards the Partners and / or Total NV / SA - PitPoint.BE BVBA.

Article 7 Amendment of the Terms of Use

PitPoint reserves the right to change these Terms of Use, including in the event of changes to applicable laws and regulations, to bring them in line with such adoption and/or change. Amendments will be processed immediately on the website and will be provided with an effective date. Changes will be made in consultation with the municipality in the case of a public Charging Point.

Article 8 Severability

If any provision (or part of a provision) of these Terms of Use is unenforceable or conflicts with a provision of mandatory law, it shall not affect the validity and enforceability of the other provisions of these Terms of Use, nor the validity and enforceability of that part of the provision that is enforceable or does not conflict with a provision of mandatory law. In such a case, the unenforceable or conflicting provision shall be replaced by an enforceable and legally valid provision that most closely matches the purpose and intent of the original provision.

Article 9 Applicable law and competent court

Belgian law applies to these Terms of Use and to the Use of the Charging Point. Disputes arising from the Use of the Charging Point and / or the Terms of Use will be submitted to the competent court.