General terms and conditions

1. Definitions

Manager: this means the natural person or legal entity that manages or owns one or more charge points for electric vehicles and is a customer of the Management Services.

Management Services: this means the services defined in article 4.1.

Consumer: this means a Client who is a natural person and is acting for purposes that fall outside the scope of his or her business or professional activity.

Services: this means both Management Services and Charging Services.

User: this means the natural person or legal entity that is the recipient of the Charging Services.

Client: this means both the User and the Manager.

Charging Services: this means the services defined in article 3.1.

Charge Card: this means the charge card provided to the User by MobilityPlus.

Charge Card Reader: this has the meaning assigned in article 4.4.

MobilityPlus: this means MobilityPlus CVBA, a cooperative company with limited liability under Belgian law, with its registered office at Poortakkerstraat 37 / 302, 9051 Ghent and registered with the Crossroads Bank for Enterprises under company number 0649.979.281.

Network: this means the network of charge points through which MobilityPlus operates, offered by MobilityPlus or third parties as roaming partners.

Distance Contract: any contract concluded between MobilityPlus and the Consumer will only use one or more remote communication techniques.

Party: this means MobilityPlus, the Manager and/or User.

2. General

These General Terms and Conditions relate to the contractual obligations between MobilityPlus on the one hand and Managers in the context of Management Services or Users in the context of Charging Services on the other.

The General Terms and Conditions apply to any agreement that arises between MobilityPlus and the Client, unless the Parties have expressly agreed in writing to deviate from it (fully or partially). The General Terms and Conditions exclude the application of the Client's own general terms and conditions.
MobilityPlus will process personal data of the Clients when providing the Services. All information regarding the processing of this personal data can be found in the MobilityPlus Privacy Policy (https://www.mobilityplus.be/nl/privacy-policy). These General Terms and Conditions and the Privacy Policy form a whole and must be read together.

3. Conditions specific to the Charging Services (between the User and MobilityPlus)

3.1. Charging services

The User shall gain access to the Charging Services through the use of a Charge Card, the MobilityPlus platform and the MobilityPlus app, either by taking out a subscription or by purchasing a prepaid charging credit.

The Charging Services offered to the User and the prices that apply depend on the formula chosen by the User. The terms and conditions of the various formulas are expressly stated on the website http://www.mobilityplus.be/nl/laadpassen.

3.2. Acceptance of the contract request

MobilityPlus’ decision regarding acceptance of a User's request for (additional) access to the Charging Services shall be exclusive and final, and made at its sole discretion.

3.3. Operation and use of the Charge Card

Upon acceptance of access to the Charging Services, MobilityPlus will provide the User with the requested number of Charge Cards, which will allow the User to purchase the Charging Services.

A User may use the Charging Services for as long as (i) the prepaid charging credit has not been fully used up or permanently lost in accordance with article 3.6 of these General Terms and Conditions or (ii) a subscription has been taken.

The Charge Card shall remain the property of MobilityPlus and can under no circumstances be transferred to third parties without the prior agreement of MobilityPlus. The Charge Card must be returned by the User to MobilityPlus upon termination of the service.

The Charge Card may only be used to obtain the Charging Services from MobilityPlus. All risks associated with the loss of the Charge Card will be transferred to and borne by the User from the date of sending the Charge Card. An invalid Charge Card can be retained or confiscated by MobilityPlus.

3.4. Costs associated with the Charge Card

MobilityPlus may charge the User the costs of issuing the Charge Card.
The first Charge Card is supplied free of charge. Subsequent Charge Cards will be invoiced at €1.50 each.

3.5. Obligations on the part of the User

The User acknowledges that he or she has provided all required information to MobilityPlus with respect to the Charging Services prior to the acceptance of the Service by MobilityPlus. The User shall immediately notify MobilityPlus in writing of any change to the information provided to MobilityPlus when activating the Charging Services or thereafter (e.g. a new address, a new company name or a bank account number for the direct debit). Any costs resulting from non-compliance with this obligation must be paid in full by the User.

The User is responsible for keeping track of the Charge Cards entrusted to him/her. To this end, among other things, he or she must take all necessary and useful measures to prevent the loss, theft or damage of the Charge Card. The User undertakes to provide MobilityPlus with all necessary information regarding the disappearance or irregular use of a Charge Card. If a lost Charge Card is subsequently found, the User must notify MobilityPlus of this fact as soon as possible.
In the event of non-compliant use of the Charge Card, the User is obliged to assist MobilityPlus in identifying the causes of this. If abnormal use is determined, MobilityPlus has the right to block the Charge Card without this giving rise to any compensation for the User.
In the event of a defect or irregularity in the equipment for the provision of the MobilityPlus Charging Services, the User must immediately inform MobilityPlus of this fact.

Unless MobilityPlus expressly gives its consent in writing, the User is prohibited under all circumstances from selling, transferring, subletting or commercialising the Charge Cards assigned to him or her and/or the corresponding Charging Services in any way whatsoever, whether in whole or in part. Any breach of this prohibition will be regarded as an irreversible breach and gives MobilityPlus the right to suspend the Charging Services for as long as the User fails to remedy these breaches.

3.6. Conditions specifically related to the purchase of Charging Services as a result of the purchase of prepaid charging credit

Each individual prepayment of charging credit shall be at least fifty (50) euros and shall be linked to a specific Charge Card.
Charging services can be purchased using a Charge Card for as long as prepaid charging credit is associated with this specific Charge Card.

The Charging Services will be deducted from the prepaid charging credit in the following manner:

  • a fixed transaction cost per charging session initiated, and
  • a fee for consumption during each charging session based on the prices applied at the charge point on the day of the transaction as currently displayed on the MobilityPlus app or the MobilityPlus platform, and
  • additional fees applied by a third-party roaming partner, such as but not limited to a connection fee (i.e. a fee charged as soon as the battery is charged while the car still remains connected).

The prepaid charging credit will remain valid for a period of twelve (12) months from the date of the last top-up of charging credit. The prepaid charging credit will be permanently lost if the User has not topped up any charging credit over a period of twelve (12) consecutive months.

The User shall never be entitled to any refund of unused prepaid charging credit, even in the event of loss or theft of the Charge Card.
MobilityPlus may discontinue the further provision of Charging Services to the User, without any reimbursement of unused prepaid charging credit, in any of the following cases:

  • if the User fails to comply with his or her obligations set out in these General Terms and Conditions, or uses the Charging Services in violation of the agreements with MobilityPlus or the applicable legal and/or regulatory provisions,
  • in the event of fraud or suspicion of apparent fraud by the User,
  • if the User has provided incorrect, incomplete or false information to MobilityPlus,
  • in the event of non-compliance by the User with his or her obligations under another agreement with MobilityPlus.

3.7. Conditions specifically related to the purchase of Charging Services arising from a subscription formula

3.7.1. Duration and termination - general

The Charging Services will commence upon completion of the registration procedure or signing of the quotation by the User and upon acceptance by MobilityPlus and, unless otherwise agreed, will apply for a period of one (1) year.

If timely notice of termination is not given, the agreement will be tacitly renewed for a new period of one (1) year after the expiry of the initial period of one (1) year. The agreement may be terminated by either Party upon the expiry of the initial term or upon the expiration of any subsequent period of one (1) year. Notice of termination must be given by registered letter no later than two (2) months before the expiry of the initial term of the agreement or of the extended period.

3.7.2. Suspension and termination by MobilityPlus

MobilityPlus may suspend all or some of the Charging Services after sending prior notification to the User in any of the following cases:

  • if the User fails to comply with his or her obligations set out in these General Terms and Conditions, or uses the Charging Services in violation of the agreements with MobilityPlus or the applicable legal and/or regulatory provisions,
  • in the event of total or partial non-payment of the invoice amount for a Charging Service within the payment period, or in the event of insolvency or suspicion of apparent insolvency,
  • in the event of fraud or suspicion of apparent fraud by the User,
  • if the User has provided incorrect, incomplete or false information to MobilityPlus,
  • in the event of non-compliance by the User with his or her obligations under another agreement with MobilityPlus, and
  • in the event of a request for postponement of payment by the User.

In this regard, the User acknowledges and accepts that during the period of suspension of the Charging Services, the amounts due for the subscription will remain due.
MobilityPlus has the right to terminate its Charging Services unilaterally and with immediate effect by registered letter if the User does not remedy the reason for the suspension of the Charging Services within fifteen (15) days after receipt of a registered notice of default by MobilityPlus.

In the event of the bankruptcy, judicial reorganisation, liquidation or dissolution of the User, the Charging Services will be terminated by law and with immediate effect without prior notice of default or judicial intervention being required.

The termination of the Charging Services by MobilityPlus in accordance with the above paragraphs does not entitle the User to compensation of any kind, and does not affect the User's obligation to pay the amounts owed at that time.

3.7.3. Termination by the User

The User may terminate the agreement with immediate effect if MobilityPlus violates the obligation inherent in these General Terms and Conditions in an imputable and serious or repeated manner. Such immediate termination will only be possible if a registered notice of default has been sent giving MobilityPlus the opportunity to fulfil its obligations within a reasonable period of time. The termination shall not affect the further rights of the User, including the right to claim compensation for the damage suffered as a result of the breach of the obligations.

If MobilityPlus can no longer meet the obligations of the General Terms and Conditions for a period of two (2) months or more and this is due to a situation of bankruptcy or collective debt settlement, the User shall be entitled to terminate the agreement immediately, unilaterally and exclusively for this reason by registered letter.

3.7.4. Invoicing and payment

The Charging Services will be invoiced as follows:

  • annually: the price of the chosen subscription formula, and
  • monthly: a fee for consumption during each charging session based on the prices applied at the charge point on the day of the transaction as currently displayed on the MobilityPlus app or the MobilityPlus platform, and
  • monthly: additional fees applied by a third-party roaming partner, such as but not limited to a connection fee (i.e. a fee charged as soon as the battery is charged while the car still remains connected).

All invoiced amounts are payable within the period specified on the invoice and, in the absence of such a period, within fourteen (14) days after the invoice date, by one of the following means of payment:

  • bank transfer;
  • direct debit, by completing the relevant documents provided by MobilityPlus.

If a Client chooses to pay by direct debit, the price of the chosen subscription formula can also be invoiced monthly instead of annually at his or her request.

In the event of total or partial non-payment on the due date, the outstanding invoices will automatically and without prior notice of default be subject to late payment interest of 12% per year and the outstanding balance will be increased by 10% of the invoiced amount after an unsuccessful notice of default, with a minimum of 125 euros, even if grace periods are granted. In addition, the User will also be responsible for all collection, reminder and procedural costs, including the legal costs. Non-payment of a single invoice on the due date will lead to the outstanding balance of all other, even not-yet due invoices, becoming immediately due and payable.

In addition, except where expressly agreed otherwise, the non-payment of invoices on the due date may entail, without notice being required, the cessation of the implementation of the Charging Services as long as the outstanding and payable amounts are not paid, while retaining all advances or other payments already received; all outstanding amounts shall become immediately due and payable, whatever the modalities, including accepted bills of exchange; and companies charged with collecting debts shall intervene.

MobilityPlus must be informed of any dispute regarding an invoice from MobilityPlus by registered letter within eight (8) days of the invoice date, failing which it shall be inadmissible. In the absence of any objection by registered letter, each invoice will be deemed accepted within eight (8) days of being sent.

In the event of the User’s bankruptcy, the balance of debt in the User's account will be immediately and fully due and payable. The right to use the Charge Card shall expire immediately upon the User’s bankruptcy.

4. Conditions specific to the Charging Services (between the Manager and MobilityPlus)

4.1. Management Services

MobilityPlus will provide the Manager, who manages or owns one or more charge points for charging electric passenger vehicles, with general management and payment services relating to the use of the Charge Points by the Manager and Users. Depending on the subscription formula chosen, the Management Services offered will consist of one or more of the following components:

  • reporting: MobilityPlus will ensure the registration, storage and display of data relating to the use of and possible consumption at a charge point by the Manager and/or Users,
  • repayment: based on the reporting, MobilityPlus can make payments to the Manager for the use of and/or consumption at the charge point by Users,
  • publicly accessible: At the Manager’s request, MobilityPlus may make the charge point publicly available, meaning that the Manager's charge point may be put into operation by any User who has registered a charge card with MobilityPlus or with third parties (who have concluded a roaming contract with MobilityPlus),
  • access to the MobilityPlus platform: MobilityPlus will grant the Manager access to the MobilityPlus platform, where the Manager will have access to certain services including but not limited to live statuses, adjustable rates, online revenue summary, software and firmware updates, tracking live sessions, user management, reports, statistics, setting rates, publication on our app and website and Smart-grid management.

The Management Services offered to the Manager and the applicable prices depend on the subscription formula chosen by the Manager. The terms and conditions of the various subscriptions are expressly stated on the website https://www.mobilityplus.be/nl/laadpalen.

4.2. Obligations on the part of MobilityPlus

As a good manager/service provider, MobilityPlus will ensure:

  • the provision of right of use to the Management Services described in these General Terms and Conditions offered by MobilityPlus by means of user-friendly software,
  • the quarterly reimbursement of the Managers for the use of and/or consumption at the charge point by Users according to the rates set by the Manager on the MobilityPlus platform,
  • the security of the stored data,
  • the highest possible continuity of the Management Services;
  • MobilityPlus will provide services in the form of subscriptions, including but not limited to offering live statuses, adjustable rates, online revenue overview, tracking live sessions, user management and smart grid management.

MobilityPlus undertakes to make all reasonable efforts that the Manager could reasonably expect from a good manager/service provider in order to prevent technical, GPRS and software malfunctions. Any malfunctions that may nevertheless arise will always be rectified within a short period. MobilityPlus will make every effort to limit any damage caused to the Manager. MobilityPlus cannot be held liable for malfunctions attributable to third parties or the cause of which is attributable to third-party services or products.

4.3. Obligations on the part of the Manager

The Manager declares that he or she will comply with the following obligations:

  • providing the User's electric vehicle with electricity at all times, as soon as the charge card provided by MobilityPlus and connected by third parties through roaming agreements is connected to the relevant charge point of the Manager. The Manager undertakes to make all necessary efforts to ensure uninterrupted access to electricity at the charge point,
  • correct compliance with the General Terms and Conditions of MobilityPlus,
  • the correct and complete filling in of the contract request in respect of the MobilityPlus Management Services, as further detailed in article 5 (Contract request).
  • correct reporting of all the Manager’s other details. The Manager shall immediately notify MobilityPlus in writing of any change to the information provided to MobilityPlus when activating the Management Services or thereafter (e.g. a change to the address, company name or bank account number).

4.4. Liability on the part of the Manager

The Manager shall exclusively be liable for any shortcomings in the fulfilment of one or more of the obligations assigned to him in these General Terms and Conditions. The Manager shall indemnify MobilityPlus and the User against all third-party claims and any related damages and/or costs, including but not limited to costs for legal assistance and reputational damage, relating to shortcomings in its role as the manager or owner of charge points for electric vehicles.

The Manager shall be responsible at all times for acts, conduct, use and all actions relating to the charge points performed by its personnel, employees and all other persons to whom it intentionally or unintentionally, directly or indirectly grants access to the charge points.

If MobilityPlus receives a claim or claim for damages that may be related to the indemnification by the Manager in the previous paragraph, MobilityPlus shall be entitled to suspend payment of any fees owed to the Manager until such claim or claim for damages has been settled. If MobilityPlus is found to be obliged to pay any damages to third parties, it shall be entitled to offset these damages, as well as the costs including but not limited to costs for legal assistance, against any payment obligation to the Manager.

4.5. Duration

4.5.1. General

The Management Services will commence as soon as the online procedure has been completed by the Manager and an agreement is concluded for a fixed period of one (1) year.

If timely notice of termination is not given, the agreement will be tacitly renewed for a new period of one (1) year after the expiry of the initial period of one (1) year. The agreement may be terminated by either Party upon the expiry of the initial term or upon the expiration of any subsequent period of one (1) year. Notice of termination must be given by registered letter no later than two (2) months before the expiry of the initial term of the agreement or of the extended period.

4.5.2. Suspension and termination by MobilityPlus

MobilityPlus may suspend all or some of the Management Services after sending prior notification to the Manager in any of the following cases:

  • if the Manager fails to comply with his or her obligations set out in these General Terms and Conditions, or uses the Management Services in violation of the agreements with MobilityPlus or the applicable legal provisions,
  • in the event of total or partial non-payment of the invoice amount for the Management Services within the specified payment period, or in the event of insolvency or suspicion of apparent insolvency,
  • in the event of fraud or suspicion of fraud, the provision of incorrect, incomplete or false information when entering into the agreement with MobilityPlus.
  • if the Manager provided incorrect, incomplete or false information to MobilityPlus,
  • in the event of non-compliance by the Manager with his or her obligations under another agreement with MobilityPlus, and
  • in the event of a request for postponement of payment by the Manager.

In this regard, the Manager acknowledges and accepts that during the period of suspension of the Management Services, the amounts due for the subscription will remain due.

MobilityPlus has the right to terminate its Management Services unilaterally and with immediate effect by registered letter if the Manager does not remedy the cause of the suspension of the Management Services within fifteen (15) days after receipt of a registered notice of default by MobilityPlus. Under no circumstances shall termination of this nature entitle the Manager to compensation of any kind, nor shall it affect the Manager's obligation to pay the amounts owed.

In the event of the Manager’s bankruptcy, judicial reorganisation, liquidation or dissolution, the Management Services will be terminated by law and with immediate effect without prior notice of default or judicial intervention being required.

The termination of the Management Services by MobilityPlus in accordance with the above paragraphs does not entitle the Manager to compensation of any kind, and does not affect the Manager's obligation to pay the amounts owed at that time.

4.5.3. Termination by the Manager

The Manager may terminate the agreement with immediate effect if MobilityPlus violates the obligation inherent in these General Terms and Conditions in an imputable and serious or repeated manner. Such immediate termination will only be possible if a registered notice of default has been sent giving MobilityPlus the opportunity to fulfil its obligations within a reasonable period of time. The termination shall not affect the Manager’s other rights, including the right to claim compensation for the damage suffered as a result of the breach of the obligations.

If MobilityPlus can no longer meet the obligations of the General Terms and Conditions for a period of two (2) months or more and this is due to a situation of bankruptcy or collective debt settlement, the Manager shall be entitled to terminate the agreement immediately, unilaterally and exclusively for this reason by registered letter.

4.5.4. Consequences of termination

The termination of the Agreement will result in the Manager no longer having access to his/her user profile or any of the MobilityPlus Management Services. MobilityPlus undertakes not to delete the Manager's data for at least sixty (60) calendar days following deactivation in order to guarantee correct data migration or simple reactivation. If the Manager does not act in time, the uploaded content may be deleted immediately and irrevocably after the expiry of the guaranteed period.

4.6. Invoicing and payment

The price of the chosen subscription formula associated with the Management Services will be invoiced annually.
All invoiced amounts are payable within the period specified on the invoice and, in the absence of such a period, within fourteen (14) days after the invoice date, by one of the following means of payment:

  • bank transfer;
  • direct debit, by completing the relevant documents provided by MobilityPlus.

If a Client chooses to pay by direct debit, the price of the chosen subscription formula can also be invoiced monthly instead of annually at his or her request.

In the event of total or partial non-payment on the due date, the outstanding invoices will automatically and without prior notice of default be subject to late payment interest of 12% per year and the outstanding balance will be increased by 10% of the invoiced amount after an unsuccessful notice of default, with a minimum of 125 euros, even if grace periods are granted. In addition, the Manager will also be responsible for all collection, reminder and procedural costs, including the legal costs. Non-payment of a single invoice on the due date will lead to the outstanding balance of all other, even not-yet due invoices, becoming immediately due and payable.

Any dispute regarding an invoice from MobilityPlus must be communicated to MobilityPlus by registered letter within eight (8) days of the invoice date, failing which it shall be inadmissible. In the absence of a dispute, each invoice will be deemed accepted within the stipulated period.

4.7. Prices and rates

The MobilityPlus prices, fees and rates are expressed in euros and include VAT and other taxes. Any additional costs, such as the use of a specific payment method, will always be clearly communicated to the Client in advance and will be borne in full by the Client.

MobilityPlus has the right to change its subscription prices and transaction costs annually. If the rate for the next billing year is adjusted during the current agreement, the Client will receive a notification of the new rate by the relevant electronic means of communication no later than fifteen (15) calendar days before the annual billing. In this case, the Client will have the right to terminate the agreement by means of a registered letter, at the latest one (1) month after becoming aware of the change in the rate. If the rate increase relates only to a particular service, the Client's right will be limited to the possibility of terminating the service in question in the same way and under the same conditions.

MobilityPlus reserves the right to amend discounts, refunds, supplements, premiums or additional costs at any time.

5. Contract requests

5.1. Client's obligation to provide information

The Client who wishes to invoke the Services is obliged to fill in the contract request to MobilityPlus correctly and fully and to submit the following documents when requested to do so.

If the Client is a natural person:

  • their original Belgian identity card, EU residence card or original identity card for foreigners issued in Belgium;
  • any additional identification documents requested.

If the Client is a legal entity or de facto association:

  • a copy of the articles of association published in the Belgian Official Gazette and of all amendments to the said articles of association published in the Belgian Official Gazette,
  • the original Belgian identity card, EU residence card or original identity card for foreigners issued in Belgium, of a natural person authorised to represent the legal entity or the de facto association,
  • additional documents that enable MobilityPlus to check the financial capacity of the legal entity or de facto association. MobilityPlus may request these documents at any time, both before and during the contractual relationship and as a result of the termination of the contractual relationship.

Any person who presents themself as an agent of a natural person, legal entity or de facto association is obliged to provide identification at the request of MobilityPlus and to provide proof of his/her capacity as an agent. The Client is solely liable for the accuracy and completeness of the information he or she provides.

5.2. Refusal of the contract request

MobilityPlus reserves the right to limit, refuse or terminate a contract request for certain additional services if one or more of the following situations in this non-exhaustive list occurs:

  • the Client refuses to provide the required and specified information, or has provided incomplete, incorrect and/or false information,
  • the contract request has not been completed correctly,
  • the Client has not or has not properly complied with the obligations imposed on him or her in another agreement with MobilityPlus,
  • there is evidence, serious suspicion or indications of non-payment and/or fraudulent conduct by the Client, or use of the MobilityPlus service contrary to this agreement, legal or regulatory provisions and/or public policy or accepted principles of morality, or
  • the Client is disrupting or threatening the proper functioning of the Network or damaging its integrity.

6. Support, complaints and monitoring

6.1. Support

In order to guarantee a high-quality service, MobilityPlus undertakes to provide the Client with the necessary support. The Client always has the right to ask MobilityPlus relevant questions or comments regarding the Services. MobilityPlus shall undertake to formulate a clear and adequate answer within a reasonable period of time in order to help resolve any issues that may arise.

The Client can be confident that MobilityPlus will do everything in its power to ensure uninterrupted access to the Services. MobilityPlus shall always act to the best of its ability and has therefore taken all technical, non-technical, organisational and legal measures necessary and reasonable to ensure this commitment. The Client expressly acknowledges and accepts that MobilityPlus cannot absolutely guarantee the uninterrupted accessibility of the Services.

6.2. Complaints

MobilityPlus strictly monitors the high-quality fulfilment of its obligations arising by virtue of this agreement. If the Client is confronted with a defect, MobilityPlus will do everything in its power to find a prompt solution. A defect will be present if the situation affects the accessibility and/or proper functioning of the Services and this defect is demonstrable or reproducible.

The Client shall be obliged to check the performance of the MobilityPlus Services immediately and at all times for possible defects, errors and shortcomings on the part of MobilityPlus. Any defects must be reported by the Client within seven (7) days of becoming aware of the defect. This report must be made in writing and with substantiation to MobilityPlus. The Client shall only be entitled to the rectification of defective service provision by means of a new fulfilment of the service.

MobilityPlus employees will always look for a solution to the defect quickly, but depending on the defect, an immediate and definitive solution will not always be possible. The solution can be provided by all possible electronic means of communication including but not limited to telephone contact. It is the Client's responsibility to provide all necessary and reasonable cooperation in order to find a speedy solution. Among other things, this implies the transfer of all the necessary data and the activation of ‘remote assistance’. For on-site assistance, the Client must pay a fee that will depend on the type, extent and duration of the technical malfunction. The Client may also conclude a separate service agreement with MobilityPlus for on-site assistance. These General Terms and Conditions do not apply to this service agreement.

6.3. Monitoring

MobilityPlus shall strictly monitor the quality of the MobilityPlus platform and shall do everything in its power to prevent illegal, prohibited or counterfeit Services from being offered through the MobilityPlus platform.

7. Online payments

For certain Services, online payment is possible through our payment provider(s). MobilityPlus is responsible for these payments running smoothly and will act as an intermediary towards our payment provider(s). If there are problems with these online payments (including any need for refunds, reimbursements or chargebacks), the Client can contact MobilityPlus by email (at the following address: boekhouding@mobilityplus.be).

8. Intellectual property rights

The Client accepts that all intellectual property rights in the software and documentation made available to the Client by MobilityPlus when providing the Services rest exclusively with MobilityPlus or a third party with whom it has concluded an agreement in this regard.

MobilityPlus shall grant the Client a personal, non-transferable and non-exclusive licence to use all software provided by MobilityPlus and the associated documentation relating to the Services for the duration of the provision of the Services.

The Client has the right to use the software and documentation that has been made available in the context of the normal use of the Services.
The Client is not permitted to make changes or additions to the software and documentation itself or to have them made by third parties, nor to distribute all or parts of the software and documentation in any form whatsoever to third parties.

The Client undertakes to respect the intellectual property rights that may be attached to the Services, the software, the documentation and the data that are processed in the context of a Service or made available to the Client. The Client accepts that any trade names, logos, names and trademarks used or affixed by MobilityPlus may not be removed and may not be used by the Client without the prior express consent of MobilityPlus. Any infringement of this clause will result in the immediate suspension and/or termination of the contract between the Parties concerned.

The infringement shall automatically lead to the Client owing MobilityPlus compensation of EUR 2,500, without prejudice to the possibility on the part of MobilityPlus to claim a higher amount corresponding to the actual damage.

In addition, the Client declares that he or she has the necessary rights and/or permissions with regard to the intellectual property rights concerning the content and materials that he or she provides. The Client shall grant MobilityPlus a non-exclusive, free and transferable licence to use, reproduce, process and communicate the said contents and materials to third parties to the extent required in the context of the service provision. The Client undertakes that his or her actions shall in no way infringe upon the intellectual property rights of any other party. If the Client commits an infringement in this regard, under no circumstances can this be attributed to MobilityPlus. Any actual or legal consequences shall therefore be fully at the Client’s expense. MobilityPlus expressly requests the Client's cooperation in notifying it of any infringements of intellectual property rights so that MobilityPlus is able to take appropriate action.

9. Liability on the part of MobilityPlus

MobilityPlus can never be held liable for malfunctions attributable to third parties or the cause of which is attributable to third-party services or products, such as disruptions to the provider’s network.

The Client accepts that MobilityPlus cannot be held liable for damage suffered by the Client as a result of (partially) external factors and/or actions on the part of the Client itself, including but not limited to:

  • disruptions to or quality defects in the relevant services due to external factors (power failures or malfunctions, lightning strikes, measures imposed by Belgian or European authorities, etc.) as well as due to factors specific to the software configuration (defects, network faults, undetected errors in system and application software, networks and installations of third parties used by MobilityPlus), that among other things may cause the unexpected loss of the programs and/or data (even all of them),
  • a disruption to the ability to use the service as a result of maintenance, improvement and/or expansion works on the Network, the terminal or other MobilityPlus installations,
  • poor or incorrect use of the Services by the Client,
  • poor functioning of the charge point due to poor or incorrect use by the Client,
  • disruptions or quality defects that are due to the Client,
  • the possible temporary or permanent unavailability of services at charge points,
  • a failure of the automatic supply cable (for any reason) at a MobilityPlus Network location that prevents the Service from being provided.

Except in the event of fraud or gross negligence on the part of MobilityPlus or one of its appointees, or force majeure, the liability of MobilityPlus in general, and in any case where it could possibly be held liable, shall firstly be limited to a maximum of 250 euros, as well as limited to the repair only of the foreseeable direct, personal, material and specific damage suffered by the Client, excluding the rectification of all indirect and immaterial damage. Indirect damage shall include but is not limited to the following: any consequential loss, lost profits, financial or commercial losses, increase in general costs, increased personnel costs and damage caused by the loss of clientele.

Under no circumstances shall MobilityPlus, its management and employees be liable for conduct and the resulting damage to other Clients, external factors and/or third parties. If the Client compromises the liability of MobilityPlus by means of a contractual or non-contractual breach, he or she must take all necessary measures to indemnify MobilityPlus against any claims and damages it may incur as a result.

Under no circumstances shall MobilityPlus be liable if the Client uses a third-party application and/or software that has an impact on the operation of the charge point. The use of foreign applications and software shall always be at the Client’s own risk.

10. Force majeure

MobilityPlus shall not be bound by its obligations in the event of force majeure. This concerns any situation that was unforeseeable in advance, or that would have been insurmountable had it been foreseeable, as a result of which MobilityPlus is unable to fulfil its contractual obligations. Force majeure is interpreted in the broadest sense of the term and also includes acts by third parties. Force majeure that relieves MobilityPlus of its contractual obligations includes: war, embargoes, riots, blockades, civil disturbances, acts of violence, terror, technical power shortages due to the infrastructure at national or European level, strikes, fires, floods, explosions and natural disasters.

In the event of force majeure, all of MobilityPlus's obligations arising from this agreement will be suspended either in full or in part for as long as the situation of force majeure persists. MobilityPlus shall not be obliged to pay any form of compensation as a result.

As soon as it appears that the force majeure is of a lasting nature and will persist for more than ninety (90) days, each Party shall have the right to terminate the Agreement immediately, unilaterally and without further ado by means of a registered letter. Services that have already been provided by MobilityPlus will be charged to the Client on a pro rata basis in this case.

11. Right of revocation

Only a Consumer has a period of 14 days to revoke a Distance Contract with respect to the purchase of Services without giving any reason.
The 14-day period shall commence on the day the agreement was concluded. The Consumer must unequivocally inform MobilityPlus by email (at the address hello@mobilityplus.be) of his or her decision to withdraw from the purchase of the Services before the 14-day period has expired. The Consumer will then receive instructions on how to return the Charge Card to MobilityPlus at his or her own expense.

If the Consumer has initiated the provision of Services during the revocation period, he or she shall pay an amount that is either proportional to what has already been delivered at the time of the revocation compared to the full implementation of the contract or, where it is possible to identify them, that corresponds to the specific services that were purchased.

12. Transfer of the Services

At any time, MobilityPlus may transfer all or some of its rights and/or obligations arising by virtue of the Services to a third party without the Client’s consent. However, this transfer may not result in a reduction of the guarantees to the Client. This may take place without the Client’s consent and without any compensation being owed as a result.

The Client may only transfer his or her rights and/or obligations arising from the agreement to a third party, in whole or in part, provided he or she has the prior written consent of MobilityPlus and both the Client and the transferee have fully completed and signed the MobilityPlus transfer form intended for this purpose and delivered it to MobilityPlus.

13. Applicable law and disputes

These General Terms and Conditions and any disputes arising therefrom shall be governed exclusively by Belgian law.

Any dispute, disagreement or claim arising out of or relating to these conditions, or the non-fulfilment, termination or invalidity thereof, must be submitted exclusively to the competent court of the judicial district of East Flanders. However, if a Consumer is involved in the dispute, the court of domicile of (one of) the defendants shall have jurisdiction.

14. Invalidity

The invalidity, inapplicability or nullity of a provision or part of a provision of these General Terms and Conditions shall not affect the validity of the other provisions. Such a provision shall be regarded as autonomous in relation to these General Terms and Conditions, without affecting the validity of the remaining provisions. The disputed provision shall be deemed to stand on its own and to not be applicable. MobilityPlus shall be entitled to replace the provision concerned with a valid provision of equal effect. Titles and subtitles in this agreement have a purely illustrative value.

15. Other stipulations

MobilityPlus reserves the right to amend the General Terms and Conditions at any time. In this case, MobilityPlus will notify the Client of this change at least one (1) month before the amended General Terms and Conditions enter into force. If these changes are to the Client's detriment, the Client shall have the right to terminate the agreement with MobilityPlus, provided that notification is sent by registered letter no later than the last day of the month during which the amended General Terms and Conditions enter into force. This termination will not give rise to the right to any compensation or costs, subject to the payment by each Party to the other of all the sums owed in connection with transactions for the Services provided.