General Terms and Conditions Shore Power

GENERAL TERMS AND CONDITIONS OF CONNECT4SHORE BV WITH RESPECT TO THE USE OF SHORE POWER

Version 1.1 May 2023

The General Terms and Conditions set forth below apply to any supply of shore power by Connect4Shore B.V. This English translation is provided for convenience only. In the event of inconsistencies or conflicts between the original Dutch version and this translation, the Dutch version will prevail.

Article 1 – Definitions

In these General Terms and Conditions the following terms have the following meanings:

Provider:
The party providing Shore Power at public berths. There are several public or private parties that act as Provider in the various regions.

Customer:
The owner, skipper or shipping company using Shore Power for a Vessel.

General Terms and Conditions:
These general terms and conditions for the use of Shore Power.

Operator:
The company engaged by the Provider to perform the services with respect to the use of Shore Power, currently being Connect4Shore B.V. with corporate seat in Amsterdam.

Agreement:
The agreement on the supply and purchase of Shore Power, which agreement is formed with the Provider each time when the Customer connects to a Shore Power Connection.

Customer Page:
A web page within the Connect4Shore B.V. domain, which is accessible only to the Customer and where the Customer can view, provide and update personal details.

Vessel:
An inland waterway vessel as defined in Section 3 in Book 8 of the Dutch Civil Code, as well as a vessel of limited seaworthiness suitable for coastal navigation.

Helpdesk:
The Operator’s helpdesk, which can be contacted to start and stop Shore Power transactions, to ask questions and to report malfunctions. The Helpdesk’s current telephone number is +31 88 4685 440.

Usage Costs:
The Shore Power Tariff multiplied by the number of kWh used.

Shore Power:
Electricity supplied to a Vessel from a Shore Power Connection.

Shore Power Connection:
A numbered connection on shore with an electricity meter, to which the Customer connects the Vessel for the purchase of Shore Power.

Shore Power Tariff:
The kWh tariff (exclusive of VAT) set by the Provider for the use of Shore Power at the public berths it services, which tariff may differ per Provider (see Article 5 Paragraph 1 of these General Terms and Conditions); the amount of VAT due on the Shore Power used is calculated on the basis of the applicable VAT rate.

Shore Power Facilities:
The range of facilities required for the use of Shore Power, including transformer houses, Shore Power Connections, metering devices, etc.

Connect4Shore.nl:
The website which contains information about the use of Shore Power and which can be used for registration.

 

Defined terms importing the singular include the plural and vice versa.

Article 2 – Applicability of the General Terms and Conditions

2.1          These General Terms and Conditions apply to each Agreement.

2.2          The Customer is always bound by the most recent version of the General Terms and Conditions. The most recent version of the General Terms and Conditions is always published on and can be downloaded from Connect4Shore.nl and will be sent to the Customer by mail or email upon written request. This may incur a charge. The applicability of any general terms and conditions of the Customer is expressly rejected.

Article 3 – Use of Shore Power

3.1          The Customer can start the supply of Shore Power by following the procedure described on Connect4Shore.nl. The procedure can also be found in the Connect4Shore B.V. app.

3.2          The Customer is not permitted to use an adapter plug. The connection cable and plug should always be suitable for the type of Shore Power connection selected.

3.3          The Customer must comply with all national and local applicable laws and regulations. The purchase of Shore Power does not automatically mean that the Provider has given permission to use a berth. To be able to use a berth, the Customer must – if applicable – enter into a separate berth agreement with the Provider or apply for a permit or comply with any other applicable local rules.

3.4          The Customer bears the costs and consequences associated with any failure to stop a transaction or to stop a transaction in time, or associated with the use of Shore Power by third parties who have started a transaction using the Customer’s customer number rather than their own customer number or in another way. The Customer will be charged for any loss resulting from failure to stop a transaction or to stop a transaction in time.

Article 4 – Operation of the Shore Power service

4.1          The Provider has outsourced the performance of services relating to the use of Shore Power to the Operator. The services to be performed for Customers include:

–              registering the Customer and assigning a customer number and a Customer Page on Connect4Shore.nl;

–              answering questions and/or responding to comments from the Customer about Shore Power and the use of Shore Power;

–              managing and maintaining the Connect4Shore.nl website as well as the Connect4Shore app;

–              managing and maintaining the Helpdesk, which is available 24 hours a day, 7 days a week;

–              billing and collecting the Usage Costs and any other costs and charges.

4.2          The Customer is obliged to provide all necessary information and all cooperation to the Operator that is required for the Operator to perform the services with respect to the use of Shore Power. The Customer is responsible for the correct provision of information, whether or not via the Customer Page, such as company details, address details, mobile phone number/s, characteristics of the Vessel, and the bank account number from which direct debits will be made or the credit card details, so that amounts due can be collected. The Customer must immediately notify the Operator via the Customer Page of any changes to the above-mentioned details.

4.3          Customers must sign up once in the app or on the website. To access the app, a user must provide some personal data (including name, address, telephone number, billing details). The Operator processes the personal data that must be processed in the context of an Agreement in accordance with the General Data Protection Regulation (GDPR) and will comply with all obligations imposed by the GDPR on a ‘processor’.

4.4          A Customer who has already signed up for another service of the Operator does not need to sign up again to be able to use all other services of the Operator.

Article 5 – Shore Power Tariff

5.1          Each Provider sets the Shore Power Tariff for the berths it services.

5.2          The Shore Power Tariffs charged by each Provider are published on Connect4Shore.nl. The Providers of Shore Power are free to change the Shore Power Tariff on condition that prior notice is given of the new tariff on Connect4Shore.nl or via another medium frequently used by Customers. The Provider is responsible for communicating the correct tariffs. Typographical errors on Connect4Shore.nl do not give rise to liability on the part of Connect4Shore B.V.

5.3          The Customer owes a fee to the Provider for the use of Shore Power, consisting of the Shore Power Tariff multiplied by the number of kWh used by the Customer at the Shore Power Connection, plus VAT at the applicable rate. The Operator measures the number of kWh of electricity used with the metering device incorporated in the Shore Power Connection. The metering devices incorporated in the Shore Power boxes are integrating meters. In case of doubt about the accuracy of the measurement, the Operator’s records constitute conclusive evidence, unless the Customer provides proof to the contrary.

5.4          The costs of mobile and landline calls to the Helpdesk are those charged by the Customer’s telephone service provider. For information about the applicable rates, the Customer is referred to his telephone service provider.

Article 6 – Payment

6.1          The Operator charges the Usage Costs to the Customer on behalf of all Providers once a month by means of an itemized combined invoice. This invoice is issued to the Customer on the Customer Page. The Operator takes care of the breakdown and payment of collected fees to the various Providers.

6.2          The Customer must set up a direct debit mandate or provide a credit card authorization for payment of the Usage Costs. The amounts due are collected from the account number specified by the Customer. The Customer must always ensure that the account in question has sufficient funds or that the credit limit is sufficient to cover the payment. If the collection of Usage Costs is delayed or fails, the Customer will be in default by operation of law 30 days after the date on which the invoice should have been paid. The Customer will then be liable to pay statutory interest pursuant to Section 119a in Book 6 of the Dutch Civil Code. All legal and other costs and expenses that must be incurred with respect to the collection of any outstanding amount due by the Customer are and will be payable by the Customer. The obligation to pay an invoice is suspended or cancelled in the event of objections to the invoice. The Customer is not permitted to make any set-off in respect of amounts due.

6.3          If the Customer does not make payment on time and/or in full or at all, or instructs his bank to refund a direct debit, the Customer will be in default by operation of law. The Operator may exclude the Customer from any further use of Shore Power and may block the Customer’s Connect4Shore account:

1. in the event of repeated late or non-payment by the Customer;
2. if the Customer obtains court protection from creditors (surseance van betaling), is declared bankrupt or enters into a debt payment programme under the Dutch Debt Arrangement (Natural Persons) Act (Wet schuldsanering natuurlijke personen) or if an application to that effect is filed;
3. if a significant part of the Customer’s (business) assets is attached (seized);
4. if the Customer is placed under guardianship (curatele) or if the Customer’s property is placed under fiduciary administration (bewind);
5. if the Customer’s business is terminated;
6. if the Customer dies.

The Provider is not liable for the consequences of any refusal by the Operator to supply Shore Power to the Customer.

6.4          The Operator may charge costs to the Customer in respect of the blocking and unblocking of the Customer’s account for one of the reasons mentioned in article 6.3.

6.5          The Operator provides several services in addition to Shore Power, such as Drinking water, Port dues and Waste. Repeated late or non-payment by the Customer for one or more services may lead to a refusal of all Connect4Shore services or to the Customer’s account being entirely blocked. The account will be unblocked only after all outstanding amounts charged for services performed by or on behalf of the Operator have been paid.

Article 7 – Liability for disruptions in the supply of Shore Power

7.1          The Provider and the Operator will use all reasonable efforts to prevent any disruptions in the supply of Shore Power. The Customer is requested to report any defects, disruptions and damage to Shore Power Facilities detected by the Customer to the Helpdesk immediately.

7.2          The Provider is liable for any direct loss or damage suffered by the Customer only in the event of wilful intent or deliberate recklessness on the part of the Provider or the Operator or businesses engaged by them, with the proviso that the Provider’s liability is limited to one million euros per event. A series of connected events is considered a single event. Any liability for indirect loss or damage – including, without limitation, loss of profit and loss of sales – is excluded.

7.3          Disruptions in the power grid, in the supply of electricity to the Provider and/or in networks of the Customer’s (mobile) telephone service provider or internet service provider are at the Customer’s own risk and expense and not at the Provider’s and/or Operator’s risk and expense.

Article 8 – Liability

8.1          Subject to the limitations provided for by laws and regulations, the Customer is liable for any loss or damage suffered by the Customer himself and for any direct loss or damage (and therefore not for any consequential loss or damage) – including (without limitation) the costs of a contractor engaged to repair or remedy a defect or disruption caused by the Customer – suffered by the Provider, the Operator and/or third parties engaged by the Provider or the Operator as a result of improper use of Shore Power and/or the Shore Power Facilities, including (without limitation):

1. incorrect connection of the Vessel to or failure to disconnect or incorrect disconnection of the Vessel from the Shore Power Connection;
2. use of an adapter plug (of any type), a cable or a plug of a type that does not meet the safety standards for the relevant Shore Power Connection or that is rated for a lower amperage than that provided at the relevant Shore Power Connection;
3. failure to properly connect cables and/or plugs;
4. using more Shore Power at any time than the maximum permitted capacity of the relevant box;
5. connecting to Shore Power when there is an earth leakage or overload fault on the Vessel;
6. non-compliance with the applicable safety and/or other regulations for the Shore Power Facilities and/or the electrical system of the Customer’s Vessel.

8.2          The Customer indemnifies, defends and holds the Provider and the Operator harmless from and against liability for any loss and/or damage suffered by and costs incurred by third parties, arising from situations as mentioned or referred to in Paragraph 1 of this Article.

8.3          The Operator may exclude the Customer from any further use of Shore Power and may block the Customer’s Connect4Shore account in the event of improper use of Shore Power as referred to in Paragraph 1.

Article 9 – Severability

9.1          If any provision of these General Terms and Conditions is invalid, that provision will be deemed severable from and will not affect the validity of the remaining provisions.

9.2          If and to the extent that, in view of the circumstances, any provision of these General Terms and Conditions must be deemed unreasonably onerous, unacceptable according to the standards of fairness and reasonableness, or invalid, a provision will apply between the Provider and the Customer which, having regard to all the circumstances, is acceptable and most closely approximates the intent and effect of the provision deemed inapplicable in that case.

Article 10 – Governing law and competent court

10.1       These General Terms and Conditions are governed exclusively by Dutch law. The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply.

10.2       Any disputes arising out of the supply of Shore Power and/or the General Terms and Conditions will be submitted to the jurisdiction of the District Court in the court district where the Provider has its registered office, except if the dispute relates to the services provided by the Operator, in which case the District Court of Rotterdam has jurisdiction.