General terms and conditions for ŠKODA Connect

I. Scope

1. ŠKODA AUTO a.s., tř. Václava Klementa 869, Mladá Boleslav II, 29301 Mladá Boleslav, Czech Republic (Reg. No.: 00177041), recorded in the commercial register at the Municipal Court in Prague under No. B 332 (hereinafter referred to only as “ŠKODA AUTO”) provides Mobile Online Services (“ŠKODA Connect”) for certain ŠKODA brand Vehicles (“Vehicle”).

2. These general terms and conditions of use for ŠKODA Connect (“GTCs”) govern the rights and obligations of ŠKODA AUTO and the owner or authorised user of the Vehicle (“Customer”) when Ordering (entering into a contract for the use of ŠKODA Connect), setting up and using ŠKODA Connect. The Vehicle itself and its equipment are governed exclusively by the terms and conditions in the Vehicle Order (purchase, leasing or rental contract).

3. In order to use ŠKODA Connect, the Customer has to:

› create a user account at the ŠKODA Connect Portal of ŠKODA AUTO (www.skoda-connect.com; “ŠKODA Connect Portal”) (Section II),

› enter into a contract on the use of ŠKODA Connect with ŠKODA AUTO for every Vehicle owned or used by him/her at the ŠKODA Connect Portal (“Order”; Section III),

› perform a one-off connection process to link the Vehicle to the user account after completing the Order (“activation”; Section IV).

4. The following applies for the first Mobile Online Service Order for a new Vehicle: The Mobile Online Service Order for the Vehicle (see Section VII) must be completed within 90 days of the Customer receiving delivery of the Vehicle (“Initial Order Period”). Otherwise, the term of the services (see Section XI.1) shall be reduced by the number of days between the end of the Initial Order Period and the Order actually being placed.

5. ŠKODA AUTO reserves the right to amend these GTCs. Any amendments to these GTCs shall only be effective for the Customer if the Customer has received an email notifying him/her of these amendments at least six (6) weeks before they are due to take effect. The amendments shall become part of these GTCs provided that the Customer has not submitted a written objection within three (3) weeks of receiving the notification according to the instructions stipulated in the notification of the amendments to the GTCs and provided that the Customer’s notification from ŠKODA AUTO contains explicit information regarding these consequences. Should the Customer object to the amendments in good time, the amendments shall not be effective for the Customer. In this case, ŠKODA AUTO shall be entitled to terminate the contract regarding the use of ŠKODA Connect with notice of 14 days, and do so within one (1) month of delivery of the objection.

II. ŠKODA Connect user account

1. For the user account, the “User Account Terms and Conditions”, which the Customer accepted at his/her registration, shall apply.

2. To Order and use ŠKODA Connect, the Customer must create a user account at the ŠKODA Connect Portal.

3. ŠKODA AUTO shall provide such user account to the Customer free-of-charge.

III. Order of ŠKODA Connect

1. By registration at the ŠKODA Connect Portal, the Customer may via their user account order the Online services and at the same time enters into a contract for ŠKODA Connect with ŠKODA AUTO.2. For correct creation of the Order for ŠKODA Connect, the Customer must enter the Vehicle’s VIN.

3. ŠKODA AUTO then sends the Customer an email to the email address entered for the user account; this email confirms the receipt of the Order by ŠKODA AUTO and lists individual details concerning the Order (“Order Confirmation”). The Order Confirmation represents ŠKODA AUTO’s acceptance of the Customer’s invitation; upon delivery of the Order confirmation to the Customer’s email address, the ŠKODA Connect contract shall be entered into with ŠKODA AUTO.

4. The Customer may withdraw from the ŠKODA Connect contract without stating any reason within fourteen (14) days after entering into such contract. The advice of withdrawal and the withdrawal form template shall be sent to the Customer with the Order confirmation (in Annex 1).

IV. Activation

1. Once the Customer has completed the first Order to use ŠKODA Connect in a particular Vehicle, the Customer must then activate ŠKODA Connect. As a result of the activation process, the Vehicle will be connected to the Customer’s user account.

2. The activation of the given Vehicle and the necessary steps shall be available to the Customer at the ŠKODA Connect Portal. If the Vehicle is equipped with a factory-fitted navigation system or a service-compatible radio, the Customer completes the activation process as follows:

› The Customer remembers or makes a note of the 8-digit registration code (“Registration Code”) displayed on the screen.

› The Customer enters the Registration Code into the Vehicle’s navigation system / radio within 14 days of entering into a contract for the use of ŠKODA Connect.

› The Customer waits until the navigation system / radio display shows the message that activation has been successfully completed.

For full function of some services, which allow remote control of the Vehicle, it is necessary after activation to also validate the data entered by the Customer. This validation may be done by any ŠKODA authorised dealer.

V. ŠKODA Connect

1. The ŠKODA Connect services are described in the Vehicle configurator, in printed communication materials and on the ŠKODA Connect Portal. The ŠKODA Connect services that may be used by the Customer are governed by the individual services available in the given country and the specific Vehicle model, model year and Vehicle equipment. The details are available to the Customer at the ŠKODA AUTO / importer websites and in the relevant owner’s manual.

2. ŠKODA Connect may be used through:

› the factory-fitted navigation system in the Vehicle,

› the emergency call control unit also intended for selected ŠKODA Connect services,

› the ŠKODA Connect Portal, and

› the mobile software applications (“applications”, depending on whether they are available); furthermore, the terms and conditions agreed upon during download/purchase or update of the application (End User License Agreement) also apply.

3. Further development of automotive equipment and information technology and services based on the Internet may require the modification and further development of ŠKODA Connect according to the new technical options and change in the behaviour of the Customer. Within this framework, ŠKODA AUTO reserves the right to modify ŠKODA Connect in a manner acceptable to the Customer.

4. ŠKODA AUTO shall take all possible measures to achieve permanent availability of ŠKODA Connect, and in case of failures, it shall ensure their immediate remedy. For reason of force majeure (e.g. wars, natural disasters, bad weather) or on the basis of necessary maintenance, repairs or other actions on the technical devices of ŠKODA AUTO or the technical devices of third parties, which provide data, content, information or transmission capacity, nevertheless, temporary failures may occur, which cannot be prevented, interruption of operations or reduction of performance (speed) of ŠKODA Connect. Furthermore, the intensive parallel use of ŠKODA Connect may lead to the reduction of speed and response of the system and other individual services.

5. In the event of technical failures or problems, the Customer may contact ŠKODA AUTO Customer care. The Customer will find the contact details on the ŠKODA Connect Portal.

VI. Data connection

1. ŠKODA Connect requires

a mobile data connection between the Vehicle and the ŠKODA AUTO (“data server”), and

when using the ŠKODA Connect services via the ŠKODA Connect Portal or application, also a data connection between the (mobile) Customer’s device (smartphone, tablet, PC, etc.) and a data server.

VII. Data connection between the Vehicle and the Data Server for Care Connect

1. Establishment of the data connection between the Vehicle and the data server for the ŠKODA Connect package included in Care Connect is a component of the services provided by ŠKODA AUTO. At the same time, a data connection is established via a factory-fitted SIM card in the Vehicle. The Customer does not require any special contract with a mobile operator; he/she does not pay any charges for connection and roaming.

2. The Care Connect package is dimensioned in such a manner that the data connection between the Vehicle and data server shall function independently of the country to which the Vehicle has been exported for the first registration. The ŠKODA Connect services are described in the Vehicle configurator, in printed communication materials and on the ŠKODA Connect Portal. The availability of the services in the individual countries also depends on the model, model year and Vehicle equipment.

3. The functioning and performance (speed) of the mobile data connection between the Vehicle and the ŠKODA AUTO Data Server depend on a range of factors that lie outside the sphere of influence and responsibility of ŠKODA AUTO. This includes in particular:

› Sufficient mobile reception at the Vehicle’s location;

› Disruptions, adverse effects or interruptions to the mobile reception caused by tunnels, garages, underpasses or other interfering influences (weather conditions such as storms, jamming equipment, buildings, bridges or hills, high usage levels in the mobile network for the cell in question, etc.).

VIII. Data connection between the Vehicle and the Data Server for Infotainment Online services

1. The data connection between the Vehicle and the ŠKODA AUTO data server for ŠKODA Connect which are included in the ŠKODA Connect – Infotainment Online package and the data connection between the Customer device and the data server when using ŠKODA Connect through the ŠKODA Connect Portal or the applications are not components of the performance provided by ŠKODA AUTO.

2. In order to establish a data connection between the Vehicle and the Data Server for ŠKODA Connect – Infotainment Online, the Customer has to connect a SIM card with an activated data plan and a valid mobile network contract to the factory-fitted navigation system in the Vehicle. Notes on how to connect a SIM card to the navigation system can be found in the operating instructions for the Vehicle or the navigation system.

3. For the data connection according to this Section, the exclusive conditions contracted with the mobile operator apply. Usage may result in additional costs. This applies particularly with regard to the arising connection and roaming fees. Such costs lie outside the sphere of influence and responsibility of ŠKODA AUTO.

IX. Usage fees / prices, right to withdraw

1. The initial Order for ŠKODA Connect for a new Vehicle is free-of-charge for the Customer and is subject to the conditions stipulated in the Vehicle Order. For all subsequent Orders, a flat-rate usage fee shall be paid at the start of the agreed term for the entire duration of the service term; the prices listed on the ŠKODA Connect Portal shall apply. Payment can be made using the payment methods listed on the ŠKODA Connect Portal.

2. If the payment has not been made within the payment period specified in the Order Confirmation, ŠKODA AUTO shall send the Customer an email containing a payment reminder. If ŠKODA AUTO fails to detect receipt of payment by the subsequent deadline set in the payment reminder, it reserves the right to withdraw by email from the Order / from the ŠKODA Connect contract.

X. Term

1. The contract regarding the use of ŠKODA Connect shall be valid for the term agreed in the Order (“Service Period”).

2. The following applies for new Vehicles: If the Customer fails to place the Order within 90 days of taking delivery of the Vehicle (“Initial Order Period”), the Service Period shall be reduced by the number of days between the end of the Initial Order Period and the Order actually being placed.

3. The Service Period is linked to the Vehicle and is displayed in the Customer’s user account.

4. At the end of the Service Period, the contract regarding the use of the ŠKODA Connect shall end automatically without ŠKODA AUTO or the Customer having to terminate the contract.

5. ŠKODA AUTO shall send the Customer an email to remind him/her about extending the contract in good time prior to the end of the Service Period. For this purpose, the Customer may place a new Order for ŠKODA Connect on the ŠKODA Connect Portal for the subsequent period.

XI. Termination, transfer of contract

1. The right to terminate the contract regarding the use of ŠKODA Connect is excluded during the Service Period. The right to extraordinary termination of the contract for a serious reason corresponding to substantial breach of contractual duties by any of the Parties is not affected by this.

2. ŠKODA AUTO reserves the right to transfer the contract regarding the use of ŠKODA Connect (without changing the contractual provisions in any other respect) to another company within the Volkswagen Group; the Customer already provides Volkswagen AG with their consent for this purpose. If the ŠKODA Connect contract is transferred, ŠKODA AUTO shall notify the Customer in writing.

XII. Usage rights, use of data

1. The Customer receives the non-exclusive right to use ŠKODA Connect during the Service Period and the related content and information for an unlimited period of time.

2. ŠKODA AUTO shall protect the Customer’s personal data and use them, pursuant to prior and express consent by Customer, exclusively to fulfil this ŠKODA Connect contract, in compliance with the applicable generally binding legal regulations; details for the Customer are given in Annex 2, Declaration on protection of personal data acquired through the service. For other data, particularly technical data, including geographic coordinates and data regarding determination of Vehicle status (e.g. kilometres, condition of diagnosed Vehicle components,…) or anonymised data, the customer of VW AG grants exclusive, unrestricted in time and content, transferable and licensed right to use.

XIII. The Customer’s responsibilities

1. The Customer undertakes to ensure that the use of ŠKODA Connect does not violate the provisions of these GTCs, legal requirements, third party rights or moral standards. This shall also apply if they grant third parties access to ŠKODA Connect or the Vehicle.

2. If a third party (e.g. a family member or one of the Customer’s employees) uses the Vehicle, the Customer must take suitable measures (for example, obtaining the third party’s consent) to ensure that the Customer’s access to ŠKODA Connect does not infringe any third party rights. It is important to note that the Customer shall receive access to information about the Vehicle and therefore (indirectly) about the third party (user conduct, location, etc.).

3. Via the “Vehicle Health Report” Mobile Online Service, the Customer shall be allowed to see some current warnings or error reports from the Vehicle, which are however only for orientation. The Customer is further obliged to act exclusively according to the warnings and error reports in the Vehicle.

4. In the event of a culpable violation of the obligations in this article, the Customer shall be liable for the reimbursement of all damage suffered by ŠKODA AUTO, and undertakes to release ŠKODA AUTO from any claims of third parties arising from such violations.

XIV. ŠKODA AUTO’s responsibilities, liability

1. ŠKODA AUTO is not responsible for ensuring that the data, content and information provided by third parties for ŠKODA Connect are up-to-date, correct, complete and/or of good quality. ŠKODA AUTO shall not check or modify the content of any such data, content and information.

2. ŠKODA AUTO is not responsible for damages incurred as a result of incorrect use of ŠKODA Connect. This applies particularly if the Vehicle’s driver is distracted from the traffic during the journey as a result of using the ŠKODA Connect and this leads to an accident.

3. ŠKODA AUTO is not responsible for any damages that are incurred if the Customer has selected an unsuitable password or has not kept the password safe in violation of the Terms of Use for the User Account or any damages caused by a third party to whom the Customer has granted access to ŠKODA Connect (see Section XIII.2).

XV. Permanent transfer of the Vehicle

1. The contract regarding the use of ŠKODA Connect is always linked to one specific Vehicle and cannot be transferred from one Vehicle to another. When selling the Vehicle or transferring it to a third party (“Buyer”) on a permanent basis, the Customer is therefore required to,

› delete his/her personal data from the Vehicle;

› remove his/her hardware (SIM card) from the Vehicle unless the Customer wants to give it to the Buyer with the Vehicle;

› delete the Vehicle from his/her user account on the ŠKODA Connect Portal.

2. The Buyer can use ŠKODA Connect once they have opened a user account (Section II), placed an Order for ŠKODA Connect (Item III), and activated the services (Section IV). At the same time, the Buyer gets a licence for the services related to the given Vehicle.

3. The effectiveness of the transfer of the contract regarding the use of ŠKODA Connect to the Buyer is subject to approval by ŠKODA AUTO, which may only be refused for a good reason related to the person of the future Buyer; Order confirmation as per Section VII.2 is considered as ŠKODA AUTO’s consent to the transfer of the contract.

XVI. Place of jurisdiction, applicable law

1. The sole place of jurisdiction for all claims resulting from and relating to the contract regarding the use of ŠKODA Connect and in relation to it is the general court with jurisdiction in the area in which ŠKODA AUTO has its seat, provided the Customer is a legal entity.

2. If the Customer is a consumer, ŠKODA AUTO is only able to take legal action against the Customer at the court responsible for his/her domicile or normal place of residence; the Customer is able to take legal action against ŠKODA AUTO at the court responsible for their domicile or normal place of residence and at any legally approved place of jurisdiction.

3. For all disputes resulting from or in relation to the contract regarding the use of ŠKODA Connect, the law of the Czech Republic shall apply exclusively; application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. Notwithstanding this regulation, if the Customer is a consumer, the law of the country in which the consumer’s domicile or normal place of residence was located when the contract was concluded shall apply.

XVII. Severance clause

If the individual provisions of this contract are or become invalid, the validity of the remaining provisions shall not be affected. The invalid provisions shall be replaced by provisions as close as possible to the commercial purpose of the original provisions that reasonably preserve the interests of both parties.


Annex 1

Cancellation policy

Right of cancellation

You have the right to cancel this contract within fourteen (14) days without having to specify a reason. The withdrawal period is 14 days from the day the contract is concluded. To exercise the right of cancellation of the contract, please contact the Customer care department (for the contact details please see the ŠKODA Connect Portal) by one-off declaration (e.g. letter sent by post or email) of your decision to cancel this contract. For this purpose, the usage of the appropriate attached form template is recommended.

In order for you to exercise your right of cancellation within the cancellation period, you must send your notification prior to expiry of the cancellation period.

Consequences of cancellation

If you cancel this contract, ŠKODA AUTO must immediately reimburse all received payments from you, including delivery costs (with the exception of additional costs incurred if the Customer selects a different type of delivery from the standard economy option), at the latest within fourteen (14) days of us receiving your notification of cancellation of this contract. ŠKODA AUTO will use the same payment method for this repayment as you used for the original transaction, unless another option is explicitly agreed with you; under no circumstances will you incur any charges relating to this repayment.


Cancellation form template

If you want to cancel the contract, please complete this form and send it to the Customer care department shown on the ŠKODA AUTO websites.

I/we(*) as a natural person (consumer) hereby cancel the contract for purchase of ŠKODA Connect services (with the exception of emergency call services)

for the Vehicle with VIN (Vehicle Identification Number) (**):

________________________________________

Ordered on (*) / received on (*):

____________________

Customer’s name:

________________________________________

Customer’s address:

______________________________________________________________________

Customer’s signature (only if a hard copy is sent):

________________________________________

Date:

____________________

(*) Delete as applicable.


(**) You can find the VIN on the bottom edge of the windscreen and in the Vehicle registration documents.