General Terms and Conditions
The purpose of these General Terms and Conditions (the “General Terms and Conditions”) is to define the terms and conditions that, together with the data requested in the electronic form (the “Form”) of the operator’s free App (the “E-GAP App”), govern the provision of services and form the contract (the “Contract”).
The acceptance of these General Conditions of E-GAP Germany GmbH (the “Operator” or “E-GAP”) is a necessary condition for the customer (the “Customer”) (i) to be registered in the E-GAP customer register (the “Register”) and (ii) to be able to use the electric charging service on the move E-GAP (hereinafter, the “Recharge Service”) and/or other additional services, better defined below (the “Additional Services”). Together, the Recharge Service and the Additional Services are also referred to as the E-GAP services (the “Services”).
- Completion of the Contract
The Customer agrees to receive – and the Operator agrees to provide – the Services according to the terms and conditions contained in these General Conditions.
Once the Customer has correctly filled in the Form on the E-GAP App with the required data, he/she can express his/her will to accept this Contract proposal by means of the appropriate button, without having to physically sign a paper document. The selection of the aforesaid button shall be deemed as reading and acceptance of these General Terms and Conditions by the Customer (the “Acceptance”).
The Customer will then receive by e-mail the notice of acceptance from the Operator within 10 (ten) days from the date of Acceptance, following the completion by the Operator of the appropriate checks on the information provided by the Customer.
Acceptance and communication of the means of payment by the Customer shall not entail any charge or cost: any Service eventually requested by the Customer shall, in fact, be charged (and invoiced) only upon completion of each Service request made through the E-GAP App or, if applicable, through the E-GAP Customer Service.
- Modification of the Terms and Conditions
The Operator may, at any time, update, supplement and/or amend these General Terms and Conditions in order to adapt them to a change in the legal situation, rulings of supreme courts or market conditions or to adapt them to technical requirements. Any changes to these General Terms and Conditions shall be published immediately in the E-GAP App and communicated directly to all Customers entered in the Customer Register via the e-mail provided upon registration. The Customer has 1 (one) week from receipt of the notification to object to the changes. If the Customer does not object within this period, this shall be deemed a declaration of consent to the amendment of the General Terms and Conditions. The changes shall enter into force after the expiry of 1 (one) week from notification of the changes by the Service Operator to the Customer, unless the law or mandatory administrative regulations provide otherwise.
If the Customer does not accept the new General Terms and Conditions and objects to them, he/she may terminate the Contract at any time and without charge by notifying the Operator under the conditions set out in Article 12.
The Customer also undertakes to communicate any changes in his/her data to enable the Operator to update the Register.
4. Intuitu personae
Service orders placed by the Customer are personal and non-transferable, neither against payment nor free of charge.
The Customer may therefore never substitute – even temporarily – others for him/herself in the exercise of the rights arising from this Contract and its General Terms and Conditions.
5. Discipline of Services
In order to access the Services, the Customer must first (i) have downloaded the latest version of the E-GAP App and properly registered, (ii) have accepted and (iii) have agreed to the terms and conditions contained in these General Terms and Conditions.
In particular, the provision of Services will be activated at the time of the order and will end once the requested Service has been provided.
For each Service requested, the Customer shall comply with the provisions of the Contract and pay the price in accordance with the conditions set out in Article 7.
The Customer may request the provision of Services within the perimeter of the operational areas defined by E-GAP, on the days and during the service hours active at the time of the order. Unless otherwise specified for certain Services, E-GAP’s operational areas can be consulted at any time at www.e-gap.com or on the E-GAP App.
Furthermore, the Services may not be provided by the Operator if the Customer’s vehicle is parked in such a way as to prevent the Operator’s operators from properly performing the Services and in particular, by way of example but not limited to, on motorways, in tunnels or in any other area where parking is prohibited or where vehicle access is manifestly impossible.
The Operator will accept and perform the requested Services always respecting the priority of the orders received, according to the availability of the E-GAP van fleet.
6. Subscription requirements
The Customer’s registration in the Register shall be deemed acquired when the Operator sends the confirmation e-mail to the address indicated by the Customer during registration.
The Operator reserves the right to refuse the Customer’s Acceptance on the basis of its unquestionable assessment of the Customer’s solvency, subject to appropriate verification.
The Operator, following Acceptance, shall proceed with the registration of the Customer in the Register.
7. Duration and Termination
The enrolment in the Register shall be deemed effective from the date of its communication by e-mail to the Customer by the Operator. The withdrawal from this Contract by either party – or the termination by right of the Contract itself – entails the automatic loss of the status of Customer, with the related termination of any relationship – directly and/or indirectly – connected or related to the Services.
The Operator may, at any time, terminate this Agreement in accordance with Article 12.
The Customer may exercise his/her right to withdraw from the Contract and its General Terms and Conditions at any time via the “Delete Account” button on the E-GAP App. The Customer may also exercise his/her right of withdrawal by revoking the proposal even before receiving the notice of acceptance from the Operator.
8. Services and tarifs
8.1 Recharge service
The E-GAP Electric Mobility Recharge Services that can be requested by the Customer are identified on the basis of the duration of the provision of electric recharging and a maximum limit of kWh that will be provided in that time period. The Recharge Services offered by E-GAP are the following:
- SMALL: a Recharge Service of a maximum duration of 30 (thirty) minutes, with an energy supply of up to 10 (ten) kWh;
- MEDIUM: a Recharge Service lasting up to 45 (forty-five) minutes, with a energy supply of up to 20 (twenty) kWh;
- LARGE: a Recharge Service of a maximum duration of 60 (sixty) minutes, with an energy supply of up to 30 (thirty) kWh.
The intervention time – i.e., the maximum time between the order and the start of the recharge – for all Reload Services is (i) within 90 (ninety) minutes, or (ii) within 360 (three hundred and sixty) minutes.
The charging time starts from the moment the E-GAP system starts to deliver energy, after having connected the charging cable to the Customer’s vehicle. The Operator shall supply energy for the duration of the Charging Service requested by the Customer until the maximum limit of kWh provided for that time period is reached (10 kWh up to 30 minutes, 20 kWh up to 45 minutes, 30 kWh up to 60 minutes). The Recharge Service requested by the Customer may last less time than foreseen if the maximum number of kWh that can be provided is reached in advance; in this case, the Recharge Service shall end when the maximum number of kWh is reached and not at the end of the initially foreseen recharging time. Vice versa, once the maximum duration of the Recharge Service requested by the Customer has been reached, the Recharge Service shall terminate even if the forecasted kWh have not been fully supplied.
The recharge is therefore considered to have been regularly performed when the maximum number of kWh has been reached or when the maximum duration of the Recharge Service requested by the Customer has been reached.
The Operator may notify the Customer, through the e-mail address provided at the time of registration in the Registry or through the E-GAP App, of any Additional Services: some Additional Services are provided exclusively during the provision of the Recharge, they are therefore considered as accessories to the Recharge Service and cannot be booked separately from the latter.
In particular, the following are Additional Services: Emergency Recharge Service.
8.2.1 Emergency Recharge Service the Operator offers an Emergency Recharge Service for Customers with no remaining autonomy (low battery), carried out with the shortest intervention time (i.e. the time between the service request and the start of the recharge) compatible with the availability of a free E-GAP van and which includes (i) the Start&Go service, which allows reactivating an electric car that has ignition problems, for example because it has been stationary for too long, and (ii) a recharge with a maximum duration of 30 (thirty) minutes and a power supply of up to 5 (five) kWh.
The Emergency Recharge Service is accessible exclusively via the dedicated toll-free number 089-200006910 also reachable through the appropriate button on the E-GAP App.
The Emergency Recharge Service can be requested and provided in a wider operating area than the one where the other Services are provided, but always excluding freeways, highways, tunnels or any other area where the stopping or parking of vehicles is prohibited or where vehicle access is clearly impossible.
8.3 Other services
The Operator also offers other services that can be provided to the Customer by a third party – partner of E-GAP – independently from the request for a Recharge Service.
In particular, these other services include the roadside assistance service.
8.3.1 Roadside Assistance Service: the Operator offers an additional Roadside Assistance Service provided by a third party Operator, which is E-GAP’s partner in the roadside assistance sector.
With the Roadside Assistance Service the Customer can request (i) the on spot repair of a punctured wheel with a spare tire, (ii) the on spot repair to recover the keys, (iii) the towing on ordinary road and (iv) the towing on highway.
Access to the Roadside Assistance Service is the same as when requesting the Emergency Recharge Service. However, the Roadside Assistance Service can be activated nationwide.
- 4 Tarifs
The charges for the Services offered by the Operator are set out in Annex 1.
The Operator may update the fees at any time. Any change in tariffs shall be communicated to the Customer by direct notification to the e-mail address provided at the time of registration with the Registry and shall also be published on the E-GAP App.
9. Service request and reservation
The methods of booking and requesting the Services offered by the Operator are indicated in the E-GAP App. The methods for booking and requesting Services may differ from one Service to another and are made: (i) via the E-GAP App or (ii) by calling the toll-free number 089-200006910.
The Customer acknowledges that these are the only ways to access the Services and therefore undertakes to strictly comply with them.
10. Promotions, Agreements and Subscriptions
According to the Operator’s promotions or specific commercial agreements with third parties, the Customer may benefit from promotions, discounts, prepaid vouchers, special rates and/or subscriptions for the use of the Services.
The Customer can take advantage of the above-mentioned promotions, discounts, prepaid vouchers, preferential rates and/or subscriptions by following the appropriate indications directly in the E-GAP App.
In order to use the subscription services – and possibly certain promotions, conventions or agreements – the Customer may be required to accept particular additional conditions, in addition to these General Terms and Conditions and the Form. The subscription contract – read, signed and accepted by the Customer – shall be supplementary to these General Terms and Conditions and subject to compliance therewith; the subscription contract shall therefore be ancillary to the Contract.
11. Invoicing and payment conditions
The payment system (credit card, prepaid card, PayPal or other) communicated by the Customer at the time of registration shall be the normal method of payment for the Services. The total amount of the Services requested by the Customer and provided by the Operator shall be invoiced and charged to the Customer after each Service.
If payment is rejected by the system for a debit, the Operator shall inform the Customer of the non-payment. In this case, the Operator reserves the right to suspend the provision of Services to the Customer until the sums due are paid in full, or to refuse to provide the requested Service. For Emergency Recharge Services and Roadside Assistance Services ordered by telephone, in the event of late payment or partial payment, the Operator may, after giving the Customer a formal notice of payment, charge the legal interest from the date of the formal notice.
Each Service is the subject of a single detailed invoice, issued within 24 hours of its provision.
The invoice is issued by the Operator in electronic format and is sent to the Customer – as a courtesy copy – to the e-mail address communicated during registration in the Register.
12. Termination of the Contract
The Operator reserves the right to terminate the Contract and these General Terms and Conditions by sending a notice in writing to the Customer by means of – alternatively – certified electronic mail (PEC), e-mail or registered letter with acknowledgement of receipt to the addresses provided by the Customer at the time of registration in the Register, in the following cases:
- if the Customer is under 16 years of age at the time of registration in the Registry or ordering the Service
- the use of false credentials and documents – or in any case not traceable to the Customer – at the time of registration in the Register and/or ordering the Services offered by the Operator, including the indication of promotions, conventions and subscriptions that the Customer is not entitled to;
- failure to pay for the Services after formal notification by the Operator;
- failure to pay the applicable lump sum compensation as set out in Article 13 below and Annex 2 of this Agreement.
In the event of disagreement, the Customer may terminate this Contract free of charge by notifying the Operator:
- by registered letter with acknowledgement of receipt sent to the addresses indicated in Article 18 of these General Conditions; or
- directly via the “Delete Account” button on the E-GAP App.
13. Disclaimer of Liability / Liquidated Damages
The liability of the Service Operator for damage to the Customer, regardless of the legal grounds, is excluded. Sentence 1 shall not apply if the breach of obligation on the part of the Service Operator is due to wilful intent or gross negligence, or if it relates to injury to life, limb or health or to breach of material contractual obligations. Material contractual obligations are obligations the fulfilment of which makes the proper performance of the contract possible in the first place and on whose fulfilment the Customer regularly relies and may rely. However, damages for breach of material contractual obligations shall be limited to the foreseeable damage typical for this type of contract.
Furthermore, it shall not be liable for changes in the manner, timing, hours and/or conditions of provision of the Services and in the event of suspension, interruption or other unavailability of the Services resulting from circumstances related to technical equipment and telecommunications information systems beyond the Service Operator’s control.
Furthermore, any liability of the Operator for failure to provide the Services and/or for any damage attributable to the malfunctioning of the Customer’s vehicle is excluded.
The Customer also expressly agrees that the provision of the Services will not be ensured by the Operator if the Customer’s vehicle is not parked properly. In addition, the Services may not be supplied by the Operator if the Customer’s vehicle is parked in such a way as to prevent the Operator’s operators from properly performing the Services without obstructing traffic, compromising safety or causing a breach of traffic laws and, in particular, but not limited to, on motorways, in tunnels or in any other area where parking is prohibited or access to vehicles is manifestly impossible.
The Operator reserves the right to apply to the Customer the lump-sum compensation indicated in Annex 2 upon the occurrence of the cases provided for therein and regulated by the Contract, without prejudice, in any event, to compensation for greater damages.
14. Force majeure
It is excluded any liability of the Operator for failure to fulfill – in whole or in part – the obligations undertaken due to force majeure events. It is considered an event of force majeure any event beyond the control of E-GAP, such as, but not limited to: strikes, transportation stoppages, traffic interruptions, acts of the State and Public Authorities, administrative and legal restrictions, fires, floods, epidemics or pandemics, armed conflicts, explosions, mobilizations, riots, strikes, industrial disturbances, shortages of raw materials, lack of electricity, interruption of telephone lines, lack of fuel oils and others
Without prejudice to the aforementioned cases that make it impossible to provide the Services for reasons attributable to the Customer, if, on the other hand, the Operator is unable to provide the Service within the scheduled time, the Customer will be notified and may choose whether to:
- accept the delay in providing the Service;
- proceed with a new reservation of the Service;
- cancel the order for the Service at no cost.
The Operator reserves the right, in fact, to accept the Services requested by the Customer respecting the priority of the orders already received and according to the availability of the E-GAP vans.
16. Personal data
17. Governing law and Jurisdiction
These General Terms and Conditions shall be governed by and interpreted in accordance with German law.
18. Comunications and Notifications
Any communication required or permitted by the provisions of this Contract shall be made in writing by, alternatively, certified electronic mail or by certified mail, return receipt requested, and shall be addressed to E-GAP as follows:
E-GAP Germany GmbH
Rosenheimer Straße 143c | 81671 Munich
Customer Service phone number: 089-200006910
or to such other address or certified mailbox as the Service Operator may notify to the other Party in accordance with the foregoing.
Any communication or notice required or permitted by this Contract shall be deemed to have been effectively and validly given (i) on the date of receipt, if sent by certified electronic mail, or (ii) on the date indicated in the acknowledgement of receipt, if sent by registered mail.
Annex 1 – Current tariffs
Recharge Service Fees
|Within 1,5 hour||Within 6 hours|
Duration (**): 30 minuts
Max Energy (***): 10 kWh
Duration (**): 45 minuts
Max Energy (***): 20 kWh
Duration (**): 60 minuts
Max Energy (***): 30 kWh
Prices include VAT
(*) Intervention time: maximum time between the service request and the start of the recharge.
(**) Maximum duration: actual time of the charging service from the connection of the E-GAP van to the Customer’s vehicle to be recharged.
(***) Energy supply: maximum amount of energy deliverable for the maximum duration chosen by the Customer.
The price of the Recharge Service will be defined according to:
- the level of urgency;
- the duration of the recharge (30, 45 or 60 minutes).
Emergency Recharge Service Rates
The Emergency Recharge Service is offered at a cost of €75.00, VAT included.
Roadside Assistance Service Rates
The cost of the Roadside Assistance Service varies according to the intervention required and is offered at the prices available in the Rates section.
|TYPE OF INTERVENTION||RATES|
|On spot repair for punctured wheel with spare wheel||€ 122,00|
|On Spot Repair to recover key||€ 122,00|
|Towing on ordinary roads (including 30 km from the place of detention to the destination)||€ 134,20|
|Kilometres (round trip) on ordinary roads in excess of the 30 km included, to be paid directly by the Customer to the tow truck driver providing the service||€ 0,96/km|
|Motorway towing (including 30 km from place of detention to destination)||€ 146,40|
|Kilometres (round trip) on the motorway in excess of the 30 km included, to be paid directly by the Customer to the tow truck driver providing the service||€ 1,10/km|
Prices include VAT
Annex 2 – Liquidated Damages
The Service Operator reserves the right to charge the Customer the following liquidated damages in the cases provided for and regulated by the Contract, without prejudice – in any case – to the assertion of a claim for compensation for greater actual damages.
The Service Operator shall inform the Customer by push notification, e-mail or telephone of any difficulties encountered in providing the requested service, after having carefully assessed the service in question. If it is not possible for the Service Operator to provide the service for reasons for which the Customer is responsible (e.g. because the Customer’s vehicle is not at the location specified when booking the service), the Service Operator shall be entitled, after a grace period of 5 (five) minutes from the Customer’s notification, to charge the Customer the following assessed damages – via the payment method specified at the time of registration:
- €10.00 (ten/00 euros), VAT included, if it is not possible to perform the requested Service due to a fact and fault attributable to the Customer;
- € 5.00 (euro five/00), VAT included, if the Customer cancels the Service request before the arrival of the recharge vehicle at the indicated location;
- €26.00 (euro twenty-six/00), VAT included, in the event that the Operator of the Additional Roadside Assistance Service requested by the Customer cancels the Service.
Liquidated damages will be higher or lower if the Service Operator proves to have suffered greater damage or if the Customer proves to have suffered no damage or significantly less liquidated damages.
Failure to pay the assessed damages may result in suspension of the Contract and/or termination of the Contract in accordance with Article 12. The relevant amounts shall be collected by the Service Operator in accordance with the provisions of the law.