GENERAL TERMS AND CONDITIONS
The purpose of these general terms and conditions (the “Terms and Conditions”) is to define the terms and conditions which, 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”).
Acceptance of these General Terms and Conditions by Green Arrow Power Spain S.L. (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 use the E-GAP mobile electric charging service (hereinafter the “Service of Recharge”) and/or other additional services, better defined below (the “Additional Services”).
2. Acceptance and commitment of the parties
The Customer undertakes to receive – and the Operator undertakes to provide the Services of Recharge and the Additional Services – in accordance with the terms and conditions contained in these General Conditions.
Once the Customer has correctly filled in the E-GAP App Form with the requested data, he/she will be able to express his/her willingness to accept this contract proposal through the corresponding registration button, without having to physically sign a paper document. The selection of the aforementioned button will have the value of reading, accepting and signing these General Terms and Conditions by the Customer (the “Subscription”).
The Customer shall receive by e-mail the Operator’s communication of acceptance within 30 (thirty) days from the date of Subscription, after the conclusion by the Operator of the appropriate verifications related to the information provided by the Customer.
The Subscription and the communication of the means of payment by the Customer shall not entail any charge or cost whatsoever. The Services that may be requested by the Customer will be charged and invoiced at the time of completion of each Service request made through the E-GAP Application or, where applicable, through the E-GAP customer service.
3. Modification of terms and conditions
The Operator may, at any time, update, supplement and/or modify these General Terms and Conditions to comply with applicable law or to adapt them to technical requirements. Any changes to these General Terms and Conditions shall be published immediately in the E-GAP application and shall be communicated directly to all Customers enrolled in the Registry at the email address provided during registration. Changes shall apply from the date of publication by the Operator and communication to the Customer, unless otherwise provided by law or mandatory administrative restrictions.
If the Customer does not accept the new General Terms and Conditions, the Customer may terminate the Contract at any time and free of charge by notifying the Operator in accordance with the conditions defined in Article 12.
The Customer undertakes to keep his data updated in the E-GAP application and to communicate any changes that may exist in his data in order to allow the Operator to update the Register.
4. Intuitu personae
Service orders placed by the Customer are personal and non-transferable, whether for payment or free of charge.
The Customer may therefore never substitute, even temporarily, others for himself in the exercise of the rights arising from this Contract and the corresponding General Terms and Conditions.
5. Discipline of the Services
To access the Services, the Customer must first (i) have downloaded the latest version of the E-GAP Application and have registered correctly, (ii) have provided the Subscription having accepted the terms and conditions contained in these General Terms and Conditions.
The provision of the Services will be activated at the time of the order and will end once the requested Service has been provided.
For each Service ordered, the Customer must comply with the provisions of the Contract and pay the price in accordance with the conditions set out in Article 10.
The Customer may request the provision of the Services within the perimeter of the operational areas defined by E-GAP, on the days and hours of service active at the time of the order. Unless otherwise stated for some Services, the E-GAP operational areas can be consulted at any time on the website www.e-gap.com or in the E-GAP application.
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 staff from properly performing the Services and, in particular, by way of example and not exhaustively, on motorways, in tunnels or in any other area where parking is prohibited or where access to vehicles is manifestly impossible. In case it is difficult or risky for the Operator to provide the Service, the provisions of Annex 2 shall apply.
The Operator shall accept and carry out the requested Services always respecting the priority of the orders received, based on the availability of the E-GAP van fleet.
6. Requirements of membership
Subscription of the Customer to the Register is a requirement, which is deemed to be acquired when the Operator sends the confirmation email to the address indicated by the Customer during registration.
The Operator reserves the right to refuse the Customer’s Subscription on the basis of its assessment of the Customer’s solvency, subject to appropriate verification.
7. Duration and termination
This Contract is for a period of one year, tacitly renewable for annual periods.
The Operator may, at any time, withdraw from this Contract in accordance with the provisions of Article 12.
The Customer may exercise the right to withdraw from the Contract and the related General Terms and Conditions at any time via the ‘Delete Account’ button in the E-GAP Application. The Customer may also exercise his right of withdrawal by revoking the proposal even before receiving the Operator’s communication of acceptance.
The termination of this Contract by either party – or the completion of the Contract itself – entails the automatic loss of Customer status, with the relative dissolution of any relationship – directly and/or indirectly – connected or ensued from the Services.
8. Services and tarifs
8.1 Service of recharge
The E-GAP Mobile Electric Recharge Services that may be requested by the Customer are identified according to the duration of the electric recharge supply and a maximum limit of kWh to be provided in that period of time. The recharge services offered by E-GAP are as follows:
- SMALL: a Recharge Service of a maximum duration of 30 (thirty) minutes, with a power supply of up to 20 (twenty) kWh;
- MEDIUM: a Recharge Service with a maximum duration of 45 (forty-five) minutes, with an energy output of up to 30 (thirty) kWh;
- LARGE: a Recharge Service with a maximum duration of 60 (sixty) minutes, with an energy output of up to 40 (forty) kWh.
The intervention time for the provision of the Recharge Service – i.e. the maximum time between the order placed by the Customer on the E-GAP App and the start of the Recharge Service – shall be 90 (ninety) minutes.
The charging time starts from the moment the E-GAP system starts delivering power, after connecting the charging cable to the Customer’s vehicle. The Operator supplies energy for the entire duration of the Charging Service requested by the Customer until the maximum kWh limit for that time period is reached (20 kWh up to 30 minutes, 30 kWh up to 45 minutes, 40 kWh up to 60 minutes).
The Charging Service requested by the Customer may last for a shorter time than expected if the maximum number of kWh that can be supplied is reached in advance; in this case, the Service of Recharge will end when the maximum number of kWh is reached and not at the end of the initially planned charging time.
Conversely, once the maximum duration of the Service of Recharge requested by the Customer has been reached, the Service of Recharge will end even if the expected kWh have not been provided in full.
Therefore, charging is considered to be regularly performed when the maximum number of kWh has been reached or when the maximum duration of the Service of Recharge requested by the Customer has been reached.
8.2 Additional Services
The Administrator may communicate to the Customer, via the email address provided at the time of enrolment in the Registration or via the E-GAP Application, any Additional Services: some Additional Services are provided exclusively during the provision of the Recharge Service, therefore, they are considered ancillary to the Recharge Service and cannot be booked separately from the Recharge Service.
Specifically, the Additional Service are: the Emergency Recharge Service and the Car Wash Service (external).
8.2.1 Emergency Recharge Service: the Operator offers an Emergency Recharge Service for Customers without residual autonomy (low battery), performed with the shortest intervention time (i.e. the time between the request for the service and the start of charging) compatible with the availability of a free E-GAP van and including (i) the Start&Go service, which makes it possible to reactivate an electric car that has starting problems, for example because it has been stationary for a long time, and (ii) a recharge with a maximum duration of 30 (thirty) minutes and an energy supply of up to 5 (five) kWh.
The Emergency Recharge Service is accessible exclusively through the dedicated toll-free number 919490585, which can also be connected through the corresponding button on the E-GAP application.
The Emergency Recharge Service may be requested and provided in a wider operational area than the provision of the other Services, but always excluding stretches of motorways, tunnels or any other area where stopping, standing or parking of vehicles is prohibited or where vehicle access is manifestly impossible.
8.3 Other Services
The Operator also offers other services that may be provided to the Customer by a third party – E-GAP’s partner – independently of 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 a complementary roadside assistance service provided by a third party provider, E-GAP’s partner in the field of roadside assistance.
With the Roadside Assistance Service, the Customer can request (i) on-site repair of a flat tyre with spare wheel, (ii) on-site repair to retrieve the keys, (iii) towing on ordinary roads and (iv) towing on motorways.
Access to the Roadside Assistance Service is the same as for the Emergency Recharge Service request. However, the Roadside Assistance Service can be activated throughout the national territory.
The costs of the Services offered by the Operator are set out in Annex 1.
The Operator may update the tariffs at any time. Any changes to the tariffs will be communicated to the Customer by direct notification to the email address provided at the time of registration and will also be published in the E-GAP Application.
9. Reservation and request of Services
The modalities of booking and ordering the Services offered by the Operator are indicated in the E-GAP App. The modalities of booking and requesting the Services may differ from one Service to another and are carried out: (i) through the E-GAP App or (ii) by calling the toll free number 919490585.
The Customer acknowledges that these are the only ways to access the Services and therefore undertakes to strictly respect them.
10. Promotions, Agreements and Subscriptions
Based on the Operator’s promotions or specific commercial agreements with third parties, the Customer may benefit from promotions, discounts, pre-paid vouchers, special rates and/or subscriptions for the use of the Services. (“Special Subscription Services”)
The Customer may take advantage of the aforementioned promotions, discounts, pre-paid vouchers, discounted rates and/or subscriptions by following the relevant instructions directly in the E-GAP App.
In order to use the Special Subscription Services – and possibly some promotions, conventions or agreements – the Customer may be required to sign special additional conditions in addition to these General Terms and Conditions and the Form (“Additional Conditions”).
The subscription contract of the Additional Conditions – read, signed and accepted by the Customer – shall be complementary to these General Terms and Conditions and shall be subject to compliance with these General Terms and Conditions; therefore, the subscription contract shall be ancillary to this Contract.
11. Billing Conditions and Payment
The payment system (credit card, prepaid card, PayPal or other) communicated by the Customer at the time of registration shall be considered the normal method of payment for the Services. The total amount of the Services ordered by the Customer and provided by the Operator shall be invoiced and charged to the Customer after each Service.
If the system refuses payment for a charge, the Operator informs the Customer of the non-payment. In this case, the Operator reserves the right to suspend the provision of Services to the Customer until full payment of the sums due, 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 formal notice of payment, apply statutory interest from the date of the formal notice.
Each Service is the subject of a single detailed invoice, issued within 24 hours after the Service has been provided.
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 enrolment 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 written communication to the Customer by 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 or request for the Service;
- use of false credentials and documents – or in any case not attributable to the Customer – at the time of registration and/or requesting the Services offered by the Operator, including indication of promotions, conventions and subscriptions of which the Customer is not entitled to use;
- non-payment for the Services after formal notification by the Operator;
- non-payment of penalties applied in accordance with the provisions of Article 13 and Annex 2 of the present Contract; (v) failure to pay for the Services in accordance with the provisions of Article 13 and Annex 2 of the present Contract.
In the event of disagreement, the Customer can terminate this Contract free of charge by notifying the Operator:
- por carta certificada con acuse de recibo enviada a las direcciones indicadas en el artículo 18 de las presentes Condiciones Generales; o
- directamente a través del botón “Eliminar cuenta” en la aplicación E-GAP.
13. Disclaimer of Liability
Excluding cases of wilful misconduct or gross negligence of the Operator, the latter is not liable for direct or indirect damages of any kind that the Customer or third parties may suffer – for whatever reason – as a result of the Services or acts that are not directly attributable to the Operator, nor for changes in the methods, times, schedules and/or conditions of provision of the Services, as well as for the suspension, interruption or unavailability of the Services themselves arising from circumstances relating to technological equipment and telecommunications computer systems, beyond the control of the Operator.
Furthermore, the Operator shall be held exempt from liability for any damage attributable to the malfunction of the Customer’s vehicle.
The Customer also expressly agrees that the provision of the Services may be refused by the Operator if the Customer’s vehicle is not properly parked. Furthermore, the Services cannot be provided by the Operator if the Customer’s vehicle is parked in such a way as to prevent the Operator’s staff from performing the Services correctly without obstructing traffic, compromising safety or giving rise to a violation of the highway code and, in particular, by way of example and not exhaustively, on motorways, in tunnels or in any other area where parking is prohibited or where access to vehicles is manifestly impossible.
The Operator reserves the right to apply to the Customer the penalties indicated in Annex 2 in the event of the occurrence of the events provided for therein and regulated by the Contract, except, in any case, compensation for major damages.
14. Force Majeure
Any liability of the Operator for the total or partial non-fulfilment of the obligations assumed due to force majeure events is excluded. A force majeure event is considered to be any event beyond the control of E-GAP, such as, by way of example and not exhaustive: strikes, stoppages of means of transport, traffic interruption, acts of the State and Public Authority, administrative and legal restrictions, fires, floods, epidemics or pandemics, armed conflicts, explosions, mobilisations, riots, strikes, industrial disturbances, lack of raw materials, lack of electricity, interruption of telephone lines, lack of fuel oils and more.
15. Rebooking or Cancellation of the Service
Without prejudice to the aforementioned cases where the provision of the Services is impossible for reasons attributable to the Customer, if, on the contrary, the Operator is unable to provide the Service on time, the Customer will be notified and may choose whether to:
- accept the delay in the provision of the Service;
- proceed with a new booking of the Service itself;
- cancel the request for the Service free of charge.
The Operator reserves the right, in fact, to accept the Services requested by the Customer, respecting the priorities of the orders already received and depending on the availability of E-GAP vans..
16. Personal Data
17. Applicable Law and Jurisdiction
These General Terms and Conditions shall be governed by and construed in accordance with the law of the Kingdom of Spain.
For any dispute that may arise between the Parties in relation to, or as a result of, this Contract, including expressly those relating to its validity, effectiveness, interpretation, execution and resolution, the Court of Madrid shall have exclusive jurisdiction.
18. Communications and Notifications
Any communication requested or permitted by the provisions of this Contract must be in writing, alternatively by registered letter with acknowledgement of receipt, provided that it is addressed to E-GAP in the following manner:
Green Arrow Power S.L.
Calle Fuencarral, 139 – 28010, Madrid
Custome Service number: 919490585
Or at such other address as the Controller may communicate to the other in accordance with the foregoing provisions.
Any communication or notice requested or permitted by this Contract shall be deemed effective and validly executed (i) on the date of receipt, if sent by registered e-mail, or (ii) on the date indicated on the acknowledgement of receipt, if sent by registered mail.
The Client declares to have read and to be aware of the content of all the clauses of this Contract. In particular, the Customer expressly approves and declares to accept in full, the clauses mentioned in Article 2 (Acceptance and commitment of the parties ), Article 3 (Modification of terms and conditions), Article 4 (Intuitu personae), Article 5 (Discipline of the Services), Article 6 (Membership requirements), Article 7 (Duration and Termination), Article 8 (Services and fees), Article 9 (Booking and Ordering of Services), Article 10 (Promotions, Agreements and Subscriptions), Article 11 (Billing Conditions and Payment), Article 12 (Termination of the Contract), Article 13 (Disclaimer of Liability), Article 14 (Force Majeure), Article 15 (Rebooking or Cancellation of Service), Article 16 (Personal Data) and Article 17 (Applicable Law and Disputes) of this Contract.
Furthermore, the Customer agrees and acknowledges that, in the cases indicated in Annex 2 (Penalties) of this Contract, the Operator may apply the penalties described therein by charging them directly to the Customer through the payment method indicated and registered by the Customer.
ANNEX 1 – CURRENT RATES
Recharge Service Rates
|Total Final Price||Delivery Fee||€/kWh|
Duration (**): 30 minutes
Max Energy (***): 20 kWh
Duration (**): 45 minutes
Max Energy (***): 30 kWh
Duration (**): 60 minutes
Max Energy (***): 40 kWh
Prices include VAT
(*) Intervention time: maximum time between the service request and the start of recharging.
(**) 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 that can be supplied for the maximum duration chosen by the Customer.
The price of the Recharge Service will be defined based on:
- 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 listed in the Rates section.
|TYPE OF INTERVENTION||RATES|
|On spot repair for punctured wheel with spare wheel||€ 122,00|
|On spot repair to retrieve keys||€ 122,00|
|Towing on ordinary road (including 30 km from the place of detention to destination)||€ 134,20|
|Kilometers (round trip) on ordinary roads in excess of 30 km included that the Client will have to pay directly to the driver of the tow truck providing the service||€ 0,96/km|
|Motorway towing (including 30 km from place of detention to destination)||€ 146,40|
|Kilometres (round trip) on motorways in excess of the 30 km included, to be paid directly by the client to the driver of the tow truck providing the service||€ 1,10/km|
Prices include VAT
ANNEX 2 – PENALTIES
The Operator reserves the right to apply the following penalties to the Customer in the event of the occurrence of the events foreseen and regulated by the Contract, without prejudice – in any case – to compensation for greater damages.
In particular, after carefully examining the individual Service, the Operator shall inform the Customer by push notification or e-mail, or by contacting the Customer by telephone, of the operational difficulty in providing the requested Service.
If it is difficult or risky for the Operator to provide the Service due to an event or failure attributable to the Customer (in the case, for example, where the Customer’s vehicle is not present at the point indicated when requesting the Service), a grace period of 5 (five) minutes has elapsed since the communication to the Customer, the Operator reserves the right to charge the Customer – via the payment method indicated during registration – the following penalties:
- € 10.00 (euro ten/00), VAT included, if it is not possible to carry out the requested Service due to events and faults attributable to the Customer;
- € 5.00 (€ five/ 00), VAT included, if the Customer cancels the service request before the arrival of the freight vehicle at the indicated location;
- € 26.00 (twenty-six euros/00), VAT included, for the “empty departure” of the provider of the Additional Roadside Assistance Service requested by the Customer.
Failure to pay the fine may result in the suspension and/or termination of the Contract in accordance with Article 12 above; the relative amounts shall be recovered by the Operator in accordance with the law.