GENERAL TERMS AND CONDITIONS
The purpose of these general conditions (hereinafter the “General Conditions”) is to define the terms and conditions which, together with the electronic registration form, will govern the performance of the services and form the contract (hereinafter the “Contract”).
The acceptance of these General Conditions of E-GAP (hereinafter the “Provider”) Taken together, the Charging Service and the Additional Services make up the E-GAP services (hereinafter the “Services”). The acceptance of the present General Conditions of E-GAP (hereafter the “Manager”) by the customer (hereafter the “Customer”) is a necessary condition for the latter in order (i) to be registered in the E-GAP customer register (hereafter the “Register”) and (ii) to be able to use the E-GAP mobile electric recharging service (hereafter the “Recharging Service”) and/or other additional services – more precisely defined below – (the “Additional Services”). Taken together, the Charging Service and the Additional Services make up the E-GAP services (hereinafter the “Services”).
- Conclusion of the Contract – General Conditions
The Customer agrees to receive and the Provider agrees to provide the Services under the terms and conditions contained in these General Conditions.
Once the Customer has completed the data on the electronic registration form (hereinafter the “Form”) available on the Provider’s free app (the “E-GAP App”) and validated his registration by selecting the button allowing him to validate his registration for the Services, the Customer is deemed to have read and accepted these General Conditions.
The Customer will then receive the communication of acceptance from the Provider by e-mail within 30 (thirty) days from the date of signature of the Form, after the Provider has carried out all the necessary checks relating to the age and means of payment provided by the Customer.
The Customer acknowledges that the signing of the Form and the communication of his/her means of payment will not entail any charge or fee: the cost of any Service requested by the Customer will, in fact, only be invoiced at the time of completion of each request for Service made via the E-GAP Application or, where applicable, via the E-GAP Customer Service for emergency services.
The Provider may, at any time, update the present General Terms and Conditions, in particular for the purposes of compliance with applicable law or to adapt them to technical needs.
Any modification of the General Terms and Conditions will be published without delay on the E-GAP App and communicated directly to all Customers listed in the Register to draw their attention to the e-mail address communicated at the time of registration. The modifications will be applied from the date on which the Provider publishes them and communicates them to the Customer, except if the law or imperative administrative restrictions provide otherwise.
Therefore, the Customer undertakes to communicate any change in its contact details to enable the Provider to update the Register.
If the Customer does not accept the new General Terms and Conditions, he may terminate the Contract at any time without charge by notifying the Provider in accordance with the conditions defined in Article 10.
- Intuitu personae
The orders placed by the Customer in the context of these terms and conditions are personal and the rights and obligations resulting therefrom are therefore non-transferable and non-transmissible, whether in return for payment or free of charge.
4. Requirements for accessing the Service
In order to access the Services, the Customer must first:
- have downloaded the latest version of the E-GAP Application and have registered correctly;
- have electronically signed the Form; and
- have accepted these Terms and Conditions online.
In particular, the provision of the Services will be activated from the moment the request is made and will end once each Service has been performed.
For each Service requested, the Customer must comply with the provisions of the Contract and pay the price under the conditions set out in Article 6.
The Customer may request the provision of the Services within the perimeter defined by E-GAP, on the days and during the hours of service active at the time of the order. Unless otherwise indicated for certain Services, the geographical areas served by E-GAP can be consulted at any time on the website www.e-gap.com or on the E-GAP App.
The Services cannot be provided by the Provider if the Customer’s vehicle is parked in such a way as to prevent the Provider’s operators from correctly carrying out the Services, and in particular on motorways, in tunnels or in any other area where parking is prohibited or where access to the vehicles is manifestly impossible.
The provision of the Services requested is always carried out in the order of arrival of the Customers’ orders, depending on the availability of the E-GAP van fleet.
5. Conditions of acceptance
The registration of the Customer in the Register is considered to be acquired when the Provider sends the confirmation email to the address indicated by the Customer.
The Provider reserves the right to refuse the subscription of the Customer based on its assessment of the solvency of the Customer, after verification of the means of payment provided by the Customer.
The Provider, after acceptance of the Form, proceeds with the registration of the Customer in the Register.
6. Duration – Termination of Contract
The registration in the Register will be considered effective from the date of its communication by e-mail to the Customer by the Provider.
The Provider may, at any time, terminate this Contract under the conditions set out in Article 11.
The termination of the Contract entails the automatic loss of the status of Customer.
7. Services and Tariffs
7.1 Service of Recharge
The E-GAP Mobile Electric Recharging 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 can be provided within that period.
The Recharge Services offered by EGAP are as follows:
– 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 with a maximum duration of 45 (forty-five) minutes, with an energy supply of up to 20 (twenty) kWh;
– LARGE: a Charging Service of a maximum duration of 60 (sixty) minutes, with an energy supply of up to 30 (thirty) kWh.
The response time – i.e. the maximum time between the order of the service and the start of the recharge is, for all the Recharge Services, between (i) 90 (ninety) minutes and (ii) 360 (three hundred and sixty) minutes.
The charging time starts when the E-GAP system starts delivering energy after connecting the charging cable to the Customer’s vehicle. The Provider provides energy for the duration of the Charging Service requested by the Customer until the maximum kWh limit envisaged for that period is reached (10 kWh for up to 30 minutes, 20 kWh for up to 45 minutes or 30 kWh for up to 60 minutes). The Charging Service requested by the Customer may take less time than expected if the maximum number of kWh that can be supplied is reached; in this case, the Charging Service will be terminated when the maximum number of kWh is reached and not at the end of the initially planned charging time. Similarly, once the maximum duration of the Charging Service requested by the Customer has been reached, the Service of Recharge will end.
The Recharge is therefore considered to be regularly performed either when the maximum number of kWh has been reached or when the maximum duration of the Service of Recharge has been reached.
The Provider may communicate to the Customer, via the e-mail address provided at the time of registration in the Register or via the E-GAP Application, any Additional Services offered at the time of the provision of the Recharge Service or separately.
In particular, the following are considered as Additional Services: the Emergency Recharge Service, the Internal Cleaning Service and the External Service.
The Additional Services are provided at the time of the Recharge and are consequently considered as accessory to the Recharge Service. They cannot therefore be booked independently.
7.2. 1 Emergency Recharge Service: The Provider 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 the charge) compatible with the availability of a free E-GAP van and which includes (i) the Start & Go service, which enables an electric car that has problems starting up, for example because it has been stationary for too long, to be reactivated, 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 can only be accessed via the dedicated toll-free telephone number 0800 96 3427, that can be reached also via the dedicated button on the E-GAP application.
The Emergency Recharge Service can be requested and provided in a wider operational area than that of the provision of the other Services, and always with the exception of motorways, tunnels or any other area where parking is prohibited or where access for vehicles is manifestly impossible.
7.3 Other Services
The Provider offers services that may be provided to the Customer by a third party, independently of the request for a Recharge Service.
These Other Services include, in particular, the Roadside Assistance Service.
7.3.1 Roadside Assistance Service: The Provider offers a complementary emergency service delivered through a third party provider, partner of E-GAP in the field of roadside assistance.
With the Roadside Assistance Service, the Customer can request (i) on-site repair of a punctured wheel with a spare wheel, (ii) on-site repair to recover 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. However, the Roadside Assistance Service can be activated on the whole national territory.
The costs of the Services offered by the Provider are set out in Annex 1.
The Provider may update the fees at any time. Any modification of the tariffs will be communicated to the Customer by direct individual notification to the e-mail address given at the time of enrolment in the Registry and will also be notified and published on the E-GAP website or App.
8. Booking and Request of Services
The procedures for booking and requesting the Services offered by the Provider are set out in the E-GAP Application. The methods of booking and requesting the Services may differ from one Service to another and are carried out: (i) via the E-GAP Application or (ii) by calling the toll-free number 0800 96 3427.
The Customer acknowledges that these are the only ways to access the Services.
The Customer acknowledges and accepts that in the event of the Provider being unable to provide the Service due to an event attributable to the Customer, the latter may be subject to late payment penalties, as defined in Annex 2.
9. Promotions, conventions and subscriptions
On the basis of the Provider’s promotions or specific commercial agreements with third parties, the Customer may benefit from discounts, prepaid vouchers, special rates and/or subscriptions for the use of the Services.
The Customer may take advantage of the above mentioned promotions, discounts, prepaid vouchers, reduced rates and/or subscriptions by following the instructions given in the E-GAP application.
In order to use the subscription services – and possibly certain promotions or agreements – the Customer may be required to sign additional special conditions, in addition to these General Conditions and the Form.
The subscription, taken out and accepted by the Customer, is subject to compliance with these General Conditions.
10. Conditions of payement and billing
The payment system (bank card, prepaid card, PayPal or other) selected by the Customer in his profile at the time of registration is the normal method of payment for the Services. The total amount of the Services requested by the Customer and provided by the Provider will be charged to the Customer after each order for Services.
If the payment is refused by the system, the Provider shall inform the Customer of the non-payment without delay. In this case, the Provider reserves the right to suspend the provision of Services to the Customer until full payment of the amounts due or to refuse the provision of the requested Service.
For emergency services requested by telephone, in the event of late payment or partial payment, the Provider may, after giving the Customer formal notice to pay, apply interest at the legal rate starting from the date of the formal notice.
Each Service is the subject of a detailed invoice, issued within 24 hours of the provision.
The invoice is issued by the Provider in electronic format and is sent to the Customer at the e-mail address communicated at the time of registration in the Register.
11. Termination of Contract
The Provider reserves the right to terminate the contract, by sending a registered letter with acknowledgement of receipt to the address provided by the Customer at the time of enrollement in the Registry, in the following cases:
- The Customer is under 16 years of age at the time of registering or requesting the Service and holds any authorisations required by law to drive an electric vehicle;
- Use of false identifiers and documents, when registering for the Service and/or requesting the Services offered by the Provider, including the indication of promotions, agreements and subscriptions which the Customer is not entitled to use;
- Failure to pay for the Services after formal notice;
- failure to pay the penalties imposed in accordance with Article 12 below and Annex 2 of this Contract.
In the event of disagreement, the Customer may terminate the Contract without charge by notifying the Provider:
- by registered letter with acknowledgement of receipt sent to the contact details shown in Article 14 of these General Conditions. The notification must reach the Provider within 30 (thirty) days at the latest from the date of receipt of the communication from the Provider; or
- directly via the “Delete Account” button on the E-GAP App. In this case, the withdrawal will take effect at midnight.
12. Liability disclaimer
Except in the case of intentional fault or gross negligence on the part of the Provider, the latter shall not be liable for any direct or indirect damage of any kind that the Customer or third parties may suffer in any way as a result of the Services that are not directly attributable to the Provider, or for changes in the methods, times and/or conditions of provision of the Services, as well as as due to the suspension, interruption or, in any case, unavailability of the Services as a result of circumstances relating to the technological equipment and telecommunication information systems, which are independent of the Provider.
The liability of the Provider for failure to provide the Services and/or for any damage attributable to the malfunction of the Customer’s vehicle to be recharged is excluded.
The Customer accepts that the provision of the Services will not be ensured in the event that the Customer’s vehicle is not parked correctly or is parked in such a way as to prevent the Provider’s operators from correctly carrying out the Services, and in particular on motorways, in tunnels or any other area where parking is prohibited or where access to the vehicles is clearly impossible and, in any event, when the vehicle does not allow the correct provision of the Services, without hindering traffic, compromising safety or involving an infringement of the Highway Code.
13. Force majeure
In the event of events of force majeure as defined in Article 1218 of the Civil Code, the liability of the Provider for total or partial non-performance of its obligations is excluded. Are considered as force majeure any event beyond the control of E-GAP, such as, as a non-exhaustive example: strikes, stoppages in means of transport, interruption of traffic, acts of the State, the Administration and the Public Authority, administrative restrictions, fires, floods, epidemics or pandemics, explosions, mobilisations, riots, industrial unrest, shortages of raw materials, lack of electricity, disruption of telephone lines and shortage of fuel oils.
Without prejudice to the aforementioned cases which make it impossible to provide the Services for reasons attributable to the Customer, if, on the other hand, the Provider is unable to provide the Service on time, the Customer will be informed and may choose:
- to accept the delay in the provision of the Service, or
- to re-book the Service itself; or
- to cancel the order without charge.
15. Personal Data
16. Applicable law and Jurisdiction
These General Conditions and the Contract are governed by French law.
The courts of Paris shall have exclusive jurisdiction to hear all disputes arising from the validity, effectiveness, interpretation, fulfilment and termination of the Contract and the General Conditions.
17. Communications and notifications
Any communication referred to in these General Conditions must be addressed to E-GAP in writing, by registered letter with acknowledgement of receipt or on the E-GAP App :
75, avenue Parmentier – 75544, Paris
e-mail : firstname.lastname@example.org
Customer Service number: 0800 96 3427
App : E-GAP
Or to such other address as the Provider may specify.
Any communication or notice required or permitted hereunder shall be deemed to have been effectively and validly given (i) on the date of receipt or (ii) on the date specified in the acknowledgement of receipt, if sent by registered mail.
ANNEX 1 – CURRENT TARIFFS
Recharge Service Cbarges
TIMES OF INTERVENTION(*)
|Within 1,5 h||Within 6 h|
Duration (**): 30 minutes
Max Energy (***) : 5 kWh
Duration (**) : 45 minutes
Max Energy (***) : 10 kWh
Duration (**): 60 minutes
Max Energy (***) : 15 kWh
The prices include VAT
(*) Time of intervention: maximum time between the Service request and the start of the recharge.
(**) Maximum duration: effective recharge time from the connection of the E-GAP van to the Customer’s vehicle to be recharged.
(***) Maximum Energy: 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 according to the following criteria
- 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 requested and is offered at the rates available in the Tariffs section.
|TYPE OF INTERVENTION||TARIFFS|
|On spot repair for punctured wheel with spare wheel||€ 122,00|
|On-site repair to retrieve keys||€ 122,00|
|Towing on ordinary roads (including 30 km from the location of arrest to destination)||€ 134,20|
|Kilometres (round trip) on ordinary roads over the included 30 km , which the Customer must pay directly to the driver of the tow truck providing the service||€ 0,96/km|
|Motorway towing (including 30 km from location of arrest to destination)||€ 146,40|
|Kilometres (round trip) on motorways exceeding 30 km for which the Customer will have to pay directly to the service provider’s driver||€ 1,10/km|
Prices include VAT
ANNEX 2: PENALTIES
The Provider reserves the right to apply the penalties indicated below to the Customer in the event of the occurrence of the cases provided for and regulated by the Contract, without prejudice, in any case, to compensation for greater damage.
After carefully examining the request for Service, the Provider will inform the Customer by push notification or e-mail, or by contacting him/her by telephone, of the difficulty in providing the requested Service due to an event attributable to the Customer.
If it is impossible for the Provider to provide the Service due to an event or fault attributable to the Customer (for example, if the Customer’s vehicle is no longer present at the location indicated in the service request phase), after a grace period of 5 (five) minutes from the notification to the Customer, the Provider reserves the right to charge the Customer – via the method of payment indicated at registration – the following penalties:
- a.10.00 (ten euros/00), including VAT, if it is impossible to carry out the requested Service due to the Customer’s fault;
- b. €5.00 (five euros/00), including VAT, if the Customer cancels the service request before the arrival of the recharge vehicle at the location indicated;
- c. €26.00 (twenty-six euros/00), including VAT, for the “empty exit” of the Supplier of the Additional Roadside Assistance Service requested by the Customer.
Non-payment of the penalty may result in the suspension and/or termination of the Contract under the conditions set out in Article 11.