General Terms and Conditions
Acceptance of the Contract is a necessary condition for the Customer (i) to be registered in the E-GAP customer register (the “Register”) and (ii) to be able to use the relevant E-GAP services (hereinafter referred to jointly as the “Services” and each individually as the “Service”).
- Completion of the Contract
The Customer accepts to use the Services according to these General Conditions, expressing their willingness to accept the Contract by the registration button on the E-GAP App, without having to physically sign a paper document. The selection of the button mentioned above shall constitute reading, acceptance and signature of these General Conditions by the Customer (“Acceptance”).
Alternatively, acceptance may be made by automatically entering information linked to the Customer’s Apple, Google or Facebook account verified by the respective providers (“Social Log-in”). In the event that the information acquired through Social Log-in is not sufficient for Acceptance, the Customer is required to supplement them with all the information necessary for the proper conclusion of the Contract. Once the Acceptance is completed, the Social Log-in remains active; therefore, the Customer can directly access the E-GAP App using the information provided through the Social Log-in. For the sake of clarity, it is understood that the management, modification and retrieval of the data – used during the registration through the Social Log-in – that refer to Apple, Google or Facebook account credentials are managed directly by the respective providers and not by E-GAP.
After Acceptance and following the completion of all appropriate verifications by E-GAP concerning the information provided, the Customer shall receive by e-mail – as soon as possible and in any case no later than 15 (fifteen) days from the date of Acceptance – a communication from E-GAP confirming that the Contract has been executed and that the Customer has been recorded in the Register (the “Registration”).
Therefore, the Registration shall be considered completed only after E-GAP sends the confirmation e-mail to the address indicated by the Customer during subscription.
Registration and communication of the method of payment by the Customer do not entail any charge or cost: any Service requested by the Customer is, in fact, only charged (and invoiced) upon completion of each Service request made through the E-GAP App.
Following Registration and throughout the duration of the Contract, the Customer undertakes to keep the data entered up-to-date and to promptly notify E-GAP of any changes to it so that they can be updated in the Register.
- Use of the App E-GAP
The E-GAP App is intended exclusively for Customers at least 16 (sixteen) years of age and can be used – after Registration – to access the Services referred to in Article 8 of these General Conditions. Under no circumstances should the Customer use the E-GAP App when driving a vehicle or when its use violates safety regulations and/or the Highway Code.
The E-GAP App is free of charge and, therefore, does not charge the customer for its download; however, access to the Internet may entail costs that do not depend on E-GAP but are exclusively related to the Contract in place between the Customer and the relevant telephone operator.
E-GAP can send to the Customer – according to his preferences – push notifications (i.e., messages displayed directly on the screen of the Customer’s device and quickly deleted) related to the use of the E-GAP App, to the Services and their state of progress, to any promotions or prize events promoted by E-GAP, partners and/or third parties (“Push Notifications”). In any case, the Customer may – without encumbrances and at any time – decide to deactivate or reactivate the Push Notifications by directly accessing the settings of his device and following the specific procedure for managing Push Notifications.
- Modification of the General Conditions, the Services and/or the Contract
E-GAP may, at any time, update, supplement and/or amend these General Conditions, the Services and/or the Contract, to – but not limited to – (i) optimise the Services or develop new ones, (ii) adapt to intervening changes in laws or regulations, (iii) new technical requirements (“Modification”).
Any changes shall be published on the E-GAP App and communicated directly to all registered Customers listed in the Register at the e-mail address provided during Registration.
Except in the case of essential or urgent amendments and unless otherwise provided by law, the Modification shall enter into force at least 20 (twenty) calendar days after notification under this Article.
If the Customer does not wish to accept the Modifications to the General Conditions, they are entitled to terminate the Contract at any time without charge by notifying E-GAP under the conditions set out in Article 20 of these General Conditions.
After that period has elapsed without the Customer has exercised his right of withdrawal, the Modifications shall be fully applicable and shall take effect without prejudice to the Customer’s right to withdraw from the Contract at any time without charge under Article 5 below.
5. Withdrawal, suspension and/or removal of the Customer’s account
Registration shall be deemed effective from the date of communication by e-mail to the Customer by E-GAP.
The Customer may withdraw from these General Terms and Conditions and the Contract at any time and without charge using the ‘Delete Account’ button in the E-GAP App. The withdrawal shall take effect immediately.
The mere uninstallation of the E-GAP App from the Customer’s device does not constitute withdrawal under Article 5.
E-GAP may, without encumbrances at any time, withdraw from these General Conditions and the Contract by giving at least 20 (twenty) calendar days’ notice from the date on which the withdrawal takes effect by written notice to the Customer at the e-mail address provided by the latter during Registration.
Withdrawal from these General Conditions and the Contract by the Customer or by E-GAP – including the possible termination of the Contract by law – entails the automatic loss of the Customer’s status, with the related termination of any relationship – directly and/or indirectly – connected or related to the Services.
E-GAP reserves the right to suspend and/or remove the Customer’s account without prior notice and any liability to the Customer, thus preventing access to the E-GAP App or the use of the Services if it detects an abnormal use and/or behaviour by the Customer, such as – but not limited to – the use of documents that cannot be traced back to the Customer or false credentials, as well as the violation of these General Conditions.
6. 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 himself in exercising the rights arising from this Contract and its General Conditions.
7. Provision of the Services
To use the Services, the Customer must (i) have downloaded the latest version of the E-GAP App, (ii) have provided Acceptance of the Contract, and (iii) have completed the Registration.
In particular, the provision of the Services by E-GAP starts at the time of the order by the Customer and ends once the requested Service is provided.
In particular, each Service requested is provided by E-GAP based on the specific conditions set out in Article 8 below. For each Service requested, the Customer must comply with the Contract’s provisions and pay the stated price; the prices of the Services are displayed on the E-GAP App and in the annexes to these General Conditions and are always available for consultation by the Customers.
The Customer may request the provision of Services within the operational areas defined from time to time 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.
In any case, E-GAP reserves the right – after due verification – not to provide the Service if the Customer is not solvent.
8. Services and tarifs
8.1. Recharge service via Van
The Recharge Services provided by E-GAP via Van must be requested by the Customers exclusively through the E-GAP App and are identified based on the duration of the supply of the electric recharge and a maximum limit of kWh supplied in that period (the “Recharge Services via Van”). The Recharge Services via Van provided by E-GAP are the following:
- SMALL: a Recharge Service via Van of a maximum duration of 30 (thirty) minutes, with an energy supply of up to 10 (ten) kWh;
- MEDIUM: a Recharge Service via Van of a maximum duration of 45 (forty-five) minutes, with an energy supply of up to 20 (twenty) kWh;
- LARGE: a Recharge Service via Van of a maximum duration of 60 (sixty) minutes, with an energy supply of up to 30 (thirty) kWh.
The intervention time for the provision of the Recharge Service via Van – i.e. the maximum time between the order placed by the Customer on the E-GAP App and the start of the Recharge Service via Van – shall be 90 (ninety) minutes.
The duration of the Recharge Service via Van starts from the moment E-GAP starts to deliver energy after having connected the recharging cable to the Customer’s vehicle. E-GAP provides energy for the duration of the Recharge Service via Van requested by the Customer up to the maximum limit of the kWh supplied for that period (10 kWh Up to 30 minutes, 20 kWh up to 45 minutes, 30 kWh up to 60 minutes). The Recharge Service via Van requested by the Customer may last less time than expected if the maximum number of kWh that can be supplied is reached in advance; in this case, the Recharge Service via Van shall end, therefore, 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 via Van requested by the Customer is reached, the Recharge Service via Van shall terminate even if the kWh provided for have not been fully supplied.
The Recharge Service via Van is therefore considered regularly provided when the maximum number of kWh has been reached or when the maximum duration of the Recharge Service via Van requested by the Customer has been reached.
E-GAP accepts and provides the requested Recharge Service via Van, always respecting the priority of orders received according to the availability of the E-GAP van fleet.
In addition, the Recharge Service via Van cannot be provided by E-GAP if the Customer’s vehicle is parked in such a way as to prevent E-GAP’s operators from adequately performing the Recharge Service via Van and in particular, but not limited to, on motorways, in tunnels or in any other area where parking is prohibited or where access to vehicles is manifestly impossible.
The Recharge Service via Van can be provided in the following alternative ways:
8.1.A Recharge Service via Van without remote opening authorisation of the Customer’s vehicle
Without the enabling of the remote opening of the Customer’s vehicle to provide the Recharge Service via Van – and, in particular, to allow the connection and/or disconnection of the E-GAP system and the start of the recharge – it is required, alternatively, (i) the presence of the Customer to open the vehicle or (ii) the remote opening of the vehicle. For this purpose, E-GAP shall notify the Customer by Push Notifications, e-mail and/or telephone contact via call centre.
In the event that the Customer allows E-GAP to open his vehicle to enable the connection and/or disconnection of the E-GAP system and the start of the recharge autonomously, the Recharge Service via Van can be provided by E-GAP in the absence of the Customer (the “Remote Opening”).
E-GAP can be enabled for Remote Opening through the service provider “2hire S.r.l.”, which, using a special landing page, shall send the Customer to the app of the manufacturer of his fully electric vehicle to authorise E-GAP – on request – to locate the vehicle, unlock the charging socket and provide the Recharge Service via Van without any interaction with the Customer.
If the Customer’s vehicle is included in the list of vehicles that may be enabled for Remote Opening by “2hire S.r.l.”, a special button shall appear on the “My Vehicles” screen of the E-GAP App, following which the connection procedure entitling E-GAP for Remote Opening (the “Vehicle Connection”) may be completed. The Vehicle Connection shall have a duration of 6 (six) months from the moment the Customer grants it and can be revoked by the latter – freely and at any time – through the E-GAP App.
The Connection of the Vehicle constitutes a pre-authorization to Remote Opening; in fact, the Customer shall receive a push notification directly via the app of the manufacturer of his fully electric vehicle every time they make a reservation for a Recharge Service by Van through the E-GAP App, which will ask them to enable E-GAP to Remote Opening their vehicle only for that single Recharge Service via Van. It is understood that, depending on the case, the Customer’s vehicle shall be fully opened or – when technically possible – partially opened (only the flap of the vehicle’s charging socket), but always with the sole purpose of connecting and/or disconnecting the E-GAP system and start the Recharge Service autonomously (the “Opening Authorisation”).
The Opening Authorisation allows E-GAP to use the Remote Opening only when the Van has reached the Customer’s vehicle to carry out only the operations necessary for the Recharge Service via Van in the Customer’s absence, exclusively within 12 (twelve) hours following the moment in which it is provided (the “Duration”).
In the event that E-GAP does not use the Remote Opening within the Duration, the Opening Authorisation shall automatically expire, and E-GAP shall not be able to use the Remote Opening in any way except through a new subsequent request for Opening Authorisation. On the other hand, if E-GAP uses the Remote Opening enabled by the Customer with the Opening Authorization within the Duration, at the end of the Recharge Service via Van, it shall directly and autonomously lock the Customer’s vehicle, thus ending the Opening Authorization and ceasing the relevant Remote Opening Authorization. In any event, within 60 (sixty) seconds from the end of the Recharge Service via Van, the Customer’s vehicle shall automatically close, the Opening Authorisation shall terminate, and the relevant Remote Opening authorisation shall cease to be valid.
In the event that the Customer does not provide the Vehicle Opening Authorisation, E-GAP may require the Customer’s physical presence throughout the provision of the Recharge Service via Van and may also not be able to provide the Recharge Service via Van.
8.2. Additional Services
E-GAP may communicate to the Customer, via the e-mail address provided at the time of registration in the Register or via the E-GAP App, any Additional Services: some Additional Services are provided exclusively during the provision of the Services; they are therefore considered as ancillary to the Recharge Service and cannot be booked separately from the latter.
In particular, the Additional Services offered by E-GAP include:
8.3.1 Emergency Recharge Service
E-GAP offers an Emergency Recharge Service for Customers with no remaining autonomy (flat battery), carried out with the shortest intervention time (i.e. the time between the service request and the start of recharging) 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 800 141313, which can also be accessed via the dedicated button on the E-GAP App.
The Emergency Recharge Service may be requested and provided in a wider operating area than the other Services provided, but always excluding highways, motorways, tunnels or any other area where stopping, parking or parking vehicles is prohibited or where vehicle access is manifestly impossible.
8.3. Other Services
E-GAP also offers other services that can be provided to the Customer by a third party – an E-GAP partner – independently of the request for a Recharge Service.
In particular, other Services offered by E-GAP through its partners include:
8.4.1 Roadside Assistance Service
E-GAP offers a complementary Roadside Assistance Service provided by a third-party supplier, E-GAP’s partner in the roadside assistance sector.
With the Roadside Assistance Service, the Customer can request (i) on-spot repair of a punctured wheel with a spare wheel, (ii) on-spot 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 when requesting the Emergency Recharge Service. However, the Roadside Assistance Service may be activated nationwide.
The costs of the Services offered by E-GAP are indicated in Annex 1 and in the “Fees” section of the E-GAP App.
E-GAP may update the tariffs 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 and shall also be published on the E-GAP App.
9. Reservation and Request of Services
The modalities for booking and requesting the Services offered by E-GAP are indicated in the E-GAP App. The ways of reserving and requesting Services may differ from one Service to another and are made exclusively through the E-GAP App.
The Customer acknowledges that these are the only ways to access the Services and therefore undertakes to strictly comply with them.
10. Promotions, Commercial Offers and Subscriptions
According to E-GAP 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 aforementioned promotions, discounts, prepaid vouchers, discounted fares and/or subscriptions by following the appropriate instructions directly in the E-GAP App. In case the Customer holds a voucher, these shall be displayed in the “my codes” section of the E-GAP App. Each voucher shall be subject to the specific terms and conditions provided for each of them and for the Services indicated by the relevant voucher.
In order to use the Subscription Services – and, if applicable, certain promotions, commercial offers or agreements – the Customer may be required to subscribe particular additional conditions, in addition to these General Conditions and the Form (the “Subscriptions”). The Subscriptions contract- read, signed and accepted by the Customer – shall be supplementary to these General Conditions and subject to compliance therewith; the Subscription contract is, therefore, ancillary to these General Conditions.
In the event that the Subscription tariffs provide for tacit and automatic renewal upon expiration of the period of validity, the Customer who does not wish to renew the Subscription must cancel it directly through the E-GAP App in the “Subscription” section by 11:00 p.m. on the day the Subscription expires.
In any case, the Customer – after the purchase of each individual Subscription – has the right, pursuant to Article 52 of the Consumer Code, to withdraw free of charge and freely from the individual Subscription exclusively during the 14 (fourteen) days following the date of purchase of the Subscription and not for any – and subsequent – renewals thereof. This right may be exercised by the Customer by sending an e-mail to the following address email@example.com and shall take effect from the moment of sending – upon correct receipt by E-GAP – to the e-mail address in question.
11. Billing conditions and payments
The Customer may configure one or more payment methods within the E-GAP App during the Registration phase or later. The data of the payment methods configured by the Customer in the E-GAP App and the possible operations performed on them for the payment of the Services are managed by the provider Stripe Payments Europe Limited or – alternatively – by PayPal (Europe), according to high security and protection systems. Therefore, the latter is entrusted with the management and proper storage of the payment data.
Activation of the Strong Customer Authentication process can be requested by the Customer’s payment system entity.
The Customer may remove one or more of its payment methods at any time by accessing the appropriate section in the E-GAP App.
The Customer shall be asked to choose the payment method (credit card, prepaid card, PayPal or other) to be charged for the requested Service, from those communicated at the time of the Registration.
The total amount of the Services requested by the Customer and provided by E-GAP shall be invoiced (by means of a tax receipt or invoice) and charged to the Customer after each Service. In the event that the payment is rejected by the system for a payment charge, E-GAP undertakes to inform the Customer of the non-payment. In this case, E-GAP reserves the right to suspend the provision of Services to the Customer until full payment of the amounts due, or to refuse to provide the requested Service.
For Emergency Recharge Services and Roadside Assistance Services requested by telephone, in the event of late payment or partial payment, E-GAP may, after giving the Customer a formal notice of payment, charge 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 provision of the corresponding Service. The invoice is issued by E-GAP in electronic format and is sent to the Customer – as a courtesy copy – to the e-mail address provided during the Registration process.
In the event that the Customer holds an E-GAP voucher, he shall enter it in the “My Codes” section of the E-GAP App. The use of the E-GAP voucher as a method of payment can be made according to the modalities and limits provided for each voucher and exclusively for the payment of the Services indicated.
In the “History” section of the E-GAP App, the history of the purchases and services requested by the Customer via the E-GAP App is always visible.
12. Express Termination Clause
E-GAP, in accordance with Article 1456 of the Civil Code, reserves the right to terminate the Contract and these General Conditions – without prior objection and with all legal consequences, including restitution and compensation – by sending a written notice to the Customer by 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, if the Customer:
- is under 16 years of age at the time of Registration or when requesting the Service;
- uses false credentials and documents – or in any case not traceable to the Customer – when registering and/or ordering the Services offered by E-GAP, including the indication of promotions, conventions and subscriptions from which the Customer is not entitled to benefit;
- fails to pay for the Services within 60 (sixty) days following the formal notification by E-GAP;
- fails to pay the penalties applied in accordance with Article 13 below and Annex 2 of this Contract.
In the event of disagreement, the Customer may terminate this Contract free of charge by notifying E-GAP:
- by registered letter with acknowledgement of receipt sent to the addresses indicated in Article 20 of these General Terms and Conditions; or
- directly via the “Delete Account” button on the E-GAP App.
13. Limitation of Liability
Except in cases of wilful misconduct or gross negligence of E-GAP, E-GAP is not liable for direct or indirect damages – of any nature – that the Customer or the Non-Registered User or third parties may suffer – for any reason – as a result of the Services that are not directly attributable to E-GAP, nor of the variations in the modalities, times, schedules and/or conditions of provision of the Services, as well as due to the suspension, interruption or otherwise unavailability of the Services themselves resulting from circumstances relating to technological equipment and telecommunications computer systems, beyond the control of E-GAP.
Furthermore, any liability of E-GAP for failure to provide the Services and/or for any damage attributable to the malfunctioning of the Customer’s or Non-Registered User’s vehicle is excluded.
The Customer or Non-Registered User also expressly agrees that the provision of the Services is not ensured by E-GAP if the Customer’s or Non-Registered User’s vehicle is not parked properly. In addition, the Services cannot be provided by E-GAP if the Customer’s vehicle is parked in such a way as to prevent E-GAP’s operators from properly performing the Services without obstructing traffic, compromising safety or causing a traffic violation 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.
E-GAP reserves the right to apply to the Customer or Non-Registered User the penalties indicated in Annex 2 in the event of the cases provided for therein and regulated by the Contract, without prejudice, in any case, to compensation for greater damages.
The accuracy of the information entered by the Customer in the E-GAP App is the latter’s sole care and liability. Therefore, in case of direct or indirect damages occur as a result of an incorrect transmission of information by the latter, E-GAP cannot be held liable in any way. Furthermore, in the event that the data entered by the Customer are not correct and do not allow E-GAP to provide the Service, the latter may be charged for the requested Recharge Service.
The Customer agrees to keep and not disclose the personal username and password of the account for access to the E-GAP App to third parties. Therefore, E-GAP cannot be held liable for any damages caused by the unauthorised use of the Customer’s account, even if any access to the personal account has occurred independently of the Customer’s will.
14. Intellectual Property
The Customer expressly acknowledges that all rights, title and interest in and to the E-GAP App and/or the Services are the exclusive property of E-GAP, including but not limited to, text, signs, trademarks, names, documents, studies, technical and non-technical specifications, diagrams, charts, maps, standards, models, procedures, samples, computer programs and any other related industrial and intellectual property rights, including, but not limited to, copyright, know-how, trademarks, patents, and databases, utility models, copyrights, company names, trade names, trademarks, service marks, applications for any of the foregoing, software, firmware, trade secrets, industrial design rights, design flows, methodologies, and any other information or information pertaining to an intangible property right that is eligible for legal protection (“Intellectual Property Rights”).
Furthermore, the Customer undertakes not to carry out any acts of disposition and/or exploitation of Intellectual Property Rights such as – but not limited to – colours, fonts, and proportions, including making changes and/or additions of any kind to their graphic representation.
The Customer acknowledges that he/she has not received from E-GAP any authorization, license, right, implication or other on the Intellectual Property Rights and, therefore, the Customer shall not create derivative works from or in any way attempt to discover any source code of the software used within the E-GAP App even through decompilation and/or reverse engineering, or develop products or software applications based on the same or making use of them in any way. The Customer shall be held directly liable, even before third parties, for any breach of this provision.
15. Force Majeure
Any liability of E-GAP for total or partial non-performance of its obligations due to force majeure events is excluded. An event of force majeure is considered to be any event beyond the control of E-GAP, such as, but not limited to strikes, stoppages of means of transport, traffic interruptions, acts of the State and Public Authorities, administrative and legal restrictions, fires, floods, epidemics or pandemics, armed conflicts, explosions, mobilisations, riots, strikes, industrial disturbances, shortages of raw materials, electricity shortages, interruption of telephone lines, shortages of fuel oils and other.
Without prejudice to the above-mentioned cases that make it impossible to provide the Services for reasons attributable to the Customer or Non-Registered User, if, on the other hand, E-GAP is not able to provide the Service within the foreseen timeframe, the Customer or Non-Registered User shall be notified and may choose whether:
- accept the delay in the provision of the Service;
- proceed with a new reservation of the Service;
- cancel the order for the Service at no cost.
Indeed, E-GAP reserves the right to accept Recharge Services via Van requested by the Customer in accordance with the priority of orders already received and according to the availability of E-GAP’s vans.
17. Personal Data
Without diminishing the protections afforded to it, the Customer hereby consents – pursuant to and for the purposes of Article 1407 of the Civil Code – to the assignment by E-GAP of the Contract and/or the contractual positions to other subsidiaries or parent companies of the E-GAP Group, subject to adequate and timely notice to the Customer.
19. Applicable law and litigations
These General Conditions and the relevant Contract shall be governed by and construed in accordance with Italian law.
For any disputes that may arise between the Parties in connection with, or as a result of, the Contract, including expressly those relating to its validity, effectiveness, interpretation, execution and termination, the court of the place of residence or domicile of the Customer shall have jurisdiction.
Furthermore, in compliance with Directive 2013/11/EU and Regulation 424/2013, the Customer residing in the European Union – in order to facilitate the out-of-court settlement of disputes with E-GAP – is entitled to access the European Online Dispute Resolution Platform (“ODR Platform”). The ODR Platform is fully managed and developed by the European Commission and aims to facilitate, in an independent, transparent, rapid and effective manner, any disputes arising between a consumer and a professional through an accredited body. The Customer, when requested, must indicate in the ODR Platform the e-mail address firstname.lastname@example.org managed by E-GAP
20. Communications and Notifications
For questions or requests in relation to these General Conditions, the Contract and/or the E-GAP App, the Customer may contact the E-GAP Customer Service at 800 141313, during the days and hours of operation, or send an e-mail to email@example.com.
Any official communication or notification by the Customer required or permitted by the provisions of these General Terms and Conditions and/or the Contract shall be made exclusively in writing by certified electronic mail (PEC) or by registered letter with acknowledgement of receipt, provided it is addressed as follows:
via Flavia, 3 – 00185 Roma (RM)
or at such other address or PEC as E-GAP may communicate to the Customer in accordance with the foregoing provisions.
Any communication relating to the Service, these General Conditions and/or the Contract shall be made by E-GAP to the e-mail address provided by the Customer at the time of Acceptance or Social Log-in in the E-GAP App; it is, therefore, the Customer’s responsibility and care to keep this e-mail address always updated. In case of non-delivery of any communication by E-GAP to the e-mail address provided by the Customer for any reason whatsoever, E-GAP shall not be liable under any circumstances, except for cases of direct liability.
Any notice or notification required or permitted by this Contract shall be deemed to have been effectively and validly served (i) on the date of receipt if sent by certified electronic mail, or (ii) on the date stated in the acknowledgement of receipt, if sent by registered mail.
The Customer declares having read and understood the contents of all the clauses of this Contract. In particular, the Customer expressly approves and declares to accept in full, pursuant to and for the purposes of articles 1341 and 1342 of the Italian Civil Code, the clauses set out in article 2 (Completion of the Contract), Article 3 (Use of the E-GAP App), Article 4 (Modification of the General Conditions, Services and/or the Contract), Article 5 (Termination, suspension and/or removal of the Customer’s account), Article 8 (Services and Tariffs), Article 10 (Promotions, Commercial Offers and Subscriptions), Article 11 (Billing and Payment Conditions), Article 12 (Express Termination Clause), Article 13 (Limitation of Liability), Article 15 (Force Majeure), Article 18 (Assignment of Contract) article 19 (Governing Law and Disputes) and Article 20 (Communications and Notifications) of this Contract.
Furthermore, the Customer accepts and acknowledges that, in the cases indicated in Annex 2 (Penalties) of this Contract, E-GAP may apply the penalties described therein by charging them directly to the Customer through the payment method indicated and registered by the.
Annex 1 – Current Tariffs
Recharge Service tariffs
|Total Final Price||Delivery Fee||€/kWh|
Duration (**): 30 minuts
Max Energy (***): 10 kWh
Duration (**): 45 minuts
Max Energy (***): 20 kWh
Duration (**): 60 minuti
Max Energy (***): 30 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 a punctured wheel with spare wheel||€ 122,00|
|On-spot repair to recuperate keys||€ 122,00|
|Towing on ordinary road (including 30 km from the place of detention to destination)||€ 134,20|
|Kilometres (round trip) on ordinary roads in excess of 30 km included that the Client would have to pay directly to the driver of the tow truck providing the service||€ 0,96/km|
|Freeway towing (including 30 km from the place of detention to the destination)||€ 146,40|
|Kilometres (round trip) on motorways in excess of 30 km included that the Client would have to pay directly to the driver of the tow truck providing the service||€ 1,10/km|
Prices include VAT
Annexe 2 – Penalties
E-GAP reserves the right to apply the penalties and/or parking fees set out below to the Customer in the event of the cases provided for and regulated by the Contract, without prejudice – in any event – to compensation for greater damages.
In particular, after having carefully examined the specific Service, E-GAP will inform the Customer by push notification or e-mail or by contacting him/her by phone of the operational difficulty in providing the requested Service. If it is impossible for E-GAP to provide the Service due to a fact or fault attributable to the Customer (in the event, for example, that the Customer’s vehicle is not present at the point indicated when requesting the Service) after a grace period of 5 (five) minutes from the communication to the Customer, E-GAP reserves the right to charge the Customer – via the payment method indicated during Registration – the following penalties:
- € 10.00 (ten euros/00), 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 Service vehicle at the indicated location;
- € 26.00 (euro twenty-six/00), VAT included, for the “empty exit” of the provider of the Additional Roadside Assistance Service requested by the Customer.
Failure to pay the penalty may result in the suspension and/or termination of the Contract pursuant to Article 12 above; the relevant amounts shall be recovered by E-GAP in accordance with the law.