General Terms and Conditions
These general conditions (the “General Conditions”) are intended to define the terms and conditions which, together with the data requested in the electronic form (the “Form”) of the free App of the operator (the “E-GAP App”), Regulate the provision of services and form the contract (the “Contract”).
The acceptance of these General Conditions of E-GAP S.r.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 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 out the Form on the E-GAP App with the required data, he can express his willingness to accept this Contract proposal through the appropriate registration button, without having to physically sign a paper document.
The selection of the aforementioned button will have the value of reading, acceptance and signing of these General Terms and Conditions by the Customer (the “Subscription”).
The Customer will then receive via e-mail the notification of acceptance from the Provider within 30 (thirty) days from the date of Signing, following the conclusion by the Provider of the appropriate checks relating to the information provided by the Customer.
The Customer’s subscription and communication of the means of payment will not involve any charge or cost: any Service possibly requested by the Customer will, in fact, be charged (and invoiced) only at the time of completion of each Service request made through the E-GAP app or, if applicable, through the E-GAP customer service.
- 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 Conditions will be promptly published on the E-GAP App and communicated directly to all Customers registered in the Register at the e-mail address provided during registration. The changes will be applied starting from the date of publication by the Operator and communication to the Customer, unless the law or imperative administrative restrictions provide otherwise.
If the Customer does not accept the new General Conditions, he can terminate the Contract at any time and without charge, by notifying the Manager under the conditions defined in Article 12.
Furthermore, the Customer undertakes to communicate any changes in his data to allow the Manager to update the Register.
- Intuitu personae
Service orders placed by the Customer are personal and non-transferable, neither for consideration nor free of charge.
The Customer, therefore, can never replace – not even temporarily – others to himself in the exercise of the rights deriving from this Contract and the related General Conditions.
- Discipline of the Services
To access the Services, the Customer must first (i) have downloaded the latest version of the E-GAP App and be correctly registered, (ii) have signed up and (iii) have accepted the terms and conditions contained in these General Conditions of the Contract.
For each Service requested, the Customer must comply with the provisions of the Contract and pay the price in accordance with the conditions set out in Article 7.
The Customer can request the provision of 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 indicated for some Services, the E-GAP operational areas can be consulted at any time on the website www.e-gap.com or on the E-GAP App.
Furthermore, 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 performing the Services and in particular, by way of example and not limited to, on motorways, in tunnels or in any another area where parking is prohibited or where access to vehicles is clearly impossible.
The Provider will 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.
- Requirements for membership
The Customer’s registration in the Register is considered acquired when the Provider sends the confirmation e-mail to the address indicated by the Customer during registration.
The Provider reserves the right to refuse the Client’s Subscription on the basis of its unquestionable assessment of the Client’s solvency, after appropriate verification.
Following the Subscription, the Provider proceeds with the registration of the Customer in the Register.
7. Duration and Termination
Entry in the Registry will be considered effective from the date of its communication by e-mail to the Client by the Provider.
The Provider may, at any time, terminate this Agreement in accordance with the provisions of Article 12.
The Customer can exercise the right to withdraw from the Contract and the related General Conditions at any time through the button ‘Delete Account’ present in the E-GAP App. The Customer may also exercise its right of withdrawal by revoking the proposal even before receiving the notice of acceptance by the Provider.
Withdrawal from this Contract by either party – or the termination of the Contract itself – will result in the automatic loss of Customer status, with the related termination of any relationship – directly and/or indirectly – connected or related to the Services.
- Services and Tariffs
8.1 Recharge Service
The Mobile Electric Recharge Services of E-GAP that can be requested by the Customer are identified based on the duration of the provision of electric recharge and a maximum limit of kWh that will 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 10 (ten) kWh;
- MEDIUM: a Recharge Service with a maximum duration of 45 (forty-five) minutes, with an energy output of up to 20 (twenty) kWh;
- LARGE: a Recharge Service with a maximum duration of 60 (sixty) minutes, with an energy output of up to 30 (thirty) kWh.
The response time – i.e., the maximum time between ordering and commencement of Recharge – for all Recharge Services is (i) within 90 (ninety) minutes, or (ii) within 360 (three hundred sixty) minutes.
The charging time starts from the moment in which the E-GAP system begins to deliver energy, after connecting the charging cable to the Customer’s vehicle. The Provider delivers energy for the duration of the Recharge Service requested by the Customer until the maximum limit of kWh provided for that period of time 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 expected if the maximum number of kWh deliverable is reached in advance; in this case, the Recharge Service will end, therefore, when the maximum number of kWh is reached and not at the end of the initially foreseen recharge time. Vice versa, once the maximum duration of the Recharge Service requested by the Client has been reached, the Recharge Service will terminate even if the expected kWh have not been fully supplied.
Recharging is therefore considered regularly carried out 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.
- Additional Services
The Provider may communicate to the Customer, through the e-mail address provided at the time of registration in the Register or through the E-GAP App, any Additional Services: some Additional Services are provided exclusively during the supply of the recharge, 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 Refill Service and Car Washing Service (external).
- Emergency Recharge Service: the Manager offers an Emergency Recharge Service for Customers left without residual autonomy (discharged battery), carried out with the shortest intervention time (i.e., time between the request for the service and the start of the recharge) compatible with the availability of a free E-GAP van and including (i) the Start&Go service, which allows to reactivate an electric car that has ignition problems, for example because it has been idle for too long, and (ii) a recharge with a maximum duration of 30 (thirty) minutes and a supply of energy up to 5 (five) kWh.
The Emergency Recharge Service is accessible exclusively through the dedicated toll-free number 800 141313 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 Provider 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.
Notably, these other services include roadside assistance.
7.3.1 Roadside Assistance Service: the Provider offers a complementary service of roadside assistance provided by a third party provider, partner of E-GAP in the field of roadside assistance.
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 Refill Service. However, the Roadside Assistance Service can be activated on the whole national territory.
The fees for the Services offered by the Manager are set forth in Annex 1.
The Provider may update the rates at any time. Any change in rates will be communicated to the Customer by direct notification to the email address provided at the time of registration with the Registry and will also be posted on the E-GAP App.
- Reservation and request of Services
The modalities of reservation and request of the Services offered by the Provider are indicated in the E-GAP App. The modalities of reservation and request of the Services may differ from one Service to another and are made: (i) through the E-GAP App or (ii) by calling the toll-free number 800141313.
The Customer acknowledges that these are the only ways to access the Services and therefore undertakes to strictly comply with them.
- Promotions, conventions and subscriptions
According to the promotions of the Provider or specific commercial agreements with third parties, the Customer can benefit from promotions, discounts, prepaid vouchers, special rates and/or subscriptions for the use of the Services.
The Customer can take advantage of these promotions, discounts, prepaid vouchers, special rates and/or subscriptions by following the appropriate indications directly in the E-GAP App.
In order to use subscription services – and possibly some promotions, conventions or agreements – the Customer may be required to sign specific additional conditions, in addition to these General Terms and Conditions and the Form. The subscription contract – read, signed and accepted by the Customer – will be supplementary to these General Terms and Conditions and subject to compliance with them; the subscription contract will therefore be ancillary to the Contract.
- Billing conditions and payments
The payment system (credit card, prepaid card, PayPal or other) communicated by the Customer at the time of registration is the normal method of payment for the Services. The total amount of Services requested by the Customer and provided by the Provider will be billed and charged to the Customer after each Service.
If payment is rejected by the system for a charge, the Provider shall inform the Customer of the non-payment. In this case, the Provider reserves the right to suspend the provision of Services to the Customer until the amounts 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 Provider may, after giving the Customer a formal notice of payment, charge statutory interest from the date of the formal notice.
Each Service is the object of a single detailed invoice, issued within 24 hours from the supply of the same.
The invoice is issued by the Provider in electronic format and is sent to the Client – as a courtesy copy – to the e-mail address communicated during registration in the Registry.
- Termination of the Contract
The Provider reserves the right to terminate the Contract and these General Conditions by sending a written notice to the Customer by e-mail or registered letter with return receipt to the addresses provided by the Customer at the time of registration in the Registry, in the following cases:
- if the Customer is under 16 years of age at the time of registration in the Registry or order of the Services
- the use of false credentials and documents – or in any case not traceable to the Client – at the time of enrolment in the Register and/or ordering the Services offered by the Provider, including the indication of promotions, conventions and subscriptions that the Client is not entitled to use;
- failure to pay for Services after formal notice from Provider;
- failure to pay penalties imposed pursuant to 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 Provider:
- by registered letter with return receipt sent to the addresses indicated in Article 18 of these General Conditions; or
- directly through the “Delete Account” button on the E-GAP App.
- Exemption from liability
With the exception of cases of wilful misconduct or gross negligence on the part of the Provider, the latter shall not be liable for direct or indirect damages of any nature whatsoever that the Customer or third parties may suffer – for whatever reason – as a result of the Services that are not directly attributable to the Provider, nor for variations in the methods, times, schedules and/or conditions of provision of the Services, nor for the suspension, interruption or in any case unavailability of the Services themselves resulting from circumstances relating to technological equipment and telecommunications information systems that are beyond the control of the Provider.
Furthermore, any liability of the Provider for failure to provide the Services and/or for any damage attributable to the malfunction of the Customer’s vehicle is excluded.
The Customer also expressly agrees that the provision of the Services will not be assured by the Provider if the Customer’s vehicle is not parked properly. In addition, the Services may not be provided by the Provider if the Customer’s vehicle is parked in such a manner as to prevent the Provider’s operators from properly performing the Services without impeding traffic, compromising safety or resulting in a traffic violation and, in particular, without limitation, on highways, in tunnels or any other area where parking is prohibited or where vehicle access is manifestly impossible.
The Provider reserves the right to apply the penalties indicated in Annex 2 to the Customer in the cases provided for therein and regulated by the Contract, without prejudice, in any case, to compensation for greater damages.
- Force majeure
It is excluded any liability of the Provider 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, lack 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 Provider 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 Provider 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.
- Personal Data
- Applicable law and Jurisdiction
These General Terms and Conditions are governed by Italian law and will be interpreted in accordance with it.
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 termination, shall be subject to the exclusive jurisdiction of the Court of Rome.
- Communications and Notifications
Any communication required or permitted by the provisions of this Agreement shall be made in writing by, alternatively, certified electronic mail (PEC) or by registered letter with acknowledgment of receipt, provided that it is addressed to E-GAP as follows:
Via Flavia, 3 – 00187 Rome
Customer service: 800 141313
or at the different address or PEC that the Provider may communicate to the other in accordance with the above provisions.
Any notice or notification required or permitted by this Agreement shall be deemed to be effectively and validly given (i) on the date of receipt, if sent by certified electronic mail, or (ii) on the date specified in the acknowledgment of receipt, if sent by registered mail.
The Customer declares to have read and to know the content 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 (Completetion of the Contract), Article 3 (Modification of Terms and Conditions), Article 4 (Intuitu personae), Article 5 (Discipline of the Services), Article 6 (Requirements for Membership), Article 7 (Duration and Termination), Article 8 (Services and Tariffs), Article 9 (Reservation and Request of Services), Article 10 (Promotions, Conventions and Subscriptions), Article 11 (Billing conditions and payments), Article 12 (Termination of the Contract), Article 13 (Exemption from Liability), Article 14 (Force Majeure), Article 15 (Discounts), Article 16 (Personal Data) and Article 17 (Applicable Law and Disputes) of this Contract.
In addition, the Customer agrees and acknowledges that, in the cases set forth in Annex 2 (Penalties) of this Contract, the Provider may apply the penalties described therein by charging them directly to the Customer through the method of payment indicated and registered by the Customer.
Annex 1 – Current rates
Recharge Service Rates
|Within 1,5 hours||Within 6 hours|
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 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|
|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|
|Freeway towing (including 30 km from place of detention to destination)||€ 146,40|
|Chilometri (andata e ritorno) in autostrada in eccedenza ai 30 km inclusi che il Cliente dovrà pagare direttamente al driver del carroattrezzi fornitore del servizio||€ 1,10/km|
Prices include VAT
ANNEX 2 – PENALTIES
The Provider reserves the right to apply the following penalties to the Customer in the event that the cases provided for and regulated by the Contract occur, without prejudice – in any case – to the compensation for greater damages.
In particular, after carefully examining the individual Service, the Provider will inform the Customer by push notification or e-mail, or by contacting him by phone, of the operational difficulty in providing the requested Service.
In the event that it is impossible for the Manager to provide the Service due to a fact or fault attributable to the Customer (in the case, for example, that the Customer’s vehicle is not present at the point indicated when requesting the Service), after a tolerance period of 5 (five) minutes from the communication to the Customer, the Manager reserves the right to charge the Customer – via the payment method indicated during registration – the following penalties:
- € 10.00 (ten/00 euros), VAT included, in the event that it is not possible to carry out 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, 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 suspension and/or termination of the Contract pursuant to Article 12 above; the relevant amounts will be recovered by the Provider in accordance with law.