General Terms and Conditions for the use of electric vehicle charging infrastructure provided by E.ON Drive Infrastructure Italy S.r.l.
1. Scope of application
1.1. These General Terms and Conditions (“GTC”) govern the use of the electric vehicle charging service (“Service”) at the charging infrastructure of E.ON Drive Infrastructure Italy S.r.l., with registered office at Via dell’Unione 1,Milan (MI), VAT/Tax Code 10716630966 (‘EDRI’).
1.2. The GTC apply to consumers within the meaning of Legislative Decree No. 206/2005 and subsequent amendments and integrations (‘Consumer Code’), or professionals as defined by the Consumer Code.
1.3. When a user (‘Customer’) initiates the charging procedure to use the Service, a single-use contract (ad hoc charging with one-time payment) is concluded between the Customer and EDRI, in the capacity of Service provider.
2. Conditions for activation and use of the Service
2.1. To use the Service, the Customer must follow the instructions displayed on the charging infrastructure screen. The Customer is required to select a charging socket and a payment method accepted by EDRI. The payment methods accepted by EDRI are as follows: credit or debit card Visa, Mastercard, Apple Pay and Google Pay.
2.2. Activation of the Service is subject to the successful pre-authorization to the purchase, for an amount indicated in the following article 3.3 and on the payment terminal display of each charging infrastructure. Only upon confirmation of the pre-authorization, the Customer may start charging the electric vehicle.
2.3. Upon completion of the charging session, only the amount actually due will be charged via the payment method selected by the Customer. As confirmation of the transaction, the Customer may display a receipt on the screen of the charging infrastructure or request the same by following the directions available on the payment terminal. Alternatively, the Customer may request the issuance of an electronic invoice by entering the necessary data on the link provided on the payment terminal, following the instructions therein.
2.4. The Customer must use the charging infrastructure with reasonable care and diligence and is responsible for the initiation, management and proper completion of the charging session.
2.5. The charging infrastructure is intended exclusively for charging electric vehicles, and any other use is expressly prohibited.
3. Service Fee
3.1. The fee for the Service, expressed in €/kWh, will be visible on the charging infrastructure display before the charging session begins. The all-inclusive fee for using the Service is calculated by multiplying the energy delivered by the unit rate shown on the display.
3.2. After a period of 45 minutes from the start of the charging process, a fee of €0.15 per additional minute will be applied to the Customer.
3.3. Before starting the charging session, the Customer will be asked for a pre-authorization amount of €45.00.
4. Liability
4.1. EDRI shall not be held liable for any malfunction or unavailability of the charging infrastructure, nor for any damages resulting from interruptions or irregularities in the supply of electricity, to the extent that such events result from interruptions in the operation of the electricity grid, including connection to the grid itself.
4.2. In particular, EDRI shall not be held liable in the event that the maximum level of deliverable energy power, indicated by the charging infrastructure, is not actually achievable due to technical reasons or for other circumstances beyond EDRI’s control and not attributable to its will.
4.3. The electric vehicle connected to the charging infrastructure, as well as all equipment used for this purpose by the Customer (e.g., charging cables), must comply with applicable regulations. EDRI shall not be held liable if the electric vehicle cannot be charged or cannot be safely charged due to a defect in the vehicle itself and/or the equipment used and/or due to improper use by the Customer.
4.4. Within the contractual relationship with the Customer, EDRI may only be held liable:
(i) for personal injury (i.e., harm to physical integrity and/or health);
(ii) for damages resulting from willful or grossly negligent violation of applicable mandatory regulations;
(iii) for damages resulting from the breach – even due to slight negligence – of essential contractual obligations (i.e., obligations fundamental to the proper performance of the Service, on the fulfillment of which the Customer may reasonably rely), to the extent of damages foreseeable at the time the obligation arose. Any further liability of EDRI is expressly excluded.
5. Customer Service
5.1. Customer Service can be contacted at: +390299251655 or via email at: operations.it@edri.com. In case of telephone contact to customer service, the only charges the Customer shall bear are those applied by their telephone operator according to their tariff plan.
6. Force Mjeure
6.1. EDRI shall not be held liable for any delay or failure to perform contractual obligations, if such failures or delays are attributable to force majeure.
6.2. Force majeure events include, but are not limited to, natural disasters, epidemics, pandemics, explosions, mobilizations, riots, strikes, industrial disturbances, electricity shortages, telephone line interruptions, measures of the State and/or the Public Administration, acts of the Public Authority.
7. Governing law and jurisdiction
7.1. These GTC are subject to Italian law.
7.2. Any complaints must be addressed to EDRI by sending an email to operations.it@edri.com.
7.3. Any disputes that may arise in connection with the use of the Service or the GTC, including those relating to their application, interpretation, subsequent amendments and/or integrations, shall be submitted to the court having jurisdiction under the law.
8. Final provisions
8.1. EDRI reserves the right to update, supplement, and/or modify the Services and the GTC without specific notice to Customers. Any changes to these GTC shall be deemed valid and effective from the date they are made available to Customers via QR code published either on the charging infrastructure or on the payment terminal.
8.2. Activation of the Service implies full acceptance of the GTC by the Customer.