General terms and conditions for the provision of electric vehicle charging services
1. General terms and conditions
These general terms and conditions are intended to govern the provision of electric vehicle charging services (the “Charging Services”) at Atlante S.r.l. charging infrastructure (the “Charging Infrastructure”), in compliance with the regulations set out in Legislative Decree 206/2005 and subsequent amendments and additions (the “Consumer Code”).
Customers who intend to use the Charging Services are required to consult these general terms and conditions.
These general terms and conditions (the “General Terms and Conditions”) apply both in the event that the customer is a “consumer or user” in accordance with Art. 3(1a) of the Consumer Code, i.e. a natural person acting for purposes unrelated to their commercial, entrepreneurial, craft or professional business, and in the event that the customer is a “professional” in accordance with Art. 3(1c) of the Consumer Code, i.e. a natural or legal person running their entrepreneurial, commercial, craft or professional business, or their intermediary.
The provider of the Charging Services may – at its discretion – modify the General Terms and Conditions, with no requirement to inform customers in advance. Any changes made will take effect as of the date on which they are made available via a link that can be accessed by means of a QR code affixed on the Charging Infrastructure.
The provider of the Charging Services is Atlante S.r.l. (the “Provider”), with its registered office at Piazzale Lodi 3, 20137 Milan, Italy, Monza-Brianza-Lodi Companies Register No. 12023950962, share capital EUR 1,000,000.00, subject to the management and coordination of NHOA S.A.
3. Scope of the agreement
This agreement covers the provision of the Charging Services at the Charging Infrastructure, against payment of the fee set out in Article 6 below.
4. Access to the Charging Services
Access to the provision of the Charging Services is permitted solely to customers aged over 18 years.
In order to obtain the provision of the Charging Services, customers are required to follow the instructions that will appear on the Charging Infrastructure display, with no need to register in advance.
At the end of the provision of the Charging Services, customers will be required to vacate the area in front of the Charging Infrastructure to allow other customers to use the Services.
5. Electrical power level available
The level of instantaneous electrical power that can be supplied from the charging sockets can reach a maximum equivalent to the value in kW indicated on the Charging Infrastructure.
The maximum power level indicated on the Charging Infrastructure may not actually be delivered due to technical reasons, including but not limited to network congestion or other technical causes related to the vehicle, the state of the battery or the network connection.
The Provider may not be held liable for the supply of energy at the Charging Infrastructure at below the maximum level indicated, nor may it be held liable for any damage to the vehicle as a result of absorption of energy beyond the levels allowed for the said vehicle.
6. Fee for the Charging Services
The fee for the Charging Services is calculated on the basis of the kWh drawn from the Charging Infrastructure. The said fee is all-inclusive and includes any applicable taxes.
The fee applicable to the Charging Services provided to customers is calculated by multiplying the kWh drawn by the unit cost indicated on the Charging Infrastructure upon the provision of the Service.
7. Payment methods for the Charging Services
Payment for the Charging Services may only be made by Visa, Mastercard or Maestro credit cards.
Before the start of provision of the Charging Services, pre-authorisation on the customer’s card will be requested for a set amount; once the transaction has been authorised and charging has been completed, payment will be made – within the limit of the pre-authorised amount – by debiting the credit card.
8. Assistance service
Customers will find the telephone number to call for any assistance they may require during the provision of the Charging Service or thereafter on the Charging Infrastructure.
9. Limited liability
The Provider may at any time and its discretion set time and/or access restrictions on one or more of its Charging Infrastructure facilities.
Other than in cases of wilful misconduct and gross negligence, the Provider may not be held liable for direct or indirect harm of any kind caused to the customer or third parties, not directly attributable to the said Provider, such as damage due to changes in the methods, timing and/or conditions of provision of the Charging Services as a result of vehicle, computer or telecommunications systems malfunctions and otherwise as a result of causes attributable to the energy supplier and/or third parties in general.
Any Provider liability whatsoever is waived for failure in whole or in part to fulfil the obligations assumed as a result of force majeure, including but not limited to: measures of the Italian State and Government, acts of the Public Authorities, legal limitations, epidemics, fire, flooding, explosions, mobilisations, riots, strikes, industrial action, power cuts, interruption of telephone lines, lack of fuel oils and others.
11. Protection of personal data
12. Applicable law – Complaints – Judicial protection
This agreement is governed by the laws of Italy.
Any complaints may be made to the Provider by sending an e-mail to email@example.com. The said e-mail address is also displayed on the Charging Infrastructure.
The Provider undertakes to respond to requests received within 30 working days.
Customers may also contact the Provider via the aforementioned e-mail address with any suggestions aimed at improving the Charging Services.
In compliance with the rules of the Consumer Code, for customers who are also consumers under the definition set out in the Consumer Code, the court in the place where the customer resides or has stated their address for service has jurisdiction over any disputes relating to the application, implementation and interpretation of these General Terms and Conditions. In all other cases, the Court of Milan has jurisdiction.
The customer stipulates that they expressly accept the content of Articles 5 (Electrical power level available), 10 (Limited liability) and 12 (Applicable law – Complaints – Judicial protection).