BE CHARGE APP: TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS
These general terms and conditions (“General Terms and Conditions” or “Agreement“) govern the terms and conditions of the “BE CHARGE” services (the “Services” and, each individually, a “Service“) provided by BE CHARGE S.R.L., VAT number: 09957510960; with registered office at Milano, Via Carlo Bo – no. 11, e-mail/certified email address: bechargesrl@legalmail.it, telephone number 0237929489 (“BE CHARGE” or “BEC“), through the BE CHARGE app (the “App“) to customers. To access the use of the Services, it shall be necessary to enter your billing information and a valid payment method in the App, and optionally register as a customer of the Service (“Customer” or “User“) according to the instructions provided in the following Article (2) “Registration and subscription to the Service“, upon acceptance of these General Terms and Conditions. The Customer acknowledges and agrees that the prices for using the Services are identified in the document “Annex 1: Rates for the use of the Services through the BE CHARGE APP” (the “Rates“) attached to these General Terms and Conditions, of which they form an integral and substantial part, and available at the following link https://www.bec.energy/termini-e-condizioni-tariffe. The General Terms and Conditions shall also be applicable to any new Services that may be provided to Customers in the future, subject to their acceptance.
1. PURPOSE OF THE AGREEMENT
1.1. The purpose of this Agreement is BE CHARGE’s provision of the following Services through the App:
a) charging of an electric vehicle at the public charging stations (“Charging Service“) of BEC (“BEC Charging Stations“) and/or of third-party operators (“Third Party Charging Stations”, the BEC Charging Stations and the Third Party Charging Stations collectively the “Charging Stations“), compatible with the Service, which the Customer may access through the App or through the associated RFID card;
b) display on a map of the Charging Stations dedicated to electric vehicles compatible with the Services provided by BE CHARGE;
c) selection by the Customer of the preferred Charging Stations;
d) reserving a socket at a Charging Station for a predefined time interval prior to unlocking and starting the charging process at the selected Charging Station;
e) unlocking of the individual socket and start of the charging process at the selected Charging Station, also through the use of the RFID Card associated with the profile;
f) monitoring of the charging process for the BEC Charging Stations and, if available, for the Third-Party Charging Stations;
g) interruption of the charging process through the dedicated button on the App or through the RFID Card associated with the profile;
h) notification of the conclusion of the free parking term (such term commences from the termination of the Charging Service use and until the execution of the penalties as set forth under Article 5), upon the Customer’s agreement to receive notifications through the App;
i) purchase and association of an RFID Card with the profile;
j) automatic payment of the fee for the Service, according to the methods pre-set by the Customer in their profile;
k) archiving and displaying in a dedicated section the history of charging sessions and invoices received;
l) subscription and modification of one’s Rate Plan;
m) changing one’s personal data and payment method associated with the profile;
n) associating multiple profiles to the same account. Each profile shall be characterised by a dedicated Rate and/or a dedicated display of the Charging Stations it can access. BEC will identify these profiles through the association to a unique code in the profile creation section of the App or website.
1.2. BE CHARGE reserves the right to activate some of the Services at even a later stage than the signing of this Agreement.
1.3. The Customer shall observe and comply with the provisions contained in these General Terms and Conditions and its Annex for each use of the Service and for the entire term of this Agreement.
2. REGISTRATION AND SUBSCRIPTION TO THE SERVICE
2.1. Access to the Service may take place:
i) following the Customer’s proper registration using the App. Instructions for registering and subscribing to the Service are available in the “How It Works” section, and for further details, in the “Frequently Asked Questions” section both in the App and the BE CHARGE website. By completing the registration procedure and clicking on the “Accept” button, the Customer represents and warrants that he/she has carefully read and expressly accepted these General Terms and Conditions, its Annex, and the Privacy Policy;
ii) without prior registration on the App, by entering the billing information and payment method during the provision of the Service. To use the Service, these General Terms and Conditions, its Annex and the Privacy Policy must be accepted. Instructions for accessing the Service without registering are available in the “How It Works” section, and for further details, in the “Frequently Asked Questions” section both in the App and the BE CHARGE website. These General Terms and Conditions and, if applicable, the document “Annex 1 – Fees for the use of the Services through the BE CHARGE APP” also apply to anyone who decides to access the App without prior registration. Customers who opt to use the Services without registration cannot purchase the Rate Plans outlined in Article 4 of “Annex 1: Fees for the use of the Services through the BE CHARGE APP“.
2.2. Customers who wish to use the Services without registering may, after entering the data necessary for payment and invoicing, only use the following Services:
a) charging of the electric vehicle at Charging Stations compatible with the Service that the Customer can access through the App, solely based on the Consumption Rate as defined under Article 3 of the “Annex 1: Fees for the use of the Services through the BE CHARGE APP“;
b) display on a map of the Charging Stations dedicated to electric vehicles compatible with the Service provided by BE CHARGE;
c) display of the route to reach the selected Charging Station;
d) unlocking of the individual socket and start of the charging process on the selected Charging Station;
e) monitoring of the charging process for the BEC Charging Stations and, if available, for the Third-Party Charging Stations;
f) interruption of the charging process through the dedicated button on the App.
2.3. The activation of the Charging Service is in any case subject to BE CHARGE’s positive outcome of the verification of the payment instrument entered when subscribing to the Service. See Article 6 for accepted payment instruments.
2.4. Membership to the Service is allowed only to those over the age of 18 and to VAT numbers.
3. MODIFICATION OF SERVICES, THE GENERAL TERMS AND CONDITIONS, AND THE RATES
3.1. BE CHARGE retains the right to update, supplement, and/or modify the Services and these General Terms and Conditions for justified reasons, including the following: (a) public interest and/or safety concerns; (b) compliance with applicable law and regulations; (c) legislative and regulatory amendments; (d) implementation of technical improvements and/or changes of the Services and the App, including any updates of the App; (e) improve and modify the Services; (f) design and development of new services by BE CHARGE; and (g) technical, organizational, economic and/or commercial factors that, if unaddressed, would prevent BE CHARGE from continuing to offer the Services provided in these General Terms and Conditions; (h) changes in market conditions.
3.2. Updates to these General Terms and Conditions shall be communicated, with an advance notice of 14 (fourteen) days (the “Notice Term“), directly to the Customer at the email address provided by the Customer during registration and/or subscription to the Services. If the Customer has not withdrawn from these General Terms and Conditions within the Notice Term, the changes shall be considered effective and shall be published on the website https://www.bec.energy/be-charge-app-termini-e-condizioni/, and by means of communication in the App.
3.3. With regard to changes and updates to the Rates, please refer to the document “Annex 1: Rates for the use of the Services through the BE CHARGE APP”.
3.4. In the event of any supplementing, updating, and/or modification of these General Terms and Conditions, including changes to the Rates, the Customer shall have the right to terminate these General Terms and Conditions, as explained in greater detail in Article 4 below and in compliance with the Notice Term.
3.5. It is understood that, if the Customer terminates these Terms and Condition following the modification/supplementing/update of these General Terms and Conditions or the Rates, they shall be entitled to continue using the Services until BE CHARGE deletes the account, as better established in Article 4 below.
3.6. The Customer acknowledges and accepts that changes, additions, and/or updates to these General Terms and Conditions shall be deemed expressly accepted by the Customer, if the Customer does not withdraw from these General Terms and Conditions within the Notice Term, i.e. within 14 (fourteen) days of receiving the communication sent by BE CHARGE referred to in Article 3.2 above.
4. TERM, WITHDRAWAL, TERMINATION
4.1. This Agreement is entered into for an indefinite period of time upon its acceptance by the Customer.
4.2. The Customer, following registration or subscription, may in any case exercise the right to withdraw within 14 days of signing this Agreement (the “Withdrawal Term“).
4.3. Following his or her express consent to and acknowledgement thereof, the Customer who is a consumer under the applicable law and wishes to start using the Services during the Withdrawal Term, shall be held to payment for the Services already delivered, in accordance with the document “Annex 1: Rates for the use of the Services through the BE CHARGE APP“.
4.4. If the Customer purchases a Prepaid Card or “wallet” (as defined in Article 6.4. below) and exercises the right to withdraw within the Withdrawal Term starting from the purchase, BE CHARGE shall return the amount paid to purchase the Prepaid Card or the “wallet”, provided that it has not been used in the meantime (in full or in part). The Customer shall not be reimbursed if they exercise the right to withdraw after the Withdrawal Term’s expiry.
4.5. With regard to Rates, the provisions of the document “Annex 1 – Rates for the use of the Services through the BE CHARGE APP” apply to the exercise of the right to withdraw.
4.6. The Customer may exercise the right to withdraw by sending to the email address support@bec.energy : (a) a unambiguous communication expressing its wish to withdraw from this Agreement to; or (b) sending the completed form in Annex 2 (Annex 2 “Withdrawal Form”). The Customer shall receive feedback on the management of the “Withdrawal” by email. Unless expressly directed by the Customer his account shall not be deleted.
4.7. Without prejudice to the previous Articles, the Customer may terminate this Agreement at any time by activating the designated “Delete Account” button within the ‘Account Data’ section of the App, and should issues ensue from this procedure, by sending an explicit request to this effect to the email address support@bec.energy. Upon such request, BE CHARGE shall delete the account within 10 (ten) days of receiving the termination request from the Customer. In this case, the Customer shall be invoiced for the fees for the Services used until the account is deactivated.
4.8. It is understood that, in the case of an active Rate Plan as provided for in the document “Annex 1 – Rates for the use of the Services through the BE CHARGE APP”, the termination exercised under the Article 4.7. of this Agreement, shall be effective from the day following the expected expiry of the Rate Plan. Similarly, in case Consumers terminate this Agreement with an active Prepaid Card or “wallet” in place, the termination of this Agreement shall be effective from the day following the expected expiry of the Prepaid Card or “wallet”. In both cases, BE CHARGE shall deactivate the account within 10 (ten) days of expiry. In this case, the Customer shall be invoiced for the fees for the Services used until the account is deactivated by applying the Rate in force at the time the Services were used. Should Customers desire immediate termination of their account, regardless of any active Rate Plan or the expiration of the Prepaid Card or “wallet”, such request shall be expressly included in their termination notice to support@bec.energy.
4.9. The Customer’s withdrawal from, or the termination of, this Agreement entails the loss of the status of Customer with an ensuing deactivation of the account and automatic dissolution of the Agreement and of any consequential relationship connected to the Service.
4.10. BE CHARGE shall be entitled to terminate this Agreement with immediate effect under Article 1456 of the Italian Civil Code in the following cases:
i) the Customer is in default of his/her payment obligations; or
ii) the Customer uses the Service in breach of these General Terms and Conditions, in breach of applicable laws and regulations, and/or for illegal purposes and, in particular, in breach of the following clauses: Article 6; Article 9; Article 11; Article 13.
4.11. Without prejudice to Article 4.8 above., BE CHARGE shall be entitled to terminate this Agreement under Article 1454 of the Italian Civil Code, 15 days after the sending of a formal notice which has remained unsuccessful.
4.12. BE CHARGE shall have the right to suspend the Service, upon notice to the Customer, in case of non-payment or partial payment and in the event of late payment of the consideration regarding even a single invoice. The Service and invoicing shall be reactivated upon payment of the balance of the outstanding invoice.
5. USE OF THE SERVICE AND PENALTIES
5.1. The Customer’s registration with, and/or use of, the BE CHARGE App is free of charge.
5.2. The use of the Services by the Customer provides for the payment of a fee for the Charging Service based on the Rates chosen by the Customer. The economic terms and conditions of the different Rates made available to the Customer are better described in the document called “Annex 1 – Rates for the use of the Services through the BE CHARGE APP”, attached to this Agreement and available at the following link: https://www.bec.energy/termini-e-condizioni-tariffe/ .
5.3. The Customer shall not be able to occupy the BEC charging stations and the associated parking area for a longer time than that indicated in the App as “free parking”, at the end of which a penalty shall be applied to the Customer. The “free parking” period begins when the power supply from the Charging Station ends and lasts for 60 minutes. For Quick charging stations exclusively, involving committed power up to 22 kW, penalties for surpassing the ‘free parking’ duration shall not be imposed during nighttime hours, specifically from 11 p.m. to 7 a.m.
5.4. At the end of the “free parking” period, the occupancy time of the BEC charging station relevant for the application of the penalty starts from the end of the “free parking” period as defined above under Article 5.3. until the connector is removed from the Charging Station being used.
5.5. The penalty applied to the Customer for the BEC Charging Stations is quantified by applying a fixed fee for each minute of occupancy of the charging station and its associated parking area. The fixed fees vary depending on the type of socket used and are shown below:
Quick (AC up to 22kW) | €0.10/min |
Fast (DC up to 99kW) | €0.20/min |
Fast+ (DC up to 149kW) | €0.30/min |
Ultrafast (DC over 150kW) | €0.30/min |
5.6. BE CHARGE reserves the right to apply the penalties described above even in the case of recharges made with a power committed below the Minimum Power Level as described in Article 11.
5.7. The start time of the charge can be viewed in real time on the App in the current charging screen and, at the end of the charging session, also in the “Activities – History” section.
5.8. Failure to pay the penalties may result in the suspension and/or termination of the Agreement under Article 4, and the relevant amounts shall be recovered by BE CHARGE in accordance with the law.
5.9. With regard to Third-Party Charging Stations, the terms and fees associated with penalties for overstaying in the related parking areas beyond the established deadlines are defined by the operators who own the charging station.
6. INVOICING AND PAYMENTS
6.1. The invoice shows the charges and/or any credits, specifying the related Services used. The invoice is issued in digital format and is sent to the email address indicated in the billing profile and stored in the “invoice history” section of the App. Payment can be made through the App. The eligible payment methods are indicated below and in the App, in the section relating to payments. The amount due from the Customer to BE CHARGE is charged at the time of the Service’s conclusion. The invoice shall show the charges and/or any credits, specifying the related Services used.
6.2. The invoicing frequency varies depending on the Rate selected by the Customer, as better described in the document “Annex 1 – Rates for the use of the Services through the BE CHARGE APP” attached to this Agreement.
6.3. The payment method is specific to each profile linked to the account and it is associated to the billing profile as provide by the Customer. For all Customers, the payment method associated with their billing profile when subscribing to the Service is the automatic payment method for the Service.
6.4. The payment methods accepted are as follows:
- credit and/or debit card VISA and Mastercard;
- Prepaid Card or “wallet”, a tool provided by BE CHARGE that allows for the crediting of a sum of money to be used for use of the charging Services at the BEC Charging Stations and/or, depending on the cases identified in the App, at Third Party Charging Stations with which BE CHARGE has, where appropriate, entered into an interoperability agreement
6.5. With regard to the Prepaid Card or “wallet”, the Customer can purchase various sizes
BE CARD 50 | BE CARD 100 | BE CARD 150 | |
Cost | 50 | 100 | 150 |
Actual Value | 53 | 110 | 170 |
6.6. The expiry date is 6 months from the date of purchase, which shall be explained in the App at the time of purchase. The wallet can be topped up directly in the App with a credit card.
6.7. Prepaid Cards of other denominations and with different expiry dates are also available, which may be provided by BE CHARGE or third parties directly to the Customer.
6.8. Upon exceeding the indicated deadline in the App, the residual and unused credit on the wallet shall be reset to zero, shall no longer be usable, and shall not be compensated. It is always possible to buy an additional wallet whose credit shall compete, but not accumulate, with the credit of another wallet already present. In the event of multiple wallets, the payment system of the “BE CHARGE” App shall use the credits closest to maturity first.
6.9. If the payment of the Service is unsuccessful, BE CHARGE shall notify the Customer of the non-payment, suspending the Service until the balance of the amount due is paid.
6.10. The RFID Card is a way to start and stop the Charging Service and allows the Customer to start and finish charging according to the Rate of the profile to which it has been associated. The RFID Card is associated with the same payment methods as the App, as described in Article 6.4. The Customer can purchase the RFID Card in the appropriate section of the App. To be activated, the RFID Card must be associated via the App with a Customer profile.
7. DISCOUNT COUPON
7.1. The Customer can take advantage of special Discount schemes offered by BE CHARGE, or its partner or third party, for example through the assignment of Coupons/Vouchers, through the activation of a specific promotion, or through the use of Gift Cards. Discount services are better described in the specific terms and conditions of the relevant promotion.
8. LIABILITY DISCLAIMER
8.1. To the fullest extent permitted by the applicable laws, excluding cases of wilful misconduct or gross negligence on the part of BE CHARGE, , or in the case of death or physical injury caused by an action or omission of BE CHARGE, BE CHARGE shall not be liable for direct or indirect damage of any kind that the Customer or the third party may suffer in any way due to the Service which is not attributable to BE CHARGE, for changes in the methods, times and/or conditions of the Service’s delivery, for the suspension, interruption or otherwise unavailability of the Service dependent on vehicles, technological equipment, telecommunications computer systems, or for any reason attributable to third parties.
8.2. With reference to the display on the map of the Third Party Charging Stations, BE CHARGE may not be held liable for any damage deriving from the imprecise geographical identification of the Third Party Charging Stations, or for any direct or indirect damage resulting from the use of these Charging Stations, which remain the sole liability of the third party provider.
8.3. Furthermore, any liability of BE CHARGE is hereby excluded for the total or partial default on its obligations due to force majeure events including, but not limited to: acts of the State and the Public Administration, acts of the Public Authority, legal limitations, fires, floods, explosions, mobilisations, riots, strikes, industrial disturbances, lack of electricity, interruption of telephone lines, or the lack of fuel oils.
8.4. In any case, to the largest extent allowed by law, the Customer expressly exempts BE CHARGE from any liability for any damage of any kind, except for personal injury, suffered by the Customer and/or by third parties in relation to the performance of the Agreement, not deriving from the wilful misconduct or gross negligence of BE CHARGE, instead attributable to the wilful misconduct or gross negligence of the Customer.
8.5. BE CHARGE or Customers may provide links to other sites or other resources on the Internet/Web network. The Customer agrees and acknowledges that BE CHARGE may in no way be held liable for the operation of external sites or resources. BE CHARGE is not obligated to verify and does not verify the content of such sites, and it accepts no liability for the content and/or material, including advertising, disclosed on such sites or external resources or for the products or services offered therein. Such products or services may not be considered in any way sponsored, shared, or supported by BE CHARGE; therefore, the Customer accepts all liability for any purchases made of such products or services.
9. PROHIBITION OF RESALE OR COMMERCIAL USE OF THE SERVICES
9.1. The Customer’s right to use the Services is personal and non-assignable. The Customer is prohibited from reselling or making any other commercial use of the Services without the written consent of BE CHARGE.
10. INDEMNIFICATION
10.1. The Customer shall use the Services solely for lawful purposes permitted by the applicable legal provisions, by the usages and customs, by the rules of diligence, in any case without harming the rights of any third party, and with particular regard to data protection rules, laws on the protection of intellectual and industrial property, and telecommunications legislation. The Customer accepts full and exclusive responsibility for the content of the messages and texts sent by him/her or on his/her behalf to third parties through the Services, acknowledging him/herself to be solely liable and indemnifying and holding harmless BE CHARGE, as well as the subjects connected to it or controlled by it, its representatives, employees, as well as any BE CHARGE partner, from any resulting claim for damages or reimbursement, also reimbursing BE CHARGE for any costs (including legal fees) arising from claims or actions of third parties against it for damages caused by the Customer or by persons authorized by the Customer to access the Services.
10.2. With regard to the foregoing, the Customer shall immediately notify BE CHARGE at the email address support@bec.energy of any unauthorised use by third parties of their account or any other breach of security of which they become aware; however, they heretofore agree to indemnify and hold BE CHARGE harmless from any and all claims, including claims for damages, proposed and/or arising, directly or indirectly, from the aforementioned use or abuse by anyone.
11. DELIVERABLE ENERGY BASED ON POWER LEVEL
11.1. The instantaneous power level of energy that can be used from the charging sockets may reach a maximum equivalent to the value in kW indicated on the App (the “Maximum Power Level“).
11.2. For the proper use of the Charging Service, the Customer must set a minimum threshold of instantaneous power that can be absorbed by the vehicle of at least 1 kW (“Minimum Power Level“).BE CHARGE reserves the right to terminates these Terms and Conditions, in accordance with Article10 above, and apply the penalties set forth in Article 5 above, in the case of charges carried out with a committed power below to the Minimum Power Level.
11.3. The Maximum Power Level indicated on the App may not actually be delivered due to technical reasons including, but not limited to, network congestion or other technical causes inherent to the vehicle, battery status, charging infrastructure, or network connection.
11.4. It is understood that BE CHARGE shall not be held liable in any way for any energy power deliveries that are lower than the Maximum Power Level, even if this is indicated or estimated on the App.
12. PROCESSING OF PERSONAL DATA
12.1. It may be necessary to process the Customer’s personal data to access and use the Services. BE CHARGE shall carry out such processing of personal data in compliance with the applicable legislation on the protection of personal data, including Regulation (EU) 2016/679 (the “GDPR”) and based on the Privacy Policy available in the appropriate section of the App. The processing of Customers’ personal data shall take place on the basis of what is communicated in the disclosure of the processing of personal data provided under Article 13 of the GDPR.
13. INTELLECTUAL PROPERTY RIGHTS
13.1. The Customer expressly acknowledges that all intellectual and/or industrial property rights, including, but not limited to, know-how, source code, software, hardware, projects, applications, patents, trade secrets, formulas, algorithms, models, databases, trademarks, models and the like, relating to the Services, the App, the BE CHARGE website, data, and other materials from BE CHARGE or otherwise made available to the Customer by BE CHARGE under this Agreement are and remain the exclusive property of BE CHARGE and the subjects of which it is the legitimate licensee.
13.2. It is expressly forbidden for the Customer to reproduce, copy, modify, sell, assign, license, confer, transfer to third parties, and/or create derivative works from any of BE CHARGE’s intellectual and/or industrial property rights, or to allow third parties to do so through the Customer, its electronic device, or its BE CHARGE account. Finally, the Customer acknowledges that all content (including, but not limited to, software, images, graphics, photographs, music, sound, videos, texts, data, etc.) of any promotional correspondence between the Customer and third parties who advertise their products through the “web mail” service are protected by current regulations on copyright, trademarks, trademarks of the Service, patents, or other proprietary rights and laws. Some areas of the App implement Google Maps mapping services, including Google Maps’ Application Programming Interfaces (APIs). The Customer’s use of Google Maps is subject to the terms and conditions of the services provided by Google Maps.
14. APPLICABLE LAW AND JURISDICTION
14.1. These General Terms and Conditions are subject to the current Italian laws in force. This is without prejudice to the application to Customers who are also consumers as set out in the Italian Consumer Code, as defined below, but who do not maintain their usual residence in Italy, of any more favourable and mandatory provisions provided for by the law of the country in which they maintain their usual residence.
14.2. In compliance with current regulations (Legislative Decree No. 206/2005, as subsequently amended – the “Italian Consumer Code“), in the case of a Customer who is also a consumer as set out in the Italian Consumer Code, for any dispute relating to the application, performance, or interpretation of this Agreement, the court of the place where the Customer resides or has elected domicile holds jurisdiction. The Court of Milan has jurisdiction over all other cases.
15. ALTERNATIVE DISPUTE RESOLUTION
15.1. BE CHARGE informs the Customer who is a consumer as set out in the Italian Consumer Code that, if this Customer has submitted a complaint to BE CHARGE, following which, however, it was not possible to resolve the ensuing dispute, it may refer the dispute for an amicable settlement to ResolviOnline, an independent and institutional service provided by the Arbitration Chamber of the Milan Chamber of Commerce. A Customer who is also a consumer as set out in the Italian Consumer Code may consult the website risolvionline.com for more information on the regulation of ResolviOnline or to send a request for settlement.
15.2. As an alternative to Article 15.1. above, BE CHARGE also informs the Customer who is also a consumer as set out in the Italian Consumer Code that a European platform for the online resolution of consumer disputes has been established (known as the “ODR platform”). The ODR platform may be accessed at the following address: http://ec.europa.eu/consumers/odr/. Through the ODR platform, a Customer who is also a consumer as set out in the Italian Consumer Code may consult the list of ADR bodies, find the link to each one’s website, and initiate an online resolution procedure of the dispute involving them. The BE CHARGE email address to be indicated in the ODR platform is the following: bechargesrl@legalmail.it.
15.3. A Customer who is also a consumer as set out in the Italian Consumer Code who resides in a member state of the European Union other than Italy, may also access, for any dispute relating to the application, performance, or interpretation of these General Terms and Conditions, the European procedure established for small claims by Regulation (EC) No. 861/2007 by the European Council of 11 July 2007.
15.4. In any case, this is without prejudice to the rights of Customers who are also consumers as set out in the Italian Consumer Code to appeal to the ordinary court competent for any dispute arising from these General Terms and Conditions, whatever the outcome of the out-of-court settlement procedure, as well as, where the conditions are met, to promote an out-of-court resolution of disputes, where appropriate, through the use of the procedures referred to in Part V, Title II-bis of the Italian Consumer Code, titled “Out-of-court resolution of disputes“.
16. SUPPORT AND COMPLAINTS
16.1. Customers may request information, send communications, or submit complaints to BE CHARGE in the following ways:
i) through the App, by accessing the following Customer Service section;
ii) by sending an email to support@bec.energy;
iii) to the following telephone number, which is active 24h/7: +39 0230329064.
BE CHARGE shall respond to complaints by email within 5 working days from the date of the complaint.
17. UNFAIR TERMS AND CONDITIONS
17.1. The parties expressly represent and warrant that they accept the content of Articles 2, 3, 4, 5, 6, 8, 10, 11, 14, and 15.
ANNEX 1: RATES FOR THE USE OF SERVICES THROUGH THE BE CHARGE APP
This document, attached to the General Terms and Conditions that regulate the use of the Services provided to its customers by BE CHARGE S.R.L. (“BE CHARGE” or “BEC“) through the App, describes and regulates the different rates (the “Rates“) for the use of the charging service for electric vehicles (the “Charging Service“) at the public BEC charging stations (the “BEC Charging Stations“) or of compatible third party operators (the “Third Party Charging Stations“, the BEC Charging Stations and the Third Party Charging Stations collectively the “Charging Stations“), which the Customer can access through the App or associated RFID Card.
1. DEFINITIONS
1.1. In this document, unless otherwise defined, the words and expressions indicated with the capital letter shall have the meaning attributed to them in the General Terms and Conditions of which this document represents an Annex and forms an integral and substantial part.
2. RATES FOR THE USE OF THE CHARGING SERVICE
2.1 The use of the Charging Service provides for the payment of a fee based on the Rate chosen by the Customer. This fee is all-inclusive, covering all costs related to the Customer’s use of the Service, including any taxes for which the applicable legislation provides for the right of recourse.
2.2. Different Rates are available for the use of the Charging Service. If the Customer does not select a Rate for the use of the Charging Service, the Consumption Rate (as defined below) shall be applied to the Customer.
3. CONSUMPTION RATE
3.1. The consumption rate corresponds to the € (or other currency)/kWh price that is applied to the Customer for the use of the Charging Service at the Charging Stations (the “Consumption Rate“).
3.2. The amount applied to the Customer for using the Charging Service is calculated by multiplying the kWh provided to the Consumption Rate published in the App in relation to the Charging Station chosen by the Customer. The Consumption Rate may differ depending on the type of socket chosen by the Customer from among the various options available, namely Quick (AC), Fast (DC), Fast+ (DC) and Ultrafast (DC). and by the operator of the Third-Party Charging Station. The Consumption Rate applied for the use of the Charging Service may differ depending on the Charging Station chosen by the Customer from those available in the App. In this sense, it is hereby specified that the amount of the Consumption Rates applied for the use of the Charging Service at the Third Party Charging Stations is in all cases defined by BE CHARGE; this amount may vary: i) compared to the Consumption Rate applied for the use of the Charging Service at the BEC Charging Stations; and ii) compared to the rates applied by other operators for the charges made at their own Charging Stations.
4. RATE PLANS
4.1. As an alternative to the Consumption Rate, the customer may decide to use the Charging Service with the application of the different fees provided for by the recurring fixed-fee rate plans (the “Rate Plans“).
4.2. Under the Rate Plans, Customers are charged a fixed recurring fee every 30 days. In return, they receive a variable discount on the Consumption Rates listed on the BE CHARGE App (as regulated under Art. 3 of this document). Below are the detailed terms and conditions provided for each Rate Plans offered by BE CHARGE:
BE START | BE MEDIUM | BE PREMIUM | |
Fixed fee recurring every 30 days | €9.90 | €13.90 | €19.90 |
Discount applied on the Consumption Rate | 20% | 30% | 40% |
4.3. The terms and conditions provided for in the Rate Plans are applicable exclusively to charges made, both through the App and through the RFID card, at BEC Charging Stations and Third-Party Charging Stations available in Italy and the Republic of San Marino. Rate Plans can only be purchased by Customers who have selected Italy as the “prevailing charging country” in the App. Once the Rate Plan has been purchased, if the Customer changes the “prevailing charging country”, the selected Rate Plan shall remain active and subject to automatic renewal, unless cancelled.
4.4. Rate Plans have a term of 30 days. At the end of this period, automatic renewal is provided, unless terminated within a term of 30 days from the date of activation or last renewal of the Rate Plan. Termination can be done by selecting the relevant button in the detailed view of the active Rate Plan. If terminated, the Customer shall be charged the Consumption Rate for using the Charging Service after the plan’s expiration.
4.5. Within the same term referred to in Art. 4.4, the Customer may also request a change in the selected Rate Plan (e.g., from Be Start to Be Medium). In this case, the change in Rate Plan shall become effective from the end of the 30-day period from the date of activation or last renewal of the previous Rate Plan.
5. RIGHT TO WITHDRAW FROM THE RATE PLANS
5.1. If the Customer purchases one of the Rate Plans governed under Art. 4 of this Annex, the selected Rate Plan shall only be activated once the 14 days from the purchased of the Rate Plan have elapsed, , for the exercise of the right to withdraw (“Withdrawal Term”). In this case, against the exercise of the right to withdraw, BE CHARGE shall reimburse the Customer in full for the amount paid as a recurring fixed fee.
5.2. If, during the subscription phase or after, the Customer instead requested the immediate activation of the Rate Plan without acknowledging and agreeing to the loss of his right to withdraw the Rate Plan shall be activated immediately, and the Customer shall be able to start using it during the Withdrawal Term. In this case, against the subsequent exercise of the right to withdraw, BE CHARGE, shall reimburse the amount paid as a fixed recurring fee at the time of signing the Rate Plan selected by the Customer, in the shortest possible time from the date on which BE CHARGE is informed that the right of withdrawal has been exercised. However, deducting from this amount the sums corresponding to the discounts recognised on the Consumption Rate applied to any charges made during the Withdrawal Term and until the moment that the Customer exercises this right.
Merely by way of example: if the Customer purchases the “Be Start” Rate Plan and requests immediate activation, they shall immediately pay a €9.90 recurring fixed fee, and they shall be granted a 20% discount on the Consumption Rate. Therefore, when using the Charging Service, Customers pay a lower fee than they would have paid with the application of the Consumption Rate without discount (e.g., €8 instead of €10). If the Customer exercises the right to withdraw at a later time, the amount paid as a recurring fixed fee less the amount corresponding to the discount enjoyed shall be returned to the Customer: in this case, therefore, €9.90 – €2 = €7.90.
The Customer will therefore receive a credit note and a settlement invoice as proof of the reimbursement made.
5.3. The Customer may exercise the right to withdrawal by sending to the email address support@bec.energy: (a) an unambiguous statement expressing its wish to withdraw from this Agreement; (b) the completed form in Annex 2 of the General Terms and Conditions.
6. RATE CHANGES
6.1. BE CHARGE retains the right to update, supplement, and/or modify this document for justified reasons, including the following: (a) public interest and/or safety concerns; (b) compliance with applicable law and regulations; (c) legislative and regulatory amendments; (d) implementation of technical improvements and/or changes of the Services and the App, including any updates of the App; (e) improve and modify the Services; (f) development of new services by BE CHARGE; and (g) technical, organizational, economic and/or commercial factors that, if unaddressed, would prevent BE CHARGE from continuing to offer the Services provided in these General Terms and Conditions; (h) changes in market conditions.
6.2. Updates to this document shall be communicated, with an advance notice of 14 (fourteen) days (the “Notice Term”), by means of publication on the website https://www.bec.energy/be-charge-app-termini-e-condizioni/ and by communication in the App, and by direct communication to the Customer at the email address provided by the Customer during registration and/or subscription to the Service.
6.3. If BE CHARGE amends or updates the provisions of the Rate Plans, it shall notify the Customer by means of publication on the website at https://www.bec.energy/be-charge-app-termini-e-condizioni/ and by means of communication in the App, and to the email address communicated during registration to the App with 30 days’ notice with respect to the effective date of the aforementioned changes. This is without prejudice to the Customer’s right to cancel the subscription under Art. 4.4. of this Rate Schedule and to exercise the right to terminate in the manner provided for under Art. 4.7 of the General Terms and Conditions of Contract.
7. INVOICING FREQUENCY
7.1. The invoicing frequency varies depending on the Rate selected by the Customer, as better indicated below:
a) Consumption Rate: the invoice is issued and sent to the customer at the end of each charging session and includes the fees due for the use of the Charging Service and any extra costs due for the payment of the penalties applied under Art. 5.5 of the General Terms and Conditions of Contract;
b) Rate Plans: the invoice for the payment of the recurring fixed fee is issued and sent to the Customer every 30 days. The fees due for the use of the Charging Service and any extra costs due for the payment of the penalties applied under Art. 5.5 of the General Terms and Conditions at the end of each charging session.
7.2. The payment method is specific to each profile linked to the account. For all customers, the payment method associated with their account at the time of joining the Service or, in any case, the one indicated in the Customer’s profile is the normal payment method for the Service. For more details, please see art. 6.4. of the General Terms and Conditions. The details of the Rates shall be available in the appropriate section of the App, and in this same section, the Customer may modify the Rate for each profile associated with the account, without any cost or constraint.