”PLENITUDE ON THE ROAD” APP: TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS OF CONTRACT 

These general terms and conditions of contract (“General Conditions” or “Contract”) govern the terms and conditions of the “BE CHARGE” services (“Services” and, individually, “Service”) provided by BE CHARGE S.R.L., VAT: 09957510960; with registered office in Milan, Via Carlo Bo, n. 11, email/PEC: bechargesrl@legalmail.it, phone number 0237929489 (“BE CHARGE” or “BEC”) through the PLENITUDE ON THE ROAD APP (“App”) to customers. To access the Services, it will be necessary to enter billing information and a valid payment method into the App, potentially also registering as a service customer (“Customer” or “User”) according to the instructions provided in the subsequent section “Registration and Subscription to the Service,” and accepting these General Conditions. The Customer acknowledges that the prices for using the Services are identified in the document “Annex 1: Rates for using the Services through the PLENITUDE ON THE ROAD APP” (“Rates”) attached to these General Conditions and forming an integral and substantial part thereof, available at the following link https://bec.energy/en/terms-and-conditions-tariffs/. The General Conditions will also apply to any new Services that may be provided to Customers in the future, subject to their acceptance.

1. OBJECT OF THE CONTRACT 

1.1 The object of this Contract consists of the provision by BE CHARGE of the following Services through the App:

  • a) charging the electric vehicle at public charging stations (“Charging Service”) of BEC (“BEC Charging Stations”) and/or third-party operators (“Third-Party Charging Stations,” collectively BEC Charging Stations and Third-Party Charging Stations, “Charging Stations”), compatible with the Service, which the Customer can access through the App or via the associated RFID card;
  • b) map display of Charging Stations dedicated to electric vehicles compatible with the Service provided by BE CHARGE;
  • c) setting of preferred Charging Stations by the Customer;
  • d) reservation of a socket at a Charging Station for a predefined period prior to unlocking and starting the charging process at the selected Charging Station;
  • e) unlocking the individual socket and starting the charging process at the selected Charging Station, also using the RFID card associated with the profile;
  • f) monitoring the charging process for BEC Charging Stations and available Third-Party Charging Stations;
  • g) interrupting the charging process using the dedicated button on the App or through the associated RFID card;
  • h) notification of the end of the free parking period (occupation period of the Charging Station and its parking area starting from the moment the Charging Service ends until the penalty is applied, as defined in Article 5) after setting the Customer’s willingness to receive notifications via App;
  • i) purchase and association of an RFID card with the profile;
  • j) automatic payment of the Service fee, according to the methods preset by the Customer in their profile;
  • k) archiving and viewing, in a dedicated section, the history of charging sessions and received invoices;
  • l) subscription and modification of their Tariff Plan;
  • m) updating personal data and the payment method associated with the profile;
  • n) association of multiple profiles with the same account. Each profile will have a dedicated Tariff and/or dedicated view of accessible Charging Stations. BEC will identify these profiles by associating a unique code in the profile creation section of the App or website.

1.2 BE CHARGE reserves the right to activate some Services at a later stage after the subscription of this Contract.

1.3 The Customer, for each use of the Service and throughout the duration of the Contract, is obliged to comply with the provisions contained in these General Conditions and their annexes.

2. REGISTRATION AND SUBSCRIPTION TO THE SERVICE 

2.1. Access to the Service may occur: i. following the specific registration of the Customer through the smartphone App. Instructions for registering and subscribing to the Service are available in the “How It Works” section and for more details in the “Frequently Asked Questions” section both on the App and the website. By completing the registration process and clicking the “Accept” button, the Customer declares to have carefully read and expressly accepted these General Conditions, its annexes, and the privacy policy; ii. without prior registration on the App, by entering only billing data and the payment method during the Service provision phase. To use the Service, these General Conditions, its annexes, and the Privacy Policy must be accepted. Instructions for accessing the Service without registering are available in the “How It Works” section and for more details in the “Frequently Asked Questions” section both on the App and the PLENITUDE website. These General Conditions also apply to those who decide to access without prior registration on the App and, if applicable, the document “Annex 1 – Rates for using the Services through the PLENITUDE ON THE ROAD APP”.

2.2. Customers who wish to use the Services without registering may, after entering the necessary payment and billing data, use only the following Services:

  • a) charging the electric vehicle at public Charging Stations compatible with the Service, which the Customer can access through the App, only with the application of the Pay-per-use Rate as defined in Article 3 of Annex 1: Rates for using the services through the PLENITUDE ON THE ROAD APP;
  • b) map display of Charging Stations dedicated to electric vehicles compatible with the Service provided by BE CHARGE;
  • c) viewing the itinerary to reach the selected Charging Station;
  • d) unlocking the individual socket and starting the charging process at the selected Charging Station;
  • e) monitoring the charging process for BEC Charging Stations and available Third-Party Charging Stations;
  • f) interrupting the charging process using the dedicated button on the App.

2.3. Activation of the Charging Service is subject to the successful verification by BE CHARGE of the payment method entered during the Service subscription phase. For accepted payment methods, see Article 6. 2.4. Subscription to the Service is allowed only to individuals over the age of 18 and VAT numbers.

3. MODIFICATION OF SERVICES AND GENERAL CONDITIONS AND RATES 

3.1. BE CHARGE reserves the right to update, integrate, and/or modify the Services and these General Conditions for justified reasons, including:

  • a) public interest and/or security reasons;
  • b) reasons related to the proper fulfillment of legislative and/or regulatory obligations;
  • c) reasons related to legislative and/or regulatory changes;
  • d) reasons related to the implementation of updates and technical improvements to the Services and the App, including any technical update of the App;
  • e) reasons related to the improvement or modification of the Services;
  • f) reasons related to the design and creation of new services by BE CHARGE;
  • g) technical, organizational, and/or commercial reasons that necessitate changes without which BE CHARGE would be unable to continue providing the Services covered by these General Conditions;
  • h) reasons related to changed market conditions.

3.2. Updates to these General Conditions will be communicated, with at least 14 (fourteen) days’ notice (“Notice Period”), through direct communication to the Customer at the email address provided during registration and/or Service subscription. Once the Notice Period has elapsed, without the Customer’s withdrawal, the changes will be deemed effective and will be published on the website  https://www.eniplenitude.eu/e-mobility/e-mobility/terms-and-conditions, and through communication in the App.

3.3. For modifications and updates of the Rates, refer to the document “Annex 1: Rates for using the Services through the PLENITUDE ON THE ROAD APP”.

3.4. In the event of any integration, update, and/or modification of these General Conditions, including changes to the Rates, the Customer will have the right to withdraw from these General Conditions, as better detailed in Article 4 and in compliance with the Notice Period.

3.5. It is understood that, if the Customer withdraws following the modification/integration/update of these General Conditions or the Rates, they will have the option to continue using the Services until BE CHARGE proceeds with the account cancellation, as better specified in Article 4.

3.6. The Customer acknowledges and agrees that the modifications, integrations, and/or updates to these General Conditions will be deemed expressly accepted by the Customer, if they do not withdraw from these General Conditions within the Notice Period, i.e., within 14 (fourteen) days from the communication sent by BE CHARGE as per Article 3.2 above.

4. DURATION, WITHDRAWAL, TERMINATION, RESOLUTION 

4.1. This Contract is perfected at the moment it is accepted by the Customer and is for an indefinite term.

4.2. Following registration or subscription, the Customer may, in any case, exercise the right of withdrawal within 14 days of subscribing to this Contract (“Withdrawal Period”).

4.3. Following their express consent and acknowledgment, the consumer Customer who intends to start using the Services during the Withdrawal Period will be required to pay for the Services already provided, as indicated in the document “Annex 1: Fees for using the Services through the PLENITUDE ON THE ROAD APP”.

4.4. If the Customer purchases a prepaid “Be Card” (as defined below in Article 6) and exercises the right of withdrawal within the Withdrawal Period starting from the purchase, BE CHARGE will refund the amount paid to purchase the prepaid “Be Card” provided that it has not been used in the meantime (in whole or in part). The Customer will not be refunded if they exercise the right of withdrawal after the Withdrawal Period.

4.5. Regarding the Fees, the exercise of the right of withdrawal is subject to the provisions of the document “Annex 1 – Fees for using the Services through the PLENITUDE ON THE ROAD APP”.

4.6. The right of withdrawal can be exercised by the Customer by sending an email to support@bec.energy with: (a) an unambiguous communication indicating the exercise of the right of withdrawal; or (b) the completed and signed form in Annex 2 (“Withdrawal Form”). The Customer will receive confirmation of the withdrawal process via email. Unless the Customer expressly requests it, their account will not be deleted.

4.7. Without prejudice to the provisions of the previous Articles, the Customer may withdraw from this Contract at any time by clicking on the “Delete Account” button in the “Account Data” page in the App and, in case of issues with this process, by sending an explicit request to support@bec.energy. Following such a request, BE CHARGE will delete the account within 10 (ten) days of receiving the Customer’s withdrawal request. In such cases, the fees for the Services used until the account is deactivated will be billed to the Customer.

4.8. In case of withdrawal with a prepaid Be Card that still has credit or has not yet expired, the withdrawal will be effective starting the day after the expiry date of the prepaid “Be Card”. BE CHARGE will deactivate the account within 10 (ten) days of the expiry. In this case, the fees for the Services used until the account is deactivated will be billed to the Customer at the rate in effect at the time of Service use. If the Customer wishes for the immediate deletion of their account regardless of the expiry of the prepaid “Be Card”, they must specifically indicate this in their withdrawal communication to support@bec.energy.

4.9. Withdrawal by the Customer or the termination of this Contract will result in the loss of Customer status, deactivation of the account, and automatic dissolution of the Contract and any related and connected relationships to the Service.

4.10. BE CHARGE will have the right to terminate this Contract with immediate effect under Article 1456 of the Italian Civil Code in the following cases: i. The Customer is in default of their payment obligations; or ii. The Customer uses the Service in violation of these General Conditions and/or in violation of applicable laws and regulations and/or for unlawful purposes, in particular for the violation of the following clauses: Article 6; Article 9; Article 11; Article 13.

4.11. Without prejudice to the provisions of Article 4.8 above, BE CHARGE will have the right to terminate this Contract under Article 1454 of the Italian Civil Code, with prior notice to comply within a minimum period of 15 days.

4.12. BE CHARGE will, in any case, have the right to suspend the Service, with prior notice to the Customer, in the event of non-payment or partial payment of the fee related to even a single issued and unpaid invoice. The Service and billing will be reactivated upon the settlement of all unpaid invoices.

5. USE OF THE SERVICE AND EXTRA PARKING FEE 

5.1. Registration and/or use of the PLENITUDE ON THE ROAD APP by the Customer is free.

5.2. The use of the Services by the Customer involves the payment of a fee for the charging Service based on the Tariffs chosen by the Customer. The economic conditions of the different Tariffs available to the Customer are better described in the document “Annex 1 – Fees for using the Services through the PLENITUDE ON THE ROAD APP”, attached to this Contract and available at the following link: https://www.eniplenitude.eu/e-mobility/e-mobility/terms-and-conditions-pricing

5.3. The Customer cannot occupy the BEC charging stations and the related parking area for longer than the time indicated in the App as “free parking”, after which an extra parking fee will be applied to the Customer. The “free parking” period starts when the energy delivery from the charging station ends and lasts for 60 minutes. In the case of Quick charging stations with power up to 22 kW, the extra parking fee for exceeding the “free parking” period does not apply during nighttime, from 11 pm to 7 am.

5.4. At the end of the “free parking” period, the time of occupation of the BEC charging station relevant for the application of the extra parking fee starts from the end of the “free parking” period as defined above in Article 5.3 until the connector is removed from the used charging station.

5.5. The extra parking fee applied to the Customer for BEC charging stations is quantified by applying a fixed fee for each minute of occupation of the charging station and the related parking area. The fixed fees vary depending on the type of socket used and are listed below:

Quick (AC up to 22kW)

0,12€/min

Fast (DC up to 99kW)

0,20€/min

Fast+ (DC up to 149kW)

0,30€/min

Ultrafast (over 150kW)

0,30€/min

5.6. BE CHARGE reserves the right to apply the extra parking fee described above even in the case of charges made with a power level below the minimum Power Level as described in Article 11.

5.7. The start time of the charge is viewable in real-time on the App in the charging screen and, at the end of the charging session, also in the “Activity – History” section.

5.8. Non-payment of the extra parking fee may result in the suspension and/or termination of the Contract pursuant to Article 4, and the related amounts will be recovered by BE CHARGE as provided by law.

5.9. For Third-Party Charging Stations, the conditions and amounts provided for the application of the extra parking fee or penalties for occupying the respective parking areas beyond the terms are defined by the operators owning the charging station.

6. BILLING 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 archived in the “invoice history” section of the App. Payment can be made through the App using the accepted payment methods listed below and in the payment section of the App. The amount due from the Customer to BE CHARGE is charged at the conclusion of the Service. The invoice will show the charges and/or any credits, specifying the related Services used.

6.2. The billing frequency varies depending on the Tariff selected by the Customer, as better described in the document “Annex 1 – Fees for using the Services through the PLENITUDE ON THE ROAD APP”, attached to this Contract.

6.3. The payment method is specific to each profile linked to the account and is associated with the billing profile as completed by the user. For all Customers,the payment method associated with their billing profile at the time of Service subscription is considered the automatic payment method for the Service.

6.4. Accepted payment methods are as follows:

  • Credit or debit card with VISA and MASTERCARD circuits;
  • Prepaid “Be Card”: a tool provided by BE CHARGE containing a predetermined amount that allows the crediting of the amount in the “Wallet” present in the App. The credit can be used within 6 months from the purchase date to use the electric charging Service (as defined in the document “Annex 1 – Fees for using the Services through the PLENITUDE ON THE ROAD APP”) exclusively at the charging stations (of BE CHARGE or third parties with which BE CHARGE may have an interoperability agreement) present in Italy and the Republic of San Marino.
  • The Be Card can only be purchased by those who have chosen Italy or the Republic of San Marino as the main country.

6.5. Regarding the prepaid “Be Card”, the Customer can purchase various denominations:

 

BE CARD 50

BE CARD 100

Cost

50

100

Real Value

53

110

6.6. The Be Card can be purchased directly in the App with a credit card. Once purchased, the Be Card can be used through the Wallet in the dedicated section. The 6-month expiration will be stated in the App at the time of purchase; after this period, it will be possible to purchase a new Be Card.

6.7. Other prepaid cards of different denominations and with different expiration dates provided by BE CHARGE or third parties may also be available directly to the Customer.

6.8. Upon reaching the 6-month expiration, the amount paid to purchase the Be Card cannot be refunded. In the event of the right of withdrawal as per Article 4, the amount paid will be refunded to the Customer, provided that the Be Card has not been used (in whole or in part).

6.9. In the event that payment for the Service is unsuccessful, BE CHARGE will notify the Customer of the non-payment and suspend the Service until the outstanding amount is settled.

6.10. The RFID Card is a method for starting/stopping the Charging Service and allows the Customer to initiate and terminate the charging according to the Tariff of the profile to which it is associated. The RFID Card is linked to the same payment methods as the App, as described in Article 4. The Customer can purchase it in the specific section of the App. To activate the RFID Card, it must be associated with a Customer profile via the App.

7. DISCOUNT COUPONS 

7.1. The Customer can benefit from specific Discount Schemes offered by BE CHARGE, or by companies within the Eni Group, its partners, or third parties, for example through the assignment of Coupons/Vouchers, activation of a specific promotion, or through the use of Gift Cards. Discount services are further described in the specific terms and conditions of the related promotion.

8. DISCLAIMER OF LIABILITY 

8.1. To the maximum extent permitted by applicable law, excluding cases of fraud or gross negligence by BE CHARGE, or in cases of death or bodily injury caused by an act or omission of BE CHARGE, the latter shall not be liable for any direct or indirect damages of any kind that the Customer or a third party may suffer in any way due to the Service, which are not attributable to BE CHARGE, or due to changes in the methods, times, and/or conditions of Service delivery, as well as due to the suspension, interruption, or unavailability of the Service caused by vehicles, technological devices, telecommunications systems, or any cause attributable to third parties.

8.2. Regarding the map display of Third-Party Charging Stations, BE CHARGE shall not be considered responsible for any damages arising from the inaccurate geographical identification of Third-Party Charging Stations, as well as for any direct or indirect damages resulting from their use, which remain under the exclusive responsibility of the third-party provider.

8.3. Furthermore, BE CHARGE shall not be liable for any total or partial failure to fulfill obligations due to force majeure, including but not limited to: acts of the State and Public Administration, acts of Public Authorities, legal limitations, fires, floods, explosions, mobilizations, riots, strikes, industrial disturbances, lack of electricity, telephone line interruptions, lack of fuel oils, and others.

8.4. The Customer, to the maximum extent permitted by applicable law, expressly releases BE CHARGE from any liability, except in cases of personal injury, for any damages of any nature suffered by the Customer and/or third parties in connection with the execution of the Contract, not arising from fraud or gross negligence of BE CHARGE, but attributable to fraud or gross negligence of the Customer.

8.5. BE CHARGE or Customers may provide links to other websites or Internet/Web resources. The Customer acknowledges and agrees that BE CHARGE cannot be held responsible for the operation of external sites or resources. BE CHARGE is not obligated to review and does not review the content of such sites and assumes no responsibility for the content and/or material, including advertising, disseminated on such external sites or resources or for the products or services offered there. Such products or services cannot be considered sponsored, shared, or supported by BE CHARGE, and therefore the Customer assumes all responsibility for any purchases made of such products or services.

9. PROHIBITION OF RESELLING OR COMMERCIAL USE OF SERVICES 

9.1. The Customer’s right to use the Services is personal and non-transferable. The Customer is prohibited from reselling or making any other commercial use of the Services without the written consent of BE CHARGE.

10. INDEMNITY 

10.1. The Customer agrees to use the Services solely for lawful purposes and in compliance with applicable legal provisions, customs, diligence rules, without infringing on the rights of any third party, and with particular regard to data protection laws, intellectual and industrial property protection laws, and telecommunications regulations. The Customer assumes full and exclusive responsibility for the content of messages and texts sent by or on their behalf to third parties through the Services, recognizing themselves as the sole responsible party and indemnifying BE CHARGE, as well as its affiliates, representatives, employees, and any BE CHARGE partners, from any resulting claims or recourse, and also reimbursing BE CHARGE for any costs (including legal fees) arising from claims or actions by third parties against BE CHARGE due to damages caused by the Customer or persons authorized by the Customer to access the Services.

10.2. In relation to the above, the Customer agrees to immediately notify BE CHARGE at support@bec.energy of any unauthorized use of their account by third parties or any other security breaches they become aware of, and undertakes to indemnify and hold BE CHARGE harmless from any and all claims, including for damages, arising directly or indirectly from such unauthorized use or abuse by anyone.

11. POWER LEVELS DELIVERED BASED ON CAPACITY 

11.1. The instantaneous power level available from each charging point may reach a maximum equivalent to the kW value indicated in the App (“Maximum Power Level”).

11.2. For proper use of the Charging Service, the Customer must set a minimum instantaneous power threshold absorbable by the vehicle of at least 1 kW (“Minimum Power Level”). BE CHARGE reserves the right to terminate these General Conditions, as detailed in Article 4.10 above, and apply the extra-stay fee as per Article 5 above if charging is performed with a power commitment below the Minimum Power Level.

11.3. The Maximum Power Level indicated in the App might not be actually delivered due to technical reasons such as network congestion or other technical issues related to the vehicle, battery status, charging infrastructure, or network connection.

11.4. It is understood that BE CHARGE will not be held responsible for any power delivery that is below the Maximum Power Level, even if this is indicated or estimated in the App.

12. PERSONAL DATA PROCESSING 

12.1. For the purposes of subscribing to and using the Services, it may be necessary to process the Customer’s personal data. BE CHARGE commits to processing such personal data in compliance with applicable data protection laws, including Regulation (EU) 2016/679 (“GDPR”), and according to the Privacy Policy available in the specific section of the App. Personal data processing of Customers will be based on the information provided in the privacy notice given pursuant to 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, designs, applications, patents, trade secrets, formulas, algorithms, models, databases, trademarks, and similar, related to the Services, the App, the BE CHARGE website, data, and other materials provided by BE CHARGE or otherwise made available to the Customer under this Contract are and remain the exclusive property of BE CHARGE and the entities to which it is a legitimate licensee.

13.2. The Customer is expressly prohibited from reproducing, copying, modifying, selling, assigning, licensing, transferring to third parties, and/or creating derivative works from any intellectual and/or industrial property rights of BE CHARGE, nor allowing third parties to do so through the Customer or their electronic device and BE CHARGE account. The Customer also acknowledges that all contents (including but not limited to software, images, graphics, photographs, music, sound, video, texts, data, etc.) of any promotional correspondence between the Customer and third parties advertising their products through the “web mail” service are protected by current copyright laws, trademarks, service marks, patents, or other proprietary rights and laws. Some areas of the App implement Google Maps services including Google Maps APIs. The Customer’s use of Google Maps is subject to Google Maps’ terms and conditions.

14. APPLICABLE LAW AND COMPETENT COURT 

14.1. These General Conditions are governed by Italian law. The application of potentially more favorable and mandatory provisions of the law of the country where the Customer resides, if they are also consumers as defined by the Consumer Code, is reserved.

14.2. In compliance with current regulations (Legislative Decree No. 206/2005 and subsequent amendments – “Consumer Code”), in the case of a Customer who is also a consumer as defined by the Consumer Code, for any disputes related to the application, execution, and interpretation of this Contract, the competent court is the one where the Customer resides or has elected domicile. For all other cases, the Court of Milan has jurisdiction.

14. ALTERNATIVE DISPUTE RESOLUTION 

15.1. BE CHARGE informs Customers who are also consumers as defined by the Consumer Code that, if they have submitted a complaint to BE CHARGE and the dispute could not be resolved, they may refer the dispute to amicable resolution through conciliation with RisolviOnline, an independent and institutional service provided by the Arbitration Chamber of the Milan Chamber of Commerce. For more information on RisolviOnline’s regulations or to submit a conciliation request, the Customer who is a consumer under the Consumer Code can visit the website risolvionline.com.

15.2. As an alternative to what is provided in Article 15.1 above, BE CHARGE also informs the Customer, who is a consumer within the meaning of the Consumer Code, that a European online dispute resolution platform (so-called ODR Platform) has been established. The ODR Platform is accessible at the following address: http://ec.europa.eu/consumers/odr/. Through the ODR Platform, a Customer who is also a consumer within the meaning of the Consumer Code can consult the list of ADR bodies, find the link to each of their websites, and initiate an online dispute resolution procedure in which they are involved. The email address of BE CHARGE to be indicated on the ODR Platform is: bechargesrl@legalmail.it.

15.3. A Customer who is also a consumer within the meaning of the Consumer Code and who resides in an EU member state other than Italy may also access, for any disputes related to the application, execution, and interpretation of these General Conditions, the European procedure established for small claims, under Council Regulation (EC) No. 861/2007 of 11 July 2007.

15.4. The rights of Customers who are also consumers within the meaning of the Consumer Code to approach the competent ordinary court for any dispute arising from these General Conditions are always preserved, regardless of the outcome of the extrajudicial settlement procedure, and, where applicable, to seek extrajudicial dispute resolution, if appropriate, by resorting to the procedures provided in Part V, Title II-bis of the Consumer Code, entitled “Extrajudicial dispute resolution”.

16. ASSISTANCE AND COMPLAINTS 

16.1. It is possible to request information, send communications, or file complaints with BE CHARGE in the following ways:
i. Through the App, accessing the Customer Service section;
ii. Sending an email to support@bec.energy;
iii. At the following phone number, available 24/7: 0230329064.

16.2. BE CHARGE will respond to complaints by email within 5 working days from the date of the complaint.

17. UNFAIR CLAUSES 

17.1. The parties expressly declare that they accept the content of Articles 2, 3, 4, 5, 6, 8, 10, 11; 14, 15.

ANNEX 1: RATES FOR USING SERVICES THROUGH PLENITUDE ON THE ROAD APP

This document, attached to the General Conditions governing the use of services provided to customers by BE CHARGE S.R.L. (“BE CHARGE” or “BEC”) through the App, describes and regulates the different rates (“Rates”) for the use of the electric vehicle charging service (“Charging Service”) at BEC public charging stations (“BEC Charging Stations”) or compatible third-party operators (“Third Party Charging Stations”, collectively BEC Charging Stations and Third-Party Charging Stations, “Charging Stations”), which the Customer can access through the App or using the associated RFID card.

1. DEFINITIONS

1.1. In this document, words and expressions indicated with capital letters, unless otherwise defined, will have the meaning assigned to them within the General Conditions of which this document is an Annex and an integral and substantial part.

2. RATES for Charging Service

2.1. The use of the Charging Service involves the payment of a fee based on the Rate chosen by the Customer. This fee is all-inclusive and includes all costs related to the use of the Service by the Customer and any taxes for which applicable regulations provide for the right of recourse.

3. CONSUMPTION-BASED RATE

3.1. The consumption-based rate corresponds to the price in € (or other currency)/kWh applied to the Customer for the use of the Charging Service at Charging Stations (“Consumption-Based Rate”).

3.2. The amount charged to the Customer for using the Charging Service is calculated by multiplying the kWh delivered by the Consumption Based Rate published in the App in relation to the Charging Station selected by the Customer. The Consumption-Based Rate may vary depending on the type of plug chosen by the Customer among the

available options, namely Quick (AC), Fast (DC), Fast+ (DC), and Ultrafast (DC), and from the Charging Service operator in the case of Third-Party Charging Stations.

3.3. The Consumption-Based Rate applied for the use of the Charging Service may differ depending on the Charging Station chosen by the Customer among those available in the App. In this sense, it should be noted that the amount of Consumption-Based Rates applied for using the Charging Service at Third-Party Charging Stations is defined by BE CHARGE: this amount may differ i) from the Consumption-Based Rate applied for using the Charging Service at BEC Charging Stations; and ii) from the rates applied by other operators for charging at their own Charging Stations.

4. Rate Changes

4.1 BE CHARGE reserves the right to update, integrate, and/or modify this document for justified reasons, including: (a) public interest and/or security reasons; (b) reasons related to compliance with legislative and/or regulatory obligations; (c) reasons related to legislative and/or regulatory changes; (d) reasons related to the implementation of updates and technical improvements to the Services and the App, including any technical update of the App; (e) reasons related to the improvement or modification of the Services; (f) reasons related to the design and creation of new services by BE CHARGE; (g) technical, organizational, and/or commercial reasons that make changes necessary without which BE CHARGE would be unable to continue providing the Services subject to these General Conditions; (h) reasons related to changing market conditions.

4.2 Updates to this document will be communicated with 14 (fourteen) days’ notice (“Notice Period”), through publication on the website https://www.eniplenitude.eu/e-mobility/e-mobility/terms-and-conditions and via communication in the App, and directly to the Customer at the email address provided by the Customer during registration and/or subscription to the Service.

5. BILLING FREQUENCY

5.1. For recharges made with the application of the Consumption-Based Rate, the invoice is issued and sent to the Customer at the end of each charging session and includes the fees due for using the Charging Service and any additional costs due to penalties applied under Article 5.5 of the General Contract Conditions.

5.2. 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 subscribing to the Service or, in any case, that indicated within the Customer’s profile is the standard payment method for the Service. See Article 6.4 of the General Conditions for details.

5.3. Rate details will be available in the appropriate section of the App, and in the same section, the Customer can change the Rate for each profile linked to the account without any cost or constraint.

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