Terms of Service

General Terms and Conditions for using WWW.ELDRIVE.EU Platform

These General Terms and Conditions define the order and way of usage of provided by “Eldrive Charging” EAD, UIC 205175105 (hereinafter “Eldrive”), information services for users of website: www.eldrive.eu  and regulate relations between “Eldrive Charging” EAD and each one of the registered and non-registered users of website www.eldrive.eu services (hereinafter “Platform”).

I.DEFINITIONS INCLUDED IN THE GENERAL TERMS ANDCONDITIONS

Art.1. Forthe purpose of these General Terms andConditions, the following words and expressions will have the meaning described below:

а). 'Electric vehicle' means a power-driven motor vehicleincorporating at least one non-peripheralelectric appliance as an energy converter with a rechargeable electric energystorage system that can be charged using an external source;

b). "Charging Station" means a  fully completed andassembled technical product included in the Charging Stations network administeredby “EldriveCharging” EAD, which provides the necessary capacity and energy to chargethe batteries in electric vehicles;

c). "Customer" means an individual or legal person registered as a user of the Service, who has eexplicitly agreed tothese General Terms andConditions. The acceptance of eachCustomer of these General Terms andConditions is considered duly andvalidly performed upon his/herregistration in the Mobile Application of  “Eldrive Charging” EAD, and it requires the provision of a valid and up-to-date email addressand the provision of a payment card through which payments for the Service aremade and which serves as security in cases where the Customer wishes to requestthe use of a re-defined charge limit;

d). "Mobile Application" ("Eldrive Mobile Application") means an Internet-based portal for mobile devices “Eldrive” administered by“Eldrive Charging” EAD, used to provide the Service ;

e). "Application PaymentFunctionality" means a function of the Mobile Application, allowing the Customer to pay for the Service provided -charging of an electric vehicle at the charging stations part of the network managed by the Company, using a payment card registered bythe Customer through the Mobile Application or a prepaid RFID card;

f). "Personal Data" means allpersonal data allowing theCustomer to be directlyor indirectly identified, including but not limited to: name, telephone number,address, e-mail address, as well as the Customer's payment card number, order and obligationsdata and others;

g). "Customer Portal" means an Internet-based portal that can be used by a Registered User to manage theirpersonal account on the “Eldrive” Mobile Application;

h). "RFID card" constitutes personal means for radio frequency identification of the Customer. EachCustomer has the opportunity to order anRFID card as an additional service, providing  remote identification and payment for the Service by the Customer.

i). "Redefined Charging Limit"means a credit limit agreed in advance between the Customer and Eldrive, whichentitles the Customer to charge electric vehicles at the network of chargingstations, operated by Eldrive for a period of one month. The amount of theagreed credit limit shall be paid by the Customer in advance to a bank accountspecified by Eldrive, and after the expiry of the month for which the creditlimit has been agreed, Eldrive shall provide a report certifying the chargesmade from the Customer's account during the credit limit period.  

j). "Combined Charging System"CCS connector"means an electric vehicle charging standard that can use Combo 1 or Combo2 connectors to provide up to 350 kW (kilowatts)of power, the two connectors being extensions of the IEC 62196 Type 1 andType 2 connectors, with two additional direct current ("DC")outlets to allow fast charging from a high power station.

k). "CHAdeMO is a chargingsystem" means a system that allows fast charging of batteryelectric vehicles.

l). "IEC 62196-2 type 2connector" means a type of connector used for charging electricvehicles, mainly in Europe.

m). "Automatic ChargingStart" means functionality available in the Mobile Application that allows users to start and stop charging sessionsat fast charging stations ("DC stations" - solely and exclusivelyon CCS connectors) of themanufacturer ABB on the Eldrive network, after plugging the Coupler into the vehicle,without the need for additional verification via the Customer's personal profilein the Mobile App or via RFID card. Said function does not exclude thepossibility to start or terminate a charging session in the standard way, viathe verification methods. It should be noted that in order to use the AutoStart Charging feature, it is necessary to send a message to the followinge-mail address office@eldrive.eu: in whichyou indicate that you wish to activate the new functionality for an explicitlyspecified Vehicle, as well as to enter the e-mail address with which you haveregistered a personal profile in the "Eldrive" Mobile Application. With these General Terms andConditions, Customers are aware that for the successful activation of thefunction - Automatic Start of Charging, a minimum of one chargingsession at an ABB DC station in the public network of charging stations "Eldrive" must have already taken place, not earlier thanthe beginning of December 2022. The functionality allows stopping asuccessfully started vehicle charging session at any time.

n). Subscription plan - a monthly plan that provides special charging tariffs (prices) when Yousubscribe and pay a monthly fee. Subscription plans can only be ordered byCustomers - natural persons. One Subscription plan is linked to one CustomerAccount.  The subscription plan may varyin type and features, with the price and scope of the monthly plans beingdetermined by the Company and are listed in the Mobile Application and Website.

II. SUBJECTMATTER OF THE GENERAL TERMS ANDCONDITIONS

Art.2 Pursuant to these General Terms and Conditions, the Company provides the Customer with a complex electric vehicle charging service in the network of publicly available “Eldrive” Charging Stations and theCustomer undertakes to ensure the properoperation of the Charging Stations pursuant to the rules established herein and to pay theCompany the amounts due for the amount charged, as well as any penalties, expenses, compensation and otheramounts arising from these  General Terms andConditions.

Art.3 (1) To use theservice provided by the Company, the Customer needs to download the Mobile Application "Eldrive" on his/her smartphone from the "Google Play" store or "Apple store", depending on the operating systemsupported by the mobile device.

(2) Before making a proper registration in the mobileapplication, the Customer is obliged to get acquainted with the General Termsand Conditions valid at the time of registration, which are available in themobile application "Eldrive" andon the Company's website at the following e-mail address: https://eldrive.eu/obshti-uslovia-zarqdni-stancii/ .

(3) In order to use the Servicethe Customer is required to perform properregistration by creating a user account in the Mobile Application "Eldrive", which willallow him access to the Service provided by the Company, and has to agree and accept these General Terms and Conditions.

Art.4 (1) During the registration in themobile application "Eldrive", the Customeris obliged to provide the Company with the selected username - the chosen electronicaddress (email), under which he will use the Service, a payment card, whichthe Customer guarantees that he is entitled to use in order to make payments and a valid email address, throughwhich official correspondence between the parties will be carried out and such data will serve to identify thespecific Customer.

(2) Upon initial registration on the Mobile Application,the Customer creates his/her ownpassword to gain access the contentof the “Eldrive” MobileApplication and the Service.

(3) The access to the MobileApplication is provided to theCustomer after correctly entered username – the selected email address and passwordin the fields specifiedd for that purpose. Therefore, theCustomer is obliged to keep such data and notto disclose it to thirdparties. Otherwise, in case of misuseof his/her identification data, the Customershall be held responsible and will beobliged to pay the Company the amounts due for the use of theService through his/her user profile in the "Eldrive" Mobileapplication, unless he/she has notified the Company in pursuant to the procedure under Article 4, paragraph 4 of these General Terms and Conditions.

(4) In case theidentification data for access to the Mobile Application become known tothird parties or are lost, the Customer is obliged to notify the Company immediately by sending a message to thefollowing e-mail address: office@eldrive.eu or bycalling during business hours to the following telephone number: 02/489 70 47,or by calling the Customer Service Centre on 02/419 34 76.

(5) The Customer is obligedto ensure compliance with allreasonable security measures, including but not limited to anti-virus programs,when using computer hardware, software or other equipment, while connecting to the Mobile Application and is responsiblefor the consequences that would occuras a result the insufficient protection of the device that the Customer usesto access the “Eldrive” Mobile Application.

(6) In the event that the security of the software and/orthe identification data necessary to accessthe Mobile Application has been breached,the Company, upon the Customer'sexpress written request, provides theCustomer with a new access password and the Customer shall be obliged to immediately change the existing password.

(7) The Customer is responsiblefor the keeping and use ofhis/her data, whichidentify him/her tothe Company through the MobileApplication and allow  propercorrespondence with him/her and is obliged,at any time after accepting these General Terms andConditions and his/her registrationas a Customer, to declarethat such data is valid and up-to-date and that he/she has not committed anymisuse and/or unauthorised access to others' data and/or means of payment. TheCompany cannot be held liable for any incorrect or incomplete entered data by theCustomer during the registration in the MobileApplication, or in case of changes in the already entered data, provided that such change has not been dulynotified in writing by the Customer  tothe following email address support@eldrive.eu:

Art.5. (1) The approval of a user account in the Mobile Application shall take place at the absolute discretion of the Company.

(2) The Company may refuse the approval of a user account of the Customer or to deactivate an alreadyapproved account of the Customer, includingin case it establishes that the Customerhas submitted invalid dataduring his/her registrationin the MobileApplication and/or if there are sufficientgrounds to believe that the Customer is not acting in a good faith.

(3) In the event that the Customer creates an Account on the Mobile App butdoes not actively use the Eldrive loading services once, the Company shall havethe right to delete the registered Account one year after the date ofregistration. Also, if the Customer ceases to use the Profile for 3 consecutiveyears as set forth in the Privacy Policy, the Company shall have the right toremove the Customer's Profile.

Art.6. (1) By making a proper registration in the Mobile application "Eldrive", the Customer explicitly states that he/shehas read and accepts the General Terms and Conditions regulating the use of the Service.

(2) If theCustomer does not agree and does not accept the current version of the General Terms and Conditions, he has no right to use the Services provided by the Company, exceptwith the explicit prior writtenconsent of the Company.

Art.7. By accepting these General Terms and Conditions and the confidentiality Statement upon registration in the MobileApplication, the Customer makes anexplicit statement of the intent and agrees to establish acontractual relationship with the Company in order to use Electric Vehicle Charging Services provided in the ChargingStations network of “EldriveCharging” EAD, as of thedate of Customer’s registration in theMobile Application.

Art.8 (1) The Customer declares his/herexplicit consent and accepts that these General Terms and Conditions,confirmed electronically upon registration in the Mobile Application by tickingthe box (“tick”) in the relevant field, are considered validly approved and binding, giving rise to the same bindinglegal consequences as the handwritten signature of the Customer on written documents and will be admissible evidence in court,before all state authorities and other administrative structures, and any otherinstitution for dispute settlement.

(2) The General Terms and Conditions are accepted by theCustomer and bind the latter from the moment the Customer registers in the “Eldrive” Mobile Application, since by registering the Customerconfirms that he/she agrees and undertakes to comply with the current and effective versionof the General Terms and Conditions developed by the Company.

Art.9 (1) In view of the serviceprovided by the Company for Electric Vehicles Charging in the Infrastructure of Eldrive Charging Stations, “EldriveCharging” EAD procesess the Personal Data provided by the Customer (insofar as and if suchare providedfor the purposes of the proper provision of the Service), in accordance with the provisions of Regulation (EU) 2016/679 ofthe European Parliament and of the Council of 27 April 2016 on the protectionof individuals with regardto the processing of personal data and on the free movement of such data andrepealing Directive 95/46/EU(GeneralData Protection Regulation) and the Company’s privacy Statement, available at: https://eldrive.eu/bg/politika-za-poveritelnost/

(2) In the event that the Service is used through aregistered profile of a legal entity, “EldriveCharging” EAD has theright to process the personal data of persons using the Service throughcorporate profiles, for which purpose the Customer (account holder) isobliged to ensure the provision of explicit consent for this by the persons, whouse the Service through the registered profile in the Mobile Application,respectively whose data will be processed by “Eldrive Charging” EAD and the Customer, who is responsiblefor the processing of the personal data of the persons to whom he/she hasgranted access to use the Service through the corporate profile in theApplication.

(3) By registering on the Mobile Application and acceptingthe Privacy Notice (by tickingthe box ("tick") in the relevant field), the Customerdeclares that he/she is aware of the potential risks of using electronic meansof communication and gives his/her express consent to the Company to processthe Personal Data provided (e-mail, names, part of the payment card numberprovided, etc.) by automatic or other means for the purposes of concluding,administering and executing of  these General Terms and Conditions and theproper provision of the Service.  

(4) The Company has the rightto reject theCustomer's registration in the “Eldrive” Mobile Application, ifthe Customer has not indicated his/her explicit consent, by accepting theapplicable General Terms andConditions and the Privacy Statement, in case of providing incomplete and/or inaccurate data orother information required for theproper registration on the Mobile Application.

(5) The Company has the rightto reject registrationof the Customer if the latter fails to provide his/her consent for the processing of Personal Data necessaryfor his/herverification as a Customer of the Service or in case of non-fulfillmentof the Customer’s obligations to theCompany arising from a previous use of theService.  

Art.10. The Company aims to provide the Service continuouslyand without interruption, but does not guarantee that the latter is available continuously, in a timely manner or without errors or disturbances. TheCompany undertakes to provide reasonable protection of the Mobile Application in order toensure the use of the Service, but is notresponsible for any temporary interruptions and/or interference toelectronic communication systems.  Forthe avoidance of any doubt, theCompany cannot be held responsible incase the Customer chooses an unsuitable Charging Station forthe Electric Vehicle operated by the Customer, in the absence of sufficient availability of free Charging Stations at a particular time or in case of a technical failure of a specific Charging Station. However, the Company undertakes to eliminate any established technicalmalfunction of the Charging Stations in due time.

Art.11. (1) After the Customer accepts theGeneral Terms and Conditions and duly registers in the Mobile Application "Eldrive", the Customer has the right to use the Electric Vehicle Charging Service network administered by the Company, in accordance with the terms and the rules in these General Terms and Conditions, by using the Mobile Application and paying for the electricity charged at the respective Charging Station through the application.

(2) The charging service forelectrically powered vehicles provided by the Company may be usedonly at publicly available ChargingStations connected to the charging infrastructure administered by the Company.

(3) The charging stations are listed in the Mobile Application and the parameters of each of them are specified in theMobile Application and include typeof station (fast charging station /constant current/ or regular chargingstation /variable current/), its owner and its exact location.

III. RULES FOR SERVICE USE. PAYMENT FUNCTIONALITY

Art.12. (1) In order to use the Service, theCustomer is obliged to specify the selected payment method in his/her account in the MobileApplication "Eldrive" andto provide the necessary data for that purpose, in view of the proper and correct reporting of the Service usedthrough the Customer’s account.

(2) If necessary and for the purpose of carrying out due identification, the Company has theright to require additionaldata to be submitted by Customer,and the latter undertakes to provide themin a timely manner.

(3) In case the Customer fails to fulfill the obligation under Article12, Paragraph 2 of these General Terms and Conditions, the Company has the right to refuse the provision of the Service.

Art.13. (1) Every Customer whohas accepted these General Terms and Conditions and has duly registered in the “Eldrive” Mobile Application, obtains theright of access and anopportunity  to use the Serviceprovided by the Company, by paying by bank card (credit/debit card) through theCustomer's account in theMobile Application and/or by payingthrough a  RFID card duly registered by the Company.

(2) By starting acharging session for an electric vehicle through his/her account in the MobileApplication “Eldrive” bank card or by using a registered RFID card,the Customer accepts that theCharging Service provided by the Company is initiated at the request of the Customer and that theCompany will debit the amount due for the Service from the Customer'sregistered payment card or from the Customer's re-defined credit limit, if theCustomer has given notice to the Company that they wish to have one set up, inaccordance with the Company's current Price List, until the Customer dulyterminates theinitiated session. For the avoidance of any doubt, the charging ends automatically when the Customer terminates it at a time chosen by him/her.

(3) At the start of each session, the Customer guarantees that the payment card used is valid, that there is sufficient balance to make paymentswith it and is notblocked. In case the validity term of the payment card has expired or the limit has been exceeded, theCustomer is obliged to pay the Company’s fee for the charging service withinthree days from the date of his/hernotification of the unsuccessful transaction related to the reportedcharging from theUser's account. In case the amountsdue by the Customer are not paid withinthe stipulated period, theCompany has the right toimmediately terminate the provision of the Service and block the Customer'saccount without sending furthernotice.  

(4) The Customer is obliged to update in due time his/her account in theCompany's Mobile Application with the necessary information regarding anycircumstances related to changes in the payment card, a new payment card toreplace a registered one and other changes in the data necessary for the lawfuland compliant use of the Service. The Customer undertakes to update the information described in the previous sentence as soon as possible, but inany case within threedays from the date onwhich the change in circumstances occurred , otherwise the Company has theright to immediately block the Customer's account on the “Eldrive” Mobile Application, aswell as to initiate court proceedings for the implementation and protection of its rights by enforcement, provided that in the meantime the Customer has used the Electric Vehicle ChargingService and has not paid the amountsdue.

Art.14. (1) The amount due for theService shall be calculated on the basis of the duration of charging or thetotal charge, where the price is determined in advance, depending on the type of thespecific Charging Station - fast charging station/constant current/ or regular charging station /variable current/.  The specificunit prices are indicated in Bulgarian levs, value added tax included, in the Mobile Application "Eldrive" and on the Company's website - https://eldrive.eu/bg/ceni/ .  The amount due for each specific case is debited immediately and automatically from the Customer's payment card inthe Mobile Application / via the Customer's RFID card or from the Customer's requested re-definedcredit limit, if any, for which the Customer provides his/her explicit and unconditional consent byregistering in the Mobile Application and by using the Service.

(2) The final price for using the Service is determinedon the basis of the total charge after the whole charging process is duly completed by the Customer and is formed on the basis of the predetermined current unit price specified in the "Eldrive" Mobile Application and on the Company's website - https://eldrive.eu/bg/ceni/.

(3)  The payment of the provided Charging Service is final and not subject to refund, exceptin cases of a dispute and indisputably proven inaccurate charge by theCustomer, raised within three days from the date of the incorrectly chargedamount/ incorrect charging by the Company.

In such case the Company shall refund the relevant duly established amount to the Customer.

Art.15. (1) The Company has the right to unilaterally change the price of the Electric Vehicle ChargingService of each individualCharging Station in the “Eldrive” Network at any time and the changes will enter into force within the date of notifying the Customer by publishing an updated Price List in the “Eldrive” Mobile Application.

(2) The Customer has the rightto refuse the provided Services byterminating his/her registrationin the Mobile Application if he/she does notaccept the new conditions and/orprices, in accordance with the rules established in these General Terms and Conditions and after paying any amounts due as of the date of termination.

Art.16. (1) For the purpose of making a payment, by registering in the “Eldrive”Mobile Application and acceptingthese General Terms andConditions, the Customer provides his/her explicit and unconditional consent to the Companyto directly debit the balances on the provided payment card, with the pricepayable in accordance with the current Price List of the Company for the provisionof the Service, as well as any other amounts payable under these General Terms and Conditions.

(2) The Customer guarantees that thepayment card provided by him/her allows automatic withdrawal (debiting) of the amounts due, based on these General Terms and Conditions, and that such debiting has beenexplicitly allowed by the Customer by acceptingthe General Terms andConditions and the registering in the “Eldrive” Mobile Application.  

(3) By accepting these General Terms and Conditions and registering on the Mobile Application, the Customer guarantees that he/she has the right to use the payment card provided by him/her in the MobileApplication. In the event of insufficient fundson the payment card attached to the Account or other communication/technicalfailures which prevented the payment of the charge session immediately afterthe provision of the Services, the Customer understandand agree that 3 new automatic payments/debits of the attached payment card will be attempted at 72 hour intervalsfrom the end of the charge session for which payment could not be made. In this regard, the first automatic debit will be made within 72hours when trying to debit the card entered in the Mobile app for theprimary/default payment method. Subsequently, if the payment is stillunsuccessful, two further attempts will be made at 72-hour intervals to debitthe funds from any payment card added to the Account, until the payment is successful.

(4) The Company has the right to immediately block the Customer's accountin the MobileApplication system, in the case the Customerfails to pay amounts due under an issued invoice inconnection with the use of the Electric Vehicle Charging Service within threedays from the date of sending the invoice.

(5) If the Customer delays a payment, the Company hasthe right to accrue default interest, fees, costs and expenses related to thecollection of the claim, as well as any costs arising from such non-fulfillmentof the Customer’s obligation to the Company.

(6) The Customer agrees that the Company may, at its own discretion, in the absence of sufficient availability onhis/her payment card at the time of starting a specific session, to debit theamount due automatically at a later stage, when sufficient balance is present.In case of payments made through a payment card registered through the MobileApplication, the Company issues the required documents in accordance with thecurrent Bulgarian tax legislation.

Art.17. (1) The dataprovided by the Customer related to his/her payment card are not stored in the “Eldrive” Mobile Applicationand the Company will have no access to them, except for the last four digits of thepayment card number, which will be visible.

(2) The data regarding the customer's payment card shall beprocessed and stored only by certified payment service providers with which the Company has establishedcontractual relations.

(3) The security of all payment information shall beensured by secure cryptographic protocols when sent via the Internet so that itcannot be read during transmission and by third parties.

Art.18.(1) The Companyshall not be liable in case theCustomer starts an Electric Vehicle charging session at a location, the stay/parking at which requires the payment of a fee or rent, in which case the obligations topay the relevant amount for the stay at the above locations shall be entirelyborne by the Customer.

(2) All disputesregarding imposed administrative oradministrative-penal sanctions for improper parking shall be settled directlyby the Customer and the respective competent state body, the companyresponsible for the stay/parking of vehicles at the respective location or thecompetent local authorities.

(3). The Company is not responsible for any additional fees arising from the regulatorypolicy of the respective bank,financial institution or company servicing the Customer's payment card.

(4) The Company does not participate in such disputes and does not bear any responsibilityarising from Customer's acts/omissions described in this Article.  

IV. SERVICEPRICE

Art.19. The Customeris aware and agreesthat the Company provides the Electric Vehicle Charging Service for a price, which is determined periodically by theCompany at its unilateral discretion.

Art.20.(1) The price ofthe Electric Vehicle Charging Service has been announced inthe Mobile Application "Eldrive" and on the Company's website - - https://eldrive.eu/bg/ceni/. Therefore the Customer declares that he/she agrees tobe deemed duly notified and informed of the currentprice of the Charging Service in the network of Charging Stations administeredby the Company and that the Company will not beliable if the Customerhas acted negligently and has not reviewed the currentprices for the Service.

(2) The Company has the right to determine the price forthe Service provided individually for the respective Customer, depending on thepreferential conditions used and/or to adaptit in accordance with the type of Charging Station.

(3) The Customer is aware and agreesthat the price of the Service for the same Charging Station may bedifferentiated according to the characteristics of the various models of Electric Vehicles and thetime required to charge their batteries.

(4) The Customer is aware and agreesthat the prices announced by theCompany are applicable only to Charging Stations operating under the trademarkof “Eldrive Charging” EAD - "Eldrive", located on the territory of theRepublic of Bulgaria.

V. RIGHTS ANDOBLIGATIONS OF THE CUSTOMER

Art. 21. (1) The Customeris obliged to make sure that thecharging of the Electric Vehicle starts andends in a proper manner, inaccordance with these General Terms andConditions and the instructions of thecharging stations.

(2) The Customer is obligedto use the Charging Stations in the Eldrive network in good faith, taking duecare.

(3) The Customer is obliged get acquainted in advance with the operating instructions of theCharging Stations before starting an Electric Vehicle Charging Session. Such rules are specified in theMobile Application and/or onthe relevant Charging Station.

(4) By starting a chargingsession, the Customer confirms that he/she is familiar with theinstructions and the risks associated with the use of the Service. In case damages are caused to therespective Charging Station due to the fault of the Customer, he/she owes acompensation in the amount of the damages suffered by the Company.

Art.22. (1) In order to make sure that the charging session has started correctly,the Customer is obliged to check theinformation visualized on the display ofthe Charging Station.

(2) Charging starts from themoment the Customer has connected the Electric Vehicle to the Charging Station,in accordance with the rules established for this purpose and after the proper identificationof the user account in theMobile Applicaton has been carried out.

(3) The Customer is obligedto make sure that the battery of the Electric Vehicle to becharged is compatible with the respective ChargingStation,  as well as the ElectricVehicle can be charged at that station, according to the current standards for Charging Stations, whichare available to be reviewed bythe Customer by using the filters provided in the Mobile Application “Eldrive”

(4) The Customer shall have the option to activate the AutomaticStart of Charging functionality for a vehicle of his/her choice after sending an electronic message to theCompany with requests and subject to the rules introduced by these General Terms and Conditions.

Art.23. (1) The Customeris aware that theService and all rights over it are theexclusive property of the Company or its licensors.

(2) The Service content is protected by trademark rights and/or other intellectual propertyrights, and the Customer is notentitled to use and/or allow the use of any way of the Company'strademark and/or logo, nor to beconsidered a licensed user of the industrial property rights held by theCompany.

(3) The Customer undertakes not to use the Service for any  purposes otherthan personal and non-commercial purposes, which are similar to the Company's business.

(4) The Customer is responsibleand undertakes to compensate the Company in case the Charging Stations aredamaged by the Customer as a result of his/her failure to fulfill anyobligations provided for in these General Terms and Conditions.

VI. RIGHTS AND OBLIGATIONS OF THE COMPANY

Art.24. (1) The Companyundertakes to provide the Customer with access to the Electric Vehicle ChargingService in the network of charging stations of "Eldrive" through the Mobile Application, continuously and without interruptions, but does not guarantee that the latter will be available continuously, in a timely manner or without any errors or disturbances.

(2) The Companyhas the right to monitoring the status (activity) of the created Customeraccounts and in case there are reasons/preconditions creating reasonable doubtsregarding the authenticity of a specific account, the Company has the right tounilaterally delete the specific account until the case is clarified or theCustomer provides objections to these actions.

Art.25. (1) The Company shall not be liable for damages in case:

1. The device used by the Customer to access the MobileApplication, the data transmission network or related functions does not work;

2. The service is suspended due to reasons that do not fall under the controlof the Company and cannot be imputed to it;

3. The Customer'sRFID identification card in the system of Charging Stations managed by the Company is damaged, lost,stolen or used legally by a thirdparty and the Customer has not promptly notified the Company of the damage,loss or theft of his/her RFID card in due time;

4. TheCustomer uses the Service incorrectly;

5. In other cases provided for in these General Terms and Conditions.

(2) The Company is not responsible for the parking of the electric vehicle by the Customer in violation of applicable regulations or specific rulesfor stay/parking at aspecific location.

(3) The Company shall not be liable for any interruptions and/or damages in the power supply provided by theelectricity distribution companies operating on the territory of the Republicof Bulgaria, or for damages to theinternal network at thelocations where the Charging Stations are installed.

(4) The Company shall not be liable in case that the ownership of the vehicle for which AutoStart Charging has been activated from the Customer's account, providedthat the latter has not expressly notified the Company about the termination of the use of thefunctionality.

(5) The Company shall not be liable for prematuretermination of charging sessions initiated through the functionality - AutomaticStart of Charging in the Mobile Application in case the reasons fortermination of the respective charging session are beyond the Company'scontrol.

(6) The Company shall not be liable for damages caused bythe application of a legal provision,actions of a state body, war, stateof emergency, sabotage, lack ordelayed deliveries, information links or other data andcommunication links, strike, state of emergency and related movementrestrictions or other similar circumstances beyond the Company's control whichare in the nature of force majeure within the meaning of the Companies Act. Thehypothesis provided for discharge of the Company form any liability related to strikes and blockades is applicable in thecases where the Company is subject to such actions.

Art.26. (1) TheCompany shall be liable only for the damages that are a direct and immediateconsequence of a deliberate violation ofthese General Terms and Conditions and/or applicable mandatory legal provisions by the Company.

(2) Under no circumstances will the Company be liable for any indirect damages caused to the Customer and/or his/herproperty during and/or in connection with the use of the Service provided bythe Company.

VII.               SUBSCRIPTION PLANS

Art. 27.1. The Company (“Eldrive”) offers its customers subscription plans thatprovide special pricing conditions for charging at AC (slow charging) and DC(fast charging) charging stations in the network of charging stations managedby the Company (“Eldrive”). The Company (“Eldrive”) publishes theoffered Subscription Plans, their prices and special conditions in the MobileApplication. Discounts on Subscription plans cannot be combined with otherdiscounts or promotions offered by Eldrive Art. 27.2. Each Subscriptionplan ordered is linked to the Subscribing Customer's Account.

Art.27.3. Subscription plans are valid and can only be ordered by naturalpersons/individuals.

Art.27.4. Subscription plans are ordered for 30 (thirty) calendar days (forexample: if You order on 15 March 2025 at 10:00 a.m., Your subscription planwill be valid until 15 April 2025 at 10:00 a.m.) and are automaticallyrenewed by charging the Customer's payment card in the Mobile App. If You donot wish for the Subscription Plan to be automatically renewed in the MobileApp, you may disable the automatic renewal of the Subscription plan. Please notethat although the Subscription Plan is valid for 30 (thirty) calendar days fromthe date of payment, you will be able to charge your Electric Vehicle/Vehiclesup to 250 kWh within 30 calendar days at special tariffs (prices). Above thisamount of kWh, the standard Eldrive tariffs (prices) in force at the time willapply.

Art.27.5. Subscription plans can only be ordered and activated via the EldriveMobile App. You will receive confirmation of your subscription to the emailaddress you provided when registering on the Mobile App. We will also informyou if the Subscription Plan is suspended due to exceeding 250 kWh within the30-day Subscription period or if we are unable to charge the Subscription Feefrom your payment card added to the Mobile App.

Art.27.6. If the Customer exceeds the 250 kWh limit and wishes to continue chargingthe electric vehicle using the special pricing terms of the Subscription Plan,the Customer may order another Subscription Plan (of a different type andprice) earlier, i.e. without waiting for the termination of the previouslyordered Subscription Plan. In this case, the Subscription Plan originallyordered will expire and the newly ordered Subscription Plan with a renewed 250kWh limit will apply. There is no limit on the number of such priorSubscription Plan renewals.

Art.27.7. The subscription plan ordered in the Republic of Bulgaria will be validonly on the territory of the Republic of Bulgaria, i.e. it will not be valid inother countries where Eldrive operates.

Art.27.8. Eldrive may unilaterally change the terms, conditions, fees and applicabletariffs of the Subscription Plans by notifying Customers 3 working days inadvance at the email address provided during registration and/or via the MobileApp.

VIII. GENERAL PROVISIONS

Art.28. (1) Theinformation regarding the transactions made by the Customer is available in his/her personal Account in the Mobile Application "Eldrive".

(2) Statements for a certain period for a specific account may be reviewed and printed at any time.

(3) The Company and its Service Providers may store the Charging Information, until it is necessary, in compliancewith the legal and contractual provisions regulating the processing of personal data.

(4) A Customer wishing tofile a complaint regarding the Services provided by the Company mustnotify the Company in writing within three days from the moment when a discrepancy is found betweenthe Service offered and the Service provided by the Company and attach thedocuments supporting the Customer’sclaim. If the indication of the discrepancy is not clear and precise  enough, theCustomer undertakes to provideadditional documents required by theCompany related to his/her claim, otherwise the Customer's claim will be disregarded, unless otherwiseprovided in the applicable mandatory legal provisions regulating these relations.

(5) In case of acomplaint, the Company must review and verify the Charging Transactions in the Customer's Account during theperiod specified in the complaint. TheCompany is obliged to consider thecomplaint of the Customer and to take the final opinion on the specific case.If the complaint proves to be justified, the Company will indemnify theCustomer for the respective amount within 20(twenty) business days, tothe bank account indicated by the Customer. If the claimis rejected, the Company will notify the Customer about the result of the review ofthe claim within 20 (twenty) business days from the date of its filing by the Customer. In case the Customer is not satisfied with the decision onthe complaint, he has the right to send it to the Consumer Protection Commission, an independentout-of-court dispute resolution body or to file a claim before the competent court.

Art.29 (1) The Customeris obliged to immediatelynotify the Customer Service Department of the Company at the followingtelephone number +359 2 419 3476 and by e-mail, if he has any grounds to believe that unauthorized persons may have received access to the accountor become aware of the Customer's username and/or password for access to theMobile Application and/or if theCustomer finds illegal use of his/herpersonal account in the Mobile Application by an unauthorized person and/ or incase of lost or stolen RFID card required for customer identification.

(2) In the event that the Customer fails to immediatelyinform the Company in accordance with the preceding paragraph, the Customer shallassume full responsibility for any damages.Upon proper notification of unauthorized use of the Service by the Customer,the Company will take the necessary measures and make efforts to block any illegally initiated sessions throughthe Customer's account or by using the RFIDcard within a reasonable term. In any case, until the Company is duly notified of the circumstances referred to previous provision, the Customer is responsible for any use of the Service through his/her personal account in the Mobile App and/or RFID Identification Card.

Art.30. (1) The Company has the right to unilaterally amend these General Terms and Conditions, the Price List and/or the contentin the electronic system of the Mobile Application and/or the functions of the "Eldrive"system, in order toimplement new technologies, functionalities, appropriate technical oradministrative procedures or new procedures related to the provision of theServices, by notifying the Customers by publishing the current version in the Mobile Application or onthe Company's website www.eldrive.eu  in accordance with the requirements of thelegislation in force in the Republic of Bulgaria.  

(2) In case theCustomer does not agree with the amendments to the General Terms andConditions, the Customer may cancel his/her registration in the Mobile Application and use of theServices.

IX. PERSONALDATA PROCESSING

Art.31. (1) The Company introduces a strictpolicy of confidentiality and due diligence in the processing of the PersonalData of its Customers, observing all the requirements regarding the collection and use ofPersonal Data provided for in the national law, as well as in the applicableCommunity law. AllPersonal Data of the Customers are encryptedand the access to it is strictly limitedand allowed only to the competentand explicitly authorized persons, in accordance with the PersonalData Privacy Policy.

(2) The Personal Data Protection Act and Regulation(EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 onthe protection of individuals with regard to the processing of personal data andon the free movement of such data and repealing Directive 95/46/EC (GeneralData Protection Regulation) regulates the rules for the processing of personal data and applies to the activities carried out by the Company.

(3) The PersonalData provided to the Company will be processed for the purpose of providing theService to the Customer in accordance with these General Terms and Conditions, the applicable legislation, the Eldrive's PrivacyPolicy, as well as for thedevelopment of the Service.

(4) In order to exercise his/her rights to protectPersonal Data (e.g. to review the information relating to the Customer, to eliminate errors in the Personal Data providedor to prohibit the use of the provided information for directmarketing purposes), the Customer may contact the Company at the emailand telephone number specified herein.

(5) The Company has the right to provide the Customer's PersonalData, for example: e-mail address, names, telephone number, part of theprovided payment card number to third party counterparties related to theprovided Service, in strict compliance with the Privacy Statement published onthe Company's website, the Privacy Policy for Personal Data and the establishedmandatory regulations.

(6) For any questionsregarding the processing of personal data, the Customer may contact the Companywhich will provide him withaccurate, complete and timely information.

(7) Before registering in the Mobile Application, or accepting these General Terms and Conditions, the Customeris obliged to review thenecessary information in the Company'sPrivacy Statement regarding the processing of his/her Personal Data published on the Mobile Application.

(8) In order to use the Service, the Customer gives his/her explicit consent for the processing of his/her PersonalData by creating an individual user account in theMobile Application.

(9) In the event that the Customer exercises his/her rightto be forgotten and requests the deletion of the personal data provided, “Eldrive Charging” EAD will be entitled toapply additional procedures in order to conclusively establish the author ofthe statement by requesting the Customer to provide additional data (e.g.three names, telephone, e-mail and the like) for this purpose. In thisregard, in order to ensure maximum protection of the Customer's rights andinterests, the latter shall cooperate with “Eldrive Charging” EAD in theprovision of the requested information on the occasion of the Customer'sprecise exercise of the right to be forgotten.

X.TERMINATION OF REGISTRATION

Art.32. (1) The Customermay terminate the use of the Service, respectively his/her registration in the Mobile Application with 7 (seven)- days written notice addressed to the Company, after paying all amounts due for the provided Service.

(2) The right of termination may be exercised in thefollowing ways, namely:

1. by sending a notice of termination to the followinge-mail address support@eldrive.eu

2. by sending a notice by courier or postal operator tothe registered office and address of the Company.

(3) In order to exercise his/her right to termination, the Customer must identifyhimself to the Company by providing the following data:

-       names/username used to register in the Mobile Application;

-       e-mail address used by the Customer to register and identify in order to use theService;

-       the number of the relevant prepaidRFID card, that theuser uses for identification, in case he has the RFID card in question;

-       an explicit statement that he/she does not owe any amounts to theCompany and wishes to terminate its registration in the Mobile Application. The notice oftermination of the registration,respectively use of the Service by the Customer must include a definite, unambiguous, clearly expressed statement of intentby the Customer containing the final intentionto terminate the Service provided and the requested RFID identification card, if any.

(4) The request for deregistration shall be confirmedwithin 3 (three) days by the Company based on the data provided by theCustomer upon registration in the Mobile Application and a review of the historyof charging sessions, started and ended through theCustomer's account in the Mobile Application and confirmation of the absence of outstanding obligations of the Customer.

(5) The Customer must send the notice of termination, containing all the necessary details described in this provision for thepurpose of indisputable andaccurate identification of the latter by the Company to the following emailaddress office@eldrive.eu: by courieror by post to Sofia ZIP 1612, "KrasnoSelo" district, ul. "Yunak” 11-13, floor4. The Company will send a confirmation e-mail to the e-mail address providedby the Customer to certify that he/she has accessto that e-mail account.

(6) The Company shall terminate the provision of the Service,respectively the registration in the Customer's mobile application within 14 (fourteen) business days, after confirmation of the received written notice of termination and inthe absence of outstanding obligations.

(7) By accepting these General Terms and Conditions, the Customer gives his/her explicit informed consentand confirms that he/she owespayment for all Services already fully provided and performed in full by theCompany by the date of termination.

Art.33. (1) In case of violation of these General Terms and Conditions and/orof the applicable regulations in the country, the Company has the right tounilaterally terminate the use of the Service, provided that following a notification sent to the Customer, the latterdoes not remedy  the violation committed by him/her within a reasonable term, but not later than 3 (three) days from thedate of receipt of the notification, in the following hypotheses:

1. The Customer does not fulfil his/her obligation to pay the amounts forthe Service used through his/her account inthe Mobile Application in due time;

2. The Customer uses the Service in violation of these General Terms and Conditions or the Company'sinstructions for its use;

3. The Company has reasonable grounds to believe that the Service is used illegally or in violation of these General Terms and Conditions and/or the provisions of therelevant legal regulations.

(2) Outside the cases described above, regardlessof the circumstances at hand, the Company has the right to unilaterally terminate the use of the Service, respectively the registration in the Mobile Application, by sending the Customera 7-day written notice, containingthe Company's statement of intent for termination of the registration in the Mobile Application and the provision of the Service.

Art.34. The termination does not affect the validity of the provisions of the General Terms and Conditions regarding the Dispute Settlement Procedure and other relevant rules,and these clauses remain essentially valid after the termination,including the provisions regarding the collection of payments due by the Customer.

XI. DISPUTES

Art.35. Any dispute, contradiction or claim arising out of or in connection with these General Terms and Conditions, theirinterpretation, violation, termination orvalidity shall be resolved first of all by mutual negotiationin accordance with the principles of impartiality, reasonableness and fairness. In the event that no agreement isreached by the Parties as a result of such negotiations, within 20 (twenty) days from the date of receipt of a written proposal to continue the negotiations or if either Party decides that further negotiations are inappropriate, each dispute, contradiction or claim will be finally resolved by the relevantcompetent court on territory of the city of Sofia.

XII.APPLICABLE LAW

Art.36. (1)The acceptanceof these General Terms and Conditions, their implementation, expiration of the term, interpretationand resolution of disputesshall be settledinaccordance with the applicable substantive law of the Republic of Bulgaria.

(2) In case of anycontradiction between these General Terms and Conditions orindividual provisions hereof and the mandatory provisions, established in the applicable legal acts, therelevant provision of the current legislation shallapply.

These Terms and Conditions wereadopted on 20^th of May 2018, amendedon 14^th of April 2020,amended on 01^st of November 2022,amended on 20^th of  January 2023, amended onthe 30^th of September 2024 amended on the 31^st of March 2025 and amended on the 30 of June 2025.

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