Terms of Service

GENERAL CONDITIONS FOR THE USE OF ELECTRIC VEHICLE CHARGING STATIONS IN THE CHARGING INFRASTRUCTURE ADMINISTERED BY EMOBILITY CHARGING SRL

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PREAMBLE

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EMOBILITY CHARGING SRL, a limited liability company, headquartered in Bucharest, Calea Floreasca no. 175, 5th floor, registered with the Trade Registry under no. J40/3474/2019,  European unique identifier (EUID): ROONRC.J40/3474/2019, fiscal code RO36602260, e-mail: office@eldrive.ro („Company” or „Eldrive”), is a company that carries out activities related to the supply, installation, operation and maintenance of electric vehicle charging stations on the territory of the Romania, including for the purpose of providing its Customers with the following complex service: “Electric Vehicles Charging”.

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These General Terms and Conditions regulate the legal relations arising between the Company and the Customers duly registered in the Mobile Application "Eldrive", that allows access to the electric vehicle charging station network, administered by EMOBILITY CHARGING SRL (the "Service"). The "Eldrive" Mobile Application provides an opportunity for each Customer, following his/her proper registration , to gain free access to its content, including information about the selected Charging Stations, included in the scope of the Charging Stations network administered by the Company, such as: exact location data, power, type, number of charging points (connectors), free capacity and information about the  price of the service provided by the selected Charging Station. 

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I. DEFINITIONS INCLUDED IN THE GENERAL TERMS AND CONDITIONS

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

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

b). "Charging Station" means a fully completed and assembled technical product included in the Charging Stations network administered by Emobility Charging SRLEmobility Charging SRL, which provides the necessary capacity and energy to charge the batteries in electric vehicles;

c). "Customer" means an individual or legal person registered as a user of the Service, who has explicitly agreed to these General Terms and Conditions. The acceptance of each Customer of these General Terms and Conditions is considered duly and validly performed upon his/her registration in the Mobile Application of  Emobility Charging SRL, and it requires the provision of a valid and up-to-date email address and the provision of a payment card through which payments for the Service are made and which serves as security in cases where the Customer wishes to request the use of a re-defined charge limit;

d). "Mobile Application" ("Eldrive Mobile Application") means an Internet-based application for mobile devices administered by Emobility Charging SRL, used to provide the Service ; 

e). "Application Payment Functionality" 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 by the Customer through the Mobile Application or a prepaid RFID card;

f). "Personal Data" means all personal data allowing the Customer to be directly or 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 obligations data and others;

g). "Customer Portal" means a management interface accessed via Internet that can be used by a Registered User to manage their personal account on the “Eldrive” Mobile Application;

h). "RFID card" constitutes personal means for radio frequency identification of the Customer. Each Customer has the opportunity to order an RFID 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, which entitles the Customer to charge electric vehicles at the network of charging stations, operated by Eldrive for a period of one month. The amount of the agreed credit limit shall be paid by the Customer in advance to a bank account specified by Eldrive, and after the expiry of the month for which the credit limit has been agreed, Eldrive shall provide a report certifying the charges made 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 Combo 2 connectors to provide up to 350 kW (kilowatts) of power, the two connectors being extensions of the IEC 62196 Type 1 and Type 2 connectors, with two additional direct current ("DC") outlets to allow fast charging from a high power station.

k). "CHAdeMO is a charging system" means a system that allows fast charging of battery electric vehicles. 

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

m). "Automatic Charging Start" means functionality available in the Mobile Application that allows users to start and stop charging sessions at fast charging stations ("DC stations" - solely and exclusively on CCS connectors) of the manufacturer ABB on the Eldrive network, after plugging the Coupler into the vehicle, without the need for additional verification via the Customer's personal profile in the Mobile App or via RFID card. Said function does not exclude the possibility to start or terminate a charging session in the standard way, via the verification methods. In order to use the Auto Start Charging feature, it is necessary to send a message to the following e-mail address: office@eldrive.eu, in which you indicate that you wish to activate the new functionality for an explicitly specified Vehicle, as well as to enter the e-mail address with which you have registered a personal profile in the "Eldrive" Mobile Application. Customers should be aware that for the successful activation of the function - Automatic Start of Charging, a minimum of one charging session at an ABB DC station in the public network of charging stations "Eldrive" must have already taken place, not earlier than the beginning of December 2022. The functionality allows stopping a successfully started vehicle charging session at any time.

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II. SUBJECT MATTER OF THE GENERAL TERMS AND CONDITIONS 

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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 the Customer undertakes to ensure the proper operation of the Charging Stations pursuant to the rules established herein and to pay the Company the amounts due for the tariffs charged, as well as any penalties, expenses, compensation and other amounts arising from these  General Terms and Conditions. 

Art.3 (1) To use the service 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 system supported by the mobile device. 

(2) Before making a proper registration in the mobile application, the Customer is obliged to get acquainted with the General Terms and Conditions valid at the time of registration, which are available in the mobile application "Eldrive" and on the Company's website at the following  address: https://eldrive.eu/ro/. 

(3) In order to use the Service the Customer is required to perform proper registration by creating a user account in the Mobile Application "Eldrive", which will allow 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 the mobile application "Eldrive", the Customer is obliged to provide the Company with the selected username - the chosen electronic address (email), under which he will use the Service, a payment card, which the Customer guarantees that he is entitled to use in order to make payments and a valid email address, through which official correspondence between the parties will be carried out and such data will serve to identify the specific Customer. 

(2) Upon initial registration on the Mobile Application, the Customer creates his/her own password to gain access to the content of the “Eldrive” Mobile Application and to the Service. 

(3) The access to the Mobile Application is provided to the Customer after correctly entered username – the selected email address and password in the fields specified for that purpose. Therefore, the Customer is obliged to keep such data and not to disclose it to third parties. Otherwise, in case of misuse of his/her identification data, the Customer shall be held responsible and will be obliged to pay the Company the amounts due for the use of the Service through his/her user profile in the "Eldrive" Mobile application, 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 the identification data for access to the Mobile Application become known to third parties or are lost, the Customer is obliged to notify the Company immediately by sending a message to the following e-mail address: office@eldrive.ro or by calling the Customer Service Centre on 0373 760 296 during non-business hours. 

(5) The Customer is obliged to ensure compliance with all reasonable 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 responsible for the consequences that would occur as a result of the insufficient protection of the device that the Customer uses to access the “Eldrive” Mobile Application.

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

(7) The Customer is responsible for the keeping and use of his/her data, which identify him/her to the Company through the Mobile Application and allow proper correspondence with him/her. Moreover, he is obliged, by and at any time after accepting these General Terms and Conditions and his/her registration as a Customer, to declare that such data is valid and up-to-date and that he/she has not committed any misuse and/or unauthorized access to others' data and/or means of payment. Also, the Customer undertakes to immediately update his data as soon as this data provided in the Mobile Application is no longer updated. The Company cannot be held liable for any incorrect or incomplete entered data by the Customer during the registration in the Mobile Application, or in case of changes in the already entered data. 

Art.5. (1) The approval of a user account in the Mobile Application shall take place following the registration process. 

(2) The Company may refuse the approval of a user account of the Customer or to deactivate an already approved account of the Customer, for security grounds or in view of protecting its activity against frauds, including in case it establishes that the Customer has submitted invalid data during his/her registration in the Mobile Application and/or if there are sufficient grounds to believe that the Customer is not acting in a good faith. 

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

(2) If the Customer does not agree to 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, except with the explicit prior written consent of the Company. 

Art.7. By accepting these General Terms and Conditions and the confidentiality Statement upon registration in the Mobile Application, the Customer makes an explicit statement of his intent and agrees to establish a contractual relationship with the Company in order to use Electric Vehicle Charging Services provided in the Charging Stations network of Emobility Charging SRL, as of the date of Customer’s registration in the Mobile Application. 

Art.8(1) The Customer declares his/her explicit consent and accepts that these General Terms and Conditions, confirmed electronically upon registration in the Mobile Application by ticking the box  in the relevant field, are considered validly approved and binding, giving rise to the same binding legal 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 other institution for dispute settlement.

(2) The General Terms and Conditions are accepted by the Customer and bind the latter from the moment the Customer registers in the “Eldrive” Mobile Application, since by registering the Customer confirms that he/she agrees and undertakes to comply with the current and effective version of the General Terms and Conditions developed by the Company. Thus, the moment of concluding the contract is the moment after the acceptance of the General Terms and Conditions and the completion of the registration process.

Art.9(1) In view of providing the Service  for Electric Vehicles Charging in the Network of Eldrive Charging Stations, Emobility Charging SRL processes the Personal Data provided by the Customer (insofar as and if such are provided for the purposes of the proper provision of the Service), in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EU (General Data Protection Regulation) and the Company’s privacy Statement, available at: https://eldrive.eu/ro/. 

(2) In the event that the Service is used through a registered profile of a legal entity, Emobility Charging SRL has the right to process the personal data of persons using the Service through corporate profiles. In this situation, the Customer (account holder) is obliged to ensure the provision of explicit consent for this by the persons who use the Service through the registered profile in the Mobile Application, respectively the persons whose data will be processed by Emobility Charging SRL and the Customer. The Customer is responsible for the processing of the personal data of the persons to whom it has granted access to use the Service through the corporate account registered in the Application. 

(3) By registering on the Mobile Application and accepting the Privacy Notice (by ticking the box in the relevant field), the Customer declares that he/she is aware of the potential risks of using electronic means of communication and gives his/her express consent to the Company to process the Personal Data provided (e-mail, names, part of the payment card number provided, etc.) by automatic or other means for the purposes of concluding, management and performance of the contract executed with the Company, respectively of these General Terms and Conditions and for the proper provision of the Service.  

(4) The Company has the right to reject the Customer's registration in the “Eldrive” Mobile Application, if the Customer has not granted his/her explicit consent, by accepting the applicable General Terms and Conditions and the Privacy Statement, or in case of providing incomplete and/or inaccurate data or if other information required for the proper registration on the Mobile Application is missing. 

(5) The Company has the right to reject registration of the Customer if the latter fails to provide his/her consent for the processing of Personal Data necessary for his/her verification as a Customer of the Service or in case of non-fulfillment of the Customer’s obligations to the Company arising from a previous use of the Service.  

Art.10. The Company aims to provide the Service continuously and without interruption, but does not guarantee that the latter is available continuously, in a timely manner or without errors or disturbances. The Company undertakes to provide reasonable protection of the Mobile Application in order to ensure the use of the Service, but is not responsible for any temporary interruptions and/or interference to electronic communication systems.  For the avoidance of any doubt, the Company cannot be held responsible: a) in case the Customer chooses an unsuitable Charging Station for the Electric Vehicle operated by the Customer; b) in the absence of sufficient availability of other Charging Stations at a particular time; or c) in case of a technical failure of a specific Charging Station. However, the Company undertakes to eliminate any established technical malfunction of the Charging Stations in due time.

Art.11. (1) After the Customer accepts the General 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 the tariff charged for the respective Charging Station through the application.

(2) The charging service for electrically powered vehicles provided by the Company may be used only at publicly available Charging Stations 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 the Mobile Application and include type of station (fast charging station /constant current/ or regular charging station /variable current/), its owner and its exact location. 

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III. RULES FOR SERVICE USE. PAYMENT METHOD

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

(2) If necessary and for the purpose of carrying out due identification, the Company has the right to request additional data to be submitted by Customer, and the latter undertakes to provide them in a timely manner.

(3) In case the Customer fails to fulfill the obligation under Article 12, 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 who has accepted these General Terms and Conditions and has duly registered in the “Eldrive” Mobile Application, obtains the right of access and an opportunity to use the Service provided by the Company, by paying by bank card (credit/debit card) through the Customer's account in the Mobile Application and/or by paying through a  RFID card duly registered by the Company. 

(2) By starting a charging session for an electric vehicle through his/her account in the Mobile Application “Eldrive” or by using a registered RFID card, the Customer accepts that the Charging Service provided by the Company is initiated at the request of the Customer and that the Company will debit the amount due for the Service from the Customer's registered payment card or from the Customer's re-defined credit limit, in accordance with the Company's current Price List, until the Customer duly terminates the initiated 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 payments with it and that is not blocked. In case the validity term of the payment card has expired, or the limit has been exceeded, the Customer is obliged to pay the Company’s fee for the charging service within three days from the date of his/her notification of the unsuccessful transaction related to the reported charging from the User's account. In case the amounts due by the Customer are not paid within the stipulated period, the Company has the right to immediately terminate the provision of the Service and block the Customer's account without sending further notice.  

(4) The Customer is obliged to update in due time his/her account in the Company's Mobile Application with the necessary information regarding any circumstances related to changes in the payment card, a new payment card to replace a registered one and other changes in the data necessary for the lawful and compliant use of the Service. The Customer undertakes to update the information described in the previous sentence as soon as possible, but in any case within three days from the date on which the change in circumstances occurred , otherwise the Company has the right to immediately block the Customer's account on the “Eldrive” Mobile Application, as well as to initiate court proceedings for the implementation and protection of its rights by enforcement, provided that the Customer has used the Electric Vehicle Charging Service and has not paid the amounts due.

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

(2) The final price for using the Service is determined on 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, except in cases of a dispute and indisputably proven inaccurate charge by the Customer, raised within three days from the date of the incorrectly charged amount/ incorrect charging by the Company.

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

(4) Thus, the Customer understands and accepts that he does not benefit from the right of withdrawal (right of return) from the contract, even if he is within the 14-day period from the time of charging. This is because the charging service is provided in full, at the Customer's request, before the expiration of the 14-day period. For the elimination of any doubt, contracting the Charging Service, through the Mobile Application, also represents your express request and express prior consent for the Company to start providing/making available the Charging Service, during the 14-day period in which you could have exercise the right of withdrawal. In this case, after issuing the request and prior agreement in question, in the form of initiating the Charging Service, through the Mobile Application, the Company will proceed to provide/make available the Charging Service. Thus, after performing the charging, you will not be able to request withdrawal from the contract. 

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

(2) The Customer has the right to refuse the provided Services by terminating his/her registration in the Mobile Application if he/she does not accept the new conditions and/or prices, 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 accepting these General Terms and Conditions, the Customer provides his/her explicit and unconditional consent to the Company to directly debit the balances on the provided payment card, with the price payable in accordance with the current Price List of the Company for the provision of the Service, as well as any other amounts payable under these General Terms and Conditions. 

(2) The Customer guarantees that the payment 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 been explicitly allowed by the Customer by accepting the General Terms and Conditions 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 Mobile Application. In the absence of sufficient funds on the payment card registered through the Mobile Application, the Customer undertakes to pay the amounts due to the Company within 3 (three) calendar days from the due date (the date in which the due amounts were generated). In case any additional amounts are debited, in addition to the price due for using the Service, the Company, at the Customer’s written request presents the ground for accrual of the additional amounts, and the Customer has the right to challenge them within three days from the receipt of the information, otherwise the Customer will be deemed to accept the charge.

(4) The Company has the right to immediately block the Customer's account in the Mobile Application system, in the case the Customer fails to pay amounts due under an issued invoice in connection with the use of the Electric Vehicle Charging Service within three days from the date of sending the invoice. 

(5) If the Customer delays a payment, the Company has the right to accrue default interest, fees, costs and expenses related to the collection of the claim, as well as any costs arising from such non-fulfillment of 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 on his/her payment card at the time of starting a specific session, to debit the amount due automatically at a later stage, when sufficient balance is present. In case of payments made through a payment card registered through the Mobile Application, the Company issues the required documents in accordance with the current Romanian tax legislation. In the case of corporate Customers (legal entities or other economic operators), a single fiscal invoice will be issued for the Charging Services of a given month, at the end of the month in which the charging took place.

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

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

(3) The security of all payment information shall be ensured by secure cryptographic protocols when sent via the Internet so that it cannot be read during transmission by third parties.

Art.18.(1) The Company shall not be liable in case the Customer starts an Electric Vehicle charging session at a location which requires the payment of a fee or rent, in which case the obligations to pay the relevant amount for the stay at the above locations shall be entirely borne by the Customer.

(2) All disputes regarding imposed administrative or administrative-penal sanctions for improper parking shall be settled directly by the Customer and the respective competent state body, the company responsible for the stay/parking of vehicles at the respective location or the competent local authorities.

(3). The Company is not responsible for any additional fees arising from the regulatory policy 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 responsibility arising from the Customer’s acts/omissions described in this Article.  

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IV. SERVICE PRICE

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

Art.20.(1) The price of the Electric Vehicle Charging Service has been announced in the Mobile Application "Eldrive" and on the Company's website. Therefore, the Customer declares that he/she agrees to be deemed duly notified and informed of the current price of the Charging Service in the network of Charging Stations administered by the Company and that the Company will not be liable if the Customer has acted negligently and has not reviewed the current prices for the Service. 

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

(3) The Customer is aware and agrees that the price of the Service for the same Charging Station may be differentiated according to the characteristics of the various models of Electric Vehicles and the time required to charge their batteries.

(4) The Customer is aware and agrees that the prices announced by the Company are applicable only to Charging Stations operating under the trademark of Emobility Charging SRL - "Eldrive", located on the territory of Romania. 

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V. RIGHTS AND OBLIGATIONS OF THE CUSTOMER 

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(1) The Customer is obliged to make sure that the charging of the Electric Vehicle starts and ends in a proper manner, in accordance with these General Terms and Conditions and the instructions of the charging stations. 

(2) The Customer is obliged to use the Charging Stations in the Eldrive network in good faith, taking due care.

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

(4) By starting a charging session, the Customer confirms that he/she is familiar with the instructions and the risks associated with the use of the Service. In case damages are caused to the respective Charging Station due to the fault of the Customer, he/she owes a compensation 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 the information visualized on the display of the Charging Station.

(2) Charging starts from the moment the Customer has connected the Electric Vehicle to the Charging Station, in accordance with the rules established for this purpose and after the proper identification of the user account in the Mobile Application has been carried out. 

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

(4) The Customer shall have the option to activate the Automatic Start of Charging functionality for a vehicle of his/her choice after sending an electronic message to the Company with requests and subject to the rules introduced by these General Terms and Conditions. If this option has been activated, the Customer has the obligation to immediately inform the Company in the event of the sale/disposal of the Electric Vehicle for which the option has been activated, no later than the date of sale/disposal. Otherwise, the Company cannot be held responsible for charging the tariff related to the Charging Service after the disposal/sale of the Electric Vehicle.

Art.23. (1) The Customer is aware that the Service and all rights over it are the exclusive property of the Company or its licensors. 

(2) The Service content is protected by trademark rights and/or other intellectual property rights, and the Customer is not entitled to use and/or allow the use of any way of the Company's trademark and/or logo, nor to be considered a licensed user of the industrial property rights held by the Company.

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

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

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VI. RIGHTS AND OBLIGATIONS OF THE COMPANY

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Art.24. The Company undertakes to provide the Customer with access to the Electric Vehicle Charging Service 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. The Mobile Application and Charging Service are provided "as it is" without the Company assuming any standards of quality, quantity or conformity.

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

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

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

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

4. The Customer 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 rules for stay/parking at a specific location.

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

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

(5) The Company shall not be liable for premature termination of charging sessions initiated through the functionality - Automatic Start of Charging in the Mobile Application in case the reasons for termination of the respective charging session are beyond the Company's control. 

(6) The Company shall not be liable for damages caused by the application of a legal provision, actions of a state body, war, state of emergency, sabotage, lack or delayed deliveries, information links or other data and communication links, strike, state of emergency and related movement restrictions or other similar circumstances beyond the Company's control which are in the nature of force majeure within the meaning of the Civil Code. The hypothesis provided for discharge of the Company form any liability related to strikes and blockades is applicable also in the cases where the Company is subject to such actions.

Art.26. (1) The Company shall be liable only for the damages that are a direct and immediate consequence of a deliberate violation of these 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/her property during and/or in connection with the use of the Service provided by the Company. 

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VII. GENERAL PROVISIONS

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Art.27. (1) The information 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 compliance with the legal and contractual provisions regulating the processing of personal data.

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

(5) In case of a complaint, the Company must review and verify the Charging Transactions in the Customer's Account during the period specified in the complaint. The Company is obliged to consider the complaint of the Customer and to take a decision on the specific case. If the complaint proves to be justified, the Company will indemnify the Customer for the respective amount within 20 (twenty) business days, to the bank account indicated by the Customer. If the claim is rejected, the Company will notify the Customer about the result of the review of the 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 on the complaint, he has the right to send it to the Consumer Protection authority, to an independent out-of-court dispute resolution body or to file a claim before the competent court.

Art.28 (1) The Customer is obliged to immediately notify the Customer Service Department of the Company and by e-mail, if he has any grounds to believe that unauthorized persons may have received access to his account or become aware of the Customer's username and/or password for access to the Mobile Application and/or if the Customer finds illegal use of his/her personal account in the Mobile Application by an unauthorized person and/ or in case of lost or stolen RFID card required for customer identification. 

(2) In the event that the Customer fails to immediately inform the Company in accordance with the preceding paragraph, the Customer shall assume 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 through the Customer's account or by using the RFID card 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.29. (1) The Company has the right to unilaterally amend these General Terms and Conditions, the Price List and/or the content in the electronic system of the Mobile Application and/or the functions of the "Eldrive" system, in order to implement new technologies, functionalities, appropriate technical or administrative procedures or new procedures related to the provision of the Services, by notifying the Customers by publishing the current version in the Mobile Application or on the Company's website www.eldrive.eu, in accordance with the requirements of the legislation in force in Romania.  

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

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VIII. PERSONAL DATA PROCESSING

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Art.30. (1) The Company introduces a strict policy of confidentiality and due diligence in the processing of the Personal Data of its Customers, observing all the requirements regarding the collection and use of Personal Data provided for in the national law, as well as in the applicable Community law. All Personal Data of the Customers are encrypted and the access to it is strictly limited and allowed only to the competent and explicitly authorized persons, in accordance with the Personal Data 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 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) regulates the rules for the processing of personal data and applies to the activities carried out by the Company. 

(3) The Personal Data provided to the Company will be processed for the purpose of providing the Service to the Customer in accordance with these General Terms and Conditions, the applicable legislation, the Eldrive's Privacy Policy, as well as for the development of the Service. 

(4) In order to exercise his/her rights to protect Personal Data (e.g. to review the information relating to the Customer, to eliminate errors in the Personal Data provided or to prohibit the use of the provided information for direct marketing purposes), the Customer may contact the Company at the email and telephone number specified herein. 

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

(6) For any questions regarding the processing of personal data, the Customer may contact the Company which will provide him with accurate, complete and timely information. 

(7) Before registering in the Mobile Application, or accepting these General Terms and Conditions, the Customer is obliged to review the necessary information in the Company's Privacy 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 Personal Data by creating an individual user account in the Mobile Application. 

(9) In the event that the Customer exercises his/her right to be forgotten and requests the deletion of the personal data provided, Emobility Charging SRL will be entitled to apply additional procedures in order to conclusively establish the author of the application by requesting the Customer to provide additional data (e.g. three names, telephone, e-mail and the like) for this purpose. In this regard, in order to ensure maximum protection of the Customer's rights and interests, the latter shall cooperate with Emobility Charging SRL in the provision of the requested information on the occasion of the Customer's precise exercise of the right to be forgotten. 

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IX. TERMINATION OF REGISTRATION

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Art.31. (1) The Customer may terminate the use of the Service, respectively his/her registration in the Mobile Application with 7 (seven)- days written notice addressed to the Company, having the obligation to pay  all amounts due for the provided Service.

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

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

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

(3) In order to exercise his/her right to termination, the Customer must identify himself 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 the Service;
• the number of the relevant prepaid RFID card, that the user uses for identification, in case he has the RFID card in question;
• an explicit statement that he/she does not owe any amounts to the Company and wishes to terminate its account form the Mobile Application. The notice of termination of the account, respectively of use of the Service by the Customer must include a definite, unambiguous, clearly expressed statement of intent by the Customer containing the final intention to terminate the Service provided and the requested RFID identification card, if any.

(4) The request for deregistration shall be confirmed within 3 (three) days by the Company based on the data provided by the Customer upon registration in the Mobile Application and a review of the history of charging sessions, started and ended through the Customer'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 the purpose of indisputable and accurate identification of the Customer by the Company to the following email address: office@eldrive.ro, by courier or by post to the headquarters address. The Company will send a confirmation e-mail to the e-mail address provided by the Customer to certify that he/she has access to that e-mail account. 

(6) The Company shall terminate the provision of the Service, respectively shall terminate the account of the Customer from the Mobile application within 14 (fourteen) business days, after confirmation of receiving the written notice of termination and in the absence of outstanding obligations. 

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

Art.32. (1) In case of violation of these General Terms and Conditions and/or of the applicable regulations in the country, the Company has the right to unilaterally terminate the use of the Service, immediately, without any prior formality, in the following hypotheses: 

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

2. The Customer uses the Service in violation of these General Terms and Conditions or the Company's instructions 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 the relevant legal regulations. 

(2) Outside the cases described above, regardless of 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 Customer a 7-day written notice, containing the Company's statement of intent for termination of the account from the Mobile Application and the termination of provision of the Service. 

Art.33. 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. 

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X. DISPUTES

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Art.34. Any dispute, contradiction or claim arising out of or in connection with these General Terms and Conditions, their interpretation, violation, termination or validity shall be resolved first of all by mutual negotiation in accordance with the principles of impartiality, reasonableness and fairness. In the event that no agreement is reached by the Parties as a result of such negotiations, within 20 (twenty) days from the date of starting the negotiation or if either Party decides that the negotiations are inappropriate, each dispute, contradiction or claim will be finally resolved by the relevant competent court on territory of the city of Bucharest, District 1, unless the law provides, imperatively, for another court.

If you are a consumer in the meaning of law and wish to, you can use an alternative dispute resolution procedure. More information is available here: https://anpc.ro/articol/935/ce-inseamna-sal and here: https://europa.eu/youreurope/business/dealing-with-customers/solving-disputes/online -dispute-resolution/index_ro.htm. 

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XI. APPLICABLE LAW

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Art.35. (1) The acceptance of these General Terms and Conditions, their implementation, expiration of the term, interpretation and resolution of disputes shall be settled in accordance with the applicable substantive law of Romania.

(2) In case of any contradiction between these General Terms and Conditions or individual provisions hereof and the mandatory provisions, established in the applicable legal acts, the relevant provision of the current legislation shall apply. 

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These Terms and Conditions were adopted on 01 October 2024.

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