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Terms and conditions

Article 1 - General terms and conditions Enel X Way JuicePass

 

This document governs the terms and conditions (hereinafter referred to as the "General Terms" or "The Contract") that will apply to all "Enel X Way JuicePass" services (hereinafter referred to as the "Services" or, separately, the "Service") provided by Enel X Way Romania S.R.L  for Customers or unregistered users, in accordance with the procedures set forth below.

To use the services it will require prior registration as a Customer (hereinafter referred to as "Customer") in accordance with the guidelines provided in the next section "Registration and subscription to the service" by accepting the General Terms and Conditions described below.

Access to services is possible also for unregistered users, as described in art. 7 below.

 

 

Article 2 - Purpose of the contract

 

2.1 – The subject of the contract is to enable access to charging services, through the “Enel X Way JuicePass” app as identified below:

  • Acces to public charging stations through the app or using a RFID card;
  • Visualization on the map of public charging stations owned by Enel X Way Romania or partners;
  • Managing (starting and stopping) charging sessions at a private home charging station that a Customer can set up in the app or associate a RFID card; 
  • Schedule a charging session at your private home charging station and set up a duration; 
  • Mark charging stations as favorites; 
  • Book a charging point for a certain amount of time before unlocking and starting the recharge process at the selected charging station; 
  • View the route on the map to reach the selected charging station; 
  • Unlock connector and start the charging session, through the app or using a RFID associated to your social profile; 
  • Monitor the charging session;
  • Stop the recharging process through the dedicated button on the app or using the RFID card associated to the profile;
  • Get notified when the regarding is complete;
  • Purchase and associate an RFID card to your customer profile; 
  • Automatic payment of the tariff related to the  service, according to the payment methods predetermined in the user profile; 
  • View, in a dedicated section, the history of your charging session and the invoices received; 
  • Execute and modify a tariff plan;
  • Edit your personal data and payment methods associated with the profile;
  • Subscription to one or more tariff plans associated to the same Account. Some tariff plans may feature a dedicated view of the charging stations the Customer can access. The identification of special tariff plans (i.e. tariff plans that can be activated by entering a specific code) is done by entering a unique code in the "My Account" section of the App.

 

Article 3 – Registration, subscription to the service and account deletion

3.1 – Access to the Service will be made after the Customer's registration in the "Enel X Way Juice Pass" app of Enel X Way Romania S RL which can be accessed from mobile smartphones.

The instructions for registering and subscribing to the Service are available in the "How it works" section, and additional details are available in the "Frequently Asked Questions" section of the "Enel X Way Juice Pass " application. By completing the registration procedure and pressing the "Accept" button, the Customer declares that has carefully read and expressly accepted all the terms and conditions for using the Services, expressly indicated below.

3.2 – The activation of the service will be subject to the positive result of the verification carried out by Enel X Way Romania SRL on the payment methods introduced during the subscription to the service.

3.3 – Subscription to the Service will be allowed to individuals over 16 years and to legal entities. From a legal point of view, people between the ages of 16 and 18 must hold a category B1 driving license on the basis of which they can drive certain vehicles.

3.4 – Using the same credentials, the Customer can access all the web portals and applications enabled by Enel Group entities. If the Customer already has an Account registered on a portal or application of Enel Group, will be able to connect using the same credentials.

3.5 – If the Customer wishes to delete the data from the Enel X Way JuicePass application, this can be done by deleting the profile related to the application, and if he wishes to delete the user with whom he can access all applications provided by Enel Group entities it will be done by deleting the Unique ID account, then the user, if he wants to access an application provided by the entities of the Enel Group, will have to go through all the necessary steps to create a new user account.

3.5 – The Customer is obliged to enter the requested data on the App and he guarantees that those are correct, updated and truthful. The Customer also undertakes to promptly communicate any changes in the data useful for the correct issue of sales documents relating to the purchase of Services. In case of incorrect data, the Customer must promptly notify Enel X Way Romania through the contacts indicated in the App.

3.6 – The Customer acknowledges and accepts that, if it has communicated to Enel X Way Romania false, outdated or incomplete data, Enel X Way Romania reserves the right to suspend access to the App and/or to terminate the Contract, withholding the sums paid by the Customer and reserving the right to claim compensation for the greater damages.

 

Article 4 - Duration and Withdrawal

 

4.1 – This Agreement will be concluded for an indeterminate period.

4.2 – The customer, after the subscription, will have the right to withdraw from the contract within 14 days from the subscription date. If the Customer requests the provision of the Services provided in the Contract for the period during which the withdrawal may be exercised and subsequently exercises its right of withdrawal, the costs related to the use of the Services that have been used until deactivation could be charged to the Customer. The withdrawal will be exercised by the Customer by sending a communication to the email address enelxromania@enel.com. The Customer will receive a response within 2 days by e-mail regarding the fact that the withdrawal coordination took place.

4.3 – During the subscription to the Service, Customer will be entitled to withdraw from the contract by making a request to disable the account, by written communication sent to the email address dedicated enelxromania@enel.com. Enel X Way Romania SRL will deactivate the account within 10 days of receiving the email. In this case, any tariff related to the Services used until deactivation will be charged to the Customer.

4.4 – Enel X Way Romania SRL will be entitled to terminate this contract with immediate effect under Article 1553 of the Romanian Civil Code in the following cases:

  • The Customer does not fulfill payment obligations in 15 days as mentioned in art. 6.5
  • The Customer uses the Service in violation of the General Terms and Conditions. In this case, the customer will be informed about the violated obligation and termination will not be activated without a grant of a remedy where this is possible.

The withdrawal exercised by the Customer or the termination of this Agreement shall determine the lost of the status of Customer with the relevant deactivation of the account and the automatic termination of the Agreement as well as of any consequential and connected relation to the Service.

 

Article 5 - Economic conditions.

 

 

5.1 – Registration to the Service will be free of charge.

5.2 – Regarding the use of the Services, a fee will be applied for the recharging services, being calculated according to the charging units (1 charging unit = 1 kWh), extracted from the charging station, as a parameter. Such tariffs shall be all-inclusive and shall include any cost connected to the use of the Service, including VAT. Tariffs are calculated according to the procedure indicated below in art. 5.3.

5.3 – The tariff of the service will be calculated based on the selected tariff plan. Access to the services indicated in the paragraph "Object of the contract" is subject to the subscription to one of the tariff plans indicated in the App.

5.4 – Please note that some of the charging points displayed in the App map can be used only by Customers who have subscribed to a specific Tariff Plan. The prices provided for in the Tariff Plans are in any case related to the use of the Public Charging Stations.

5.5 – Terms and conditions of each Tariff Plan are shown in the detail sheets that can be viewed on the App.

 

Tariff plans available:

  • Pay/Use Basic: at the end of any recharge session, the cost of the service will be calculated by multiplying the consumed charging units (1 charging unit = 1 kWh) with the unit price established for the service. The price could be different based on the type of connector used, and its updated value can be verified in the application and on the website www.enelx.ro.

AC charging unit (max. 22, 43 kW): 1.69 RON (VAT included)

DC charging unit (50 kW): 2.09 RON (VAT included)

 

  • Pay/Use Premium: at the end of any recharge session, the service cost will be calculated by multiplying the consumed charging units (1 charging unit = 1 kWh) with the unit price set for the service. The price could be different depending on the type of connector used, and its updated value can be verified in the application and on the enelx.ro website. The reservation service is activated by paying an annual fee that offers unlimited access to the service for one year from the subscription date. When the validly period expires (one year) the option will be deactivated automatically. The invoice is issued and sent on the date of the purchase option. Always check the charging stations compatible with the reservation service in the Application and on the website www.enelx.ro.

AC charging unit (max. 22, 43 kW): 1.69 RON (VAT included)

DC charging unit (50 kW): 2.09 RON (VAT included)

Reservation fee: 9 RON/month  

  • Monthly subscription: in exchange for the payment of a fixed monthly tariff, the user will be able to use the service until the higher monthly threshold of charging units will be reached. Should the higher threshold be reached before the renewal, the tariff will be automatically set as "Pay/Use Basic". The monthly rate will include unlimited access to the reservation service and access, at no additional cost, to any type of connector. This tariff plan is activated with the subscription and is automatically renewed every month, on the same day. The updated value of the monthly subscription of charging units and the monthly price can be verified in the special section dedicated to the application and on the website www.enelx.ro.

Montly subscriptions:

 

Basic X:

By paying a fixed fee of 75 RON / month (VAT included), you can use 60 charging units (1 charging unit = 1 kWh). Above this threshold, the tariff plan will automatically switch to the basic plan for use. The tariff plan includes unlimited access to the reservation service. The units included and unused cannot be transferred to the following period or transferred between subscription plans or to other customer accounts. The transition from a subscription with KWh included to another subscription or product will be done at the time of the request. The units included in the previous subscription and unused will be lost once the switch has been done.

 

  • Premium X:

By paying a fixed fee of 140 RON / month (VAT included), you can use 120 charging units (1 charging unit = 1 kWh). Above this threshold, the tariff plan will automatically switch to the basic plan for use. The tariff plan includes unlimited access to the reservation service. The units included and unused cannot be transferred to the following period or transferred between subscription plans or to other customer accounts. The transition from a subscription with KWh included to another subscription or product will be done at the time of the request. The units included in the previous subscription and unused will be lost once the switch has been done.

 

5.6 – Enel X Way Romania SRL. will have the right to update the tariff plans at any time. Any changes will be communicated to the Customer by posting on the website www.enelx.ro or by the e-mail address communicated when subscribing to the service. Any changes will take effect from the beginning of the month following the one in which Enel X Way Romania S.R.L. will communicate these changes in writing.             

Details on the tariff plans are available in the dedicated section of the application and on the website www.enelx.ro. Also, in the application, the user has the possibility to change the profile type or tariff plan at any time.

The Customer can modify the tariff plan, for any profile associated with the account, at any time, without any cost or restriction.

For any profile associated with the account, the Customer will have the right to establish a dedicated tariff plan.

Options to modify the tariff plans are the following:

  • From the rate plan “pay/use” to the rate plan “monthly fee”: it shall be effective within the 24 hours after the moment of the request
  • From the rate plan “monthly fee” to another rate plan “monthly fee”: it shall be effective at the end of the month included in the activation of the secound fee
  • From the rate plan “monthly fee” to a rate plan “on consumption basis”: it shall be effective at the activation of the secound fee

 

Article 6 - Invoicing and payment

 

6.1 – The invoice shall indicate debits and/or credits (if any), specifying the relevant services which have been used. The invoice shall be sent through the email address indicated during the registration and archived in the section “Invoice history”of the app

6.2 – The frequency of billing varies according to the selected tariff plan, as follows:

  • Rate plan “Pay/Use Basic”: the invoice shall be issued and sent to the Customer at the end of any charging session
  • Rate plan “Pay/Use Premium” : for the booking option the invoice shall be issued and sent to the Customer simultaneously with the purchase of the option. For the charging session the invoice shall be issued and sent to the Customer at the end of any session
  • Rate plan “monthly fee”: the invoice shall be issued and sent to the Customer on the same date of the subscription of the plan or of its renewal. The invoice shall include both the monthly fee for the reference period and extra costs due to the exceedance of the monthly threshold (if any) in the month preceding the renewal. The invoice shall be issued on a monthly basis, the same day every month

6.3 – The Service will be paid through the payment method associated with the Customer’s Account. If more than one payment method is associated with the Customer’s account, the Service will be paid through that indicated by the Customer as “default” method, at the time of joining the Service or subsequently, even before the start of the single charging session. If payment is unsuccessful, Enel X Way Romania will notify the Customer and make a series of attempts to charge the due amount.

6.4 – If these attempted charges are unsuccessful, Enel X Way Romania will suspend the possibility to use the payment method associated with the account, or otherwise specified as the “default”, and will inform the Customer accordingly. In that case, the Customer must indicate a valid payment method that enables Enel X Way Romania to recover the amount due.

6.5 – Enel X Way Romania S.R.L. will suspend the service after 5 days from the due date of the first invoice issued which was not be paid. The service and billing will be reactivated as soon as the unpaid invoice has been paid.

6.6 – If the suspension lasts more than 30 days, Enel X Way Romania S.R.L. will be entitled to terminate this contract under Article 1553 of the Romanian Civil Code. In this regard, Enel X Way Romania S.R.L. will send the customer a notification which will grant a 15 day deadline, the contract being considered canceled if payment is not made at the end of this term.

 

Article 7 - Use of the Service by non-registered users

 

7 .1 – Users interested in using the service without being registered as a Customer will have the right, after entering the necessary payment and billing data, to use the following services:

  • Recharge the electric vehicle at public charging stations, according to the service which can be accessed through the dedicated application "Enel X Way JuicePass";
  • Map visualization of public recharging stations for electric vehicles, compatible with the service provided by Enel X Way JuicePass;
  • View the route to reach the selected charging station;
  • Unlock the connector and start the recharge session at the selected station; 
  • Monitor the recharging session;
  • Stop the recharging process with the dedicated application button;
  • Notification regarding the finalization of the recharge session;
  • Automatic payment of the service, based on the units consumed; 
  • Receive the invoice to the email address entered at the beginning of the use of the service through the application. 

7.2 – At the end of any recharging session the service tariff will be calculated by multiplying the consumed charging units (1 charging unit = 1 kWh) by the unit price for the service. The price could be different based on the type of connector used, and its updated value can be verified in the application and on the website www.enelx.ro.

 

AC charging unit (max. 22, 43 kW): 1.89 RON (VAT included)

DC charging unit (50 kW): 2.29 RON (VAT included)

 

7.3 – The unregistered user is subject to all provisions of these terms and conditions which are not exclusively linked to the quality of a Customer.             

 

 

Article 8 - RFID Card

 

8.1 – The Customer can purchase an RFID card through the dedicated section in the App. To be activated, the RFID card must be associated with the Customer’s Account. The RFID card allows the Customers to start and end the vehicle charging session through Private Charging Stations and/or Public Charging Stations, in accordance with its Tariff Plan.

For Android devices, it is possible to download also a digital card to be used directly through the App in the same way as for the RFID card. The digital card is not available for devices different from the Android ones.

8.2 – The same RFID card can also be used for the Private Charging Stations associated with the Customer’s Account.

8.3 – The price and economic conditions for the purchase of the RFID card are specified in the relevant section of the Beta App.

8.4 – Bill is issued in an electronic format and sent by e-mail at the time of purchasing and its contextual payment. In case of purchase sent to a non-EU country, bill should be delivered within the following 48 working hours and the Customer will be notified of any delays by e-mail.

8.5 – The card will be sent to the shipping address indicated during the purchase step.

 

Article 9 - Discount coupon

 

9.1 – The Customer may use coupons that guarantee to take advantage of discounts or promotions. Coupons enable the charging services to be used through the App, for a quantity of recharging units expressed in kWh. They can be activated through the App by entering the relevant identification code in the dedicated section in the “My JuiceWallet” menu of the App.

9.2 – The identification code of each coupon, as well as all the details relating to the use of the coupon, will be assigned to the Customer at the e-mail address indicated during registration or in another way provided by Enel X Way Romania and/or by the others third part who associate the coupon.

9.3 – Each coupon has an expiration date and can be used only once.

 

Article 10 – Domestic Charging Stations

 

10.1 – The Customer can register one or more domestic charging stations on his Account.

10.2 – Once the registration of the domestic Charging Stations has been done, the Customer will be able to start and stop the charging sessions according to the methods indicated on the App.

10.3 – It should be noted that for charging sessions made through Domestic Charging Stations, the cost of electricity for the charging sessions depends on the Tariff Plan applied by the electricity supplier to which the Domestic Charging Station is connected. The cost of electricity will be charged to the Customer by its electricity supplier in the relative bill. It is understood that Enel X Way Romania is not part of the contract between the Customer and its supplier for the administration of the electricity that powers all Domestic Charging Stations.

 

Article 11 – Registration of the vehicle type and additional information on charging session

 

11.1 – Within the Account, the Customer has the option of registering one or more vehicle models, selecting them from those proposed in the menu or typing their name manually. The information entered can be changed by the Customer at any time. For each type of vehicle indicated by the Customer, some technical information- if available- relating to the vehicle (such as charging power, battery size, autonomy) will be shown on the App. Based on the type of the selected vehicle, during the charging session the customer can view the following information on the App:

a) energy supplied (kWh)

b) charging time

c) charging power (kW)

d) indicative estimate of the additional autonomy (in kilometers) deriving from the charging session supplied, calculated as follows: additional autonomy (km) = energy supplied by charging session (kWh)* autonomy of the vehicle battery pre-selected by the Customer (km) / size of the vehicle battery pre-selected by the Customer (kWh). The same measure can also be represented in miles with a conversion factor km/ 1.60934

e) percentage of top-up of the charging session, with respect to the battery size, calculated as follows: percentage of top-up (%) = energy supplied by the charging session (kWh) / battery size (kWh)

11.2 – The Customer accepts that the information referred to art. 11.1, letters a) - e) are marked as informative, therefore the Customer agrees to use the same information in full decision-making autonomy. The above information does not apply to a vehicle and the values shown must not reflect the actual driving results. Except for the limits established by law, Enel X Way Romania assumes no responsibility for the use by the Customer of the information referred to art. 11.1, letters a) - e).

 

Article 12 - Limitation of liability

 

12.1 – Except in cases of fraud or serious fault, Enel X Way Romania S.R.L. is not liable for any damages, direct or indirect, which the Customer or any third party may suffer in any way and which are not directly imputed Enel X Way Romania S.R.L., such as the damages caused by the operation mode, conditions regarding the time interval and / or the provision of the service caused by malfunctions of vehicles, technological equipment, information systems and telecommunications or, in any way, attributable to the supplier of electricity and / or any third party in general.      

12.2 – Also, any liability of Enel X Way Romania S.R.L. is excluded for any breach, in whole or in part, of the obligations due to extrem specific cases such as an event absolutely unpredictable, for example: war, labor disputes, expropriation, power outage, interruption of energy supply, interruption of telephone lines, fire, storm, explosions or other extraordinary cases. The fortuitous case is an event that cannot be foreseen nor prevented by the person who would have been called to respond if the event had not occurred.

 

 

Article 13 - Prohibition of resale or use of the Services for commercial purposes

 

The Customer's right to use the Services to which has subscribed is individual and cannot be transferred to any other person. It is forbidden to resell or use the service for commercial purposes without the written accept of Enel X Way Romania S.R.L.

 

Article 14 - Preprocessing of personal data according to the EU GDPR REGULATION 2016/679

 

In order to use the "Enel X Way JuicePass " service that is the object of this contract, the Customer provides certain personal data whose processing is carried out in accordance with the provisions of EU GDPR REGULATION 2016/679 and of the Policy for processing personal data, with subsequent modifications and completions as well as with the applicable local legislation.

The personal data processed by the Operator are: name, surname, home address, personal or professional email address, CNP, personal or professional telephone number, bank credit/debit card data, CUI/CIF or any other personal data necessary to fulfill the purposes listed below, " Data personal” communicated or necessary for the fulfillment of the purposes listed.

Providing the personal data above is the basic condition to use the Services and and the failure to provide them (partial or inexact) might prevent the services regulated under this agreement are enabled.

The personal data of the Customer are also processed with the help of IT systems, in such a way as to ensure the security and confidentiality, in accordance with the applicable legal provisions in this matter, with the sole purpose of carrying out this contract and for any additional activity that is essential. For the subscription and/ or activation of the Products and Services representing the object of this contract, including any activity necessary for the control of the credit risk, as well as, if the Customers gives his express consent, the processing of the data regarding the physical location of the Customer.

For this purpose, it should be mentioned that the Customer's refusal to allow the processing of personal data for the latter purpose prevents the Customer from using the services under this contract.

Personal data may be communicated to companies belonging to the Enel Group, as well as to third parties that provide services as Independent and / or Responsible Owners and which may become known to persons designated to conduct premium transactions as designated managers in this regard.

Exercise of the rights provided in article 7 of the Legislative Decree no. 196/2003 (such as, in order to obtain the cancellation, the transformation into anonymous form, the blocking of the data processed illegally, including the retention of the data considered unnecessary; the objection, in whole or in part, regarding the processing of personal data intended to transmit advertising materials or for conducting direct sales activities, etc.), is possible at any time by sending the relevant request to the dedicated e-mail address regarding confidentiality.

According to art. 15 - 21 of the GDPR, regarding the Personal Data communicated, you have the right:

a) have access to them and request a copy

b) request their rectification

c) to request their deletion

d) obtain the restriction of data processing

e) to oppose data processing

f) receive the data in a structured format, currently used and readable from an automatic device  

More information, as well as the drafts for exercising the mentioned rights, can be found on our website www.enelx.ro, Legal section.

To exercise the rights and/or withdraw your consent you can adress a written, dated and signed letter:

  • by e-mail dataprotectionenelx.ro@enel.com or:
  • by post for Enel X Way Romania SRL, 3rd district, Bd. Mircea Voda no.30, room 4.11, floor 4, phone +40 372 115 694.

For more information about your Personal Data, you can contact the Responsible for the protection of personal data of the company Enel X Way Romania SRL, which can be contacted at the e-mail address dpoenelx.ro@enel.com.
Please have in mind that the right to complain to the national supervisory authority of the processing of personal data if the processing of personal data violates the provisions of the Regulation.

The data operator is Enel X Way Romania S.R.L. with headquarters in Bucharest, 30 Mircea Voda Bd., Room 4.11, 4th floor, phone +40 372 115 694 - Unique registration code 40645170 - Nr. of order in the Trade Register J40 / 1952 / 15.02.2019 - Total share capital paid 234,450 lei.

 

INFORMATION NOTE ON DATA PROCESSING IN ACCORDANCE WITH COMPLETE REGULATION (EU) 2016/679 ("GDPR") is available on the website www.enelx.ro.

 

Article 15 - Intellectual Property Rights of Enel X Way Romania S.R.L. and third parties

 

The Customer and the unregistered user expressly hereby acknowledge that any intellectual property rights that may be protected under copyright law, including, but not limited to intellectual property, source code, software, hardware, projects, applications, patents, trade secrets, formulas, algorithms, models, databases and others, related to Services, data and other materials of the company Enel X Way or which are made available to the Customer and the user not registered by Enel X Way as a result of the General Conditions, they are and remain the property of Enel X Way and the parties for which the latter is a legitimate licensee. The materials containing vehicle images that can be viewed on the App, of which Enel X Way is the legitimate licensee, are powered by Evoximages.com. It is understood that the respective Customer or unregistered user cannot copy, modify, sell, assign, license, contribute to, transfer to any third party or perform any work derived from any right of Enel X, and / or the subjects of which the same is a legitimate licensee, nor will it allow any third party to to do so through the Customer or his electronic device. The Customer and the unregistered user hereby acknowledge that any content (software, images, graphics, photographs, music, sounds, video images, lyrics, data, etc.) of the advertising correspondence, presented to the Customer through the web mail service or through the web mail service providers , are protected in accordance with the provisions of the corresponding law governing copyright, trademarks, service marks, patents or any other property rights and laws.

 

 

Article 16 - Confidentiality clause

 

16.1 – The parties undertake to treat all information, data and documentation that they became aware of during and/or during the course of contractual relationships, as confidential information and assume responsibility for their confidentiality.

16.2 – The following data, documents and information are exempted from the provisions of art 14.1:

a) those for whose disclosure the prior written agreement of the other Contracting Party has been received

b) those which at the time of their disclosure are of public circulation

c) those requested by the competent bodies of the state, based on a legal obligation to inform;

d) those disclosed to the affiliates for the purpose of implementing the provisions of these General Conditions

16.3 – In case one of the parties breaches the obligation of confidentiality regarding these General Conditions, by disclosing to unauthorized third parties some non-public information, it will be obliged to pay damages to the injured party. 

 

Article 17 - Applicable law

 

This Contract will be governed by the laws of Romania. If any provision of this contract is deemed invalid, void and/or unenforceable under the relevant legal provisions, the other provisions shall be deemed fully in force and valid. In the event of any conflict, the competent court will be the Court of the Customer's jurisdiction. In case the Customer has his residence and domicile outside Romania, the competent courts will be those of the headquarters, Enel X Way Romania S.R.L.

 

Article 18 - Miscellaneous

The present conditions are supplemented by the provisions contained in the Privacy Policy and the instructions of use found in the "Other" section of the application.

By accepting these terms and conditions, the Customer or the unregistered user declares that he has read, understood in full and expressly agrees to the terms and conditions of use of the Service.

 

Last update of this document: 18.03.2022