The subject matter of this Contract (“the Contract”) is the supply of natural gas by Fenie Energía S.A. (hereinafter “the Supplier”), an energy trading company on the free market, at the point of supply (CUPS) corresponding to the Customer’s address indicated in the Specific Conditions and in accordance with the terms and conditions reflected therein and in these General Conditions.
This Contract is of a successive and very personal nature and the Customer must be the actual user of the natural gas supplied, who may not use it in any other place than the one for which it was contracted, nor transfer it, sell it or make it available to third parties.
This Contract shall be governed by the provisions contained herein and by the regulations in force at any given time. In the event of any discrepancy between the General Conditions and the Specific Conditions specified in the Contract, the General and Specific Conditions shall prevail in this order.
The signing or acceptance of this Contract implies the authorisation of the Supplier to act, as the Customer’s agent, in relation to the rest of the Distribution Companies and to sign with them the Third Party Network Access Contracts (hereinafter “ATR Contracts”) that are necessary and as many steps as may be necessary for the success of the Contract, being the legal position of the Supplier in the ATR Contract, for all purposes, that of the Customer who undertakes not to terminate the ATR Contract that the Supplier enters into on their behalf with the Distributor Company as long as this Supply Contract remains in force, without prejudice to the provisions of the regulations, as well as to manage the modification or termination of its current supply contract with other suppliers.
In any event, in accordance with the applicable regulations, the Distributor shall maintain all obligations relating to the ATR Contract with the Customer and, in the event of termination of this Contract, the Customer shall be entitled to any security deposit that may exist, as well as any other rights associated with the installation.
3.1.- This Contract will have a duration of one (1) year from the date of commencement of the supply, unless a different duration has been established in the Specific Conditions.
This contract shall remain in force, even in the event that the Customer has requested the non-renewal or cancellation of the Contract, until the time of the change of supplier or cessation of supply and effective withdrawal of the meter, so that the Customer shall be responsible for paying the supply arising from this Contract until such time, applying the price determined in the Specific Conditions and/or any of its extensions.
3.2.- The Contract shall become effective on the date of its acceptance, its effectiveness being conditional to the fulfilment of the following obligations:
iii) When the Customer provides the necessary documentation that may legally be required for the supply of energy.
In the event that access to the distribution network is not granted within two (2) months of the date of signing this document, the Contract shall be subject to the revision, by agreement between the parties, of the economic conditions agreed in the Specific Conditions. Otherwise the contract will be understood as not having been entered into.
3.3.- In the event that the Customer has established in the Specific Conditions a date foreseen for the activation of the supply, in any case this is conditional to or subordinated to the acceptance and connection by the Distributor company, exonerating the Customer from any delay that may occur.
4.1.- The Customer shall pay the Supplier for the supply of energy the price determined in the Specific Conditions.
4.2.- The price shall remain unchanged during each period of the Contract, except for regulatory changes and the modification or creation of any taxes that may accrue as a result of the supply, which shall be charged as established by law. Consequently, any variations in the price with respect to the reference values indicated in the Specific Conditions will be automatically transferred to the prices as soon as they become effective, without this being considered as a modification of the contractual conditions under the terms of this clause and of General Condition 9.
4.3.- The access charges, levies, supply connection fees, network connection, verification, rental of metering equipment, guarantee deposit and other regulated values/amounts which, in accordance with the applicable regulations, must be collected by the Distributor Company, shall be borne by the Customer and charged on the invoice. The variations that these components may undergo with respect to the reference values indicated in the Specific Conditions will be automatically transferred to the prices as soon as they become effective, without this being considered as a modification of the contractual conditions in the terms of this clause and in General Clause 9.
In particular, in the event that there are levies on Common Receiving Facilities (CRI) or other levies, the amounts invoiced by the Distributor Company to the Supplier for this purpose in relation to the Customer’s Point of Supply shall be charged to the Customer.
4.4.- Likewise, the Supplier will pass on to the Customer any amount claimed by the Distributor Company due to rebilling of consumption or that is the result of inspection reports in relation to the Customer’s point of supply.
4.5.- If for any reason there is a change in the access tariff group assigned by the Distributor Company to the Customer’s Point of Supply, the Supplier shall apply to the Contract the prices applicable to that access tariff group.
5.1.- The Contract will be automatically extended for successive annual periods, unless prior notice is given by either party at least one (1) month prior to the expiry date of the Contract or any of its extensions.
5.2.- In the event that the Supplier has notified the Customer, at least one (1) month prior to the date of termination of the Contract or any of its extensions, of new economic conditions for the following period of validity and the Customer notifies the Supplier at least ten (10) calendar days in advance of their opposition to such conditions, the provisions of General Condition 3.1 shall apply. Otherwise, the new economic conditions will be understood to be accepted by the Customer and will be applicable for the following period of the Contract.
5.3.- Notwithstanding the foregoing, in any event, the extension of this Contract shall be conditional upon verification of the Customer’s solvency. As a result of this solvency check, or in the event that during the previous period of validity of the Contract there has been any situation of non-payment or delay in the fulfilment of the Customer’s financial obligations, the renewal of the Contract may be conditional to the presentation by the Customer of a sufficient guarantee of payment in the form of a deposit or bank guarantee, different from the guarantee of payment established in the Specific Conditions and according to the model provided in accordance with the circumstances for each specific case.
In the event that the guarantee of payment is not made within the period expressly indicated from the time it is requested, this Contract shall be terminated on the date of its expiry without any obligation of compensation.
5.4.- The return of the payment guarantee, whether established in the Specific Conditions or on upon renewal, will be made upon the termination of this Supply Contract, and the Supplier may apply the corresponding part of the payment guarantee to the balance of the outstanding amounts. Likewise, the Supplier reserves the right to retain the same for the amount of all those charges not satisfied, as well as the charges resulting from any other breach by the Customer.
6.1.- For the purposes of the provisions of this Contract, a Supply Point is understood to be the connection or delivery point located at the Customer’s premises where the consumption of the natural gas supplied by the Supplier is measured.
6.2.- The Customer declares that they are in possession of a legal title to the Point of Supply, and that they are the actual user of the energy supplied. In this way, the Customer undertakes to notify the Supplier of any changes which may occur and which may affect this Contract.
6.3.- The quality of the supply shall be that defined by regulation at all times and especially in articles 63 to 65 of Royal Decree 1434/2002, or in the regulations that replace it, and in any case the Distributor company in the area where the supply point is located shall be responsible for both the quality of the supply and its availability, in accordance with current legislation, and the Distributor undertakes to transfer the bonuses, discounts and/or compensation that the Distributor may apply for any incidents in its network for this purpose.
7.1.- The connection of the installations and metering equipment shall be made by the Distributor Company under the conditions and within the periods established by regulation.
7.2.- In accordance with the regulations currently in force, the Customer must have at their disposal at the Point of Supply, during the term of this Contract, metering equipment suitable for the volume of energy supplied (“Metering Equipment”) that complies with the legally established technical requirements, being responsible for its safekeeping and for the fulfilment of the other obligations established by the legislation in force. The Metering Equipment may be owned or leased by the Customer, and the Distributor shall be responsible for the periodic verification and inspection of the equipment, as well as for all obligations imposed by the regulations.
7.3.- The Customer must guarantee physical access to the equipment to the Distributor and, where applicable, to the Supplier and to its duly accredited employees or contractors, so that they can carry out the appropriate work that is generally necessary for the efficient provision of the service that is the subject of this Contract and in compliance with the regulations in force.
7.4.- The Customer undertakes not to manipulate any of the components of the installation, and especially the Metering Equipment, in any case exonerating the Supplier from any eventuality that may arise from the non-fulfilment of this obligation, and without prejudice to the responsibilities that may be legally required of it for such manipulation.
7.5.- In the event that the installed Metering Equipment are leased, the prices to be billed for them shall be those established in the regulations in force at any time, which shall be billed by the Distributor Company to the Supplier and shall be charged to the Customer.
8.1 The Supplier shall bill the Customer for the amount payable under this Contract on the basis of the readings received by the Distributor company, and in accordance with the form and frequency established by current legislation.
In the event that the consumption readings are not available, the Customer expressly authorises the Supplier to generate a bill on the basis of an estimated consumption according to the best historical data and/or available data, which will be subsequently corrected according to the actual or definitive consumption provided by the Distributor, as the entity responsible for the reading.
8.2.- Unless a different payment period has been provided for in the Specific Conditions, ten (10) ‘Credit days’ (10 days constituting a payment period) are established as from the date of issue of the bill by the Supplier.
The Customer, in the Specific Conditions of the Contract, may choose to contract the payment method on a “fixed date”, indicating the day on which they wish to be charged for the bills issued. It is possible to choose any day between the 1st and 28th of the month. However, only bills that have been issued at least 10 days before the fixed date will be charged on a fixed date. Otherwise, the bill will be charged on the fixed date of the corresponding month.
The customer may choose to contract the “Fixed daily fee” option. The Supplier shall propose the daily fee calculated on the basis of the historical or available consumption of the supply and apportioned over 11 months, adjusting the difference between the estimated and actual consumption, which shall be debited or credited, as appropriate, to the Customer’s direct debit account. Bills will be issued according to the reading cycle provided by the Distributor. In the bill, the daily fee will be multiplied by the number of reading days corresponding to that bill. The Supplier may recalculate the amount of the daily fee when any of the causes of modification of the economic conditions set forth in these General Conditions are met, or when a significant deviation from the actual consumption in relation to the expected consumption becomes evident.
However, the Customer may at any time choose another method of payment different from that agreed in the Specific Conditions in the event that it is expressly established, when it is imposed by current legislation, or when it is communicated by the Supplier, always in accordance with the provisions of General Condition 9 of the Contract (“Modification of the Contract Conditions”).
The Customer guarantees that they are the holder, or has the proper authorisation from the holder, of the bank account whose details they have provided to the Distributor in the Specific Conditions. The Customer authorises the Supplier to make the payment in the form of a direct debit to the account designated in the Specific Conditions, or to send instructions to the corresponding bank to debit the bills and make the corresponding debits. In any case, the Customer is the holder of the Contract for all purposes and therefore has the status of debtor to the Supplier in the event of delay or non-payment of invoices.
8.3.- In the event of total or partial non-payment of bills within the established period for reasons not attributable to the Supplier:
In any case, the Customer undertakes to match the payments made after the deadline with the outstanding bills, and payment of the billed amount cannot be considered until the accrued interest is covered. Failing this, the Supplier shall charge the payment to cover the oldest charges and, if the Customer has contracted other supplies and/or services from the Supplier, it may charge the payments to the oldest due bills of any supply or service provided by the Supplier, without any liability for the Supplier arising from the Customer’s failure to comply.
Likewise, the Customer is expressly informed that, if the payment is not made on time and provided that all the requirements established in articles 38 and following of Royal Decree 1720/2007, of 21 December, or the regulations that develop, modify or replace it are met, the data relating to non-payment may be stored by the Supplier in a file of compliance or non-compliance with monetary obligations.
8.4.- Electronic billing: in accordance with the provisions of article 63 of the revised text of the Consumer Protection Act and other complementary laws, modified by Law 3/2014, the Supplier grants the Customer the option of receiving the bill either by electronic (email) or physical (ordinary mail) delivery. In the event that the Customer expressly authorises the Supplier to issue the bill by electronic means, it shall be sent to the e-mail address provided by the Customer in the Specific Conditions of this Contract.
The express consent for the sending of bills by electronic means shall remain valid as long as it is not expressly revoked by the Customer.
9.1.- The modification of the Conditions of this Contract, unless it is a consequence of legal or regulatory provisions, will be made known to the Customer at least 15 days prior to its effective, informing them of their right to terminate the contract without penalty if they do not agree with such modification. Unless otherwise stated, the Customer shall be deemed to have accepted the modifications.
9.2.When, after the date of this Contract, legal or regulatory provisions of an administrative, commercial or tax nature are approved, promulgated, ratified or modified, or the judicial or administrative interpretation of said provisions or of those already existing at the date of the Contract is modified, by virtue of which the Supplier suffers an increase in cost or an alteration in the conditions of supply directly related to the fulfilment of its obligations, the Supplier may increase the price proportionally, after prior notice to the Customer, so as to restore the economic balance of the supply to which the Supplier is obliged.
9.3.- The Customer may, at any time during the duration of the contractual relationship, request the Supplier to modify the services initially contracted by sending a new application form, duly filled in and signed, either electronically or physically, or by accepting the conditions of contract for the service by electronic means, indicating the new services requested or the services for which they wish to cancel.
The Customer and the Supplier shall not be liable for any breach of the Supply Contract in cases of force majeure and, in particular, if the Supplier is unable to purchase or deliver the gas the Customer for reasons not attributable to the Customer, or for direct or indirect intervention by third parties outwith this Contract.
11.1 Except in cases of wilful misconduct and cases expressly provided for in other provisions of this Contract, neither of the Parties shall be liable to the other for indirect damages or loss of earnings arising from the breach of this Contract or for indirect damages or loss of earnings caused to third parties and for which that party is liable. Under no circumstances shall the Supplier be liable for damages caused to the Customer or third parties by reason of the actions or omissions of the Customer or third parties not directly attributable to the Supplier, and in particular in the event of power cuts resulting from actions or omissions attributable to the Distributor.
11.2.- The Customer shall be solely responsible for correcting any anomaly identified and, in general, for maintaining their installations, which involves the responsibility of carrying out any legally required maintenance.
12.1.- In the event of delay or non-payment by the Customer of any overdue bill and, without prejudice to the provisions of General Condition 14, the Supplier may request the Distributor company to cancel, suspend or cut off the supply in accordance with current legislation if, after the payment period has expired and following a request from the Supplier, payment of the overdue debt has not been made.
The exercise by the Supplier of the right to suspend supply shall not relieve the Customer of the obligation to pay the sums due in accordance with the provisions of the Contract.
In such cases, the reinstatement of the supply shall not take place until the Customer has made all the payments due, together with any default interest due, any compensation due and any other amounts arising from the Contract and any costs incurred as a result of the suspension and eventual reinstatement of the supply.
12.2.- Likewise, the supply may be suspended:
13.1.- Each party undertakes to notify the other party at least fifteen (15) days in advance of any voluntary application for insolvency proceedings, admitting that failure to comply with this commitment is sufficient cause for termination of the contract.
13.2.- Without prejudice to the foregoing, the parties undertake to declare the necessary notice of Insolvency as soon as they are aware of it, and in any event, within a period of no more than three (3) days from that moment. Failure to comply with this notifying obligation shall in itself give rise to termination of the contract.
13.3.- Likewise, once the insolvency situation of the Customer has been declared, the parties expressly agree that the Supplier may proceed to collect the payment prior to the period established in General Condition 8.
13.4.- Similarly, the parties expressly agree that any invoice issued after the date of the judicial notice of Insolvency will be considered a credit against the debtor’s estate, being obliged to pay it when due, in accordance with the current Law 22/2003, Bankruptcy Law, or the regulation that replaces it.
13.5.- The parties expressly acknowledge that the nature of this contract is of a successive nature, and therefore, in accordance with the provisions of the aforementioned Bankruptcy Law or the regulations that replace it, in the event of breach of contract, the party in breach of contract may request, by means of a notice of insolvency, the termination of the contract, even if the breach had been made prior to the declaration of the Insolvency Proceedings. In this case, the defaulting party undertakes to comply with the request for resolutory action from the party instigating the insolvency proceedings. Notwithstanding the foregoing, in the event that the fulfilment of the contract is declared obligatory according to the interests of the Insolvency, the party declared Insolvent accepts that all the services due, both before and after the notice of the Insolvency, will be charged from the assets available for /liquidation and paid immediately.
The following are grounds for termination of this Contract:
1.- Mutual agreement between the parties.
2.- In the event of impossibility of obtaining access to the distribution network under the terms established in General Condition 3.
3.- Due to the expiration of the initial period or any of its extensions, if the Parties have expressed their willingness not to renew it in accordance with the provisions of the General Conditions 3 and 5.
4.- In the cases of legal impossibility or for reasons attributable to the Customer in processing the suspension of supply.
5.- The modification of the conditions of the Contract by the Supplier in the terms established in General Conditions 5 and 9.
6.- The express communication by the Customer within fourteen (14) calendar days from the signing of this Contract, in accordance with the provisions of General Condition 21.
7.- Failure by the Customer to notify the Supplier of the insolvency situation or declaration of insolvency, in accordance with the provisions of General Condition 13.
8.- For the exercise by any of the Parties of the right to terminate due to the breach of any obligation arising from the Contract. In the event of termination of the Contract for non-payment, the Customer shall be obliged to pay the Supplier the amounts due together with the default interest agreed and those legally established, where applicable, the corresponding compensation and any other amounts derived from the Contract.
15.1.- The Customer may transfer their contract when they are aware of the amounts billed by submitting a written request for a change of ownership with the signature of the new owner. The transfer will be subject to the acceptance of the Supplier, who will negotiate with the Distributor the adjustment of the ATR Contract, to whose validity the transfer will be conditional.
15.2 The Supplier may transfer all or part of the Contract and the rights and obligations arising from it to any subsidiary, related or successive entity that may provide the services covered by this Contract in the future, and is obliged to notify the Customer accordingly.
16.1 – This Supply Contract shall be governed by the provisions contained in it and by the regulations in force at any given time, especially by the provisions of the legislation of the Energy Industry.
16.2.- In the event that one or more provisions contained in this Contract are considered null, invalid or unenforceable, the validity and enforceability of the remaining provisions of this Contract shall not be affected or impaired in any way.
16.3.- In the event of any discrepancy or controversy arising from the interpretation, application or execution of this Contract, the Supplier, expressly waiving any other jurisdiction that may correspond to it, shall submit to the jurisdiction of the Courts and Tribunals of the place where the supply is made.
17.1. In the case of contracting a service electronically or via telephone, the Customer is informed and declares to be aware of the Specific and General Conditions of the Service for the fulfilment of the Contract.
In compliance with the provisions of current legislation (Law 34/2002 on Information Society Services and E-Commerce and RDL 1/2007), both the Supplier and the Customer agree to give full legal validity to the consent expressed through the keys and/or security codes provided in the terms that have been indicated for use, so as to allow personal identification.
17.2. In the case of signing up electronically or via telephone to the Services indicated in the Specific Conditions, when the Customer has contacted the Supplier directly, and the Supplier has recorded or registered them in a format of similar characteristics, the present Conditions – Specific, General Conditions and Appendices – which make up the Contract and which are submitted shall be considered as documentary confirmation of the consent previously granted in accordance with the provisions of RDL 1/2007. For these purposes, this Contract shall be deemed to have been executed as soon as the consent is recorded or registered without the need for it to be validated with the Customer’s signature and/or the return of a copy of the aforementioned documents. All this without prejudice to the right of withdrawal of the Customer.
17.3.- If the Supplier has contacted the Customer directly, the latter will only be bound once they have accepted the offer by signing it or by sending their written agreement (paper, e-mail, fax or SMS). All this without prejudice to the right of withdrawal of the Customer.
18.1. In the event that, due to the completion, execution and/or fulfilment of this contract, any communication or notification of any circumstances between the Parties is required (including those related to payment management), the Parties agree that those made through the energy supply bill, by ordinary or electronic mail, by telephone or telematic means (including SMS and/or identification codes and other security elements that may be provided by the Supplier) shall be fully valid. For this purpose, notifications or communications from the Supplier shall be made to the address, telephone number and/or e-mail address provided by the Customer in the Specific Conditions. The Customer may contact the address, telephone number and/or e-mail address established in General Condition 20. If either Party changes its postal or e-mail address or telephone number during the term of this Contract, it shall be obliged to notify the other Party of such change in order to update it, and the party in breach shall be liable for any legal consequences arising from such breach.
18.2.- In the event that the Customer has registered on the Virtual Customer Portal that the Supplier makes available, the Parties agree to give legal effect and full validity to the notifications or communications made through this platform.
For the purposes of the provisions of current legislation on the processing of personal data, the Supplier undertakes to comply with its duty to maintain the confidentiality of personal data and will adopt the measures legally provided for and necessary to prevent their alteration, loss, processing or unauthorised access, taking into account at all times the applicable technology.
The Customer is informed of all matters relating to the processing of their personal data, which they have voluntarily provided to the Supplier, by signing the Appendix attached to this Contract.
There is a service to handle claims, complaints, requests for information or communications of any incident in relation to the contracted service, which the Customer may use either through its installation agent or through the following channels of Fenie Energía:
– www.fenieenergia.es. It can be sent via a form on the website.
– Email address: email@example.com
Claims Hotline, available 24 hours a day, 365 days a year: 900 21 54 70.
– Fax: 91 631 33 15
By letter addressed to the Claims Department, C/Jacinto Benavente 2B Planta Baja (Tripark Business Center), 28232, Las Rozas de Madrid.
All claims received are recorded in our computer systems and the Customer may request information on the status of the claim through any of the channels indicated.
FENIE ENERGIA, S.A., undertakes to reply to any claim within a period of no more than one month from the date of submission of the claim. The purpose of this reply is to inform the Customer of the actions taken or to be taken to resolve the incident which is the subject of the claim. The answer does not necessarily imply the solution of the incident, since in many cases it may require actions in which the time exceeds the time set for the answer.
21.1.- The right to withdrawal: As a consumer for the purposes of RDL 1/2007 or the regulation replacing it, you have the right to withdraw from this contract within fourteen (14) calendar days from the date of signing this contract, without the need for justification. To exercise this right, you must notify Fenie Energía, at the address below, of your decision to withdraw from the contract by means of an unambiguous statement. You can use the model withdrawal form on the following page, although it is not compulsory to do so. In order to comply with the withdrawal period, it is sufficient that the notice of exercise of this right be sent before the expiry of the withdrawal period.
21.2.- Consequences of withdrawal: If you have requested that the supply of gas commence during the withdrawal period, you will pay us an amount proportionate to the part of the service already provided at the time you have informed us of your withdrawal, in relation to the total subject matter of the contract.
In accordance with the provisions of Royal Decree 1085/2015, the Supplier informs the Customer that it may obtain information on energy efficiency measures from the following bodies:
– The National Commission on Markets and Competition (CNMC): Alcalá, 47. 28014 Madrid. Website www.cnmc.es.
– Institute for Diversification and Energy Saving (IDAE): C/Madera, 8. 28004 Madrid. Website www.idae.es.
– Competent body of its Autonomous Community.
The Customer declares that they are not in a situation of energy poverty, vulnerability and/or risk of social exclusion.
Otherwise, the Customer undertakes and is solely responsible for obtaining from the competent authorities the necessary documentation to prove this situation, as well as for providing and informing the Supplier, exempting the latter from any liability in the event of non-compliance.
23.1 The Customer, by signing this Contract, expressly consents that the Supplier may send commercial information by any means, including electronic, computer and/or conventional means, on the products and services marketed by the Group and its subsidiaries or third parties.
23.2.- Likewise, the Customer expressly consents that the Supplier may reproduce, use and/or disseminate their name and/or image in any advertising and/or promotional activity as a case of energy success, granting a worldwide and free license, all of this in any medium (including, but not limited to, exploitation through the internet, internet for mobile telephones or social networks), and without such activities conferring any right of remuneration or benefit whatsoever. Notwithstanding, the Supplier shall first contact the Customer.
23.3- The Supplier informs the Customer that, at any time, the Customer may revoke their consent to the sending of commercial communications or the transfer of data by written communication to Feníe Energía, S.A., domiciled for the purposes of communications at Calle Jacinto Benavente 2B Planta Baja (Tripark Business Center), 28232, Las Rozas de Madrid or by e-mail to the address: firstname.lastname@example.org attaching a photocopy of their National Identity Card, passport or any other identifying document, and with sufficient powers to represent the concerned party.