Complaints

You can request information or submit a written complaint specifying the content of your needs using the Form at the bottom of this page by sending it to the following addresses:

• By post to: AUDAX ENERGIA SRL, Via Candiolo n. 2/4 - 10048 Vinovo (TO)
• By fax to no.: 011/0122660
• By email to: reclami@audaxrenewables.it
• Via PEC to: reclami@pec.audaxenergia.it

Furthermore, you have the possibility to send the written complaint without using the specific form, provided that the communication contains at least the following minimum elements necessary to allow your correct identification and the sending of the written reasoned response:

• name and surname of the Customer;
• the delivery address;
• the postal or electronic address, if different from the supply address to which the response is to be delivered;
• the service to which the written complaint refers (electricity, gas, both):
• contact telephone number;
• reasons for the complaint or information requested.

We recommend that you also indicate the following information:

• the customer code found on your bill;
• the POD (electricity) or PDR (gas) code that you find on your bill.

Once Audax has received the report, it will verify the need you have indicated, updating you on the progress of your application and responding to you within the terms defined by the Regulatory Authority for Energy, Networks and the Environment in the TIQV (art. 15.1, Annex A, Del. 413/2016/R/com and subsequent amendments.) and reported below:

• Maximum time for a reasoned response to written complaints 40 calendar days (standard 2017/2018); 30 calendar days (standard from 2019);
• Maximum time for billing correction 90 calendar days (standard 2017/2018); 60 calendar days 90 calendar days for invoices with a quarterly periodicity (standard from 2019);
• Maximum time for double billing correction 20 calendar days.

Complaints regarding invoicing of anomalous amounts

Complaints for billing of anomalous amounts are understood to mean complaints regarding bills or the sum of bills subsequent to a billing block or relating to the same consumption reference period, if issued less frequently than the billing frequency envisaged for the customer by the sector legislation or by the contract.

For the supply of electricity, complaints about anomalous amounts concern bills whose amount is higher than 150% for customers or 250% for non-domestic customers, of the average charge for bills issued in the last 12 months and which i) are based on measurement data collected or estimated following other bills based on data collected or estimated, or ii) contain recalculations due to previously incorrect readings, due to consumption reconstruction, for other reasons specified by the seller, or iii) contain recalculations of amounts previously invoiced following one of the price components applied (recalculation by virtue of a specific contractual provision, recalculation due to an error in the billing system, recalculation for other reasons specified by the seller, recalculation of previously incorrect self-reading), or iv) are issued after a billing block or v) are issued first after the activation of the supply, if based on measurement data that are higher than 150% for domestic customers or 250% for non-domestic customers with respect to the self-reading communicated by the customer before billing or at the same time as the complaint.

For the supply of natural gas, complaints about anomalous amounts concern bills whose amount is more than double the highest charge invoiced in the bills issued in the last 12 months (except in the case where the difference is attributable exclusively to seasonal variations in consumption) and which i) are based on measurement data collected or estimated, or ii) contain recalculations due to previously incorrect readings, due to consumption reconstruction, for other reasons specified by the seller, or iii) contain recalculations of amounts previously invoiced following one of the price components applied (recalculation by virtue of a specific contractual provision, recalculation due to an error in the billing system, recalculation for other reasons specified by the seller, recalculation of previously incorrect self-reading), or iv) are issued after a billing block or v) are issued first after the activation of the supply, if based on measurement data that are higher than 150% for domestic customers or 250% for domestic customers. non-domestic customers with respect to the self-reading communicated by the customer before billing or at the same time as the complaint.

COMPLAINT FORM

In compliance with ARERA Resolution no. 228/2017/R/com of 6 April 2017 and the Consumer Code, Audax has adopted a Self-regulation protocol voluntary in terms of confirming the contractual intention of end customers and in terms of unsolicited contracts and activations of electricity and/or natural gas supplies, in order to counteract the phenomenon of any unfair commercial practices and activations of unsolicited supplies.
The protocol was born, therefore, from the desire to strengthen Audax's commitment and responsibility towards its customers, guaranteeing them respect for consumer rights.

In particular, in the event that the switch to a new electricity and/or gas supplier occurs without respecting the preventive rules for confirming the contract, after the complaint the customer may voluntarily adhere to the fast recovery procedure to return to the previous supplier. This possibility supports the procedures provided for by the Consumer Code regarding the verification of an unsolicited supply (an assessment which, according to the law, is not the responsibility of the Authority)

The customer can obtain protection by sending us, directly or through a trusted consumer association, a written complaint to the following addresses:

By mail:
AUDAX ENERGY SRL
Via Candiolo n. 2/4 - 10048 Vinovo (TO)

By fax to no.: 011/0122660
By email to complaints@audaxrenewables.it
Via PEC to reclami@pec.audaxenergia.it

Once Audax has received the report, it will verify the need you have indicated, updating you on the progress of your application and providing a response within the terms defined by the Regulatory Authority for Energy, Networks and the Environment (ARERA) in the TIQV (art. 15.1, All. A, Del. 413/2016/R/com and subsequent amendments) and reported below:

• Maximum time for a reasoned response to written complaints: 40 calendar days (standard 2017/2018); 30 calendar days (standard from 2019);

In order to proceed with sending the complaint, you can download the following form:

CNR Complaint Form 

Article 141, paragraph 6, letter c) of Legislative Decree 206/2005 - Consumer Code, as amended by Legislative Decree 130/2015, in execution of the provisions of art. art. 2, paragraph 24, letter b) of Law 481/1995, has conferred on the Regulatory Authority for Energy, Networks and the Environment (ARERA) the power to regulate the procedures for carrying out the out-of-court resolution of disputes. The aforementioned regulation was implemented through the issuing of the Resolution 206/2016/E/com (Integrated Conciliation Text – TICO), which makes it mandatory to attempt an amicable out-of-court resolution of disputes arising between End Customers and Energy Operators, the so-called Conciliation Service, before accessing ordinary justice.

The Conciliation Service is a completely free service that can be activated by the following users:
- electric energy: all domestic customers and non-domestic customers connected to low voltage (LV) and medium voltage (MV);
- gas: all domestic customers and non-domestic customers connected in low pressure (BP);
- dual fuel (joint supply of electricity and gas): it is sufficient to fall into one of the categories indicated above.

A necessary condition for activating the Conciliation Service is that the End Customer has submitted a complaint to the Operator and that the latter either (i) has not provided a response within 40 days of sending the complaint, or (ii) has provided a response that the End Customer himself considers unsatisfactory.

The conciliation procedure can be activated by registering on the online platform. The meetings take place through the use of "virtual rooms" or in call-conference mode.

The End Customer may appear in person or decide to be represented by a delegate belonging to a Consumer Association or Trade Association, through a proxy to conciliate and settle. The Operator, however, is always required to participate with the exception of the Last Resort Supplies (FUI). Furthermore, it is also possible to request the Distributor to be summoned, who in this case is obliged to participate in the procedure.

It is not possible to submit an application for activation of the Conciliation Service procedure in the following cases:
- disputes relating to tax and fiscal profiles;
- disputes subject to SMART Help procedures unless compensation for damages is also requested;
- disputes for which the statute of limitations has expired;
- disputes for which inhibitory actions or class actions or other actions to protect the collective interests of consumers and users promoted by Consumer Associations pursuant to articles 37, 139, 140, 140 bis of the Consumer Code have been activated.

The conciliation procedure must be carried out within 30 days of the submission of the application to the Conciliation Service and no earlier than 10 days after the notice of initiation of the procedure. It is possible to request a postponement within 5 days of the first date set, and within the same deadline the End Customer can decide to withdraw from the procedure itself. In any case, the procedure must be concluded within 90 calendar days of the submission of the conciliation request unless the Conciliation Service itself deems it appropriate to arrange an extension of another 30 days.

The conciliation procedure may lead to the following outcomes:
- agreement: the agreement minutes are to all intents and purposes an enforceable title and therefore have probative value in court in the event of failure to comply with the contents;
- I don't agree: in this case the mandatory conciliation attempt is considered to have been completed and the customer can decide to turn to the judge to resolve the dispute;

If the customer does not show up at the first meeting, the request is archived and the conciliation is not considered to have been carried out, if instead the Operator does not show up, the conciliation is concluded with a report of non-agreement.

ALTERNATIVE DISPUTE RESOLUTION - ADR

The Conciliation Service arranged and regulated by ARERA is just one of the services provided to protect End Customers. In fact, Legislative Decree 130/2015, by implementing European Union Directive no. 2013/11/EU into Italian law, which regulates theAlternative Dispute Resolution – ADR introduced into the Consumer Code (Legislative Decree 206/2005) a title specifically dedicated to the extrajudicial resolution of disputes.

With Resolution 620/2015/E/com, ARERA has drawn up a list of bodies, including the Conciliation Service itself, to which End Customers can turn to resolve disputes arising with their Energy Operator out of court.

Link:
http://www.sportelloperilconsumatore.it/risoluzione-controversie/servizio-conciliazione-gen
https://www.arera.it/it/consumatori/conciliazione.htm
List of ADR bodies – Resolution 620/2015/E/com

MULTIPLE WRITTEN COMPLAINTS (art. 13 Annex A to ARERA Resolution 413/2016/R/com – TIQV)

In the event that multiple end Customers sign a single complaint, without prejudice to the validity of specific response standards and automatic compensation in the event of failure to respond, Audax will provide a single reasoned response to the first signatory Customer, provided that the minimum identifying elements are present in the complaint.

If the multiple complaint is sent by a consumer association, Audax will provide a single response directly to the sending association, without prejudice to compliance with the timeframes established by the sector legislation.

Should a series of complaints be received referring to the same poor service, Audax, pursuant to art. 13, paragraph 13.2 TIQV:

1. is required to provide an individual reasoned written response to each complaint in cases of poor service that has an effect on the reading of the billed consumption and commercial poor service, not attributable to causes of force majeure or the responsibility of third parties with whom Audax itself does not have a specific contractual relationship in place for the supply of goods or services attributable to the supply;
2. has the right to respond by means of the press, as well as, where appropriate, by sending the same communication to the mayors of the municipalities concerned, if the multiple complaints refer to the same poor service, attributable to causes of force majeure or to the responsibility of third parties (with whom it does not have a specific contractual relationship in place for the supply of goods or services attributable to the supply itself - excluding the distribution companies of the customers served), which has generated a number of complaints greater than 0.5% of the customers served by the same seller, counting at most the complaints received within 15 consecutive calendar days; in this case, the response by means of the press (at least in a newspaper with adequate circulation in relation to the extent of the poor service and on its website) must in any case be provided within the maximum time of 30 calendar days from the last of the 15 consecutive calendar days and for the purposes of registration it is considered a single complaint.

If the service disruption is attributable to the distribution activity, Audax will notify the Local Distributor of the need to provide a response through the press. Consequently, the Local Distributor must request the publication of a press release in at least one newspaper with adequate circulation in relation to the extent of the disruption and on its website, as well as directly communicate it to the other sellers affected by the same disruption.