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: complaint@audaxrenewables.it
• Via PEC to: complaints@pec.audaxenergia.it

Furthermore, you have the possibility to send the written complaint without using the specific form, as long as 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 supply address;
• the postal or electronic address, if different from the supply address to which the response should be delivered;
• the service to which the written complaint refers (electricity, gas, both):
• contact telephone;
• reasons for the complaint or information requested.

We recommend that you also include the following information:

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

Once the report has been received, Audax will verify the need indicated by you, updating you on the progress of your case and replying to you within the deadlines 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 reasoned response time to written complaints 40 calendar days (2017/2018 standard); 30 calendar days (standard from 2019);
• Maximum billing adjustment time 90 calendar days (standard 2017/2018); 60 calendar days 90 calendar days for invoices with quarterly periodicity (standard from 2019);
• Maximum double billing rectification time 20 calendar days.

Complaints relating to the billing of anomalous amounts

Complaints for billing of anomalous amounts mean complaints regarding bills or the sum of bills following a billing block or relating to the same consumption reference period, if issued with a frequency lower than the billing frequency established for the customer by the legislation sector or contract.

For the supply of electricity, complaints for anomalous amounts concern bills whose amount is higher than the 150% for customers or the 250% for non-domestic customers, the average charge of bills issued in the last 12 months and which i) are based on measured or estimated data that follow other bills based on measured or estimated data, or ii) contain recalculations for previously incorrect readings, for reconstruction of consumption, 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 rule, recalculation due to an error in the invoicing system, recalculation for other reasons specified by the seller, recalculation of a previously incorrect self-reading), or iv) are issued subsequently to a billing block or ov) are issued first after the activation of the supply, if based on measurement data that is higher than the 150% for domestic customers or the 250% for non-domestic customers compared to the self-reading communicated by the customer before the invoicing or at the same time as the complaint.

For the supply of natural gas, complaints for anomalous amounts concern bills whose amount is more than double the highest charge invoiced in bills issued in the last 12 months (unless the difference is attributable exclusively to the seasonal variation of consumption) and that i) are based on measurement data detected or estimated, or ii) contain recalculations for previously incorrect readings, for reconstruction of consumption, 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 rule, recalculation due to an error in the billing system, recalculation for other reasons specified by the seller, recalculation of a previously incorrect self-reading), or iv) are issued after a billing block or ov) are issued first after activation of the supply, if based on measurement data that is higher than the 150% for domestic customers or the 250% for non-domestic customers compared to the self-reading communicated by the customer before invoicing or at the same time as the complaint .

COMPLAINT FORM

In compliance with ARERA Resolution n.228/2017/R/com of 6 April 2017 and the Consumer Code Audax has adopted a Self-regulation protocol voluntary in the field of confirmation of the negotiating willingness of end customers and in the field of contracts and unsolicited activations of electricity and/or natural gas supplies, in order to counteract the phenomenon of possible unfair commercial practices and activations of unsolicited supplies .
The protocol was born, therefore, from the desire to strengthen Audax's commitment and responsibility towards customers, guaranteeing them respect for consumer rights.

In particular, in the event that the transition to a new electricity and/or gas supplier occurs without respecting the preventive rules for confirming the contract, after the complaint the customer will be able to voluntarily adhere to the quick restoration procedure to return to previous supplier. This possibility supports the procedures established by the Consumer Code regarding the verification of an unsolicited supply (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 ENERGIA SRL
Via Candiolo n. 2/4 - 10048 Vinovo (TO)

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

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

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

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

CNR Complaint Form 

The art. 141 paragraph 6, letter. c) of Legislative Decree 206/2005 - Consumer Code, as amended by Legislative Decree 130/2015, in implementation of the provisions of the art. art. 2 paragraph 24 letter. b) Law 481/1995, gave the Regulatory Authority for Energy, Networks and the Environment (ARERA) the power to regulate the methods of carrying out the extrajudicial resolution of disputes. The aforementioned regulation was put in place through the issuing of the Resolution 206/2016/E/com (Integrated Conciliation Text – TICO), with which it is mandatory to make an amicable attempt at out-of-court resolution of disputes arising between Final Customers and Energy Operators, so-called Conciliation Servicebefore 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 in low voltage (LV) and medium voltage (MV);
- gas: all domestic customers and non-domestic customers connected in low pressure (LP);
- 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 an answer, deemed unsatisfactory by the End Customer itself.

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 Final Customer can appear in person or decide to be represented by a delegate belonging to a Consumer Association or Trade Association, by means of delegation to conciliate and reach a compromise. The Operator, however, is always required to participate with the exception of Supplies of Last Resort (FUI). Furthermore, it is also possible to request a summons from the Distributor, 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 aspects;
- 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 injunction actions or class actions or other actions have been activated 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.

The conciliation procedure must take place within 30 days of submitting the application to the Conciliation Service and no earlier than 10 days from the notice of start of the procedure. It is possible to request a postponement within 5 days of the first set date, and within the same period the Final Customer can decide to withdraw from the procedure itself. In any case, the procedure must be concluded within 90 calendar days from the submission of the conciliation request unless the Conciliation Service itself deems it appropriate to provide an extension of another 30 days.

The conciliation procedure can give rise to the following outcomes:
- agreement: the agreement report is to all intents and purposes an enforceable title and therefore has 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 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 application is archived and the conciliation is not considered carried out, but if the Operator does not show up, the conciliation is terminated 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. Legislative Decree 130/2015, in fact, transposing European Union directive no. into Italian law. 2013/11/EU 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 Del. 620/2015/E/com, ARERA has established the 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.

Links:
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 the 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 following are present in the complaint: the minimum identifying elements.

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 deadlines established by sector regulations.

Should a series of complaints be received referring to the same disservice, 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 disservices that affect the reading of invoiced consumption and commercial disservices, not attributable to causes of force majeure or the responsibility of third parties with which Audax itself does not have a specific agreement in progress. contractual relationship for the supply of goods or services attributable to the supply;
2. has the right to respond through the press, as well as where appropriate by sending the same communication to the mayors of the municipalities involved, if the multiple complaints refer to the same disservice, attributable to causes of force majeure or the responsibility of third parties (with which it has no during a specific contractual relationship 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 seller himself, counting the complaints at most received within 15 consecutive calendar days; in this case, the response in the press (at least in a newspaper with adequate circulation in relation to the extent of the disruption 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 registration purposes, a single complaint is considered.

If the disservice is attributable to the distribution activity, Audax will notify the local distributor of the need to provide the response in the press. Consequently, the Local Distributor will have to request the publication of a press release in at least one newspaper with adequate circulation in relation to the extent of the outage and on its website, as well as communicating directly to the other sellers affected by the same outage.