Terms of sale

1. INTRODUCTORY PROVISIONS

Based on the provisions of the applicable Gas Market Act (hereinafter referred to as: the Act) and the applicable General Terms and Conditions of Gas Supply (hereinafter referred to as: the General Terms and Conditions), Plinara d.o.o. Pula, Industrijska 17, VAT ID: 18436964560, Company Registration Number 040131181, as the Supplier under public service obligation (hereinafter referred to as: the Supplier), publishes the General Contractual Terms and Conditions of Gas Supply (hereinafter referred to as: the Terms and Conditions) for Customers in the household category using gas supply under public service obligation (hereinafter referred to as: the Customer). These Terms and Conditions are an integral part of the Gas Supply Contract under obligatory public service (hereinafter referred to as: the Contract). These Terms and Conditions govern the mutual contractual relationship between the Supplier and the Customer, the conditions for concluding the Contract and the content thereof, the obligations and responsibilities of the Supplier and the Customer, changes to the contractual terms, termination and cancellation of the Contract, changes on the Customer's side, conditions for billing and payment for gas delivered, non-fulfilment of obligations for gas delivered, suspension of gas supply and resumption of gas supply, customer protection measures, change of gas Supplier, resolution of customer complaints, quality of gas supply, and protection of customers' personal data.

2. GAS SUPPLY CONTRACT UNDER PUBLIC SERVICE OBLIGATION

The Contract is concluded between the Supplier and the Customer using gas supply under public service obligation. If the Customer is not also the owner of the building or independent building unit for which the Gas Supply Contract is concluded, the Contract can only be concluded with the owner's consent. The Customer using gas supply under public service obligation may conclude the Contract for a specific billing metering point only with one supplier. The price of gas in the Contract equals the amounts of tariff items determined based on the methodology for determining tariff items for public gas supply. The price of non-standard services in the Contract equals the prices determined based on the methodology for establishing prices for non-standard services for public gas supply. The Supplier is obliged to publish the standard Gas Supply Contract on its website. By concluding the Contract, the Contracting Parties are obliged to fully accept the provisions of the General Terms and Conditions, the provisions of these Terms and Conditions, the Gas Market Act, the Network Rules of the gas distribution system, the Network Rules of the transport system, the Methodology for determining tariff items for gas distribution, the Methodology for determining tariff items for gas transport, the Rules on the gas market organization, and the Decision on tariff items for gas distribution and the price list for non-standard services offered by the Supplier. The Gas Supply Contract under public service obligation is concluded for an indefinite period. To conclude the Contract, the Customer is obliged to provide the Supplier with the following personal data: name, surname, address, PERS. ID. NO., and contact details. The Supplier is obliged to inform the Customer of all conditions for concluding the Contract prior to signing it.

3. AMENDMENTS TO THE CONTRACTUAL TERMS

The Supplier is obliged to notify the Customer of any changes to the terms of the Contract, except in the case of changes to the part of the price which is regulated, at least 30 days prior to the commencement of their application. The Supplier will notify the Customer of the changes in writing. The Customer has the right to terminate the Contract within 14 days of receiving the written notice if the new terms are less favourable than the conditions under which the Contract was concluded.

4. TERMINATION OF THE GAS SUPPLY CONTRACT

The gas supply Contract terminates in the event of death of a natural person, cessation of a legal entity, termination of the gas supply contract, or the occurrence of other circumstances for termination of the Contract. The Supplier is obliged to notify the gas system operator or the organizer of the closed distribution system immediately upon becoming aware of the termination of the Contract and to request the suspension of gas supply, and the gas system operator is obliged to suspend gas supply to the Customer at the Supplier's request.

5. CHANGES ON THE CUSTOMER’S SIDE

The Customer is obliged to notify the Supplier of a change in ownership of the building or independent building unit within 30 days, presenting the relevant document of the change of ownership, and to provide the Supplier with the reading of the gas meter determined by the former and new owner of the building or independent building unit. The Customer may temporarily transfer their Contract to a third party with the Supplier's consent. The Supplier may grant consent for such a transfer upon fulfilment of the conditions specified in the General Terms and Conditions. In the event of death of a natural person or cessation of a legal entity, the individual or legal successor who is in possession of the building or independent building unit is obliged to inform the Supplier of the death of natural person or cessation of the legal entity within 60 days from the date of death or cessation. The Supplier may exceptionally continue the gas supply to the individual or legal entity in possession of the building or independent building unit until they are informed of the new owner, provided all financial obligations are settled.

6. BILLING AND PAYMENT FOR GAS DELIVERED

The Supplier calculates the delivered gas based on the consumption in the billing period, based on the price of gas, fees, and other payments prescribed by special regulations, and issues the invoice to the end customer. The gas system operator and the organizer of the closed distribution system determine the gas consumption data based on readings, estimates of consumption according to the relevant previous billing period's consumption, or according to the data received from the Customer. The Supplier has the right to estimate gas consumption for the billing period based on historical consumption only if the gas system operator or the organizer of the closed distribution system does not provide consumption data by the 20th of the following month for Customers using public gas supply services. The invoice for gas delivered is issued at the end of a three-month billing period. The Supplier under public service obligations must issue the invoice for gas delivered to the Customer by the last day of the billing period within seven days of receiving the gas consumption data, with a payment deadline of at least ten days from the date of issuing the invoice. The Supplier under public service obligation is obliged to appropriately publicly disclose the conditions of billing and payment for delivered gas regarding the part of the gas price which is regulated, that is, the amount of variable tariff items and prices of non-standard services, at least seven days before their coming into effect.

7.    NON-PAYMENT OF OBLIGATIONS FOR DELIVERED GAS, SUSPENSION AND RESUMPTION OF GAS SUPPLY

For a Customer who does not pay the due financial obligation for supplied gas, the Supplier will send a written overdue invoice reminder calling for the fulfilment of the obligation within a period of at least ten days. If the Customer does not settle the due financial obligation for the supplied gas within the period stated in the reminder, the Supplier has the right to deliver a written notice of gas supply suspension which states the final deadline for settling overdue financial obligations for delivered gas of at least three days. If the Customer does not settle the due financial obligations for delivered gas even after the final deadline stated in the notice of supply suspension, the Supplier has the right to suspend the gas supply. If the Customer settles the due financial obligations from the reminder and the associated costs of suspension and resumption of gas supply after the suspension, the Supplier is obliged to ensure the resumption of gas supply within one working day from the date of the payment of obligations. The Supplier has the right to suspend gas supply to the Customer in case of unauthorized consumption and when the Customer fails to meet the obligations arising from the Contract, these Terms and Conditions, and regulations governing the gas market.

8. CUSTOMER PROTECTION MEASURES

A Customer dissatisfied with the actions or omissions of the Supplier, to which gas supply system the Customer is connected, may file a written complaint against the Supplier's actions as long as the actions or omissions continue. The Supplier is obliged to decide on the complaint within 15 days, in accordance with the provisions of the Gas Market Act, without charging a fee, and to deliver the decision to the Customer in writing. If, following the Supplier's decision regarding the complaint, the Customer still believes their rights or legal interests have been violated by the actions of the Supplier in question, the Customer may file a grievance with the Croatian Energy Regulatory Agency (HERA) for the protection of their rights, as long as the Supplier's actions or omissions continue.

9. CHANGE OF GAS SUPPLIER

The Customer has the right to change their gas Supplier without incurring fees for the related costs of the process of changing suppliers. The request for a change of Supplier is submitted by the Customer to the new supplier, based on which the new supplier initiates the process of changing the supplier in the information system of the gas market operator. In the specified request, the Customer must read and enter the gas meter reading. The Customer is required to settle all due financial obligations for delivered gas with the previous Supplier before initiating the supplier change process. The Customer has the right to withdraw the submitted request for the change of Supplier during the supplier change process, and the request for withdrawal must be submitted to the new supplier. The household category Customer has the right to unilaterally terminate the new gas supply contract, free of charge, within 14 days from the date of signing the new contract, and the termination request is submitted to the new Supplier. The Customer under public service obligation has the right to switch to market gas supply at any time. The Supplier is obliged, upon written request from the Customer, to facilitate the return to the public service gas supply.

10.     QUALITY OF GAS SUPPLY

The quality of gas supply implies the reliability of delivery, quality of service, and quality of gas. Reliability of delivery includes the technical requirements for the quality of gas supply, which must be followed by the Supplier to ensure reliable and uninterrupted gas delivery to the system user or Customer. The quality of service includes the commercial requirements for the quality of gas supply, which, if adhered to by the Supplier, ensures a satisfactory level of service provided to the system user or Customer. The quality of gas includes the technical requirements for the quality of gas supply, which must be followed by the Supplier to ensure compliance of the gas quality parameters with the standard gas quality prescribed in Table 3 of Appendix 2 of the General Terms and Conditions. The Customer has the right to a level of gas supply quality prescribed by quality standards and compliance criteria, in accordance with the General Terms and Conditions.

11. PROTECTION OF PERSONAL DATA

The Supplier is obliged to process the Customer's personal data based on obligations arising from the Contract and legal regulations. According to the General Regulation on Personal Data Protection (EU) 2016/679, the Supplier, as the data controller, collects, records, processes, transfers, uses, or otherwise handles personal data related to individuals whose identity is established by signing the Contract. The Supplier is required to use the collected personal data exclusively for the purpose of fulfilling the provisions of the Contract and providing gas delivery services. The Supplier is obliged to take all legally prescribed organizational, technical, and other measures to protect personal data from loss, theft, or disclosure to unauthorized third parties. The Supplier must inform the Customer about the identity of the Data Protection Officer, as well as the manner of submitting objections regarding the collection and processing of personal data, which must also be published on the official website. The Customer is obligated to timely update and notify the Supplier of any changes to their personal data.

12. FINAL PROVISIONS

All mutual relations between the Supplier and the Customer are governed by the applicable regulations of the Republic of Croatia. By signing the Contract, the Customer confirms that they are familiar with the Terms and Conditions and agrees to their application. These Terms and Conditions are available on the Supplier's website www.plinara.hr.
These Terms are in accordance with the applicable General Terms and Conditions of Gas Supply (OG 88/19, OG 39/20), the Gas Market Act (OG 18/18, OG 23/20), and other applicable legal and by-laws governing the gas market. The Terms and Conditions come into effect on 15 April 2020, and apply to all Contracts for supply under public service obligation.