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Terms and Conditions VIA-T
Bip&Drive Terms and Conditions of use and sale – Spain and Portugal
Please read Bip&Drive's Terms and Conditions carefully before making an application to use the Vía-T Service. By applying for the Vía-T Service, you are agreeing to be bound by these terms and conditions.
Object of these Terms and Conditions
These terms and conditions (the “General Conditions”) set out the terms under which UK motorists (the "Subscriber" or "you") may subscribe to the Vía-T electronic toll collection service in Spain and Portugal (the "Service" or "Vía-T Service") owned by Bip&Drive, S.A. and use the Vía-T on-board unit tag ("Tag") provided as part of the subscription to the Vía-T Service. The Tag allows users of certain vehicle types to use certain lanes of the motorway and parking facilities branded with the "Vía-T' or 'T' or the 'Via Verde' sign within the Vía-T Network. Subscription for the Vía-T Service is conditional on us receiving and accepting your Application in accordance with these General Conditions.
The Subscriber's vehicle must comply with the height, weight and vehicle class restrictions that apply to the Vía-T Network and the Vía-T Service. Details of these restrictions can be found on the FAQ section of the Website. It is the Subscriber's responsibility to ensure that their vehicle is compliant with these restrictions before submitting an Application.
If we notify you that your Application has been accepted, subject to you logging onto the 'My Account' section and providing the information that we request from you in our confirmation e-mail (see clause 4.1), we will arrange for the Tag to be delivered in accordance with clause 5.1 of these General Conditions. If you don't take delivery of the Tag in accordance with clause 5.1, clause 5.2 of these General Conditions will apply. Under that clause 5.2, we are entitled to retain your Tag Deposit and/or terminate your Subscription. Any Subscription with us will only continue for as long as you pay the Charges in accordance with these General Conditions.
All Tags must be returned upon cancellation at the Subscriber's own cost (see clause 18).
All of our prices under these General Conditions refer to 'IVA'. IVA is a sales tax which applies in Spain and Portugal. It is similar to VAT in the United Kingdom. IVA is payable on all fees and charges under these General Conditions except the Tag Deposit. Please see clause 10.7 below for more information on IVA.
The following additional terms and conditions will also apply when you register for and use the Vía-T Service:
In these General Conditions, the following definitions apply:
Additional Tag Fees
" has the meaning given to such term in clause 10.8.1;
Additional Tag Holder Fee
" has the meaning given to such term in clause 10.8.2;
Annual Management Fee
" has the meaning given to such term in clause 10.1.1.2;
" has the meaning given to such term in clause 2.1.1;
", "we" and "us" means Bip&Drive S.A, a Spanish company, having its registered address at Plaza de Colón 2, Torre 2 Planta 19, Madrid, España duly registered under the number A-86969607, registered at the Business Registry of Madrid ,Volume 32.186, Folio 22, Section 8, Page M-579231 represented by Josep Jové de Miquel-Blondel and Juan Gordejuela Donézar.
" means collectively: the Subscription Fees, the Monthly Active Service Fee, the Annual Management Fee, Foreign Exchange Finance Charge, the Additional Tag Fees, the Additional Tag Holder Fee, the Unpaid Direct Debit Charge, Toll Charges and all other fees payable by you under these General Conditions and the Subscription Agreement;
" means emovis tag UK Ltd, a company incorporated in England and Wales with registered number 09924217 and having its registered office at St John's Offices, Albion Street, Leeds, United Kingdom, LS2 8LQ (our service provider);
Foreign Exchange Finance Charge
" has the meaning given to such term in clause 10.4;
" means a direct debit mandate authorising the payment by you to us of sums of money;
Monthly Active Service Fee
" has the meaning given to such term in clause 10.2;
" has the meaning given to such term in clause 7.2;
Special Delivery Charge
" means a charge of 10€ + IVA payable by any Subscriber who requests to have a Tag or Tag holder delivered by 'guaranteed next day delivery' pursuant to their Subscription;
" has the meaning given to such term in clause 4.2;
Subscription Activation Date
" has the meaning given to such term in clause 4.2;
" has the meaning given to such term in clause 10.1;
" has the meaning given to such term in clause 10.1.1.1;
Tag Replacement Fee
" means 20€ (inclusive of IVA);
" means all toll charges incurred by the Subscriber using the Vía-T Service on the Vía-T Network at the rates prevailing at the time the Subscriber uses the Vía-T Network;
" means all motorway toll roads and parking facilities in Spain and Portugal branded with the "Vía-T' or 'T' or the 'Via Verde' sign which have been equipped the Vía-T electronic toll collection system ("Vía-T Equipment");
" has the meaning given to such term in clause 2.1.1;
" means each period of twelve (12) Months commencing on the Subscription Activation Date and on each anniversary thereafter; and
Your Bank Account
" has the meaning given to such term in clause 11.7.
Registering for the Vía-T Service
Before you can subscribe to the Vía-T Service:
you must first register your details at the website www.saneftolling.co.uk/subscription (“Website”) in the “User Information Section” ("Application"). In registering your details, you will be required to provide Emovis with the following personal data as part of your Application:
your full name, date of birth, contact details, postal address and details of the bank account that you want your direct debit payments to be collected from in accordance with clause 11 below;
you must provide an e-mail address and a password to be able to access the “My Account” area of the Website as part of your Subscription;
you must select the delivery option for delivering of your Tag; and
By registering details on the Website and confirming at the end of the registration process that you wish to subscribe to the Vía-T Service, the Subscriber accepts:
it is making an Application to Bip&Drive to use the Vía-T Network and the Tag in accordance with these General Conditions and Bip&Drive's acceptance of the Application will constitute a legally binding agreement between the Subscriber and Bip&Drive;
it will pay all Charges in accordance with these General Conditions;
it will provide Bip&Drive with a valid direct debit mandate in the form specified by Bip&Drive from time to time; and
The Subscriber agrees to provide evidence of any registration details to Emovis upon request.
Application Vetting – YOUR ATTENTION IS IN PARTICULAR DRAWN TO THE PROVISIONS OF THIS CLAUSE 3
Subscribers who submit an Application for use of the Vía-T Service acknowledge that Emovis will process (or any other third party instructed by Bip&Drive to process applications on Bip&Drive's behalf) their application details for the purpose of Application vetting and for carrying out credit checks to assess their credit worthiness.
It is very important that you provide accurate information in your Application – we might decline your Application based on the results of your credit check, or if you have provided false information.
By making an Application, Subscribers authorise Emovis (or other credit reference agency) to verify the identity of the Subscriber and to assess their credit worthiness. As part of this verification process, Emovis (or other third party) will obtain details of any credit judgments that have been awarded against the Subscriber in the county or high Courts of the United Kingdom. These will have typically been lodged as a result of the Subscriber's credit affairs. Where Bip&Drive deems any of this information as material to the Subscriber's Application (including, but not limited to, where the Subscriber has been declared bankrupt or has credit judgments awarded against them), Bip&Drive reserves the right to decline the Subscriber's Application and/or terminate any current Subscription.
Emovis or any credit reference agency that Bip&Drive instructs may keep a record of this credit check (regardless of whether the Subscriber's Application is approved by Bip&Drive). For a short period of time this can affect your ability to get credit elsewhere. Details of how the Subscriber conducts their account may also be disclosed to such agencies.
Bip&Drive undertakes that it, Emovis and any other third party instructed by Bip&Drive to carry out application vetting on Bip&Drive's behalf, will not utilise any financial data other than the Subscriber's data when assessing that Subscriber's credit worthiness.
Bip&Drive may accept or reject a Subscriber's Application at its sole discretion.
BY SUBMITTING AN APPLICATION TO BIP&DRIVE FOR USE OF THE VÍA-T SERVICE AND CONFIRMING AT THE END OF THE REGISTRATION PROCESS THAT THE SUBSCRIBER WISHES TO SUBSCRIBE TO THE VÍA-T SERVICE, SUBSCRIBER ARE CONFIRMING THE FOLLOWING:-
THAT THE SUBSCRIBER UNDERSTANDS THAT APPLICATION VETTING IS A PRE-CONDITION OF BIP&DRIVE CONSIDERING THE SUBSCRIBER'S APPLICATION TO USE THE VÍA-T SERVICE;
THE SUBSCRIBER'S DETAILS MAY BE SHARED WITH A CREDIT REFERENCE AGENCY SHOULD AT ANY POINT THE SUBSCRIBER'S SUBCRIPTION ACCOUNT FALL INTO ARREARS FOR THE PURPOSE OF TRACING THE SUBSCRIBER'S CURRENT ADDRESS AND CONTACT DETAILS;
THAT THE SUBSCRIBER CONSENTS TO EMOVIS (OR OTHER THIRD PARTY INSTRUCTED BY BIP&DRIVE TO CARRY OUT APPLICATION VETTING ON BIP&DRIVE'S BEHALF) ACCESSING THEIR PERSONAL CREDIT FILE FOR THE PURPOSES SET OUT IN THESE GENERAL CONDITIONS;
THAT THE DETAILS PROVIDED TO BIP&DRIVE FOR REGISTRATION PURPOSES (SUCH AS IDENTITY, RESIDENCE AND BANK DATA) ARE TRUE AND COMPLETE; AND
THAT THE SUBSCRIBER CONSENTS TO THE STORAGE OF THEIR INFORMATION AND USE OF SUCH INFORMATION TO DECIDE ON CURRENT AND FUTURE SUBSCRIPTION APPLICATION(S).
ANY SUBSCRIBER WHO DOES NOT CONSENT TO THESE CONDITIONS ACKNOWLEDGES THAT BIP&DRIVE IS UNABLE TO PROCESS THEIR APPLICATION AND IS REQUESTED TO CONTACT EMOVIS USING THE CONTACT DETAILS SET OUT AT CLAUSE 21 OF THESE GENERAL CONDITIONS.
If Bip&Drive is unable to accept your Application, they will contact you as soon as possible and may ask you to provide them with more information.
A contract will come into existence between you and us when we send you an e-mail confirming that your Application has been accepted, at which point these General Conditions will apply to your Subscription and your use of the Tag and the Vía-T Service ("Subscription Agreement"). In our confirmation e-mail, we will require you to login to your "My Account" area on the Website and ask you to provide all of the information required to enable us to activate your Subscription (the "Required Information"). Please note that we will be unable to activate your Subscription until we have received the Required Information from you.
Once we have received everything we need from you under clause 4.1 above, we will activate your Subscription to the Vía-T Service and confirm such activation to you via e-mail (the "Subscription Activation Date"). Following the activation of your Subscription, you will be entitled to (i) receive a Tag in accordance with clause 5 below and (ii) upon receipt of the Tag, use the Vía-T Service subject always to your compliance with these General Conditions including your obligation to pay any and all amounts arising pursuant to these General Conditions in accordance with the payment terms set out at clause 11 ("Subscription").
Delivery of the Tag
Bip&Drive will arrange for the Tag to be sent to the Subscriber's residential address specified in the “My Account” section on the Website by first class post or by special delivery if requested by the Subscriber in their Application. Delivery of the Tag is not permitted to any address other than your home address for security reasons.
Without prejudice Bip&Drive's other rights and remedies, if you fail to take delivery of the Tag and the Tag has been (or we have been informed that it is in the process of being) returned to us by the postal service we are entitled to:
terminate your Subscription Agreement in accordance with clause 17.2; and
if you have paid us the Tag Deposit, retain the Tag Deposit and you will not be entitled to a refund of such Tag Deposit;
if we have not received the Tag Deposit funds from you by that date, charge you an amount which is equal to the value of the Tag Deposit and invoice you that amount in accordance with clause 11.
If you fail to receive delivery of the initial Tag we sent you and you ask us to send another Tag to you, you shall pay Bip&Drive a Tag Replacement Fee and the postage and packing fee relevant to the delivery option selected by you for that Tag.
Right to Cancel – YOUR ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF THIS CLAUSE 6
You may cancel your Subscription at any time. If you wish to cancel, you simply need to tell Emovis. You can tell Emovis by:
phone on 01423 299017; or
writing to Emovis at Emovis Tag, Hornbeam House, Hornbeam Park, Hookstone Road, Harrogate, HG2 8QT; or
completing and submitting the contact us form on the Website; or
by submitting a support request when logged into "My Account" section of the Website;
by completing the cancellation form attached to these General Conditions and sending it to Emovis by post at the address specified in clause 6.1.2 above.
If you cancel within 14 days beginning on the latest of: (i) the day after the contract is formed and the Subscription Agreement is effective under Clause 4.1 or (ii) the day after delivery of the Tag to you (the "Cancellation Period"):
there will be no charge for cancelling the Subscription Agreement;
Bip&Drive will repay the Subscriber all of the Charges and any other money paid to Bip&Drive, except:
money that has already been paid (or is due to be deducted) for Toll Charges the Subscriber has incurred during the Cancellation Period; and
money that we are entitled to deduct from the refund payable to you under this clause 6.2 in the exercise of our statutory right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 where we have suffered a loss in value of the Tag arising from:
your handling of it which was beyond what was necessary for you to establish the nature, characteristics and functioning of the Tag ("Unacceptable Condition"); or
your failure to return the Tag to us in accordance with clause 18.
Please note that we are entitled, in the exercise of our statutory right, to deduct 100% of the refund payable to you and, as a result, the refund due to you under this clause 6.2 may be nil.
Any refund payable under clause 6.2 will be provided within 14 days beginning on the day after the Subscriber tells Emovis it wants to cancel. It will be refunded using the same method used to pay the amounts to Bip&Drive.
If we provide you a refund pursuant to clause 6.2 before:
we have received the Tag from you and later discover that you have failed to return the Tag by the date required in accordance with clause 18; or
we are able to inspect the Tag you have returned to us and later discover that it has been returned by you to us in an Unacceptable Condition,
we are entitled to recover from you the cost of the Tag (20€ (inclusive of IVA)).
If you cancel after the expiry of the Cancellation Period, you will not be entitled to receive any refund of any of the Charges you have paid to us prior to cancellation except the Toll Deposit which will be refunded if the Tag has been returned to us in accordance with clause 18.
Following cancellation under this clause 6:
the Subscriber will no longer be entitled to use its Tag and will not be registered for using the Vía-T Service supplied by Bip&Drive; and
the Subscriber must return the Tag to Bip&Drive in accordance with clause 18 below.
Use of the Tag
If you receive a Tag from us in relation to your Subscription, that Tag is specifically registered to you. You cannot assign, sell, dispose of, lease the Tag to any other person or damage or tamper with the Tag or use the Tag fraudulently or illegally. You are personally responsible to Bip&Drive and liable for the use of the Tag and the Vía-T Service. You are not entitled to carry more than one active Tag per vehicle (a Tag will be active when it is no longer within the plastic anti-static bag / box supplied by Bip&Drive). The Tag can be used by the Subscriber in different vehicles but cannot be used for multiple vehicles at the same time.
The Tag allows the Subscriber to incur Toll Charges when travelling within the Vía-T Network (through its detection of the Vía-T Equipment) without the Subscriber having to stop to pay such Toll Charges at toll stations for each journey (the "Purpose"). Provided that it is used correctly in accordance with (i) these General Conditions and (ii) all instructions contained with the manual provided by Bip&Drive (if any) and on the Website, the Tag will apply Toll Charges to your Subscription for payment by you in accordance with clause 11 of these General Conditions.
You must use the Tag only for Purpose and, in the manner, permitted under these General Conditions and in compliance with all applicable laws applicable to the Vía-T Network (including, but not limited to, the motorways, toll facilities or car parks comprising the Vía-T Network).
You will be liable for the use of the tag by any other person who you lend, share or otherwise allow to use the Tag.
You shall install the Tag and properly position the Tag on the windshield as instructed in the user manual accompanying the Tag or on the Website. You shall use the Tag only as directed by the instructions accompanying the Tag or as provided by us or Emovis from time to time. Failure to comply with these instructions may lead to the Subscriber being liable for additional and/or unexpected Toll Charges.
In the absence of a valid, active and properly positioned Tag in the vehicle, the Subscriber will be required to pay any toll charges using another means of payment. Invalid Tags may be removed by toll plaza staff.
You must exercise all possible care to ensure that the Tag is not lost, stolen or misused. If the Tag is lost, stolen or is at risk of being misused, you must take all reasonable steps we consider necessary to assist us in recovering the Tag.
If Bip&Drive is unable to correctly capture information from any Tag otherwise than due to a failure of the Vía-T Equipment, Bip&Drive reserves the right to apply the toll for the most expensive journey for the relevant exit toll plaza.
It is the Subscriber's responsibility to ensure that their vehicle complies with the height, weight and vehicle class restrictions that apply to the Vía-T Network and the Vía-T Service. Details of these restrictions can be found on the FAQ section of the Website.
In order for the Tag to register the Toll Charge(s) to the Subscriber's Subscription, Subscribers must use lanes marked with the "Vía-T' or 'T' or the 'Via Verde' sign at the entrance and at the payment lane. Subscribers may use the Tag to pay exit charges in car parks that display "Vía-T' or 'T' or the 'Via Verde' sign. A Tag allows the Subscriber to pay the amount due at the exit by using the lane indicated by the 'Vía-T' or 'T' or the 'Via Verde' sign. Prior to entering any such car park, the Subscriber must ensure that their vehicle conforms to the height, weight and/or vehicle class restrictions that apply at such car park.
As a condition of the Subscription Agreement, the Subscriber agrees to comply with:
all road marking and signs on or relating to the Vía-T Network (including, but not limited to, those which restrict use to certain classes of vehicle);
all traffic lights;
all speed limits applicable to the Vía-T Network including, but without limitation, the speed limits that apply at the toll barrier;
all lights and barrier crossing; and
all safety recommendations and regulations.
The Subscriber agrees to use its best endeavours to ensure that a minimum distance of 4 metres is maintained between its vehicle and all other vehicles at the toll lane entrances and toll plazas.
Ownership of the Tag
Bip&Drive, acting reasonably, may recall any Tag(s) by request. Following notification of such withdrawal, the Subscriber shall immediately cease using any relevant Tag and return the Tags to Emovis in accordance with the clause 18. In the case of technical failure, the need to replace any Tag or in order to prevent any incident related to wear and tear, Bip&Drive, at their sole discretion, may replace the Tags without charge. If after examining the Tag Bip&Drive determines that any failure is attributable to the acts or omissions of the Subscriber, Bip&Drive reserves the right to charge the Subscriber the Tag Replacement Fee for the cost of the repair and/or replacement of the Tag.
Except where permitted under these General Conditions, the Subscriber shall not re-distribute, transmit, sublet, assign, sell, rent, lease, subrogate or otherwise transfer the Tag and/or their Subscription nor the rights and obligations arising from such to any other person, without having first obtained the prior written consent from Bip&Drive. Without prejudice to Bip&Drive's other rights and remedies, Bip&Drive reserves the right to retain any applicable Tag Deposits in the event of the Subscriber's breach of this clause 8.3.
The Subscriber shall be bound to perform all the necessary actions for the adequate protection of the Tag against the foreseeable damage and appropriation by another person (unless such appropriation is permitted under these General Conditions or Bip&Drive has given prior written consent for use by such other person in accordance with clause 8.3), and in all cases shall follow the instructions provided by Bip&Drive in connection with using and/or keeping such Tag.
If your Tag is faulty, lost, stolen or you become aware that the Tag may be or is being misused, you must immediately tell Emovis by telephone on 01423 299017 or by contacting Emovis by submitting a support request via the My Account section and if requested by Emovis, you must confirm the loss, theft or misuse in writing by post at the address Emovis gives you in its request.
If the Tag is faulty, Bip&Drive reserves the right to retain the Tag Deposit (in which case no refund of such Tag Deposit will be payable) where Bip&Drive reasonably considers that the fault with the Tag is attributable to your act(s) or omission(s).
If you do not tell Emovis that your Tag is lost or stolen, you will remain liable for any and all Toll Charges and fees incurred via use of the Tag on the Vía-T Network.
If your Tag is lost or stolen, we will block your Tag in accordance with clause 13. We will be entitled to retain the Tag Deposit if your Tag is stolen or lost. If you want a replacement, you will be liable to pay a Tag Replacement Fee and the postage and packing fee relevant to the delivery option selected by you for that Tag.
If the Subscriber subsequently finds the Tag that was considered lost or stolen, it must be returned by registered mail (at the Subscriber's own cost) to Emovis. The Subscriber shall not use any Tag notified to Bip&Drive as lost or stolen and doing so shall entitle Bip&Drive to retain any Tag Deposits and to immediately terminate the Subscriber's Subscription Agreement.
If your Tag is confiscated for any reason, you must advise the relevant authority that you have a Subscription Agreement with Bip&Drive for the Vía-T Service and that the Tag is owned by them. You must notify Emovis as soon as possible of the incident and provide Emovis with an explanation of the reason for such confiscation (if known) and an explanation of the circumstances surrounding such confiscation. The Subscriber will provide all reasonable assistance to Bip&Drive and/or Emovis in connection with their investigation of the confiscation and/or their liaison with the relevant authority.
The Subscription Agreement is effective as soon as Bip&Drive accepts the Subscriber's Application as described above and, without prejudice to clause 17.6, shall continue until terminated by either party in accordance with clause 17 (the "Term").
Charges YOUR ATTENTION IS IN PARTICULAR DRAWN TO THE PROVISIONS OF THIS CLAUSE 10
The following fees shall be payable by the Subscriber in the first payment they make to Bip&Drive in accordance with clause 11 below:
a refundable security deposit of 20€ (no IVA is payable) for each Tag issued by Bip&Drive (the "Tag Deposit");
the annual management fee of 6€ (exclusive of IVA which shall be payable on this amount)("Annual Management Fee"); and
a non-refundable application fee of 10€ (exclusive of IVA which shall be payable on this amount); and
the Special Delivery Charge (if applicable),
(together the "Subscription Fees").
Monthly Active Service Fee
A monthly service fee of 5€ (exclusive of IVA which shall be payable on this amount) shall be payable by the Subscriber for each calendar month in which the Subscriber uses the Tag on the Vía-T Network subject to a cap of 10€ (exclusive of IVA which shall be payable on this amount) per Year per Tag (the "Monthly Active Service Fee").
Annual Management Fee
The Subscriber shall be liable to pay Bip&Drive an Annual Management Fee on each anniversary of the Subscription Activation Date for each Year of the Term.
Foreign Exchange Finance Charge
Bip&Drive shall charge a fee of 2% + IVA on the total value of the Charges payable under each invoice issued by Bip&Drive pursuant to clause 11 of these General Conditions (the "Foreign Exchange Finance Charge"). The exchange rate is based on the average mid market commercial exchange rate (not the tourist rate) for the month that the Toll Charges were incurred.
The Subscriber shall be liable to pay Bip&Drive any and all Toll Charges incurred by the Subscriber together with any additional amounts which the Subscriber is liable to pay for use of the Vía-T Network. Toll Charges for each journey can be calculated using the toll calculator tool available on the FAQ section of the Website.
Unpaid Direct Debit Charge
If the Subscriber does not maintain a valid Mandate or does not have sufficient funds available for the direct debit to be collected in full,10€+IVA fee may be applied to cover administration costs incurred by us in connection with us liaising with you and/or your bank regarding the non-payment.
IVA is a sales tax which is applicable in Spain and Portugal which is similar to VAT in the United Kingdom and is payable on all fees and charges under these General Conditions except the Tag Deposit. Unless Bip&Drive notifies the Subscriber otherwise, IVA shall be applied at the prevailing standard rate.
Additional Tags/Tag Holders
You may order an additional Tag by logging onto 'My Account' section of the Website and selecting the option to order an additional Tag. If you order additional Tag(s), you shall be liable to pay Bip&Drive for the following:
the Tag Deposit for each additional Tag ordered;
the Monthly Active Service Fee for each additional Tag for each month that the additional Tag is used on the Vía-T Network subject to a cap of 10€ (exclusive of IVA which shall be payable on this amount) per Year per Tag; and
postage and packing fees of 5€ plus IVA for each additional Tag ordered or, if you select the 'guaranteed next day delivery option', the Special Delivery Charge shall be payable for each additional tag ordered under this option,
(together the "Additional Tag Fees").
You may order an additional Tag holder by logging onto 'My Account' section of the Website and selecting the option to order an additional Tag holder. If you order additional Tag holder(s), you shall be liable to pay to Bip&Drive for the following:
postage and packing fees of 2€ plus IVA for the delivery of the additional Tag holder(s) ordered or, if you select the 'guaranteed next day delivery option', the Special Delivery Charge shall be payable for the additional tag holder(s) ordered under this option (the "Additional Tag Holder Fee").
All fees payable under this clause 10.8 shall be added to the monthly invoice for the month in which the additional items were ordered and shall be invoiced by Bip&Drive in accordance with clause 11 below.
Payment Terms and Billing YOUR ATTENTION IS IN PARTICULAR DRAWN TO THE PROVISIONS OF THIS CLAUSE 11
You acknowledge and agree that all Charges payable pursuant to these General Conditions and the Subscription Agreement will be invoiced you by Bip&Drive electronically through your 'My Account' area accessible by logging onto your account on the Website. Bip&Drive will not provide you with a printed statement or invoice in respect of any given month, but you can download one from the website.
Bip&Drive shall invoice you on a monthly basis for all Charges accrued by you in the preceding calendar month.
The Subscriber shall pay all amounts due to Bip&Drive pursuant to these General Conditions in full and without any deduction or set off of any kind and in GBP Sterling or such other currency as Bip&Drive notifies to the Subscriber from time to time using, where applicable, the exchange rate for conversion to the specified currency which is posted on the day that the invoice was created by such bank as is specified from Bip&Drive from time to time.
You shall at all times ensure that you have sufficient funds in your Bank Account to permit Bip&Drive to take payment in full for invoices on the date for payment.
The Charges will be collected from you by us by Direct Debit. You may have to complete and sign a paper Direct Debit Mandate (for example if you are not the sole signatory on your Bank Account) when we have confirmed that your Application has been accepted.
We will notify you in each invoice we send you, pursuant to clause 11.2 above, the sum of the Charges due by you and, the date upon which such Charges will be collected from you by us.
Please note that by submitting a Mandate to us, you are providing your continuing authority for Charges to be deducted from your bank account pursuant to the Mandate ("Your Bank Account"). If payment via the Mandate fails on three (3) occasions or more, we are entitled to immediately terminate the Subscription Agreement in accordance with clause 17.2.
Your payments pursuant to your Mandate are protected by the UK Direct Debit Guarantee Scheme.
If you wish to amend the bank account on your Mandate, you must notify us in advance of such amendment by inputting your new bank details via the “My Account” section of the website. Unless your Mandate has been cancelled for whatever reason, your Mandate should (unless we request that you sign a new mandate) continue as it did before, albeit with your payments being collected from the bank account you asked us to change your Mandate to. If you ask us to amend your bank account on your Mandate within less than five (5) days before the end of that relevant month, it is too late for the changes to take effect for that month. The changes will apply from the following month.
If the Subscriber disputes any invoice or other statement of monies due, the Subscriber shall immediately notify Emovis by submitting a support request on their 'My Account' section of the website. The parties shall negotiate in good faith to attempt to resolve the dispute promptly. Where only part of an invoice is disputed, the undisputed amount shall be paid on the due date.
You may cancel your Mandate with us at any time. You must notify Emovis of such cancellation in writing via the “My Account” section of the website or by post to Emovis, Hornbeam House, Hornbeam Park, Hookstone Road, Harrogate, HG2 8QT. Please note that we will be entitled to terminate the Subscription Agreement upon the cancellation of your Mandate pursuant to clause 17.2. Cancellation of your Mandate will not affect your liability to pay us any outstanding Charges which are due by you under these General Conditions.
Electronic copies of each invoice(s) sent by Bip&Drive to you during the term of your Subscription pursuant to clause 11.1 can be accessed by you by logging on to your 'My Account' area of our Website.
to keep your username, password and any other information relevant to accessing your 'My Account' area confidential at all times and, if you suspect or are aware that these details have been obtained by another person, immediately change your password by following the instructions on the Website;
to use the Tag and your Subscription according to these General Conditions and the Subscription Agreement;
to maintain the Tag in good working order throughout the term of these General Conditions and your Subscription Agreement;
that you are not entitled to assign or sell the Tag to any other person unless you are permitted to do so under these General Conditions;
that you are not entitled to fully or partially copy the information contained on the Tag, as well as open, manipulate and/or use the Tag for a purpose other than that for which it is inherently and exclusively intended according to these General Conditions;
to pay the Charges in full to Bip&Drive in accordance with these General Conditions and the Subscription Agreement;
that if any direct debit payable by you is returned unpaid, this non-payment will be recorded against your Subscription account with Bip&Drive. Without prejudice to clause 17, if, despite us having notified you of a missed payment and we have not received any payment from you following such notification, we reserve the right, at our sole discretion, to block use of your Tag or terminate your Subscription, upon having given you written notice of our intention to do so. Without prejudice to clause 17.6, you agree that if your Tag has been deactivated or your Subscription has been terminated, you will:
not be entitled to use the benefits associated with your Subscription including the right to use of your Tag; and
be liable to manually pay the Toll Charges which you incur after de-activation at the relevant toll plazas.
that the Toll Charges are subject to increase by the Spanish and Portuguese roads authorities and/or their appointed providers and any such increase will become immediately binding on you;
to notify us immediately if you cancel or alter your Mandate;
to notify Emovis immediately if your Tag is lost, faulty or stolen. In the case of stolen, you must also notify the competent authorities within twenty four (24) hours of having knowledge of it being stolen, and to inform Emovis of the crime reference number associated with such crime report;
to notify Emovis immediately and in any event no later than twenty four (24) hours if you don't recognise a transaction listed on a your statement and/or invoice in your 'My Account' section of the Website;
that you will be liable for all unauthorised transactions that have been recorded against your Subscription prior to the point of you advising us that: (i) your Tag was lost, stolen or faulty or (ii) there has been unauthorised use of your Tag.
that you are the owner of the vehicle which the Tag is affixed to or otherwise have permission to use it from the registered keeper of that vehicle;
that all of the personal data provided by you to us in connection with your Subscription is complete, true and correct to the best of your knowledge;
to immediately notify Bip&Drive of any material changes to the information provided in your Application;
to update your personal information in the 'My Account' section of the website if any of that information has changed;
to notify Emovis of any change to your address or any changes to your personal circumstances which are relevant to your Subscription;
to return the Tag to Emovis in good working order in accordance with clause 18. If you do not return the Tag or if the Tag returned by you does not meet the requirements set out in clause 18, you acknowledge that you will be liable to us for our losses in connection with the Tag and your liability for such Tag will be determined in accordance with clause 18; and
that Bip&Drive may terminate your Subscription if they consider (acting reasonably) that there has been fraudulent activity with your Tag or your Subscription.
As a condition of your Subscription continuing with us, you will use the Tag and your associated Subscription only for the Purpose and in the manner permitted under these General Conditions and in applicable with all applicable law.
Blocking the Tag
Bip&Drive shall be entitled, without liability to you, to block use of the Tag by the Subscriber where:
subject to clause 13.2 below, the Subscriber fails to pay any invoice issued to the Subscriber pursuant to clause 11 in full by the due date specified in the invoice ("Due Date");
where Bip&Drive considers (acting reasonably) that there has been fraudulent activity associated with the Tag;
when we have been notified by you (or, where applicable, a competent authority) that the Tag has been stolen, lost or faulty;
the Subscription Agreement has been terminated in accordance with clause 17 of these General Conditions; and/or
you have cancelled your Subscription in accordance with these General Conditions.
Our right under clause 13.1(a) shall not apply if you have:
notified us before the Due Date that you consider that you have been charged for transactions in that invoice which you are not liable to pay under these General Conditions; and
paid us all of the undisputed Charges relative to that particular invoice on or before the Due Date.
Where we have blocked a Tag under this clause 13, you will receive a message via email informing you that your Tag has been blocked (switched off) and you will be provided instructions on how to reactivate the Tag. You will be asked to contact Emovis to discuss the circumstances around reasons why the Tag was switched off if you are not already aware. You will be required to pay any toll charges using another means of payment for as long as the Tag remains switched off.
Liability of Bip&Drive
The following provisions set out our entire liability (including any liability for the acts and omission of our employees, agents and sub-contractors) to you under or in connection with your Subscription Agreement and these General Conditions in respect of (a) any breach of our contractual obligations; and (b) any representation, statement or tortious act or omission including negligence, save that any exclusions or limitations will not apply in the case of fraud.
Nothing in these General Conditions will exclude or limit our liability to you for: death or personal injury resulting from our negligence; fraud or fraudulent misrepresentation; or any other liability which cannot be limited or excluded by law.
Subject to the limit set out in clause 14.4, we accept liability in respect of direct damage to your physical property directly resulting from our negligence.
Subject to the provisions of clause 14.2, our entire liability under your Subscription Agreement and these General Conditions will be limited to the total Charges paid by the Subscriber in the previous 12 month period pursuant to their Subscription Agreement.
Subject to clause 14.2, we will not be liable to you for loss of profits, loss of revenue, indirect loss, loss of anticipated savings, loss of use, loss of business, business interruption, or loss of business opportunity even if such loss was reasonably foreseeable or in our contemplation or if we had been advised of the possibility of you incurring it. We are also not liable to you for any other loss or damage that you suffer that is not a foreseeable result of our breaking this contract or any failing of ours to use reasonable care and skill. Loss or damage is foreseeable of either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, the risk of loss or damage was identified to you on our Website and/or in any correspondence sent by us to you pursuant to your Application and/or your Subscription.
Before taking any action under your Subscription Agreement against us in respect of any breach of our contractual obligations, you will give us not less than 30 days from the date you notify us of the breach, to remedy it to your reasonable satisfaction.
Except in the case of a claim arising under clause 14.2, we will have no liability to you in respect of any claim, unless you have served notice of it to us within 2 years of the date you became aware of the circumstances giving rise to the claim or the date when you ought reasonably to have become so aware.
Except as expressly stated in these General Conditions or the Subscription Agreement all conditions, warranties, representations and/or undertakings, express or implied, statutory or otherwise are excluded.
Bip&Drive shall not be held liable for defective or abnormal operation of the Vía-T Equipment within the Vía-T Network. Bip&Drive will also not be held responsible for any delay or failure to comply with its obligations, these conditions if the delay or failure under these General Conditions or the Subscription Agreement where the failure arises from any cause which is beyond its reasonable control. This provision does not affect your statutory rights.
Bip&Drive shall not be held responsible for any misuse of the Tag, or for using the Tag for a purpose other than that for which it is exclusively intended under these General Conditions.
Your Personal Information
We will use the personal information you provide to us or Emovis:
to supply the Vía-T Service and the associated Tag pursuant to your Subscription under these General Conditions and the Subscription Agreement;
to process your payment for this service; and
if you agreed to this as part of your Application, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting Emovis.
We may pass your personal information to credit reference agencies when we are considering your Application and any subsequent applications and they may keep a record of any search that they do.
We will only give your information to Emovis or other third parties where the law either requires or allows us to do so.
You may terminate you Subscription Agreement at any time on giving Emovis written notice of your wish to cancel your Subscription and/or terminate your Subscription Agreement by:
phone on 01423 299017; or
writing to Emovis at Hornbeam House, Hornbeam Park, Hookstone Road, Harrogate, HG2 8QT;or
submitting a support request in the “My Account” section of the website; or
completing the cancellation form attached to these General Conditions and sending it to Emovis by post.
Bip&Drive may terminate the Subscription Agreement without liability and with immediate effect by giving notice in writing to you if:
you (i) cancel your Mandate; (ii) alter your Mandate without letting us know or (iii) your Mandate fails on more than 3 occasions. If we terminate under this 17.1(a), we reserve the right to refuse to grant you a new Subscription;
you do not make any payment to us of any Charges when they are due and you still do not make payment within 14 days of us reminding you that payment is due;
you have not taken delivery of the Tag and the Tag has been, or is in the process of being, returned to us;
you have breached clause 8.3 above;
you have breached clause 8.9 above;
you have, in our reasonable opinion, made fraudulent or illegal use of your Subscription or Tag or used them in a manner not authorised or permitted under these General Conditions. In the case of any fraudulent or illegal use we reserve the right (acting reasonably) to refuse to grant you a new Subscription;
we discover that you withheld information or deliberately provided false information in your Application;
we discover that you have (or have sought to) deliberately put any false information about you your 'My Account' area of the Website;
you commit a material breach of any of the terms in these General Conditions or your Subscription Agreement and if such breach is capable of remedy, you fail to remedy that breach within 30 days after we have notified you of it;
you suspend, or threaten to suspend, payment of your debts, you are unable to pay your debts as they become due or admit that you are unable to pay your debts or become bankrupt or insolvent; and/or
we consider (acting reasonably) that you have deliberately caused damage to your Tag or have otherwise misused it.
Bip&Drive may also terminate these General Conditions or your Subscription Agreement at any time and without any cause whatsoever, giving no less than thirty (30) days prior written notice. If we have terminated these General Conditions and/or the Subscription Agreement pursuant to this clause 17.3, we will refund you a pro-rata amount of any Charges paid by you to us, where such Charges directly relate to the period after the termination.
On termination of the Subscription Agreement or these General Conditions for whatever reason:
you will make payment to us of all outstanding Charges for which you have already received an invoice by us in accordance with clause 11.2 and which you have not paid, no later than fourteen days after the date of termination;
we will send you a final invoice within 14 days of termination which will provide a breakdown of all the Charges accrued between the last invoice we issued to you and the date of termination. You will make payment to us of all outstanding Charges specified in this invoice no later than fourteen days by the due date set out in such invoice;
you shall no longer be entitled to use the Tag and we shall block use of the Tag in accordance with clause 13. Your Subscription with us will also immediately end;
you shall return the Tag to us in accordance with clause 18 below; and
you will be required to manually pay the Toll Charges at toll plazas if you use the Vía-T Network after the date of termination.
Unless these General Conditions expressly state otherwise, you are not entitled to receive any refund of the Charges and any fees which you have paid us in connection with your Subscription on or prior to the date of termination.
Any termination of these General Conditions and/or the Subscription Agreement is without prejudice to any accrued rights, remedies, obligations or liabilities that you or we may have.
Clauses of the Subscription Agreement or these General Conditions which expressly or by implication have effect after termination shall continue in full force and effect.
Returning the Tag
If you wish to return your Tag or you are required to do so under the terms of these General Conditions, you must pay the costs of the returning the Tag.
All Tags must be returned by the Subscriber (at their own cost) in good working order to Emovis at Hornbeam House, Hornbeam Park, Hookstone Road, Harrogate, HG2 8QT.
Where any Tag is not sent back by the Subscriber in good working order within thirty days of cancellation of the Subscription or termination of the Subscription Agreement (as applicable), Bip&Drive will be entitled to retain the Tag Deposit. Bip&Drive will also be entitled to use legal means to recover the Tag from the Subscriber and charge all costs it incurs in recovering the Tag to the Subscriber.
The Subscriber shall not be entitled to a refund of its Tag Deposit if:
the Subscriber does not return the Tag to Emovis within the period required under clause 18.3 above; or
the Tag returned by the Subscriber is not in good working order, is otherwise damaged and isn't suitable for re-use by Bip&Drive.
Clause 18.4 above shall not apply to Tags which have been returned in exercise of the right to cancel under clause 6.2, in which case the Subscriber's liability for the return of the Tag shall be governed by clause 6.2.
Until the Tag has been returned to Emovis, the Subscriber will be solely responsible for its safe keeping.
Bip&Drive may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under these General Conditions and may subcontract or delegate in any manner any or all of its obligations under these General Conditions to any third party or agent.
Subscribers shall not, without the prior written consent of Bip&Drive, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under these General Conditions.
Amendment of General Conditions and the Subscription Agreement
We may remove, change or add to the terms of these General Conditions, the Subscription Agreement and/or the plan associated with your Subscription:
to vary any of the sums payable by you;
to conform with or anticipate any changes applicable law;
to provide for the introduction of new, reduced or improved systems, methods of operation, services or facilities;
to make them clearer or more favourable to you generally;
to ensure that our business is run prudentially and lawfully; or
to rectify any mistake that might be discovered in due course.
If we remove, change, or add to these General Conditions, we will at 30 days' notice of any change, deletion or addition, unless it is to your advantage, in which case we will give you notice as soon as reasonably after making the change, deletion or addition. If you are not happy with any of the changes, deletions or additions that we may make, you may, by giving us written notice to terminate your Subscription Agreement with us. We will refund you a pro-rata amount of any fee paid by you to us, where such fee directly relates to the period after the cancellation of your Subscription.
Except as expressly set out in these General Conditions, we will have no liability to you for any loss you may suffer as a result of the changes, deletions or additions to the terms of these General Conditions that we may make in accordance with this clause 20.
Customer Services, Complaints and Queries
If you have any queries or complaints or otherwise need to contact us, please contact Emovis' customer service team on 01423 299017 between the hours of 10:00am and 15:00 pm Monday to Friday (excluding bank holidays) (these hours may be subject to change) or using the contact form on the Website or if you have an account with us, you can submit a support request when logged into "My Account" section of the Website. Alternatively, please write to Emovis at Hornbeam House, Hornbeam Park, Hookstone Road, Harrogate, HG2 8QT. Please note that if you write to Emovis and have not paid sufficient postage charges, we may charge you for the cost of any postage that is required to pay on your behalf.
Temporary De-activation of the Tag
Emovis may inform the Subscriber that its Tag will be temporarily deactivated for maintenance. During this period, the Subscriber must pay for its journeys at the standard toll lane plazas using a different means of payment than the Vía-T Service.
The Subscriber may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Bip&Drive or Emovis without express written consent. The Subscriber may not use any meta tags or any other "hidden text" utilising any intellectual property of Emovis or related trademarks without the express written consent of Bip&Drive.
The Subscriber may not use or reproduce any Bip&Drive's or Emovis' logos or website content.
Invalidity and Entire Agreement
If any one or more of the terms of these General Conditions and/or the Subscription Agreement is, or becomes, invalid, illegal or unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other of these terms will not be affected or impaired.
The terms of these General Conditions and the Subscription Agreement (together with any documents referred to in it) constitute the entire and only Agreement between you and us relating to your Subscription. These General Conditions supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us and you, whether written or oral, relating to its subject matter. This clause will not exclude any liability in respect of statements made fraudulently prior to entering the Subscription Agreement.
Variation, Waiver and Third Party Rights
Nothing said by any sales person should be understood as a variation of these General Conditions and the Subscription Agreement. The terms of these General Conditions and the Subscription Agreement cannot be varied or waived except in writing signed by a director of Bip&Drive.
If we fail to enforce any of our rights under these General Conditions and/or the Subscription Agreement, it does not mean we will not enforce them in the future.
The General Conditions and the Subscription Agreement and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Spain. This provision does not affect your statutory rights.
Terms and Conditions v 25-10-2017
MODEL CANCELLATION FORM
CANCELLATION - BIP&DRIVE
I hereby give notice that I cancel my contract of sale for the supply of Bip&Drive's Vía-T Service.
Name of consumer:
Address of consumer:
Account reference number:
Signature of consumer (only if this form is notified in paper)
NB: Please include your tag(s) with this cancellation form to enable your tag deposit(s) to be refunded
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