Contract for the assignment for the use of mobe® electronic device for payments by means of the interoperable 'VIA-T' remote control system annexed to the General Conditions of the account in Pagatelia.
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Introduction
Pagatelia SLU is a Pagatelia is a Payment Services Provider (Non-financial entity), authorized for the issuing of electronic toll devices that work with DSRC (small range communication and can be used to pay in a limited network of service providers, which includes highways, tunnels and bridges in Spain, and is marketed under the trademark mobe®)
mobe® allows you to obtain discounts offered by concessionaires and generates and online invocing for the payments done through this device. The service is valid for the payment of different highways (in Spain or other countries), as well as both on-street and off-street parking and other services that may be included in the future.The use of the mobe® device is subject to the particular regulations of the providers in which it can be used as a payment method.
This agreement, together with Terms and General Conditions of Use constitute the agreement between you and us, associated to a Pagatelia Payment Account and falls within the framework of contractual relationship between Pagatelia and payment instruments subscribers.
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Use of mobe®
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Ownership of mobe® devices. Pagatelia assigns to the subscriber the use of the mobe® device(s) described in the application, personalised according to the data provided by the subscriber by means of which, after correct installation inside the vehicle, it will allow the client or user to pay the toll by means of the interoperable "VIA-T" Electronic Toll Collection system.
All the mobe/s® ceded to the client for its use will remain at all times the property of Pagatelia. The client is responsible for the maintenance and good state of conservation, operation and use of the assigned mobe/s®. It is expressly prohibited to the client the total or partial copy of the information contained in the mobe/s®, as well as the opening or manipulation of the same ones, not even for the substitution of the battery that is in the interior. Failure to comply with these prohibitions shall be the direct responsibility of the subscriber, by himself and by the user / s authorized by it.
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Account minimum balance: Each active mobe® device requires a minimum account balance equal to the monthly average charges.
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Automatic top-ups: Whenever your Account balance is below €15 (or €250 for Heavy Vehicles) Pagatelia is expressly authorised to top-up your Account by charging your account associated payment method. We will charge you an amount that covers the negative balance and the minimum balance (€15 for light vehicles; €250 for Heavy Vehicles, unless clause b) of this section applies).
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Blocking of your device: When the balance of your account is below the minimum balance established in this section and we are unable to collect payment from the payment instrument associated to your account, Pagatelia will notice you by sms or/and email. If after 24 hours you have not proceed to the top-up of your account by any means, your device will be blocked by Pagatelia. Pagatelia will charge you a blocking/unblocking fee.
Pagatelia may block your mobe® device if the account holder does not offer sufficient payment guarantees.
Pagatelia will not be held liable for the period of time concessionaires may need to unblock your mobe® PAN (Primary Account Number) in their network.
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Term
The agreement shall have an initial term of one year, being tacitly extended for succesive periods of one year each one, except either party informs the other by written means, at 30 days before the date of termination of this agreement.
Technical features of mobe® allow the devices to have a 5 year lifespan. You must return the device to Pagatelia in perfect working order on conclusión or termination of this contractual relation before the expiration date of the device. If the obligation to return the device is not fulfilled, fees laid out in following clause (4) may apply..
The device may be returned by postal mail (in its original package or in a protective envelope we will provide you upon request) to the following address:
Pagatelia
Apdo de Correos 57243
Pozuelo de Alarcón 28223 Madrid
You may also ask for a courier to pick up the device at your chosen address.
Once subscription is confirmed, Pagatelia shall proceed to send the mobe® to the sending address. The mobe® will be delivered in perfect conditions. Otherwise, you shall notify us by written communication within 24 hours of the reception of the mobe®.
Mobe® service does not imply any permanence commitment and you may terminate the contract at all times, according to clause 8.
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Economic Conditions and Electronic Toll Collection Invoicing
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Economic Conditions, mobe® fees: You expressly accept the payment of the following fees and authorise Pagatelia to debit your account.
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Issue or assignment fee: The price for the issue and/or assignment of the mobe® device is a single payment of for each mobe® issued and sent to the subscriber. Discounts: If at the time of subscription Pagatelia offers any discount on the website (for the subscription of a maximum number of 5 devices), or you acquire your mobe® through an authorized agent that applies you a discount or you use a discount coupon from Pagatelia’s commercial campaigns the discount will be reflected on your first invoice.
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Replacement fee: In case of replacement or renewal of the mobe®, for any caused not covered by the guarantee, you must credit the updated issue or assignment fee.
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Administration fee: you can choose among the existing plans, each one with a different administration and management rate, described below:
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- Usuario Frecuente plan: single annual payment of (recommended for subscribers planning to use the mobe® more than six months/year);
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- Tiempo Libre plan: monthly payment of , only in months in which you make use of the device (recommended for subscribers planning to use the mobe® occasionally).
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- Fórmula Fácil plan: single annual payment of . This includes 100% discount on the issue fee, 100% discount on delivery costs and 12 transaction fees () each year.
*Rates describe above refer only to the use of the Service in Portuguese and Spanish networks.
- France and Italy usage Fee: per month per country in which network you make use of the device.
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Other fees and conditions: Although the correct use of the device shall not generate any other fee not described above, depending on the configuration, special conditions and the use made, some other charges or fees may apply:
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- New mobe® issued for the lost, theft or improper handling of the device: plus shipping costs.
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- mobe® collection at your chosen address: .
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- Maintenance and administration fee for not using the account for 360 consecutive days: . The receipt will be turn on day 364 after the last day of use.
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- Sending invoices by postal mail: per mail. The client can receive the invoices via email without any additional cost.
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- Unjustified rejection of a receipt or credit card associated to the account: .
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- In the case of arrears, Pagatelia reserves the right to charge a net interest rate of 18%.
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- External payment requirements: a minimum of €60.
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- mobe® not returned to Pagatelia (after termination of the service for whatever reason), compensation of /day.
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- SMS sent to the subscriber: /sms.
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- Unblocking fee: .
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- Extraordinary administrative processes: .
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- Any new mobe® facility may involve new costs, that will be duly informed to the subscriber before proceeding to its activation.
Pagatelia reserves the right to modify the price of the services, communicating any price changes in advance through the website.
For the sake of transparency and fairness, Pagatelia will transfer to the client any costs associated for any top-up in which a third financial entity may take part.
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- Spanish bank account: .
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- Card (VISA/Mastercard) issued to individuals: .
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- Card (VISA/Mastercard) issued to companies/self-employed persons: for each recharged
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- Card (American Express): for each recharged
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- International Cards/Other Cards (e.g. issued by Carrefour Financial Services): for each recharged
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- Paypal Account: for each recharged
Pagatelia may conclude an agreement with any bank entity in order to reduce or remove the transaction costs, especially in case of bank transfers.
Every fee amount detailed in the clauses above includes VAT.
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Payment and invoicing: Pagatelia will debit subscriber’s account associated to the mobe®, for every payment made with the device, at the time in which we receive the notification.
Pagatelia keeps a register of the transaction made through the use of each mobe® assigned, based on electronic data received from electronic toll collection devices from toll roads and car parks from our payment network. Based upon these data received, Pagatelia issues a monthly invoice to the client with the sums of the transits made in Spain, and a different monthly invoice for the payments made in Portugal, to which actual taxes will be applied.
As a proof of payment of the services used in French Liber-t network and Italian Telepass network Pagatelia will send to the client a monthly statement of the transactions that will serve as a payment receipt but not as invoice.
The invoices and receipt referred to in the above provisions will be sent by email upon request and the history from the previous 12 months will be available on our website at all times in HTML and PDF formats. If you want to receive the invoices by postal mail you will be charged the amount stated in clause 4.
Pagatelia will not be liable for any delay that may be produced by concessionaires not sending transaction data by the date fixed.
Pagatelia does not have any control over discounts offered by concessionaires. Pagatelia will only apply discounts according to concessionaires’ discounts policy.
Invoices will be issued according to the Spanish tax regulation and the information received by concessionaires. In each invoice Pagatelia will include any fee or charges that may apply.
mobe® is a device for light and heavy vehicles. Toll fares are applied according to the vehicle classification identified by Automatic Classification Systems and any divergence will not justify the delay or not execution of the payment from the subscriber, without prejudice to any action or claim that the subscriber may conduct against the concessionaire, from which Pagatelia will be unconnected.
Mobe® subscription for heavy vehicles must be communicated to Pagatelia (pagatelia@verramobility.com) or some other means indicated in the contract.
Subscriber accepts as proof of the amount of the operations carried out through the use of the mobe®, the amount expressed by the Concessionaires in the register kept in the corresponding computer support identified in the details on the corresponding invoice, these registers serving as proof of charge and means of proof.
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More about Mobe®
Each and every of the mobe® electronic payment devices are property of Pagatelia, although its temporary use is ceded to the clients on the basis of the agreement reached between both parties. The decision to renew the transfer of use of the mobe®, as well as to replace it or issue new ones for other vehicles of the client, will correspond exclusively to Pagatelia. The registered technology incorporated in mobe® belongs to third parties and is subject to the rules governing intellectual and industrial property.
The mobe® devices are issued with a technical validity period of 5 years. The mobe® are not necessarily linked to a license plate, although in order to facilitate their identification and invoicing control, they can be assigned to a license plate or another system of assignment by the subscriber.
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Communications
Pagatelia will normally communicate by email with the Subscriber. All communications between Pagatelia and the client will be made based on the data contained in this contract that are recorded in the database of Pagatelia.
mobe® is an interoperable payment device for the payment of toll motorways in Spain with VIA-T. In case of variations of these circumstances Pagatelia will always offer to its clients punctual information of the services that are adhered to this means of payment.
The Subscriber undertakes to communicate to Pagatelia any modification or variation regarding the data provided, and specifically any circumstance that modifies his personal situation (change of address, bank details, etc.) or patrimonial situation (dissolution of the company, incapacity, bankruptcy procedure, etc.).
Likewise, the client undertakes to inform Pagatelia immediately of any loss, theft, copy or reproduction of data from the mobe®, as well as of any error, anomaly in the operation of the same and possible discrepancy with the data appearing in the invoices issued by Pagatelia.
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Obligations
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The customer of the mobe® device is obliged to:
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Keep and correctly use the mobe® device delivered to you as a deposit.
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Take the necessary precautions to ensure the safety of the mobe® device and the procedures that allow it to be used.
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Notify immediately the loss, theft or falsification of the mobe® device, so that Pagateliatome may take the precautionary measures that may be possible in order to prevent the improper use of the device(s).
Notification may be made through:
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- our customer service pagatelia@verramobility.com
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- the website www.pagatelia.com
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To return the mobe® device if demanded by Pagatelia by virtue of the property right that Pagatelia keeps on it in any case, when the mobe® device is blocked or cancelled, or the account on which charges are made for its use, when the client of said account revokes the authorization to carry out such charges, when the client's data included in the application for the mobe® device has been found to be false, when there has been a change in the solvency of the client which, in Pagatelia's opinion, implies insufficient coverage of the risk generated by the possession or use of the mobe® device, when there has been a breach by the client of any of the rules of this agreement or of the instructions for use, or when it has expired or has been replaced by another to be used for the same purposes.
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Accept the charge to the corresponding account of the operations that have been carried out with the mobe® device, whether they have been carried out by the client himself or by third parties with or without the client's authorisation, except in the case provided for and with the limitations set out in the following clause.
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To provide, as a matter of urgency, in the event of loss, theft or falsification of the mobe® device, a copy of the police report presented.
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Read and know the conditions of use of mobe® in the different networks of motorways and car parks (Spain, Portugal, France and Italy) that Pagatelia makes available on its website.
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Pagatelia undertakes to:
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Cancel or block mobe® devices when they have been stolen, lost or expired.
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Place a Customer Service Department at the disposal of the customer of the mobe® device, to deal with queries related to: the operation of the mobe® device; the queries of theft/loss of the mobe® device; cancellation of the account associated with the mobe® device; cancellation of the service, etc.
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Incidences
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Should the subscriber detect any type of anomaly, loss, theft, robbery, theft or intentional deterioration by third parties of the transferred mobe®/s devices, he/she must immediately notify Pagatelia Customer Service indicating the complete numbering of the affected mobe/s. This notification will necessarily imply the order to deactivate the affected mobe® and the will of the client to replace the device with new mobe/s, unless the contract is expressly terminated by the client. Pagatelia will proceed to deactivate the affected mobe®, at the latest on the working day immediately following receipt of the communication from the client, by including the data in the blocking list that Pagatelia sends to the concessionaires for this purpose.
The customer is exempt from any responsibility for the improper use of the mobe® device, from the moment he has notified the loss, theft or falsification of the mobe® device by another person. Customers' liability for fraudulent use by third parties prior to notification of loss or theft of the mobe® device shall be limited to 150 euros.
In any case, the customer will be responsible, without any limitation, for the use of the mobe® device, before or after the notification to Pagatelia of the theft, falsification of the mobe® device, if he acts with intent, gross negligence or negligence.
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In the event of a breakdown of the sensors and/or devices of the electronic toll equipment of the motorways, the reading and intercommunication between them may be replaced by manual registration by toll personnel on the motorway authorised for this purpose, or by the client, user or other occupant of the vehicle, indicating the number of the mobe® and its expiry date. Toll payments made by this exceptional means will have the same consideration as those made through the direct use of mobe®.
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Termination of the contract
This contract is for an indefinite period. Without prejudice to the foregoing, any of the parties may terminate it at any time with a minimum notice of 30 working days by written notice.
If the client decides to terminate the contract, Pagatelia will send a messenger to his home to collect the mobe® device and, once received by Pagatelia, will proceed to cancel the service, such collection will have a cost of , in accordance with clause 4. a). Similarly, the client may send the mobe® device directly to Pagatelia C/Segundo Mata, Nº6, C.P. 28224, Pozuelo de Alarcón (Madrid).
Justified causes to cancel the mobe® device assigned to the holder's payment account:
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- Failure or delay in the obligations provided for in this contract.
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- The loss or cancellation of warranties of the holder.
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- The extralimitation in the own use of the mobe® assigned to the holder.
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- By resolution or cancellation of the account of payments that the Holder has in Pagatelia.
In the event of termination of the contract, the client must return the assigned mobe® within a maximum period of ten days from the date of communication of the termination of the contract and through the service contracted by Pagatelia for this purpose. The resolution of the contract will not exonerate the Client of the payment of the invoices, fees and commissions that until the date of the effective resolution of the contract are accrued and pending of payment.
In accordance with the provisions of Article 71 of Law 3/2014 of 27 March, which amends the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007 of 16 November, the customer has the right to withdraw from the contract within 14 working days from the time the service has been contracted.
In order to exercise the right of withdrawal, the client must request it in writing to the following email address: pagatelia@verramobility.com expressly indicating his request to exercise the right of withdrawal. In any case, it is up to the consumer and user to prove that they have exercised their right of withdrawal.
Once the request for exercise of the right of withdrawal has been received, the economic amount paid will be returned by bank transfer to the account indicated by the client within a maximum period of thirty days from the receipt of the electronic toll device sent.
The exercise of the right of withdrawal requires at all times that the user has not consumed or enjoyed the service contracted. Should the user have consumed any of the services, or the contract has already been perfected, it will not be possible to exercise the right of withdrawal.
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Data Privacy
The customer expressly accepts the computer processing of personal data resulting from this contract included in the database owned by Pagatelia. Also, the client authorizes the transmission of data provided in the scope of this contract to those entities mentioned in the same or that come to be ascribed to the network of services Via-T, always for the purpose of granting benefits for the provision of services in the scope of Via-T. The client expressly accepts the possibility of inclusion of his/her data in the loyalty programs, discounts, special rates or offers that may be established and promoted directly or indirectly by Pagatelia and always within the scope of the provision of services linked to Via-T. The information about such programs will be made available to the client by Pagatelia. The customer has the right to access, rectification, modification and deletion of data included in the above-mentioned database.
The client must notify Pagatelia as soon as possible of the modification of any data provided in the contract/request for the transfer of use of mobe®.
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Return of the mobe®
The Subscriber undertakes to return, by the established method, within a maximum period of 10 days to Pagatelia:
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those mobe® that were formally requested;
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those that are replaced due to malfunction; and
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those in possession of the Subscriber at the moment of resolution, cancellation and/or extinction of the present contract.
In case of failure to return the mobe®, the holder shall be responsible for its use and shall entitle Pagatelia to collect the amounts that may be applied in accordance with the conditions.
The mobe® out of service or cancelled must be returned by the Subscriber to Pagatelia through the enabled procedure, whose conditions you will find on our website. In any case, after cancelling the device, the Holder is responsible for returning the mobe® to Pagatelia in the protective bag in which it was sent.
The device(s) can be returned by post (in its original packaging, you can also ask us for a protective envelope) to the address:
Pagatelia
C/ Segundo Mata, Nº6
C.P. 28224, Pozuelo de Alarcón (Madrid)
or request that a messenger collect your device from your home via Customer Service at pagatelia@verramobility.com Charges will apply as set out in clause 4.4..
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Transfer to third parties
Pagatelia may assign during the term of these General Conditions all or part of the rights and obligations arising therefrom to a company affiliated or participated by Pagatelia through communication to the client that may not be denied. Prior communication to Pagatelia, the client of the mobe® device may assign its use to a third party designated by him. This assignment will mean the acceptance on the part of the client of the charges that Pagatelia carries out in its accounts for the transactions carried out.
The use of the mobe® device by the third party will also be subject to the present contractual conditions. The mobe® whose use is transferred by Pagatelia may not be used by the client or by any third party as a guarantee to third parties in credit, loan or similar operations.
The Subscriber by himself and in the name of the user/s by the same authorized to whom he expressly commits to inform of the obligations of the present contract, declares to have read the complete content of the contract that precedes the acceptance of the same one.