LEGAL | EASYTRIP

Terms and Conditions

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Easytrip Terms & Conditions

Easytrip Terms & Conditions

Last Updated: 14 July 2026

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE SUBSCRIBING FOR ANY OF THE SERVICES

AGREEMENT FOR PRE-PAID PRIVATE AND BUSINESS MEMBERS

These terms and conditions (“Terms and Conditions”) govern access to and use of the Services provided by Easytrip Services Ireland Limited, a private company limited by shares registered in Ireland under company number 412690 and with its registered office at Ea House, Damastown Industrial Park, Mulhuddart Dublin 15, Dublin, D15 XWR3 (the “Service Provider”) and you (the “Member”), in relation to the supply and use of the Services.

BY TICKING THE BOX INDICATED ON OUR SIGN-UP FORM OR WEBSITE TO INDICATE ACCEPTANCE OF THESE TERMS AND CONDITIONS, SIGNING AN ACCOUNT APPLICATION FORM OR USING THE SERVICES, YOU AGREE AND ACCEPT THE FOLLOWING TERMS AND CONDITIONS WHICH WILL BE BINDING ON YOU WHEN ACCESSING OR USING THE SERVICES. PLEASE ENSURE YOU RETAIN A COPY OF THESE TERMS AND CONDITIONS FOR FUTURE REFERENCE. PLEASE NOTE IN PARTICULAR, THE LIMITATIONS OF LIABILITY IMPOSED AT CLAUSE 20.

The Service Provider may amend these Terms and Conditions from time to time as set out in clause 15. Continued use of the Services following publication of any updated terms constitutes acceptance by the Member.

Our Privacy & Cookies Policy, which forms part of these Terms and Conditions, sets out how we collect and use Personal Data. You can find our Privacy & Cookies Policy here: Privacy & Cookies Policy

These Terms and Conditions shall only be provided in the English language.

1 DEFINITIONS

1.1 In these Terms and Conditions, the following words and expressions shall have the following meanings unless the context otherwise requires:

“Account” means the Member’s account with the Service Provider to be used only by the Service Provider with respect to its Services;

“Account Application Form” means the application form (in paper format or the online form) available at the Service Provider’s Points of Sales, on the Service Provider’s Website, which can be found here: https://my.easytrip.ie/register including mobile, app, SMS and any other electronic means, and by post (upon request by a Member) to be completed by the Member prior to opening an Account;

“Account Service Fee” means an amount (plus the VAT) charged to the Member when credit is added to an Account. Regardless of the form of the credit the Account Service Fee is a fixed amount. The Account Service Fee covers costs associated with credit, security technology, Website, administration, customer services and payment provider costs;

“Administrative Monthly Fee” means an amount (plus the VAT) charged to the Member’s Account monthly for the maintenance of the Account and the insurance of the Tag(s) in accordance with these Terms and Conditions where applicable;

“Agreement” means the agreement between the Service Provider and the Member for the maintenance of an Account and for the use of the Tag(s) or any other Service offered by the Service Provider together with the Account Application Form;

“Authentication Method” means the use by the Service Provider of a Tag or any other form of electronic, digital or other authentication method or technology used to identify or verify a vehicle registration, Member or Account;

“Black-List” means the list setting out details of any Black-List Event which affect any Tags and which is automatically sent to the Service Provider’s electronic equipment in Car-Parks hourly;

“Black-List Event” means an event leading to the inclusion of the Tag on the Black-List that is provided to Toll plazas pursuant to clause 12;

“Business Day” means a day, other than a Saturday, Sunday or public holiday in Ireland, when banks in Dublin are open for business;

“Car-Park(s)” means any of the car park zones indicated on the webpage of the Service Provider. The list of compatible car park zones published may be updated by the Service Provider from time to time;

“Car-Park Fees” means the fees payable to the Service Provider in respect of the use of a Car-Park which are calculated by reference to the Class of Vehicle. Car-Park Fees may vary depending on the Car-Park;

“Charge Period” means the period in respect of which Fees are calculated and payable, as specified in these Terms and Conditions or otherwise agreed in writing between the parties from time to time;

“Chosen Top-Up Amount” means the top-up amount indicated by the Member on the Account Application Form which is equal to or above the Minimum Top-Up Amount and which is automatically taken from the Member’s bank account in accordance with the Mandatory Mandate when the Minimum Low Balance Level is reached;

“Class of Vehicle” means the class of vehicle which is used by a Member on the Toll Road or in Car-Parks, encompassing classes 2 to 8 being Class 1 Motorcycle, Class 2 Car, Class 3 Bus (25 Seat), Class 4 Bus (25 seat), Class 5 L.G.V, Class 6 H.G.V. 2 Axle, Class 7 H.G.V 3Axle, Class 8 H.G.V 4 Axle;

“Compatibility” means where a Member holding a valid entry mechanism is permitted to use and access Car-Parks;

“Consumer” has the meaning set out in Section 2 of the Consumer Rights Act 2022 (as may be amended or updated);

“Data Protection Commission” means the Data Protection Commission of Ireland, the supervisory authority for the purposes of Article 51 of the GDPR, whose principal administrative offices are at 21 Fitzwilliam Square South, Dublin 2, Ireland, or any replacement supervisory authority under the Data Protection Laws, appointed from time to time;

“Data Protection Laws” means all applicable laws relating to processing of Personal Data and privacy, including (but not limited to) the Data Protection Acts 1988 to 2018, the GDPR, the European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011 and any other applicable laws and regulations governing data protection and privacy as are in effect in Ireland and as may be enacted or enter into effect from time-to-time during the term of these Terms and Conditions;

“Easy Assist” means the vehicle breakdown assistance service offered by the Service Provider;

“ETC” means Electronic Toll Collection;

“Fees” mean the Account Service Fee, the Administrative Monthly Fee, the Car-Park Fees, the Spare Tag Fees, the Transaction Fees, the fees set out in the Schedule of Charges and any other fees and/or charges payable by the Member to the Service Provider under or in connection with these Terms and Conditions, excluding any applicable taxes unless otherwise expressly stated otherwise;

“GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);

“Inter-operability” means that a Member using a Toll Road and holding a valid Tag will be permitted to pay a Toll using ETC on the Toll Road of all operators in Ireland using a single Tag, notwithstanding whether the Service Provider or another service provider has issued such Tag;

“Mandatory Mandate” means authorisation of an automatic payment to the Service Provider for the Services which may be taken from a Member’s Account by direct debit, bank transfer, or by using a debit card or credit card;

“Member” means a Consumer who has opened a Member Account with the Service Provider and who has paid a subscription for Services, being a natural person or a company;

“Member Guide” means the instructions for the installation and use of the Tag enclosed with the packaging for the Tag and as may be amended by the Service Provider from time to time and notified to the Member;

“Minimum Low Balance Level” means the minimum balance as set out in the Schedule of Charges (excluding any applicable VAT) per Tag which the Member must maintain on his or her Account at all times;

“Minimum Top-Up Amount” means the minimum top up amount as set out in the Schedule of Charges (excluding any applicable VAT) per Account that is automatically taken from a Member’s bank account in line with the Mandatory Mandate once the Minimum Low Balance Level is reached;

“Misuse” or “Misused” means the Member’s failure to act in accordance with the provisions of clause 3.3, and including such other acts or omissions that the Service Provider may specify and notify to Members from time to time;

“Payment” means the payment by the Member to the Service Provider using the stated Payment Method;

“Payment Method” means a payment by the Member to the Service Provider using a credit card, bank account, bank transfer, debit card or direct debit;

“Permitted User” means any person permitted by the Member to use the Member’s Tag(s);

“Personal Data” means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;

“Positive Balance” means the payment of money to an Account held by the Service Provider;

“Post pay Method” means the type of Account maintained by the Member with the Service Provider where any Fees due or incurred during a Charge Period are paid by a Payment Method from time to time of the then outstanding amount from the Member’s Account;

“Prepayment” means the method pursuant to which the Member pays the Toll using the Positive Balance on his or her Account that must be equal to, or above the Minimum Low Balance Level;

“Puncture Protect” means the puncture protection and assistance service provided by the Service Provider through a Supplier;

“Rejected Payment” means a Payment which is rejected for any reason and not received by the Service Provider;

“Replacement Tag” means a Tag that is dispatched where the original Tag is faulty, lost, the battery is end of life or the Tag needs to be replaced for any other reason;

“Schedule of Charges” means the details of the charges and Fees which may be charged or taken from a Member’s Account as set out on the Service Provider’s Website which can be located here: https://www.easytrip.ie/motorway-toll-tag-pricing/

“Services” means tolling only services; and parking only services; and all other services offered by the Service Provider, under these Terms and Conditions including but not limited to the provision of any Authentication Method, Compatibility and Inter-Operability;

“Service Provider’s Points of Sales” means the physical points of sale of the Service Provider;

“Service Provider’s Call Centre” means the call centre of the Service Provider;

“Spare Tag Fee” means an amount (including any applicable VAT) charged to the Member monthly for the rental of a Tag(s) where no Services are assigned to the Tag(s) or the Member fails to return a rented Tag(s) in accordance with clause 14;

“Statement” means the monthly Account statement provided to the Member setting out the applicable Fees and such other information as the Service Provider may deem appropriate to include;

“Supplier” means the supplier of any Service which the Service Provider arranges to supply to the Member in accordance with these Terms and Conditions;

“Tag” means any compatible device to be affixed to the Member’s vehicle pursuant to the Member Guide to facilitate the identification of the vehicle in respect of the Services;

“Tag Holder” means a small device that is adhered to a windscreen in order to hold the Tag in place;

“Tag ID” means the identification number attributed to each Tag delivered to the Member;

“Tag Purchase Cost” means the price of the Tag pursuant to clause 7;

“Third Party Service(s)” means a professional organisation engaged by the Service Provider to provide information, goods or services for, and in the name of, the Service Provider to Members;

“Toll Bye-laws” means the bye-laws made pursuant to the Roads Acts 1993 to 2023 as amended in respect of any Toll Scheme;

“Toll” means the tolls leviable by any operator of a Toll Road under the terms of the relevant Toll Bye-laws and/or toll or charge payable in respect of the use of a Toll Road which tolls will be calculated by reference to the particular Class of Vehicle to which a Member’s vehicle belongs;

“Toll Road” means any Toll Scheme or other service which may be used or accessed with a Tag associated to roads operated by operators;

“Toll Scheme” means any toll scheme operated in accordance with the Roads Acts 1993 to 2023 (as may be amended or updated);

“Transaction Fees” means all breakdown associated fees, Car-Park Fees, Toll’s or other Fees which can be discharged using the Tag; and

“Website” means the Service Provider’s website at: https://www.easytrip.ie

1.2 Clause, Schedule and paragraph headings will not affect the interpretation of these Terms and Conditions.

1.3 A reference to legislation or a legislative provision is a reference to it as amended, extended or re-enacted from time to time.

1.4 Unless expressly provided otherwise in these Terms and Conditions, a reference to legislation or a legislative provision includes all subordinate legislation made from time to time under that legislation or legislative provision.

1.5 A reference to “writing” or “written” includes email.

1.6 Any obligation on a party not to do something includes an obligation not to allow that thing to be done.

1.7 References to clauses and Schedules are to the clauses and schedules of these Terms and Conditions and references to paragraphs are to paragraphs of the relevant Schedule.

1.8 Any words following the terms “including”, “include”, “in particular”, “for example” or any similar expression will be interpreted as illustrative and will not limit the sense of the words preceding those terms.

1.9 A “person” includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

1.10 A reference to a “company” includes any company, corporation or other body corporate, wherever and however incorporated or established.

1.11 Unless the context otherwise requires, words in the singular include the plural and, in the plural, include the singular.

1.12 Unless the context otherwise requires, a reference to one gender includes a reference to the other genders.

1.13 References to EURO or €, shall mean the lawful currency for the time being in Ireland.

2 SUBSCRIPTIONS

2.1 A Member shall apply to the Service Provider to open an Account using an Account Application Form.
An Account Application Form can be found on the Service Provider’s Website here: Account Application Form

2.2 The Member shall specify the following details on the Account Application Form:

(a) details of the proposed Payment Method;

(b) details of the Mandatory Mandate;

(d) whether the Member wishes to purchase a Tag or rent a Tag; and

(e) details of the vehicle on which the Member will install and use the Tag.

2.3 The Service Provider reserves the right to refuse any application for an Account and shall notify the Member accordingly.

2.4 Where an Account is opened by telephone, and the Service Provider provides the Member with a Tag, the Member will be deemed to have agreed to these Terms and Conditions the first time the Member uses the Tag, or Service.

2.5 As a Member you grant the Service Provider with the right to:

(a) negotiate with operators or owners of Toll plazas, including prepay discounts for tolling, Car-Parks and any other relevant operators or businesses on behalf of Members for existing and future services;

(b) settle disputed transactions and penalties on behalf of Members;

(d) negotiate group discounts for Members from third parties;

(e) collectively negotiate with third parties for the provision of goods or services for Members and groups of Members; and

(f) utilise any form of Authentication Method as the Service Provider deems appropriate for the provision of the Services.

3 SUPPLY AND USE OF A TAG

3.1 Subject to the acceptance of the conditions required to supply a Tag, and upon the Service Provider’s acceptance of the Account Application Form, and the Service Provider’s receipt of the Minimum Low Balance Level, the Chosen Top-Up Amount and where a Tag has been purchased, the purchase costs then payable, the Tag(s) will be issued directly to the Member either at the Service Provider’s Points of Sale or by post to the address provided on the Account Application Form (or any other address as may be later notified by the Member to the Service Provider). The Service Provider will not be liable to the Member for any compensation where the Member has not met the conditions required to supply a Tag, or if, for any other reason beyond the Service Provider’s control, it is unable to supply the Member with a Tag.

3.2 The Service Provider may offer an Authentication Method in addition to, or in substitution for, a Tag. The use of any Authentication Method shall be treated as the use of a Tag for the purposes of these Terms and Conditions, and shall be subject to the same Fees, charges and other terms applicable to Tags.

3.3 USE OF THE TAG

(a) Subject to clause 3.1, the Member shall:

(i) install and use the Tag in the relevant vehicle in accordance with the Member Guide and in accordance with these Terms and Conditions and with all applicable laws;

(ii) subject to clause 3.3(c), only use the Tag for the vehicle(s) listed and assigned and in respect of which the Tag was issued;

(iii) not transfer, sell, dispose of, damage or tamper with the Tag or use the Tag for any fraudulent or illegal purposes;

(iv) exercise all possible care to ensure that the Tag is not lost, stolen or Misused; and

(v) provide the Service Provider with all information in his or her possession regarding any loss, theft or Misuse of the Tag and take all steps as the Service Provider deems necessary to assist with the recovery of the Tag.

(b) The Member may allow a Permitted User to use the Tag subject to the terms of these Terms and Conditions which shall be brought to the attention of any Permitted User by the Member. The Member remains responsible for the use of the Tag by a Permitted User. The use of the Tag by a Member or a Permitted User remains solely at the risk of the Member.

(c) The Member shall not do anything or permit anything to be done which may constitute a Misuse of the Tag. Each Tag is issued in respect of an individual vehicle. No Tag may be moved to another vehicle unless the Service Provider has been notified in writing by the Member and has provided its prior approval to the Member.

(d) The Tag may serve only as a means of identification of the Member on Toll Roads and Car-Parks to be conducted exclusively by the Service Provider in accordance with the conditions applying generally to the use of Toll Roads and Car-Parks.

(e) The Member acknowledges that for the Tag to operate correctly, it must be installed in accordance with the Member Guide and that the failure to install the Tag in accordance with the Member Guide may prevent it from operating as intended. The Service Provider shall not be responsible for the Member’s failure to install the Tag in accordance with the Member Guide.

4 NOTIFICATIONS OF DAMAGED, DEFECTIVE, LOST OR STOLEN TAGS

4.1 In the event that a Tag is damaged, defective, malfunctioning, lost or stolen, the Member must promptly notify the Service Provider by using one of the following methods of contact:

(a) by calling the Service Provider Call Centre on: 0818 67 67 67 (or another number which may be notified to a Member);

(b) by email to: info@easytrip.ie. Emails are monitored between the hours of 9:00am to 5:00pm, Monday to Friday; or

Subject to the receipt of such notification by the Service Provider, the Member will remain liable for any use of the Tag. Following receipt of a notification by the Service Provider, the Member shall not be liable for any subsequent Misuse of the Tag.

4.2 If a Tag which was previously notified as lost or stolen pursuant to clause 4.1 is retrieved, the Tag must be returned to the Service Provider pursuant to clause 14 of these Terms and Conditions.

4.3 Following notification to the Service Provider in accordance with clause 4.1 or 4.2 above, the Service Provider shall add the Tag to the Black-List.

4.4 Replacement of Tags

4.5 Where a Tag is returned to the Service Provider by the Member pursuant to clause 4.1, the agents of the Service Provider will acknowledge receipt of the Tag either by exchanging it at the Service Provider’s Points of Sale if agreed in advance between the parties or by sending a new Tag to the address set out on the Account Application Form (or any other address as may be later notified by the Member to the Service Provider).

4.6 To the extent required by the Service Provider, a Tag may be tested at the Service Provider’s office to determine if it is functioning properly. A malfunctioning or defective Tag that, in the opinion of the Service Provider, is defective for reasons other than Misuse by the Member shall be replaced at no cost to the Member.

4.7 The Tag ID will be removed from the Black-List if the Tag was previously listed on the Black-List and the Tag ID associated with the Account will be changed.

4.8 Where a defective Tag was originally sold to a Member, such Tag will be covered under warranty by the Service Provider for a period of one year from the date on which the Tag was assigned to the Member’s Account (the “Warranty Period”).

4.9 In the event that either a rented Tag or a purchased Tag is damaged, defective, lost or stolen, or the Warranty Period has expired, the Member shall be entitled to a Replacement Tag. The Member shall be charged for the replacement of the Tag and the associated Fees where applicable.

4.10 In the event that a Member changes vehicle and requires a new Tag Holder, a charge will be taken from the Member’s Account. Details of these charges are set out in the Schedule of Charges, which can be found here: https://www.easytrip.ie/motorway-toll-tag-pricing/

5 MISUSE OF A TAG

5.1 If the Service Provider is of the opinion that a Tag has been Misused, the Service Provider shall add the Tag to the Black-List so that no further use may be made of the Tag.

5.2 The Service Provider shall not be liable to the Member for any deactivation of the Tag due to any actual or reasonably suspected Misuse of the Tag.

6 PREPAYMENT ACCOUNTS

6.1 The Member shall be permitted to open a Prepayment Account by completing an Account Application Form which can be obtained at the Service Provider’s Points of Sale, by post or online via the Service Provider’s Website. The Prepayment Account is deemed to be opened once the Account Application Form has been accepted by the Service Provider pursuant to clause 6.2.

6.2 The acceptance of an Account Application Form is subject to receipt by the Service Provider of the Minimum Low Balance Level, the Chosen Top-Up Amount and where a Tag has been purchased, the Tag Purchase Cost then payable. Once these conditions have been met and the Account Application Form has been accepted by the Service Provider, the Service Provider will issue the Tag directly to the Member either at the Service Provider’s Points of Sale or by post to the address provided on the Account Application Form (or any other address as later notified to the Service Provider). The Service Provider will endeavour to process the application within 5 Business Days from acceptance of the Account Application Form.

6.3 By agreeing to these Terms and Conditions, the Member acknowledges:

(a) once an Account is opened, the Member shall pay the Minimum Low Balance Level, the Chosen Top-Up Amount by a Payment Method and where a Member has purchased a Tag, the Tag Purchase Cost;

(b) the Administrative Monthly Fee will be automatically charged monthly in accordance with the Mandatory Mandate;

(c) following the Payment of the Chosen Top-Up Amount once an Account is opened, the Chosen Top-Up Amount will be automatically charged in accordance with the Mandatory Mandate;

(d) the Member agrees to maintain sufficient funds or maintain the credit limit on their Account required to pay the Administrative Monthly Fee;

(e) the Account Service Fee will be automatically charged when credit is applied to an Account;

(f) upon request, the Member may receive by email, at no cost, a warning each time the Minimum Low Balance Level is reached on the Member’s Account. If the Member chooses to receive this warning by SMS, there may be a cost associated, details of which are set out in the Schedule of Charges which can be found on our Website here: https://www.easytrip.ie/motorway-toll-tag-pricing/;

(g) the Fees related to any Service provided by the Service Provider will be payable through the identification of the Member through their Tag or any Authentication Method;

(h) the Toll and the Car-Park Fees payable in respect of the use of any Toll Road or Car-Park and Fees relating to any other Services may be increased from time to time and any such increases shall, subject to these Terms and Conditions, be binding on the Member;

(i) the Member must notify the Service Provider in writing within 24 hours if he or she cancels or alters their Payments or Mandatory Mandate in any way. The Member shall be required to provide all necessary details as the Service Provider may require;

(j) the Member is not entitled to interest on any sums which may be received by the Service Provider pursuant to these Terms and Conditions;

(k) the Member must notify the Service Provider of any change to the Class of Vehicle on his or her Account as well as details of any change of address or registered office, as the case may be within 7 days of the occurrence of the change;

(l) the Member must notify the Service Provider of any changes with respect to his or her credit card or debit card details and/or bank account information as set out on the Account Application Form;

(m) that their bank may forward up to date details of the relevant credit card or debit card, when the card expires or needs to be replaced for any reason depending on the banking arrangement and that it is the obligation of the Member to inform the Service Provider of any such changes;

(n) in the event the Member uses his or her Tag with vehicles in a different Class of Vehicle from the Class of Vehicle indicated on the Account Application Form, the Service Provider will charge the Member the Tolls and Car-Park Fees applicable to the Class of Vehicle to which the Tag relates when used; and

(o) the Service Provider may apply a Spare Tag Fee to any rented Tag(s) on an Account where no Services are assigned.

6.4 The Member acknowledges and agrees that with respect to Inter-operability and Compatibility:

(a) the Member will be able to pay for a Toll by means of ETC in respect of Toll Roads unless he or she has chosen parking only services;

(b) the Member will be able to pay the Fees relating to any other service provided by the Service Provider;

(c) the Member will be able to his or her chosen Services at any time by amending the Account status and such amendments will take effect within 24 hours;

(d) the Service Provider shall be entitled to payment of the Fees in accordance with clause 7; and

(e) in the event that a Member purchases a tag through another service provider or operator and wishes to use that tag in a vehicle which has a Tag attached to it, the Service Provider shall not be responsible for any dysfunction of either tag which may occur.

7 PAYMENT OF THE FEES

7.1 The Service Provider shall be entitled to payment of the Fees.

7.2 The Service Provider does not determine the Class of Vehicle, Toll and/or Car-Park Fees charged at the Toll Roads and/or Car-Parks. Such charges are determined by the operators of the Toll Roads and/or Car-Parks in accordance with either the relevant Toll Bye-Laws or the Car-Park operator, whichever is applicable.

7.3 Charges relating to other services offered by the Service Provider shall also be paid by the Member to the Service Provider in accordance with the relevant charge for the service as provided for in the Schedule of Charges.

7.4 The Member acknowledges that the VAT in respect of Toll is collected by the Service Provider on behalf of Toll Road operators. From time to time, Car Park operators may run seasonal or one-off promotions which will not be applicable to a Tag and which as a result, may not be available to Members.

7.5 Each time a Tag is used on a Toll Road or in a Car-Park, or for another service whether by the Member or by anyone else, authorised or not, the Toll or Fee shall be paid by the Member. Should the Tag fail to properly discharge the Toll or Car-Park Fees at the Toll Road or Car-Park for any reason, or the Fee for another service, the Toll Road or Car-Park operator or Supplier will request the Member to pay the Toll or Car-Park Fees by cash or credit card (or other means of payment).

7.6 Where a Rejected Payment occurs, the Member’s Account shall be added to the Black-List and shall be considered to be a Black-List Event pursuant to clause 12.

7.7 The Service Provider must be notified of any dispute(s) of all Fees appearing on a Member’s Account immediately but no later than 30 days of the charge being applied to the Member’s Account. All disputes are subject to a review and approval by the respective Toll Road operator, Car-Park operator or other operator. The Service Provider may require additional documentation or evidence from the Member as may be necessary.

7.8 The Service Provider reserves the right to apply an Account Service Fee at any time.

7.9 There may be a higher applicable Administrative Monthly Fee applied to Accounts where the Member has rented their Tag. In such cases, the Service Provider will notify the Member of the applicable Administrative Monthly Fee.

7.10 Where a Member purchases a Tag instead, the applicable Administrative Monthly Fee shall apply from the month following the purchase of the Tag where applicable.

7.11 Unless a Member cancels before the end of the then current monthly billing period, the subscription will apply on a recurring basis and will automatically renew for successive periods of the same duration.

7.12 Where a Member purchases Easy Assist or Puncture Protect, such memberships will apply on a recurring basis and will automatically renew after one year and will automatically renew for successive periods of the same duration. Details of charges in relation to Easy Assist and Puncture Protect are set out in the Schedule of Charges, which can be found here: https://www.easytrip.ie/motorway-toll-tag-pricing/. If a Member wishes to cancel or remove Easy Assist or Puncture Protect, he or she may cancel their subscription pursuant to clause 13.2 of these Terms and Conditions.

7.13 The Service Provider shall refund the Member in the following circumstances:

(a) following termination of these Terms and Conditions pursuant to clauses 13 and 14; or

(b) where an incorrect charge has been applied by a Toll collector or other service provider.

8 MEMBER STATEMENTS

8.1 The Service Provider shall provide a monthly Statement to the Member setting out the transaction history.

8.2 The Member may also, by request, obtain a paper copy of any Statement (at an additional nominal charge). All applicable charges together with the Administrative Monthly Fee shall be payable by the Member to the Service Provider.

8.3 The Member may also request a copy of the Statement from time to time as may be reasonably required by the Member.

8.4 Where these Terms and Conditions are terminated pursuant to clause 13, the Service Provider shall, within 30 days of termination, provide a Statement setting out:

(a) the total amount received from the Member;

(b) the total Fees received from the Member;

(c) any other information which the Service Provider deems appropriate to include since the last Statement was issued to the Member.

9 FEE INCREASES

9.1 Details of all Fees are set out in the Schedule of Charges which can be found on our Website here: https://www.easytrip.ie/motorway-toll-tag-pricing/

9.2 The Service Provider may increase the Fees as set out in clause 15.1.

9.3 If the Member does not wish to accept such increase, the Member may cancel his or her subscription or terminate these Terms and Conditions by giving the Service Provider notice before such increase takes effect. Upon such termination, these Terms and Conditions shall terminate on the date on which the increase would have otherwise taken effect, and the Member stops using automatic Account top-up. No further Fees shall be payable by the Member in respect of the Services following that date.

9.4 If the Member does not notify the Service Provider that he or she wishes to terminate these Terms and Conditions before the price increase takes effect, and continues to receive the Services following that date, the Member will be deemed to have accepted the revised Fees. Any termination under this clause shall be without penalty.

10 THIRD PARTY/SUPPLIER LINKS AND CONTENT

10.1 The Service Provider’s Website may contain links to third party websites, applications, or services that are not owned or controlled by the Service Provider. The Service Provider has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.

10.2 The inclusion of any link on the Service Provider’s Website does not imply endorsement by the Service Provider of the linked website or any association with its operators.

10.3 The Member acknowledges and agrees that the Service Provider shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance of any content, goods, or services available on or through any third party websites.

10.4 Any terms and conditions and privacy policies of any third party websites should be reviewed.

11 RIGHT OF CANCELLATION AND WITHDRAWAL BY A MEMBER

11.1 Where a Member is a Consumer, he or she has a statutory right to withdraw from these Terms and Conditions by notifying the Service Provider within a period of 14 days of the date on which these Terms and Conditions is concluded in accordance with EU Directive (EU) 2023/2673, which applies without a requirement to provide a reason for withdrawal and without incurring any penalty for withdrawal. To exercise the right of withdrawal, please contact us via the instructions set out on our Website which can be found here: https://www.easytrip.ie/easytrip-service-centre. The Service Provider will acknowledge receipt of the withdrawal request by email without undue delay.

11.2 Where a Member exercises his or her right to withdraw from these Terms and Conditions, the Member will return any Tags to the Service Provider within 10 days in their original packaging and at the cost of the Member. Upon receipt of any returned Tags, the Service Provider will reimburse the Minimum Low Balance Level, the chosen Top-Up Amount and the Tag Purchase Cost where a Member purchased a Tag.

12 BLACK-LISTING

12.1 The following events shall be considered as Black-List Events:

(a) Where the Minimum Low Balance Level is reached and the Service Provider fails to automatically top-up the Member’s Account;

(b) Where a Rejected Payment has occurred pursuant to clause 7.6;

(c) Where a Member and/or the Member’s bank fails to notify the Service Provider of any changes or updates to his or her credit card, debit card or bank account details;

(d) Where a Tag is stolen, lost or damaged pursuant to clause 4; or

(e) Misuse of a Tag.

12.2 The Member will be notified of a Black-List Event by email or by SMS if requested by the Member which shall incur a charge. On the occurrence of a Black-List Event, the Service Provider and its agents will be permitted to deactivate the relevant Tag and include details on the Black-List. The Member shall not be entitled to use the Tag until the Black-List Event has been remedied.

12.3 In the case of the occurrence of the Black-List Events as set out in clause 12.1, the Member will be required to use an alternative Payment Method or arrange to have his or her credit card, debit card and/or bank account details updated as appropriate. The Member shall notify the Service Provider when the Payment Method has been remedied so that the Service Provider may automatically top-up the Member’s Account.

12.4 In case of the occurrence of the Black-List Event as set out in clause 12.1(d), clause 4 of these Terms and Conditions shall apply.

12.5 In case of the occurrence of the Black-List Event as set out in clause 12.1(e), clause 13 of these Terms and Conditions shall apply.

12.6 If the Member fails to remedy the Black-List Event within 14 days, the Member’s Account shall be closed, and these Terms and Conditions shall be terminated pursuant to clause 13.

13 TERMINATION

13.1 The Service Provider may terminate these Terms and Conditions at any time by providing prior notice to the Member if any of the following occurs:

(a) the Member has cancelled or altered his or her Mandatory Mandate for whatever reason;

(b) having been notified of a Black-List Event, the Member is still in breach of its obligations for 14 days or more (or such other reasonable term as the Service Provider may determine from time to time) after the Black-List of the Tag;

(c) where the Member, in the opinion of the Service Provider, is liable for Misuse or has made use of the Tag in an unauthorised or unlawful manner pursuant to clause 5 and this is not remedied within 14 days; or

(d) the Member is in material breach of any other terms of these Terms and Conditions and if such breach is incapable of remedy or such breach fails to be remedied within 30 days following notice from the Service Provider.

13.2 These Terms and Conditions may be terminated by either party by giving 7 days’ notice to the other party in writing.

13.3 For the avoidance of doubt, if a Member’s Account remains inactive for a period of 6 months or such other period as the Service Provider may otherwise advise, the Service Provider reserves the right to close the Member’s Account and these Terms and Conditions shall be deemed to be terminated. Any unused credit will be forfeited.

14 CONSEQUENCES OF TERMINATION

14.1 Upon receipt of a notice of termination, the following actions will be taken:

(a) the Member will return the Tag(s) within 10 days to the Service Provider where applicable. If a purchased Tag is returned to the Service Provider following expiry of the Warranty Period, no refund will be provided;

(b) upon request by the Member, the Service Provider will provide a Statement to the Member pursuant to clause 8.4 and a refund will be provided for the sum equivalent to the Positive Balance where such Statement indicates a Positive Balance on the Member’s Account. Such refund will be provided using either the same Payment Method or as otherwise agreed between the Member and the Service Provider; in any event the Member will not incur any fees as a result of such refund;

(c) the Service Provider shall refund the Positive Balance of a Member’s Account pursuant to clause 7.13, less any costs associated with a rented Tag which has not been returned and other costs payable by the Member under these Terms and Conditions;

(d) if the Member has subscribed to more than one Tag, they are entitled to return a rented Tag at any time by post or by delivering it to the Service Provider’s Points of Sale. If a Member has more than one Tag, his or her Account shall not be deemed to be closed and the other Tags on the Account may continue to be used. The Administrative Monthly Fee shall be adjusted appropriately to reflect the number of Tags being used by a Member;

(e) where a Member fails to return a rented Tag(s) within 10 days of being required to do so, or if a rented Tag is returned damaged or tampered with, the Service Provider may impose a charge (see Schedule of Charges here: https://www.easytrip.ie/motorway-toll-tag-pricing/). Such charge shall be payable to the Service Provider from the Minimum Low Balance Level;

(f) the Service Provider may apply a Spare Tag Fee to unreturned rented tag(s) on an Account where no Services are assigned until the Tag is returned in accordance with this clause 14.

14.2 The Member shall be liable for any and all outstanding Fees following the termination of these Terms and Conditions. If such outstanding Fees are not promptly discharged, the Member will be liable for any additional service charges, fines, or penalties, in accordance with applicable law.

14.3 Any consequences of termination of these Terms and Conditions pursuant to this clause shall be without prejudice to any other rights or remedies accrued to each of the parties.

15 AMENDMENTS TO TERMS AND CONDITIONS

15.1 The Service Provider may amend these Terms and Conditions by providing the Member with at least 14 days’ prior written notice in advance of their effective date by posting an updated version of these Terms and Conditions on the Website and by sending an email to the Member. The Member shall be deemed to have accepted the updated Terms and Conditions on the earlier of the expiry of 14 days from the date of notification by the Service Provider and the Member’s continued use of the Services following notification.

15.2 If the Member does not wish to accept the updated Terms and Conditions, the Member may cancel their subscription pursuant to clause 13.2 of these Terms and Conditions.

16 MARKETING

16.1 Where the Member has opted in to receive marketing communications, the Service Provider may use the Member’s Personal Data to send the Member information about the Services, promotions, offers, events and other marketing communications. When the Service Provider provides the Member with marketing information, it may do this by SMS, email, phone, post, or through any other contact channel which the Member has registered with the Service Provider and which is relevant to the purposes of the specific Service as set out in our Privacy & Cookies Policy. The Service Provider may contact the Member during the provision of the Services and for a reasonable period of time following any expiry or termination of the Services.

16.2 The Member may opt out of receiving marketing communications at any time by clicking the unsubscribe link included in any electronic marketing communication, updating their marketing preferences, or contacting the Service Provider using the following contact details:

Data Protection Officer
privacy@easytrip.ie
Easytrip Ireland
EA House, Damastown Industrial Park, Mulhuddart, Dublin 15, D15 XWR3.

16.3 If a Member decides to opt out of receiving marketing communications, this will not affect the Service Provider’s ability to send Service related or administrative communications necessary for the performance of the administration of the Member’s Account or the Services.

17 DATA PROTECTION

17.1 Any Personal Data provided by a Member or third parties will remain confidential and will be retained securely and in accordance with the Data Protection Laws. The Service Provider may need to share the Personal Data with appointed agents and third party service providers who have been assigned by the Service Provider including but not limited to, CarTow, Best Drive, Maxol and other car parking operators.

17.2 The Service Provider will not keep any Personal Data it holds in relation to a Member for any longer than is necessary for the provision of the Services or any other services which the Member may avail of. The Service Provider records all calls both inbound and outbound for verification purposes and such calls may be monitored for training, and quality purposes and in order to detect and prevent fraud.

17.3 The Service Provider will use your Personal Data for a variety of purposes including but not limited to:

(a) operating, developing, providing, promoting, and improving the Services;

(b) to provide the Services to the Member; and

(c) subject to consent of the Member, for the provision of marketing information about the Services or those provided by Third Party Services as set out in clause 16.

17.4 The Service Provider may collect Personal Data from a Member in a variety of ways, including, but not limited to, when Member’s visit the Service Provider’s Website, and interact with the Website including but not limited to, completing any online forms, placing any orders and availing of services, features or resources which may be available. To avail of such Services, features or resources, a Member may be asked for his or her Personal Data.

17.5 The Service Provider will collect Personal Data from Member’s where they voluntarily submit such information. A Member shall have the right to refuse to provide the Service Provider with such Personal Data, but in such case, the Member may not be able to avail of any Services, features or resources as a result. As part of routine administration, the Service Provider shall collect statistical information such as page views, and browser statistics. Where possible such details shall be collected on an anonymous basis and shall not be provided or disclosed to any third parties.

17.6 Where the Member has provided his or her consent, the Service Provider will use the location and Service usage data to provide certain services or functionality or to better understand the Member’s usage of the Services.

17.7 The Member is encouraged to review the Service Provider’s Privacy & Cookies Policy which forms part of these Terms and Conditions, and which is available here: Privacy Policy | Easytrip Ireland – Your Data & Security

18 NOTICES AND COMMUNICATION

18.1 Where a notice is required to be provided in writing pursuant to these Terms and Conditions, such notice shall be sent:

(a) To the Service Provider: by registered post or by delivery to: Easytrip Services Ireland Limited, Ea House, Damastown Industrial Park, Mulhuddart Dublin 15, Dublin, D15 XWR3 or by email to: info@easytrip.ie

(b) To the Member: by posting an updated version of these Terms and Conditions on the Website and by sending an email to the Member.

18.2 Any notice or other communication so served shall be deemed duly served 48 hours after posting or upon delivery or at the time of transmission or sending depending upon whether it is sent by post, delivered, or by email respectively.

19 FORCE MAJEURE

19.1 If the use of any of the Services is prevented or hindered by any matter beyond the control of the Service Provider including but not limited to acts of God, acts of government, strikes, lockouts, industrial disputes, winds, fire, lightning, aircraft, explosion, flooding, drought, riots, industrial action, strikes, lock-outs, civil commotions, acts of war, damage to or destruction of premises or equipment, in each case not attributable to the party seeking to rely on such event, interruption or failure of a utility service or telecommunications network, or theft then the performance of these Terms and Conditions shall be suspended without any liability on the part of the Service Provider until such prevention or hindrance comes to an end.

20 LIMITATIONS ON LIABILITY

THE MEMBER’S ATTENTION IS DRAWN TO THE PROVISIONS OF THIS CLAUSE IN PARTICULAR.

20.1 To the maximum extent permitted by law, any and all liability of the Service Provider (whether under contract, tort (including negligence) or otherwise) arising out of or in connection with a Tag (including without limitation, the Tag failing to function, being included in the Black-List, deactivated or the Misuse of the Tag) or the Services are hereby excluded.

20.2 Neither the Service Provider nor its agents will have any obligation or liability with respect to the Member’s use or the performance of the Tag.

20.3 The Service Provider shall not be liable to the Member for any loss of profits, goodwill, business opportunity or any type of special, indirect or consequential loss incurred by the Member, whether directly or indirectly, arising under or in connection with these Terms and Conditions.

20.4 The Service Provider’s total aggregate liability for any and all claims arising under or in connection with these Terms and Conditions and the provision of the Services, shall not exceed the Fees paid by the Member to the Service Provider in the twelve months immediately preceding the event giving rise to the claim.

21 DISCLAIMERS AND WARRANTIES

21.1 The Service Provider’s Website and its content are provided on an “as is” and “as available” basis without any warranties, representations, or undertakings of any kind, either express or implied and are hereby excluded.

21.2 To the fullest extent permitted by applicable law, the Service Provider disclaims all warranties, including but not limited to:

(a) any implied warranty of merchantability, fitness for a particular purpose, or non-infringement;

(b) that the Website will be available on an uninterrupted, timely, or error-free basis;

(d) the accuracy, completeness, or currency of any content on the Website.

21.3 Nothing on the Service Provider’s Website constitutes legal, financial, tax, medical, or other professional advice. You should obtain appropriate professional advice before taking or refraining from taking any action based on information available on the Website.

21.4 The Member acknowledges that he or she has not relied on any representation or warranty not expressly set out in these Terms and Conditions.

22 ASSIGNMENT

22.1 The Service Provider may assign, transfer or otherwise dispose of its rights, obligations and interest in or under the Agreement to any person at any time. The Member may not assign, transfer or otherwise dispose of his or her rights, obligations and interest in or under the Agreement.

23 RIGHTS AND REMEDIES

23.1 The rights and remedies herein are cumulative with, and not exclusive of, any rights or remedies provided by law.

24 SEVERABILITY

24.1 If any provision of these Terms and Conditions is found to be unenforceable, the remaining provisions will continue in full force and effect.

25 NO WAIVER

25.1 Failure by either party to enforce any provision of these Terms and Conditions shall not constitute a waiver of the right to enforce it in the future.

26 ENTIRE AGREEMENT

26.1 These Terms and Conditions, the Schedule of Charges, the Privacy & Cookies Policy, and any other documents expressly incorporated by reference, constitute the entire agreement between the Member and the Service Provider and supersede all prior agreements, representations and understandings.

27 GOVERNING LAW AND JURISDICTION

27.1 These Terms and Conditions are governed by the laws of Ireland. Any disputes arising out of or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of Ireland.

28 CONTACT INFORMATION

28.1 If you have any questions about these Terms and Conditions, please contact us:

(a) By email: info@easytrip.ie

(b) By post: Easytrip Services Ireland Limited, Ea House, Damastown Industrial Park, Mulhuddart Dublin 15, Dublin, D15 XWR3.

(d) Online: https://www.easytrip.ie/easytrip-service-centre/

DKV Fuel Card - Terms & Conditions

Table of contents

Part A GENERAL PROVISIONS
1. Scope of the General Terms and Conditions (DKV-T&Cs)
2. Purpose of contract, establishment of contract, and credit limit
3. Legitimation objects and intended purpose
4. Third parties authorised to use the LEOs
5. Use of LEOs; verification
6. Ownership of LEO, replacement, return, and blocking of LEOs to be handed over
7. Duties of care, liability of the customer and release from liability
8. Establishment of individual contracts for the procurement of deliveries and products/services
9. Prices and service fees as well as other costs and expenses
10. Invoicing, verification of invoice and determination of invoice amount, objections/claims, direct debit
11. Due date and interest for default, exceedance of the term of payment, payment conditions, offsetting and right of retention.
12. Prohibition of usage and blocking
13. Termination of the business relationship; informing of service partners
14. Retention of title for deliveries and products/services
15. Notification of defects and liability for defects
16. Liability
17. Statute of limitations
18. Provision or augmentation of securities
19. Information; customer’s obligation to notify

Part B PROTECTED CUSTOMER AREA AND DKV E-INVOICING
20. Online access to DKV’s protected customer area
21. E-invoicing

Part C INCLUSION OF SERVICE PARTNER GUIDELINES, TERMS OF USE, DEVICE-SPECIFIC INSTRUCTIONS, AND TOLL GUIDELINES

22. Inclusion of service partner guidelines, terms of use, and device-specific instructions
23. Consolidation of toll guidelines

Part D FINAL PROVISIONS
24. Transfer of contract
25. Choice of law
26. Severability clause
27. Place of jurisdiction
28. Confidentiality of individual contractual terms
29. Processing of data and data protection
30. Validity and interpretation for foreign customers

Part A GENERAL PROVISIONS

1. Scope of the General Terms and Conditions (DKV-T&Cs)
a.) General scope: These General Terms and Conditions (“DKV-T&Cs”) apply for the entire contractual relationship, between DKV EURO SERVICE GmbH + Co. KG, Balcke-Dürr-Allee 3, 40882 Ratingen, Germany (“DKV”) and the DKV customer (“customer”) in the respective prevailing version. Upon termination of the contractual relationship, these DKV-T&Cs shall continue to apply until the complete fulfilment of the business relationship. Conflicting or deviating terms from the customer are not binding even when DKV fulfils the contract without explicitly objecting to such terms. This version supersedes all earlier versions of the General Terms and Conditions.

b.) Validity of other special terms: For special deliveries and products/services and/or legitimation objects (hereinafter also “special products/services”), DKV may specify special terms (hereinafter “special terms”). Special products/services may include e.g.: electrical and gas-powered transportation, toll and vehicle services, digital services, as well as those which serve the procurement of deliveries and products/services outside the scope of the Federal Republic of Germany, e.g. in countries with special regulatory requirements. Generally, special terms for special products/services can be viewed on the website www.dkv-euroservice.com/bedingungen-und-richtlinien or in the protected customer area of the DKV Online Service (www.dkv-euroservice.com/portal/en/web/customers/bedingungen-und-richtlinien), where the respective prevailing versions are posted. Upon utilisation of the special products/services, the special terms become a component of the contract if this is not already the case. Furthermore, special terms for special products/services can also be agreed upon separately between DKV and the customer, whereby in this case it is sufficient that the customer submits to DKV an application for procurement of a special product/service after DKV has pointed out the validity of the special terms within the procedure intended for the application. Special terms for special products/services take precedence over these DKV-T&Cs, even when they contain provisions which deviate from these DKV-T&Cs or which contradict them. They may be put into force or modified by DKV according to the provisions applicable for modifications to the DKV-T&Cs (section 1 (c)). Upon request by the customer, DKV shall provide the customer with the special terms on paper.

c.) Modifications: DKV is entitled to modify these DKV-T&Cs with effect for the future. DKV shall inform the customer of this in writing without the modified terms needing to be conveyed in their entirety; it shall suffice to provide notice of the fact of the modification, also in electronic form. The respective prevailing DKV-T&Cs can be freely accessed on the website at www.dkv-euroservice.com/agb. If it is not possible to access them in this manner, DKV will send the customer the DKV-T&Cs at no cost upon request either electronically (e.g. email) or on paper (e.g. via snail mail). Unless the customer objects in writing within two months of receipt of the notification of the modification, he shall be seen as having consented to the modification. DKV shall point out the right of objection in the respective notification of modification.

2. Purpose of contract, establishment of contract, and credit limit

a.) DKV allows its customers to cashlessly acquire or utilise deliveries and products/services related to the operation of a motor vehicle and which are offered via DKV from contractually affiliated service partners and their service points (“service partners”).

b.) The business relationship between DKV and the customer is established either based on a written contract between the customer and DKV or an application submitted by the customer, with which he accepts and acknowledges these DKV-T&Cs as well as DKV’s confirmation letter, but no later than upon acceptance of the legitimation objects (“LEOs”) sent to the customer by DKV.

c.) In the confirmation letter/contract, DKV grants the customer a particular credit limit (“CR”) and a certain payment term. The customer is only permitted to use the LEOs specified in section 3 within the confines of the credit limit granted by DKV and in accordance with his credit rating and liquidity situation to the extent that payment of DKV claims when they are due is guaranteed. The CR is the maximum amount up to which the customer is allowed to utilise DKV’s deliveries and products/services. The customer shall undertake to remain apprised of the current status of his CR via the DKV customer service or via the protected customer area of the DKV Online Service (currently DKV Cockpit). DKV is entitled to monitor adherence to the CR. Specific mention is made here of the right to block all LEOs pursuant to Section 12 (b) (1). Even when the CR granted is exceeded via the usage of the LEOs, DKV shall be entitled to require payment of the deliveries and products/services or other costs incurred as a result of the unauthorised usage of the LEOs.

d.) DKV is entitled, according to reasonable discretion, to unilaterally increase or reduce the CR pursuant to section 315 of the Civil Code (BGB) and shall inform the customer of this in a suitable form chosen at DKV’s discretion: by phone, via email, or in other text form. At the same time, the modified credit limit will be accessible for the client via the protected customer area of the DKV Online Service (currently DKV Cockpit). DKV is permitted to perform the reduction of the CR with a notice period of at least 5 days and for cause with immediate effect. In particular, cause is given when one of the reasons specified in section 12 (b) exists. The amount of the reduction is to be determined according to reasonable discretion. DKV may grant an increase in the CR with immediate effect. The customer can also agree upon an increase in the CR with DKV. This increase requires written confirmation from DKV.

e.) If the customer also utilises deliveries and/or products/services of other companies in the DKV Group, DKV may also define the credit limit as the maximum amount up to which the customer is permitted to utilise deliveries and/or products/services from various companies in the DKV Group (“overall credit limit”).

3. Legitimation objects and intended purpose

For the fulfilment of the contractual purpose, DKV provides, based on the information in the customer application itself or together via affiliated partners, the customer with one or more cards, DKV Mobile CARD Application(s) (“app”) or other devices and equipment for recording the deliveries or products/services utilised, which in these DKV-T&Cs are jointly referred to as legitimation objects (“LEOs”).

a.) Cards issued and/or distributed by DKV: The cards issued and/or distributed by DKV, both currently and in the future (“CARDs”) such as the DKV CARD and co-branded cards entitle the customer, within the validity period specified on the CARD and where indicated, for the specified motor vehicle, to cashlessly acquire goods or utilise work performance and services as well as other products/services from the domestic and overseas service partners contractually affiliated with DKV, in certain cases also directly from DKV, exclusively for commercial and vehicle-related purposes. Private usage is prohibited. The entitlement to procure goods or utilise work performance and services as well as other products/services can be limited by DKV — where intended — by a permission level (restriction code = RC) and card type, which is visible from the card, selected by the customer during the submission of the application. For any other authorised usage of the CARD, the customer cannot, in later objections to invoices, claim that the use of the CARD for goods acquisition or for the utilisation of work performance, services, or other products/services did not serve a commercial and vehicle-related purpose.

b.) DKV Mobile CARD Application (“app”): The DKV Mobile CARD Application grants the customer the usage of a CARD in an electronic fashion. The respective special usage and licensing terms designated by DKV apply for the app. The use of the app requires the customer to provide a compatible mobile end device that is free from malicious software (viruses/trojans etc.) and serviceable in every regard, as well as the compatibility of the operating system on the end device used with the (e.g. in the respective app store) designated operating system. Furthermore, the end device used requires internet access, which may incur additional costs for the customer. Other than the download for the installation of the app, DKV provides neither hardware (e.g. mobile end devices) nor software (e.g. firmware/ operating system) nor mobile telephony services. DKV does not provide any guarantee that the customer’s mobile end device will be compatible with the technical requirements for usage of the app. Furthermore, DKV does not provide any guarantee that the products/services of the mobile carrier to be chosen by the customer will be sufficient for using the app, for example with regard to network coverage, existing mobile service capacities, breakdowns or malfunctions etc.

c.) Other devices and equipment for recording data: In addition, either itself or via service partners, DKV also provides other devices and equipment from DKV (“proprietary devices”) as well as from service partners (“third-party devices”) which serve to allow for products/services to be utilised and/or such use to be recorded, in particular with regard to road use fees (toll). Applications for proprietary and third-party devices can either be viewed by customers at www.dkv-euroservice.com, or they will be provided in the protected customer area of the DKV Online Service. The applicable device instructions and guidelines for the respective devices will become a component of the contract upon the devices being handed over, if this is not already the case. The respective current guidelines for proprietary devices can be viewed at any time either in the protected customer area of the DKV Online Service or on the website www.dkv-euroservice.com. In addition, for DKV’s device-specific instructions and guidelines, the provisions for special terms (section 1 (b)) apply. The customer shall handle all devices carefully and gently. Usage is only authorised for commercial and vehicle-related purposes; private usage is prohibited.

d.) Signatureless ordering and management of LEOs: Where intended by DKV, the customer may, via a form sent to DKV via email or via a DKV Online Service Portal (e.g. DKV Toll Online Manager), apply for LEOs or place orders related to the management of the LEOs (e.g. disable cards). DKV points out explicitly that reference is made to the legally binding nature of the order, including the inclusion of special terms and/or guidelines (cf. sections 1 (b) and 22), either in the form transmitted or within the DKV Online Service Portal, and that no signature from the customer is then required.

e.) Use of the LEOs in Italy: In cases where DKV has entered into a subscriber agreement with Italian suppliers for the ordinary and usual requirements for certain goods as defined in Art. 1559 of the Italian Civil Code (“Codice Civile”) and/or entered into a service contract and/or contract for work and labour with such suppliers, the LEO entitles the customer and his vicarious agents and assistants to utilise regularly recurring and continuous deliveries of certain goods as defined in Art 1559 Codice Civile for ordinary and usual requirements and/or to utilise the services at their service points cashlessly. Information on existing subscriber agreements and/or service contracts and/or contracts for work and labour with Italian suppliers can be found on the DKV website (www.dkv-euroservice.com). The customer shall be notified of changes to existing contracts with Italian suppliers periodically, generally quarterly, in the information line of the consolidated invoice, accompanied by the note that the details of the relevant modifications can be accessed by the customer on the aforementioned website. All other goods, work performance or services utilised cashlessly via a LEO in Italy shall be provided to the customer as third-party deliveries.

f.) Performance of actions and legal transactions for the customer: Where permitted by the service partner pursuant to section 3 (c), DKV is entitled to perform the registration and administration (e.g. modification of vehicle and customer data) of the LEO for the customer with the service partner and to perform legal transactions for this purpose if they correspond to the actual or presumed will or interest of the customer.

4. Third parties authorised to use the LEOs

a.) Third parties authorised for use: The usage of the LEOs by persons other than the customer and his vicarious agents and assistants or for vehicles other than those specified (“third parties”) requires prior written consent from DKV or a written agreement.

b.) Naming of third parties: At any time, DKV may require that the customer specify the third parties which the customer has handed the LEO over to for usage, in addition to providing their addresses and samples of their signatures. If the customer does not comply with this request, DKV shall be entitled to prohibit further usage of the affected LEOs with immediate effect.

c.) Subcontractors: In individual cases and where permissible, DKV may, based on a separate written agreement with the customer and his subcontractor, permit the LEO to be transferred to the subcontractor. For every such transfer to a subcontractor, the customer and the subcontractor shall be jointly and severally liable. The details of this transfer between DKV, the customer, and the subcontractor are to be agreed upon in writing.

5. Use of LEOs; verification

a.) Legitimation verification: The service partners have the right to verify the authorisation of the owner of the LEO, but are not obliged to do so. For this purpose, they may require the owner of the LEO to present official identification documents, the registration certificate of the motor vehicle or the vehicle lease contract, and decline deliveries and products/services if there exists the suspicion that the LEO deployed is used in an unauthorised fashion, expired, or blocked.

b.) Debit voucher and voucher verification: If a debit voucher/delivery slip is generated at the service point, it is to be signed by the user of the LEO where this is technically intended. Before signing, the user of the LEO is to verify whether the debit voucher/delivery slip has been correctly issued, in particular the information on the deliveries and products/services utilised, and whether their nature, quantity, and/or price are correct. When the voucher is signed, the signature is not verified by the service partner; this is not part of the contract.

c.) Voucherless usage: If no debit voucher/delivery slip is generated at automated service points due to technical reasons, the utilisation of the LEO takes place via the use of the terminals or other designated technical equipment according to directions. Where designated, the customer or his vicarious agents and assistants are to verify their authorisation by entering a personal identification number (“PIN code”) that was previously provided by DKV. If the PIN code is entered incorrectly three times, the LEO will be deactivated due to security reasons. In this case, the customer is to contact DKV without delay. When ordering goods or utilising products/services directly from DKV, the customer is to verify his authorisation by providing his customer name and the customer number.

6. Ownership of LEO, replacement, return, and blocking of LEOs to be handed over

a.) Ownership of LEO: Unless otherwise agreed upon, the LEO shall remain the property of DKV or the third party who was the owner of the LEO at the point in time the LEO was transferred to the customer.

b.) Replacement of LEOs: Customers are to report any damage to or functional errors in the LEO to DKV immediately. DKV will then exchange the customer’s LEO with a new one. For third-party devices, the customer is to contact the service partner. If there exists damage or functional errors for which the customer is at fault, DKV may require the costs for the replacement to be reimbursed in order for an exchange to be made. Any claims DKV may have against the customer due to such damage and functional errors remain unaffected by this.

c.) Return of LEOs: After expiry of the validity period, after cancellation or deregistration of a LEO, the end of the business relationship, as well as when they are blocked (section 12), invalid, or damaged such that their functioning is negatively impacted, the LEOs are to be handed over to DKV without delay and without needing to be requested to do so. If a LEO consists of CARDs, they are to be destroyed by the customer and deregistered under www.dkv-euroservice.com/DKVCockpit. Alternatively, the customer may also send the declaration of destruction to his customer service representative. For devices and equipment as described in section 3 (c), the respective guidelines take precedence. Third-party devices can be returned to the service partner. The DKV Mobile CARD Application, apps or other applications for mobile end devices are to be uninstalled. The customer shall have no right of retention to the LEO.

d.) Blocking of LEOs to be handed over: DKV is entitled to have LEOs which are to be handed over by the customer pursuant to section 6 (c) blocked for DKV service partners. The provisions in section 12 remain unaffected.

7. Duties of care, liability of the customer and release from liability

a.) Storage and use: The customer and his vicarious agents and assistants shall undertake to store and use all LEOs with particular care in order to prevent them being lost and/or misused. CARDs, in particular, are not to be stored in an unsupervised vehicle or rooms which are not protected against unauthorised access. The customer is to ensure that his vicarious agents and assistants comply with these obligations.

b.) PIN code: If the customer is issued a personal identification number (“PIN code”), it is to be handled with strict confidence and only disclosed to parties authorised for usage. In particular, the PIN code is not to be noted down on the CARD or stored in some other unsealed fashion or together with the devices specified under section 3 (c). The customer is to ensure that the party he hands the LEO over to takes all necessary and reasonable precautions for the use of the LEO in order to prevent the PIN code and/or the magnetic strip data from being obtained by unauthorised parties.

c.) Reporting and notification obligations upon the loss of a LEO: If the customer and/or his vicarious agents and assistants notice the loss or theft of the LEO handed over to him, the misuse or any other unauthorised usage of the LEO or the PIN code, or if the customer has the suspicion that another person has obtained unauthorised possession of a LEO or PIN code, or that any misuse or other unauthorised usage of a LEO or PIN code has taken place, DKV is to be notified of this without delay (“blocking notification”). The blocking notification can be submitted by phone, via email, fax, or in writing to the contact data provided to the customer upon commencement of the business relationship for the purposes of submitting the blocking notification. The respective latest contact information for submitting a blocking notification can be found on the DKV website (www.dkv-euroservice.com). Upon noticing an unauthorised or incorrectly performed usage of a LEO, the customer is to inform DKV of this without delay. Every theft or misuse is to be reported to the police by the customer and/or his assistants without delay. The customer shall undertake to provide DKV with a copy of the police report.

d.) Liability: The customer is liable for the misuse or use of the LEO and the PIN code in a manner that violates the contract, unless he and the authorised user have taken all reasonable precautions against such use that violates the contract and/or the misuse of the card. In particular, the customer shall be considered to not have taken all reasonable precautions against use that violates the contract or misuse of the card when the misuse or use of the LEO contrary to the contract was facilitated or enabled via the fact that

1.) the LEO was not stored with care (section 7 (a)),

2.) the LEO was not sent back to DKV in its entirety (section 6 (c)),

3.) the PIN code was noted on the DKV CARD or directly linked or stored with the LEO in some other manner (section 7 (b)),

4.) the theft or loss report was not forwarded without delay to DKV upon discovery (section 7 (c)),

5.) the LEO was handed over in an unauthorised fashion to third parties or subcontractors (section 4) or

6.) no new PIN code was requested after the authorisation of a third party for usage of the LEO has lapsed. The customer shall be responsible for violations of the duties of care by persons whom he has handed the LEOs over to.

e.) Release from liability: Provided that the reasonable precautions pursuant to sections

7.) (a) to (c) are complied with, DKV shall release the customer from liability for use of the LEO which takes place after receipt of the theft or loss report by DKV.

8. Establishment of individual contracts for the procurement of deliveries and products/services

a.) Procurement authorisation: The customer is entitled, via the use of the LEO in accordance with the contractual provisions, to cashlessly acquire and/or utilise certain goods and services from service partners affiliated with DKV (goods and services jointly referred to as “deliveries and products/services”).

b.) Freedom of supply on the part of DKV and service partners: Regardless of the credit limit granted, neither DKV nor its respective service partners are obliged to provide deliveries and products/services and/or to enter into individual contracts for the procurement of deliveries and products/services by the customer. Such an obligation only arises once an individual contract regarding the respective contractual delivery/product/service has been entered into. In particular, DKV assumes no liability for the service partners’ ability to provide deliveries/products/services, regardless of whether it is direct deliveries, third-party deliveries, or commissioned deliveries.

c.) Content of the individual contracts:

– Direct deliveries – deliveries and products/services for the customer are performed strictly by DKV under its own name and on its own account (“direct delivery”). DKV and the customer hereby agree that a contract is entered into between them in each case, via which the customer acquires the goods from DKV and/or obtains the product/service from DKV, when the customer obtains a good or service from a service partner which is related to the operation of a motor vehicle and included in DKV’s range of offerings, and the service partner accepts the LEO utilised by the customer for this purpose. This simultaneously establishes the contract between DKV and the service partner regarding the procurement of the goods and services by DKV, provided that DKV has agreed on this with the service partner. However, in cases where the procurement of the goods or services by DKV additionally requires entering into a contract, the customer enters into this contract with the service partner as a representative of DKV by utilising the LEO, with the service partner accepting its use. For a direct delivery, the service partner is not authorised, with a binding effect for DKV and at its expense, to agree upon extensions to the statutory scope of performance or deviations from these DKV-T&Cs and/or to provide warranties that are binding for DKV.

– Third-party deliveries and commissions – in cases where the direct delivery cannot be agreed upon with the service partners, DKV will instead proffer their range of offerings; in this case, the deliveries and products/services will either be provided directly by the service partner to the customer and DKV acquires the resulting claims against the customer for a fee from the respective service partner which has accepted the LEO (“third-party delivery”), or DKV provides the deliveries and products/services to the customer in its own name, but for account of the service partner due to corresponding contracts with the service partner (“commission”). In the case of a third-party delivery, the customer hereby agrees to the respective cessions of the claims of the respective service partner against the customer to DKV. In the case of a third-party delivery, the customer shall undertake to reimburse and/or pay DKV for all claims consisting of the respective claim amount plus the prices and service fees specified in section 9 of these DKV-T&Cs. In the case of third-party deliveries, DKV shall not assume any obligations for the individual contract with regard to the provision of deliveries and products/services to the customer. In the case of a commission, the deliveries and/or products/services will be provided to the customer by DKV, and the customer is to make payment for them to DKV in accordance with the provisions of the DKV-T&Cs.

9. Prices and service fees as well as other costs and expenses

a.) Prices for deliveries and products/services: For the deliveries and products/services, DKV generally charges the prices visible on site or the usual prices. However, where prices for fuel are concerned, DKV calculates charges based on the current list or pump prices provided by and charged by the service partner himself at the respective point in time of procurement and utilisation of the LEO. In certain cases and in a number of countries, these prices may differ from the pump prices (“pump prices”) specified at the service point. In this case, the price DKV charges the customer also differs from the debit voucher/delivery slip that is generated on site by the service point.

b.) Service fees and card fees: In addition to the deliveries and/or products/services utilised by the customer domestically and overseas, DKV also charges reasonable service fees in the form of percentage surcharges or fixed sums and/or special card fees which are given by the respective list of service fees for the respective customer country or separately agreed upon with the client and prevailing at the respective point in time of utilisation of the delivery or product/service (hereinafter “list of service fees”). The respective list of service fees in the version valid for the business relationship can be requested from DKV at no charge by the customer at any time. DKV is entitled to modify the service fees and card fees at its own reasonable discretion (section 315 of the Civil Code (BGB)) and to introduce and stipulate new fees for deliveries and products/services and/or expenses which were provided as per the customer’s order or in his presumed interest and which were previously not subject to fees. DKV shall inform the customer of this in writing without the modified list of service fees needing to be conveyed in their entirety; it shall suffice to provide notice of the fact of the modification, also in electronic form (e.g. email) or as information.

c.) Other costs: For bank fees and other costs which DKV incurs for overseas bank transfers, the cashing of cheques, or return debit notes on account of the customer, as well as for any applicable taxes, duties, and other sovereign charges related to the deliveries and products/services (hereinafter jointly “other costs”), DKV may also require the respective customer to reimburse these other costs DKV has been charged for even when this is not listed in the respective prevailing list of service fees as a fee.

d.) Other expenses: When and to the extent DKV incurs internal and external expenses (“other expenses”) due to special customer requests, DKV shall charge the customer a flat fee for expenses which the customer will receive separate confirmation for.

10. Invoicing, verification of invoice and determination of invoice amount, objections/claims, direct debit

a.) Invoicing: Regardless of the currency in which the debit voucher/delivery slip is issued and/or in which currency the delivery or product/service is offered and utilised, DKV shall calculate the resulting claim in the local currency of the customer (currency at the customer’s domicile), unless another currency has been agreed upon for the payment of the DKV invoice. In cases where the customer’s local currency agreed upon for the payment of the invoice or the transaction currency (currency at the site of the delivery/product/service) is not the euro, the conversion shall be performed using the EURO reference rate published by the European Central Bank valid on the respective key date (www.ecb.europa.eu/stats/exchange/eurofxref/html/index.en.html). If no EURO reference rate is available for a particular transaction day, the conversion will take place according to the last available rate which preceded the day of transaction. If conversion takes place from and/or to currencies other than the euro, DKV shall be entitled to charge a reasonable service fee for the option of selecting a payment currency and/or for covering the risk of foreign exchange fluctuations between the day of transaction and the due date of the invoice.

b.) Verification of invoice: The customer is to verify the correctness of DKV invoices without delay and to submit objections to DKV in writing without delay, but no later than 2 months after the date of invoice. After the expiry of the 2-month deadline after the date of the invoice, no claims will be entertained and the invoice amount shall be considered to have been endorsed, unless the verification of the invoice was not possible due to no fault of the customer. This applies accordingly to invoices which DKV provides the customer with as part of e-invoicing (section 21 (b)).

c.) Objections to the invoice: If the customer would like to claim that a delivery and/or product/service he was charged for was not made to him or a party authorised for usage, and/or the debit voucher/delivery slip was generated with the involvement of persons other than the customer or his vicarious agents and assistants in violation of the terms of use, he is to provide notification of this without delay, but no later than within 2 months after the invoice date, specifying all data in the invoice being objected to, in particular the amount, the item in the invoice, and the detailed reasons for his claim. This notification is to be submitted to DKV in writing or via fax along with any available proof without delay.

d.) Review of the claim: DKV shall, with the diligence of a proper businessman, review the payment obligation based on the information provided to him by the customer and the relevant service partner. A claim that has provisionally not been asserted is to be paid as soon as it is determined that the customer is not entitled to a credit note. Provided that the claim has turned out to be unfounded, the customer is to pay interest on the provisionally unasserted claim starting from the original due date with interest on arrears pursuant to section 11 (b) (sent. 1). The assertion of a higher interest rate for default pursuant to section 11 (b) (sent. 2) shall remain unaffected in the case of default.

e.) Direct debit: In cases where the customer is domiciled in a state within the European Union whose national currency is the euro, the customer shall, upon being requested to do so by DKV, undertake to consent to the SEPA direct debit procedure (Single Euro Payments Area, SEPA), and in the case of the SEPA corporate direct debit, to instruct his bank to perform the direct debit deduction when due from the customer’s account accordingly, with the SEPA mandate designated by DKV for this purpose. In each case, the customer shall, no later than one bank workday before the due date of the SEPA direct debit, receive advance information on the execution of the respective deduction. The customer hereby consents to the aforementioned reduction in the advance notification of 14 calendar days before the due date to one bank working day. In cases where the customer is domiciled in a state within the European Union whose national currency is not the euro, the customer shall, in cases where it is not possible for him to arrange for a corresponding SEPA direct debit, grant DKV a direct debit authorisation upon request and instruct his bank to submit the declarations necessary for this purpose. The latter applies accordingly to customers who are domiciled in a state outside of the European Union.

11. Due date and interest for default, exceedance of the term of payment, payment conditions, offsetting and right of retention.

a.) Due date and payment deadlines: The deliveries and/or products/services charged by DKV in an ongoing fashion or for periods agreed upon are payable immediately in full (due date). If DKV and the customer, in derogation to the above, agree upon a performance period according to the calendar (term of payment), DKV shall indicate this separately on the invoice.

b.) Interest: If the customer is a businessman as defined by commercial law, DKV may charge interest amounting to 5 % starting from the due date. In the case of default, DKV is entitled to charge interest for default amounting to 9 percentage points above the base interest rate of the European Central Bank. The assertion of further damages or the right to demand higher interest rates for default remain unaffected.

c.) Exceedance of the term of payment: If the customer is in default with the payment of a (first) invoice, all discounts, rebates, and terms of payment of other invoices shall no longer be valid, regardless of whether they have already been delivered or will be in the future. Such outstanding invoices are to be paid immediately with the overall gross amount even if a later term of payment is indicated on them.

d.) Payment conditions: The right of the customer to determine which claims are fulfilled via payments by the customer shall be waived in favour of the statutory payment regulation pursuant to section 366 (2) of the Civil Code (BGB).

e.) Offsetting and right of retention: The customer shall only be permitted to offset any claims from DKV with counterclaims when his counterclaim is undisputed or has been established in a legally binding manner. However, in the case of claims for defects regarding an individual contract within the framework of direct delivery, the counter-rights of the customer remain unaffected. The aforementioned apply accordingly for the assertion of rights of retention.

12. Prohibition of usage and blocking

a.) With observance of a notice period: DKV may — even without specifying any reasons — at any time with a reasonable notice period and taking into account the justified concerns of the customer, prohibit the use of the LEOs and block them for use with service partners.

b.) Without notice for cause: When cause exists and results in further use of individual or all LEOs and/or the continuation of the business relationship being unreasonable for DKV, DKV may also, without notice and with immediate effect or with a short notice period determined with reasonable discretion, prohibit the use of individual or all LEOs and block the LEOs for use with DKV service partners. In particular, such cause is given

1.) when the customer exceeds the credit limit granted to him without prior approval from DKV,

2.) when the customer has provided incorrect information about his financial situation which was of considerable significance for DKV’s decision regarding the establishment of the business relationship,

3.) when the customer does not fulfil his obligation to provide or increase a security pursuant to section 18 or fails to do so within a reasonable grace period granted by DKV as a result of another agreement,

4.) when a direct debit that is due is not honoured or other outstanding invoices are not paid, unless the customer is not at fault for this,

5.) when the payment method (e.g. SEPA direct debit) agreed upon is unilaterally revoked by the customer,

6.) when the initiation of insolvency proceedings regarding the customer’s assets is applied for, or the customer is obliged to submit information on his financial situation under oath,

7.) when a deterioration in the customer’s financial situation that is not merely insignificant occurs or threatens to occur, in particular when the information obtained about him deteriorate to a degree that is more than insignificant, and this endangers the fulfilment of claims owed to DKV,

8.) when a LEO is handed over to third parties in an unauthorised fashion, or

9.) in the case of reasonable suspicion that a LEO is being used in violation of the contract. c.) General prohibition of usage in certain cases: The customer and his vicarious agents and assistants are prohibited from further usage of the LEO in general, i.e. even without specific notification from DKV, if he is able to determine that the invoices from DKV cannot be paid when they are due or the business relationship has terminated. d.) Informing of service partners: DKV is entitled to inform its service partners of the blocking of the LEOs and/or the termination of the business relationship via IT systems, via the transmission of blacklists, or in some other fashion.

13. Termination of the business relationship; informing of service partners

a.) DKV and the customer are entitled to termination at any time

With observance of a notice period: without specifying any reasons with a reasonable notice period and taking into account the justified concerns of the customer/DKV. The right to prohibit usage of and/or block (section 12) the LEOs remains unaffected.

Without notice period or with a short notice period for cause: provided that reasons exist within the scope of responsibility of the respective other contractual partner which make it unreasonable for the contractual partner to continue the business relationship. In particular, this is the case for DKV when a reason specified in section 12 (b) (1) to (9) for prohibiting usage exists.

If the customer violates his contractual obligations towards another company in the DKV Group from which the customer obtains products/services, and such in a manner that this company is entitled to termination, this shall also entitle DKV to terminate the business relationship.

Formal requirements for termination: Every termination notice must be submitted in writing (e.g. via e-mail).

Informing of service partners: DKV is entitled to inform its service partners of the blocking of the LEOs and/or the termination of the business relationship via IT systems, via the transmission of blacklists, or in some other fashion.

14. Retention of title for deliveries and products/services

a.) Where DKV is the owner, DKV shall retain ownership of the respective delivery/product/service up to the complete fulfilment of all claims from the business relationship, including claims arising in the future, also from contracts entered into with the customer simultaneously or later on, as well as payment balance requests from the current account (“reserved good”).

b.) The customer is entitled to sell the reserved good in the ordinary course of business. DKV is entitled to revoke the customer’s permission of sale via a written declaration if he is in default with the fulfilment of his obligations towards DKV and in particular in default with his payments, or other circumstances become known which cast doubt on his creditworthiness.

15. Notification of defects and liability for defects

a.) Claims regarding the quality and/or quantity of the deliveries and products/services are, in the case of apparent defects, to be reported in writing without delay no later than within 24 hours after the handover/acceptance of the deliveries and products/services, and in the case of undetectable defects, within 24 hours after discovery of the defect.

b.) In the case of direct deliveries and commissions, DKV shall choose an appropriate form of supplementary performance while observing the principle of commensurability; this also applies for sales law. If the supplementary performance fails, whereby DKV is generally to be granted two attempts at supplementary performance, the customer can withdraw from the relevant individual contract or reduce the purchase price and/or remuneration, and in the case of a contract for work, also eliminate the defect himself in exchange for the reimbursement of his expenses.

c.) DKV shall not be liable for defects in the deliveries and products/services of the service partner if it is a third-party delivery. Notifications of defects do not justify a right of retention and do not affect the obligation to pay the invoice, unless defects are undisputed or have been established against DKV in a legally binding manner upon the invoice being due.

d.) If DKV is at fault for a defect, DKV shall provide damages or compensation for wasted efforts due to a defect under the legal prerequisites only within the limits defined in section 16 of these DKV-T&Cs.

16. Liability

a.) DKV’s liability for damages, regardless of the legal grounds, in particular due to impossibility, default, defective or incorrect delivery, contractual violation and unauthorised action is, for all liability from or in conjunction with this contract, provided that fault applies in each specific case, restricted according to the stipulations in this section 16. The same applies for liability from or in conjunction with individual contracts which the direct deliveries or commissions are based on. Liability from or in conjunction with individual contracts which the third-party deliveries are based on are determined according to the agreements which the customer enters into with the service partners.

b.) DKV shall be liable for material and financial damages incurred negligently by its institutions, legal representatives, employees, or other vicarious agents only when an essential contractual obligation is violated; however, the amount is limited to the foreseeable damages typical for the contract at the time the contract was entered into. Essential contractual obligations are those whose fulfilment characterise the contract and which the customer may rely upon, e.g. in the case of direct delivery the obligation to punctually deliver and (where applicable) hand over the work which is free of significant defects, including the LEOs, as well as obligations to provide advice, protection, and care, which serve to enable the customer to utilise the subject of the direct delivery as contractually intended or which serve to protect the life and limb of the customer’s personnel or protect his/their property from significant damage.

c.) Indirect damages and consequential damages which are the result of defects in the subject of the direct delivery and commission are only eligible for compensation provided that such damages are typically to be expected upon intended use of the subject of the direct delivery and commission.

d.) These exclusions and restrictions of liability apply to the same extent in favour of the institutions, legal representatives, employees, and other vicarious agents of DKV.

e.) The limitations in this section 16 do not apply to DKV’s liability in the case of/for (i) intentional or grossly negligent breaches of duty, (ii) in the case of the provision of a warranty for the properties and condition or existence of successful performance or the assumption of a procurement risk, (iii) in the case of default, provided that a fixed delivery date is agreed upon, (iv) injuries to life, body, and health, as well as (v) mandatory statutory liabilities, in particular the Product Liability Act.

f.) For claims for the reimbursement of expenses from the customer and in cases of breaches of duty in contractual negotiations, the preceding provisions a.) to e.) apply accordingly.

g.) The legal rules for burden of proof remain unaffected by the provisions of this section 16.

17. Statute of limitations

a.) Claims for defects related to direct deliveries and commissions including any damage claims and rights to reduce remuneration and rights of withdrawal based on them expire in one year, calculated from the delivery of the purchased item and/or acceptance of the work. Other contractual claims from the customer due to breaches of duty on the part of DKV and all non-contractual claims from the customer shall also expire in one year, beginning with the respective mandatory statutory start of the limitation period.

b.) In derogation to this, the statutory limitation periods apply (i) in cases of injury to life, body, or health, (ii) in the case of an intentional or grossly negligent breach of duty or fraudulent non-disclosure of a defect, (iii) for defect claims for an in rem right of a third party, due to which the release of a purchased item can be demanded, (iv) in the case of default, provided that a fixed delivery date was agreed upon, (v) in the case of claims from the Product Liability Act.

c.) The provisions of sections 196, 197, 445b of the Civil Code (BGB) as well as the rules for burden of proof remain unaffected by the aforementioned stipulations in section 17 a.) and b.).

18. Provision or augmentation of securities

a.) DKV’s entitlement to the provision of securities: DKV can, for all claims from the business relationship, require the provision of a security up to twice the CR granted, including for claims which arise in the future, are conditional, or not yet due (payment risk from current and future transactions from the use of the LEOs up to the return of the LEOs).

b) If the customer simultaneously has a business relationship with other companies in the DKV Group (which in particular includes REMOBIS REFUND SERVICE C.V., Varrolaan 51, NL-3584 BT Utrecht (Netherlands) und die LUNADIS GmbH + Co. KG, Balcke-Dürr-Allee 3, 40882 Ratingen) and DKV handles the collection of claims for them, DKV may also utilise securities provided for claims which were ceded to DKV by other companies in the DKV Group or whose cession is already certain upon utilisation. If the customer has applied for an increase in the CR or if DKV intends to grant the customer an increase in the CR, DKV is entitled to the provision or augmentation of the securities with regard to the debt resulting from the assumption of risk, but only upon the entry into force of the increased CR.

c.) Changes in risk: If, during the establishment of the business relationship with the customer, DKV initially chose not to require the provision or augmentation of securities, whether in whole or in part, DKV may also require the provision of securities up to twice the CR granted at a later date. However, the prerequisite for this is that circumstances occur or become known which justify a stricter risk assessment for the claims against the customer. This may in particular be the case when the economic circumstances of the customer have changed for the worse or threaten to do so, or the existing securities decrease in value or threaten to do so. DKV’s entitlement to receive securities does not apply when it is explicitly agreed upon that the customer does not have to or only needs to provide certain specified securities. The customer may require the securities to be reduced when and to the extent the CR granted has been reduced.

d.) Deadlines for the provision or augmentation of securities DKV shall grant the customer a reasonable deadline for the provision or augmentation of securities. If DKV intends to exercise its right to termination without notice pursuant to section 13 a.) (2) or prohibition of usage and blocking pursuant to section 12 b.) (3) of these DKV-T&Cs in the case where the customer does not his fulfil his duty to provide or augment securities within the deadline, DKV shall notify him of this in advance.

e.) Type of securities: DKV shall be entitled to require the provision of the security in the form of a cash deposit. Interest will be paid on the cash deposit. Unless other agreements are made, DKV shall be entitled to determine the interest rate according to reasonable discretion and taking into account the usual bank interest rates for savings accounts. The interest increases the security. Instead of cash deposits, the customer is also at liberty to provide unconditional, indefinite sureties or guarantees from banks in the amount of the security. However, the prerequisite is that the sponsor or guarantor waives the option of exoneration via escrow and has pledged to pay upon the first request.

f.) Exploitation and return/repayment of securities: DKV shall be entitled to exploit the securities provided by the customer or third parties as well as to transfer or sell outstanding claims against the customer to third parties for collection as soon as the customer is in default with the payment of an invoice. The customer’s right to have a provided security returned/repaid shall only be valid after the return of all LEOs and the payment of all claims from the business relationship. Furthermore, DKV is also entitled to withhold the securities for deliveries and products/services that have not yet been invoiced for a reasonable period, even after termination of this contract — generally for 3 months.

19. Information; customer’s obligation to notify

a.) DKV is entitled to obtain information from credit agencies and banks.

b.) The customer shall undertake to provide DKV with written notification without delay in the case of a change in the company owner (the owner of his company), the leaving or joining of partners, the leaving or joining of CEOs, a change in his bank details, the legal form of his company, changes in the address or the telecommunications connections and/or the abandoning of business operations (at the same time providing information on how to reach the owner and CEO in the future).

c.) In cases where the usage authorization agreed upon between the customer and DKV for a particular LEO is for vehicle-specific LEOs, changes in the number plate or vehicle are to be reported to DKV without delay.

d.) Provision of the customer’s value-added tax identification number: Customers domiciled in the EU are obliged to inform DKV of all value-added tax identification numbers as well as any changes without delay and without needing to be requested to do so. If the customer domiciled in the EU does not yet have a value-added tax identification number, he shall undertake to apply for one in the state he is domiciled and to inform DKV about the application as well as the final value-added tax identification number.

e.) Information about the entrepreneurial status of customers domiciled in third countries: Customers domiciled in a third country shall undertake to provide proof of their entrepreneurial status via a certificate from their tax authority (certificate of entrepreneurial status) or similar and to provide their valid local tax number and/or a valid number that is equivalent to a value added tax identification number. Furthermore, the customers shall undertake to provide all value added tax identification numbers assigned to them as a result of value added tax registrations in EU states. If any changes occur in the value added tax identification numbers, DKV is to be informed of them without delay.

Part B PROTECTED CUSTOMER AREA AND DKV E-INVOICING
20. Online access to DKV’s protected customer area

a.) Prerequisites for use: Upon request, DKV grants the customer the usage of the protected customer area of the DKV Online Service. DKV will transmit the login details to the customer via e-mail to the address provided by the customer. The terms of use on the website www.dkv-euroservice.com/bedingungen-und-richtlinien apply for use. DKV is entitled to unilaterally modify these terms of use for the future. In this respect, section 1 c.) Of the DKV-T&Cs applies accordingly. They are deemed to have been accepted by and agreed upon with the customer upon login to the secure customer area. Furthermore, the authentication instruments designated by DKV will need to be used in order to log in.

b.) Scope of usage: DKV is entitled to expand or restrict the scope of usage without this constituting grounds for a claim to a certain scope of usage.

c.) Fees: For individual products/services within the framework of the protected customer area, DKV is entitled to charge fees according to the respective prevailing list of service fees (section 9 (b)) or according to an individual agreement.

d.) Liability: DKV provides no guarantee for the perfect functioning of the software, the correct calculation of data, individual functions connected to the scope of usage (e.g., ordering of LEOs, deregistration, blocking) or functions which are linked to the DKV Online System. DKV provides no guarantee for data which are transmitted and/or imported to a customer system. The provisions in section 16 remain unaffected.

e.) Customer’s duty of care: The customer is responsible for ensuring the confidentiality of his customer account and his authentication instrument, as well as for the restriction of access to his computer, and is to store the authentication instrument where it is protected against access by other persons and take all the necessary measures to ensure that his password for DKV’s protected customer area is kept secret and stored safely. He is to inform DKV without delay as soon as there exist indications that a third party has gained knowledge of the authentication instrument or unauthorised use has been made of the authentication instrument and/or such unauthorised usage is probable. For the usage of DKV’s protected customer area, the technical connection is only to be established via the access channels specified by DKV. The respective security information on the website of DKV’s protected customer area, in particular the measures for the protection of the hardware and software used (customer’s system) must be observed by the customer at all times.

21. E-invoicing

a.) E-invoicing: To participate in e-invoicing, the customer is to submit a written application to DKV and provide an e-mail address. E-invoicing is the electronic provision of invoices for deliveries and products/services as defined in Part A of the DKV-T&Cs to the customer via the sending or download and saving of information, which is made possible via the DKV Online Service.

b.) Paper invoices: By participating in e-invoicing, the customer accepts that this will replace his conventional paper invoices. This applies to the invoices which are sent to the specified billing address, as well as for the specified address for invoice copies. If e-invoicing is not permitted in certain countries pursuant to regulations/laws on value-added tax, DKV shall merely send or make available an invoice copy electronically and send the original invoice to the customer by post.

c.) Electronic invoice: The electronic original invoice will either be sent to the customer via e-mail or be available to the customer for one-time download in the protected customer area for a period of 12 months. Invoice copies can be downloaded by the customer at any time within a period of 12 months in the protected customer area. The customer is personally responsible for saving the electronic original invoice in electronic form (PDF + certificate) and for the related purposes. The customer is personally responsible for compliance with relevant laws and regulations, such as for all statutory data archival requirements (e.g. archival of the electronic invoice in accordance with prevailing laws), for the documentation, and for providing proof of how the data has been entered into the system and who is permitted access to the data. DKV shall not be liable for damages resulting from causes which are not within DKV’s scope of responsibility, such as line failures or network problems. The provisions in section 16 remain unaffected.

d.) Cancellation: The customer may discontinue his participation in e-invoicing at any time. To do so, the customer is to inform DKV of this in writing (e.g. via e-mail). Upon receipt of the request, DKV will switch to the sending of invoices on paper as soon as possible.

Part C INCLUSION OF SERVICE PARTNER GUIDELINES, TERMS OF USE, DEVICE-SPECIFIC INSTRUCTIONS, AND TOLL GUIDELINES

22. Inclusion of service partner guidelines, terms of use, and device-specific instructions

a.) Service partner guidelines: Guidelines from service partners which regulate the special vehicle-specific deliveries and/or products/services (including their usage) and/or LEOs shall, without prejudice to section 3 c.), become a component of the contract if DKV refers the customer to them within the context of the application for the product/service or the ordering of LEOs (e.g. also signaturelessly pursuant to section 3 d.).

b.) Special terms of use: Guidelines which regulate the usage of a product/service on-site (“special terms of use”) shall also become a component of the contract in reference to these products/services, but no later than upon their utilization, in the sense that the customer is also obliged towards DKV to observe and in particular comply with the resulting measures of conduct when the special terms of use have been put up at the place of provision of the product/service (e.g. the house rules of a multi-storey car park) or it is objectively recognizable for the customer in some other manner that the service partner only provides its product/service based on these special terms of use (e.g. within the framework of an app required to activate the product/service).

c.) Device-specific instructions: For device-specific (technical) instructions (e.g. installation instructions, operating instructions), the provisions for special terms apply (section 1 b.).

23. Consolidation of toll guidelines

DKV may also consolidate provisions for a variety of individual guidelines regarding tolls in a framework guideline (“framework guideline”). Inclusion shall then take place pursuant to section 22 a.) or an express agreement between the customer and DKV. The utilization of DKV’s product/service in relation to tolls is then based on the following rules and regulations:

1.) The relevant guidelines pursuant to section 3 c.) in conjunction with section 22. 2.) The framework guideline 3.) These DKV-T&Cs

Whereby in the case of contradictions, the provisions of the preceding rules and regulations precede those of the subsequent ones, unless the framework guideline explicitly decrees a different priority.

Part D FINAL PROVISIONS

24. Transfer of contract

DKV is, at any time and also without the customer’s consent, entitled to transfer the entire contract or individual rights and responsibilities resulting from it to a company affiliated with it as defined in section 15 of the Stock Corporations Act (AktG). DKV shall inform the customer of the transfer of the contract in good time and in writing.

25. Choice of law

a.) The laws of the Federal Republic of Germany shall apply. UN sales law (CISG) shall not apply. b.) DKV can, before or upon initiation of court proceedings against the customer in his home country, via a notification in text form or in the statement of claim, choose the foreign substantive law which applies at the corresponding statutory or agreed-upon place of jurisdiction of the customer (retrospective choice of law in favor of the right of domicile of the customer). This retrospective choice of law in favor of the right of domicile of the customer shall not apply if the customer objects to this choice within a month after he was able to gain knowledge of it. The customer shall be informed of this upon the exercising of the retrospective choice of law.

26. Severability clause

If parts of these DKV-T&Cs should be or become unenforceable, the enforceability of the remaining provisions shall remain unaffected.

27. Place of jurisdiction

The place of jurisdiction, also in international contexts, for all disputes arising from the business relationship — also after its termination — is Düsseldorf (Federal Republic of Germany). This place of jurisdiction is exclusive for all actions against DKV; for actions by DKV against the customer, it applies optionally alongside other statutory or agreed-upon places of jurisdiction (elective places of jurisdiction).

28. Confidentiality of individual contractual terms

The customer shall, for the duration of the contractual relationship with DKV, undertake to handle his individual contractual terms such as prices, service fees, and transaction data in strict confidence (“confidential information”), unless such information is publicly known or he is obliged to disclose it due to mandatory laws or mandatory official or court orders. The customer is not to disclose the confidential information to third parties or utilize it for commercial purposes without DKV’s approval. In the event a customer violates his confidentiality obligations, DKV reserves the right to claim any resulting damages in a court of law.

29. Processing of data and data protection

DKV processes the customer’s data, in particular data from the contractual relationship, exclusively within the framework of data protection provisions (e.g. the Federal Data Protection Act (BDSG) and/or the EU GDPR, in particular Art. 6). Provided this is permitted by data protection regulations, this also encompasses the processing and/or transmission of data to third parties (e.g. service partners) which act on behalf of DKV within the framework of prevailing provisions and corresponding guarantees. For more information on data protection, please visit www.dkv-euroservice.com/datenschutz.

30. Validity and interpretation for foreign customers

For business relationships with foreign customers, these General Terms and Conditions written in German shall also apply. The respective translations of them made available to foreign customers in the customer’s national language or in English serve to enable better understanding. In the case of a dispute regarding interpretation, the German text shall always take precedence.

Version: 08/2019

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