GENERAL TERMS FOR THE TOLL COLLECTION SERVICE «eway»
1.DEFINITIONS
1.1 “Maliakos Kleidi” is a section of the PATHE Motorway of approximately 230 Km. long that stretches from the Raches intersection to the Kleidi intersection, including Evangelismos-Skotina section (Old National Road).
1.2 “Company” is the Aegean Motorway Concession Company for the PATHE Motorway, Maliakos-Kleidi Section trading under Aegean Motorway SA.
1.3 “Eligible Vehicles” are vehicle categories 1, 2, 3 and 4 listed in the table below, as these are specified by the Maliakos-Kleidi Section of the PATHE Motorway, namely
Vehicle Categories regarding Toll Payment | ||
Category | Name | Description |
1 | Motorcycles, cycle-cars | |
2 | Light vehicles | Vehicles with or without a trailer and height up to 2.20 m. |
3 | Trucks, buses and other vehicles with less than four (4) axles | Vehicles with or without trailers, with two or three axles and height over 2.20 m. |
4 | Trucks and other vehicles with four (4) or more axles | Vehicles with or without trailers, with four or more axles and height over 2.20 m. |
1.4 “Electronic Transponder” is the special device placed on the Eligible Vehicles of par 1.3 above used for Subscription Based Passages either using special lanes marked as electronic lanes, or manual lanes.
1.5 “Smart Card” is the card given to the Eligible Vehicles of par 1.3 above, used for Subscription Based Passages performed at manual lanes or at the self-service lanes.
1.6 “Replacement Cost” is the amount set out in the Subscription Program Pricelist (if such fee is provided) to be paid by the Subscriber to the Company in order to have a stolen, lost or damaged Electronic Transponder and/ or Smart Card replaced.
1.7 “Self-service Lane” is a lane where payment for the passage of a vehicle is made using and automatic payment machine without a collector.
1.8 “Subscriber” is the natural or legal person that enters into an agreement with the Company and is entitled to pass through the Maliakos – Kleidi Section of the PATHE Motorway using an Electronic Transponder (eway device) and/ or a Smart Card.
1.9 “Subscription Based Passage” is the passage through the Maliakos-Kleidi Section of the PATHE Motorway made using either an Electronic Transponder or a Smart Card depending on the Eligible Vehicle category and following registration for one of the Company’s Subscription Programs.
1.10 “Subscription Account” is the account periodically credited by Subscribers with money to prepay (and/ or repay) Subscription Based Passages and any other amounts owed under the Subscription Program Pricelist.
1.11 “Subscription Programs” are the Company’s commercial programs applicable each time regarding prepayment or postpayment for Subscription Based Passages performed by Subscribers through the Maliakos-Kleidi Section of the PATHE Motorway.
1.12 Transponder and/ or Smart Card vehicle “Subscription Category” or “Transponder and Smart Card Subscription Category” is the vehicle category stated by a Subscriber, for which the Transponder and/ or Smart Card has been issued. Each Transponder or Smart Card will be issued for one vehicle category only from the above Eligible Vehicle categories (1, 2, 3 or 4) and it is expressly prohibited for it to be used with a vehicle under a category other than the one that it is issued for.
1.13 “Toll Pricelist” is the pricelist applicable each time per vehicle category established in accordance with the Company’s right to determine, impose and collect tolls for the use of the Maliakos-Kleidi Section of the PATHE Motorway.
1.14 “Subscription Program Pricelist” is the pricelist that includes all charges, namely the Monthly Fixed Charge, the Electronic Transponder and/ or Smart Card Guarantee, the Credit Guarantee, the Replacement Cost, the Low Account Warning Limit, the Bad Account Warning Limit, the Account Renewal by Credit or Debit Card Limit, and the Renewal through Bank Account Limit. The Pricelist may not include some of the above items, depending on the commercial policy implemented by the Company.
1.15 “Low Account Warning Limit” is the visual and/ or audio signal that informs the Subscriber that the account balance is low and close to the Bad Account Limit. The amount of the Low Account Warning Limit is established in the Subscription Program Pricelist applicable each time.
1.16 “Bad Account Limit” is the Subscription Account limit established in the applicable Subscription Program Pricelist, below which no Subscription Based Passage will be allowed by the electronic toll system.
1.17 “Account Renewal by Credit or Debit Card Limit” is the limit established in the applicable Subscription Program Pricelist which automatically triggers the standing order to credit the Subscription Account using a credit or debit card.
1.18 “Account Renewal by Bank Account debit Limit” is the limit established in the applicable Subscription Program Pricelist and which automatically triggers the standing order to credit the Subscription Account debiting a bank account.
1.19 “Device Guarantee” is the lump sum (if any) established in the applicable Subscription Program Pricelist paid by Subscribers to the Company for each Electronic Transponder and/ or Smart Card as guarantee against any loss, theft of or damage to the it and until it is returned to the Company in top operating condition.
1.20 “Credit Guarantee” is the lump sum (if any) established in the applicable Subscription Program Pricelist (only in postpayment programs) which Subscribers either prepay to the Company or in respect of which an acceptable bank guarantee is given to the Company, as credit line, the amount of which is established jointly with the Company and below which the electronic toll system will not allow Subscription Based Passages if the respective invoice has not been previously paid.
1.21 “Monthly Fixed Charge” is the fixed charge (if any) established in the Subscription Program which will be charged by the Company each month for the issuance and dispatch of statements, as is indicated in the applicable Subscription Program Pricelist, regardless of whether any Subscription Based Passages are made or not.
1.22 “Transponder and/ or Smart Card Category Violation” is a Subscription Based Passage made using a vehicle of a category other than the Subscription Category of the Transponder and/ or Smart Card.
1.23 “Customer Service Point” is all locations where interested parties can open a Subscription Account or which they can contact for queries, requests or problems.
2. OBJECT OF THE AGREEMENT
2.1 The object of this Agreement is to establish the terms and conditions under which the Company enters into agreements with Subscribers allowing them to perform Subscription Based Passages through the Maliakos-Kleidi Section of the PATHE Motorway using Subscription Programs.
3. INTERPRETATION
3.1 Please not that the Agreement may refer to or set out the terms and conditions of Subscription Programs that are not currently offered by the Company. All references, terms and conditions or provisions that refer to a Subscription Program not yet implemented by the Company enter into effect from the date such Subscription Programs are offered by the Company.
4. AGREEMENT BENEFICIARY
4.1 The Subscriber entering into this Agreement is a legal or natural person or a group of persons.
5. TERM
5.1 This agreement has an indefinite term, unless otherwise agreed in writing.
6. ENTRY INTO FORCE – ACTIVATION
6.1 This Agreement will enter into force as of the date it is signed.
6.2 Subscription Based Passages will be possible and Subscribers will acquire the right to use a Subscription Program either immediately or within a reasonable period of time from the date the respective application and supporting documentation are submitted to the Company depending on the Subscription Program and the time of completion of the Company’s checks, as well as the deposit of the minimum amount for prepaid passages.
7. COMPANY OBLIGATIONS
The Company hereby undertakes the following obligations vis-à-vis the Subscriber:
7.1 To deliver to the Subscriber the Electronic Transponder and/ or Smart Card along with the respective use instructions.
7.2 To replace the Electronic Transponder and/ or the Smart Card in accordance with the provisions of par 9.3.3 hereof.
7.3 To record in detail the Subscription Based Passages and to inform the Subscriber by uploading the monthly itemized statements in the “my eway” platform. Furthermore, to make available to the Subscriber these statements (print copies) following their request to this effect made to Customer Service.
7.4 To inform the Subscriber by public announcement on any changes to the Toll Pricelist and in writing or by public announcement on any changes to the Subscription Programs and the Subscription Program Pricelist within a reasonable time prior to their effective date.
7.5 To refund (if such provision is made in the applicable Price List), upon return of each Electronic Transponder and/ or Smart Card in top operating condition, free of interest and within a reasonable period of time after the Subscriber has paid and settled all their debts hereunder, the corresponding Guarantee for each Electronic Transponder and/ or Smart Card, as well as any balance remaining for the account for unmade passages.
7.6 To accept and consider justified Subscribers’ complaints and take all reasonable actions to solve any problems or disputes arising from the implementation hereof.
7.7 To inform the Subscriber prior to the signing of the respective application/ agreement on the general and special terms, conditions, obligations, terms of use of the Electronic Transponder and/ or Smart Card, terms of charges, the term and termination procedures in respect hereof.
7.8 To provide to the Subscriber, additional Electronic Transponder and/ or Smart Card upon their request, provided that the Subscriber meets their contractual obligations.
8. SUBSCRIBER OBLIGATIONS
The Subscriber hereby undertakes the following obligations vis-à-vis the Company:
8.1 To comply with the terms hereof.
8.2 To accept the debiting of the Subscription Account with the Monthly Fixed Charge, where applicable in accordance with the Subscription Program Pricelist and the terms hereof.
8.3 To refrain from exploiting commercially in any way whatsoever the Electronic Transponder and/ or the Smart Card.
8.4 In the event of theft/ loss of the Electronic Transponder and/ or the Smart Card to accept that their Subscription Account shall be debited with the cost of the Electronic Transponder and/ or Smart Card, as well as with the total value of the Subscription Based Passages made using such Electronic Transponder and/ or Smart Card, and the corresponding amount of the Monthly Fixed Charge, based on the respective Subscription Program, until the Company’s has confirmed that it has received notice of the theft/ loss, in accordance with par 9.4 hereof.
8.5 To refrain from making any indication on the Electronic Transponder and/ or Smart Card, making additions thereto, removing its code, opening it, proceeding to its maintenance or repair, damaging it and in general from interfering in any manner whatsoever with the operation of the Electronic Transponder and/ or Smart Card.
8.6 To refrain from using the Smart Card on a vehicle belonging to a category other than the one agreed upon hereunder.
8.7 To refrain from using the Electronic Transponder and/ or the Smart Card on a different vehicle than the one agreed herein.
8.8 To provide to the Company all information, supporting and other documents necessary for the making and implementation hereof as authorization documents in case of a legal person that the Company will reasonably request and inform the Company on any changes in accordance with point 11 hereof.
8.9 To pay in accordance with the Subscription Program Pricelist the Device Guarantee and/ or Credit Guarantee (if any) established in the Subscription Program Pricelist per Electronic Transponder and/ or Smart Card, which guarantee will bear no interest and will be refunded upon the return of the Electronic Transponder and/ or Smart Card in top operating condition, subject to the provisions of Article 12 and par 7.5 hereof.
8.10 In case of a postpayment Subscription Program, in addition to the above obligations under par 8.1–8.9, the Subscriber also undertakes to:
- prepay the Company the Credit Guarantee or deliver to the Company an acceptable bank guarantee for an amount equal to the Credit Guarantee, which amount will be established jointly with the Company, as well as to see to its adjustment, where required, so as to ensure that a sufficient credit balance is always available for the smooth performance of the Subscription Based Passages until their payment in full;
- pay in full promptly, namely within thirty (30) calendar days from the date of issuance of the respective invoice, their overall amount due to the Company.
8.11 In case of a postpayment Subscription Program, in addition to the above obligations under points 8.1–8.9, the Subscriber also undertakes to:
- to pay in advance the appropriate amount that corresponds to a specific number of passages and renew it, in order to ensure there is always sufficient balance in their Subscription Account, and in any case above the Bad Account Limit and in order to:
- have Monthly Fixed Charges paid, if such charges are specified in the Subscription Program, in accordance with the applicable Subscription Program Pricelist;
- allow the value of the Subscription Based Passages to be automatically taken from the Subscription Account, which value is calculated based on the Toll Pricelist per vehicle category and any discounts, as well as the value of all other charges that result hereunder and under the Subscription Program Pricelist.
2. to use any manual lane at the toll plaza to pay in cash for their passage and then renew their Subscription Balance when the balance of such Subscription Account is under the Bad Account Limit.
9. ELECTRONIC TRANSPONDER/ SMART CARD USE
Electronic Transponder Use
9.1.1 The Electronic Transponder is the only way to perform Subscription Based Passages through the electronic toll lanes.
9.1.2 The use of the Electronic Transponder is permitted exclusively on the Eligible Vehicles indicated in par 1.3.
9.1.3 Vehicles carrying an Electronic Transponder may use electronic or manual lanes.
9.1.4 No vehicle may pass from the special electronic lane without an Electronic Transponder or with an Electronic Transponder which has in anyway become invalid.
9.1.5 In case of fraud, alteration or tampering with the transponder, the Company may terminate the Agreement. In case of incompatibility with any upcoming updates of the electronic toll collection, the Company shall replace the Electronic Transponder.
9.1.6 In no case may the Electronic Transponder be transferred by the Subscriber to other Vehicles of any Subscription Category. In case this provision is violated (Transfer of the Transponder to other Vehicles of any Subscription Category) and notwithstanding all of its other rights, the Company is entitled to debit the Subscription Account with the applicable toll that corresponds to the Vehicle Category that made the passage (in accordance with the Toll Pricelist) along with any additional administrative expenses and costs incurred by the Company and to terminate the agreement in accordance with par 12.2 hereof.
9.1.7 The Subscriber is the sole responsible for the correct use of the Electronic Transponder they receive.
9.1.8 The Subscriber must comply with and see to the following:
- their obligation to install and maintain the Electronic Transponder based on the use instructions on the windshield of the Eligible Vehicle;
- the need to keep, unless otherwise indicated by signs, a distance of at least ten (10) meters from the vehicle ahead of them when driving through the electronic lane and stopping, to ensure the optimum operation of the electronic toll collection system;
- the existence of parapets in the electronic lane;
- compliance with the signs and signals at the Company’s toll plazas and lanes;
- compliance with the speed limits;
- the Subscriber may in no case keep more than one Company Electronic Transponder on their vehicle. Otherwise, the Subscriber will be liable for all consequences;
- the Company may not be held liable in case of accidents or damages or injuries, as well as of death caused due to failure to comply with the above;
- the user must drive through the electronic toll lane after the bar has been raised completely.
- in case of loading of the Eligible Vehicle in a roadside assistance vehicle, in order to avoid erroneous charges, before loading, the Electronic Transponder should be removed from the Eligible Vehicle.
9.1.9 The toll fee that must be paid by Eligible Vehicles depends on the vehicle category determined on the spot by the electronic system. It is recommended that Eligible Vehicles with changes either on their height (depending on the cargo they carry) or on the number of their axels (due to lifted axels -for trucks), pass through manual lanes instead of electronic lanes. The Company may not be held liable if Eligible Vehicles are placed under the wrong category.
9.2 Smart Card Use
9.2.1 Subscription Based Passages when using a Smart Card can be made only at manual lanes or self-service lanes.
9.2.2 The Eligible Vehicles indicated in par 1.3 may use Smart Cards.
9.2.3 Smart Cards may not be used for more than one Eligible Vehicle of the same category.
All provisions of par 9.1 above that refer to Electronic Transponders also apply to Smart Cards if such analogy is possible.
9.3 Malfunction
9.3.1 The Company will allow Subscription Based Passages on the Maliakos-Kleidi Section of PATHE Motorway using Subscription Programs on a 24/7/365 basis, however, it retains the right to suspend the service for certain time periods to carry out scheduled necessary toll equipment maintenance and upgrading works.
9.3.2 In case of maintenance, repair, upgrading and enhancement works on and/ or technical fault and/ or malfunction of the toll equipment in general which may render Subscription Based Passages through the toll plaza impossible, the Subscriber must use manual lanes, where, if it is not possible for them to use the Transponder and/ or the Smart Card, they must pay the applicable toll fee in cash (based on the Toll Pricelist). In that case, the Subscriber will be entitled to receive the discount (if any – as agreed upon and included in the Subscriber’s Subscription Program) which they have not received due to the malfunction and which the Company will credit to the Subscriber’s account at the end of the current or next month, provided that the Subscriber will submit to the Company the respective documentation. The Company assumes no other liability or obligation vis-à-vis the Subscriber, and the latter will not be entitled to claim compensation for other direct or indirect damages.
9.3.3 In case of technical fault and/ or normal wear and tear of the Electronic Transponder and/ or Smart Card, the Company will replace the Electronic Transponder and/ or Smart Card at no charge for the Subscriber within the shortest possible time, and such replacement per se will be the sole responsibility and obligation vis-à-vis the Subscriber, and the latter will not be entitled to claim compensation for direct or indirect damages. To avoid any such instances, the Subscriber may submit a request to the Customer Service for the special eway protective pouch recommended for storing any other appliance that they do not wish to use when going through the Company’s electronic lanes.
9.3.4 Where the Subscriber has more than one Electronic Transponder or other third company transponders on their vehicle, the Company may not be held liable for any malfunctions or charges regarding use of a different transponder than the Subscriber wanted, either this belonged to the Company or to other companies. To avoid any such incidents, the Subscriber may – following a request to this effect to Customer Service – get the special eway protective case where he can store any additional transponder he uses not to use when going through the electronic lanes of the Company.
9.3.5 The Company may not be held liable in case of accidents or damages or injuries, death caused due to failure to comply with the above.
9.3.6 Where for safety reasons or due to works or for any other reason there is no electronic lane open, the Subscriber must use manual lanes.
9.4 Barring
9.4.1 The Subscriber may request the barring of the use of the Electronic Transponder and/ or Smart Card only where the Electronic Transponder and/ or Smart Card has been stolen or lost.
9.4.2 The barring request will be submitted by the Subscriber either in person at the Company’s Subscriber Service Points or by fax or email to Customer Service, or by submitting a request via the “My eway” platform, indicating, among others, the code of the Electronic Transponder and/ or Smart Card.
9.4.3 The Electronic Transponder and/ or Smart Card will be barred as soon as practicable and in any case on the business day after the day on which the respective instruction has been received.
9.4.4 The Company may not be held liable for consequences of barring, if it has received a request/ instruction in writing to that effect, accompanied by the Subscriber’s data, even if the Subscriber’s representative did not have special authorization to request such barring.
9.4.5 Upon their request, the Subscriber will receive a new Electronic Transponder and/ or Smart Cart with a new Authentication Number within the shortest time possible.
10. CHANGE IN THE SUBSCRIBER INFORMATION
10.1 In the event of a change in the address or other details listed in the Subscriber’s application – agreement change, the Subscriber must inform the Company in writing within thirty (30) calendar days of such change.
10.2 Any such change will enter into effect within a reasonable amount of time after the date the Company received such notification.
10.3 Up until the above change, all Company documents to the Subscriber will be validly notified to the previous address.
11. CHARGES & PAYMENT – TERMS OF PAYMENT
11.1 Charges & Payment
11.1.1 Each month, the Company will prepare a statement listing toll transactions which is uploaded on the “My eway” platform or made available to the Subscriber at the Customer Service Points, in accordance with par 7.3 hereof.
11.1.2 Depending on the Subscription Program, for each billing period and for each Electronic Transponder and/ or Smart Card the statement will indicatively list the following:
- the date and time of each Subscription Based Passage;
- the lane and toll plaza for each Subscription Based Passage;
- the passage value depending on the Eligible Vehicle category;
- the toll fee;
- the Monthly Fixed Charge (if any);
- the amount that corresponds to the total number of Subscription Based Passages;
- the amounts prepaid by the Subscriber, for prepayment Subscription Programs;
- the amount of unpaid charges carried forward from the previous period, for postpayment Subscription Programs;
- the Value Added Tax (VAT) applicable on the above amounts;
- any other debits/ credits that result hereunder and in accordance with the Subscription Program Pricelist.
11.2 Terms of Payment
The Subscriber may top-up the Subscription Account by paying cash or using a bank card at a manual lane or at a Customer Service Point. Furthermore, top-ups are possible online, via the “My eway” platform or by phone using a debit or credit card. Lastly, the Subscriber can top-u their account via e-banking, noting the unique bank payment code found at the top of this application-contract.
12. TERMINATION
12.1 By the Subscriber
12.1.1 The Subscriber may terminate this agreement at any time. In that case, for Prepayment Subscription Products, the Company will refund to the Subscriber free of interest the amount remaining in their Subscription Account after deducting all charges due that result hereunder and in accordance with the Subscription Program and Toll Pricelist. For Postpayment Subscription Programs, where the Subscriber has no debts to the Company hereunder or in accordance with the Subscription Program and Toll Pricelist, Subscribers will be refunded the Credit Guarantee and the Device Guarantee (if any). Where the Subscriber has debts to the Company hereunder and in accordance with the Subscription Program and Toll Pricelist, such debts will be billed and offset with the Credit Guarantee amount.
12.1.2 It is full evidence of the termination of the Agreement by the Subscriber and the Company must immediately terminate the use of the Electronic Transponder and/ or Smart Card when the Subscription Account remains idle for a period of two (2) or more consecutive years, namely when all of the following conditions apply: a. the Subscriber has not made any Subscription Based Passages; b. the balance of the Subscription Account is nil; c. the Subscriber has not sent prior to the end of such period of time a letter whereby they inform their wish to have the Subscription Account renewed.
12.2 By the Company
12.2.1 Reserving all its rights, the Company is also entitled to terminate this agreement at no cost for same and immediately terminate the use of the Electronic Transponder and/ or Smart Card, after having previously notified the Subscriber in writing, in any one of the following cases: where the Subscriber fails to perform any one of their obligations or to comply with any one of the terms hereof, including those on the use of the Electronic Transponder and/ or Smart Card or where the Electronic Transponder and/ or Smart Card system is cancelled/ converted on any grounds or where the Concession Agreement expires or is terminated in any way. Where the Subscriber uses a postpayment Program and has debts to the Company hereunder and in accordance with the Subscription Program and Toll Pricelist, such debts will be billed and offset with the Credit Guarantee amount.
12.2.2 The Company is also entitled to terminate at no cost for it this Agreement and immediately terminate the use of the Electronic Transponder and/ or Smart Card, after having previously notified the Subscriber in writing: i) if the Subscription Account has remained idle for a period of two (2) or more consecutive years, namely when all of the following conditions apply: a. the Subscriber has not made any Subscription Based Passages; b. the balance of the Subscription Account is nil; c. the Subscriber has not sent prior to the end of such period of time a letter whereby they inform their wish to have the Subscription Account renewed, or ii) if the Subscription Account has remained idle for a period of two (2) or more consecutive years, for the Company to release the Electronic Transponder and/ or Smart Card.
12.2.3 Where this Agreement is terminated by the Subscriber or the Company, the Company will refund the Subscriber free of interest and immediately after having received from the Subscriber written confirmation of their address, any balance in the Subscriber’s Subscription Account, after having deducted any debts the Subscriber has to the Company (such as unpaid bills, Replacement Cost, etc.).
12.2.4 Where this Agreement is terminated by the Company due to failure on the part of the Subscriber to perform any one of their obligations or to comply with any one of the terms hereof, including those on the use of the Electronic Transponder and/ or Smart Card or because their Subscription Account has remained idle for a period of two (2) or more consecutive years, the Company will be entitled to impose to and charge the Subscriber the respective costs and expenses it will incur as a result of such termination (such as administrative costs, document dispatch expenses, etc.).
13. SUBSCRIPTION PROGRAM CHANGE
In any case, the Subscriber is entitled to change their Subscription Program and opt for another one of the Subscription Programs the Company offers at any given time. The Subscriber will make such change by filing a Subscription Program change application with any one of the Company’s Customer Service and submitting such supporting and authorization documents as are required under the Subscription Program they will choose. The new Agreement will enter into force and the old one will expire on the first day of the calendar month that follows the calendar month on which the application was submitted.
14. APPLICABLE LAW & SETTLEMENT OF DISPUTES
14.1 This Agreement will be governed by Greek Law and the Courts of Larissa will be competent to settle any disputes that arise from this Agreement.
15. OTHER PROVISIONS
15.1 (a) The Company reserves the right to introduce any changes to these general provisions and/ or introduce any changes to the Subscription Program Pricelist, the Subscription Programs, including the discontinuation of any one of the Subscription Programs that apply at any given time. Such changes to or discontinuation of Subscription Programs will be notified to the Subscriber (in writing or by public announcement) within a reasonable amount of time prior to their entry into force.
(b) Where the Subscriber does not accept such changes, they must terminate the Agreement in accordance with the provisions herein. Should the Subscriber fail to answer within one (1) month from having received such notification, the Subscriber will be deemed to have accepted the respective changes.
(c) Toll increases, additional charges as well as any change in the Pricelist will become effective after a reasonable amount of time from their public announcement. Toll decreases may enter into force immediately after they have been announced.
15.2 As regards the determination of toll fees, Article 25 of the Concession Agreement signed between the Company and the Greek State (Law 3605/2007), will apply.
15.3 The Company hereby states that the Electronic Transponders and/ or Smart Cards have been manufactured in compliance with the requirements of European Union Directives Nos. 1999/5 and 73/23 and in accordance with Presidential Decree 98/2017.
15.4 The headings of sections/ paragraphs hereof are purely used for guidance purposes and do not affect the construal hereof.
15.5 The Subscriber acknowledges and unreservedly accepts that all these terms and the Toll and Subscription Program Pricelist are the full and sole agreement between the parties which has precedence over any other prior written or oral agreement between the Company and the Subscriber.
15.6 Any reference to the terms Electronic Transponder and Smart Card in the singular will also apply to the plural of such terms.
15.7 Failure on the part of the Company to exercise any of the aforementioned or any other of its rights provided for under applicable legislation, either once or repeatedly, will not imply or may not be considered as waiver of such rights or evidence of its intention to waive them.
15.8 The Subscriber may not concede or otherwise transfer their rights and obligations hereunder without the Company’s prior written approval. The Company may concede or otherwise transfer its rights and obligations hereunder to any third party at its absolute discretion.
15.9 The Company reserves the right to not implement subscription programs or modify them depending on the commercial policy it applies, as well as to refrain from imposing a Device Guarantee for loss, theft of or damage to an Electronic Transponder, or Fixed Monthly Charge, as well as Transponder Replacement Cost. It is pointed out that changes to the Company’s commercial policy are made following public announcement made by the Company within a reasonable amount of time prior to the entry of such changes into effect. Changes in the commercial policy implemented may include but not limited to the introduction of new or the cancellation of existing terms of payment, changes to the applicable terms of use of a payment method, the exclusion of one or more Eligible Vehicle categories from a specific payment method.
16. DATA PROTECTION
16.1 The personal data provided by the Subscriber within the framework of this agreement are collected and kept by the Company in line with the legislation on the “protection of personal data” for the provision of the electronic tolls service and for communicating with the Subscriber. Regarding any data disclosed by the Company as required by the law or a court decision, recipients may be State or judicial authorities. The Subscriber declares and acknowledges that they have exclusive access to the e-mail address provided to the Company and in any case, that they are solely responsible for the transmission, notification or disclosure to persons or by persons in their sphere of influence, of their personal data which are accessed through the electronic toll service. The Company is not liable to the Subscriber, and / or any third party, in any legal or any other claim or dispute for acts / omissions of the Subscriber, its staff and generally any persons associated with it with any type of relation or affiliation, representation, etc., which acts / omissions resulted in the access, processing, management, use, etc. by unauthorized third parties of their personal data provided to the Company for the purpose of the electronic toll service and its pricing as described in detail in the present Agreement.
16.2 The Company keeps in a file and will process the Subscriber’s personal data in order to provide / execute, upgrade and improve the electronic toll service.
16.3 The Company states that the Subscriber’s personal data are kept and processed for the above purposes as well as for the issuance of the invoices for the service and will not be forwarded to or shared with any third parties except within the framework and under the conditions set by the relevant legislation on the protection of personal data.
16.4 The Company is not responsible for any breach of confidentiality of communications by the part of the Subscriber or by persons related to or associated with the Subscriber (relations, representatives, etc.) or from unauthorized use of their username/ password, which will result in non-authorized persons accessing, processing, managing, using, etc. the personal data contained in this application.
16.5 The Company recognizes the importance of the matter pertaining to the protection of personal data and has taken all necessary measures, in line with the most modern and advanced methods, for the protection of personal data collected.
GENERAL TERMS & INSTRUCTIONS OF USE FOR INTEROPERABILITY – GUIDE FOR SUBSCRIBERS
Definitions:
Motorways/ Toll Management Authorities are the following road axes and the respective management authorities that are already part of the Interoperability network, as this is defined herein.
- | Motorways | Toll Management Authority |
---|---|---|
Α | ELEFSINA –STAVROS – SPATA A/P MOTORWAY AND THE IMITTOS WESTERN PERIPHERAL MOTORWAY | ATTIKI ODOS SA |
Β | ELEFSINA KORINTHOS PATRA (TSAKONA PYRGOS) | OLYMPIA ODOS SA |
C | KORINTHOS TRIPOLI KALAMATA MOTORWAY AND LEFKTRO – SPARTI BRANCH | MOREAS SA |
D | MALIAKOS KLEIDI | AEGEAN MOTORWAY SA |
E | RION ANTIRRION BRIDGE | GEFYRA SA |
F | IONIA ODOS AND PATHE MOTORWAY ATHENS MALIAKOS AND CONNECTING PATHE BRANCH SHIMATARI – ATHENS | NEA ODOS SA |
G | PATHE MOTORWAY SKARFEIA – RACHES SECTION | CENTRAL GREECE MOTORWAY SA |
H | EGNATIA ODOS AND VERTICAL AXES Ε86 – Ε75 – Ε79 | EGNATIA ODOS SA |
The term “Motorways” shall also include motorways (and the respective Toll Management Authorities) and/ or new motorway sections that will join the Interoperability Network in the future under the terms and conditions agreed herein and will be deemed as such from the date of their inclusion onwards. Subscribers will be notified of motorways/ new motorway section joining the interoperability network via public announcement.
Authorized vehicles: are the vehicles that, provided that they belong to the vehicle categories specifically authorized by the Provider to use an Electronic Appliance and are equipped with such Electronic Appliance, may use Interoperability according to the particular terms of use for the Electronic Appliance applicable for each Motorway.
Provider of Electronic Appliance or Provider: is any of the above Toll Management Authorities (from the ones mentioned above) with which the Subscriber has entered into an agreement for the payment of tolls by use of an Electronic Appliance (and/ or any other authority entitled in the future to lawfully provide the said toll payment subscription service and has joined the Interoperability Network).
Operation Companies: are companies that have been authorized on the basis of an agreement to operate as direct agents of the Toll Management Authorities for the collection of tolls, i.e. ATTIKES DIADROMES SA, for Elefsina – Stavros – Spata Airport Free Motorway and Imittos Western Peripheral Motorway, GEFYRA OPERATION SA for the Rion-Antirrion Bridge, OLYMPIA ODOS OPERATION SA for the Elefsina-Korinthos-Patras (Pyrgos Tsakona) Motorway, as well as any other similar company that will be established in the future, for which Subscribers will be informed via public announcement.
Interoperability: is the option provided to Authorized Vehicles of Subscribers to pay tolls at the toll stations of all Motorways mentioned above via a Provider’s Electronic Transponder.
Electronic Transponder: is the special Electronic Appliance – Transponder (as well as any other special Electronic Appliance that could be put in operation in the future) provided to the Subscriber and installed at the Authorized Vehicles, as these are specified by each Provider, for the payment of tolls at any toll station of the Motorway.
Subscriber: is the natural or legal entity that has entered into an agreement with one or more Subscribers for toll payment via Electronic Appliance.
Any reference to the abovementioned terms such as Authorized Vehicle, Provider, Electronic Appliance, Subscriber in the singular form applies to the plural form as well.
From the Interoperability Commencement Date, all authorized vehicles can, without having to submit a request or take any other action, make use of the Interoperability to go through electronic toll lanes and/ or manual lanes at the toll stations of the Motorways using (any) Provider’s Electronic Appliance and having the respective toll fee (as applicable) charged to the respective Subscriber’s account, under the following terms of use, instructions and limitations:
Interoperability is provided to all Subscribers’ Authorized Vehicles which, depending on their category, are equipped with a Provider’s Electronic Appliance under the terms and conditions applicable for each Motorway and of which the Subscriber should be made aware prior to using Interoperability. The vehicle categories for which the Subscriber may make use of Interoperability are set out in detail in the terms of the Application- Agreement that the Subscriber has entered into with the Provider. Motorcycles are exempt from Interoperability, whilst for any other limitations and/ or exceptions regarding use of Interoperability by other categories of Authorized Vehicles at other Motorways apart from the Provider’s one, the Subscriber shall contact the Issuer and/ or the Toll Company. It is pointed out that: (a) transactions at the lanes of the Motorways’ toll stations are charged based on the toll pricing of the toll stations where the Authorized Vehicle goes through making use of Interoperability. The applicable toll fees are posted on the toll stations of the Motorway and are available on their website. Subscribers are informed of any readjustments via the announcements of each Motorway. For this reason, it is deemed reasonable that the Subscriber is aware (and should be aware) of the applicable toll fees depending on the category of their vehicle prior to using Interoperability, (b) the categorization and respective charges for vehicles going through electronic lanes is done electronically, via the installed electronic toll collection system of each Motorway, on the basis of the physical characteristics of the vehicle (height/dimensions, number of axles etc) and in accordance with the terms and limitations (categorization, limitations in the lane use, etc) applicable at each Motorway. For this reason and for the benefit of the Subscriber’s Authorized Vehicle if this carries extra load on the car roof (luggage, bikes etc), or in case of a truck, if it has elevated axles, thus possibly leading to the differentiation in the categorization of the vehicle, it is recommended that the manual lane is used instead of the electronic one, so that the vehicle may be correctly categorized and the appropriate toll fee to be charged, otherwise the Provider and the respective Toll Management Authority have no responsibility towards the Subscriber.
Before embarking on a journey, the Subscriber ought to be aware of their account balance prior making use of Interoperability at other Motorways.
It is clarified that (a) the activation and/ or renewal of the subscriber’s account is made only at the network (points of sale/ provision, toll lanes etc) of the particular Provider and not at the network (points of sale/ provision, toll lanes etc) of other Providers or Motorways. In particular, in case a Subscriber’s account is renewed at a manual lane or at a customer service point of a Provider, at least one (1) hour is required before the credited amount can be used via the Interoperability service. For the renewal of the Subscription Account via cooperating networks (Banks, companies etc), at least one (1) day is required in order for the credited amount to be available for use via Interoperability and (b) each Provider may issue a joint statement of transactions which shall distinctly show electronic transactions of Subscribers’ Authorized Vehicles at Toll Stations of each Motorway where Interoperability was used. Such statements are sent to Subscribers by the respective Provider based on the provisions of their Application – Agreement or at any other time, following the Subscriber’s request to this effect.
In case it is not possible for Interoperability to be used due to maintenance, upgrade works and/ or technical fault or malfunction, the Subscriber’s Authorized Vehicle ought to pay the applicable toll fee (based on the applicable toll prices of the Motorway where Interoperability is used) using another available lane (electronic or manual toll lane), either paying by cash/ debit card/ credit card, or use the Electronic Appliance, if technically possible.
Any discounts provided are offered as part of the subscription programs of each Provider, depending on their commercial policy and are valid on the Motorway which is managed by the said Provider and are not valid or extended or applicable to other Motorways.
- Passages from the toll stations of the Motorways are recorded with electronic means for safety reasons and for pricing purposes and may be used in case transactions are contested.
- Toll Management Authorities (and/ or operation companies) and the Providers maintain the right to transfer amongst them data regarding their subscribers for the purposes of investigating incidents and/ or solving problems or complaints made by Subscribers concerning transactions that occurred whilst making use of Interoperability and only between the Provider and the particular Management Authority that the case involves. As regards the processing of personal data taking place within the framework of Interoperability, the Providers/ Toll Management Bodies are jointly responsible for data processing and for complying with the provisions of the General Regulation on Data Protection (EU) 2016/679 (GDPR) and Law 4624 / 2019. The Subscriber has all the rights provided in Chapter III of the GDPR (right to access, to request correction, deletion, restriction of processing, data portability, to raise an objection and to take recourse to the Personal Data Protection Authority) which they can exercise vis-a-vis the Provider, with whom they have a contract, provided that the conditions set by GDPR are met; the latter may, if required, forward the said request to the competent Toll Management Authority. The Providers/ Authorities state that they have taken all necessary technical and organizational measures to ensure the safe processing of personal data collected, stored and processed in accordance with Article 32 of GDPR. For further information, the Subscriber may refer to the Privacy notice posted on the website of each Provider/ Toll Management Authority.
- In case the Authorized Vehicle is equipped with more than one Electronic Appliances by one or more Providers, the electronic toll collection system of the Motorway recognizes (randomly) one of these appliances. Therefore, when going through toll stations, the driver of the Authorized Vehicle should have already selected the Electronic Appliance of the Provider it prefers to use so that the applicable toll fee is charged to the preferred subscription account and that the Subscriber may take advantage of any possible discounts available as part of the Program it has subscribed to. Otherwise and in case the electronic toll collection system recognizes a different Electronic Appliance from the one the Subscriber prefers, the Provider and the Toll Management Authority have no responsibility.
- The terms for the implementation of the Interoperability, as well as the future inclusion of other Motorways in the Interoperability System shall be posted and uploaded on the web pages of the Motorways participating to the Interoperability Network or notified to the Subscribers in any other suitable way as regards imminent amendments. The toll fees, discounts vehicle categories as well as any other terms & conditions applicable at each Motorway etc shall be posted and uploaded on the web page of the Toll Management Authority of the particular Motorway.
- For issues pertaining to the use of the Electronic Appliance, the Subscriber shall address such queries to the Provider of the Electronic Appliance.
- Motorways/ Providers may be able to readjust credit levels for Subscribers that are entitled to post-payable invoices where this is available due to Interoperability.
- Motorways reserve their right to amend the present terms according to the applicable legislation. In this case, the Motorways shall inform the Subscribers via the press and their website or via any other suitable way regarding any imminent amendments.
- The Subscriber recognizes and accepts that the provision of Interoperability is based on the technological and telecommunications infrastructure of Providers, Toll Management Authorities and/ or third parties (such as telecommunication companies etc). Therefore, the Subscriber accepts that the Providers / Toll Management Authorities are not responsible towards the Subscriber for any breach of the terms set out herein and for any inability to meet their obligations and/ or the temporary suspension of Interoperability owing to the occurrence of any casus fortuitous, technical problem, maintenance & upgrade works of their technical infrastructure or a force majeure event.
- The present General Terms constitute an Appendix of the Application –Agreement that the Subscriber has entered into with each one of the Providers. These general terms are notified by the Provider to the Subscribers based on the respective Application – Agreement.
- To avoid any doubt, the use of interoperability presupposes the unreserved acceptance of Interoperability by the Subscriber for all Motorways participating to the Interoperability System participating. If the Subscriber does not agree with the present terms of Interoperability, then they should refrain from using the said service at participating Motorways, except for the road axis that belongs to the Provider of the electronic appliance. Use of Interoperability by the Subscriber is deemed as acceptance by their part of all terms and conditions outlined herein as well as of the particular terms and conditions applicable or the implementation of Interoperability on each Motorway as per par 10 hereof.
In any case, the Subscriber maintains the right to terminate the Application – Agreement it has entered with the Provider as per the specific provisions of its Application – Agreement.
- For more information or clarifications, the Subscriber can address the respective queries to the Provider and/ or the Toll Management Authorities.