Legal terms and conditions of use

  1. Terms&Conditions summary
  2. Pagatelia user account general conditions and mobe® sign-up contract.
  3. Contract for the assignment for the use of mobe® electronic device for payments by means of the interoperable 'VIA-T' remote control system annexed to the General Conditions of the account in Pagatelia.
  4. Pagatelia mobe® bank account (only available for Spanish Bank Accounts)
  5. Authorization for automatic top-up of your account with card.

THE FOLLOWING CONTENT IS A TRANSLATION FROM THE SPANISH ORIGINAL VERSION. IN CASE OF DIFFERENCES, THE SPANISH VERSION SHALL PREVAIL

Terms&Conditions Summary

These are the key points.

Pagatelia has the most competitive and complete offer in the electronic toll VIA-T market. These are our conditions:

 

1) VIA-T mobe® is a payment device for car-related services and is issued by Pagatelia.

 

2) We have three different plans: Formula Fácil, Usuario Frecuente and Tiempo Libre (www.pagatelia.com/tarifas-viat).

 

3) The use in Italy and France has a cost of 2'4€ per natural month of use for each country in which you use it. If you don't use it, you don't pay anything.

 

4) There are no additional fees or commitment to stay. If you don't use it, you just have to return us the device.

 

5) You have access to online invoicing. Free of charge. For France and Italy we do not issue an invoice, only proof of payment.

 

6) When subscribing the service, we will open a Payment Account in Pagatelia. You don't have to worry about toping up your account. Top ups are automatic, through the associated payment method. In your user profile you can choose the amount -we recommend selecting the average monthly consumption- and the minimum balance below which an automatic recharge will be generated. 

 

7) The balance and the automatic recharge of your account will be a minimum of 15€ for light vehicles and 250€ for heavy vehicles (>3.5 Tn.).

 

8) Top ups costs vary depending on the payment method associated. They are as follows: 

 

-Card (VISA/Mastercard) issued to individuals: 0.25€.

-Card (VISA/Mastercard) issued to companies/self-employed persons: 0.99€ for each 100€ 

-Card (American Express): 0,99€ for each 100€  

-International Cards/Other Cards (e.g. issued by Carrefour Financial Services): €0.99 for every €100

-Paypal Account: 0,99€ for each 50€  

-Spanish bank account: 0,25€. 

 

 

1. Pagatelia user account general conditions and mobe® sign-up contract.

1. Acceptance of general conditions

  1. Current General terms and conditions apply to the use of the service described in section 2 (the “service”) provided by Pagatelia S.L. (“Pagatelia”) through URL www.pagatelia.com or any other that might be used in the future.

    Pagatelia is a Payment Services Provider (Non-financial entity), a Spanish company, having its registered address at Calle Segundo Mata, 6, Oficina 2, 28224 Pozuelo (Madrid) duly registered under the number B-86058294, registered at the Business Registry of Madrid, Volume 32186, sheet 69, section 8, page 508006, Inscription no. 1 with Customer Service in atencionalcliente@pagatelia.com . Please read the terms. At any time you may print or save the Terms and conditions.

  2. By using the service you are agreeing to be bound by each of these general conditions, as it is established in following section 1.3. We encourage you to read these terms and conditions carefully.

  3. In order to use our service you need to have have the power to enter a binding contract with us and not be barred from doing so under any applicable laws. In case you do not fully understand Terms and Conditions or you do not agree to any provision you must not use the Service.

  4. Likewise, you must read our Privacy Policy, which link is displayed on our website home page, as well as its instructions, texts or specific notices. These elements will be fully applied inasmuch as they are not contrary to the General Terms and Conditions.

  5. These Conditions govern the opening, use and closure of your Pagatelia User Account, as well as your legal relation with Pagatelia, together with Pagatelia Privacy Policy. Certain payment methods may require you to accept its specific terms and conditions of use.

  6. Certain Account types may need the user to accept additional terms and conditions. In this case, the client will be duly informed.

2. Object of the Service. Pagatelia payment account.

  1. Your account in Pagatelia is a payment account that allows you to execute payment transactions to goods and service suppliers with which Pagatelia has subscribed commercial agreements. In order to execute this payments Pagatielia may provide you with cards or devices, which acceptance would imply the consent to its terms and conditions.

  2. Money transferred to your Pagatelia Account will be deposited in a Financial Entity authorized by Banco de España (Spanish national banking autorithy). Pagatelia strictly complies with Law 16/2009, referring to payment services , in order to preserve the liquidity and security of its clients funds.

  3. User payment account is not a banking account. Thus, funds will not be considered deposits and they will not yield any interest. Accounting funds without any activity within a year will be reimbursed to the Account holder and we will proceed to the closure of your account.
  4. Account holder has the right to request the reimburse of the funds, provided that the balance of its account is enough to pay any service fee that applies to the closure of the account. Funds in a payment account are owned by the account holder and no-one else will hold any in relation to these funds.

  5. Pagatelia´s Account ownership is non-transferable and may be subject to certain deposit, payment and reimbursement limitations, in accordance to the law, specially Anti Money Laundering obligations. In compliance with Data Protection regulation the holder allows Pagatelia to exchange commercial information.

3. Payment account opening and use.

  1. In order to use Pagatelia services, you must open a payment account in Pagatelia, link a payment method and accept General Conditions and Terms of Use. Account subscriber can only open one account, that will generate an unique identifier.

    Account subscriber must provide provide true, accurate, current and complete information and must inform Pagatelia about any change.

  2. Pagatelia offers different payment methods. Every payment option will be available at all times on the website.

  3. Subscriber is solely liable for any fraudulent use of Pagatelia’s paying methods, Account or payment methods linked to the Account.

  4. Subscriber will be able to cancel this Agreement at all times without any penalty. An obligation to return the Payment methods and/or any payment device will arouse from the cancellation of the Account, as well as the payment of the expenses made until Pagatelias reception of the devices or payment methods. These charges will be deducted from the reimbursable amount.

  5. You can check your transactions on our website, together with any service fee or commission. Each transaction has its own transaction ID, which you can find on the transaction history. You must indicate this ID number in case you address Pagatelia regarding any activity. You should periodically check your transaction history. You should contact our Customer Service (ayuda@pagatelia.com) in case you find any irregularity or in order to clarify questions concerning your account.

  6. The subscriber is responsible for the periodical monitoring of the payment account, as well as reading the messages related to your account sent by Pagatelia.

4. Pagatelia Account security provisions.

  1. The subscriber agrees not to give or make available your password. Our staff will never ask you to provide us with your password or make it available to any third parties. If you receive any message from any website different from Pagatelia website asking for your password, you must communicate it to us.

  2. As a security measure, you should periodically change your password and follow the security recommendations. If you believe someone has accessed your account, you should immediately communicate it to Pagatelia.

  3. If Pagatelia suspects someone has accessed your account, or your security has been affected in some other manner, Pagatelia may suspend, block or limit access to your account until your account security is restablished.

  4. The subscriber should take all the security measures to ensure his email account safety, since it can be used to restore your password or communicate with you regarding the security of woth you regarding the security of our account. If you believe someone has accessed your account, you should immediately communicate it to Pagatelia.

  5. In case you access your account from a public or shared device, you must make certain that your information will not be saved or registered. If you use a personal device, refrain from using any functionality that saves or stores your password.

  6. Payment instruments issued or managed by Pagatelia may require some additional security measure that would be informed to you before subscribing.

5. Closing of Pagatelia Payment Account

You can close your account at any time by communicating with our Customer Service (ayuda@pagatelia.com) and then following the instructions. In case the payment account held positive a positive balance in the moment of the closure, we will proceed to the reimbursement of those funds as stated in clause 2.4.

 

The closure of your account will not erase your personal data and Pagatelia may keep your Account information, including your transactions history, during the time frame established by law.

 

6. Funding of your account

  1. You can fund your Account in www.Pagatelia.com, signing in your payment account and then following the instructions. You may choose between different funding options depending on the payment method associated to your payment account. 
  2. Account funding methods are services provided by independent financial institutions and they are not part of our service provided. These payment methods issuers may charge you fees that are external to Pagatelia and depend on your agreements with the corresponding financial institution. Pagatelia does not guarantee the use of any third party payment method and may change or interrupt the acceptance of any payment instrument at any time. Pagatelia will not be liable for the funds deposited until its reception.

You may fund your account by using the following payment methods:

-Bank transfer, following the instructions provided on our website.

-Credit or debit car.

-PayPal Account.

 

  1. If funding through our website, Pagatelia may ask you to answer certain security questions in order to guarantee the correct authorization of a transaction.

  2. If you select a payment method subject to return right (such as credit or debit cards) you expressly declare that you will not exercise this return right unless in case of an unauthorized use of such payment instrument, or in case of our breach of this agreement, that will result in you holding refund rights against Pagatelia.

  3. You may not cancel or reverse any fund transaction for reasons outside Pagatelia’s responsibility, including disputes with third parties service providers, or insufficient funding in your payment method account. Pagatelia reserves the right to charge any fee or expense incurred in respect of mentioned cancellation or reversal, including any opposing act. We may charge you an unjustified transaction refuse or cancellation fee of 10 EUR.

  4. If a negative balance was held in your account, you expressly authorize Pagatelia to execute an automatic payment order in order to cover that negative balance and the minimum top-up amount. In case that payment order was not executed, Pagatelia will ask you to pay that negative balance using other payment methods. Failure to comply with the above provision shall constitute a breach of this agreement. Payment of the negative balance must be done immediately, even without notice. Pagatelia reserves the right to send you reminders, in any moment, or recover amounts you owe us through legal means, including, without limitation, through the use of a debt collection agency. We reserve the right to charge you any costs that we incur in relation to the collection of the debt.

  5. Funds will be credited to your account on the same date Pagatelia receives them. Some funding transactions, such as those made using a credit or debit card, direct debt o direct bank, will be immediately credited to your account, but are subject to cancellation in case real funds are not received by Pagatelia in a reasonable period, in which case Pagatelia will debit the amount of the transaction from your account. If the balance in your account is insufficient, we reserve the right to require the payment.

  6. You must not fund your account using payment instruments which you are not authorized to use. We will consider this behavior fraud. Without prejudice to any other claim, if we have to refund any payment made with a payment instrument that is not in your own name, we may charge you an administration fee of 10 EUR.
  7. Funding of your account may be limited to comply with internal or legal security standards, especially those related to anti-money laundering. You will be duly informed of the limits associated to each payment method.

  8. As a general rule, in top-up and payment transactions in Pagatelia, the sender and the beneficiary will each bear the associated costs. All transactions and top-ups may be subject to fee charge, which are duly published on our website.

  9. You may configure automatic periodic top-ups. You may cancel this automatic payment order at all times by entering your Account and erasing it. You will not be able to cancel any transaction previously done.
  10. You may transfer funds to other Pagatelia account from your own payment account.

 

7. Receipt of funds

  1. If you receive any funds in your account, we will notify you by email and the transaction will appear on your transaction history. You should periodically check that your Pagatelia incoming payments match your personal records.
  2. The reception of funds in your account does not necessarily mean the impossibility to cancel those transactions. Pagatelia reserves the right to cancel or revoke any funding order that we find to be unjustified.

8. Reimbursement of funds

  1. You may request the partial or total reimbursement of your account balance at all times. This refund may be limited by the subscription previously made of some payment method that requires a minimum balance. You may execute this reimbursement right through our Customer Service.

  2. Reimbursements may be subject to some fee depending on the payment method associated. Those fees are duly published on our website.

  3. Pagatelia will not be held liable for the defective execution of a reimbursement to a wrong payment instrument if this error is caused by the wrong information provided by you. You should ensure that the information provided is correct. In case you make a mistake while filling a reimbursement application, you may ask us to assist you to recover those funds. However, we will charge you an administration fee of 25€ and we cannot guarantee the recovery of the funds.

9. Fees

Fees will depend on the plan subscribed. Current fees will always be published in Pagatelia’s website and will be set out either as a percentage or as a fixed euro amount.

 

Fees will be deducted from your account balance and will be charged when the transaction executed. If your account balance is insufficient to cover the fees that apply, we can reject the payment. Cancellation or reversal fees may apply.

 

Top-ups and transactions may have some external third party fee. Pagatelia will inform you of these fees.

 

If the deduction of the fees results in the existence of a negative balance, we will proceed as established in clause 6.6. We reserve the right to charge you any costs that we incur in relation to the collection of the debt.

 

10. Data Privacy

  1. This Privacy Policy governs your use of Pagatelia Account, and Pagatelia products and services, as well as any other features, technologies or functions offered by Pagatelia (collectively “Pagatelia Services”)(including, without limitation, when you provide any information in relation to your use of Pagatelia Services)

    By accepting and consenting to this Privacy Policy content in our General Conditions of Use you expreesly consent to our use of your personal information in the manner described in this Privacy Policy.

    In order to operate the Pagatelia Services and to reduce the risk of fraud, Pagatelia S.L., the data controller, must ask you to provide us with information about yourself, including your credit or debit card and/or bank account details. By consenting to, and agreeing the terms of, you expressly consent and agree to us processing your data in the manner set out herein. This Privacy Policy describes the information we collect and hoy Pagatelia uses that information. Pagatelia takes the processing of your information very seriously and will use your information only in accordance with the terms of this Privacy Policy and General Conditions of Use and Spanish Law.

    If you disagree with the terms and conditions of this Privacy Policy, please do not register for or use the Pagatelia Services.

  2. We collect, store and process your information in accordance with Spanish L.O. 15/1999

  3. . You will receive our email newsletters that will inform you about the features of our new products, events, promotions. Acceptance of our General Conditions means accepting the reception of these periodical newsletters. You can revoke this permission at any time. If you proceed to the cancellation of your account for any reason, we will retain this information for a certain period of time in compliance with applicable law.

  4. If the subcriber cancels Pagatelia payment account for any reason, we will keep the data and operations of his account for the period required by law.

11. Liability

  1. The client will ensure the responsible use and custody of the payment instruments provided by Pagatelia and will check that transactions debited correspond to the services used.

    As Pagatelia does not take part in the contractual relation between the client and the provider of goods and services, assuming, by means of commercial contracts, the prompt payment of the invoices issued for the use of Pagatelia’s payment instruments, and since this payment will be made just by presenting the charges associated to the operations made by the subscriber/user, mutual collaboration is essential to ensure the correct development of the contractual relationship.

  2. Subscriber is exclusively responsible for the good use of the payment methods provided by Pagatelia. Likewise, the subscriber will notify to Pagatelia in event of lost, theft or robbery of the device. The renewal, substitution or issuance of payment instruments, solely corresponds to Pagatelia.

  3. In case of an unauthorized payment or an incorrectly executed charge due to an error of Pagatelia, Pagatelia will return the payment immediately, at the request of the account holder, including all commissions deducted from it.

This will not apply:

-In case the unauthorized payment was caused by breach of this agreement security provisions contained in clause 4, the client will bear any losses up to a maximum of 50 euros, unless clause C below applies.

-If you do not immediately inform us of any event that may affect your account security you will be liable for any amount debited until you notify us that information.;

-In case the transaction was not executed but user’s negligence put account security at risk, you will be liable for any possible losses incurred. or

-In case you do not challenge or notify Pagatelia the execution of an unauthorized payment or a transaction made by way of mistake before the expiry of the legal period.

 

  1. Pagatelia will not be held responsible for any service interruption or hindrance caused by any matter beyond the control of Pagatelia or its commercial partners. Any service malfunctions shall be communicated to our Customer Service.
  2. Pagatelia is an independent contractor for all purposes. Paagatelia does not have control of nor, assumes the liability or legality for the products or services that are paid for with our Service.
  3. Pagatelia’s obligation with respect to these General Conditions of Use is limited to provide the user a Payment Account, with a unique user number, as well as provide the access to the payment instruments issued that Pagatelia that enable you to make payments in our limited network of service providers.
  4. You may not transmit, assign the rights or obligations arising from General Conditions without specific prior written consent from Pagatelia. You are not authorised to transfer your Account to third parties. Pagatelia reserves the right to transfer the rights and obligations arising from General Conditions at any momento without your consent. This does not affect your cancellation right content in clause 5 and 12

 

12. Closure and suspensión

  1. We may cancel your account at our convenience by providing you with one month’s prior notice. We may cancel and/or suspend any service or payment instrument associated to your account according to the particular terms applied to the particular case.
  2. Together with the cancelation notice, or in any later moment, Pagatelia will indicate you the instructions to withdraw any remaining funds.
  3. Pagatelia may suspend or cancel your account, without prior notice, where:
    1. you are in breach of the terms of this Agreement and/or any applicable law.
    2. we hold a reasonable belief that you are involved in any money-laundering, terrorist financing, or any other criminal activity.
    3. We hold a reasonable belief that your account is at risk or any other security reasons.
    4. Where there is a high suspicion of an unauthorised transaction resulting from fraudulent behaviour. In this this case, we will notice you the cancellation before to proceeding to the closing of your account. In case noticing is not possible due to the circumstances, we will notice you at the earliest moment after the suspension, unless there is some legal impediment.

 

13. Modifications to General Conditions of Use

  1. We may, at any time, without prior notice, introduce changes to General Conditions as well as to any terms or conditions that may apply to additional services, according to the process established in this section.
  2. We will notice of such changes by posting a revised version of this Agreement on the Pagatelia website and by sending you an email.
  3. The change will take effect 2 months after the notice, unless you notice us you do not accept the changes. Changes favourable may be applied withour prior notice. Likewise, the 2 month period will not apply to changes introducing new services, new functionalities or any other change that we consider that does not reduce your rights nor increase your responsibilities.
  4. Notice of not accepting the changes will imply the cancellation and closing of your account. If you do not accept any change, you must close your account following the account closure procedure set out in section 5. If you do not object to any changes by closing your account within the 2 month period, you will be deemed to have accepted it. While you may close your account at any time, please note that you may still be liable to us after you terminate this Agreement for any liabilities you may have incurred and are responsible and are responsible for prior to the cancellation of your account.

 

14. Intellectual property

The URL representing the Pagatelia website, Pagatelia and all related logos of our products and services described in our website are either copyrighted by Pagatelia, trademarks or registered trademarks of Pagatelia or its licensors. Likewise, all page headers, custom graphics, button icons, and scripts are either copyrighted by Pagatelia, service marks, trademarks or trade dress of Pagatelia. You may not copy, imitate, modify, amend or use them without our prior written consent. You may not alter, modify or change these HTML logos in any way, nor use them in a manner that is disparaging to Pagatelia or the service or display them in any way that implies Pagatelia’s sponsorship or endorsement.

 

15. Communications

  1. Pagatelia, as a general, will communicate with you by email. For that purpose, you may hold at all times a valid email address in your account profile. You should periodically check your inbox. Emails may contain links to other communications on our website. Pagatelia may provide alternative forms of communication, that will be optional at all times and may be subject to some extra charges according to its cost.
  2. Where legislation requires us to provide information to you on a durable medium, we will either send you an email (with or without attachment) or send you a notification pointing you to information on our Website in a way that enables you to retain the information in print format or other format that can be retained by you permanently for future reference. We recommend you keep copies of all communications we send or make available to you.
  3. You can request a copy of the current General Conditions or any other contractual document relevant to you by contacting our Customer Service
  4. In order to read emails you need a computer with email software that can display emails in HTML format. We may also send you attachments in Portable Document Format (PDF), for which you require compatible software.
  5. We will never send you any emails with executable files attached or with links to any executable files. If you receive any email with such attachments, you should delete the message without clicking on the attachment. If you are unsure whether a communication is originating from us, please contact Customer Service.
  6. We will communicate to you in Spanish and will always accept communications made to us in Spanish. Communications in other language will always be optional and will be discretionally offered by Pagatelia. You can choose your preferred language from the list of supported languages in your Pagatelia Account profile and we will send you automated email notifications and communications regarding changes to these General Conditions of Use in your chosen language. For non-standard communication, we reserve the right to communicate with you in Spanish. Documents or communications in any other languages are for convenience only and shall not constitute an obligation on us to conduct any further communication in that language.
  7. Apart from communicating via email, you accept that Pagatelia may contact you by posting some information in Pagatelia website (which may only be accessed by logging in) by letter or telephone, where appropriate. If you use any mobile services, we may communicate with you by SMS.
  8. You may contact us at any time by sending an email to our Customer Service (ayuda@pagatelia.com)
  9. Pagatelia reserves the right to cancel your account if you reject to receive electronic communications..

 

16. Disputes

  1. If a dispute arises between you and Pagatelia, it should be addressed to us in the first instance by contacting Customer Service. You should clearly indicate that you are wishing to make a complaint to us. This helps us to distinguish a complaint from a mere query. We send you a complaint acknowledgement by email within 5 labour days of receiving your complaint.
  2. We endeavour to provide you with an answer or resolution to your complaint within the timeframes as outlined by user protection and defense services. Should this not be possible due to unforeseen circumstances or lack of information, we will contact you.
  3. If you have any complaint about us, you may optionally submit it by contacting any consumer protection association

 

17. Other provisions/Miscelaneous

  1. No person other than you shall have any rights under these Legal Terms and Conditions of Use
  2. Present contract is considered to be concluded between you and Pagatelia. Thus, you may not assign any rights or obligations to any third party without specific prior written consent from Pagatelia. In case Pagatelia gave its consent, both parties will hold joint and solidarity liability for a period of 1 year within the assignment of the contract. Pagatelia may assign or transfer this agreement or any right or obligation under this agreement at any time without your consent, in which case Pagatelia will notify you without undue delay.
  1. Pagatelia Payment Account and Pagatelia payment instruments are operated in Spain and these Terms and General Conditions of Use shall be governed by and interpreted in accordance with the laws of Spain (specifically Law 7/1988; Law 26/1984; Law 1906/1999; Organic Law 15/1999; Las 7/1996; Law 34/2002; Law 16/2009 and RD 712/2010). Any dispute under these Terms of Use or otherwise in connection with your Pagatelia Account shall be brought exclusively in the courts of Spain

  1. If any part of these Terms and General Conditions of Use is found by a court of competent jurisdiction to be invalid, unlawful or unenforceable then such part shall be severed from the remainder of the Terms and General Conditions of Use, which shall continue to be valid and enforceable to the fullest extent permitted by law.

  2. Limitation of Liability. We shall only be liable to you for loss or damage caused directly and reasonably foreseeable by our breach of this Agreement and our liability in these circumstances is limited as set out in the remainder of this section.
    1. In no event shall we, the other companies in our corporate group, persons who act on our behalf, and/or the persons we enter into contracts with be liable for any of the following types of loss or damage arising under or in relation to this Agreement whether in contract, tort (including, without limitation, negligence) or otherwise:
      1. any loss of profits, goodwill, business, contracts, revenue or anticipated savings even if we are advised of the possibility of such damages, loss of profits, goodwill, business, contracts, revenue or anticipated savings; or
      2. any loss or corruption of data; or
      3. any loss or damage whatsoever which does not stem directly from our breach of this Agreement; or
      4. any loss or damage whatsoever which is in excess of that which was caused as a direct result of our breach of this Agreement (whether or not you are able to prove such loss or damage).
    2. Nothing in this Agreement shall limit our liability resulting from our fraud or fraudulent misrepresentation, gross negligence or willful misconduct, to the extent such limitation or exclusion is not permitted by applicable law.
  3. We provide to you the services, subject to your statutory rights but without any warranty or condition, express or implied, except as specifically stated in these Terms and General Conditions of Use. Pagatelia does not have any control over the products or services that are paid for with our service. Pagatelia does not guarantee continuous, uninterrupted or secure access to any part of both our Services or our providers services. We shall not be liable for any delay in the failure in our provision services according to these Terms and General Conditions of Use. You acknowledge your access to our Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new functionalities or services. Pagatelia will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts and credit and debit cards are processed in a timely manner. You must check all correspondence between us carefully and tell us as soon as possible if it includes something which appears to you to be wrong or not made in accordance to your instructions..

 

18. Definitions

The various terms of these Terms and Conditions of Use have the meanings indicated below:

“Customer Service” is Pagatelia’s customer support which can be accessed sending an email to ayuda@pagatelia.com

 

“Payment Account” means the account the user opens and maintain through Pagatelia website. .

 

“Payment method” means cards and electronic devices, issued or managed by Pagatelia for the payment of services in in our limited network of service providers..

 

“We”, “us”, “our” means Pagatelia;

 

"Pagatelia" is the payment service provider that offers the subscriber a payment account on its website, as well as means of payment associated with said account. Its trade name in registry inscription is at the head of these General Terms and Conditions of Use.

 

“Pagatelia website” or “website” or “web” means the website available at www.pagatelia.com

 

“Top-up” means the action of funding your payment account through different payment instruments.

 

“Subscriber” or “User” or “Client” or “You” or “Your” means the natural person or legal entity in whose name the Pagatelia Account is opened and maintained,

 

“Services” means all payment services and related products.

 

 

2. Contract for the assignment for the use of mobe® electronic device for payments by means of the interoperable 'VIA-T' remote control system annexed to the General Conditions of the account in Pagatelia.

1. Introduction

Pagatelia SL is a Pagatelia is a Payment Services Provider (Non-financial entity), authorized for the issuing of electronic toll devices that work with DSRC (small range communication and can be used to pay in a limited network of service providers, which includes highways, tunnels and bridges in Spain, and is marketed under the trademark mobe®)

 

mobe® allows you to obtain discounts offered by concessionaires and generates and online invocing for the payments done through this device. The service is valid for the payment of different highways (in Spain or other countries), as well as both on-street and off-street parking and other services that may be included in the future.The use of the mobe® device is subject to the particular regulations of the providers in which it can be used as a payment method.

 

This agreement, together with Terms and General Conditions of Use constitute the agreement between you and us, associated to a Pagatelia Payment Account and falls within the framework of contractual relationship between Pagatelia and payment instruments subscribers.

 

As of April1st of 2018 Pagatelia offers by default electronic toll collection devices just for Light Vehicles (máximum weight: 3.5 tons; máximum height: 3 meters) for Spanish, Portuguese, French and Italian electronic toll networks.

  

Subscription for Heavy Vehicles is only possible for Spanish and Portugese electronic toll networks and should be communicated to Pagatelia in ayuda@pagatelia.com

  

2. Use of mobe®

  1. Ownership of mobe® devices. Pagatelia assigns to the subscriber the use of the mobe® device(s) described in the application, personalised according to the data provided by the subscriber by means of which, after correct installation inside the vehicle, it will allow the client or user to pay the toll by means of the interoperable "VIA-T" Electronic Toll Collection system.

All the mobe/s® ceded to the client for its use will remain at all times the property of Pagatelia. The client is responsible for the maintenance and good state of conservation, operation and use of the assigned mobe/s®. It is expressly prohibited to the client the total or partial copy of the information contained in the mobe/s®, as well as the opening or manipulation of the same ones, not even for the substitution of the battery that is in the interior. Failure to comply with these prohibitions shall be the direct responsibility of the subscriber, by himself and by the user / s authorized by it.

 

  1. Account minimum balance: Each active mobe® device requires a minimum account balance equal to the monthly average charges. .

 

  1. Automatic top-ups: Whenever your Account balance is below 15€ (or 250€ for Heavy Vehicles) Pagatelia is expressly authorised to top-up your Account by charging your account associated payment method. We will charge you an amount that covers the negative balance and the minimum balance (15€ for light vehicles; 250€ for Heavy Vehicles, unless clause b) of this section applies).

 

  1. Blocking of your device: When the balance of your account is below the minimum balance established in this section and we are unable to collect payment from the payment instrument associated to your account, Pagatelia will notice you by sms or/and email. If after 24 hours you have not proceed to the top-up of your account by any means, your device will be blocked by Pagatelia. Pagatelia will charge you a blocking/unblocking fee. 

 

Pagatelia may block your mobe® device if the account holder does not offer sufficient payment guarantees. 

 

Pagatelia will not be held liable for the period of time concessionaires may need to unblock your mobe® PAN (Primary Account Number) in their network.

 

3. Term

The agreement shall have an initial term of one year, being tacitly extended for succesive periods of one year each one, except either party informs the other by written means, at 30 days before the date of termination of this agreement.

 

Technical features of mobe® allow the devices to have a 5 year lifespan. You must return the device to Pagatelia in perfect working order on conclusión or termination of this contractual relation before the expiration date of the device. If the obligation to return the device is not fulfilled, fees laid out in following clause (4) may apply..

 

The device may be returned by postal mail (in its original package or in a protective envelope we will provide you upon request) to the following address:

 

Pagatelia

 Apdo de Correos 57243

 Pozuelo de Alarcón 28223 Madrid

You may also ask for a courier to pick up the device at your chosen address.

 

Once subscription is confirmed, Pagatelia shall proceed to send the mobe® to the sending address. The mobe® will be delivered in perfect conditions. Otherwise, you shall notify us by written communication within 24 hours of the reception of the mobe®.

 

Mobe® service does not imply any permanence commitment and you may terminate the contract at all times, according to clause 8..

 

4. Economic Conditions and Electronic Toll Collection Invoicing

  1. Economic Conditions, mobe® fees: You expressly accept the payment of the following fees and authorise Pagatelia to debit your account.
    1. Issue or assignment fee: The price for the issue and/or assignment of the mobe® device is a single payment of 36.30€ for each mobe® issued and sent to the subscriber. Discounts: If at the time of subscription Pagatelia offers any discount on the website (for the subscription of a maximum number of 5 devices), or you acquire your mobe® through an authorized agent that applies you a discount or you use a discount coupon from Pagatelia’s commercial campaigns the discount will be reflected on your first invoice.
    2. Replacement fee: In case of replacement or renewal of the mobe®, for any caused not covered by the guarantee, you must credit the updated issue or assignment fee.
    3. Administration fee: you can choose among the existing plans, each one with a different administration and management rate, described below:

- Usuario frecuente: single annual payment of 6’15€ (recommended for subscribers planning to use the mobe® more than six months/year);

- Tarifa Usuario Tiempo Libre: monthly payment of 1,10€, only in months in which you make use of the device (recommended for subscribers planning to use the mobe® occasionally).

- Tarifa Usuario Fórmula Fácil: single annual payment of 15€. This includes 100% discount on the issue fee, 100% discount on delivery costs and 12 transaction fees (0,25€) each year.

*Rates describe above refer only to the use of the Service in Portuguese and Spanish networks..

-France and Italy usage Fee: 2,40 per month per country in which network you make use of the device.

 

    1. Other fees and conditions: Although the correct use of the device shall not generate any other fee not described above, depending on the configuration, special conditions and the use made, some other charges or fees may apply:

-New mobe® issued for the lost, theft or improper handling of the device: 30€+shipping costs

-mobe® collection at your chosen address: 20€

-Maintenance and administration fee for not using the account for 360 consecutive days: 10€. The receipt will be turn on day 364 after the last day of use.

-Sending invoices by postal mail: 1€ per mail. The client can receive the invoices via email without any additional cost.

-Unjustified rejection of a receipt or credit card associated to the account: 5,95€.

- In the case of arrears, Pagatelia reserves the right to charge a net interest rate of 18%

- External payment requirements: a minimum of 60€

- SMS sent to the subscriber: 0,15€/sms

- Unblocking fee: 3€

- Extraordinary administrative processes: 6€

- Any new mobe® facility may involve new costs, that will be duly informed to the subscriber before proceeding to its activation..

 

Pagatelia reserves the right to modify the price of the services, communicating any price changes in advance through the website.

 

For the sake of transparency and fairness, Pagatelia will transfer to the client any costs associated for any top-up in which a third financial entity may take part. 

 

-Card (VISA/Mastercard) issued to individuals: 0.25€.

-Card (VISA/Mastercard) issued to companies/self-employed persons: 0.99€ for each 100€ 

-Card (American Express): 0,99€ for each 100€  

-International Cards/Other Cards (e.g. issued by Carrefour Financial Services): €0.99 for every €100 reloaded 

-Paypal Account: 0,99€ for each 50€  

-Spanish bank account: 0,25€. 

 

Pagatelia may conclude an agreement with any bank entity in order to reduce or remove the transaction costs, especially in case of bank transfers.

 

Every fee amount detailed in the clauses above includes VAT.

 

  1. Payment and invoicing: Pagatelia will debit subscriber’s account associated to the mobe®, for every payment made with the device, at the time in which we receive the notification.

 

Pagatelia keeps a register of the transaction made through the use of each mobe® assigned, based on electronic data received from electronic toll collection devices from toll roads and car parks from our payment network. Based upon these data received, Pagatelia issues a monthly invoice to the client with the sums of the transits made in Spain, and a different monthly invoice for the payments made in Portugal, to which actual taxes will be applied.

 

As a proof of payment of the services used in French Liber-t network and Italian Telepass network Pagatelia will send to the client a monthly statement of the transactions that will serve as a payment receipt but not as invoice.

 

The invoices and receipt referred to in the above provisions will be sent by email upon request and the history from the previous 12 months will be available on our website at all times in HTML and PDF formats. If you want to receive the invoices by postal mail you will be charged the amount stated in clause 4..

 

Pagatelia will not be liable for any delay that may be produced by concessionaires not sending transaction data by the date fixed.

 

Pagatelia does not have any control over discounts offered by concessionaires. Pagatelia will only apply discounts according to concessionaires’ discounts policy.

 

Invoices will be issued according to the Spanish tax regulation and the information received by concessionaires. In each invoice Pagatelia will include any fee or charges that may apply.

 

mobe® is a device for light and heavy vehicles. Toll fares are applied according to the vehicle classification identified by Automatic Classification Systems and any divergence will not justify the delay or not execution of the payment from the subscriber, without prejudice to any action or claim that the subscriber may conduct against the concessionaire, from which Pagatelia will be unconnected.

 

Mobe® subscription for heavy vehicles must be communicated to Pagatelia (ayuda@pagatelia.com) or some other means indicated in the contract.

 

Subscriber accepts as proof of the amount of the operations carried out through the use of the mobe®, the amount expressed by the Concessionaires in the register kept in the corresponding computer support identified in the details on the corresponding invoice, these registers serving as proof of charge and means of proof.

 

5. More about Mobe®

Each and every of the mobe® electronic payment devices are property of Pagatelia, although its temporary use is ceded to the clients on the basis of the agreement reached between both parties. The decision to renew the transfer of use of the mobe®, as well as to replace it or issue new ones for other vehicles of the client, will correspond exclusively to Pagatelia. The registered technology incorporated in mobe® belongs to third parties and is subject to the rules governing intellectual and industrial property.  

The mobe® devices are issued with a technical validity period of 5 years. The mobe® are not necessarily linked to a license plate, although in order to facilitate their identification and invoicing control, they can be assigned to a license plate or another system of assignment by the subscriber.

 

6. Communications

Pagatelia will normally communicate by email with the Subscriber. All communications between Pagatelia and the client will be made based on the data contained in this contract that are recorded in the database of Pagatelia.

 

mobe® is an interoperable payment device for the payment of toll motorways in Spain with VIA-T. In case of variations of these circumstances Pagatelia will always offer to its clients punctual information of the services that are adhered to this means of payment.

 

The Subscriber undertakes to communicate to Pagatelia any modification or variation regarding the data provided, and specifically any circumstance that modifies his personal situation (change of address, bank details, etc.) or patrimonial situation (dissolution of the company, incapacity, bankruptcy procedure, etc.).

 

Likewise, the client undertakes to inform Pagatelia immediately of any loss, theft, copy or reproduction of data from the mobe®, as well as of any error, anomaly in the operation of the same and possible discrepancy with the data appearing in the invoices issued by Pagatelia.

 

7. Obligations

  1. Obligations
    1. The customer of the mobe® device is obliged to:
      1. Keep and correctly use the mobe® device delivered to you as a deposit..
      2. Take the necessary precautions to ensure the safety of the mobe® device and the procedures that allow it to be used.
      3. Notify immediately the loss, theft or falsification of the mobe® device, so that Pagateliatome may take the precautionary measures that may be possible in order to prevent the improper use of the device(s). 

Notification may be made through :

- our customer service ayuda@pagatelia.com

- the website www.pagatelia.com

 

      1. To return the mobe® device if demanded by Pagatelia by virtue of the property right that Pagatelia keeps on it in any case, when the mobe® device is blocked or cancelled, or the account on which charges are made for its use, when the client of said account revokes the authorization to carry out such charges, when the client's data included in the application for the mobe® device has been found to be false, when there has been a change in the solvency of the client which, in Pagatelia's opinion, implies insufficient coverage of the risk generated by the possession or use of the mobe® device, when there has been a breach by the client of any of the rules of this agreement or of the instructions for use, or when it has expired or has been replaced by another to be used for the same purposes.
      2. Accept the charge to the corresponding account of the operations that have been carried out with the mobe® device, whether they have been carried out by the client himself or by third parties with or without the client's authorisation, except in the case provided for and with the limitations set out in the following clause.
      3. To provide, as a matter of urgency, in the event of loss, theft or falsification of the mobe® device, a copy of the police report presented.
      4. Read and know the conditions of use of mobe® in the different networks of motorways and car parks (Spain, Portugal, France and Italy) that Pagatelia makes available on its website.

 

    1. Pagatelia undertakes to:
      1. Cancel or block mobe® devices when they have been stolen, lost or expired.
      2. Place a Customer Service Department at the disposal of the customer of the mobe® device, to deal with queries related to: the operation of the mobe® device; the queries of theft/loss of the mobe® device; cancellation of the account associated with the mobe® device; cancellation of the service, etc..

 

8. Incidences

  1. Should the subscriber detect any type of anomaly, loss, theft, robbery, theft or intentional deterioration by third parties of the transferred mobe®/s devices, he/she must immediately notify Pagatelia Customer Service indicating the complete numbering of the affected mobe/s. This notification will necessarily imply the order to deactivate the affected mobe® and the will of the client to replace the device with new mobe/s, unless the contract is expressly terminated by the client. Pagatelia will proceed to deactivate the affected mobe®, at the latest on the working day immediately following receipt of the communication from the client, by including the data in the blocking list that Pagatelia sends to the concessionaires for this purpose.

 

The customer is exempt from any responsibility for the improper use of the mobe® device, from the moment he has notified the loss, theft or falsification of the mobe® device by another person. Customers' liability for fraudulent use by third parties prior to notification of loss or theft of the mobe® device shall be limited to 150 euros.

 

In any case, the customer will be responsible, without any limitation, for the use of the mobe® device, before or after the notification to Pagatelia of the theft, falsification of the mobe® device, if he acts with intent, gross negligence or negligence.

 

  1. In the event of a breakdown of the sensors and/or devices of the electronic toll equipment of the motorways, the reading and intercommunication between them may be replaced by manual registration by toll personnel on the motorway authorised for this purpose, or by the client, user or other occupant of the vehicle, indicating the number of the mobe® and its expiry date. Toll payments made by this exceptional means will have the same consideration as those made through the direct use of mobe®.

 

9. Termination of the contract

This contract is for an indefinite period. Without prejudice to the foregoing, any of the parties may terminate it at any time with a minimum notice of 30 working days by written notice.

 

If the client decides to terminate the contract, Pagatelia will send a messenger to his home to collect the mobe® device and, once received by Pagatelia, will proceed to cancel the service, such collection will have a cost of € 20, in accordance with clause 4. a). Similarly, the client may send the mobe® device directly to Pagatelia C/Segundo Mata, Nº6, C.P. 28224, Pozuelo de Alarcón (Madrid).

 

Justified causes to cancel the mobe® device assigned to the holder's payment account:

- Failure or delay in the obligations provided for in this contract

- The loss or cancellation of warranties of the holder.

- The extralimitation in the own use of the mobe® assigned to the holder..

- By resolution or cancellation of the account of payments that the Holder has in Pagatelia.

 

In the event of termination of the contract, the client must return the assigned mobe® within a maximum period of ten days from the date of communication of the termination of the contract and through the service contracted by Pagatelia for this purpose. The resolution of the contract will not exonerate the Client of the payment of the invoices, fees and commissions that until the date of the effective resolution of the contract are accrued and pending of payment.

 

In accordance with the provisions of Article 71 of Law 3/2014 of 27 March, which amends the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007 of 16 November, the customer has the right to withdraw from the contract within 14 working days from the time the service has been contracted.

In order to exercise the right of withdrawal, the client must request it in writing to the following email address: ayuda@pagatelia.com expressly indicating his request to exercise the right of withdrawal. In any case, it is up to the consumer and user to prove that they have exercised their right of withdrawal.

 

Once the request for exercise of the right of withdrawal has been received, the economic amount paid will be returned by bank transfer to the account indicated by the client within a maximum period of thirty days from the receipt of the electronic toll device sent.

 

The exercise of the right of withdrawal requires at all times that the user has not consumed or enjoyed the service contracted. Should the user have consumed any of the services, or the contract has already been perfected, it will not be possible to exercise the right of withdrawal.

 

10. Data Privacy

The customer expressly accepts the computer processing of personal data resulting from this contract included in the database owned by Pagatelia. Also, the client authorizes the transmission of data provided in the scope of this contract to those entities mentioned in the same or that come to be ascribed to the network of services Via-T, always for the purpose of granting benefits for the provision of services in the scope of Via-T. The client expressly accepts the possibility of inclusion of his/her data in the loyalty programs, discounts, special rates or offers that may be established and promoted directly or indirectly by Pagatelia and always within the scope of the provision of services linked to Via-T. The information about such programs will be made available to the client by Pagatelia. The customer has the right to access, rectification, modification and deletion of data included in the above-mentioned database.

 

The client must notify Pagatelia as soon as possible of the modification of any data provided in the contract/request for the transfer of use of mobe®.

 

 

11. Return of the mobe®

The Subscriber undertakes to return, by the established method, within a maximum period of 10 days to Pagatelia:

 

  1. those mobe® that were formally requested;
  2. those that are replaced due to malfunction; and
  3. those in possession of the Subscriber at the moment of resolution, cancellation and/or extinction of the present contract.

 

In case of failure to return the mobe®, the holder shall be responsible for its use and shall entitle Pagatelia to collect the amounts that may be applied in accordance with the conditions.

 

The mobe® out of service or cancelled must be returned by the Subscriber to Pagatelia through the enabled procedure, whose conditions you will find on our website. In any case, after cancelling the device, the Holder is responsible for returning the mobe® to Pagatelia in the protective bag in which it was sent.

 

The device(s) can be returned by post (in its original packaging, you can also ask us for a protective envelope) to the address:

 

Pagatelia
C/Segundo Mata, Nº6 
C.P. 28224, Pozuelo de Alarcón (Madrid)

or request that a messenger collect your device from your home via Customer Service at ayuda@pagatelia.com Charges will apply as set out in clause 4.4..

 

12. Transfer to third parties

Pagatelia may assign during the term of these General Conditions all or part of the rights and obligations arising therefrom to a company affiliated or participated by Pagatelia through communication to the client that may not be denied. Prior communication to Pagatelia, the client of the mobe® device may assign its use to a third party designated by him. This assignment will mean the acceptance on the part of the client of the charges that Pagatelia carries out in its accounts for the transactions carried out.

 

The use of the mobe® device by the third party will also be subject to the present contractual conditions. The mobe® whose use is transferred by Pagatelia may not be used by the client or by any third party as a guarantee to third parties in credit, loan or similar operations.

 

The Subscriber by himself and in the name of the user/s by the same authorized to whom he expressly commits to inform of the obligations of the present contract, declares to have read the complete content of the contract that precedes the acceptance of the same one.

 

Pagatelia mobe® bank account (only available for Spanish Bank Accounts)

Introduction

mobe® service is currently provided by Pagatelia, S.L. Your bank account will be charged by Pagatelia, S.L.

 

I declare that the details of the bank account provided (the "Account"), as well as the means of payment associated to said account by the Subscriber, are correct and I authorize and request Pagatelia, S.L. to be in charge of the funds that will be charged to the Account of the financial institution identified above.

 

By clicking "I Accept", I later:

  1. Request and authorize Pagatelia, S.L.a to charge the bank account identified above to cover the payments corresponding to all the services rendered by Pagatelia S.L. and more payments associated with them, through its mobe® device.
  2. Recognize and accept that this authorization is governed by the terms and conditions of the Contract of services of charge in bank account that appears later.
  3. Will resolve directly with Pagatelia posibles disagreements in the collection of receipts, and I renounce expressly to the right of return of the receipts drawn by Pagatelia, S.L., when being the form of collection associated to a means of payment of services.

 

Bank Account Direct Debit contract

This contract sets forth the terms of the bank account debit agreements between you and Pagatelia, S.L., related to the Account you are using.

 

In this contract, these words have the following meanings: 

"Pagatelia": refers to Pagatelia, S.L. 

"You" or "me": refers to the account holder whose details appear below; 

"Pagatelia Account": refers to the payment service through the mobe® device that Pagatelia provides to you.

 

 

 

Contract terms

  1. You warrant that you are the person who may authorize withdrawals from the Account.
  2. You may cancel the authorization of bank account debit for future transactions at any time by deleting the Account from the Pagatelia system through the "Profile" tab available after identifying yourself on the Pagatelia website. However, you acknowledge that deleting the Account from the Pagatelia system will not cancel pending transactions that you have already initiated and authorized.
  3. You recognize that the revocation of the authorization of charge in bank account does not cancel any contract of services that exists between Pagatelia and you. The Authorization applies only to the form of payment and does not influence in any other way in the contract of exchanged services.
  4. Pagatelia will notify you at least 14 days in advance of any change in the terms of the bank account debit agreements.
  5. If you wish to discuss any change in the terms, please contact us by email at ayuda@pagatelia.com or at Customer Service Portal Pagatelia.
  6. It is your responsibility to ensure that you have sufficient funds in the Account to allow payments to be made in accordance with this Agreement. If there are insufficient funds and/or the minimums established based on your bi-monthly average consumption on the Account, to allow payments to be made, your account may be cancelled. In these circumstances, your financial institution may charge you a late fee.
  7. Pagatelia will automatically resend returned charges to your account within five business days of the first return.
  8. When you opened your account in Pagatelia, you had read and accepted the terms contained in the Conditions of Use, which states the following: "Pagatelia reserves the right to request again the collection of any debt authorized by you (bank account charge or addition of funds) that is returned due to lack of sufficient funds or because they could not be collected."
  9. Bank direct debit is not available on all bank accounts. You should consult with your financial institution to ensure that the Account can accept charges, as well as the terms and conditions that your financial institution may apply in this case.
  10. If the withdrawal of funds from the Account expires on a non-business day where the Account is held, the Account will be charged on the business day following the day of withdrawal.
  11. If you believe that a withdrawal has been initiated incorrectly, we recommend that you address the matter directly with Pagatelia by e-mail at atencionalcliente@pagatelia.com or in Customer Service of the Pagatelia Portal.

If you do not receive from us a satisfactory response to your dispute, please contact your financial institution, which should offer you a response to your claim within the period that has been established.

If you do not receive a satisfactory response about your claim for withdrawal initiated incorrectly, you should send your claim to the appropriate financial institution, which will respond within the period that has been established for this matter.

You will receive a refund of the amount of the withdrawal if we are unable to support the reason for the withdrawal.

 

  1. Please do not hesitate to contact us with any questions you may have. All communications you send to us must include your name, address, account name and contact telephone number.
  2. All personal client information held by Pagatelia will be kept confidential, except the information provided to the financial institution in charge of initiating the withdrawal in the account. We may also disclose the information to the relevant financial institutions in the event of a claim or allegation of incorrect or erroneous debt, or for any other reason required by law.

Authorization for automatic top-up of your account with card.

Authorization terms

  1. By adding your credit or debit card to the profile of your Account you authorize Pagatelia to top-up your account by this means, and transfer such money to your balance in accordance with your instructions and the terms of these General Conditions; in addition, you grant Pagatelia a permanent authorization to automatically charge said card in order to obtain the necessary funds in accordance with these General Conditions.
  2. Pagatelia will deposit the funds in your Pagatelia Account and will add them to your Balance to proceed to make the payments that you have made through Pagatelia.
  3. At any time, you will be able to cancel the permanent authorization of any card deleting it in the profile of your Account.
  4. If you believe that a withdrawal has been initiated incorrectly, we recommend that you deal with the subject directly with Pagatelia by e-mail at ayuda@pagatelia.com or in the Pagatelia portal in "Customer Service". If you do not receive from us a satisfactory response to your dispute, please contact your financial institution.
  5. You will receive a refund of the withdrawal amount if we are unable to support the reason for the withdrawal.

Authorization for automatic top-up of your account with PayPal Account.

Authorization terms

  1. By adding your PayPal Account to the profile of your Account you authorize Pagatelia to recharge your account by this payment mean, and transfer money to your balance in accordance with your instructions and the terms of these General Conditions; in addition, you grant Pagatelia a permanent authorization to automatically charge said PayPal Account in order to obtain the necessary funds in conformity with these General Conditions.
  2. Pagatelia will deposit the funds in your Pagatelia Account and will add them to your Balance to proceed to make the payments that you have made through Pagatelia.
  3. At any time, you will be able to cancel the permanent authorization of any PayPal Account by deleting it in your Account profile.
  4. If you believe that a withdrawal has been ordered incorrectly, we recommend you to address the issue directly to Pagatelia by email at ayuda@pagatelia.com or through the Pagatelia portal in "Customer Service". If you do not receive from us a satisfactory response to your dispute, please contact your financial institution.
  5. You will receive a refund of the withdrawal amount if we are unable to support the reason for the withdrawal.

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