General terms of www.tollpass.bg
GENERAL TERMS & CONDITIONS OF USE of www.tollpass.bg
www.tollpass.bg is Website that allows the conclusion and management of agreements for using of electronic toll collection services (toll), purchase of route pass and electronic vignettes, payment of compensatory fees as well as use of other services by users who sign up at the Website by filling in a registration form and users without registration as all users grant its consent with these General terms and conditions and the applicable policies of Intelligent Traffic Systems AD.
These terms and conditions of use apply exclusively and only to users of the services provided in the Website. The users have the obligation to respect the confidentiality of the data provided to the online store www.tollpass.bg, such as username, passwords and other data for identification and access to the services, if any. Upon using the services of this Website the users accept that the internet environment although secure to a great extent, may undergo interruptions in the support of services provided which is beyond the control of Intelligent Traffic Systems AD of the online store, and the latter shall not be responsible for any loss of data arising from such interruption.
By using the Website www.tollpass.bg the users agree with its General terms and conditions of use. It is necessary the users regularly to get informed about the changes in the General terms and conditions, which will be published on the Platform and if any questions and/or comments arise in relation to its use, may address its queries at the e-mail address: email@example.com and/or call by dialing *5500 or 0884 00 55 00 on the price of the used respective individual tariff plan.
By providing email and consent with the General terms and conditions of use of the online store, the Users have the option, but not the obligation, to provide their consent to receive commercial messages containing the current offers and proposals, published on the Platform. Outside of these personalized messages Intelligent Traffic Systems AD has the right to send to users at any time system messages related to the services used.
2. IDENTIFICATION DATA
2.1. Intelligent Traffic Systems AD is a company with headquarters and management address at Building 6, 109, ground floor, Opalchenska street, Sofia, Bulgaria with address for correspondence at Building 6, 109, ground floor, Opalchenska street, Sofia, Bulgaria, registered in the Commercial register and the register of non-profit legal entities under UIC 201988199 and VAT identification number: BG201988199, owner of the trademark „Tollpass”.
2.2. Intelligent Traffic Systems AD administers www.tollpass.bg, in the form of a website www.tollpass.bg as well as the “Tollpass” mobile application.
2.3. The users may contact Intelligent Traffic Systems AD at the above address, on phone number 0884 00 55 00, *5500 or on the following e-mail address: firstname.lastname@example.org. Telephone calls are charged according to the individual tariff plan used by the users. More information the users can found in the "Contact Us" section.
3. DEFINITIONS - within the meaning of these General Terms and Conditions, the following words and expressions, including when they are members and/or used in the plural, shall have the meanings specified in this section:
3.1. "Applicable legislation" – means the Roads Act, the State Toll Act, the Roads Traffic Act, the Ordinance on the terms, conditions and rules for the construction and operation of a mixed charging system for the different categories of road vehicles on the time basis and on the distance travelled -basis, tariff for tolls collected for passage and use of the Republican road network and other applicable Bulgarian legislation.
3.2. "RIA" – means the Road Infrastructure Agency of the Ministry of Regional Development and Public Works, which is empowered under Art. 10, para. 10 of the Roads Act to perform the functions of a toll charger;
3.3. "National Service Provider" ("NSP") pursuant to Art. 10i of the Roads Act means a trader who perform an activity of providing toll services for the territory of the Republic of Bulgaria;
3.4. "Platform" – means an electronic portal of ITS comprising https://www.tollpass.bg and https:// accounts.itsbulgaria.com (ITS domain on which the Profile is created, which can also be used to access the platform www.vinetki.bg – an electronic portal of ITS for the provision of electronic toll collection services and other service), as well as the Tollpass mobile application, integrated with the main part of its own and with the system of RIA. The Platform allows the following actions:
- purchase of an electronic vignette, route pass as a registered user or as a guest - a random user of the paid road network;
- verification of the validity of an electronic vignette and verification of route pass;
- Registration of user profile of user with or without concluded agreement for electronic toll collection with ITS an/or ITS representative via On board units or satellite positioning devices;
- verification and payment of a compensatory fee;
- conclusion of agreement for automatic tolling with ITS via On board units (for these agreements, as well as for agreements for automatic tolling with ITS and/or ITS representative via On board units and/or Satellite Positioning Devices, these General Terms and Conditions shall not apply, but other general terms and conditions available in the Platform to the respective type of agreement);
- provision of other services and sale of products related to the activities of ITS, if available.
3.5. ITS – Intelligent Traffic Systems AD is a legal entity that is registered as a National Service Provider in RIA and has the right to perform the activity of collecting tolls and others.
3.6. "User" – an adult individual, legal person or other legal entity that can create a User Profile on the Platform and enter into a distance purchase and sale contract through the E-Commerce Platform www.vinetki.bg with ITS or use the services of the Platform without registering a user profile.
3.7. "Website" – the online store hosted at the web address www.tollpass.bg and its subdomains;
3.8. "Website page" - a separate part of the Website.
3.9. "Electronic reference"- a link indicated on a particular website that allows automated referral to another website, information resource or object through standardized protocols.
3.10. "User Profile" – a section of the Platform formed by a username and password that allows the User to make purchases, use the services of the Platform and which contains information about the User and the history of some of his actions on the Platform (Purchases, invoices, receipts, etc.). The user is responsible and should ensure that all information entered in his profile is correct, complete and up-to-date.
3.11. "Username" - email address of the User operating the Platform, through which he is individualized in his relations with ITS;
3.12. "Password" - code of letters, numbers and characters, which together with the Username individualizes the User and which together with the Username serves to access his profile.
3.13. „Service(s)”– any service offered on the Platform which can be used by the Users;
3.14. "Contract" - represents the distance contract concluded between ITS and the User for using the Services through the Platform, an integral part of which are the present General Terms and Conditions for use of the Platform.
- all information on the Platform accessible via an Internet connection and by using a device that has an Internet connection;
- the content of any message from the User to ITS and/or sent by electronic means and/or any other available communication means;
- any information on the Platform provided in any way by an employee/contributor of ITS to the User by electronic or other means for the provision of it at a distance;
- information relating to the Services and/or applicable tariffs by ITS within a certain period of time;
- information regarding the User and related to the Services and/or the applicable tariffs from third parties with which ITS has signed a partner contracts;
- ITS data.
3.16. "Commercial messages" – any type of message sent through electronic communication channels (such as e-mail, SMS, push notifications, etc.) containing advertising information about the Services, as well as other commercial messages such as market and consumer surveys.
3.17. "System messages" – any type of communication related to the services used, as referring, but not limited to any of the following: changes in the General Terms and Conditions of Use of the Website, activation of new services available on the Website, changes in the fees and tariffs of the Road Infrastructure Agency, changes in the scope of the paid road network, reminders of expiring validity of electronic vignettes, etc.
3.18. "Toll" – means a state fee, which is paid by users and/or road owners determined pursuant to Art. 10 b, para. 3 of the Roads Act, due under Art. 10, para. 1, clause 2 of the Roads Act. The toll shall be differentiated according to the technical characteristics of the road or road section, the distance travelled (the toll segments in which the road vehicle has entered), the category of the road vehicle and the number of axles, its ecological characteristics and shall be determined for each road or road section covered by the Paid road network.
3.19. "Route pass" – means an electronic document, which is issued in return for advance payment of the Toll, defined in tariff for the fees collected for the passage and use of the Republican road network, for a declared pre-claimed route. The route pass entitles the user and/or the owner of a road vehicle of the category under Art. 10b, para. 3 of the Roads Act to cross a one-off distance within the paid road network from starting to end point, with additional, pre-specified intermediate points that may not be more than four. The route pass may be purchased not earlier than 7 calendar days before the date of the trip by a user registered in the electronic toll collection system and not earlier than 24 hours before the date of the trip – by an unregistered user, in both cases valid for a period of 24 hours from the declared start date and time of the trip.
3.20. "Electronic vignette(s)" means an electronic document within the meaning of Art. 3, para. 1 of the Electronic Document and Electronic Trust Services Act certifying the payment of the respective fee under Art. 10, para. 1, clause 1 of the Roads Act and containing the registration number of the vehicle, its category, the date of payment of the fee and the period of validity. The vignette fees are collected in accordance with the Tariff for the fees charged for passing and using the paid road network and according to their period of validity.
3.21. "Paid road network" – a list of roads for which a toll for the use of road infrastructure can be collected - vignette fee, or toll and which is adopted by decision of the Council of Ministers and is published in the State Gazette;
3.22. "Personal data" – means data that are defined as personal in the applicable General Data Protection Regulation and national legislation and which are collected and processed under these General Terms and Conditions and all applicable general terms and conditions of the Platform;
3.23. "Compensatory fee" – means a fee pursuant to Art. 10, para. 2 of the Roads Act, which is collected in favor of the Road Infrastructure Agency.
3.24. “Toll declaration” – a set of data generated by an On board unit (geographical location – according to ISO 17575-3:2016), RV data (emission class, total technical maximum mass including RV composition, number of axles), On board unit identification number, date and time of entry into toll segment, standardized according to ISO 12855:2016 and used to determine the toll due, according to toll tariff , which are collected for the passage and use of the Republican road network, by the client.
3.25. "Toll collection services/electronic charging services" - means the provision by ITS of services for actual reporting of toll segments, in which a road vehicle of the category under Art. 10b, para. 3 of the Roads Act has entered, provision of declared tolls for these road vehicles, collection of tolls due by the relevant users of the toll network and payment of RIA fees, as well as additional services provided under the Agreement and/or in accordance with these General Terms and Conditions, including the services listed in Part II, Chapter 3, Section 1 of "General terms and conditions for contracts for the provision of an electronic toll service between the Agency and providers of an electronic toll collection service"
3.26. „Malicious actions“ are actions or omissions that violate the Internet ethics or cause damages to persons connected to Internet or associated networks, sending junk e-mail (unwanted commercial messages, SPAM), receiving access to resources with foreign rights and passwords, using flaws in the system for personal benefit or for obtaining information (HACK), committing actions that can be qualified as industrial spying or sabotage, damaging or destroying systems or data sets (CRACK), sending “Trojan horses” or provoking installation of viruses or remote control systems, disturbing the normal operation of other Internet and associated networks users, performing any actions that may be qualified as crime or administrative infringement according to the Bulgarian legislation or any other applicable law.
3.27. "Force majeure" - unforeseen, at the time of conclusion of the contract, circumstances of extraordinary nature which make the provision of goods or services objectively impossible.
4. GENERAL PROVISIONS
4.1. ITS, in its capacity of National Service Provider registered in the National Register of National Toll Collection Service Providers under a contract concluded and entered into force with RIA, provides on the Platform to the Users time-based toll services (Electronic Vignettes), distance-based (Toll), payment of Route pass, Compensatory Fees, as well as services for collecting other fees and/or amounts due to RIA and according to contracts concluded with Users.
4.2. These General Terms and Conditions are binding for all Users of the Platform whether they have a registered User Profile or not.
4.3. Any use of the Platform means that users have become carefully acquainted with these General Terms and Conditions of Use and have agreed to comply with them.
4.4. ITS reserves the right to update and amend the General Terms and Conditions of the Platform periodically to reflect any changes to the way the Platform operates and any changes to the legal requirements. The amended Terms and Conditions are valid for users from the moment they are published on the Platform. In the event of such a change, ITS will publish on the Platform the amended version of the General Terms and Conditions, therefore users should periodically and regularly be informed about the new versions of the General Terms and Conditions and familiarize themselves with their content. For each service used through the Platform, the General Terms and Conditions, which were in force at the time of conclusion of the distance sales contract between the User and ITS, apply.
4.5. In the event that any of the provisions of these General Terms and Conditions prove invalid and/or unenforceable, regardless of the reason, this does not invalid or inapplicability of all other provisions and the invalid provision will be replaced by an actual provision under the Bulgarian legislation in force.
4.6. ITS makes serious efforts to maintain the accuracy of the information presented on the Platform. However, the possibility of technical errors and/or omissions in this information for which ITS is not responsible cannot be excluded.
4.7. The distance sales contract /The Contract/ through which the User uses services through the Platform provided by ITS is different from these General Terms and Conditions, and when making an electronic statement about the conclusion of the Distance sale Agreement, the User agrees to these General Terms and Conditions.
4.8. ITS shall not be liable in the following cases:
- For damages caused by incorrectly declared data by the User upon activation of an electronic vignette and/or upon payment of a compensatory fee, in which case the amounts paid for the purchase of an electronic vignette/ for payment of a compensatory fee are not refundable;
- For damage caused by other websites accessible through Electronic References/Banners placed on the Website;
- For all damage caused to Users in the provision of the service, except for intentionally caused damages (by ITS employees);
- For damages arising in case the User forgets his/her profile log on to a computer and/or in any other way authorizes and/or allows it to be used by third parties who have abused his/her registration;
- For damages caused in the absence and/or interruption of accessibility to the Website.
4.9. The user name with which the User registers does not give him any rights other than the right to use the specific Username within the ITS Platform.
4.10. The User undertakes, when using the access granted to him to the Platform: to comply with the Bulgarian legislation, applicable foreign laws, these General Terms and Conditions, internet ethics, the rules of morality and good manners, not to violate foreign material or non-material rights, including intellectual property rights; notify ITS without delay of any case of committed or detected infringement; not to interfere with the proper functioning of the Platform, including, but not limited to, not to interfere with the identification procedure of another user, not to access outside the provided, not to impair or impede the availability, reliability or quality of the access granted, and not to use it in a way that causes its refusal to use; not to extract by technical means or technically information resources or parts of information resources belonging to the databases located on the website and thus not to create its own database in electronic or other form; not impersonate another person or otherwise mislead third parties about their identity or belonging to a particular group of people; not to perform malicious acts within the meaning of these General Terms and Conditions.
4.11. Users may use all services offered on the Platform for personal purposes, not for profit and provided that the copyrights of ITS and/or third parties related directly or indirectly to the materials on the Platform are not infringed. Users may not reproduce, modify, delete, publish, distribute and/or otherwise disclose the information resources published on the ITS Platform.
4.12. ITS reserves the right to attach the rights to publish materials and other information published on the Website to third parties upon further conclusion of a contract in writing governing the legal relationship between ITS and the person publishing the information.
4.13. The links on the Website to www.vinetki.bg and/or to other websites owned by third parties are published for the convenience of users. When using such electronic reference outside the Website, these General Terms and Conditions do not apply.
4.14. ITS is not responsible for the information and/or content of other websites owned by third parties, and does not impose or recommend the use of these websites or the information published there. Any risks associated with the use of such websites are carried by users.
5. CONCLUSION OF ELECTRONIC DISTANCE SALES CONTRACT
5.1. The User declares his/her willingness to use the Service through the Platform by conclusion of electronic distance sales contract for the purchase of electronic vignettes and/or route pass. The user has the possibility to request and conclude contracts for automatic toll collection services with ITS via On board units, to which these General Terms and Conditions do not apply.
5.2. ITS will send a system message to the User for the used Service made in its system. This system message will be sent via electronic means (email)
5.3. The electronic distance sales contract concluded between the User and ITS consists of the present General Terms and all possible additional agreements between ITS and the User.
6. RULES FOR USING THE PLATFORM. PAYMENT METHODS.
6.1. Access to the Platform for the purpose of Purchase is allowed to any User, whether the latter has made the Platform's registration or not.
6.2. ITS reserves the right, in its sole discretion, to restrict the access of any User if it considers that this would be to the detriment of ITS in any way. In this case, the sole right of the User is to send an official written request to ITS or an electronic inquiry by e-mail: email@example.com, in order to be informed of the reasons which have led to the application of the above-mentioned measures. ITS is not liable for any damages that the User has suffered or may suffer as a result of this decision, regardless of its correctness or reasonableness.
6.3. Communication with ITS may be made through a direct connection, on phones with the numbers *5500 or 0884 00 55 00 at the price of the respective individual tariff plan which Users use and/ or at the specified addresses in the "Contact us" section of the Platform.
6.4. With the exception of toll, route pass, compensatory fees and electronic vignettes, which represent a state fee for use of the republican road network and for which no VAT is applicable, all prices of the Services of the Platform are final and are declared in BGN with VAT included and any other taxes or fees required by law.
6.5. In case of change in the tariff of fees collected for passage and use of the paid road network, ITS has the right to change the prices stated in the website at its sole discretion at any time and without having to notify the Users in advance. The Users are required to pay the price that was stated on the Website during the execution of the purchase, regardless of whether it is lower or higher than the updated price. In case of technical errors in the published information on theWebsite, as a result of which the order cannot be executed, ITS has the right to refuse the completion of the order by not paying compensation to the User.
6.6. ITS does not bear any liability for any expenses in connection with fees, commissions or other additional payments made by the User or his bank in connection with the transaction itself, as well as in the case of exchange of currency, applied by the bank which issued the card to the User in cases where the currency is different from BGN. The expenses associated with such payments are at the expense of the User. For this reason, ITS recommends to the Users to consult with their bank about any additional fees that could be charged to them on online payments or those made through a bank.
6.7. The User can pay the value of the services by bank card.
6.8. In case of provided functionality of the Platform when paying amounts to ITS by bank transfer, ITS generates from the Platform a Payment Request that contains a payment code. The user is obliged to indicate the Payment Code in the "reason for payment" field of the payment order for each bank transfer made to ITS.
6.9. The User declares that he is aware that the information contained in the payment orders must be filled in correctly. In the field "reason for payment" is written only payment code (pay code) generated automatically upon confirmation of the Payment Request and without intervals and no other information. The amount calculated when generating the Pay Code must correspond to the amount indicated in the payment order. A separate payment order shall be prepared for each payment code generated.
6.10. In the absence or misspelled payment code, in the field "reason for payment" in case of payment by bank transfer or in case of inaccurately paid amount, ITS has the right to delay the processing of the payment for up to 5 (five) business days, within which period ITS does not provide the services paid with the respective Payment Request.
6.11. In case of provided functionality of the Platform when paying amounts to ITS by bank transfer, it takes technological time for ITS to process the received bank transfer within 3 (three) business days, and the respective obligation of the User will be repaid or the relevant service will be activated after the processing of the received bank transfer by ITS.
6.12. Upon purchase of route pass and electronic vignettes and/or paying compensatory fees by bank transfer, their activation is after receiving and processing the bank transfer from ITS. The user is responsible for the correctness and accuracy of the entered data and the attached documents. In the case of incorrect or declared data, ITS shall not be eligible for a refund.
6.13. The Platform provides Users with links – links to www.vinetki.bg for the purchase of Route pass/ use of toll collection services/e-charging services, etc.;
6.14. ITS has the right to introduce and activate additional payment/payment methods with notification to users without the need for an amendment to these General Terms and Conditions;
6.15. The user is responsible for the entered data, registration number, vehicle type, type of vignette, country of registration, ecological category of the vehicle, initial date, etc. In case of incorrectly entered or declared data ITS does not owe a refund of the amounts paid for Electronic Vignettes/Compensatory Fees.
6.16. The Users have the possibility to perform checks on the validity of the purchased Electronic Vignettes/ availability of compensatory fees, the specified option being informative and not binding Users on their payment. ITS is not responsible for the veracity and reliability of that information, as the information is provided by RIA and technical errors may occur.
6.17. ITS undertakes to provide the electronic toll collection services to users of the Paid Road Network with whom it has a contract and to provide services for the operation of points for the sale of tolls through its own and/or leased commercial network in accordance with the concluded contracts with the clients and the general terms and conditions applicable to them. All applicable conditions for the use of toll services of users of the Paid Road Network are detailed in the contracts and the general terms and conditions applicable to them.
7.1. ITS is entitled to use subcontractors (partners, couriers, etc.) to fulfill his obligations under the distance sales contract concluded through the Platform without the need to notify or obtain the consent by the User for that.
8. INTELLECTUAL PROPERTY RIGHTS;
8.1. All elements of the Platform's content, including design, domain name, trademark, databases, text, drawings, graphics, sketches, designs and other information or elements, constitute an intellectual property object within the meaning of the Copyright and Related Rights Act, the Trade Marks and Geographical Indications Act and the Industrial Design Act and are subject to intellectual property rights of ITS or are granted for use of ITS.
8.2. Intellectual property rights on all intellectual property objects - materials, databases, and other resources, positioned on the Platform are protected under the Copyright and Related Rights Act and/or the Marks and Geographical Indications Act and may not be used by any other person in violation of applicable laws.
8.3. Each User undertakes to use the Platform to comply with Bulgarian legislation, these General Terms and Conditions, by agreeing and acknowledging that ITS owns all intellectual property rights and the User undertakes not to modify, adapt, copy, reproduces or otherwise uses the information published on the Platform.
8.4. ITS has and retains all intellectual property rights in any way connected with the Platform, whether they are be its own or obtained through contractual licenses or in any other lawful manner.
8.5. Nothing in the distance contract concluded between ITS and the User will be considered as an authorization from ITS to copy, distribute, publish, make available to third parties, modify in any way whatsoever part of the Content, including but not limited to the content of the trademarks, logos, multimedia content of the Platform, or descriptions of Products or Services in any way, including by introducing any content external to the Platform, the removal of the signs indicating ITS property rights on the Content. The User may not also transfer, sell, distribute materials created by reproducing (copying), modifying or publishing the Content except with the explicit consent of ITS.
8.6. The User may only copy, transfer, and/or use the Content for personal, non-commercial purposes unless this is contrary to what is provided in this chapter of this document.
8.7. The common sending to the User or reference to the Content or parts of it by ITS will not be considered as an agreement on the part of ITS to allow the User to use the Content or parts thereof for its own purposes, other than their personal needs, regardless of the means of communication used by ITS.
8.8. Any use of the Content for purposes other than those expressly permitted in these General Terms and Conditions or any other explicit written consent given by ITS is prohibited.
8.9. ITS has the right at any time and without prior notice to remove any content on the website that it considers to be inconsistent with the applicable Bulgarian legislation, the present General Terms and Conditions or the rights and legitimate interests of third parties, to suspend, restrict or alter the services provided to the User, as well as to address the matter to the competent state authorities if, in the judgment of ITS, the User violates the provisions of the current Bulgarian legislation, the present General Terms and Conditions or the rights and legitimate interests of third parties.
8.10. In the event User considers that materials posted on the Website are violating someone's intellectual property rights, they should contact ITS through the channels, listed in the "Contact us" section of the home page and to clarify their concerns or objections, in order to take the necessary measures.
9. PURCHASE OF ELECTRONIC VIGHETTE
9.1. The User may purchase an electronic vignette through the Platform following the steps specified in the Platform.
9.2. The User undertakes and is responsible for ensuring that all data provided to ITS in connection with the Purchase are true, complete and accurate at the date of Purchase. The minimum data required for the purchase of an electronic vignette is as follows: for passenger cars and light goods vehicles, and trailers to them which are Category 3 - registration plate number, country of registration, vehicle type, electronic vignette type and period of validity of electronic vignette;
9.3. By making a Purchase, the User authorizes ITS to contact him/her in any possible way, whenever necessary, in connection with the purchase or the concluded Contract.
9.4. ITS has the right to refuse to execute (cancel) the Order made by the User, of which the User shall be notified. Cancellation of the order does not entail any liability or consequent liability of either party to the other party in relation to it, and respectively none of them shall have the right to seek compensation from the other party for its cancellation in the following cases:
- non-acceptance by the User’s bank of the on-line payment transaction;
- execution of the monetary transaction, which does not lead to payment of funds to the ITS account for online payments;
- the data provided by the User in the Platform is incomplete and/or incorrect.
- poor financial reputation of the User and available outstanding debts to ITS by the User.
10. PURCHASE OF ROUTE PASS
10.1. The User has the possibility to purchase a Route pass via the Platform following the steps specified in the Platform.
10.2. The User is obliged to choose a route by determining the starting and end point of the route, as well as up to four intermediate points along the route, as well as to check that the route of the republican road network is not prohibited for the road vehicle chosen by the User or in settlements;
10.3. The User in the course of the trip is obliged to pass only on the selected and paid route, otherwise the User will move in violation of the rules under the Roads Traffic Act, passing along a section of the paid road network, which is not included in the selected route, as well as in case of passage through a section of the route, which is prohibited for movement of the specifically selected RV.
10.4. After purchasing the Route pass, the User has the opportunity to access and print the route upon purchased route pass via the ITS Platform. The visualized/printed Route pass is only illustrative and ITS is not responsible in case the User deviates from the selected route, as well as in case of passage through a section of the route that is prohibited for the movement of the specifically selected vehicle.
10.5. The User is informed that ITS is not responsible for all and any damages suffered by the Client and/or the owner of the PPPs, including lost profits, penalties of state authorities and others, as a result of the route chosen by the User.
11. PAYMENT OF COMPENSATORY FEE
11.1. After providing functionality in the Platform, which will be notified by ITS, the User will be able to pay compensatory fees through the Platform.
11.2. The compensatory fee is a state fee collected by RIA, which can be paid voluntarily by the User, in which case the driver of the Road Vehicle, its owner or any third party who may be liable for administrative responsibility in connection with the particular Road Vehicle shall be exempt from administrative criminal liability.
11.3. In the event that the Compensatory Fee is paid on the basis of an electronic ticket issued for the imposition of a fine for infringement established by an electronic system for collecting tolls under Art. 10 para. 1 of the Roads Act within 14 days of its service, the electronic ticket will be cancelled (no pecuniary penalty is due on it). After the expiry of the specified 14-day period and in case no Compensatory Fee has been paid, including if the electronic ticket is appealed by a court order and confirmed by a final judgment, the financial penalty imposed by the electronic ticket and the fee under Art. 10b para. 5 of the Roads Act will be due in full.
11.4. ITS provides only functionality and the ability of Users to pay compensatory fees. The details of the existence and justification for the imposition of compensatory fees, as well as the periods within which they are due, are provided by RIA and ITS shall not be liable in respect of the merits of the obligation to pay a compensatory fee imposed pecuniary penalty, the size of amounts due to RIA in respect of penalties and compensatory fees, counting and expiry of time limits and/or any other disputes that may arise in connection with the Compensatory Fee and/or imposed for the infringement concerned. They should be addressed by users to RIA and the complaint cannot be lodged through ITS.
11.5. The compensatory fee is paid by ITS to RIA on behalf of the User, immediately upon payment by Bank card, or after receiving and processing the bank transfer from the User to ITS upon payment by bank transfer in case of provided functionality in the Platform. Due to the need for technological time to receive the bank transfer and its processing by ITS upon payment by bank transfer, it is possible to expire the deadline for its payment, set by the RIA. Upon expiry of the period for payment of the Compensatory Fee, regardless of the reason for this or if, before payment of the Compensatory fee from ITS to RIA, it is paid to RIA in another way, the amount paid by the User to ITS will be refunded to the bank account from which it was paid. ITS shall not be liable for any damages suffered by the User in these cases.
12. SERVICES FOR WHICH THE USER HAS NO RIGHT OF WITHDRAW
12.1. Due to the specificity of its serviceand it case of provision of Services to which is appplicable, ITS offers to the Users in its own name and for its own account, the possibility of withdrawal of the used Service through the Platform and returning a payment made, not later than 14 (fourteen) days from the date of use of the Service.
12.2. In order to exercise its right of withdrawal, the User should notify ITS of his/her names, geographical address and, if any, telephone, fax and e-mail address, as well as his/her decision to withdraw from the contract by unambiguous application (for example a letter sent by post, fax or e-mail). The User may use the enclosed standard withdrawal form, but this is not required:
Standard form to exercise the right of withdrawal (fill in and send this form only if you wish to cancel the contract)
To the attention of
Intelligent Traffic Systems AD is a company with headquarters and management address at Building 6, bl. 42A, ground floor, Opalchenska street, Serdika district, 1233, Sofia, Bulgaria with address for correspondence at Building 6, 109, bl. 42A, ground floor, Opalchenska street, Sofia, Bulgaria, registered in the Commercial register and the register of non-profit legal entities under UIC 201988199 and VAT identification number: BG201988199
I/we hereby notify you * that I/we are withdraw * from the contract concluded by me and the merchant through your shopping platform "www.vinetki.bg" for the purchase of the following goods */for the provision of the following service *:
Order number: .........................
Date of order: ..............................
Order confirmation received on: /email/ ................................................... /Date: ....................
Product description: ......................................... ..................................... .........................................................................
– Received on * ......................................................................................................................
– The user's (s) full name (s) ............................................................. ..............................................................................
– Address of the user (s) ......................................................... .........................................................................................
– Phone number of the user (s) ............................................................................................
– The user's (s) e-mail address ................................................................. ..........................
Bank account of the user (s) on which the amounts paid are refunded
Account holder .........................................
– – Signature of the user (s) ..........................................................................................
(only if this form is on paper)
– Date ....................................
*Delete as appropriate.
12.3. The User may also fill in and submit electronically the Standard form to exercise the right of withdrawal or other unambiguous request to withdraw via the Website, by e-mail at: firstname.lastname@example.org, and if he/she uses this opportunity, ITS will immediately send via a secure media (e-mail, for example), a return message confirming receipt of the refusal. In order to comply with the withdrawal period, it is sufficient that the User should send his/her notice regarding the exercise of his/her right of withdrawal before the expiration of the withdrawal period. In the event that the User withdraws from the distance sales contract, ITS will reimburse all payments received, with the exception of additional payment and delivery costs for each order placed on the Website without undue delay and in any event not later than 14 (fourteen) calendar days from the date on which the User informs ITS of its decision to withdraw from the contract.
12.4. The right of withdrawal outside the commercial website does not apply in the following cases: for purchased and activated electronic vignettes, route pass, for paid Compensatory fees and other paid fees due toward RIA and/or ITS, for the provision of services where the service is fully provided and its execution has begun with the explicit prior consent of the user and confirmation by him that he knows that he will lose his right of withdrawal once the contract is executed entirely by the trader; for the supply of goods or services the price of which depends on fluctuations in the financial market and which cannot be controlled by the trader as well as those which may occur during the period for exercising the right of withdrawal; for the delivery of goods made on the individual order of the consumer or according to his individual requirements; for the supply of goods which, by their nature, may deteriorate or have a short shelf life; for the supply of sealed goods unpacked after delivery and cannot be returned for reasons of hygiene or health protection; for the supply of goods which, after being supplied and by their nature, have been mixed with other goods from which they cannot be separated; for the supply of alcoholic beverages the price of which has been agreed at the time of conclusion of the contract of sale, the delivery of which may be effected not earlier than 30 days after the conclusion of the contract and the actual value of which depends on fluctuations in the market cannot be controlled by the merchant; where the consumer has explicitly requested the trader to visit it at his home for the purpose of carrying out urgent repairs or maintenance work; where, in the course of such a visit, the trader provides other services in addition to those requested by the consumer or supplies goods other than the spare parts necessary for the repair or maintenance, the right of withdrawal shall apply to those additional goods or services; for the supply of sealed audio recordings or video recordings or sealed computer software which are unpacked after delivery; for the supply of newspapers, periodicals or magazines, with the exception of contracts for the subscription of such publications; concluded during a Public Auction; for the provision of accommodation services which do not have the purpose of permanent residence, transporting goods, renting out cars, catering or providing services related to recreational activities if the contract provides for a specific date or period for implementation; to provide digital content that is not supplied on a physical medium when implementation has begun with the explicit consent of the consumer who has confirmed that he knows he will lose his right of withdrawal in this way.
13. CLAIMS AND COMPLAINTS
13.1. All claims or complaints related to the use of the Services provided by ITS can be sent to its contacts and will be examined, respectively the User will be informed of the decision on the submitted claim/complaint within 30 (thirty) days of its receipt.
13.2. The submission of a claim or complaint does not relieve the User of his obligation to pay the amounts due.
13.3. Complaints related to the applicable tariffs for Electronic Vignettes, Route pass, Compensatory Fees, the scope of the Paid Road Network and the regulations related to the collection of tolls shall be dealt with by RIA.
14. PERSONAL DATA PROCESSING AND CONFIDENTIALITY
15. COMMERCIAL MESSAGES
15.1. Upon the registration of User Profile on the Platform the User has the possibility to express his/her consent to receive a Commercial Messages.
15.2. The User may withdraw his/her consent given to ITS to receive Commercial Messages, which may be done at any time by changing the settings in his/her User Profile or by contacting ITS.
15.3. The refusal to receive Commercial messages does not mean an automatic withdrawal of the given consent to the conclusion of this distance sales contract. The refusal shall apply only in the future and shall not affect commercial communications sent until the time of refusal.
15.4. The User may unsubscribe at any time from receiving Commercial Messages by returning a reply to the received message that he no longer wishes to receive such messages and/or if he/she has a registered User Profile, may opt out of receiving them by checking the profile or by clicking on the "delete account" button in the Profile.
16. PAYMENT DOCUMENTS
16.1. ITS will provide Users with the following payment documents upon payment:
- Invoice for services provided by ITS to the User;
- Electronic vignette receipt, route pass receipt, compensatory fee receipt;
- Invoice for fees determined by ITS, if any;
16.2. Payment documents issued by ITS are available on the Platform and can be accessed by the User in case there is a registered User Profile.
16.3. For each passing period, the User has the possibility to access the Platform and receive reports during a period specified by the User, etc.
16.4. The User receives a system message from ITS for each payment document issued by ITS.
16.5. Upon received written request from a User and verification by ITS of the representative authority of the person submitting the request, the user's data specified in the payment document may be modified or corrected by ITS.
16.6. The prices of electronic vignettes, route pass and compensatory fees declared in tariff for the fees collected by the Road Infrastructure Agency shall be final. In accordance with the legislation in force, these charges do not include any taxes, duties or the like (such as but not limited to VAT) as they constitute a state fee for the use of the Paid Road Network.
16.7. In order to properly compile payment documents, Client is obliged to constantly update the data in his/her Profile. It is obliged to review the information before the Application to make sure that it is complete, correct and accurate.
17. USING COOKIES
18. FORCE MAJEURE CIRCUMSTANCES
18.1. Neither party will be held responsible for any failure to perform its contractual obligations if such non-performance is due to force majeure. Force majeure is an unpredictable event beyond the control of the parties that cannot be avoided.
18.2. If, within 14 (fourteen) days of the date of occurrence of the Force Majeure incident, it continues to act and impedes the performance of the Contract, either party shall have the right to notify the other party of the termination of the Contract without incurring the other indemnity for any damage suffered.
18.3. ITS is not responsible for any suffered by the User damages incurred as a result of force majeure or that are beyond the control of ITS.
19. APPLICABLE LAW - JURISDICTION
19.1. This Contract is subject to all provisions of the Bulgarian legislation in force. Any disputes arising between ITS and Users will be resolved by mutual consent or, if that is not possible, disputes will be settled before the competent Bulgarian courts without infringing the rights of the consumers within the meaning of the protection of consumers according to Art. 18 of Regulation 1215/2012.
These Terms and Conditions have been accepted and will enter into force on 14 January 2021.
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