Below are the terms and conditions for an AutoPASS agreement with Fjellinjen.
1. Introductory provisions
1.1 The Company grants the Client the right to use the AutoPASS toll payment tag (the Tag) in all toll road facilities and other transport-related services (Facilities) covered by the AutoPASS Contract (the Contract). The Tag is distributed by the Tag issuer (the Issuer) or commercial distributor.
1.2 The Contract comprises General Terms and Conditions, Local Terms and Conditions, Contract Form and Guidelines. In the event of any inconsistency, the above sequence shall apply.
1.3 The Client accepts the terms and conditions that follow from the Contract.
1.4 The Client is responsible for staying informed about which Facilities are covered by the Contract. Information is available at www.autopass.no or via telephone 02012 or + 47 915 02012 (from abroad).
1.5 The Client's use of Facilities covered by the Contract, will be charged to the Contract.
1.6 The Company is entitled to charge the Contract for use of the Tag in other Facilities covered by the Contract unless the Client has specifically requested that this not be done (cf. Contract Form). The Company will transfer the payment.
2. Term of Contract
2.1 The Contract will be effective from the start date stipulated in the Contract, at the earliest on the date it is signed by the representative for the Company/distributor.
2.2 The Contract will remain in force until cancelled by one of the parties in writing or by return of the Tag(s).
3. Client obligations
3.1 The various types of agreements and payment schemes available are listed in the Contract Form. The Company's rates as well as the deposit for the Tag are stipulated by the public authorities and are listed in a separate price list. When the Tag is used in other Facilities covered by the Contract, the current rates in the individual facility shall apply.
3.2 The Client is responsible for ensuring that information entered in the Contract Form is correct.
3.3 The right to use the Tag is conditional upon timely payment of outstanding Company claims.
3.4 The Client cannot use the Tag in motor vehicles other than those specified in this Contract.
3.5 Toll charging points must be passed in lanes marked AutoPASS or lanes for electronic reading.
3.6 Installation and use of the Tag must be in accordance with instructions provided by the Company.
3.7 The Client must report any change in vehicle data within three working days after the change has been effected. However, such changes cannot take place more frequently than every third day.
3.8 The Contract or the Tag cannot be transferred to any other party.
3.9 The Client is responsible for payment for use of the Tag in all Facilities covered by the AutoPASS Service until return or reported loss of the Tag regardless of whether the Client personally uses or lets other parties use the Tag.
4. Company obligations
4.1 When the Contract has been accepted, the Client must pay a deposit and be issued a Tag if the Client has not received a Tag previously.
4.2 The Company must provide the Client with information regarding the AutoPASS Service and use thereof.
4.3 An approved passage through the toll charging point will be indicated by a green light or no light. A yellow light indicates unpaid/invalid Contract, missing tag, faulty tag or incorrect installation, and will automatically trigger a video recording. A white light indicates an approved passage, but that your prepaid account is running low. For further use of the service, the Client must pay a new invoice or the Company must charge the Client's account. Other light signals may be used in automatic facilities (see Local Terms and Conditions).
4.4 If the Company makes any mistakes during registration of the vehicle data, the Client is entitled to have the Company refund any amount incorrectly charged.
5. Surcharges and breach of contract
5.1 Breaches of the Contract may result in surcharges for the Client.
5.2 Appeals against surcharges shall always be addressed in writing to the company that issued the surcharge.
5.3 If the Client provides incorrect information regarding vehicle data resulting in loss for the Company, the Company is entitled to collect in arrears from the Client for its loss.
5.4 The Company is entitled to terminate the Contract in the event of the Client's material breach of obligations that follow from the Contract.
6. Loss, damage or theft of the Tag
6.1 The Client is responsible for all storage and use of the Tag. In the event of loss, damage or theft, the deposit will not be refunded.
6.2 The Client is not responsible for payment for use of the Tag if the Client has been deprived of the Tag or the vehicle through theft. This is conditional on the Client not being negligent during storage of the Tag and the crime being reported to the police.
7. Termination of the Contract
7.1 The Client has the right to terminate the Contract with the Company in writing at any time.
7.2 The Contract can be transferred to another Issuer if the Company discontinues its operations. Notification of discontinued operations will be provided no later than three (3) months before the Company closes down.
7.3 In the event of termination, any unused funds in the Client’s prepaid account will be returned to the Client in accordance with Local Terms and Conditions.
8. Contract amendments
8.1 The Company may make minor adjustments to the Contract. The current version of the Contract is available at the Company’s website, at the Company and at the Company's distributors. Material changes must be announced or sent to the Client in writing. Such changes will enter into force for the first subsequent invoice payment or charge to the Client's account by the Company.
8.2 Changes to the term of the Contract can only take place as a consequence of decisions made by political authorities or other extraordinary circumstances beyond the Company's control. Any such changes will be announced no later than four (4) weeks before the change becomes effective. Changes to rates and other prices will be advertised in accordance with provisions stipulated by the Ministry of Transport and Communications and the Norwegian Public Roads Administration.
9. Data protection
9.1 All use of the Tag will be registered in connection with inspection of payment, presentation of anonymous statistics and any information to the Client. The records will be in agreement with the provisions of the Personal Data Act.
9.2 The Tag may be used for anonymous data collection. This will be handled without the use of personal data.
9.3 Further information on the handling of information about the Client is available from the Company. Client data will only be used to manage the AutoPASS services. Information on the Client may be forwarded to operators of the AutoPASS services.
9.4 Information on each individual AutoPASS passage will be deleted as quickly as possible after the invoice has been paid. In the event of any dispute regarding payment obligations, the information will be retained until the claim has been paid or settled by the courts.
10.1 Inquiries from the Client to the Company regarding the Contract, the Tag, etc., must be sent in writing by letter, fax or e-mail to the address listed on the Contract Form.
10.2 Unless specified otherwise in the Contract, any messages from the Company to the Client regarding the Contract must be sent via regular mail or e-mail to the address registered in the Contract Form. Messages can also be included with invoice dispatches and any payment reminders.
10.3 Any appeals against charges for passages must be submitted no later than 30 days from the time the Client became aware of the charge. For passages abroad, the appeal must be submitted no later than 60 days after the passage. Legal disputes regarding appeals must be settled by a competent court of law where the Facility in question is located.
Special terms and conditions - Fjellinjen AS
Fjellinjen AS regularly invoices for completed passages. Green plus upon passage means that a valid contract has been registered. White plus upon passage is given when the due date on the sent invoice is passed. Users with the AvtaleGiro will be notified with white plus upon passing when an invoice is sent to customers account. Account is charged approx. 8 days after first notice.
In case of cancellation, defect on tag, missing tag, incorrect assembly or when invoicing is not paid, no light signal is given. Passing without a valid agreement does not entitle you to a discount. Postpay billing of passages in other payment systems follows regular postpay billing, unless customers have specifically requested separate billing. At low billing rates, Fjellinjen reserves the right to invoice for up to 5 months in total.
Fjellinjen offers more options for electronic invoices for contract customers. If the customer chooses to receive the invoice on paper, a fee of kr 25, - per issued paper invoice is added.
Not received giro or notice does not release the User for the obligation to ensure that the agreement is valid upon passage.
2. Refunds upon termination or by deposit
Paid deposit for chip is refunded upon filing of undamaged piece.
Oslo, October 2013