Please read sanef SA's terms and conditions carefully before making an application for use of the Liber-T system. By applying for the Liber-T System (service), you are agreeing to be bound by these terms and conditions.

General Terms and Conditions of subscription to liber-t

 

Preamble

Integrated contactless toll payment systems that provide access to infrastructure elements operated by multiple providers offer users of light vehicles the possibility to drive on toll-paying motorways or across infrastructure elements, and to use parking facilities run by different operators, using a single contactless toll payment tag, and to receive a single bill for all the services they consume.

1. Issuing Company

The contactless toll payment tags are issued by SANEF SA, a French public limited company with a board of directors; share capital: € 53,090,461.67; registered address: 30 BOULEVARD GALLIENI 92130 ISSY-LES-MOULINEAUX, FRANCE; registered in Nanterre, France under no. 632 050 019 (the “Issuing Company”), acting on its own behalf, and by virtue of a reciprocal mandate, on behalf of the motorway concessionaires, the operators of toll-paying infrastructure elements and the operators of parking facilities that accept the contactless toll payment tags as a method of paying the tolls due for using the abovementioned facilities.

Emovis Tag UK will provide, on behalf of Sanef, services to customers who are residents of the United Kingdom.

Emovis Tag UK" means Emovis Operations Mersey Ltd. T/A Emovis Tag UK, a company incorporated and registered in England and Wales with company number 06652372 whose registered office is at Emovis Operations Mersey Ltd, Howard Court, Manor Park Avenue, Runcorn, Cheshire, WA7 1SJ, United Kingdom.

2. Subject-matter of the contract

The contract covers delivery to the contract holder of contactless toll payment tags that are valid on the network of French operators of motorways, operators of toll-paying infrastructure elements (with the exception of the Mont-Blanc and Fréjus tunnels), and, save in case of an express restriction in the special terms and conditions, operators of parking facilities marked with the “t” logo, to pay the tolls due for using the abovementioned facilities. The holder of the contract may request the provision of one or more additional contactless toll payment tag(s) in keeping with the terms set out in the fee scale appended hereto.

 

3. Holder of the contract

The holder of the contract shall be a natural or legal person to whom the Issuing Company shall have delivered one or more contactless toll payment tags.

 

           d. Application Vetting

PLEASE READ THESE CONDITIONS CAREFULLY BEFORE MAKING AN APPLICATION FOR USE OF THE LIBER-T SYSTEM. BY AGREEING TO THESE CONDITIONS, YOU CONSENT TO SANEF PROCESSING AND HOLDING YOUR PERSONAL DATA IN ACCORDANCE WITH THE CONDITIONS SET OUT BELOW.

Subscribers who apply to use the liber-t System via the Website (an "Application") acknowledge that Sanef will procure that Emovis Tag UK or other third party will process their application details for the purpose of the Application vetting and for the carrying out of credit checks to assess their credit worthiness.

By making an Application, Subscribers authorise Sanef to use the service of a credit reference agency to verify the identity of the Subscriber and to assess their credit worthiness. As part of this verification process, Emovis Operations Mersey Ltd. T/A Emovis Tag UK (or other third party) will obtain details of any credit judgements that have been awarded against the Subscriber through the County or High courts in The United Kingdom. These will typically have been lodged as a result of the conduct of the Subscriber's credit affairs.

Where Sanef deems any of this information to be material to the Subscriber's Application (including (but not limited to) where the Subscriber has been declared bankrupt or has credit judgements awarded against them), Sanef reserves the right to decline the Subscriber's Application and/or terminate any current subscription.

BY SUBMITTING AN APPLICATION TO SANEF TO USE THE LIBER T SYSTEM VIA THE WEBSITE SUBSCRIBERS ARE CONFIRMING THE FOLLOWING:

• That the subscriber understands that the application vetting is a pre-condition of Sanef considering the subscriber’s application to use the liber-t system; and

• Your details maybe shared with a credit reference agency, should at any point your account fall into arrears for the purposes of tracing your current address and contact details; and

• That the subscriber consents to Emovis Tag UK (or third party instructed by Sanef to carry out application vetting on Sanef’s behalf) accessing their personal credit file for the purposes set out in these conditions.

• That the subscriber consents to the storage of their information and the use of it to decide on current and future subscription application(s).

• Any subscriber that does not consent to these conditions acknowledges that Sanef is unable to process their application to use the liber-t system and is requested to contact Emovis Tag UK on the telephone number listed on the contact pages of the website.

Sanef undertakes that it and Emovis Tag UK and any other third party instructed by Sanef to carry out application vetting on Sanef's behalf, will not utilise any financial data other than the Subscriber's data when assessing a Subscriber's credit worthiness.

5. Duration of the contract - Start date

The contract shall last for an open-ended term and shall come into force when the holder of the contract receives the first contactless toll payment tag.

 

6. Using the contactless toll payment tag

Terms applicable to all uses of the tags

A – Overview

The bearer of a contactless toll payment tag must comply with the mandatory regulations and the operating rules in force on the motorways, toll-paying infrastructure elements and parking facilities. The holder of the contract shall bear full liability for his or her use of the contactless toll payment tag that is delivered and undertakes to comply with all the user instructions that are brought to his or her attention, such as:

 

• the need to avoid carrying more than one active contactless toll payment tag in any given vehicle (a contactless toll payment tag is considered to be active when it is no longer inside the protective case provided with the contactless toll payment tag).
• the need to position the active contactless toll payment tag properly on the vehicle’s windscreen in keeping with the instructions of the user manual provided with the contactless toll payment tag by the Issuing Company.

 

Should these instructions not be complied with, the contactless toll payment tags may not operate properly, and the holder of the contract runs the risk of incurring billing anomalies. Only the effective presence of a valid, active contactless toll payment tag that is properly positioned in the vehicle shall enable the holder to perform transactions under the liber-t contract. The liber-t transaction shall then take place and shall take precedence over any other method of payment of the toll or part thereof. Should the holder wish to pay the sum that is due outside the scope of the liber-t contract, he or she must deactivate the contactless toll payment tag. The contactless toll payment tag is not tied to a given vehicle and may be used by the holder in different vehicles. However, it must never be used concurrently for several vehicles travelling in a convoy on the same route or using different lanes of the toll station.

 

B – Replacement and withdrawal of the contactless toll payment tag

The contactless toll payment tag shall at all times remain the property of the Issuing Company, which may withdraw and/or replace it at will, should the contract be rescinded by the Issuing Company, or in case of fraud, alteration or counterfeiting of the contactless toll payment tag, or incompatibility with enhancements made to the contactless payment system. In case of a technical malfunction of the contactless toll payment tag, or to prevent any incident linked to its normal wear and tear, the Issuing Company shall replace the tag free of charge, as soon as possible, subject to the holder surrendering the old tag. If, after checking, it emerges that the tag’s malfunction was caused by the tag holder’s fault, the Issuing Company shall bill the holder for the cost of the damaged contactless toll payment tag (see the fee schedule appended hereto). Should no valid and active contactless toll payment tag be present in the holder’s vehicle, another method of payment shall be required. Any contactless toll payment tag that is found to be invalid may be removed by the staff of the Issuing Company or of one of the companies mentioned in Appendix A. The sale or rental of a contactless toll payment tag by its holder shall be strictly prohibited, and any violation of this provision shall lead to the contract being rescinded immediately.

 

Terms applicable to the use of the contactless toll payment tags for motorways and toll-paying infrastructure elements

 

1. Definition of the authorised classes of vehicles

A contactless toll payment tag enables its holder to pay tolls for vehicles in toll classes 1*, 2**, 5*** and vehicles in class 2 that are considered as qualifying for toll class 1****, on the network of operators of motorways and toll-paying infrastructure elements. * Class 1: vehicles or rolling stock with an overall height of up to 2 metres and a gross vehicle weight rating of up to 3.5 tonnes.

** Class 2: vehicles or rolling stock with an overall height of more than 2 metres and less than 3 metres and a gross vehicle weight rating of up to 3.5 tonnes.

*** Class 5: motorcycles, sidecars and trikes.

**** Class 2 vehicles that are considered as qualifying for toll Class 1: Class 2 vehicles fitted out to carry handicapped people (on presentation, at the toll booth, of the vehicle logbook bearing the statement “handicap”).

 

2. Procedure to be followed by tag holders at toll stations

In order to benefit fully from the contactless toll payment service, the holder must enter a toll station via one of the approach lanes and toll booth lanes marked with a “t” logo. Class 1 vehicles must as a priority use the contactless toll booth lanes earmarked for this class of vehicle (usually fitted with a height restriction bar of 2 metres).

Class 2 and 5 vehicles equipped with a liber-t contactless toll payment tag must use one of the approach lanes marked with a “t” logo, and one of the toll booth lanes featuring a “t” logo but no height restriction.

The tag holder undertakes to comply with:

• the signage concerning the classes of vehicles that are accepted in the various lanes (vehicle class, height restriction, earmarked to class 1 vehicles, earmarked to class 5 motorcycles, etc.),
• the traffic light system,
• the access lights and barriers,
• a minimum distance of 4 metres between vehicles while in the approach lanes or toll booth lanes,
• the personal safety guidelines and rules.

In the absence of valid information regarding the entry of a vehicle, the motorway operator shall be entitled to charge the highest possible rate at the toll booth that the vehicle uses to exit the motorway (the rate due for the longest possible route).

 

3. Procedure to be followed by tag holders in specific circumstances

In the special circumstances mentioned below, a tag holder passing through a toll booth lane earmarked to contactless payment (i.e. a lane only bearing the “t” logo) may be charged a higher rate (the rate due for the longest possible route, or an upgrade to a more expensive class):

Special circumstances:

                Þ  Invalid entry data (incompatible journey, period of validity exceeded).

                Þ Class 5 vehicles transiting via lanes earmarked for vehicles with a height restriction of 2 metres: by default, Class 5 vehicles using such lanes will be charged at the rate applicable to Class 1 vehicles.

Other circumstances:

Þ In case of a malfunction of the contactless toll payment tag or of the contactless toll payment equipment at the toll booth, the tag holder must take a physical entry ticket at the toll booth and present it upon exiting the motorway or toll-paying infrastructure (to the toll booth employee or in the case of an automated toll booth, to the reader of the payment terminal earmarked for this purpose).

Þ When passing through an automated toll booth, a tag holder with a Class 1 vehicle bearing a load on its roof (overall height exceeding 2 metres) must stop before the toll booth and make use of the assistance procedure that is made available for such cases.

Þ A tag holder using a Class 2 vehicle adapted to transport handicapped people may benefit from a downgrade by accessing a manned toll booth and presenting his or her contactless toll payment tag together with his or her vehicle logbook to the employee. Should there not be a manned toll booth, the tag holder may contact a toll station employee using the intercom at the toll booth.

When faced with any special circumstances at an automated toll booth, tag holders may always resort to the assistance procedure that is made available to them and that enables them to contact an operator via the intercom. The use of a liber-t contactless toll payment tag by a Class 2 vehicle in a toll lane or at a toll booth earmarked for Class 1 vehicles (i.e. fitted with a height restriction bar) or by a Class 3 or Class 4 vehicle, shall be strictly prohibited and shall be considered as constituting fraud.

Terms applicable to the use of contactless toll payment tags at parking facilities

In the case of the car parks mentioned in Appendix A, a contactless toll payment tag enables the holder to pay the parking fees due by leaving the parking facility via the lanes marked with a “t” logo. The tag holder should check the applicable height limitation beforehand as well as any restrictions to the access of LPG powered vehicles.

 

7. Challenges to the use of a contactless toll payment tag

The Issuing company shall not be liable where a tag holder fails to request the deactivation of any lost or stolen tags. The tag holder may only challenge the use of a contactless toll payment tag where the loss or theft of the tag has already been reported to the Issuing company. Challenges must be reported immediately to Emovis Tag UK by any possible means and confirmed in writing (by post, or e-mail) as soon as possible, stating the number of the contactless toll payment tag involved. The contactless toll payment tag will be invalidated upon receipt of the abovementioned declaration. The Issuing Company hereby disclaims any liability for the consequences of a challenge issued by a person other than the holder of the contract. A replacement tag with a different serial number can be ordered by the tag holder through his or her online account. A new security deposit and postage cost for the replacement will be applicable. Should the tag holder manage to find or retrieve the contactless toll payment tag that was reported as lost or stolen, he or she must send it back by registered post to Emovis Tag UK, Hornbeam House, Hornbeam Park, Hookstone Road, Harrogate, North Yorkshire HG2 8QT. Any use of a contactless toll payment tag that has been declared lost or stolen by a tag holder shall be considered as fraudulent and may lead to the rescission of this contract, in addition to the imposition of the fees and costs stipulated in the fee scale.

 

8. Returning a contactless toll payment tag

At the request of the Issuing Company

In all cases where the Issuing Company requests the return of the contactless toll payment tag(s) (such as in case of replacement of a contactless toll payment tag reported as lost or stolen but subsequently found by the holder, or in case of failure to return the tag upon rescission of the contract), the tag holder must return the tag within thirty days following receipt of the notification sent by the Issuing Company. Should the contactless toll payment tag not be returned or should it be returned in poor condition within this timescale of thirty days, the tag security deposit will not be refunded. In all the abovementioned cases, the contactless toll payment tag may be returned for a receipt to Emovis Tag UK, Hornbeam House, Hornbeam Park, Hookstone Road, Harrogate, North Yorkshire HG2 8QT. Payment for any tolls linked to journeys made using a contactless toll payment tag fraudulently shall be demanded, notwithstanding the Issuing Company’s right to bring legal proceedings.

 

At the initiative of the tag holder

The tag holder may return his or her contactless toll payment tag(s) at any point in time. Should a contactless toll payment tag be returned in poor condition, the Issuing Company, will not refund the tag security deposit. Any special terms and conditions concerning management fees due upon returning contactless toll payment tags shall also apply.

 

1. Changes to the key personal details of the tag holder

Tags are non-transferable. Should the tag holder’s name or address change, the tag holder must notify this in writing to Emovis Tag UK within thirty days. If a tag holder’s bank details change, they must update them through their online account as soon as possible.

The change may take up to forty days to be registered after the Issuing Company’s receipt of the abovementioned. Should the tag holder fail to comply with these terms or cancel the direct debit authorisation, this shall lead as of right to the rescission of the contract.

10. Billing and settlement

Fees

TVA is a sales tax applicable in France which is similar to value added tax (VAT) in the United Kingdom and is payable on all fees (excluding the Tag Deposit) under these terms and conditions.

Upon making an application the tag holder shall pay the subscription fees which include an application fee, annual fee and a refundable tag security deposit.

In addition to the subscription fees, the tag holder must pay a monthly service fee payable for each month the tag is used, capped at 2 months in any subscription year, per tag.

Unpaid Direct Debit Charge and Annual Account Management Fee

The tag holder must ensure a valid direct debit is maintained on their account at all times and that the annual account management fee is paid each year. Should the tag holder not maintain a valid direct debit mandate OR does not ensure that there are sufficient funds available to settle their outstanding account balance in full then a late payment fee may be applied to cover administration costs. If the annual account management fee remains unpaid and a valid direct debit is not put in place by the tag holder within 7 days following the payment due date of the invoice the subscription is deemed to be terminated. From that point the subscriber then has 90 days to return their tag/s to receive a refund of the refundable tag security deposit they initially paid, after which time the tag deposit is forfeited by the tag holder and retained by Issuing Company.
For the purposes of these terms and conditions, the "Charges" shall mean together the Subscription Fees, the Monthly Active Service Fees, the Foreign Exchange Finance Charge, the Toll Charges and the Unpaid Direct Debit Charge.

For full details see Appendix B

Billing data

The Issuing Company shall draw up a statement of the transactions (journeys and parking) performed by the tag holder during the billing previous period. The statement of the tag holder’s consumption shall state, for each contactless toll payment tag and for each transaction:

• regarding journeys made on motorways (bearing in mind that, given that the national network of toll motorways comprises sections that are operated jointly by several of the companies mentioned in Appendix A, certain journeys may be split between different motorway operators in the statement of journeys):

-the date on which the tag holder passed through the toll station,

- the toll class,

- the journey performed,

- the sum total toll levied, including tax.

 

· regarding parking in parking facilities:

- the date on which the tag holder left the parking facility,

- the sum total parking fees including tax,

- the name of the parking facility.

The invoice and the statement of transactions mentioned in this Article shall be the only documents issued; the electronic records of the transactions at the toll booths or at the exit of the parking facilities shall constitute evidence of the tag holder’s presence.

Billing terms

Based on the statement of transactions, the Issuing Company shall bill the tag holder for the monies that are due by the latter for the period under consideration, both for transactions performed on the networks of the operators mentioned in Appendix A, and for any other monies that are due by the tag holder under this contract. The invoice shall state the date on which the monies are due to be debited. The invoice shall not constitute a statement of all monies due in connection with the transactions performed by the tag holder during the period under consideration. Any transaction performed during the period, but not featuring in the invoice shall be included in subsequent invoices. Invoices will be sent electronically around the 10^th of the month and be available to download from the tag holder’s online account.

Settlement of the invoices

The invoices shall be payable in pound sterling, within a maximum timescale that shall be indicated on each invoice and by means of direct debit.

Payment defaults – Effects

Should a direct debit transaction be attempted on the tag holder’s account and should the initial attempt be rejected, a second direct debit transaction may be attempted for the same amount. If payment is not received the Issuing Company shall take steps to suspend the performance of the contract by temporarily deactivating all the tags associated with the tag holder’s account until payment is received.

Should an invoice not be paid in full, Emovis Tag UK will on behalf of Sanef send a summons to pay to the tag holder.

The summons shall state:

- the sum total that remains unpaid on the due date of the last invoice.

- any penalties for lateness defined in keeping with the terms and conditions, applied to the monies that remain outstanding on the payment due date of the invoice; these penalties shall be added to the outstanding monies; any journeys and parking made by the tag holder but not yet invoiced shall thereupon become due immediately.

- any obligation to return the contactless toll payment tag(s).

If any debt arising under this contract must be recovered through legal channels in the United Kingdom, the tag holder shall, in addition, compensate the Issuing Company for any costs incurred in enforcing performance. The tag holder hereby acknowledges that the Issuing Company benefits from a subrogation granted by the operators referred to in Appendix A for both informal and litigious recovery of debts arising from this contract.

11. Informal claims - Toll Adjustments

Informal claims concerning the elements of an invoice shall be admissible during a timescale of 90 days following the issuing of the invoice, and must be filed exclusively with the Issuing Company, by raising a toll adjustment request via the tag holder’s online account. The issuing of such a claim shall not dispense the tag holder from the obligation to pay the disputed invoice in full. Upon receiving a claim, the Issuing Company shall proceed to investigate it. Any changes made pursuant to the investigation shall give rise to a subsequent reconciliation. The Issuing Company shall adduce evidence of the disputed transaction(s) using the records of the transactions on its computer systems.

      l. Rescission – Effects

Rescission by the tag holder

The tag holder may notify the Issuing Company about his or her intention to rescind this contract by contacting Emovis Tag UK directly via email, letter or phone. The rescission shall become effective upon return of the contactless toll payment tag(s) and after settlement of all the monies owed to the Issuing Company.

Rescission by the Issuing Company

The Issuing Company may rescind this contract as of right, in case of non-performance of any one of the holder’s obligations (such as in case of fraud or total or partial non-payment of the monies that are due) or in case of discontinuation of the liber-t contactless toll payment service. Should the tag holder fail to perform any of its obligations under the contract, the rescission shall be effective immediately without notice. Should the liber-t contactless toll payment service be discontinued, the Issuing Company shall notify this to the tag holder by means of a letter, email or phone call, stating the effective rescission date.

Unpaid monies

In case of rescission, the Issuing Company shall invoice the monies that are due under this contract.

      m. Settlement of disputes

Any dispute arising in connection with these terms and conditions shall, where possible, first be attempted to be resolved amicably between the parties. If an amicable resolution cannot be reached, the dispute shall be submitted to the courts that have jurisdiction under UK law. These terms and conditions shall apply even in the event of a counterclaim or multiple defendants. This contract and any dispute arising from it shall be governed exclusively by the laws of England and Wales, without prejudice to any mandatory rights of the consumer under UK law.

14. Changes to this contract and to the rates due for the services

The Issuing Company shall be entitled to make any changes to these General Terms and Conditions. These changes shall be brought to the attention of the tag holder. Should the tag holder not accept these changes, he or she must rescind the contract in keeping with the terms set out in this document.  Should the tag holder fail to react in writing to the changes within a timescale of one month, he or she shall be deemed to have accepted them. All the elements of the liber-t fee scale shall be revisable, for instance upon variation of the tolls or parking fees, and any changes thereto shall not require an Amendment. Any changes to the tolls and parking fees and to the liber-t fee scale shall therefore apply as of their effective date.

      o. Data protection

The tag holder is hereby notified that the Issuing Company (Emovis Tag UK on behalf of Sanef SA) shall gather his or her personal data upon subscription to the contract and throughout the performance of the contract. This data shall be used for managing the various aspects of the contract and may also be used in marketing operations. The data gathered shall be earmarked to the Issuing Company and the operators mentioned in Appendix A of these General Terms and Conditions, as well as to their subcontractors. Moreover, the Issuing Company may disclose the data that is gathered to its partners where this is expressly authorised by the holder of the contract. The holder of the contract is hereby informed about the fact that he or she has a right to access, rectify his or her personal data, to challenge or oppose the sending of marketing material, to limit the holding and to request the portability or erasure of his or her personal data. These rights may be exercised before the Issuing Company, which shall be the data controller for all data processing performed on the data that is gathered, and whose contact details are shown in the terms and conditions of the contract. Following the rescission of the contract, the personal data that is gathered may be erased no later than pursuant to the expiry of the legal period of limitation for civil actions and of the periods during which such information may be legally retained. The tag holder agrees to the terms of the Issuing Company’s Privacy Policy.

16. Right to cancel

The tag holder may cancel its Subscription at any time within 14 days, beginning on the day after the contract is formed and the Subscription Agreement becomes effective under Clause ‘e’ (the ‘Duration of the contract - Start date), by contacting Emovis Tag UK, which will notify Sanef on the tag holders’ behalf. To cancel, the tag holder must contact Emovis Tag UK directly by email or telephone.

If the tag holder cancels within the Cancellation Period:

• there will be no charge for cancelling the Subscription Agreement, providing the tag(s) are unused.

 

• the Issuing Company will repay the tag holder all the subscription fees and any other money paid to the Issuing Company. The refund will be issued within 14 days beginning on the day after the tag holder notifies the Issuing Company of its wish to cancel. All refunds will be processed and paid on the last business day of the following month, using the same method by which the tag holder made the original payment to the Issuing Company.

 

• In the event that any toll or parking charges are incurred on the tag holder’s tag all subscription fees shall become payable.

Following cancellation, the tag holder shall within a reasonable time return the tag(s) issued (and bear the costs of doing so) in good working order to Emovis Tag UK, Hornbeam House, Hornbeam Park, Hookstone Road, Harrogate, North Yorkshire HG2 8QT. Where any tag is not sent back by the tag holder within 30 days of cancellation of the Subscription, the Issuing Company shall be entitled to use legal means to recover it and shall charge all applicable costs to the tag holder.

17. Online services

Your Account

Where the tag holder uses the Website, it is responsible for complying with the relevant Emovis Tag UK terms and conditions of use, for maintaining the confidentiality of its account and password and for preventing unauthorised access to the account. The tag holder agrees to accept responsibility for all activities that occur under its account or password. The tag holder should take all necessary steps to ensure that the password is kept confidential and secure and should inform Emovis Tag UK immediately if it has any reason to believe that the password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

Intellectual property rights

The tag holder may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Issuing Company, the liber-t System or Toll Charger Companies without express written consent. The tag holder may not use any meta tags or any other "hidden text" utilising any intellectual property of the Issuing Company, the liber-t System or the Toll Charger Companies or related trademarks without the express written consent of the Issuing Company.

The tag holder may not use or reproduce the logos or website content of the Issuing Company, the liber-t System, or the Toll Charger Companies.

18. Events beyond the Issuing Company’s reasonable control

The Issuing Company will not be held responsible for any delay or failure to comply with its obligations under these conditions if the delay or failure arises from any cause which is beyond its reasonable control. This condition does not affect the tag holders’ statutory rights.

19. Waiver

A waiver of any right under these this Subscription Agreement or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Subscription Agreement or by law shall constitute a waiver of that or any other right or remedy, nor prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

20. Applicable law and competent court

This Subscription Agreement and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, the law of the UK.

21. Liability

This clause sets out the entire financial liability of the Issuing Company (including any liability for the acts or omissions of its employees, agents, consultants and subcontractors) to the tag holder in respect of:

a) any breach of the Subscription Agreement.

(b) any use made by the tag holder of the liber-t System or any part thereof; and

(c) any representation, statement or tortious act or omission (including negligence) arising under or in connection with these terms and conditions and the Subscription Agreement.

All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these terms and conditions or the Subscription Agreement.

 

Nothing in these terms and conditions or the Subscription Agreement limits or excludes the liability of the Issuing Company:

(a) for death or personal injury resulting from negligence; or

(b) for any damage or liability incurred by the tag holder as a result of fraud or fraudulent misrepresentation by the Issuing Company.

Subject to the abovementioned in clause u.

(a) the Issuing Company shall not be liable for any: (i) loss of profits; (ii) loss of business; (iii) depletion of goodwill and/or similar losses; (iv) loss of anticipated savings; (v) loss of goods; (vi) loss of contract; (vii) loss of use; (viii) any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses arising in connection with the Subscription Agreement or the liber-t System; and

(b) the Issuing Company’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of these terms and conditions or the Subscription Agreement shall be limited to the total charges paid by the tag holder for the services in the previous 12-month period.

 

 

APPENDIX A – LIST OF TOLL CHARGER COMPANIES

ADELAC

A French Joint Stock Company

Share capital: € 6,000,000

Registered in Annecy, France under no. 448 817 676

Registered address: Centre d’entretien d’Annecy, 74370 La Ravoire à Epagny Metz-Tessy, France

 

ALBÉA

A French Joint Stock Company

 Share capital: € 15,060,520

Registered in Rouen, France under no. 537 624 652

Registered address: Centre d’exploitation A150, Hameau Le Bras d’Or, Impasse Louise de Formont, 76360 Bouville, France

 

ALICORNE

A French Joint Stock Company

Share capital: € 5,000,000

Registered in Paris, France under no. 503 655 441

Registered address: 1 impasse Jean-Yves Goavec, 61 200 Fontenai sur Orne, France

 

A’LIENOR

A French Joint Stock Company

 Share capital: € 167,446,440

Registered in Pau, France under no. 491 529 855

Registered address: 35 rue du Valentin, 64121 Serres-Castet, France

 

Autoroute de Liaison Seine-Sarthe (ALIS),

A French public limited company

Share capital: € 2,850,000

Registered in Bernay, France under no. 422 654 160

Registered address: ZAC de Maison Rouge, 27800 Bosrobert, France

 

APRR

A French public limited company

 Share capital: € 33,911,446.80

Registered in Dijon, France under no. 016 250 029

Registered address: 36, rue du Docteur Schmitt, 21850 Saint-Apollinaire, France

 

ARCOUR

A French public limited company

Share capital: € 125,000,000

Registered in Nanterre, France under no. 410 074 454

Registered address: 1973 boulevard de la Défense, 92000 Nanterre, France

 

AREA

A French public limited company

Share capital: € 82,899,809

Registered in Paris, France under no. 702 027 871

Registered address: 22 D avenue Lionel Terray, 69330 Jonage, France

 

Société des Autoroutes du Sud de la France (ASF)

A French public limited company

Share capital: € 29,343,640.56

Registered in Nanterre, France under no. 572 139 996

Registered address: 1973 boulevard de la Défense, 92000 Nanterre, France

 

ATLANDES

A French public limited company

Share capital: € 121,509.01

Registered in Bordeaux, France under no. 528 694 052

Registered address: 15 avenue Leonard de Vinci, 33600 Pessac, France

 

Les Autoroutes et Tunnel sous le Mont-Blanc (ATMB)

A French public limited company

Share capital: € 22,297,072

Registered in Paris, France under no. 582 056 511

Registered address: 1440 route de Cluses, 74138 Bonneville, France

 

Chambre de Commerce et d’Industrie Territoriale Seine Estuaire (CCISE)

A public or federative body empowered to collect membership fees from local businesses (French: organisme consulaire) founded on 24 December 1802 (4 nivôse an XI)

Registered under number 187 600 044,

Based at 181 quai Frissard, 76600 Le Havre, France

 

Compagnie Eiffage du Viaduc de Millau (CEVM)

A French public limited company

Share capital: € 40,000,000

Registered in Millau, France under no. 562 105 460

Registered address: Péage de Saint-Germain, BP 60457, 12 104 Millau Cedex, France

 

COFIROUTE

A French public limited company

Share capital: € 158,282,124

Registered in Nanterre, France under no. 552 115 891

Registered address: 1973 boulevard de la Défense, 92000 Nanterre, France

 

Société des Autoroutes Estérel, Côte d’Azur, Provence, Alpes (ESCOTA)

A French public limited company

Share capital: € 131,544,945.85

Registered in Cannes, France under no. 562 041 525

Registered address: 432, avenue de Cannes, 06210 Mandelieu-la Napoule, France

 

SANEF

A French public limited company

Share capital: € 53,090,461.67

Registered in Nanterre, France under no. 632 050 019

Registered address: 30 Boulevard Gallieni, 92130 Issy-Les-Moulineaux, France

 

Société des Autoroutes Paris - Normandie (SAPN)

A French public limited company

Share capital: € 14,000,000

Registered in Nanterre, France under no. 632 054 029

Registered address: 30 Boulevard Gallieni, 92130 Issy-Les-Moulineaux, France

 

Société Française du Tunnel Routier du Fréjus (SFTRF)

A French part-privately and part-publicly owned public limited company

Share capital: € 5,938,606

Registered in Lyon, France under no. 962 504 049

Registered address: Plateforme Française du Tunnel du Fréjus, 73500 Modane, France

 

ARCOS

A French Joint Stock Company

Share capital: € 130,000,000

Registered in Strasbourg under no. 753 277 995

Registered address: Centre d’Exploitation Autoroutier d’Arckeland, 67117 Ittlenheim, France

 

ALIAE

A French Joint Stock Company

Share capital: € 119,017,000

Registered in Cusset, France under no. 844 440 370

Registered address: Lieu-dit le Ternat, 03290 Diou, France

 

ATOSCA

A French Joint Stock Company

Share capital: € 10,000

Registered in Castres, France under no. 904 636 511

Registered address: 2505 route de Revel, 81700 Puylaurens, France

A copy of the current prevailing Network toll charges is available by following from the following url: http://www.autoroutes.fr/en/key-rates.h

APPENDIX B – LIST OF FEES

 

Subscription Fees

• a non-refundable application fee of 10€ + TVA
• the annual management fee of 10€ + TVA payable in advance
• a refundable security deposit of 20€ (no TVA payable) for each tag issued by the Issuing Company

together, the "Subscription Fees".

 

Monthly Active Service Fee

7€ + TVA for each calendar month in which the tag holder uses the liber-t System up to a maximum fee of 14€ + TVA per tag, per subscription year ("Monthly Active Service Fee").

 

Additional Tags

May be provided to the tag holder subject to i) payment of an additional 20€ refundable security deposit per Tag; ii) payment of additional Monthly Active Service Fees of 7€ + TVA per Tag for the calendar months during which the liber-t System is used up to a maximum service fee of 14€ + TVA per tag subscription year, per Tag and iii) payment of postage and packing fees of 5€ + TVA per Tag.

 

Foreign Exchange Finance Charge

The tag holder must pay a 2%+TVA "Foreign Exchange Finance Charge" on the total invoice. The Issuing Company uses the commercial exchange rate based on the exchange rate that we get when we buy Euros through the commercial banking system which will vary on a month-by-month basis.

 

Charges in case of non-payment, the Issuing Company will be entitled to charge the following additional fees:

• Standard Fee for late payment 8€ + TVA
• Charge per day for late return of tag 2€ + TVA
• Late payment penalty 18% of the total amount due + TVA
• All 3rd Party Debt Collection Agency administration fees + TVA

 

Sanef SA terms and conditions v 29/10/2025