Adesão ao Serviço Via Verde Traveller (English Version)

SPECIFIC CONDITIONS APPLICABLE TO THE VIA VERDE TRAVELLER SERVICE

1. Definitions and Interpretation
   1. Without prejudice to what is stated in the following paragraph, and unless the context otherwise clearly requires, terms used in capital letters in these Traveller Specific Conditions and defined in number 1.1. of the General Conditions shall have the same meaning ascribed to them therein.
   2. In these Traveller Specific Conditions, whenever used in capital letter, and unless the context otherwise clearly requires, the terms indicated below shall have the meaning ascribed to them as follows:
      • Card: the card which the Contract is associated to, which, unless otherwise prior determined by Via Verde Portugal, shall be a card validated in the Multibanco (ATM) system for the purpose of adherence to the Via Verde Service, under the terms and conditions laid down in the Specific Conditions – Automatic Payment Modality;
      • Specific Conditions – Automatic Payment Modality: the specific conditions for adherence to (and use of) the Via Verde Service, in the automatic payment modality, annexed to the General Conditions and which are an integral part of the Contract for all legal and contractual purposes;
      • Traveller Specific Conditions: the present specific conditions for adherence to (and use of) the Via Verde Traveller Service and which are an integral part of the Contract for all legal and contractual purposes, including any changes and/ or amendments that may be agreed from time-to-time;
      • General Conditions: the general conditions for adherence to (and use of) the Via Verde Service, including any changes and/ or amendments thereof, of which the present Traveller Specific Conditions are an integral part for all legal and contractual purposes;
      • Tag/s: the special electronic device/s issued by Via Verde Portugal and held by the Client and that has/have the legally stipulated communication technology, in the MDR format (Medium Data Rate), which, once activated and placed in the respective vehicle/s, allows together with other equipment, the use of the Tolling Service and, when applicable, of the Complementary Services; Application Form for adherence to the Via Verde Traveller Service: the form which must be filled in and signed by the Client, under the applicable contractual terms, as a precondition of adherence to the Via Verde Traveller Service and which, once filled in, signed and accepted by Via Verde Portugal, shall be an integral part of the Contract for all legal and contractual purposes;
      • Via Verde Traveller Service: the electronic tolling service made available in the Network which, through the use of the Tags, allows the electronic charging of toll tariffs;
      • Network: the network of international roadway infrastructures subject to the payment of toll tariffs, duly equipped and identified and/ or signalled with distinguishing elements of electronic tolling applicable in said infrastructures, in which the Via Verde Traveller Service is available at any given time.
   3. The headings of the Clauses in these Traveller Specific Conditions are included for convenience purposes only and shall not be used as support for interpretation or integration thereof.
   4. Words defined above in the singular can be used in the plural and vice-versa, with the corresponding change in the respective meaning.
   5. Adherence to (and use of) the Via Verde Traveller Service, i shall be governed by the General Conditions and the Specific Conditions – Automatic Payment Modality, unless otherwise expressly stated herein.
2. Purpose
   1. These Traveller Specific Conditions lay down:
      • (a) The rules applicable to adherence to the Via Verde Traveller Service and also to the payment method applicable to the charging of any amounts due as a result of adherence and/or use thereof, under the terms and as laid down in Clause 5.5. of the General Conditions;
      • (b) The additional circumstances according to which Via Verde Portugal may terminate the Contract under the terms and as laid down in paragraph (d) of number 9.2 of the General Conditions; and
      • (c) Further specific terms and conditions that shall apply in case the Client wishes to adhere to the Via Verde Traveller Service.
3. Adherence to and Activation of the Via Verde Traveller Service and Payment Method
   1. Adherence to the Via Verde Traveller Service, as a Complementary Service, can only be achieved with the prior and/or simultaneous adherence to the General Conditions and Specific Conditions – Automatic Payment Modality, with the consequent acceptance of the present Traveller Specific Conditions.
   2. Adherence to the Via Verde Traveller Service shall only be considered valid, for all legal and contractual purposes, once Via Verde Portugal has received the original Application Form for adherence to the Via Verde Traveller Service duly filled in and signed which, where applicable, must be accompanied by the documents that Via Verde Portugal, acting reasonably, deems necessary for the purpose of confirming data and the signature used by the Client as to the quality and powers of representation of the signatories (applicable only to applicants that are legal persons).
   3. The availability of the Via Verde Traveller Service shall only be granted once the Client has activated the Tag/s, according to the rules laid down in the applicable General Conditions and Specific Conditions – Automatic Payment Modality.
   4. The Via Verde Traveller Service shall only be made available and ready to be used by the Client once all conditions laid down in this Clause, in the applicable General Conditions and in the Specific Conditions – Automatic Payment Modality have been duly fulfilled and complied with.
   5. Once adherence to the Via Verde Traveller Service has been achieved, under the terms and conditions laid down herein above, the Client hereby acknowledges and expressly grants its consent to the charging of amounts in the bank account from time-to-time associated with the Card with respect to:
      • (a) The amounts resulting from the use of the Via Verde Traveller Service through use of the Tag/s in the Network;
      • (b) The amounts due to Via Verde Portugal under the terms of these Traveller Specific Conditions including, namely, any amounts appearing in the Via Verde Price List and connected to use of the Via Verde Traveller Service.
   6. For the purposes laid down in the previous number:
      • (a) The Client hereby acknowledges and agrees that payments may be made immediately after the detection and/or reading of the Tag/s by the road equipment installed in the Network for the that purpose or, alternatively, at a later date, through direct debit in the relevant bank account;
      • (b) The Client shall ensure that there is a sufficient balance in the bank account associated with the Card in order to pay the amounts due under these Traveller Specific Conditions.
4. Termination of the Contract

   In addition to the cases identified in paragraphs (a) to (c) of number 9.2. of the General Conditions, as well as in Clause 4 of the Specific Conditions – Automatic Payment Modality, the Contract may also be terminated by Via Verde Portugal, on reasonable grounds and with immediate effects if any amounts cannot be debited in the relevant bank account as provided for in number 3.5 above, due to insufficient balance and namely as a result of non-compliance with the obligation laid down in paragraph (b) of number 3.6 of these Traveller Specific Conditions

5. Duration
   1. These Traveller Specific Conditions shall be effective on the date of its signature by the Client as provided for in number 3.2 above and shall be valid for the period during which the Via Verde Traveller Service is available, and Via Verde Portugal shall inform the Client with an 8 (eight) days prior notice if the Via Verde Traveller Service is to be terminated.
   2. Notwithstanding the above, termination of the Via Verde Traveller Service shall not affect the continuation of the applicable General Conditions and Specific Conditions – Automatic Payment Modality, save as otherwise unequivocally determined by the parties
6. Miscellaneous Provisions

   In case of termination of the Contract, irrespective of the reasons for such termination, these Traveller Specific Conditions shall be automatically terminated, without any further notice by Via Verde Portugal