Terms & Conditions

These terms and conditions, together with the Account Application Form set out the agreement (‘the Agreement’) between you (‘you’ or ‘the Customer’) and Transport Infrastructure Ireland (for these purposes, ‘eFlow’) in relation to the opening and operation of an account with eFlow and, if applicable, the related supply and use of an electronic tag (hereafter referred to as the ‘Tag’) on the M50 Toll Road and other Toll Roads in the Republic of Ireland.
eFlow may alter, amend, or otherwise change the terms and conditions of the Agreement at any time by providing written notice to you, either by post or email of such terms and conditions.
Alterations, amendments or other changes will also be posted online at www.eflow.ie
You are responsible for maintaining up-to-date customer information in accordance with clause 4.4 below, including your address, contact information, vehicle information and registration details, and payment information. You should make updates when your information changes, for example, upon sale of a previously registered vehicle or when you change address. You should make changes to the customer information online by logging into your online account on www.eflow.ie

B.1
In order to open an Account, you shall have completed an Account Application Form online or shall have provided all necessary details to the Customer Service Centre to allow it to complete an Account Application Form or shall have submitted an Account Application Form by post. The information to be included in the Account Application Form shall include:

• name, address, contact details and details of the vehicle/s that you wish to register as Registered Vehicle/s (such as vehicle class, model, colour and registration details);
• whether the Vehicle/s registered are assigned to the M50 Video tolling or Tag tolling option;
• the proposed Payment Method;
• whether the Account is to be a personal, business or visitor account;
• the type and manner of delivery of Account Statements; and
• whether the Account is to be a Pre pay Account or a Post pay Account.

B.2
Before this Agreement takes effect and an Account is opened by eFlow:

1.1
In this Agreement the following words and expressions shall have the following meanings unless the context otherwise requires:
“Account” means your Personal, Business or Visitor Account with eFlow.
“Account Application Form” means the application form to be completed by you or the Service Centre Agent in the case of a Customer who makes an application through the Customer Service Centre, in order to open an Account.
“Account Balance” means, at any time, the amount recorded by which an Account may be in credit or in debit, as the case may be.
“Account Fee” means, at any time, the amount payable by a Customer in connection with the provision of the Account and related services at such time for each Charge Period or part of a Charge Period in accordance with this Agreement (currently €1.00 plus VAT per Tag issued to you), as may be adjusted from time to time by eFlow, after giving prior notice of such adjustment to you.
“Account Start-up Balance” means, in relation to a Pre pay Account, the minimum balance required to open an Account, which is based on the class of the vehicle(s) selected.
“Account Statement” means a statement of account issued to a Customer from time to time, setting out the transactions recorded during the stated period (including, any Tolls, Payments or Fees incurred by the Customer during period).
“Additional Account Statement Charge” means one euro plus VAT (€1.00 plus VAT) or such other amount as may be specified by eFlow as payable in connection with the issue of Account Statements other than those Account Statements that are issued free of charge in accordance with this Agreement.
“Agreement” means these terms and conditions, together with the Account Application Form, as may be amended and supplemented from time to time.
“Charge Period” means, in the case of the first period, the period commencing on (and including) the day the Account is created and ending on the expiry of the calendar month and in respect of each subsequent Charge Period, a period of one (1) month commencing on the expiry of the previous Charge Period.
“Customer” means you, the person who is opening an Account with eFlow.
“Customer Service Centre” means the dedicated eFlow contact centre established to manage, resolve and respond to Customer queries.
“ETC” means electronic toll collection.
“Fees” means, to the extent applicable in each case, the Account Fee, the Late Payment Charges and the Additional Account Statement Charge.
“Interoperability” means that a Customer, with a Tag installed in line with the tag installation guidelines provided by their tag issuer (as approved by eFlow), will be able to affect the discharge of a Toll by means of ETC on any Toll Road other than the M50 Toll Road, which is part of the national interoperability scheme and “interoperable” shall be interpreted accordingly.
“Late Payment Charges” means such amount as eFlow may specify from time to time as the additional amount payable by you if eFlow fails to receive a payment as required under the Agreement.
“M50 Toll Road” means that part of the N50 national road (otherwise known as the M50) that is a Toll Road.
“Minimum Balance” means the minimum balance which is required to be maintained in a Pre pay Account, being twelve euro (€12.00) or such other amount as eFlow may specify from time to time;
“Minimum Pre pay Amount” means the minimum amount to be credited to the Pre pay Account each time the Minimum Balance is reached, being thirty euro (€30.00) or such other amount as eFlow may specify from time to time.
“Misuse” means the Customer’s failure to act in accordance with the provisions of the Agreement, the Toll Bye-Laws and the Roads Acts 1993 – 2015, including such other acts or omissions that eFlow may specify and notify to Customers from time to time.
“Monthly Account Statement” means the Account Statement issued to you setting out your transaction history on a monthly basis for the Charge Period and any charges incurred by you during that period.
“Payment Account” means your account maintained with a credit institution or an account related to a credit card or debit card (in each case, being an account in respect of which instructions may be given authorising debits being made from it) or such other account as may be approved by eFlow, and which you have authorised or are authorising eFlow to effect debits from such account in accordance with the Agreement.
“Payment Date” means, in relation to any Charge Period, the business day next following the expiry of such Charge Period.
“Payment Method” means a method of payment which is acceptable to eFlow, being credit card, debit card or by direct debit (SEPA Single Euro Payments Area only) from the Customer’s payment account, digital wallet or such other payment method as eFlow may from time to time approve.
“Post pay Account” means the type of account maintained by you with eFlow whereby an amount equal to the amount due in respect of Tolls and such other amounts as may be due in accordance with this Agreement incurred during a Charge Period (the “outstanding amount”) and recorded in such account are discharged by the debiting from time to time of the then outstanding amount from your Payment Account.
” Pre pay Account” means the type of account maintained by you with eFlow whereby amounts are paid in advance to be credited to such account, with amounts due in respect of Tolls and such other amounts as may be due in accordance with this Agreement being subsequently deducted, and with the facility for the debiting from time to time of further amounts from your Payment Account (or otherwise paid in such manner as may be approved by eFlow) and credited to this account.
“Quarterly Account Statement” means the Account Statement issued to you on a three (3) monthly basis setting out your transaction history (including, any charges incurred) during the stated period.
“Registered Vehicles” means the vehicle or vehicles registered by you in connection with the Agreement.
“Rejected Payment” means any payment in respect of which eFlow has not been credited with the amount of such payment.
“Service Centre Agent” means an employee of the Customer Service Centre who is authorised to deal with Customer queries.
“Site” has the meaning given to in clause 22.
“Tag” means the electronic device supplied by eFlow or other tag issuer to you for installation in the Registered Vehicles, in line with the tag installation guide provided by eFlow or other tag issuer, to facilitate the electronic collection of Tolls under the terms of this Agreement in respect of the use of the M50 Toll Road or other interoperable Toll Roads by the Registered Vehicles.
“Tag Tolling” means the tolling option in respect of which a Tag has been issued for installation in the Registered Vehicles, which is calculated by reference to the vehicle class contemplated by the relevant legislation and applicable Toll Bye-Laws.
“Toll” means any Toll (including, default Toll) payable by the Customer for the use of a Toll Road which is calculated by reference to the vehicle class contemplated by the relevant legislation and applicable Toll Bye-Laws.
“Toll Bye-Laws” means, at any time, the bye-laws applicable to the M50 Toll Road made pursuant to the Roads Acts 1993 – 2015.
“Toll Collection System” means the system designed and maintained in order to facilitate the collection of Tolls electronically on behalf of eFlow.
“Toll Road” means any road (or section of road) in respect of the use of which a Toll is payable in accordance with the Roads Acts 1993-2015.
“Unregistered Vehicles” means any vehicle that is not registered with eFlow or an operator of an interoperable Toll Road (other than the M50 Toll Road); and
“Video Tolling” means the M50 Video tolling option associated to your vehicle. Video tolling is only available on the M50 and is charged at the video rate which is calculated by reference to the vehicle class contemplated by the relevant legislation and applicable Toll Bye-Laws.

1.2
In this Agreement:

eFlow offers two different methods of recording the passage of the Registered Vehicles on the M50 Toll Road, namely: Tag Tolling; Video Tolling; All vehicles that use the M50 Toll Road are photographed/ video recorded. These photographs/ images are retained for the purpose of enforcement and to address and resolve any disputes that may arise in relation to a vehicle or an account.
For further information on how we collect and process your personal data, please see the eFlow Privacy Statement and eFlow Data Protection Notice in our ‘Downloads’ section [here]

6.1
From the 1st July 2018, electric vehicle owners qualify for refunds on Irish Toll Roads The Electric Vehicle Tag Account Scheme (the “Scheme”) is open to the registered owners of an electric vehicle or a plug-in hybrid (i.e. an “Eligible Vehicle”) which are registered on the Department of Transport’s National Vehicle Database File (NVDF).
6.2
The registered owner of an Eligible Vehicle may be required to submit evidence of the vehicle’s eligibility when seeking to apply for the scheme.
6.3
Under the Scheme account holders will receive refunds in accordance with the published Scheme rules
6.4
The Scheme Rules set out the overall limitations contemplated by the Scheme, including the fact that the Scheme is subject to review by the Minister for Transport Tourism and Sports who may vary certain aspects of the Scheme from time to time, including in relation to the Annual Maximum Eligible ETC Limit.
6.5
Customers should note that the Scheme Rules specify that an Annual Maximum Eligible ETC Limit is to be applied per Eligible Vehicle regardless of which Tag Service Provider you have an account with.
6.6
Refunds will be credited to the Account associated with the electric vehicle Tag where there is a valid tag transaction made by the Eligible Vehicle. The Scheme is only available to vehicles that have a Tag.
6.7
Refunds will be credited to the Account associated with the Eligible Vehicle Tag one month in arrears.
6.8
We will process your transactional data, including your personal data, for the purposes of: (i) crediting any refunds to your account; (ii) invoicing Transport Infrastructure Ireland with respect to the cost and payment of the refunds; (iii) reporting on the Scheme to TII and DTTAS; and (iv) monitoring compliance with the Scheme Rules. For further information in relation to the processing of your personal data, please refer to our Privacy Policy.
6.9
The Scheme will be in place until 31st December 2022 and the level of refunds may vary on foot of Ministerial direction and in accordance with affordability limits of the overall Scheme for the Exchequer.

7.1
You shall pay to eFlow all amounts that are due to it in accordance with this Agreement, including without limitation, all amounts due:

The charges for which you shall be liable shall (without prejudice to the generality of the foregoing) include such charges as eFlow may notify from time to time in connection with Misuse or the misuse of a Toll Road.
7.2
Where a Rejected Payment occurs, the Customer shall ensure that eFlow receives the outstanding amount (together with any charges arising from the Rejected Payment) as soon as possible but in any event within fourteen (14) days of the Rejected Payment.
7.3
You accept responsibility to notify eFlow of any changes with respect to your payment details (including, without limitation, your payment account) as set out in the Account Application Form.
7.4
While eFlow makes every effort to ensure charges are accurately recorded, you accept that miscalculations in Account balances may occur. In such cases eFlow maintains the right to adjust without notice, where evidence can be provided that the adjustment is appropriate. Such adjustments will be presented in detail or summary on the applicable Account Statement.
7.5
You are not entitled to interest on any sums received by eFlow pursuant to the terms of this Agreement.
7.6
If you:

you shall within twenty-four (24) hours notify eFlow of such cancellation, alteration or intention and shall discharge forthwith all amounts due to eFlow.
7.7
Direct Debit Payments available in line with SEPA (Single Euro Payments Area) SEPA is an EU initiative designed to change the way electronic payments are processed in the EU. This means
that making a payment in any SEPA zone country will be no different to making a payment in Ireland.

When you have chosen a Pre pay Account:

and the Account shall reflect such payments when received by eFlow.

Where you have chosen a Visitor Account:

11.1
You shall be responsible for paying the applicable Fees on a monthly basis. Such Fees will be debited to your Account for each Charge Period.
11.2
The Account Fee payable for each Tag issued in connection with a vehicle assigned to Tag Tolling is €1.00 plus VAT for every month or part there of where the Customer has a valid Tag assigned to a registered vehicle. Such amount may be varied with prior notification to the Customer.
11.3
Fees do not apply to vehicles that have chosen Video Tolling on a vehicle.
11.4
There is no fee payable in connection with the issue of the Monthly Account Statement where such Account Statement is notified by email and made available online. There is no fee payable in connection with the issue of the Quarterly Account Statement where such Quarterly Account Statement is issued by post. Where you require a Monthly Account Statement to be issued by post, an Additional Account Statement Charge will apply in respect of each such Monthly Account.
11.5
Where you request an additional Account Statement, you shall pay to eFlow an Additional Account Statement Charge in respect of each such additional Account Statement, whether issued by email or post.

12.1
eFlow must be notified of any disputes of charges appearing on your Account within ninety (90) days of the charge being posted. All disputes are subject to review and approval by eFlow and may require additional documentation or evidence from you. For the purpose of resolving disputes, eFlow retains photographic images of all transactions on the M50 Toll Road for a limited time period.
12.2
In the case where eFlow has incorrectly posted a charge to your Account and / or charged you incorrectly, eFlow will refund the amount incorrectly charged to your Account.

13.1
eFlow shall provide, in accordance with the Account Application Form, without charge:

13.2
You may request additional Account Statements to be issued to you by email or by post and, on so providing such additional Account Statement, eFlow shall be entitled to receive an Additional Account Statement Charge in respect of such additional Account Statement.
13.3
Any Account Statement shall identify the relevant Toll Roads, applicable Tolls and other charges payable and all payments received or rejected within the period stated.
13.4
Where you have elected to receive Quarterly Account Statements by post, eFlow shall be entitled, in respect of any particular three-month period, to issue Monthly Account Statements to you by post in lieu of such Quarterly Account Statements.

14.1
Once you have provisionally registered for Tag Tolling (i.e., subject to acceptance of this Agreement in accordance with clause 2), eFlow shall provide you with the Tag (or Tags) and you shall:

Without prejudice to the generality of the foregoing, you shall not attempt to use the Tag by holding it in your hand or leaving it on the dashboard or in another non-mounted position in the Registered Vehicle or any other vehicle and any such conduct constitutes Misuse for the purposes of this Agreement.
14.2
If you do not properly install the Tag(s) in the Registered Vehicle(s), you may be charged at the Toll rate for Unregistered Vehicles in respect of the M50 Toll Road. You will be liable for any unpaid Tolls and applicable penalties in accordance with applicable law as a result of failing to mount the Tag correctly.
14.3
The Tag shall remain the property of eFlow at all times and you shall not do anything or permit anything to be done which may constitute a Misuse of the Tag.

15.1
In the event that a Tag is damaged, lost or stolen, it is your responsibility to notify eFlow through the website, webchat or by telephone by calling the Customer Service Centre. You shall continue to be liable for any use made of the Tag until eFlow has been notified of the Tag being damaged, lost or stolen and the Tag has been cancelled by eFlow.
15.2
For purposes of this Agreement, damage is defined as the rendering of the Tag defective or inoperable due to tampering, abuse, improper use, battery leaks, defacement, or accidental destruction.
15.3
Following notification to eFlow in accordance with clause 15.1 above, eFlow shall cancel or otherwise disable the Tag and no further use may be made of the Tag.
15.4
Where you lose or damage a Tag, you shall not be entitled to a replacement Tag free of charge but may re-apply for a new Tag at the cost of €20.00 plus VAT or such other cost as applicable at that time.

16.1
You agree to return the Tag to eFlow:

16.2
Where you fail to return a Tag in accordance with this Agreement, within fourteen (14) days of being obliged to do so, eFlow may impose a charge of €20.00 plus VAT or such other cost as applicable at that time, on you, such charge to be debited from your Account.

17.1
You may cancel this Agreement within fourteen (14) days of the Agreement in accordance with clause 2 and subject to clause 2.
Where the right of cancellation applies and is exercised by you in respect of a Tag Account, you will immediately return the Tag to eFlow within fourteen (14) days of receipt whereupon eFlow will reimburse you any Account Fee or any Account Start-up Balance paid by you.
17.2
Where the Tag has been used within the fourteen (14) day period, you shall not be entitled to exercise the right to cancel the Agreement.

18.1
This Agreement may be terminated by eFlow with immediate effect:

18.2
Without prejudice to your right to cancel this Agreement in accordance with section 17 above, this Agreement may be terminated by either party by giving fourteen (14) days’ notice to the other party provided that, upon giving such notice:

19.1
Following termination, you will remain responsible for the payment of any amounts owing by you under this Agreement and such outstanding amounts will be debited from your Account. If required, instructions may be given by eFlow to debit your payment account with any balance outstanding to eFlow on or after termination.
Any remaining credit balance shall be refunded to you by agreement to your chosen payment method when all outstanding toll payments or balances have been paid.
19.2
If there are insufficient funds in your Account, you remain liable for all such amounts. If such unpaid charges are not promptly paid to eFlow, you may become liable for additional service charges, fines, or penalties as set out in the Toll Bye-laws, Late Payment Charges or as may be notified to you from time to time.

20.1
The terms and conditions of this Agreement may be changed by eFlow at any time and any such changes will be notified to you prior to coming into effect. You will be deemed to have accepted any such changes within fourteen (14) days of the notification or when you have a toll transaction on the M50 after the date of notification, whichever is the earlier.
20.2
If you do not accept the terms and conditions of this Agreement, or any future alterations, amendments or other changes to the terms and conditions of this Agreement by eFlow, you shall notify the eFlow Customer Service Centre within fourteen (14) days of issue of those details by eFlow and this Agreement shall be terminated and any Tags should be returned in accordance with clause 16 above.

21.1
For information on the processing of your personal data, please see the eFlow Privacy Statement and eFlow Data Protection Notice in our ‘Downloads’ section here

You represent and warrant to eFlow:

24.1
eFlow may assign, transfer or otherwise dispose of its rights, obligations and interest in or under this Agreement to any person at any time.
24.2
You may not assign, transfer or otherwise dispose of its rights, obligations and interest in or under the Agreement.

26.1
To the maximum extent permitted by law, any and all liabilities of eFlow (whether under contract, tort (including negligence) or otherwise) arising out of or in connection with a Tag (including without limitation, the Tag failing to function, being deactivated or the Misuse of the Tag) are hereby excluded.
26.2
Neither eFlow nor its agents will have any obligation or liability with respect to your use or the performance of the Tag. Your sole and exclusive remedy from eFlow and its agents will be the replacement of any defective Tag(s).
26.3
Without prejudice to the foregoing, eFlow shall not be liable to you for any loss of profits, goodwill, business opportunity or any type of special or consequential loss incurred by you, whether directly or indirectly.

27.1
The terms and conditions set out herein constitute all the terms and conditions of the Agreement. You acknowledge that you have not relied upon any representation save for any set out in these terms and conditions.
27.2
The interpretation of this Agreement shall be governed by Irish law and the Irish courts have jurisdiction to resolve any dispute in relation to the Agreement.
27.3
There shall be no waiver of any terms or conditions unless such waiver is evidenced in writing and signed by the waiving party. No omission or delay on the part of either party in exercising any right, power or privilege hereunder shall operate as a waiver, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof of any other right, power or privilege.
27.4
The rights and remedies herein are cumulative with and not exclusive of any rights or remedies provided by law. Except as expressly stated in this Agreement, any and all representations, warranties and undertakings, express or implied, are hereby excluded.

29.1
Where either you or eFlow is required to notify the other pursuant to this Agreement, or otherwise wishes to communicate with the other, such notice or communication may be served:
a. in your case to eFlow,

29.3
If notification is made orally by telephone or in person, it will only be effective if confirmed by written notice served in accordance with this clause 29 within seven (7) days of such notification by telephone or in person.