Terms & Conditions

1.  Interpretation

In the Agreement the following words and expressions shall have the following meanings unless the context otherwise requires:

2.  Provision and use of Tag

DirectRoute shall provide the User with the Tag and tag holder and the User shall:

2.1   install and use the Tag in the vehicle in accordance with the User Guide;
2.2   only use the Tag for the vehicle(s) listed in the Account Application Form and in respect of which the Tag was issued and only in accordance with this Agreement;
2.3   not transfer, sell, dispose of, damage or tamper with the Tag or use the Tag fraudulently or illegally;
2.4   exercise all possible care to ensure that the Tag is not lost, stolen, Misused or damaged; and
2.5   give DirectRoute all information in his/her possession regarding any loss, theft or Misuse of the Tag and will take all steps DirectRoute deems necessary to assist the recovery of the Tag.

3.  Notification of Fault, Loss, Theft or Misuse

3.1   If the Tag is faulty, lost, stolen or is otherwise in any way liable to Misuse the User must immediately notify DirectRoute by telephone on 061 582800 or by fax on 061 583851 (lines open during office hours) (or such other numbers as notified from time to time) to be confirmed in writing in accordance with Clause 10.3. Until DirectRoute receives such confirmed notification, the User will remain liable for any use of the Tag. After DirectRoute receives such confirmed notification, the User’s liability for any subsequent Misuse of the Tag will cease.
3.2   Once the Tag is notified as being faulty, lost, stolen or liable to Misuse, the User shall make no further use of the Tag. If the Tag is retrieved, the provisions of Clause 8.1 shall apply. The Gardai should be informed of Lost and Stolen tags.

4.  Collection of Tolls and Charges

5.  Tags Ordered by Internet or Telephone

In the case of a User who is a Consumer and who obtains a Tag over the Internet or by telephone, the Tag will be provided by post or such other means as agreed between DirectRoute and the User. Such individual may be entitled to exercise a statutory right of cancellation of his/her order. However, this right of cancellation will not apply if such User uses the Tag within 7 working days of receipt of the Tag. If the right of cancellation does apply, such User may exercise this right within 7 working days of receipt of the Tag and must return the unused Tag within 28 days in its original packaging and at the cost of the User to DirectRoute, Coonagh Mainline Toll Plaza, Coonagh, Limerick,. No cancellation requests by Users who are not Consumers or who have obtained a Tag other than over the Internet or by telephone will be entertained by DirectRoute in respect of such Tag except pursuant to Clause 7.3 below.

6.  Suspension

When the balance on an Account reaches the Low Balance Level, DirectRoute will, using the payment details provided by the User (and the User hereby consents to such use by DirectRoute), automatically charge a further payment from the User to bring the Account back to a level of at least the User’s Top-Up Amount as chosen by the User in his/her Account Application Form. In the event of a payment failure, DirectRoute will immediately suspend the Account and use of the Tag until successful payment of the Top-Up Amount is received. If payment is not received by DirectRoute, the terms of Clause 7.1(b) and Clause 8 shall apply. DirectRoute may provide notice that a Low Balance Level has been reached and such notice may include an amber light displayed at a Toll Facility.

7.  Termination

7.1   The Agreement or the right to use individual Tags may be terminated at any time by notice from:-
(a)  DirectRoute to the User, if:-
i) having provided DirectRoute with a completed Mandate, the User has cancelled or, otherwise than permitted by Clause 4.6, altered his/her Mandate for whatever reason; or
ii) having confirmed that he/she would make payments by any of the Other Methods, a DirectRoute request for funds is not accepted, the User’s cheque is returned unpaid or the User notifies or it becomes apparent to DirectRoute that he/she does not intend to continue making payments by any of the Other Methods;
(b) DirectRoute to the User, if 14 days or more (or such other reasonable term as DirectRoute may determine from time to time) have elapsed from the suspension of an Account pursuant to Clause 6 and the User has failed to ensure that the Account holds at least the Low Balance Level;
(c) Either party to the other of at least 7 days;
(d) DirectRoute to the User, if the User has, in the opinion of DirectRoute, failed to use the Tags allocated or made fraudulent or any other unauthorised or illegal use of the Tag or other use not in accordance with the Agreement;
(e) DirectRoute to the User, if the User goes bankrupt or is otherwise unable to pay his/her debts as they fall due or, as appropriate, an encumbrancer lawfully takes possession (and does not relinquish possession within 30 days) or an examiner or receiver or liquidator is validly appointed in respect of the User or assets of the User or an examinership order is made in respect of the User or an order or an effective resolution is passed for the winding-up of the User;
(f) DirectRoute to the User, if the User is in breach of any of the terms of the Agreement if such breach is incapable of remedy or, if capable of remedy (but without predjudice to Clause 7.1(b)), such default continues unremedied for 30 days after notice thereof has been given by DirectRoute to the User;
(g) anything analogous to any of the foregoing occurs to the User in any jurisdiction; or
(h) the User ceases or threatens to cease carrying on business.
7.2   The Agreement will automatically terminate if agreements or arrangements entered into by DirectRoute to operate a Toll Facility come to an end and are not renewed. In any event DirectRoute shall notify the User before or upon the happening of the relevant event.
7.3   Upon receipt of notice of termination:
(a) the User will immediately return the Tag; and
(b) within 56 days of termination, DirectRoute shall prepare and submit a statement showing the total amount received from the User, the total amount of Tolls (less any Discount), charges or other sums deducted by DirectRoute and such other information as appears to DirectRoute to be appropriate to indicate the uses that have been made on the Users Account since the last Statement was issued to the User; and
(c) if the said Statement indicates that DirectRoute holds funds to the credit of the User, DirectRoute shall soon thereafter send a cheque made payable to the User for the sum equivalent to the funds so held.
7.4   Any termination of the Agreement pursuant to this clause shall be without prejudice to any other rights or remedies accrued to the parties.

8.  Return or Replacement of Tag

9.  Compliance

The User shall comply with any instruction for use of the Tag issued by DirectRoute from time to time and with all applicable laws including, without prejudice to the generality of the foregoing, any bye-laws or regulations created there under. Tags are issued to an account holder for use on a particular vehicle of a class and registered number. Use of a tag on a vehicle for which it was not issued is not allowed without notifying DirectRoute of change of vehicle/class and any necessary change to toll rate. Such wrongful use of a tag is a breach of the Agreement and will be subject to a minimum penalty consisting of the difference in toll rate of class of vehicle used to class of vehicle to which tag issued (in the event that the cost is greater) plus an administration fee of €20 or such fee as is set from time to time.

10.  Communication

10.1   Where either party is required to notify the other according to the Agreement or otherwise wishes to communicate with the other party such notice or communication may be served, in the case of notice or communication (including any complaint or enquiry) to DirectRoute by posting by recorded delivery post or delivering the same or sending the same by facsimile transmission to DirectRoute, Coonagh Mainline Toll Plaza, Coonagh, Limerick or, in the case of notice or communication to the User by post or delivering the same or sending the same by facsimile transmission or email (where an email address has been provided by the User) to the address last notified to DirectRoute or by posting such communication or notice on the DirectRoute website (www.limericktunnel.com).
10.2   Any notice or other communication so served shall be deemed duly served forty-eight hours after posting or upon delivery or at the time of transmission or sending depending upon whether it is sent by post, delivered, sent by facsimile or by email respectively.
10.3   If notification is by telephone or in person it will only be effective if confirmed by notice served in accordance with this Clause 10 within 7 days.
10.4   DirectRoute may also notify Users of changes to this Agreement by publishing a notice of such changes in at least two newspapers published in the State provided however that such changes shall not come into effect until at least 30 days after such publication.

11.  Changes to Terms and Conditions

The terms and conditions of the Agreement may be changed by DirectRoute at any time and any such changes will be notified to the User prior to coming into effect.

12.  Assignment

DirectRoute may appoint a third party to operate a Toll Facility  and/or perform any of the obligations of DirectRoute under the Agreement. DirectRoute shall be entitled to assign, transfer, charge or otherwise deal with the Tag or the rights, benefits and burdens hereunder without the consent of the User.  The User shall not be entitled to take any such action without the prior written consent of DirectRoute.

13.  Data Protection

The Account Application Form includes a data protection notice (or in the case of an online application, a Privacy Statement).  DirectRoute may disclose information provided by the User to any DirectRoute subsidiaries or to a relevant road authority or operator in connection with any Toll Facility and to any person that assumes DirectRoute duties, rights and liabilities, hereunder. Any information given by the User in relation to any loss, theft or Misuse may be passed on to the Gardai together with any other information DirectRoute considers relevant to the operation of a Toll Scheme in accordance with the obligations under the Roads Act, 1993.

14.  Liability

14.1   The following provisions set out DirectRoute’s entire liability to the User in respect of: (a) any breach of its contractual obligations arising under the Agreement; and (b) any representation, statement or tortious act or omission including negligence or otherwise arising under or in connection with the Agreement AND THE USER’S ATTENTION IS IN PARTICULAR DRAWN TO THE PROVISIONS OF THIS CLAUSE 14
14.2   DirectRoute’s liability to the User for death or personal injury resulting from DirectRoute’s negligence shall not be limited.
14.3   Subject to Clause 14.2, DirectRoute accepts no liability of any kind arising from Tag Misuse.
14.4   Subject to the provisions of Clause 14.2 above, DirectRoute’s entire liability shall be limited to damages of an amount equal to €35,000.
14.5   Subject to Clause 14.2 above, DirectRoute shall not be liable to the User in respect of any Event of Default for loss of profits, goodwill or any type of special, indirect or consequential loss howsoever caused (including, loss or damage suffered by the User as a result of an action brought by a third party) even if such loss was reasonably foreseeable or in the contemplation of DirectRoute or if DirectRoute had been advised of the possibility of the User incurring the same.
14.6   If a number of Events of Default give rise substantially to the same loss then they shall be regarded as giving rise to only one claim under the Agreement.
14.7   The User hereby agrees to afford DirectRoute not less than 30 days in which to remedy any Event of Default hereunder.
14.8   Except in the case of an Event of Default arising under Clause 14.2 above, DirectRoute shall have no liability to the User in respect of any Event of Default unless the User shall have served notice of the same upon DirectRoute within 3 years of the date it became aware of the circumstances giving rise to the Event of Default or the date when it ought reasonably to have become so aware.
14.9   Nothing in this Clause 14 shall confer any right or remedy upon the User to which it would not otherwise be legally entitled.
14.10   Except as expressly stated herein, all conditions, warranties, representations, terms, obligations and/or undertakings, express or implied, whether arising under statute, common law, trade usage, course of dealing or otherwise are excluded to the fullest extent permitted by law.  Notwithstanding the foregoing, where a User is dealing as a Consumer, the contractual rights which such User enjoys by virtue of the Sale of Goods Act, 1893 (as amended) and the Sale of Goods and Supply of Services Act, 1980 are in no way prejudiced by anything contained in this Agreement save to the fullest extent permitted by law.

15.  Waiver

15.1   There shall be no waiver of any terms or conditions unless such waiver is evidenced in writing and signed by the waiving party.
15.2   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.
15.3   The rights and remedies herein are cumulative with and not exclusive of any rights or remedies provided by law.

16.  Entire Terms and Conditions

The terms and conditions set out herein (together with the User Guide, FAQ and the Account Application Form which may be published by DirectRoute from time to time) constitute all the terms and conditions of the Agreement. The User acknowledges that he has not relied upon any representation save for any set out in these documents.

17.  Governing Law

The interpretation of the Agreement shall be governed by Irish Law and the User irrevocably submits to the non-exclusive jurisdiction of the Irish courts.

18.  Force Majeure

If the use of the Tag or any Toll Facility is prevented or hindered by any matter beyond the control of DirectRoute including but not limited to acts of God, acts of government, strikes, lockouts, industrial disputes, winds, fire, lightning, aircraft, explosion, flooding, drought, riots, civil commotions, acts of war, malicious mischief or theft then the performance of the Agreement shall be suspended without any liability on the part of DirectRoute until such prevention or hindrance comes to an end.

*Last updated 25th June 2010*