General terms and conditions

Contractual terms and conditions for AutoPASS provided by FLYT AS

Valid from 20th of March 2023

1. Introductory provisions
1.1 What the User Agreement concerns
This agreement, hereinafter referred to as the ‘User Agreement’ or ‘Agreement’, is an agreement between you as the User of AutoPASS and Flyt AS as the AutoPASS service provider. The Agreement sets out the parties’ rights and obligations, including collection and payment for passing through toll stations and car ferry facilities in the AutoPASS Samvirke network.
The User Agreement is available at flyt.no.

1.2 When is it valid from?
The User Agreement applies from 20 March 2023, and also applies to agreements entered into before that date.

1.3 Definitions
User Agreement – means this agreement, or in abbreviated form the ‘Agreement’. AutoPASS – the Norwegian system for electronic payment of road tolls, which is owned by the Norwegian Public Roads Administration (NPRA).
AutoPASS tag – electronic on-board equipment used for electronic registration and payment of a toll transaction in the AutoPASS Samvirke network, also referred to simply as ‘Tag’.
AutoPASS Samvirke – network for electronic payment of tolls on the public road network and ferry tickets on public ferry services in Norway.
AutoPASS service provider – a company or other legal entity that, following approval pursuant to Section 21 of the Toll Service Provider Regulations or operational approval pursuant to Section 22, concludes agreements with toll chargers and users to offer services for the payment of toll charges and ferry transport via the AutoPASS Samvirke.
The AutoPASS service provider in this Agreement is Flyt. The AutoPASS service provider issues the AutoPASS tag.
Toll transaction – the circulation of a vehicle subject to toll or ferry ticket, registered and assigned to a user agreement with Flyt. The toll transaction can be registered with the Tag or a photo.
User – the person or entity that enters into the agreement with Flyt. The User is also referred to as ‘Customer’. Both private individuals and businesses can be users/customers.
EETS domain – the European Electronic Toll Service (EETS) is the European electronic framework for the interoperability of European toll service providers. EETS domains are areas in Europe where electronic collection in the public road network takes place in accordance with EETS.
Toll charger – generic term for toll companies and ferry operators that are included in the AutoPASS Samvirke. There are five toll companies in Norway (Ferde AS, Vegamot AS, Fjellinjen AS, Vegfinans AS and Bompengeselskap Nord AS).
The Company or Toll Service Provider – means Flyt AS, hereinafter referred to as ‘Flyt’. Flyt offers toll and ferry transport payment services through the AutoPASS Samvirke and is an approved AutoPASS service provider.

1.4 When has the Agreement been entered into?
The Agreement is deemed to have been entered into when the vehicle is registered in the AutoPASS Samvirke, and the Customer has been issued an AutoPASS tag. This normally happens between one and five working days after you have registered as a Customer.
The Agreement entitles the Company to charge the Customer for use of the Tag (toll transactions).

1.5 Where is the Agreement valid?
The agreement applies to toll transactions in the AutoPass Samvirke in Norway, EETS and in the EasyGo partnership. For use in countries affiliated to EasyGo, see easygo.com.

1.6 About the AutoPASS tag
The AutoPASS tag is a piece of electronic on-board equipment used for registration and payment of toll transactions in the AutoPASS Samvirke. The Tag is linked to the vehicle registration number. Personalised number plates must be registered with the vehicle registration number.
The Tag is personal, and the Customer cannot transfer the Tag or the Agreement to anyone else.

1.7 Prices
Tariffs and discounts for use of the Tag in toll stations and on car ferries are stipulated by public authorities. Information is available at www.autopass.no, Flyt.no and on the individual toll charger’s website.
In addition, the Customer must pay a monthly fee relating to the issuing and replacement of the electronic Tag. The amount is based on Flyt’s costs in connection with issuing and replacing the Tag.
Customers who entered into an Agreement before 1 January 2023 have paid a deposit in return for being issued the Tag. For them, the monthly fee will be offset against the deposit paid until the deposit has been reimbursed in full. Flyt will then charge a monthly fee relating to the issuing and replacement of the electronic Tag for these customers as well.

1.8 Local agreements
The Customer may enter into a local agreement with the individual toll charger (for example ferry). The AutoPASS tag issued by Flyt can also be linked to such local agreements. If the Customer enters into a local agreement, changes such as a change of vehicle, address or similar must be incorporated into both the agreement with Flyt and the local agreement.
Information about local agreements offered by the toll charger is available on the toll chargers’ websites.

2. Customer’s rights and obligations
2.1 Duty to pay toll charges
The Customer is obliged to pay for all toll transactions, whether they are registered using the Tag or by photographing the vehicle registration number. The duty to pay toll charges follows from Section 2 of the Regulations relating to the Payment of Road Tolls of 28 November 2016 No 1418, issued under the legal authority of Section 27 of the Road Act.

2.2 Link between vehicle and tag
The Tag must not be used or carried in other vehicles than the vehicle the Agreement is registered to. The Tag must be fitted in accordance with the installation instructions.
Violation of Clause 2.2 is deemed to be breach of the Agreement and may result in the Agreement being suspended pursuant to Clause 3.7 or cancelled pursuant to Clause 8.2.

2.3 More about payment
The Customer must pay for toll transactions after receiving invoices from Flyt. Flyt will invoice the Customer in arrears, unless Flyt demands advance payment under Clause 3.5.
The Customer is liable to pay Flyt for all use of the Tag/vehicle, and for ensuring that the correct tariff is paid. This applies even if the Tag/vehicle is used by someone else. In the event of theft, the incident must be reported to the police before the Customer’s liability under the Agreement lapses.
The Customer must use the payment information stated on the individual invoices, and is responsible for ensuring that payment is made to the stated account number using the correct KID (customer ID) number. If the Customer states the incorrect account or KID number when paying the invoice, Flyt will not register the invoice as paid.
If the Customer does not pay by the due date, Flyt is entitled to interest on overdue payment in accordance with the Act relating to Interest on Overdue Payment. Flyt offers several alternative forms of electronic invoicing. The Customer, or the person paying the invoice on behalf of the Customer, must enter into an electronic invoicing agreement (e.g. AvtaleGiro, eFaktura and EHF). In such cases, Flyt will send an invoice to the person who has entered into the electronic invoicing agreement. That person is responsible for ensuring that the information provided when the agreement was entered into is correct.
Flyt reserves the right to choose whether to use self-notification or bank notification for Avtalegiro customers who have opted for notification.
If the Customer does not establish an electronic invoicing agreement and would like to receive the invoice and/or notification on paper, Flyt will charge an environmental fee.

2.4 Change of ownership of vehicle
When the vehicle’s ownership changes, the Customer is liable for any toll charges accrued until Flyt has received notification of the change of ownership from the Customer and the change of ownership has been registered in the AutoPASS Samvirke.
This applies regardless of whether passages have been identified via the Tag or by photographing the number plate. It normally takes between one and five working days for a notification of change of ownership to be registered in the AutoPASS Samvirke.

2.5 Responsibility for information
The Customer is responsible at all times for providing Flyt with correct and complete information as the basis for correct pricing of passages, and for ensuring that the correct vehicle is registered to the Agreement. This includes contact information, changes to vehicle information and other information relevant to this Agreement. Please note that customer and vehicle information is not updated based on public records. Incorrect information does not relieve the Customer of liability for payment, unless the incorrect information is due to errors for which Flyt or the toll charger is responsible; see Clause 3.4.
Flyt must be notified immediately of any changes via Flyt.no, ‘My Page’, or by contacting customer service. A minimum of five working days must nonetheless elapse between each change. Changes apply from the time they are registered in the AutoPass Samvirke. It normally takes between one and five working days from a change is reported until it is registered in the AutoPASS Samvirke.
If the Customer has entered into a local agreement with a toll charger, the Customer is also responsible for giving the toll charger correct and complete information.

2.6 Customer’s responsibility for use of the Agreement and technical equipment
The Customer is responsible for following Flyt’s instructions concerning correct use of the Agreement and technical equipment.

2.7 Unable to read Tag
If the Tag is not read in connection with a passage, the Customer, as party to the Agreement, is liable for accrued toll charges based on the vehicle registration number when passing a toll station.

2.8 Right to a discount
The Customer is entitled to a discount and, if applicable, exemption from paying passages when passages have been registered and the Agreement is valid. The right to a discount and any exemption lapses if the Agreement is suspended pursuant to Clause 3.7 or cancelled pursuant to Clause 8.2.
If the Customer has a local agreement or exemption agreement and changes tags, this must be reported to the local agreement and/or toll company the exemption is registered with, in order for the Customer to continue to be entitled to a discount and, if applicable, exemption from payment for passages.

2.9 Customer’s rights in the event of errors on the part of Flyt
Flyt shall indemnify the Customer for loss of discounts or price increases that are due to errors on the part of Flyt or the toll charger.

3. Flyt’s rights and obligations
3.1 Non-discrimination
Flyt cannot, without reasonable grounds, refuse to accept that a Customer enters into or terminates an Agreement. By reasonable grounds is meant, among other things, documentable circumstances that entail a high risk of fraud or non-fulfilment of payment obligations. The User’s right to national or local exemptions for toll passages or car ferry transport is not deemed to constitute reasonable grounds.

3.2 Flyt’s role in relation to payments
Flyt has a right and a duty to demand payment from the Customer for all passages in the AutoPASS Samvirke that are registered and assigned to the Customer’s agreement with Flyt. Flyt is the payment facilitator between the Customer and all companies in the AutoPASS, EasyGo and EETS partnership.
The Customer’s payment to Flyt releases the Customer from his obligation to pay the toll charger for his toll transactions.

3.3 Customer’s claims against Flyt
Any claims against Flyt are limited to reimbursement of toll charges wrongfully imposed and paid, and repayment of any outstanding deposit.
If Flyt has demanded advance payment in accordance with Clause 3.5, this is included in the amount the Customer can file a claim for against Flyt.

3.4 Liability for Tag
The Company is liable for technical failure of the Tag.

3.5 Verification of financial security
Flyt may require the Customer to furnish financial security if the requirement is based on documentation of the Customer’s willingness and ability to pay, and is proportional to the financial risk the Customer represents for Flyt. Flyt may, for example, demand that the customer pay a deposit or advance payment, or that the Agreement be linked to a payment card held by the Customer.

3.6 Communication between Flyt and the toll charger
Flyt shall ensure that information linked to the Customer’s agreement, including about the Customer’s vehicle, is made available to the toll chargers.

3.7 Suspension of the Agreement
Flyt may suspend the Agreement with the Customer if the credit limit is exceeded, when unpaid claims are sent for debt collection, in the event of breach of Clause 2.2 concerning the link between vehicle and tag, or in the event of lacking information pursuant to Clause 2.5.

4. Changes to the agreement
4.1 Flyt’s right to change the Agreement
Flyt may make minor changes to the Agreement without notifying the Customer in advance. Such changes cannot be in conflict with the Toll Service Provider Regulations or contractual terms and conditions stipulated by the NPRA. In the event of material changes to the Agreement, the Customer must be notified at least four weeks before the changes take effect. A change is considered to be material if it affects the Customer’s or Flyt’s rights and obligations. Notification shall be given by email to the Customer, by text message, and at flyt.no. Flyt will use the email address/mobile number registered to the Customer for email and text message notifications.
Changes to tariffs and discounts for use of the Tag in toll stations and on car ferries will be announced by the individual toll charger.

4.2 Transfer of the Agreement
Flyt may transfer this Agreement to another company if Flyt winds down its business or stops issuing payment tags. Notice of the winding down of the company and possible transfer of the Agreement to another company will be given before Flyt winds down its business.
The Agreement may also be transferred to the acquiring company in the event of an acquisition. For the transfer of personal data to another company, see Clause 5.4.

5. Data protection
5.1 Purpose of processing the Customer’s personal data
The Customer’s personal data shall be processed in accordance with the data protection legislation in force at all times.
The purpose of processing the Customer’s personal data is toll collection and safeguarding of the rights and obligations of the parties under this Agreement.

5.2 More information about the processing of personal data
Personal data are collected when the Agreement is entered into and in connection with toll transactions through toll stations/car ferry facilities. Passages are registered by reading the Tag or photographing the vehicle registration number.
Flyt is the data controller in connection with the processing of personal data.
Flyt may also receive and process personal data from agreements the Customer has entered into with our partners relating to use of the AutoPASS Tag, if consent to this has been granted when entering into such agreements.
Flyt may use data for internal analytics purposes. Such data will always be anonymised and aggregated.

5.3 Categories of personal data that are processed
The categories of personal data that are processed about you as a Customer are:
- name and contact information
- agreement number
- Tag-ID and vehicle registration number
- passage information (place, date and time)
- tariff class and price of passage
- photo of the vehicle
- registered owner in the Central Register of Motor Vehicles
- invoice and payment information

5.4 Disclosure of personal data
Flyt may disclose information about the Customer’s agreement to toll chargers and the NPRA insofar as this is necessary in order to:
- set the correct tariff
- process enquiries from the Customer
- transfer responsibility for the payment to Flyt
If the Agreement is transferred from Flyt to another AutoPASS service provider, the personal data required to perform the Agreement with a new AutoPASS service provider may be disclosed.
The Tag-ID and the vehicle registration number may be disclosed to the police, Norwegian Customs and Excise, and the NPRA’s supervisory authority for inspection in accordance with the Regulations relating to Electronic Payment Devices in Motor Vehicles (more than 3,500 kg). For light vehicles, only the Tag-ID will be disclosed.
Personal data may also be disclosed when other valid grounds for disclosure exist, for example when the police ask for information pursuant to the Criminal Procedure Act, or for statistical and research purposes.

5.5 Management of customer relationship
Flyt has established an electronic customer page, ‘My Page’, that contains an overview of the Customer’s agreements, passages, invoices and payments. The Customer can manage his customer relationship on this page.

5.6 Access, rectification and erasure
The Customer has right of access to personal data that are processed by Flyt in
accordance with Article 15 of the General Data Protection Regulation (GDPR), and the right to demand rectification of incomplete information in accordance with Article 16. The Customer may also request that personal data be erased to the extent this follows from GDPR Article 17. Reference is made in this connection to the toll company’s privacy policy in force at all times.

6. Use of data for statistical purposes
Flyt is required to provide aggregated and anonymised statistics to the NPRA annually for use in connection with public planning and analysis, and such statistics will be provided.

7. Communication and complaints
7.1 Messages and complaints from the Customer to Flyt
If the Customer has any questions regarding the Agreement and/or the Tag, they must be addressed to Flyt through the company’s customer service channels.
Complaints about charges for toll transactions or other matters relating to the Agreement must be submitted in writing to Flyt via one of the Company’s customer service channels. The deadline for complaining is three weeks from the time when the Customer became aware or should have become aware of the circumstances that form the basis for the complaint.
Other enquiries, for example questions about local agreements, shall be addressed to the toll company or ferry operator with which the Customer has an agreement.

7.2 Messages from Flyt to the Customer
Messages from Flyt to the Customer will be sent to the Customer by email, text message, at flyt.no or be provided on invoices. Emails will be sent to the email address the Customer has registered to the Agreement.

8. Termination of agreement
8.1 Customer’s right to terminate the Agreement
The Customer is entitled to terminate the Agreement with Flyt at any time. The termination is valid from the date Flyt receives notice from the Customer and the termination is registered in the AutoPASS Samvirke. It normally takes between one and five working days for the notice of termination to be registered in the AutoPASS Samvirke.
Notice of termination shall be given in writing to Flyt’s self-service channels or by contacting the customer centre.
In the event of termination, the Tag must be returned to Flyt as soon as possible, and within 30 days at the latest. The Customer must pay postage. Any deposit paid will be refunded when the Tag is received. The Customer must state which bank account number Flyt is to use for payment.
Claims for reimbursement by Flyt will be time-barred after three years.

8.2 Flyt’s right to terminate the Agreement
Flyt may cancel the Agreement with the Customer by giving 14 days’ notice. Flyt must state the grounds for cancellation, and the Customer shall be given an opportunity to rectify the matter before the cancellation takes effect.
Flyt may cancel the Agreement with immediate effect if the Customer is in material breach of his obligations under the Agreement.
Furthermore, Flyt may cancel the Agreement if information is received about the death of a Customer, when a petition for liquidation has been filed, the company is wound up or if a tag for a light vehicle has been inactive for more than 2 years.
In the event of termination, the Tag must be returned to Flyt as soon as possible, and within 30 days at the latest. The Customer must pay postage. Any deposit paid will be refunded when the Tag is received. The Customer must state which bank account number Flyt is to use for payment.
If outstanding claims are sent for debt collection, Flyt will suspend the Customer’s agreement. Flyt may also suspend the Customer’s agreement if the Customer in other ways is in breach of his obligations under the Agreement, for example in breach of Clause 2.5.

9. Choice of law and resolution of disputes
This Agreement shall be governed by and interpreted in accordance with Norwegian law.
Any disputes and any claims arising as a consequence of or in connection with this Agreement shall be resolved by the ordinary courts, with Oslo District Court as the correct legal venue, cf. the Toll Service Provider Regulations Section 35.
Cases in which the amount in dispute is less than NOK 200,000 shall be considered by the Conciliation Board before the case can be brought before the District Court, unless the Dispute Act, cf. the Dispute Act Section 6-2, states otherwise.