In Plain English.
We want our customers to understand what it is they are agreeing to when opening and operating
an account with us.
Here is a summary of changes introduced in this revision however, as always, we recommend you
read the document in its entirety
1. Updated Pricing Information
Updated pricing table to include tag clip replacement fee
2. Included Video Tolling/Manual Tag Entry (4.0)
3. Included Tag Warranty Clause (4.1.2)
4. Included recommendation to check account transactions every 30-60 days.(1.6)
5. Typos.
With every version we take the opportunity to correct any typos we have missed in
previous versions.
Terms and Conditions Combined V1.4
Replacing
Terms and Conditions Combined V1.3 April 2020
Contents
1. General ........................................................................................................................................ 4
2. Definitions & Communication ....................................................................................................... 5
2.1 Definitions ............................................................................................................................. 5
2.2 Display Of Terms. ................................................................................................................. 7
2.2 Communication ..................................................................................................................... 7
2.3 Consent To Communicate ..................................................................................................... 7
3. Using ParkMagic Cashless Parking Services ............................................................................... 8
3.1 Service Terms ....................................................................................................................... 8
3.2 Payment of Parking Fees ...................................................................................................... 9
4. Using TollTag.IE Toll Payment Services ..................................................................................... 10
4.1 TollTag Purchase ................................................................................................................ 10
4.1.1 TollTags Ordered by Internet or Telephone .................................................................. 10
4.1.2 TollTag Warranty ......................................................................................................... 10
4.1.1 B2B Restocking. .......................................................................................................... 10
4.2 Toll Account Terms ............................................................................................................. 10
4.2.1 Pay As you Toll+ and 'Lease' and FLEET Account types ............................................. 11
4.3 Notification of Fault, Loss, Theft or Misuse of your TollTag(s) or Account ............................ 12
4.4.
Payment of Road Tolls .......................................................................................................... 12
4.5 Transaction History ............................................................................................................. 12
4.6. Suspension ......................................................................................................................... 12
4.7. Termination ......................................................................................................................... 12
4.8. Return of a TollTag - Applies only to "Pay as you Toll+" or "Lease" Account Types ............ 13
4.9. Compliance ......................................................................................................................... 13
4.10. Changing Toll Services Account Types............................................................................ 13
4.11 Toll Service User Responsibilities ....................................................................................... 13
4.12 UK Toll Payment ................................................................................................................. 14
4.13 Low Emissions Vehicle Toll Incentive (LEVTI) Scheme ....................................................... 14
4.14 IOU Scheme .................................................................................................................... 14
5. Account Fees, Other Fees &
Minimum Balance ........................................................................ 15
5.1 Monthly Account Maintenance Fee ..................................................................................... 15
5.2 Topup Fees ......................................................................................................................... 15
5.3 Replacement/Damaged TollTag Fee ................................................................................. 15
5.4 Upgrade Fee ....................................................................................................................... 15
5.5 Manual Processing Fee/ Service Charge ............................................................................ 15
5.6 Per Trip Fee ........................................................................................................................ 15
5.7 Direct Debit Decline Fee ..................................................................................................... 15
5.8 Minimum Balance(s) ........................................................................................................... 16
6. Account Administration Policies.................................................................................................. 16
6.1 Refund Policy. ..................................................................................................................... 16
6.2 Dormant Accounts. ............................................................................................................. 16
6.3 Promotional Offers. ............................................................................................................. 16
6.4 Fee & Charge Disputes. ...................................................................................................... 16
6.5 Direct Debit Processing Time .............................................................................................. 17
6.6 Direct Debit Change of Details ............................................................................................ 17
6.7 Delayed Transactions ......................................................................................................... 17
7. Assignment ................................................................................................................................ 17
8. Data Protection .......................................................................................................................... 17
9. Liability ....................................................................................................................................... 18
10. Waiver .................................................................................................................................... 18
11. Entire Terms and Conditions .................................................................................................. 19
12. Force Majeure ........................................................................................................................ 19
13. Regulations ............................................................................................................................ 19
14. Applicable Law ....................................................................................................................... 19
15. Disputes ................................................................................................................................. 19
Schedule 1 Table Of Fees ................................................................................................................. 20
TollTag.ie Terms & Conditions Change History ......................................................................... 21
ParkMagic - Terms & Conditions Change History ....................................................................... 21
ParkMagic TollTag - Terms and Conditions (Combined)
V1.4 February 2023
Effective From 11/3/2023 for existing customers
Effective From 24/2/2023 for new Accounts
1. General
1.1 These Terms and Conditions supersede and replace:
Terms and Conditions Combined V1.3
1.2. In these Terms and Conditions we, Park Magic Mobile Solutions Limited (Registered in Ireland
#398851 - hereinafter ParkMagic), define a Service User as an individual or a company that uses our
parking, parking pre-booking,toll payment or other systems systems with or without a third party. For
the avoidance of doubt TollTag.ie is a trading name of ParkMagic and any term or clause referring to
TollTag.ie shall be regarded as having issued from ParkMagic.
1.3 For simplicity both TollTag.ie and Park Magic Mobile Solutions Limited are referred to in this
document as ParkMagic
1.4. ParkMagic is the operator of a parking system for parking payment by reference to the vehicle
license plate whereby payment is activated by a mobile phone (Service). ParkMagic operates as a
Disclosed Agent, operating the parking system on behalf of the parking space owner and is not the
owner of parking spaces.
1.5 TollTag.ie is a trading name of ParkMagic. ParkMagic, under the brand TollTag.ie, operates toll
payment services in the Republic of Ireland and certain toll roads in the United Kingdom as may be
advised from time to time. Use of Toll payment in the United Kingdom is on application only. To
enable this feature contact support@parkmagic.net
1.6 Fraud & Error Prevention
Your User Account is valuable! You are strongly encouraged to change your account password
regularly – online at parkmagic.net or tolltag.ie. We further recommend you check your Account
transactions for accuracy every 30- 60 days and report any errors or discrepancies immediately to
support@parkmagic.net
2. Definitions & Communication
2.1 Definitions
In the Agreement the following words and expressions shall have the following meanings unless
the context otherwise requires:-
Account: the User's account with ParkMagic;
Account Application: The online application which must be completed by the User prior to
opening an Account. It includes a specific assent to these terms and
conditions
Account Fees: The charges levied in accordance with our published pricing as may vary
from time to time upon receipt of the notice period specified within these
Terms & Conditions. These charges include but are not limited to Account
Monthly Fees and TopUp Fees where applicable.
Agreement: The agreement between the User and ParkMagic for the maintenance of
an Account and for the use of the TollTag by the User in accordance with
the terms and conditions set out herein, together with the terms of the
TollTag Installation Guide which may be published by ParkMagic from
time to time. The Agreement is only available in the English language;
Bonus: means additional credit added to the user account by ParkMagic from
time to time for the sole purpose of purchasing additional services. Any
and all of these bonus awards have no cash redemption value
whatsoever and on cessation of the ParkMagic service by the user or by
ParkMagic in compliance with the terms of this agreement any such
unused bonus awards are forfeit.
Dormant Account: A customer account is deemed Dormant if no Debit transactions save
Account Fees have been registered to the account for a period of 12
consecutive months
Low Balance Level: Means the low balance level chosen by the User in the Account
Application Form. When a Users Account Balance falls below this level a
topup attempt is triggered
Mandate: A direct debit or other continuous authority mandate authorising the
payment to ParkMagic of a sum of money
Method of Payment: A payment made by either Credit Card, Debit card, or banking Direct
debit
Minimum Balance: The minimum balance as may be determined by ParkMagic from time to
time and notified to Users, that a User must maintain in his/her Account at
all times.
Misuse: The failure to act in accordance with the provisions of this Agreement,
including such other acts or omissions that ParkMagic may specify and
notify to Users from time to time
Service: Any service or combination of services provided by ParkMagic (e.g
parking payment service, toll payment service etc)
Service Charge: A monthly or per event fee payable to ParkMagic by the User for a toll
transit, parking or other event as announced by ParkMagic from time to
time and as may be varied by ParkMagic at any time on giving notice to
Users in Accordance with this Agreement.
Tag: The Tolltag.ie transponder to be affixed to the User's vehicle to facilitate
the electronic collection of Tolls under the terms of the Agreement in
respect of the use of one or more Toll Facilities
Tag Installation Guide: The instructions for the installation and use of the TollTag published
online as may be amended by ParkMagic and notified to the User from
time to time
Tolls: The tolls leviable under the terms of the relevant Toll Bye-laws and/or
tolls or charges payable in respect of the use of a Toll Facility
Toll Facility: Any Toll Scheme or other service which may be used or accessed with a
TollTag as notified by Tolltag.ie from time to time
Toll Scheme: Any toll scheme operated in accordance with the Roads Act, 1993 as
amended from time to time
User: The person or body corporate who utilises any Service provided by
ParkMagic
2.2 Display Of Terms.
These General Terms and Conditions are displayed on the websites of ParkMagic at
www.parkmagic.net and www.tolltag.ie ParkMagic may alter these Terms and Conditions at its
discretion. In the event of any of these Terms and Conditions being declared null and void, the
remaining Terms and Conditions shall continue to apply. Service Users are prohibited from assigning
rights and/or obligations to third parties relating to services supplied by ParkMagic and contained in
these Terms and Conditions without prior written permission from ParkMagic.
2.2 Communication
ParkMagic shall notify Users of changes to this Agreement by publishing a notice of such changes on
the ParkMagic.net and TollTag.ie website and by posting said notice on the ParkMagic Facebook Page
. Such changes shall not come into effect until at least 14 days after such publication. The Published
Notice shall take the form:
‘NOTICE: There will be changes to our published Terms and Conditions. These Changes will take
effect on {date}. Please refer to {link} to familarise yourself with these revised terms.’
at a minimum , although additional explanatory text may be provided
2.3 Consent To Communicate
By activating your personal account on www.parkmagic.net you are required to provide an email
address & mobile phone number(s) for account verification purposes and hereby consent to allow
ParkMagic to use this data solely for the purposes of providing service alerts, notifications of
enhancements, discount programs and other service related information. Your email and/or mobile
phone numbers will not be disclosed to any third party save as required by law.
3. Using ParkMagic Cashless Parking Services
3.1 Service Terms
ParkMagic Cashless Parking Services (CPS) include the services which enable
● Payment for on-street parking via App or Website or telephone call
● Payment for off-street parking via App or Website or telephone call
● Payment for off-street parking via a TollTag.ie tolltag device
The following terms and conditions apply to all CPS transactions
3.1.1 Using CPS is equivalent to requesting the ParkMagic system to make payment for the issue of an
electronic Parking Permit to park in a certain location at a certain time for a period of time. At all times
the issue of the Parking Permit is further subject to the regulations of the Local Authority/Parking Site
Owner/Operator in force at that given time or place.
3.1.2. The Service User is responsible for cautious handling of any password and P.I.N necessary for
accessing their personal account on the website.
3.1.3 Should any password or PIN become disclosed to any unauthorised third party the Service User
agrees to notify ParkMagic by email or phone in order to deactivate the account and reopen it with a
new PIN or password.
3.1.4. To validate a parking transaction, the CPS User must either call the ParkMagic phone number
applicable to the location in with the Service User wishes to park or utilise the ParkMagic App to instruct
the Service or use the ParkMagic Website facility to instruct the Service.
3.15 In the event the Service User utilises a TollTag.ie tolltag to validate a parking transaction parking
transaction is deemed to have begun at the time of entry into a car park and is deemed to have finished
at the time of exit from the car park.
3.1.5. The Service User cannot claim any right to a parking space by using CPS. Parking transactions
conducted via CPS are subject to the regulations of the Local Authority/Parking Site Owner in force at
that given time or place.
3.1.6. The Service User should note that not all parking areas or car parks accept ParkMagic CPS for
payment. The Service User hereby agrees to use ParkMagic CPS in a proper manner only in areas
permitted by the parking space owner. Should the Service User fail to abide by this requirement then
the Service User is solely responsible for any liabilities incurred.
3.1.7. A Service User can only presume that a parking transaction is valid after a confirmation has been
given to him/her by the system. A machine generated verbal confirmation will be issued to the Service
User at the end of a call to the Service requesting a Parking Permit. Where parking is activated via web
or App interaction, confirmation is displayed on screen. In the case parking transactions conducted
using a Tolltag.ie tolltag a parking transaction is deemed valid as soon as entry to the car park is
granted.
3.1.8. In the case of unavailability of the service due to a fault in the parking system of ParkMagic or in
a network system of any third party/parties, the Service User is obliged to pay for parking by another
valid method i.e. the display of a valid pre-paid parking disc or machine issued ticket or other means as
defined by the regulations of the Local Authority/Parking Site Owner in force at that given time or place.
3.1.9. Where the Service User no longer wishes to use the services of ParkMagic he/she should no
longer place phone calls to the Service or use any mobile Apps or TollTag.ie tolltags that facilitate
connection to ParkMagic systems for the purposes of parking payment.
3.1.10. ParkMagic retains the right to cancel or refuse to provide the service to a Service User or to a
new applicant without stating any reason.
3.1.11. By activating and using your ParkMagic account you agree to these terms and conditions. If you
do not agree, or subsequently change your mind, then you should not use the Service and contact
ParkMagic in writing or by email whereupon you will be removed from the Service.
3.1.12. The Service User acknowledges that the responsibility for registering transactions via mobile or
fixed line telephone as well as the possibility of receiving mobile text messages with information in
regard to the parking transaction depends on sufficient functioning of the network of the Service, the
Users mobile and fixed line telephone provider and the service of the telephone company. ParkMagic
cannot be held accountable for damage caused by insufficient functioning of a network or telephone
company or for not receiving a transaction request or the sending or receiving of text/data messages in
time.
3.1.13 Operator Assisted Parking. In certain circumstances Users may contact the ParkMagic contact
centre and instruct a live operator to activate process payment for their parking payment. In cases
where the use of the App or automated telephone service was available then ParkMagic reserves the
right to apply a nominal handling fee in order to process the request. See Section 5 for full details on
Fees & Charges.
3.2 Payment of Parking Fees
3.2.1 The Service User may apply credit to their Account by means of any of the methods made
available by ParkMagic from time to time and may thereafter use the Service. The amount of the credit
will reduce as a result of calls to the Service that result in the issue of a Parking Permit. No Parking
Permits will be issued to the Service User once the Account balance reaches a level insufficient to pay
for the Parking Permit in its entirety.
3.2.2 In addition to online and automatic topups, ParkMagic provides a TopUp service which is
accessible by calling the telephone number as defined by ParkMagic from time to time. The TopUp
Service permits callers to check their Account balance and to enter the details of the TopUp voucher
they may wish to apply to their account or to enter credit/debit card information for the purpose of
topping up the account. The tariff for this call will be dependent on the Service Users mobile phone
operator and the service the Service User has subscribed to with that mobile phone operator.
3.2.3. ParkMagic will deduct all amounts due for parking, mobile text messages and other services as
they occur from the Service Users Account.
3.2.4. Details of parking and other transactions and fees incurred can be viewed on the Service Users
statement, which can from time to time be accessed via the internet. There is no charge for this account
statement service.
3.2.5. The Service User must have a sufficient facility on his/her/its bank account or other agreed
payment method to enable ParkMagic to collect fees due. Where this is not the case ParkMagic may, at
its sole discretion, cease or temporarily suspend service to that Service User.
3.2.6 Each time a TollTag is used to access a Car-Park, whether by the Service User or by anyone
else, authorised or not, the applicable parking fee shall be paid by the Service User.
3.2.7 Should a TollTag.ie tolltag fail to properly facilitate access and/or egress to/from a Car-Park for
any reason then the Service User agrees to discharge any Car-Park fees due by cash or credit card (or
other means of payment) as may be requested by the Car-Park operator.
4. Using TollTag.IE Toll Payment Services
TollTag.ie Toll Payment Service is a service through which a User can pay for road tolls in the
Republic of Ireland and certain UK toll roads as may be advised from time to time. Payment of tolls
is made from the User Account
Toll Payment is ordinarily initiated by the Users’ TollTag affixed to the vehicle however Toll Payment
may also be initiate by Automatic Number Plate Recognition or by manual entry of the TollTag
identifying number by Toll Road Staff. Regardless of the means of Toll Payment initiation the User
is liable to pay the toll amount and any associated Account Fees from their User Account
4.1 TollTag Purchase
In order to use Toll Payment services it is necessary to either purchase or lease a TollTag
4.1.1 TollTags Ordered by Internet or Telephone
In the case of a User who is a Consumer and who obtains a TollTag over the Internet or by
telephone, such individual may be entitled to exercise a statutory right of cancellation of his/her
order. If the right of cancellation does apply, such a User may exercise this right within 14 working
days of receipt of the TollTag and must return the unused TollTag within 28 days in its original
packaging and at the cost of the User to Tolltag.ie, Riverfront, Howley's Quay, Limerick V94 WTK7
Ireland.
4.1.2 TollTag Warranty
TollTags have a two year warranty. If, when used as directed and physically undamaged by
improper use, the TollTag should fail to operate then ParkMagic/TollTag will replace it free of charge
on return of the damaged TollTag.
4.1.1 B2B Restocking.
B2B Service Users incorporated in Ireland who wish to cancel an order for Service(s) where
TollTag(s) have been allocated for delivery or shipped to the Service User shall be subject to a
restocking fee of €3.00/unit. Note this fee does NOT apply to consumers.
4.2 Toll Account Terms
TollTag.ie currently offer four Account Types.
Pay As You Toll
Pay As You Toll+
TollTag Lease
TollTag FLEET
Your Account Type selection will govern the terms that are applicable. For all account types
Tolltag.ie shall provide the User with the TollTag either by way of purchase or Lease and the User
shall:
1. Install and use the TollTag in the vehicle in accordance with the TollTag Installation Guide
ensuring that the TollTag is at all times properly attached at the correct location on the vehicle
windscreen.
2. Users are also advised that they must ensure that the license plate information for each vehicle
corresponds with the TollTag in that vehicle and that the license plate information is entered in the
Users Online Account. Users in any doubt as to the correct configuration should contact customer
care support@parkmagic.net without delay.
3. only use the TollTag for the vehicle(s) class for which it is configured. You may change this class
at any time by contacting support@parkmagic.net
4. notify Tolltag.ie of any changes of ownership of a vehicle in respect of which a TollTag was
issued
5. not transfer, sell, dispose of, damage or tamper with the TollTag or use the TollTag fraudulently
or illegally
6. exercise all possible care to ensure that the TollTag is not lost, stolen or Misused
7. give ParkMagic all information in his/her possession regarding any loss, theft or Misuse of the
TollTag and will take all steps Tolltag.ie deems necessary to assist the recovery of the TollTag
8. avoid carrying TollTags issued by third parties other than Tolltag.ie in the same vehicle as that
carrying the TollTag it being acknowledged by the User that the failure to comply with this clause
may result in the incurring of unintended Toll Charges. In the event that these charges cannot be
recovered then the User is liable for such charges
9. In the event the TollTag is moved to a different vehicle, immediately update the TollTag.ie
account information to reflect the registration number of the vehicle the TollTag is in. This can be
conducted online or by email to support@parkmagic.net. The User acknowledges and accepts that
changes may take up to 24 hours to take effect on all Toll Roads. Within this 24 hour period the
User remains liable for all Toll Charges levied to the Account by a Toll Road. This is especially
important where you sell your vehicle. If you do not remove your vehicle registration from
the account then M50 charges may continue to accumulate on the account . The User is
responsible for such charges.
10. Pay Account Maintenance Fees (if any) as and when they become due.
4.2.1 Pay As you Toll+ and 'Lease' and FLEET Account types
In addition to those terms defined in 4.2., Users of Pay As You Toll+ and Lease Account Types
shall
4.2.1.1 Maintain a valid payment method on the account at all times.
The User agrees that their PAYT+, Lease or FLEET type account shall have a Method Of Payment
at all times. Should the User decide to remove the Method of Payment from their PAYT+ or Lease
Account then the Account shall be suspended until such time as a valid Method Of Payment is
attached to the Account.
4.3 Notification of Fault, Loss, Theft or Misuse of your TollTag(s) or
Account
4.3.1 If the TollTag is faulty, lost, stolen or is otherwise in any way liable to Misuse or the Users
account has been compromised or subject to misuse in any way then the User must immediately
notify Tolltag.ie by telephone on 061-311422 or by email to support@parkmagic.net (or such other
numbers or addressed as notified from time to time). Until Tolltag.ie receives such confirmed
notification, the User will remain liable for any use of the TollTag and/or User Account. After
Tolltag.ie receives such confirmed notification, the User' liability for any subsequent Misuse of the
TollTag and/or TollTag account will cease.
4.3.2 Once the TollTag is notified as being faulty, lost, stolen or liable to Misuse, the User shall
make no further use of the TollTag even if recovered and notify tolltag.ie at 061-311422 or by email
to support@parkmagic.net.
4.4.
Payment of Road Tolls
Tolltag.ie shall be entitled to deduct from the funds received from the user from time to time in
order to discharge tolls and any associated fee(s) levied by the relevant toll road(s) in connection
with a transaction.
4.5 Transaction History
Tolltag.ie will available on its website for viewing by the User an on-line transaction statement
detailing each individual Toll transaction on the Account for the previous 30 days or such other
period as Tolltag.ie may from time to time determine. Records of older transactions will be
supplied by email only on request of a email request to support@parkmagic.net. Requests
may take up to 14 days to fulfil.
4.6. Suspension
4.6.1 When the balance on an Account has fallen below the Low Balance Level, Tolltag.ie will,
using the payment details provided by the User, automatically seek a further payment from the
User to bring the Account above the Low Balance Level. In the event of a payment failure,
Tolltag.ie will immediately suspend the Account until successful payment of the Top-Up Amount is
made. Tolltag.ie may provide notice that a Low Balance Level has been reached and such notice
may include an amber light displayed at the Toll facility.
4.6.2 In accordance with Clause 4.1.2, Users of Pay As You Toll + and Lease Account Types shall
maintain a valid Method of Payment on their Account. This is a valid and current Credit or Debit
Card or Direct Debit mandate. Failure to do this will result in suspension of the Account until a valid
Method of Payment is added to the Account.
4.7. Termination
The Agreement or the right to use the Service may be terminated at any time by notice from:-
(a) ParkMagic to the User, if 14 days or more (or such other reasonable term as ParkMagic may
determine from time to time) have elapsed from the suspension of an Account pursuant to Clause
4.6 and the User has failed to ensure that the Account holds at least the Low Balance Level
(b) Either party to the other of at least one week
(c) ParkMagic to the User, if the User has, in the opinion of ParkMagic, misused or failed to use the
TollTags allocated or made fraudulent or any other unauthorised or illegal use of the TollTag or
other use not in accordance with this Agreement.
(d) ParkMagic 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, such default continues unremedied for 7
days after notice thereof has been given by ParkMagic to the User.
4.8. Return of a TollTag - Applies only to "Pay as you Toll+" or
"Lease" Account Types
4.8.1 The TollTag is the property of ParkMagic. The TollTag must be returned to ParkMagic by
post or delivered to ParkMagic t/a Tolltag.ie, Riverfront, Howley's Quay, Limerick V94 WTK7 if:
(a) ParkMagic notifies the User that it intends to replace the TollTag
(b) The TollTag is notified lost, stolen or liable to be misused pursuant to Clause 4.3 and it is then
retrieved
(c) The Agreement is terminated pursuant to Clause 4.7
(d) The TollTag is notified faulty pursuant to Clause 4.3
4.8.2 ParkMagic will charge a Replacement/Damaged TollTag (See Section 5) Fee for each
TollTag that is returned damaged or tampered with or is not returned to ParkMagic within 28 days
any events referred to in clause 4.7 occurring. Tolltag.ie shall be entitled to apply any balance
remaining in the User Account towards the payment of this charge. For the avoidance of doubt,
smoke discoloration that cannot be removed by reasonable effort with domestic detergent
is considered damage under this clause. TollTags exhibiting such damage will attract a
Replacement/Damaged TollTag Fee
4.9. Compliance
The User shall comply with any TollTag Installation Guides or any other instructions for use of the
TollTag issued by Tolltag.ie from time to time with all applicable laws relating to the use of Toll
roads within the Republic of Ireland.
4.10. Changing Toll Services Account Types
4.10.1 A Pay As You Toll+ or Lease Account Type User may change their Account Type to Pay As
You Toll by purchasing the TollTag in their possession for an Upgrade Fee (See Section 5)
4,10.2 A Pay As You Toll user may upgrade their account type to Pay As You Toll+ or Lease
Account Type by contacting support@parkmagic.net. Immediately upon upgrading the User agrees
to pay the Account Maintenance Fee as defined herein for the calendar month in which the
Upgrade occurred and each subsequent calendar month without exception unless and until service
is terminated in accordance with this agreement
4.11 Toll Service User Responsibilities
By using the the toll payment Service the User:
(a) is responsible for ensuring that his Account is in credit. If the TollTag or the Equipment is faulty
or otherwise does not operate, for example, by reason of the User' account not being in credit, the
User is liable and is obliged to pay the Toll in cash or by other methods when using the relevant
Toll Facility in the manner prescribed by that Toll facility
(b) agrees that the Toll payable in respect of the use of any Toll Facility can be increased from time
to time by the relevant operator and any such increases shall become immediately binding upon
the User and Tolltag.ie.
(c) acknowledges that if he/she cancels or alters his/her payment mechanism then he/she shall
within 24 hours notify Tolltag.ie of such cancellation
(d) he/she is not entitled to interest on any sums received by Tolltag.ie pursuant to the terms
hereof
(e) he/she must notify Tolltag.ie of any change of vehicle details
(f) understand and accepts that any credit topups applied to an Account will take 3 hours to
become effective on all toll roads and prior to this time elapsing Tolls may not be discharged by the
Service.
(g) Understands and accepts that using the M50 before a Topup has become effective will result
the issue of an Unpaid Toll Notice by the M50 as funds to pay the demanded toll will not have been
available at the time of transit. Users in receipt of such notices should follow the process outlined in
(h) below
(h) Unpaid Toll Notices (UTN)
From time to time Users may receive a notice of unpaid tolls from eFlow , the operators of the M50.
The User expressly agrees to contact TollTag.ie without delay with details of such a notice. Under
no circumstances should Users ignore such notices as penalties will be applied. TollTag.ie has an
agreed protocol in place for resolving disputed UTNs quickly and can do so only within 30 days of
receipt of the first notification of unpaid toll from eFlow.
4.12 UK Toll Payment
You can pay Dartford Crossing and Mersey Crossing (UK) Tolls through your TollTag.ie Account.
This service requires separate registration. Contact support@parkmagic.net.
4.12.1 Where a User wishes to use their Account to pay UK Tolls the User accepts and
acknowledges that to do so requires that the correct license plate information of the vehicle used
must be present on the account at least 7 days before using either the Dartford Crossing or the
Mersey Crossing. Failure to abide by this requirement will result in penalties being applied by
either the Dartford Crossing or the Mersey Crossing for which the User accepts liability.
4.13 Low Emissions Vehicle Toll Incentive (LEVTI) Scheme
TollTag.ie is an authorised operator of the Irish Government LEVTI scheme. The scheme is
governed by these terms and scheme rules to which the User agrees to abide by in order to avail
of applicable refunds.
4.14 IOU Scheme
It is a condition of service for TollTag.ie that accounts are maintained in credit. However, TollTag.ie
recognise things can happen that can briefly make an account run out of credit. Forgetting a topup
, a new credit card issue, using more tolls than expected in a particular month and many other
reasons. On the M50, crossing the toll without credit will cause a penalty notice to issue. This will
ordinarily result in the issue of a Standard Toll Request (STR) and a significant extra charge and
inconvenience to the motorist who must arrange direct payment to the M50 operator.
TollTag IOU is an automatic service feature by which TollTag.ie will intercept the pending STR and
pay it on your behalf- as long as the relevant TollTag account is back in sufficient credit to
discharge the demanded toll(s) within 48 hours of the Toll due date. There is a charge for this IOU
service and it is itemised in Schedule 1 below.
Users who do not wish to avail of the IOU scheme should contact TollTag.ie directly in all cases
within 48 hours of the date and time of the toll fee in question. In such circumstances TollTag.ie will
not pay the toll demanded and the User assumes responsibility for discharging the toll directly.
5. Account Fees, Other Fees &
Minimum Balance
5.1 Monthly Account Maintenance Fee
A Monthly Account Maintenance Fee applies to all Lease Type Accounts. ParkMagic shall be
entitled to deduct these fees as and when they fall due. (See Schedule 1 of the document for the
current fee amount).
5.2 Topup Fees
A fee applies when adding credit to your account by cash, card or bank transfer. ParkMagic shall
be entitled to deduct these fees as and when they fall due. (See Schedule 1 of the document for
the current fee amount).
5.3 Replacement/Damaged TollTag Fee
Where a User seeks a replacement TollTag where the originally supplied TollTag has not been
returned in an operational and saleable condition a replacement TollTag fee shall be charged for
each replacement TollTag supplied.ParkMagic shall be entitled to deduct these fees as and when
they fall due. (See Schedule 1 of the document for the current fee amount)
5.4 Upgrade Fee
A User may choose to purchase a leases TollTag outright for a fee whereupon the User owns the
TollTag. Regardless of whether or not a User owns or rents a TollTag provision of service is solely
in accordance with these terms and conditions. (See Schedule 1 of this document for the current
fee amount)
5.5 Manual Processing Fee/ Service Charge
A Manual Processing Fee (Service Charge) is applicable in cases where ParkMagic Call Center
Staff are requested to manually process any transaction when the automated App/Web or phone
alternative is available.(See Schedule 1 of this document for the current fee amount)
5.6 Per Trip Fee
The Pay As You Toll TollTag account type attracts a usage fee on a per use basis and not on a
monthly or other basis. (See Schedule 1 of this document for the current fee amount)
5.7 Direct Debit Decline Fee
For Accounts that are maintained by means of Direct Debit payment a Direct Debit Decline Fee
shall be applied if a Direct Debit request submitted by TollTag.ie is declined or rejected by the
relevant bank or financial institution. (See Schedule 1 of this document for the current fee amount)
5.8 Minimum Balance(s)
Minimum balance levels are set in toll payment accounts order to ensure that your account has, at
all times, enough funds to pay at least one journey on any toll road at that roads maximum
prevailing toll rate.
5.7.1.Users of Pay As You Toll+ and Lease Account Types shall maintain a Minimum Balance in
their Account of €12.00. Once the balance remaining is less than this amount a topup shall be
triggered.
5..2. Users of any account type where payment of UK Tolls has been enabled, shall maintain a
Minimum balance of €30.00.
5.7.3. Where a User balance in any Toll Account type (whether combined with parking or not) falls
below €1.65 then toll payment from the account will not be made by ParkMagic until the balance is
brought above the Minimum Balance or €1.65 whichever is the higher.
6. Account Administration Policies
6.1 Refund Policy.
Once credit is used the Service is deemed to have been delivered and consumed. Therefore
refunds on used credit will not be made by ParkMagic. Refunds on unused credit will be made by
ParkMagic should a user wish to cease use of the Service. To defray the costs incurred by
ParkMagic in providing the top-up service and which are unrecoverable a service fee for refunds is
payable and is deducted from the balance remaining in the user account at time of cessation of
service. The service fee is applied based on the mechanism used to top-up. Over the counter
Top-Ups at PostPoint outlets: 30% Credit/Debit Card Top-Ups: 15%
6.2 Dormant Accounts.
Dormant Account. The User of Dormant Account(s) shall be notified by TollTag.ie by email. Once
notified, the User agrees to contact TollTag.ie within 14 days of receipt of notice to indicate
whether or not they wish the Account to remain open. If no response is received, TollTag.ie shall
automatically close the Account and remove all personally identifiable information relating to the
account. Any credit balance in the account will be used to defray administrative costs.
6.3 Promotional Offers.
From time to time, by way of special promotion, ParkMagic may waive, at its sole discretion any or
all of the above Account Fees. Such a waiver does not represent a commitment to an indefinite
waiver and ParkMagic may at any time, without notification, reinstate any and all of these fees and
charges.
6.4 Fee & Charge Disputes.
Service Users who wish to dispute any service Fee or charge on their Account may do so by
submitting a query to support@parkmagic.net. This submission must be made within 90 days of
the charge or Fee first being debited from the Account. Where a submission is made outside of this
90 day period ParkMagic regret that it may not be possible to investigate the complaint as records
from third parties who have provided the services to the Service User may no longer be available
in order to validate any claim. Neither ParkMagic nor its agents will be liable for any disputed Fees
or Charges that cannot be validated.
6.5 Direct Debit Processing Time
Where a Service User elects to pay by Direct Debit (DD) then the user acknowledges and accepts
that there is a delay between the submission of a DD request and the receipt of credit by
ParkMagic. This delay is a normal part of the banking process and the use accepts and
acknowledges that no credit shall be supplied on foot of a DD request until funds are received by
ParkMagic.
Currently (Jan 2017) the expected processing time for DD requests is 8 working days for the first
request and 3 Working days for subsequent requests.
6.6 Direct Debit Change of Details
A Service User may change Direct Debit details with their banking provider at any time. The
Service User accepts and agrees to notify ParkMagic of any such change within 3 business days
to facilitate the change of details within ParkMagic systems. Failure to advise ParkMagic of any
changes to DD details will result in an interruption of service.
6.7 Delayed Transactions
Fees are normally levied in the month in which the service they refer to was delivered, however,
from time to time this may be delayed. The user accepts that such delayed Fees may be levied up
to one calendar year from the date they would ordinarily have been levied.
7. Assignment
ParkMagic shall be, but the User shall not be entitled to assign transfer, charge or otherwise deal
with the TollTag or the rights, benefits and burdens hereunder.
8. Data Protection
The Privacy Policy is separately maintained. See the appropriate links on www.tolltag.ie and
www.parkmagic.net and within ParkMagic and TollTag.ie APPs or download it here
9. Liability
9.1 The following provisions set out ParkMagic's entire liability (including any liability for the acts
and omissions of it's employees, agents and sub-contractors) to Users in respect of any breach of
it's contractual obligations arising under these General Terms and Conditions.
9.2. Any act or omission on the part of ParkMagic or its' employees, agents or sub-contractors
falling within Clause 9.1 above shall, for the purposes of this clause, be known as an "Event of
Default".
9.3. ParkMagic's entire liability in respect of any Event of Default shall be limited to damages of an
amount equal to the amount paid to ParkMagic by the Service User pursuant to these Terms and
Conditions.
9.4. ParkMagic shall not be liable to the Service User in respect of any Event of Default for loss of
profits, loss of goodwill, loss of business, loss of opportunity, loss of reputation, loss of and/ or
damage to property or corruption of data or any type of special indirect or inconsequential loss
(including loss or damage suffered by the Service User as a result of an action brought by a third
party) even if such loss was reasonably foreseeable or ParkMagic had been advised of the
possibility of the Service User incurring the same.
9.5. If a number of Events of Default give rise substantially to the same loss, they shall be regarded
as giving rise to only one claim under these General Terms and Conditions.
9.6. The Service User hereby agrees to afford ParkMagic not less than 15 business days (following
notification thereof by the Service User) in which to remedy any Event of Default.
9.7. ParkMagic shall have no liability to the Service User in respect of any Event of Default unless
the Service User shall have served notice of the same upon ParkMagic within 6 months of the date
it became aware of the circumstances giving rise to the Event of Default or of the date when it
ought reasonably to have become so aware.
9.8. Nothing in these provisions shall confer any right or remedy upon the Service User to which
he/she/it would not otherwise be legally entitled.
10. Waiver
10.1 There shall be no waiver of any terms or conditions unless such waiver is evidenced in writing
and signed by the waiving party.
10.2 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.
10.3 The rights and remedies herein are cumulative and not exclusive of any rights or remedies
provided by law.
11. Entire Terms and Conditions
The terms and conditions set out herein (together with the Privacy policy) constitute all the terms
and conditions of the Agreement.
12. Force Majeure
If the use of the TollTag or any Toll Facility is prevented or hindered by any matter beyond the
control of ParkMagic including but not limited to acts of God, acts of government, strikes, lockouts,
industrial disputes or acts of war then the performance of the Agreement shall be suspended
without any liability on the part of ParkMagic until such prevention or hindrance comes to an end.
13. Regulations
13.1 The Local Authority/Road Authority bye-laws and parking and other relevant regulations apply to
all Service Users of the ParkMagic system in the areas concerned.
13.2 The Local Authority/Parking Site Owner/Road Authority can change parking tariffs and conditions
at its discretion without prior warning. ParkMagic shall have no liability to any Service User for any
changes made by local authorities/Road Authority to parking tariffs/Toll Tariffs and conditions.
14. Applicable Law
These General Terms and Conditions are to be governed by and construed in accordance with the laws
of the Republic of Ireland.
15. Disputes
In the event of any dispute between any of the parties arising directly or indirectly from the provisions of
these General Terms and Conditions, such dispute shall, in the absence of agreement between the
relevant parties, be referred to arbitration pursuant to the provisions of the Arbitration Acts, 1954 and
1980 and any amendment, extension or re-enactment thereof. If the parties involved in such dispute
cannot agree as to the appointment of an Arbitrator, the matter shall be referred by such parties or any
of them to the President for the time being of the Law Society of Ireland who shall appoint an Arbitrator
to determine such dispute and whose decision shall be final and binding on the parties.
Schedule 1 Table Of Fees
Fee Type
Amount € Incl VAT
Monthly Account Maintenance
1.23
Topup Fee
1.00
Replacement/Damaged TollTag
20.00
TollTag Upgrade Fee
20.00
Manual Processing Fee
1.00
Per Trip Fee
10%
TollTag New Tag Fee
25.60
B2B Restocking Fee (Per Tag)
3.00
IOU Fee
2.00
Direct Debit Decline Fee
11.00
Replacement Tag Clip
4.00
Change History
TollTag.ie Terms & Conditions Change History
V1 August 2008
First Issue
V2 July 09.
M50 cannot update license plate information in real time.
Added: In the event the TollTag is moved to a different vehicle, immediately update the TollTag.ie
account information to reflect the registration number of the vehicle the TollTag is in. This can be
conducted online or by email to support@parkmagic.net. The User acknowledges and accepts that
changes may take up to 24 hours to take effect on all Toll Roads. Within this 24 hour period the
User remains liable for all Toll Charges levied to the Account by a Toll Road.
V3 July 2012
Added Special Promotions & Dormant Account clause, Removed Laser exemption
Version 4 Nov 22 2013.
Introduce Section 4.8 - Fee & Charge Dispute Process
ParkMagic - Terms & Conditions Change History
Version 6 Nov 22 2013.
Introduce Section 4.8 - Fee & Charge Dispute Process
Combined Terms & Conditions V1 April 2018 Change History
The combined Terms were introduced in April 2017 and the following changes occured at the time
of Merger
TollTag.ie Terms V4 and ParkMagic Terms V6 Merged to Form ParkMagic TollTag - Terms
and Conditions (Combined) V1.0 April 2018
Toll Terms Updated
Added P9. 'Maintain a valid payment method on the account at all times.’
Added Schedule 1. Schedule Of Fees. Removed references to pricing in all other parts of these
T&Cs and collected them all in one Schedule.
Leased TollTags - if you cancel within first 6 months of use then 12 months TollTag fees will apply
Restocking Fee. Applicable to corporate clients only. Applicable if account closed in first 28 days
and before transactions have occurred
Direct Debit. 1st DD 8 working days after request. Each debit after 1st debit takes 3 Working days.
If Bank details change you must contact ParkMagic.
UK - Dartford Tunnel/Mersey Crossing. You can pay these tolls through your TollTag.ie account. In
order to avail of this service you must request the facility to be added to your account by emailing
support@parkmagic.net. You must await confirmation that reg has been added before using the
Dartford Tunnel/Mersey Crossing. This process normally takes 3 working days but can take longer.
A full week is recommended for safety.
eFlow notices - You MUST contact us before solicitors letter. If you do and we can assist then we
will. If you do contact us before then TollTag cannot intervene
Toll Vehicle Registration numbers must be added in toll sections
Topups must be applied at least 3 hours before toll. This may not be sufficient. User acknowledges
it is solely a Toll Road function to update their systems .
Upgrade and downgrade terms substantially simplified
Minor text changes to adapt terms to both toll and parking use
Removal of Decal references from Parking (technology is deprecated)
Terms and Conditions Combined V1.0
1-05-2018 Release version
13/05/2018 Typographical corrections
20/06/2018 EVTI Scheme - Section 4.13
Terms and Conditions Combined V1.1
Amended Section 5.2 -. Clarified that fees are applicable to all topups. Added EVTI section and link
to EVTI scheme rules
Terms and Conditions Combined V1.2
Added IOU Section
Added DD Decline Fee
Terms and Conditions Combined V1.3
• Added Parking Tag Access
• Electric Vehicle Toll Incentive (EVTI) has been renamed Low Emissions Vehicle Toll
Incentive scheme (LEVTI).
Combined Terms & Conditions V1.4 February 2023
• Included fee information for replacement tag clips
• Reworded 4.3.1 to extend interpretation to include the TollTag/ParkMagic account and
manual tag entry
• Added Tag Warranty clause
