Terms and Conditions
Terms and Conditions Important things to keep in mind:
The following page along with any documents cited on it holds the information regarding the terms and conditions.
According to which we offer and provide our services through our website.
Read through the terms and conditions carefully prior to availing any services from us and understand that by availing any of our services, you consent to be bound by these terms and conditions.
Failing to accept these terms will bar you from availing any of the services made available on our website.
Information Regarding Us
1.1. The website is www.Dartfordcrossingcharges.co.uk
1.2. This site is a privately owned company.
1.3. We offer re-evaluation and forwarding service for ‘Dart Charge’ applications against a fixed administrative cost. The applications can also be made directly at www.gov.uk.
1.4. Any messages or communication can be directed to us via electronic mail at our contact page.
2.1. In accordance with clause 8 of this document and your conformity to the conditions set forth in the clause 3, for your payment, we shall be obligated to put our best efforts towards providing you with the subsequent (herein and after referred to as our services.
2.1.1. Re-evaluate, proofread and rectify the information submitted by you through the online `Submission Form´ on our website. The information will be checked for typographical errors and other common mistakes along with any missing details essential for the fulfilment of the requirement of paying the “Dart Charge”. The service will be provided in the set time period as pertains to the type of service availed by you on our website.
2.1.2. If, in accordance with the clause 2.1.1, any errors or missing information is found, you will be contacted for the correct or new information, as the need may be, to be replaced or entered into the Application Form.
2.1.3. After the Submission Form has been re-evaluated (pertaining to clause 2.1.1), modified (pertaining to clause 2.1.2.) and held as complete in all respects to the best of our knowledge, it will be submitted to the Dart Charge (or any organization that may be providing the Dart Charge at that given point of time electronically).
2.1.4. To send you a confirmation through electronic mail regarding the status of the application after it has either been submitted to Dart Charge.
2.2. Our Services will be concluded upon the submission of the re-evaluated application to the Dart Charge (or any organization that may be providing the Dart Charge at that given point of time) and after a confirmation message has been sent electronically to the applicant.
2.4. In case, in accordance with clause 2.1.2., contact with the applicant is necessary, we shall try to establish contact using only the contact details supplied by the applicant. If no response is received from the applicant within two months, the contract between the applicant and us will be terminated and no refund shall be made.
By availing our service, you certify that:
3.1. Payments cannot be refunded and a maximum of 10 trips can be paid in advance
3.2. Payments expire after 12 months
3.3 Payment method details are not recorded
3.4 You also confirm that you are the owner of the vehicle that you wish to pay for and have the permission of the vehicle owner to pay for crossings.
3.3. The information provided by you through the Submission Form on the website is true and accurate.
3.4. Through the submission, you are not using our services to commit any crime or participate in any fraudulent act nor cause any inconvenience to other people.
3.5. While availing the service for a `Third Party´, the Third Party meets the criteria set out in clauses 3.1 and 3.4.
3.6. You authorize us to use the information provided by you to us through the Submission Form on the website or under clause 2.1.2 to submit to the Dart Charge and in case of Third Party or Parties, you have been authorised by them to submit their information to us.
3.7. When availing our services for a Third Party, you assure us against any breach of these terms and conditions by the said Third Party
3.8. Waive your rights to cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, as the service starts straight away.
3.9. Confirm that you have checked all details entered are correct.
4.1. After an order has been placed with us for one of our services and completion of Submission Form by you, you shall be acknowledged via a confirmation email.
4.2. The Contract between you and us is formed after your payment according to clause 8 and our acceptance according to clause 4.1 and failing of either will result in non-formation of the contract.
Refund and Cancellation
5.1. Under the Consumer Contracts Regulations 2013, you have fourteen calendar days to cancel a contract as a consumer. However, as our charges are for the review service we provide, and we provide it much before the end of the fourteenth day, it is not possible to undo our service. By availing our service, you authorise us to provide the service right away and won’t be entitled to cancel once the order is placed.
5.2. The payment made to us for the review service in accordance with clause 8 may not be refunded to you until we have been unable to provide the claimed service, in which case, the refund shall be made in part or full at our discretion
5.3. Any other statuary rights as a customer may not be affected by this provision.
5.4. In accordance with the terms and conditions of the government web site for the Dart Charge there terms apply in all transactions.
Conclusion of Service
6.1. We possess all the rights to cancel or conclude our Contract with you for any reason and at any given time based on our exclusive judgement. A refund will be made in full or a proportionate part of the payment made by you in accordance with the clause 8, if the contract is as such terminated by us.
6.2. No refund will be made in the following events:
(a) Failure to comply with any of these terms and conditions
(b) Failure to remedy any shortcoming upon receiving a notice of the same from us
(c) We believe or have any reason to believe that you have provided false or misleading information
7.1. We will put in our best efforts to provide our services to you within the timeframes mentioned on our website and corresponding to the type of service you choose.
Cost and Payment
8.1 The charges levied for the Services will be £1.50 a transaction, and subject to change without prior notification.
8.2 The rates for Services can be modified at any time. However, these changes will be applicable only on orders being made and future orders.
8.4 Services shall have to be paid for via debit cards or credit cards and the payment must be completed in advance, when the order is being registered. We reserve the privilege to hold back our Services until a payment has been realized in its entirety.
9.1 Clause 9 delineates our full financial accountability (which includes any accountability for the actions or oversights of our employees, subcontractors, consultants and agents) to you, the buyer, with regards to:
(a) Any contractual violations;
(b) Your employing the use of our Services, whether in part or the whole;
(c) Any pledge, representation, oversight or action (inclusive of negligent act or speech) resulting within the structure of or related to the Contract.
9.2. Terms, warranties, guarantees and conditions suggested by the common law or statute are to be considered excluded from this Contract, to the maximum degree allowed by law
9.3. These Conditions do not restrict or exclude our liability:
(a) Negligence resulting in personal harm/ injury or death;
(b) Any damages or liability you have to suffer because of fraudulent misrepresentation or fraud on our part
9.4. Applicable with respect to clause 9.2 and clause 9.3
(a) We will not be held accountable for:
(I) The payment of the Dart Charge not being paid within any specific time period, or at all; or
(ii) Profits lost; or
(iii) Business losses, whether in parts or the whole; or
(iv) Loss of expected savings; or
(v) Goods lost;
(vi); Contract(s) lost;
(vii) Uses rendered unfeasible; or
(viii) Information or data being spoilt or misplaced or lost; or
(ix) Any explicit, implicit, unusual, resultant or absolute fiscal losses, overheads, injuries, fees or payments you might incur.
(x) Any fines or penalties imposed by Dart Charge (or any organization that may be providing the Dart Charge at that given point of time) for late or non-payment.
(b) Our entire accountability with respect to contract, tort (also involving negligent actions or violations of statutory obligations), restitution or misrepresentation resulting with respect to the performance or expected performance promised by this Contract will be limited specifically to the amount paid by you for our Services.
Valid laws and regulations mandate that a portion of the information relayed from us to you must be in the written form. When you choose to employ our website and our services, you are in agreement to the fact that a majority of the correspondence between us and you will be by electronic means.
We shall communicate with you via email or by publishing notices on our website. For the purpose of upholding contractual requirements, you are in acknowledgement of this system and are agreed with the knowledge that all communication from us to you via electronic channels are in accordance with any and all legal mandates that these types of communications must be in the written form. This clause will not have any bearing on your statutory privileges and rights.
If we are to contact you via a notice it shall be sent to the e-mail address given to us by you at the time of ordering Service(s) from us, or in any means mentioned in clause 10. Notices will be considered to be received and satisfactorily served after being published on our website, after a period of 24 hours from when an e-mail is sent. In order to establish the receipt of a notice, or dispatched to the particular and correct e-mail address of the intended recipient (when in electronic form).
Reallocation of Privileges and Responsibilities
12.1 Contracts signed by the two parties are final and binding for parties as well as their chosen assignees and legatees.
12.2 The Contract cannot be reallocated, appointed, altered or in any manner removed by you and you cannot avoid any privileges or responsibilities mentioned therein.
12.3 A Contract can be reallocated, appointed, altered or in any manner removed by us and we may avoid any privileges or responsibilities mentioned therein should we choose to during the period of the Contract.
12.4 From the date and time of the transaction the service will begin. The service will end midnight the following day from the time the service started. The service will be considered completed end midnight the following day from the time the service started.
If in the event and in accordance with section 2.2 contracts with the applicant is necessary, we shall try to establish contact using only the contact details supplied by the applicant.
If no response is received from the applicant within eight hours, the contract between the applicant and us will be terminated and no refund shall be made.
Events beyond Our Influence
13.1 We shall not be held accountable or legally responsible for any inability to execute or any delayed execution of tasks as per our duties stipulated by the Contract, should the said delay or failure be caused by happenings beyond our logical control (hereby referred to as a Force Majeure Event).
13.2 Force Majeure Events are characterized as any deed, happening, non-event, oversight or misfortune occurring outside of our realm of rational control. These events include but are not limited to:
(a) storm, endemic, explosion, flood, subsidence, fire, earthquake and any and all other natural disasters;
(b) delays or complete inability in using public and private means of transport including, but not limited to, shipping, motor vehicles and railways;
(c) Industry trade events and acts such as strikes, protests and lock-outs;
(d) Terrorist attacks or threats of the same, civil turmoil, situations of war (declared or otherwise), invasion, and preparation for war, possibility/ risk of war, rioting;
(e) Official government limitations, legislation, verdicts, rules, acts, sanctions and regulation passed by any government; and
(f) Public and/or private telecommunications networks being rendered unusable.
13.3 During the time the Force Majeure Event occurs, the performance expectations decreed for us by any Contract shall stand temporarily suspended until the Force Majeure Event comes to an end. We shall receive an extension of the same length to perform within. We shall make every reasonable effort to minimize or end the Force Majeure Event or to propose a resolution by way of which we may meet our performance expectations as per the Contract regardless of the Force Majeure Event.
13.4 In case of a technical malfunction resulting in the loss of information and data supplied by you to us via the Application form we shall not be able to complete the Service and you will be eligible to file an application for a fees refund, which shall then be returned to you. You can also choose to provide the information to us again, allowing us to perform fully and provide the completed Service.
14.1 If during any time within the period of a Contract we are unable to maintain firm following of your duties as specified by the Contract or by these terms and conditions of agreement, or if we are unable to employ any of the privileges or rights assigned to us by the Contract, it shall not count as a waiver of the said privileges or rights and it shall not render your contractual duties null and void.
14.2 In the event we choose to waiver a situation or event or happening or default, it shall not be deemed as a waiver of ensuing defaults or situations.
14.3 For any waiver by us with respect to these terms and conditions to be legally binding it shall have to be clearly characterized to be a waiver and will have to be expressed to you in written form, keeping in agreement with the aforementioned clause 11.
If a noted and proficient authority finds any of these terms and agreements, clauses and/or Contract specifications to be unlawful, invalid or unachievable to any degree, the said term(s), clause(s) or Contract specification(s) shall be severed to the specified degree, exclusive of the remnant terms, clauses and Contract specifications, which shall continue to be exercised to the greatest degree validated by law.
16.1 The terms and conditions of agreement mentioned herein and any particular documents specifically identified in here will comprise the entire agreement between you and us and will supersede any and all earlier correspondence, arrangements, agreements, negotiations, discussions, understandings and dealings between you and us with respect to any subject covered by any Contract.
16.2 We are both agreed to that, by way of entering into a Contract, neither of us is dependent upon, or shall have any remedy based on, any guarantee or pledge (made unwittingly or by way of negligence), which is not expressly delineated within these terms and conditions or any of the documents identified by the same.
16.3 Each of us is in agreement to the fact that our only accountability with regards to those warranties and representations specified within this agreement (made unwittingly or by way of negligence) shall be for contract(s) breach(es).
16.4 No part or whole of this clause restricts or is exclusive of any accountability for fraud.
Our Right to Alter and Modify these Terms and Conditions
17.1 We hold the right to modify and alter these terms and conditions over time in order to stay abreast with the changes in the mandates or obligations with regards to Dart Charge and/or similar privileges and the conditions of the same, modifications and advancements in technology, modifications in payment means and ways, alterations in pertinent legal regulations, decrees and laws and alterations and advancements in our system´s performance abilities.
17.2 You shall have to adhere to the terms and conditions and stipulations active at the time you apply for Services from us, unless and until any modification in these terms and conditions or stipulations is mandated by the legal system or by any governmental power, in the event of which the changes shall be valid on any orders made by you earlier.
Law and Jurisdiction
Contracts governing the purchase of Service via our website and any claim or disagreement resulting because of or with respect to the same or the matter discussed therein or formation (this comprises disagreements, disputes and claims not pertaining to or specified within the contracts) shall be handled under the jurisdiction of English law. Any disagreements or claims resulting from or with respect to such Contracts or their creation (non-contractual disputes included) will be considered solely under the jurisdiction of the courts of England and Wales.
Note: the privacy stipulations described and delineated in this privacy statement are with reference to this website exclusively. If you visit links to other websites via us, or otherwise, kindly familiarize yourself with the specific privacy policies of those websites as well.
We gather characteristically recognizable information about people such as names, e-mail addresses, postal addresses, phone numbers, etc. which is voluntarily supplied by people visiting our website. The information supplied by you is required to facilitate your application request to pay the Dart Charge. The information supplied by you is used for the express and exclusive purpose of meeting your particular request. It is used for other purposes only upon receiving complete and express permission and authorization from you to do the same.
This website may employ the use of cookie and tracking technology on the basis of the services/ features provided. This technology is helpful in obtaining data such as the operating system being used, browser variety, and the number of visitors coming to the website and studying how the website is used by different visitors. Cookies are also used to personalize the website experience for visitors. Cookies and tracking technology are not capable of and thus not used to gather personal information. However, it must be noted that if such data or information was supplied by you earlier, this personally identifiable information might be affiliated with particular cookies. Collective information garnered by cookies and tracking technology can and may be distributed to third parties.
We may have to share the information of our applicants with government agencies or other companies supporting us in prevention of fraud or investigation against it. Information may be shared in the following cases:
(a) If required by the law
(b) For the protection of fraud or to prevent it
(c) Investigation of fraud
The information will not be shared with any company for any marketing purposes.
Securing Your Data
Any information that personally identifies the applicants is kept secure under the Data Protection Act. The information will be kept secure and confidential and only accessible to authorized employees, agents and contractors. Any emails and newsletter that are sent to the consumers allow them to opt out of such service.
Privacy Contact Information
We hold all the rights to make any changes to this policy without any prior notice. Any changes to this policy will be posted on this web page, so please check back for updates.
These terms and conditions were last modified on 26/07/2016. (Tuesday The 26th Of July 2016)