Terms & Conditions of Tollbird GmbH – Consumers (B2C)
Version: 24.02.2026
Provider: Tollbird GmbH, Buschelberg 3b, 86420 Diedorf, Germany, email: info@tollbird.com (“Tollbird”)
- Scope
These Terms apply to contracts with consumers (Sec. 13 German Civil Code) covering (i) the rental provision of the Tollbird Device (“Device”) and (ii) related services (in particular activation of toll services, billing and collection of toll/parking charges) (“Services”).
Any deviating customer terms do not apply. - Eligibility / Customer information
Use requires the customer to be at least 18 years old and resident in a country where Tollbird offers the service (in particular EU/EEA; other countries may be shown during checkout).
The customer provides true, complete and up-to-date information (including personal data, contact details and license plate) and keeps it updated. In case of materially false/misleading information, Tollbird may block the service and/or terminate for cause (clause 18.3). - Customer account, credentials, responsibility (“additional users”)
The customer must keep login credentials confidential and protect the account against unauthorized access.
The customer must inform Tollbird without undue delay if there are indications of unauthorized account use or loss/theft of credentials.
The customer is responsible for uses/transactions initiated via the account to the extent attributable to the customer, in particular if the customer grants access to third parties or fails to adequately protect credentials. - Definitions
Device: Hardware rented by Tollbird to the customer for use in supported toll/parking networks.
Activation Service: One-time technical activation/provisioning for the account and Device.
Activation Fee: One-time fee as set out in the Price List.
Annual Fee: Recurring rental/usage fee for the Device and base Services as set out in the Price List.
Third-Party Charges: Toll and parking charges incurred with operators.
Free Flow: Toll sections without barriers where the license plate may be captured automatically.
Plan/Tariff: The chosen plan (e.g., Captain Holiday, Frequent Traveller) as per the Price List.
Price List: The price list displayed during checkout (and upon renewal), including plans, fees and other charges (e.g., Activation Fee, Annual Fee, shipping, any service fees and blocking/handling fees). It forms part of the contract; the applicable version is the one displayed at the time of the order or renewal.
Start Date (relevant billing start date): The order date, as shown in the order confirmation. It is decisive for due dates and renewals of the Annual Fee.
Expiry date (CAD): The Device shows an expiry date (CAD) printed on the Device. At the time of delivery, this date is at least five (5) years in the future. Once the CAD is reached, the Device can no longer be used in the toll/parking network. - Supported countries, operator rules and partner information
Currently supported: Italy, France, Spain and Portugal, including Free Flow sections to the extent supported by operators.
Tollbird may add additional countries; availability will be made transparent prior to use.
For use, the customer must also comply with the key rules of the relevant operators (e.g., lane/vehicle classification, procedures in case of malfunction, ticket/payment procedures, deadlines). Tollbird provides information/links on its website or in the app.
Tollbird does not incorporate all operator terms wholesale. Operator rules apply between customer and Tollbird only to the extent they are mandatory for using the relevant network and have been made accessible to the customer. - Contract conclusion, delivery, non-delivery notice
The contract is concluded when Tollbird confirms the order or ships the Device.
Delivery is made to the address provided by the customer.
Non-delivery notice: If the shipment is marked as delivered but the customer did not receive it, or if the Device has not arrived within 14 days after shipping confirmation, the customer should inform Tollbird in text form (e.g., email) within 14 days after the delivery date shown in the tracking (or after the 14-day delivery window has passed) so that an investigation can be initiated. - Rental nature, ownership, careful handling
The Device is rented, not sold. Tollbird remains owner unless the take-over option in clause 19.3 is used.
The customer must handle the Device with care and protect it from misuse. - Use instructions, installation, no tampering, vehicle class
The customer must follow Tollbird’s use instructions and install/mount the Device correctly (e.g., at the designated position in the vehicle) to enable detection by operator infrastructure (e.g., antennas, license plate recognition). (Important: incorrect mounting/placement may prevent the Device from being detected.)
The Device must not be opened, tampered with, read out, modified or otherwise impaired. Stickers/serial labels must not be removed/covered unless expressly permitted.
The Device is intended for the vehicle categories specified in the plan/Price List; currently typically light vehicles/passenger car classes (regularly up to 3.5 t). The customer must always choose the correct lane/classification per operator rules. Any additional costs caused by misuse are borne by the customer unless mandatory law provides otherwise. - License plate requirement and Free Flow risks
Correct Free Flow use requires a complete and accurate license plate stored in the account.
Example: correct “M-AB 1234”; incomplete/incorrect entries such as “MAB” or “1234” may cause misallocations.
Risk of “fake” plates: If the customer stores a plate that belongs to a third party, toll passages of that third party may be charged to the customer’s account because that plate is stored in the customer account.
Update timing: License plate changes may take effect with a delay depending on operator processes (typically up to 48 hours). - Lending the Device
The customer may lend the Device to trusted persons provided (i) these Terms are complied with, (ii) the correct license plate of the actually used vehicle is stored, and (iii) operator rules are followed.
The customer remains responsible for fees/charges incurred via the account to the extent attributable to the customer. - Activation, Activation Fee
Activation is required and may be performed automatically after the order.
The Activation Fee applies as per the Price List and is separate from the Annual Fee (device rental). - Prices, Price List, Start Date, Annual Fee and renewal
Prices shown during checkout and the Price List apply.
The Annual Fee is due in advance for 365-day periods. The billing period starts on the Start Date (= order date) and renews for further 365-day periods unless effectively terminated.
Other fees (e.g., shipping, service fees, blocking/handling fees) result from the Price List.
Tollbird keeps the applicable Price List version traceable for the customer (e.g., in the account or upon request).
CAD replacement clarification: Replacement of a Device when the expiry date (CAD) is reached under clause 17.5 is independent of the Annual Fee; the activation fee applicable at that time as set out in the Price List applies. - Payments, tokenization and follow-up charges (MIT)
The customer stores a payment method; Tollbird charges it for the Activation Fee, shipping (if any), and the first Annual Fee as per the Price List.
For card payments, strong customer authentication (e.g., 3D Secure) may apply. Tollbird does not store full card data; a token (card-on-file) is stored with the payment service provider.
Follow-up charges (merchant-initiated): Later Third-Party Charges (toll/parking) and any agreed service fees are collected via the stored payment method; amounts are variable.
The customer must maintain a valid and funded payment method at all times. - Third-Party Charges as pass-through, VAT, currency, operator prices
Third-Party Charges are recharged as a pass-through item. Tollbird is the debtor vis-à-vis operators; the customer owes Tollbird reimbursement of the Third-Party Charges incurred.
Third-Party Charges are recharged including applicable local VAT where required by the operator’s rules.
Currency & exchange: Charges are generally incurred in the operator/country currency. If shown/charged in another currency, conversion follows the rules of the payment provider/card issuer.
Operator prices prevail: Operator fees and classifications (vehicle class/lane) prevail. Any app/website displays are estimates for convenience only. The customer must inform themselves about operator rules/fees before use. - Statements/receipts, bundling of transactions, disputes, payment method after return
Tollbird provides statements/receipts primarily electronically.
Tollbird will try to bundle multiple transactions (e.g., by period/operator/country) into a single statement where possible. Depending on operator processes, multiple statements may be necessary.
Disputes: The customer should review statements promptly and notify Tollbird of any discrepancies preferably within 4 weeks after availability (text form is sufficient). This is not a forfeiture/exclusion period; the customer’s statutory rights remain unaffected.
Payment method after return: The customer must keep a valid payment method for at least 30 days after returning the Device or after contract end, as operator charges may be reported/settled with delay. If collection is not possible, the payment obligation remains (e.g., via separate invoice/bank transfer). - Blocking, late payment, collection/assignment, chargebacks
16.1 Temporary blocking
If a charge fails or amounts remain outstanding, Tollbird may temporarily block the account/Device until payment is received. Tollbird will – where possible and reasonable – inform the customer before or without undue delay after blocking and give the customer a reasonable opportunity to update the payment method or settle outstanding amounts.
16.2 Foreseeable payment failure
Tollbird may also block if payment failure is foreseeable, to avoid further outstanding amounts. Payment failure is foreseeable in particular if
a) the stored card is expired or reported invalid and the customer does not update it despite a request, or
b) two consecutive debit attempts (e.g., Annual Fee, monthly fees, or subsequent Third-Party Charges) fail due to insufficient funds/authorisation, or
c) there are other indications that collection will not be possible on an ongoing basis (e.g., repeated “Refused” with relevant PSP feedback).
16.3 Late payment / default interest
If the customer is in default, statutory default consequences apply. Tollbird may charge default interest at the statutory rate (for consumers: 5 percentage points above the base rate).
16.4 Collection / assignment
Tollbird may instruct a collection agency and/or assign claims to third parties. Statutorily permissible enforcement/collection costs may be charged.
16.5 Chargebacks
If the customer initiates a chargeback, this remains a legitimate consumer protection instrument. However, Tollbird may claim reimbursement of a reasonable, specifically evidenced loss/cost actually incurred due to the chargeback to the extent the customer is responsible, e.g., external fees charged by the payment service provider. The customer may prove that no loss or a materially lower loss occurred.
- Defect fallback, operator penalties/adjustments, loss/theft/defect, replacement, battery/CAD
17.1 Defect fallback duty (ticket/alternative payment)
If the Device is not detected at a toll station/Free Flow section or if a malfunction occurs, the customer must immediately follow the operator’s required steps (e.g., help/assistance button, lane change, take a ticket, alternative payment).
The customer must follow operator instructions and local rules (in particular do not reverse, unless expressly permitted).
Any additional costs (e.g., penalties, handling fees, adjustments) resulting from the customer’s failure to follow these steps are borne by the customer unless mandatory law provides otherwise.
17.2 Operator penalties/adjustments – cost allocation and cooperation
If penalties/adjustments/additional charges arise due to (i) wrong lane/vehicle classification, (ii) non-compliance with operator rules, (iii) incorrect/misleading license plate data, (iv) lack of cooperation in malfunctions, or (v) other conduct attributable to the customer, the customer bears such costs.
The customer must cooperate reasonably in clarifying/contesting such items (e.g., providing evidence). Operator deadlines may prevent later corrections.
17.3 Loss, theft, defect – notice and blocking
The customer must report loss/theft/defect without undue delay (text form sufficient). Tollbird may require information for blocking (e.g., account ID, license plate, device/serial number).
Blocking timing: Blocking may take up to 72 hours depending on operator processes. Until blocking becomes effective, Third-Party Charges may still occur and must be reimbursed unless mandatory law provides otherwise.
17.4 Replacement device
Tollbird may provide a replacement device; conditions and any fees (e.g., activation/shipping) follow the Price List. Replacement may require returning a defective device.
17.5 Battery notice, CAD prevails, scheduled CAD replacement
The Device battery typically lasts 5–7 years (depending on usage, temperature and other factors). This is not a guarantee.
The CAD printed on the Device is decisive.
When the Device reaches the CAD, the customer will—provided the contract is active at that time and there are no outstanding amounts—receive a replacement Device upon payment of the activation fee applicable at that time as set out in the Price List. The replacement Device will again have a CAD that is at least five (5) years in the future at the time of delivery. Tollbird may require the return of the expired Device; details will be provided in text form.
- Termination, termination for cause
The customer may terminate at any time in text form. Termination generally takes effect at the end of the current, already paid billing period, unless mandatory law requires an earlier end or Tollbird grants an earlier end as goodwill.
Online termination (termination button): Where the contract can be concluded online via our website, we provide an electronic termination option via a corresponding button (“termination button”) in accordance with statutory requirements. Termination in text form (e.g., email) remains possible.
A new Annual Fee becomes due only if the contract has not been terminated before the next billing period starts.
Termination for cause: Tollbird may terminate without notice for cause, in particular in case of (i) material payment default, (ii) repeated unjustified chargebacks, (iii) misuse/tampering, (iv) materially false information, (v) criminal acts related to the service. - Return, “keep the device” option, disposal
After contract end, the customer must return the Device within 14 days. The customer bears return shipping costs; Tollbird does not provide a return label.
If the Device is not returned, Tollbird may block it and charge a blocking/handling fee as per the Price List; further claims remain unaffected.
Option “Keep the device” (take-over): If there are no outstanding amounts, the customer may keep the Device by paying a EUR 15.00 take-over fee; ownership transfers to the customer. The Device will then be permanently and irreversibly disabled and is no longer usable.
Disposal: The Device contains electronics and a battery. Dispose of it properly as electronic waste (WEEE), not household waste. - Right of withdrawal
Withdrawal Policy
Right of withdrawal: You have the right to withdraw from this contract within 14 days without giving any reason.
Withdrawal period: The withdrawal period will expire after 14 days from the day on which you, or a third party indicated by you (other than the carrier), acquires physical possession of the Device.
How to exercise the right of withdrawal: To exercise the right of withdrawal, you must inform us (Tollbird GmbH, Buschelberg 3b, 86420 Diedorf, Germany, email: info@tollbird.com) of your decision to withdraw by an unequivocal statement (e.g., email or letter). You may use the model withdrawal form below, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication before the withdrawal period has expired.
Effects of withdrawal: If you withdraw, we will reimburse all payments received from you, including delivery costs (except for supplementary costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and not later than 14 days from the day on which we are informed about your decision to withdraw. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; you will not incur any fees as a result.
We may withhold reimbursement until we have received the Device back or you have supplied evidence of having sent back the Device, whichever is the earliest.
Return of the Device: You shall send back the Device without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal. The deadline is met if you send back the Device before the period of 14 days has expired. You bear the direct cost of returning the Device.
Diminished value: You are only liable for any diminished value of the Device resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Device.
Specific note on the Activation Service (service performance during withdrawal period): If you requested that we begin the Activation Service during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you communicated your withdrawal, compared to the full coverage of the contract.
Your right of withdrawal with regard to the Activation Service expires once the Activation Service has been fully performed, provided we started performance only after you gave your express consent and acknowledged that you lose your right of withdrawal once the service has been fully performed.
Model withdrawal form
(To be completed and returned only if you wish to withdraw)
To: Tollbird GmbH, Buschelberg 3b, 86420 Diedorf, Germany, email: info@tollbird.com
I/We () hereby give notice that I/We () withdraw from my/our () contract for the rental of the Device and related Services.
Ordered on () / received on ()
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if notified on paper)
Date
() Delete as appropriate.
- Warranty
Statutory warranty rights apply. - Operator rules & liability
The customer must comply with operator rules and local requirements (including malfunction procedures; see clause 17.1).
Operator systems: Tollbird has no control over operator systems (antennas, barriers, Free Flow cameras, backend). Tollbird is not liable for disruptions/malfunctions/misallocations to the extent Tollbird is not responsible, in particular where the cause lies solely within operator systems/processes.
General liability: Tollbird is liable without limitation for intent and gross negligence, for injury to life, body or health, and under mandatory product liability. In cases of simple negligence, Tollbird is liable only for breach of essential contractual obligations (cardinal duties) and limited to the typically foreseeable damage.
Otherwise, liability is excluded to the extent permitted by law. - Applicability to new orders and renewed contracts
These Terms apply to new orders from the version date. Old terms continue until the end of the current billing period for pre-existing contracts; from the next billing period (each 365 days × n after the Start Date) the contract continues under these Terms unless terminated before then. - Final provisions
German law applies excluding the CISG; mandatory consumer protection rules of the customer’s habitual residence remain unaffected.
Invalid provisions do not affect the remainder.