# Terms and Conditions ## 1. General Information The website **www.road-fix.eu** ("the Site", "the Platform") is operated by **SERVICE MOBIL NON STOP S.R.L.**, headquartered in Oradea, Bihor County, Romania ("the Company", "we", "Road-Fix"), registered under Romanian law. Contact details: **office@road-fix.eu** By accessing the Site, creating an account, placing a request, or making a payment on the Site, the user ("User", "Client", "you") declares that they have read, understood, and fully accept these Terms and Conditions ("the Terms"), as well as the Privacy Policy and Cookie Policy, which form an integral part of the Terms. If you do not agree with any provision, please do not use the Site and do not make any payment. These Terms apply to all categories of Platform users: individuals, sole traders, companies, as well as registered service Providers, to the extent applicable to each. ## 2. Description of the Service Road-Fix is a **technology intermediary platform** that facilitates the connection between individuals or companies in need of vehicle breakdown, towing, roadside assistance or related services ("Clients") and independent third-party providers of such services ("Providers" or "Partners"). **Road-Fix does NOT directly provide breakdown, towing, repair or any type of roadside assistance services.** The Company's role is strictly that of a technology intermediary and, where applicable, a collection agent for amounts owed by the Client to the Provider (see Section 4), without performing, technically supervising, or guaranteeing the execution of the service. The scope of the Platform's activity is defined generically and may include, without limitation: vehicle breakdown assistance, towing, roadside assistance, tire change, fuel delivery, vehicle unlocking, battery jump-start, vehicle transport, related roadside intervention services, and any other similar services the Company decides, unilaterally and at any time, to add to or remove from the Platform. ## 3. Relationship with Service Providers 3.1. Providers displayed or contacted through the Platform are independent third-party entities (sole traders, individual enterprises, companies, etc.) and are not subordinate to, employed by, represented by, or otherwise affiliated with the Company. 3.2. The Company does not discretionarily select, operationally supervise, train, or control the manner in which services are provided by Providers. Any administrative check the Company may carry out on Providers (documents, licenses, references) is purely informational in nature and **does not, under any circumstances, constitute a guarantee** of the quality, legality, safety, or conformity of the services provided. 3.3. The contract for breakdown/towing/roadside assistance services is concluded **directly between the Client and the Provider**, the Company not being a party to this contract. The technical conditions of service, response times, and any warranties related to the service actually provided are the sole responsibility of the Provider. 3.4. Any complaint regarding the quality of the service provided, delays, damage to the vehicle, persons or property, or any other matter related to the actual execution of the intervention should be addressed **exclusively to the Provider**. The Company may, upon request and without any obligation, mediate communication between the parties, without thereby assuming any responsibility. ## 4. Pricing and Payment Method 4.1. The price displayed on the Platform for an intervention represents the total amount owed by the Client, which may include the Provider's fee and the intermediation/platform usage commission charged by the Company ("Road-Fix Commission"). 4.2. Payment is made by the Client **to Road-Fix** (via the payment methods available on the Site: bank card, transfer, or other agreed methods), with the Company acting as a collection agent on behalf of the Provider, withholding the Road-Fix Commission. 4.3. The Company transfers to the Provider the amount owed, less the Road-Fix Commission, within the timeframes established by the agreement between the Company and the Provider. 4.4. By making the payment, the Client expressly authorizes the Company to collect the relevant amount into its own account, acting as collection agent, and to forward it to the Provider in accordance with these Terms. 4.5. The Company is not liable for any delays or errors caused by payment processors, issuing banks, or other third parties involved in processing the payment. ## 5. Cancellation and Refunds 5.1. The Client may request the cancellation of an intervention at any time before its completion, via the Platform or by contacting the Company at office@road-fix.eu. 5.2. **A refund of amounts paid to Road-Fix will only be granted where both the Client and the Provider expressly agree to cancel the intervention.** In the absence of agreement from both parties, the amount paid is non-refundable, as the Provider may invoke travel already undertaken, time allocated, resources mobilized, or other costs incurred in preparing to carry out the intervention. 5.3. Where cancellation is agreed by both parties, **cancellation fees** may apply, depending on the stage the intervention had reached at the time of cancellation (for example: Provider not yet dispatched β reduced or no fee; Provider already en route to the location β cancellation fee corresponding to travel costs incurred; Provider already arrived on site β increased cancellation fee or no refund, per the Provider's policy). The exact amount of cancellation fees will be communicated to the Client at the time the cancellation is requested, or displayed on the Platform. 5.4. **The Road-Fix Commission is non-refundable**, regardless of the reason for cancellation, except where the cancellation is caused solely by a technical error attributable to the Platform (e.g., duplicate payment, system error confirmed by the Company). 5.5. The Company reserves the right to mediate the cancellation process between the Client and the Provider, but the final decision to grant or refuse a refund rests, as applicable, with the Provider, or results from the mutual agreement of the parties. The Company cannot be required to issue a refund in the absence of such agreement. 5.6. Any approved refund will be made using the same payment method used for the original payment, within up to 14 business days of approval, unless applicable law provides otherwise. ## 6. Use of the Platform 6.1. The User agrees to provide accurate, complete and up-to-date information when requesting an intervention (location, vehicle type, nature of the issue, contact details, payment details). 6.2. It is prohibited to use the Platform for fraudulent purposes, to submit false requests, to make unjustified payment disputes (chargebacks), or for any activity that could affect the proper functioning of the Site or the rights of the Company or Providers. 6.3. The Company reserves the right to suspend or restrict, temporarily or permanently, access for any User who violates these Terms, without prior notice and without compensation. ## 7. Limitation of Liability 7.1. The Platform is provided "as is" and "as available," without any express or implied warranty regarding uninterrupted operation, error-free functioning, absolute security, or fitness for a particular purpose. 7.2. To the maximum extent permitted by applicable law, the Company **assumes no liability**, direct or indirect, for: - the quality, timeliness, legality, safety, or conformity of services provided by Providers; - material, physical, or other damages arising in connection with a Provider's intervention, including damage to the vehicle, persons, or property; - financial losses, loss of profit, loss of data, or indirect, incidental, special, or consequential damages, regardless of the form of action; - temporary or permanent unavailability of the Site, technical errors, interruptions, cyberattacks, or failures of the platform or IT infrastructure; - the inability to find an available Provider in a given area, time slot, or for a given type of intervention; - the conduct, statements, or omissions of Providers or other Users; - any loss resulting from the use or inability to use the Platform. 7.3. To the extent permitted by law, the Company's total liability to any User, regardless of cause, is limited to the amount of the Road-Fix Commission actually collected in connection with the relevant request. 7.4. Nothing in this section is intended to exclude the Company's liability in cases where applicable law does not permit such exclusion or limitation (for example, in cases of fraud or willful misconduct, or bodily injury caused directly and solely by the Company). 7.5. The Company makes reasonable efforts to ensure the proper functioning of the Platform but does not guarantee uninterrupted or error-free operation. ## 8. Force Majeure The Company is exempt from liability for the non-performance or improper performance of its obligations where this is due to a force majeure event or fortuitous case (extreme weather, natural disasters, major system/internet outages, actions of public authorities, strikes, etc.), beyond the Company's control. ## 9. Intellectual Property The content of the Site (design, text, logo, structure, source code, databases) is the property of the Company or is used under the relevant rights, and may not be reproduced, distributed, modified, or commercially exploited without the Company's prior written consent. ## 10. Personal Data Protection The processing of personal data collected through the Site (forms, account, payments) is carried out in accordance with the **Privacy Policy** available on the Site, and in compliance with Regulation (EU) 2016/679 (GDPR). ## 11. Changes to the Terms The Company reserves the right to modify these Terms at any time and unilaterally, with the updated version to be published on the Site, indicating the date of the last update. Continued use of the Site after the publication of changes constitutes acceptance of those changes. ## 12. Severability If any provision herein is found to be null, invalid, or unenforceable, this will not affect the validity of the remaining provisions, which will continue to be effective. ## 13. Governing Law and Dispute Resolution These Terms are governed by Romanian law. Any dispute will be resolved amicably; failing that, by the competent courts of Romania. Consumers may also use the European Online Dispute Resolution (ODR) platform: https://ec.europa.eu/consumers/odr ## 14. Contact For questions regarding these Terms, you may contact us at **office@road-fix.eu**.