These general terms and conditions apply to the mediation of digital toll products by DMC digital Maut Consulting GmbH. The issuer of the toll product is the state toll operator Autobahnen- und Schnellstraßen-Finanzierungs-Aktiengesellschaft, abbreviated ASFINAG (hereinafter referred to as "Issuer"). By purchasing the toll product, an independent legal relationship is established between the service user (hereinafter referred to as "Customer") and the Issuer. The General Terms and Conditions of the Issuer apply to this legal relationship (https://shop.asfinag.at/en/info-pages/general-conditions-of-use/).
(1) DMC digital Maut Consulting GmbH (hereinafter referred to as "Service Provider") is a German service company located at Hohenstaufenring 62, 50674 Cologne. The managing director is André Khreiche.
(2) The service provider makes available to the customer an online booking platform at the URL digitale-vignette-online.at (hereinafter referred to as "Toll Shop"), via which the customer can purchase a toll product from the Issuer.
These GTC apply in their respective current version to all orders placed by customers via the Toll Shop. Other terms and conditions shall not apply to the use of the service. To the extent that individual contractual agreements have been made between the service provider and the customer, these shall take precedence.
(1) The presentation of toll products in the service provider's Toll Shop constitutes a non-binding invitation to the customer to submit an offer, i.e., an order. In the course of the ordering process, the customer must enter the desired toll product, the desired validity period, vehicle type, and repeatedly enter the license plate number and select a payment method. Only by clicking on the button "Order now" does the customer submit the offer.
(2) The service provider accepts the offer by sending a written order confirmation.
(1) The service offered includes the mediation and handling of the registration of the toll product. The service provider acts exclusively as an authorized intermediary on behalf of the customer towards the Issuer.
(2) After the customer has placed the order and payment has been received by the service provider, the license plate along with the selected toll product, validity period, and vehicle type is registered in the system of the Issuer in the name and on behalf of the customer. The service provider also takes care of paying the fees for the ordered toll product to the Issuer. The documents (invoice and registration confirmation) from the Issuer are provided to the customer upon request.
(3) Registration usually takes place within a few minutes and without waiting periods. However, registration within a few minutes cannot always be guaranteed due to numerous (external) influencing factors.
For providing the Toll Shop, mediating, and handling the registration, the service provider charges the customer a service fee. The amount of the service fee depends on the chosen toll product and is disclosed to the customer in the ordering process as well as in the consumer information.
(1) The registration is confirmed to the customer upon receipt of a registration confirmation. Only then is the registration completed, the service obligations of the service provider fulfilled, and the customer becomes the holder of the toll product individually composed during the ordering process.
(2) The purchase of the toll product establishes a legal relationship between the customer and the Issuer. Claims arising from the toll product itself can only be asserted against the Issuer and not against the service provider, who exclusively ensures the mediation and handling of the registration. Reference is made to the GTC of the Issuer (https://shop.asfinag.at/en/info-pages/general-conditions-of-use/).
(3) Should the customer drive on toll roads without having received the registration confirmation, or after receiving the registration confirmation, drive on toll roads not covered by the selected toll product, and consequently receive one or more penalties for potentially unauthorized use of toll roads, such penalties will not be covered by the service provider.
(4) In the event that the registration confirmation is not received, the service user is obliged to contact customer support.
(1) The customer is responsible for the correct input of data in the ordering process, especially the selection of the toll product, the validity period, and the vehicle type, as well as the entry of the license plate number. A wrong entry is not the responsibility of the service provider.
(2) To prevent an accidental wrong entry, the customer must enter the license plate number multiple times during the ordering process. Before completing the order, the customer must actively confirm the correctness of the license plates within 15 minutes. If the license plates are not correct, the customer can make a change. If the confirmation or, if necessary, a change of the license plates is not carried out by the customer within 15 minutes, the license plates previously provided by the customer are generally confirmed by the system, and the registration is carried out. There is no claim to the automatic confirmation of the license plates.
(3) Should there still be a wrong entry of a license plate despite the aforementioned measures to prevent such an error, the license plate can only be changed within the framework of the conditions specified by the Issuer.
(4) If the payment or license plate confirmation occurs on a later day than the selected start date of the product, the service will be carried out at the earliest possible time. The customer is aware that a registration of his license plates cannot take place retroactively.
(1) All prices stated in the service provider's Toll Shop are gross prices in euros that are due upon conclusion of the contract by the customer. The prices consist of the fixed fees for the toll products of the Issuer and the service fee of the service provider. The composition of the total price is named to the customer in the consumer information, whose acknowledgment must be confirmed by clicking an opt-in checkbox before completing the order process.
(2) Special provision for Austria: Due to specific legal requirements, the service provider is subject to VAT in Austria for services related to products of the Issuer for Austria. Therefore, invoices referring to products issued in Austria include Austrian VAT and not German VAT.
The following cancellation policy applies if you are a consumer within the meaning of § 13 BGB (German Civil Code).
(1) Right of Revocation: You have the right to revoke this contract within fourteen (14) days without giving any reason. The revocation period is fourteen days from the day of the conclusion of the contract.
To exercise your right of revocation, you must inform us, DMC digital Maut Consulting GmbH, Hohenstaufenring 62, 50674 Cologne, info@digitale-vignette-online.at, by means of a clear statement (e.g., a letter sent by post or email) of your decision to revoke this contract. You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
(2) Consequences of Revocation: If you revoke this contract effectively, we will refund all payments we have received from you, including delivery costs (except for additional costs arising because you chose a type of delivery other than the least expensive standard delivery offered by us). The refund by DMC digital Maut Consulting GmbH will be made promptly and no later than fourteen days after we receive the notice of your revocation of this contract, using the same means of payment that you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of such refund.
(3) Value Replacement: If you requested that the services begin during the withdrawal period, you must pay us a reasonable amount, which corresponds to the portion of the services already provided up to the time you inform us of the exercise of the right of withdrawal with regard to this contract, compared to the full scope of the services provided for in the contract. The calculation of the value replacement is done on a pro-rata basis, based on the price of the service and the elapsed period of validity, using the banking method (each month is calculated as 30 days, each year as 360 days).
- End of the Cancellation Policy -
(4) Model Withdrawal Form: The use of a model withdrawal form is not prescribed. If you wish to revoke the contract using this form, please fill it out and send it back.
DMC digital Maut Consulting GmbH, Hohenstaufenring 62, 50674 Cologne
I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following service (order number*)
Ordered on (*)/received on (*)–
Name of the service user
Address of the service user
Signature of the service user (only if communicated on paper)
Date
(*) Delete as appropriate
In the case of an unauthorized chargeback by the service user, such as by initiating a dispute with the payment provider, the service user will receive a reminder that includes the following fees from the respective payment providers: Mollie (includes payment providers Giropay, Sofort, iDEAL, EPS, Transfer, Klarna) 5€, Stripe (Credit Card) 15€, Paypal 5€.
(1) If the customer does not choose the day on which the registration is commissioned as the start date of validity for his toll product, but a date in the future, the customer has the opportunity by clicking on a non-preselected checkbox to add a "Cancellation Protection" to the toll product. The "Cancellation Protection" includes the free cancellation, license plate change, and validity period change up to 240 minutes before the start of validity, as well as the timely registration of the toll product at the start of validity.
(2) For selected products, the Cancellation Protection is always included. In this case, the Cancellation Protection includes the free cancellation until the end of the validity of the selected toll product, provided that the toll product has not been used. Also included are the license plate change and validity period change up to 240 minutes before the start of validity, as well as the timely registration of the toll product at the start of validity. All information about the "Cancellation Protection" is provided to the customer under "www.digitale-vignette-online.at/cancellation-protection-information".
The customer, who has successfully registered a toll product, will receive a reminder email shortly before the end of validity, and about 1 year after the start of validity, of the registered toll product. In this email, the customer is informed that he may need to register a new toll product at that time as an existing customer. By accepting the GTC, the customer expressly agrees to receive both reminder emails. The customer can object to receiving the reminder emails during the ordering process and at any time.
(1) The service provider offers the customer the opportunity to use a cross-border route planner in its online shop to find out with minimal effort which toll products are needed in the respective countries. The route planner currently considers the following countries (as of 03.05.2024): Austria, the Czech Republic, Slovenia, Romania, Hungary, and Switzerland.
(2) The results of the route planner are without guarantee.
(3) It is the responsibility of the customer to inquire about the required toll products and purchase them before driving on a toll road. In particular, the service provider cannot be held responsible if the customer, also due to possibly incorrect results of the route planner, drives on toll roads without an appropriate toll product and consequently receives a penalty. The customer is obliged to observe the respective signage on the roads and to purchase an appropriate toll product when indications of a toll obligation are given, even if the route planner did not indicate a toll product for the driven route.
(1) For annual vignettes and multi-trip toll cards, the customer has the option of automatic re-registration after the expiry of the selected product in the ordering process. If the customer does not wish automatic re-registration, he must click on the preselected checkbox so that it is no longer selected. In this case, the product will not be automatically extended.
(2) The customer is granted a discount on the service fee applicable at the time of re-registration, as mentioned in the ordering process. The fees for the annual vignette and the multi-trip toll cards are not determined by the service provider and may differ from the fees that applied at the time the automatic re-registration was concluded.
(3) By selecting automatic re-registration and completing the order, the customer agrees to the debit of the possibly changed total price, which consists of the service fee and the fee of the annual vignette or the multi-trip toll card. The service provider will create a new order within 30 days before the start of validity of the renewed toll product and debit the possibly changed product price from the customer. The customer will receive an email notification about the creation of the order to the email address provided by him, in which the customer will also be informed about the possibly changed total price.
(4) The final registration usually takes place before the start of validity of the renewed toll product. The exact timing of the final registration is at the discretion of the service provider. The customer will receive a registration confirmation by email as proof of the completed re-registration. Only from this point on is the customer the holder of the renewed toll product. The customer is obligated to contact customer support if he does not receive a registration confirmation. Before re-registration, the customer still has the opportunity to change his license plates.
(5) Registration takes place during such automatic renewals without renewed license plate confirmation. The customer has the opportunity at any time before creating the new order (at the earliest 30 days before the start of validity of the renewed toll product) by clicking on "Cancel subscription" to cancel the automatic renewal of his toll product in his order overview.
(6) Cancellation of the new order is granted to the customer until 14 days after notification about the creation of the new order by email, provided that the total price has changed compared to the previous year. If the total price has not changed, cancellation after the creation of the new order (at the earliest 30 days before the start of validity of the renewed toll product) is no longer possible. Once the registration confirmation is received, an order can no longer be cancelled.
(7) In the event of price increases for toll products by the Issuer, the service provider is still entitled after creating the new order to subsequently demand the amount by which the toll product has increased. If the customer does not carry out the additional payment in this case, there is no entitlement for the customer to the re-registration of his license plates.
For a change of an annual vignette or a multi-trip toll card, the service provider provides a product transfer function. Once the toll product has been successfully transferred to the customer's account with the Issuer, a change of the license plates can be carried out or requested under the provisions of the Issuer. A guarantee for a successful product transfer cannot be given by the service provider.
(1) The service provider reserves the right to investigate suspicions of fraud or the fraudulent obtaining of services and to prosecute them criminally. The service provider also reserves the right to take civil action, such as the recovery of any value replacement initially granted. In addition, the service provider is entitled to exclude the customer from future services in these cases.
(2) The service provider is not obliged to participate in a dispute resolution procedure and is also not willing to do so. However, we are legally required to point out the competent consumer arbitration board:
General Consumer Arbitration Board of the Center for Arbitration e.V., Straßburger Straße 8, 77694 Kehl am Rhein, Phone: 07851 / 795 79 40, Fax: 07851 / 795 79 41, Email: mail@verbraucher-schlichter.de, Website: https://www.verbraucher-schlichter.de/start
The European Commission also provides a platform for out-of-court online dispute resolution (ODR platform) at www.ec.europa.eu/consumers/odr.
(3) The contractual relationship between the customer and the service provider is exclusively subject to German law. The application of the UN Sales Convention and the conflict of laws provisions of International Private Law is excluded. This does not affect the mandatory consumer protection provisions of the country in which the customer, as a consumer, has his residence or habitual abode.
(4) For all rights arising from the contractual relationship between the customer and the service provider, the place of jurisdiction is the headquarters of the service provider. It is different if the customer is a consumer. In that case, the place of jurisdiction is the residence of the customer. Even with a consumer, the place of jurisdiction can exceptionally be the headquarters of the service provider if the customer does not have a general place of jurisdiction in Germany, the customer has relocated his residence or usual place of residence from the country after the conclusion of the contract, or the residence or usual place of residence of the customer is not known at the time of the filing of the lawsuit.
(5) In the event of partial invalidity of the aforementioned GTC, the concluded contract between the customer and the service provider and the remaining GTC shall continue to apply. The ineffective provisions will then be replaced accordingly by statutory provisions that come closest to the original rules in content. This also applies to any unresolved contractual aspects.
Date: 19.12.2024
