Splošni pogoji

1. Provider and service

DMC digital Maut Consulting GmbH (hereinafter referred to as the "service provider") is a German service company with its registered office at Hohenstaufenring 62, 50674 Köln, Germany. The managing director is André Khreiche.

Before using the registration service, please read the following general terms and conditions (henceforth referred to as "GTC"). A download of the GTC is possible via your browser.

In the online store set up by DMC digital Maut Consulting GmbH, which can be reached under the URL digitale-vignette-online.at, the registration of the specified car (up to 3.5t) / motorcycle license plate for the respective country selected by the service user is offered to the obligation to enable the service user to drive on the respective vignette / toll freeways. DMC digital Maut Consulting GmbH explicitly acts only as an intermediary between the claimant and the official toll authority of the country, so that a contract is concluded between the claimant and the official toll authority of the country. For the intermediation, the service provider / intermediary receives a intermediation commission. Information about the commission is made available to the service user in the consumer information. Acknowledgement of the fee must be confirmed by the service user by clicking on an opt-in checkbox in the order process.

The license plates are registered in the respective official toll systems of the countries in the name of the company, but on account of the service user, and the costs for the time or mileage-dependent use of the respective route are paid to the respective toll operator. The registration takes place within a few minutes.

By registering the license plate, the service user acquires a "digital vignette" or "digital route toll" in the official toll store of the respective country and thus no longer needs an adhesive vignette. The service user can register his license plates for different periods of time.

DMC digital Maut Consulting GmbH is not an official sales partner of the respective toll operators, but an independent service provider. The service user will also be provided with the original documents (invoice and registration confirmation) of AsfinAG upon request.

 

2. Scope of application

The edition of the GTC, existing at the time of the service utilization is decisive. No other terms and conditions than these GTC shall apply. For the above-mentioned service the GTC written here are valid, if there is no other written agreement between the service user and the service provider. Special agreements between the service user and the service provider shall be prioritized.

 

3. Conclusion of the contract and provision of the service

3.1 By offering the service in the online store digitale-vignette-online.at, the service user is given the opportunity to make an offer to the service provider. By ordering the registration of the license plate of the service user, the latter expresses a declaration of intent on the conclusion of a contract with the service provider / intermediary on the registration of the respective license plate, not on the purchase of the toll product. The contract for the purchase of the toll product is concluded through the intermediary, between the service user and the official toll authority of the country. The contract is concluded when the service provider / intermediary sends a written order confirmation to the service user.

3.2 The subject of the service is, among other things, the registration of the service user's license plates in the toll systems of the respective countries, which is usually performed within a few minutes and without waiting periods of, for example, several days. The service provider starts providing the service immediately after the service user completes the ordering process. For this purpose, the service user, if he is an Austrian consumer (customers domiciled within Austria and/or customers with a vehicle with an Austrian license plate), must click on an opt-in checkbox with which he marks the following declaration as read and accepted: „I agree to the terms and conditions, the cancellation policy and the consumer information." A non-Austrian consumer (customers domiciled outside of Austria and/or customers with vehicles with non-Austrian license plates) must for this purpose actively agree to the early termination of the right of withdrawal in accordance with §356 paragraph 4 BGB by clicking an opt-in checkbox on the order overview page, with which he marks the following declaration as read and accepted: „I agree to the terms and conditions, the cancellation policy and the consumer information. I agree and expressly request that you begin the execution of the ordered service before the end of the withdrawal period. I am aware that I lose my right of withdrawal upon complete fulfillment of the contract by you." The execution of the service takes place only if the aforementioned consent, which applies to the respective customer, is given, the payment process is completed and a repeated license plate confirmation is given (see also point 6 of the GTC). Should the payment or license plate confirmation take place on a later day, than the selected start date of the product, the execution of the service will take place at the earliest possible time. The service user is thereby aware that a registration of his license plates can not take place for the past.

The registration is confirmed to the service user upon receipt of a registration confirmation, only then the registration is completed and the service user is entitled to drive on toll roads. Registration within a few minutes cannot always be guaranteed due to numerous (external) influencing factors. In case of non-receipt of the registration confirmation, the service user undertakes to contact the Customer Support. If the service user drives on toll roads without receiving the registration confirmation and receives one or more penalties for possibly unauthorized use of toll roads, the respective penalties cannot and will not be borne by the Service Provider. By clicking the opt-in checkbox, the service user accepts the Service Provider's GTC.

3.3 For annual vignettes and annual route tolls, the service user has the option of automatic re-registration of the specified license plate number during the ordering process after the selected product expires. If the service user does not want automatic re-registration, they must click on the pre-selected checkbox so that it is no longer selected. In this case, the product will not be automatically renewed. The service user is granted a discount on the future applicable service fee, which is mentioned in the ordering process, for the automatic re-registration. The future official vignette / route toll prices are determined not by DMC Digital Maut Consulting GmbH but by the official toll operators and laws and may differ from the vignette / route toll prices that were in effect at the time of automatic re-registration. By selecting automatic re-registration and completing the order, the service user agrees to the debiting of the total price, which may have changed, consisting of the service fee and vignette / route toll price. The service provider creates a new order within 30 days before the validity start of the toll product to be extended and debits the possibly changed product price from the service user. The service user receives an email notification at the email address provided by them, which informs them of the possibly changed total price when the order is created. The final registration usually occurs before the start of the extended toll product's validity. The exact timing of the final registration is at the discretion of the service provider. The service user receives a registration confirmation by email as proof of the re-registration, and they are only entitled to use toll roads from this point onward. Without receiving the registration confirmation, the service user is not authorized to use toll roads! In this case, the service user undertakes to contact the customer support. Before re-registration, the service user still has the option to change their license plates. In the case of automatic renewal, registration is done without the need for a new license plate confirmation (see section 6 of the terms and conditions). The service user has the option to cancel the automatic renewal of their toll product at any time before creating the new order (at least 30 days before the validity start of the toll product to be extended) by clicking on "Cancel Subscription" in their order overview. Cancellation of the new order can be granted to the service user until 14 days after receiving notification of the new order by email if the total price has changed from the previous year. If the total price has not changed, cancellation is no longer possible after creating the new order (at least 30 days before the validity start of the toll product to be extended). After receiving the registration confirmation, an order cannot be canceled. In the event of price increases for toll products by the respective official providers, the service provider is still entitled to demand the amount by which the toll product has increased, even after creating the new order. If the service user does not make the payment in this case, they are not entitled to re-register their license plates.

3.4 If the service user does not select the day on which the registration is ordered by him/her as the validity start date of his/her toll product, but a date in the future, the service user has the option to add "Cancellation-Protection" to the toll product by clicking on an unselected checkbox. The "Cancellation-Protection" includes free cancellation, license plate change and validity period change up to 30 minutes before the validity start time as well as punctual registration of the toll product at the validity start time. Cancellation protection is always included for selected products. In this case, cancellation protection includes free cancellation up to the end of validity of the selected toll product if the toll product has not been used. Also included are license plate changes and changes to the validity period up to 30 minutes before the start of validity as well as the punctual registration of the toll product at the start of validity. All information on the "Cancellation-Protection" is provided to the service user at "https://digitale-vignette-online.at/en/cancellation-protection-information".

 

4. Right of withdrawal

According to §13 BGB persons in the sense of this law have a legal right of withdrawal when concluding a distance selling transaction. DMC digital Maut Consulting GmbH informs about this right according to the legal requirements:

 

Cancellation policy

You as a service recipient have the right to revoke this contract within fourteen 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 withdrawal, you must inform us, DMC digital Maut Consulting GmbH, Hohenstaufenring 62, 50674 Köln, [email protected] by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. For this purpose, you may use the enclosed sample revocation form, which, however, is not mandatory.

To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

Consequences of the revocation:

If there is an effective revocation, we will refund all payments we have received from you, including delivery costs. This does not apply to the costs that you have incurred additionally because you have chosen a different type of delivery than the cheapest standard delivery offered by DMC digital Maut Consulting GmbH. The refund by DMC digital Maut Consulting GmbH will be made immediately and at the latest within 14 days after receipt of the revocation and by means of the same means of payment that you used for the payment, unless otherwise expressly agreed with you. You will not be charged any fees in any case because of this repayment.

Value replacement:

If you have requested that we commence with the services during the revocation period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which you notify us of the exercise of the right of revocation with regard to this contract compared to the total scope of the services provided for in the contract. The calculation of the compensation for the value will be made using the banking method (each month will be calculated at 30 days, each year at 360 days) on a pro rata basis, based on the price of the service and the elapsed period of validity.

Right of withdrawal for non-austrian consumers (customers with residence outside of Austria and/or customers with vehicles with non-austrian license plate)

Premature expiration of the right of withdrawal:

The right of withdrawal shall also expire in the case of a contract for the provision of services if the Entrepreneur has provided the service in full and has only started to perform the service after you, as the consumer, have given your express consent to this and at the same time confirmed your knowledge that you will lose your right of withdrawal upon full performance of the contract by the Entrepreneur.

According to the jursdiction by the regional court of Regensburg (reference number ''1 HK O 1116/22'', verdict from the 28th of March 2023), the service, as described above, is considered fully performed, as soon as the registration of the license plate of the user by the service provider is completed and confirmation is provided to the service user. In this case, the right of withdrawal expires prematurely.

Right of withdrawal for austrian consumers (customers with residence inside of Austria and/or customers with vehicles with austrian license plate)

For austrian consumers the right of withdrawal is fully granted in accordance with the current austrian jurisdiction.

The systematic abuse of the right of withdrawal is vexatious, since exercising the right of withdrawal does not include a one-sided regulation. The service user is also obliged to return obtained the goods or benefits. If the obtained toll product is used despite completed withdrawal, the suspicion of fraud or fraudulent acqusition of services can be raised. The Fa. DMC Maut Consulting GmbH will persecute such suspicions vigorously and press charges where neccessary.

- End of the cancellation policy -

 

Sample cancellation form

If you wish to cancel the contract, please fill out this form and return it to us.

Company DMC digital Maut Consulting GmbH, Hohenstaufenring 62, 50674 Köln, Germany

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 recipient

Address of the service recipient

Signature of the service recipient (only in case of paper notification)

Date

(*) Delete as applicable

 

In the event of an unauthorized chargeback by the service user, for example by opening a dispute case with the Payment Provider, the service user will receive a reminder containing the following fees of the respective Payment Providers: Mollie (includes payment providers Giropay, Sofortüberweisung, iDEAL, EPS, Überweisung, Klarna) 5€, Stripe (credit card) 15€, Paypal 5€.

 

5. Prices and due date

All prices stated in the online store of the service provider are gross prices in Euro, which are payable by the service recipients upon fulfilled conclusion of the contract from point 3.1 of the GTC. The prices consist of the fixed fees of the toll products of AsfinAG and the service fee of the Service Provider. A breakdown of the total price is provided to the Service Recipient in the Consumer Information, which the service recipient must acknowledge before completing the ordering process.

 

6. Obligations of the contracting parties

By requesting the service, the service recipient assures that he/she is authorized to commission the service.

Only by providing correct personal and vehicle data, especially license plate data, is it possible for the service provider to perform the service correctly. Accordingly, incorrect information is the responsibility of the service recipient, not the service provider.

During the ordering process, the service user repeatedly enters the license plate number, the registration of which he/she requests from the Service Provider. Before completing the order, the service user must again actively confirm the correctness of the license plates within 15 minutes. If the license plates are not correct, the service user can make a change. In this way, the service provider attempts to prevent incorrect entry of the licence plates. If the service user does not confirm or change the license plate number within 15 minutes, the license plate number previously provided by the service user is usually confirmed by the system and the registration is carried out. The service user is not entitled to automatic license plate confirmation.

If, despite the aforementioned measures to prevent incorrect entry of a license plate by the service user, an incorrect entry is made, the license plate can only be changed within the scope of the conditions specified by AsfinAG.

The service provider provides a product transfer function for changing an annual route toll or an annual vignette. After the toll product has been successfully transferred to the service user's AsfinAG account, a change to the license plates can be made / requested under the provisions of AsfinAG. A guarantee for a successful product transfer cannot be given by the service provider.

The service provider shall issue an invoice to the service recipient upon the service recipient's request (by clicking a button in the order process), also retroactively.

The company DMC Maut Consulting GmbH reserves the right to investigate suspicious circumstances with regard to fraud or the fraudulent use of services and to bring these to criminal charges. DMC Maut Consulting GmbH also reserves the right to initiate measures under civil law, such as reclaiming any compensation for value that may have been initially granted. In addition, DMC Maut Consulting GmbH is entitled to exclude the customer in these cases from the use of future services.

 

7. Final provisions

7.1 DMC digital Maut Consulting GmbH is not obliged to participate in a dispute resolution procedure and is not willing to do so. However, we are legally obliged to refer to the competent consumer arbitration board:

General Consumer Arbitration Board of the Centre for Arbitration e.V., Straßburger Straße 8, 77694 Kehl am Rhein, Phone: 07851 / 795 79 40, Fax: 07851 / 795 79 41, E-Mail: [email protected], Website: https://www.verbraucher-schlichter.de/start

At www.ec.europa.eu/consumers/odr, the European Commission provides a platform for out-of-court online dispute resolution (ODR platform).

7.2 The contractual relationship between the service recipient and the service provider shall be governed exclusively by German law. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws rules of private international law shall be excluded. This shall not affect the mandatory consumer protection provisions of the country in which the service recipient has its domicile or habitual residence as a consumer.

7.3 The place of jurisdiction for claims arising from the contractual relationship between the service user and the service provider shall be the service provider's principal place of business. The situation is different if the service recipient is a consumer. In this case, the place of jurisdiction shall be the place of residence of the service recipient. Even in the case of a consumer, the place of jurisdiction may exceptionally be the head office of the Service Provider if the Service Recipient does not have a general place of jurisdiction in Germany, the Service Recipient has moved its place of residence or habitual abode outside Germany after conclusion of the contract, or the place of residence or habitual abode of the Service Recipient is not known at the time the action is filed.

7.4 In the event of partial invalidity of the aforementioned GTC, the contract concluded between the service user and the Service Provider as well as the remaining GTC shall continue to apply. The invalid provisions shall then be replaced accordingly by statutory provisions that come closest to the original rules in terms of content. This shall also apply to any existing unresolved contractual aspects.

 

Status: 18.01.2024