General Terms and Conditions of Maut & Vignette B.V.
for the arrangement of toll products from ASFINAG via the digital toll
portal www.vignetteaustria.com
These General Terms and Conditions (hereinafter referred to as "GTC") regulate the use of online services provided by Maut & Vignette B.V. (hereinafter referred to as "M&V").
These General Terms and Conditions (hereinafter referred to as "GTC") regulate the use of online services provided by Maut & Vignette B.V. (hereinafter referred to as "M&V").
- Service Description Maut & Vignette B.V. operates an online booking platform at www.vignetteaustria.com(hereinafter referred to as "digital toll portal") for toll products.
- Scope These GTC in their current form apply to all orders from consumers and businesses (collectively referred to as "Customers") on the digital toll portal relating to digital toll products for Austria from Autobahnen- und Schnellstraßen-Finanzierungs-Aktiengesellschaft, Austro Tower, Schnirchgasse 17, A – 1030 Vienna (hereinafter referred to as "ASFINAG"). Currently, the digital toll products offered by M&V ("ASFINAG products") include digital vignettes only. Consumers are defined as natural persons acting for purposes outside their commercial, business, craft, or professional activities.
- Contractual Relationships in the Digital Toll Portal The presentation of toll products on the digital toll portal does not constitute a legally binding offer but is a non-binding invitation for the Customer to request an order for a digital toll product from M&V. During the order process, Customers conclude a processing contract with M&V, whereby M&V handles the registration of the Customer's vehicle registration number in ASFINAG's toll system. When purchasing an ASFINAG product, a separate and independent legal relationship arises between the Customer and ASFINAG, governed exclusively by ASFINAG's General Terms and Conditions ("ANB"), accessible before purchase via the digital toll portal.
M&V acts as an intermediary, providing general information, assistance, support, and financial processing of the legal relationship concerning ASFINAG products. This includes payment processing and invoicing for Customers. - Deviations from ASFINAG's Contractual Conditions (ANB) Clause 9 of ASFINAG's ANB applies with the following deviations:
• Instead of registration as per clause 9.1 ANB, regular ordering through the digital toll portal is required, including the provision of payment details and billing address.
• Payment, contrary to clause 9.2 ANB, is processed automatically through the payment method provided at the time of ordering or modified later via "Manage Order."
• In case of a failed or declined payment, the Customer receives a subsequent payment request via the provided email address. - Conclusion of Contract Products can initially be added to the shopping cart without obligation, and inputs can be corrected before submitting the order. Clicking the "Order with payment obligation" button means: (i) the Customer submits an offer to conclude a processing contract with M&V ("Order"), and (ii) simultaneously places an order for digital toll products with ASFINAG. Customers explicitly agree by clicking this button that M&V may commence services immediately, and services are considered rendered upon receipt of the digital toll product.
M&V immediately sends an order confirmation via email. This creates a contract for the toll product with ASFINAG and a processing contract with M&V. The available language for contract conclusion is German. - Prices, Fees In addition to ASFINAG's price for digital toll products, M&V charges a service fee. Upon withdrawal or termination of the contract with M&V, the service fee is generally non-refundable once the digital toll product has been provided, unless ASFINAG refunds the Customer's toll product payment, in which case the service fee is fully refunded.
All prices listed on the platform include statutory VAT plus applicable shipping costs. - Payment Procedure By clicking "Order with payment obligation," the Customer instructs M&V to pay the fees owed for the toll products to ASFINAG and simultaneously pays the service fee due to M&V. Payments can be made by credit card (VISA, Mastercard), SEPA direct debit, or PayPal.
- Delivery of Digital Toll Products M&V delivers the digital toll product to the email address provided by the Customer after receiving payment for prices and fees. By sending the email with the link to the digital toll product, M&V has fulfilled its primary contractual obligations.
- Contract Term and Termination The contract term with M&V corresponds to the duration of the Customer’s legal relationship with ASFINAG. Withdrawal from the M&V contract terminates the associated legal relationship with ASFINAG, thus acting as a withdrawal from acquiring the digital vignette according to clause 4 ANB with ASFINAG. The contract with M&V ends upon termination of the Customer’s relationship with ASFINAG at the latest.
- Liability of M&V M&V is fully liable for intentional or gross negligence. For simple negligence, liability is limited to essential contractual duties and typical foreseeable damages. Liability limitations/exclusions do not apply to statutory liability without fault or liability from guarantees or harm to life, limb, or health. Liability limitations extend to legal representatives and agents of M&V and apply to all claims, including tort claims. M&V is not liable for unavailable or malfunctioning internet services and consequential financial losses or damages due to data loss.
- Complaints and Claims For complaints, claims, or queries, contact: [Email Address]
- Alternative Dispute Resolution Consumers may use the EU Commission's Online Dispute Resolution platform (http://ec.europa.eu/consumers/odr/). M&V does not participate in dispute resolution before consumer arbitration bodies.
- Choice of Law and Jurisdiction The legal relationship with M&V is governed by German law, excluding the UN Sales Convention, unless mandatory provisions dictate otherwise. The exclusive jurisdiction for merchants, legal entities under public law, or public special funds is M&V’s registered office. For consumers outside the European Economic Area, jurisdiction is M&V's registered office.
- Severability Clause Should any provision of these GTC be or become invalid or void, the remaining provisions remain unaffected. Invalid or void provisions shall be replaced by a valid provision closest to the original intent. This applies also to filling any contractual gaps.
Cancellation Policy Consumers may cancel contracts within 14 days without reason, effective from the date of contract conclusion. Cancellation must be communicated clearly (e.g., letter or email) to Maut & Vignette B.V., Utrechtseweg 1-G, 3811 NA Amersfoort, Netherlands, Email: [Address].
Cancellation Consequences Payments will be refunded promptly, no later than 14 days from cancellation notice receipt, excluding the service fee if the digital toll product was provided before cancellation.
Model Cancellation Form A cancellation form (non-compulsory) may be used to communicate cancellation to M&V.
- Right of Withdrawal You have the right to withdraw from this contract within 14 days without giving any reason.
To exercise your right of withdrawal, you must inform us:
Maut & Vignette B.V. Utrechtseweg 1-G 3811 NA Amersfoort / Netherlands Email: [Address]
through a clear statement (e.g., a letter sent by mail or an email) of your decision to withdraw from this contract.
To meet the withdrawal deadline, it is sufficient for you to send your communication regarding your exercise of the right of withdrawal before the withdrawal period expires. - Consequences of Withdrawal If you withdraw from this contract, we will refund all payments received from you without delay and at the latest within fourteen days from the day we receive your notification of withdrawal. However, the service fee will not be refunded if the digital toll product was delivered before withdrawal (§ 556 Abs. 4 Nr. 2 lit. a) BGB).
We will use the same means of payment that you used for the original transaction for this repayment unless expressly agreed otherwise with you. In no event will you be charged any fees as a result of this repayment.
Model Withdrawal Form You can use the following model withdrawal form, although this is not mandatory, to communicate your withdrawal:
Maut & Vignette B.V. Utrechtseweg 1-G 3811 NA Amersfoort / Netherlands Email: [Address]
I/We () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods () / the provision of the following service ()
Signature (only if notice is given on paper)
Date
(*) Delete as appropriate.
These terms are automatically translated from the original German version. We cannot be help responsible for mistakes due to translation errors.