Algemene voorwaarden

1. Provider and service

The company DMC digital Maut Consulting GmbH (henceforth referred to as "Service Provider / Intermediary") is a German service / intermediary company with its registered office at Hohenstaufenring 62, 50674 Köln. The managing director is André Khreiche.

Before using the registration / intermediation service, please read the following General Terms and Conditions (hereafter 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 is accessible under the URL digitale-vignette-slowenien.de, the registration of the specified motor vehicle (up to 3.5t) for the country selected by the service user is offered to permit the service user to drive on the respective vignette / toll freeways. DMC digital Maut Consulting UG (limited liability) 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 and the costs for the time-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" 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/intermediary.

 

2. Scope of application

The edition of the GTC existing at the time of the service / intermediation claim is decisive. GTC other than these shall not apply. For the aforementioned service / intermediation specifically the terms and conditions written down here apply, if there is no deviating written agreement between the service user and the service provider / intermediary. Special agreements between the service user and the service provider / intermediary are to be prioritized.

 

3. Conclusion of the contract and provision of the service / intermediation

3.1 By offering the service / intermediation in the online store digitale-vignette-slowenien.de, the service user is given the opportunity to make an offer to the service provider / intermediary. 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 / intermediation 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 / intermediation immediately after the service user completes the ordering process. To do this, the service user must actively agree to the early expiration of the right of withdrawal in accordance with section 356 (4) of the German Civil Code (BGB) by clicking an opt-in checkbox on the order overview page, with which he marks the following declaration as read and accepted: "Our Terms and conditions, cancellation policy und consumer information apply, in particular with regard to the early expiration of the right of cancellation upon consent to the immediate execution of the service." The execution of the service / intermediation takes place only if the aforementioned consent is given, the payment process is completed and a repeated license plate confirmation is given (see also point 6 of the GTC). If the payment or license plate confirmation is made on a later day than the selected start date of the product, the service will be performed at the earliest time 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, 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 prices are determined not by DMC Digital Maut Consulting GmbH but by the official toll operators and laws and may differ from the vignette 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 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. All information on the "Cancellation-Protection" is provided to the service user at "https://digitale-vignette-slowenien.de/en/cancellation-protection-information".

 

4. Right of revocation

According to §13 BGB persons referred to by 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:

 

Widerrufsbelehrung

You as the service user 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.

In order 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 sent by post or email) of your decision to withdraw from this contract. You can use the attached withdrawal template for this purpose, which is, however, 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 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 without delay 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. In no case will you be charged any fees 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 have notified us of the exercise of the right of revocation with regard to this contract, compared to the total scope of the services specified in the contract. The calculation of the compensation for the value will be made using the 30/360 day count-convention (each month will be calculated with 30 days, each year with 360 days) on a pro rata basis, based on the price of the service and the elapsed period of validity.

Early 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 contractor has provided the service in full and has only started to perform the service after you, as a consumer, have given your explicit 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 contractor.

Please also note that the validity of Slovenian vignettes can start immediately, as this is not a good but a "toll". Accordingly, there is no right of withdrawal against the official Slovenian toll operator.

- End of the cancellation policy -

 

Cancellation template

If you want to revoke the contract, please fill out this template and send it back.

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

I/we (*) hereby revoke the contract concluded by me/us (*) for the delivery of the following service (order number*)

Ordered on (*)/received on (*)-

Name of the service user

Address of the service user rs

Signature of the service user (only in case of paper communication)

Date

(*) Delete as applicable

 

Important note

In the event of an unauthorized chargeback on the part of 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 from 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 / Intermediary are gross prices in Euro, which are payable by the service user upon the fulfilment of the contract under section 3.1 of the General Terms and Conditions. The prices consist of the fixed fees of the toll products by the Slovenian toll operator and the service / intermediation fee of the service provider / intermediary. A breakdown of the total price is made available to the service user in the consumer information, which he/she must acknowledge before completing the ordering process.

 

6. Obligations of the contracting parties

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

Only by providing correct personal and vehicle data, especially license plate data, is the delivery of the service by the service provider / intermediary correctly possible. Accordingly, the person requesting the service is responsible for any incorrect information, not the service provider / intermediary.

During the ordering process, the service user has to enter the license plate data for which he/she is requesting registration by the service provider, multiple times. 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 confirmation or, if applicable, a change of the licence plates is not carried out by the service user within 15 minutes, the license plates previously entered by the service user will be confirmed by the system and the registration will be carried out.

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 the official toll provider.

The Service Provider / Intermediary shall issue an invoice to the service user upon the latter's request (by clicking a button in the order process), also retroactively.

 

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 responsible 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, email: [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 German law shall apply exclusively to the contractual relationship between the service user and the service provider/intermediary. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws rules of private international law is excluded. This does not affect the mandatory consumer protection regulations of the country in which the service user is domiciled or habitually resident as a consumer.

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

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

 

Status: 16.11.2023