GTC
General Terms and Conditions of mautwelt GmbH
Status: 01.03.2022
1. Scope of application
These General Terms and Conditions of Business of mautwelt GmbH (GTC) apply in their current version. They apply to the entire business relationship between the mautwelt customer (customer) and mautwelt GmbH (mautwelt). After the termination of the business relationship, these GTC continue to apply until the final settlement of the business relationship. Any terms and conditions of the customer never become part of the contract, even if mautwelt does not explicitly contradict them.
2. Conclusion of the contract
2.1 A prerequisite for the conclusion of a contract between mautwelt and the customer is that the customer is a natural person with unlimited legal capacity who has reached the age of 18 or a legal entity that has its residence or registered office in a country listed during registration at www.mautwelt.de (hereinafter referred to as the "customer"). Insofar as the offer of an unaccepted customer was accepted inadvertently, mautwelt is entitled to declare its withdrawal from the contract to the customer within a period of seven working days. When placing an order, the customer must provide truthful information regarding his identity and the information requested in each case. If the customer does not comply with this obligation, mautwelt is entitled to withdraw from the contract. Furthermore, mautwelt expressly reserves the right to assert any resulting damages.
The customer's order via the mautwelt website constitutes an offer to mautwelt to conclude a purchase contract. When the customer places an order with mautwelt, mautwelt sends the customer an e-mail with the order details. This order confirmation does not represent an acceptance of the customer's offer but is only intended to inform the customer that his order has been received by mautwelt. A purchase contract is only concluded when mautwelt ships the ordered product or the toll product to be provided to the customer and confirms the shipment to the customer with a second e-mail (shipment confirmation).
2.2 Deliveries and services are generally made in the name and for the account of mautwelt, which acquires the corresponding delivery or service beforehand from its corresponding service partner. If, in exceptional cases, prior acquisition of the respective delivery or service by mautwelt from the respective service partner is not possible for legal or factual reasons, mautwelt will mediate the service partner's performance for the customer. In this case, mautwelt provides the performance of the contractual obligations to the service partner on behalf of the customer and acquires the claim for expenses and compensation from the customer. The latter applies in particular to the payment of state levied tolls, which cannot be purchased due to their actual or legal nature. In these cases, the customer instructs mautwelt to pay the tolls owed by him to the corresponding toll operator in his name and for his account. From this order, mautwelt acquires a claim for expenses and reimbursement against the customer, which it collects from the respective customer in its own name. The customer is obligated to reimburse mautwelt for the corresponding claims plus the fees specified in section 4 and 5.
mautwelt is entitled to carry out registration and administration (e.g. change of vehicle and customer data) for the customer vis-à-vis the service partner and to conclude legal transactions for this purpose if they correspond to the actual or presumed will or interest of the customer.
2.3 The contractual relationship is concluded for a period of one year, calculated from the date on which the toll box is sent to the Customer ("fixed term"). It shall be extended by one year at a time if it is not terminated by one of the contracting parties at least one month before the end of the fixed term. The contract may be terminated by the Customer by returning the toll box. The date of receipt of the toll box by the recipient of the declaration shall be decisive for compliance with the notice period.
2.4 Termination for good cause without notice is permitted at any time. Good cause entitling maut1 to terminate the contract may include, in particular, misuse of the toll box by the customer, return debit notes, default in payment, the occurrence of payment difficulties (impending financial collapse), securities not provided within a reasonable period of time or increased securities or the deterioration of the value of securities provided, insofar as this jeopardises the fulfilment of claims, as well as gross violations of the obligations incumbent on the customer under these general terms and conditions of contract for which the customer is responsible. If the important reason is a breach of contract by the customer, termination is only possible after the unsuccessful expiry of a reasonable period set for remedial action or an unsuccessful warning, unless this is dispensable taking into account the respective interests. The toll box is valid during the existence of the contractual relationship until the last day of the expiry month.
2.5 After termination of the contractual relationship, maut1 is entitled to block the corresponding toll box at a charge.
3. Right of revocation, exclusion of revocation
3.1 Cancellation policy
The contractual declaration can be revoked in text form (e.g. letter, online form) within two weeks without giving reasons, stating the customer number and order number. The period begins at the earliest with receipt of the goods and not before receipt of this instruction. The timely dispatch of the revocation is sufficient to comply with the revocation period.
If the customer has accepted the offer of a digital vignette, the validity of which begins before the expiry of the fourteen-day revocation period beginning with the conclusion of the contract (e.g. 10-day vignette) and has expressly requested during the conclusion of the order process or otherwise that mautwelt already begins with the performance of the service before the expiry of the fourteen-day revocation period, the customer must, if he exercises his right of revocation, pay compensation for the value of the service provided until the revocation (see 3.2 Consequences of Revocation). With the complete provision of the service by mautwelt before the end of the fourteen-day revocation period, the right of revocation expires, provided that the customer has given his express consent before the start of the service and has simultaneously confirmed that his right of revocation expires with the fulfillment of the contractual obligation by mautwelt.
Prior to completion of the order process, this will be pointed out again and the customer can only complete the order if he/she explicitly agrees to these provisions.
The revocation can be sent by letter to the following address:
mautwelt
GmbH
Eduard-Rüber-Strasse
7
83022 Rosenheim
Germany
or
be filed online at:
www.mautwelt.com/contact
3.2 Consequences of revocation:
In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived (e.g. a usage fee for the use of the item) shall be surrendered. If it is not possible for the customer to return the received performance in whole or in part, he is obliged to pay compensation.
3.3 Exclusion of the right of revocation
A right of revocation does not exist for contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
4. Billing, fees
The basis for the calculation is the list prices of mautwelt valid on the transaction day on the day of the order, as well as the prices of the service partners and the fixed toll of the respective toll operator on the day of the service provision. mautwelt generally charges in Euros (€), but can also demand payment in other currencies. In addition, mautwelt charges service surcharges and fees according to the current price list. The currently valid prices are shown on the mautwelt website next to the corresponding product.
All bank charges incurred in domestic and foreign payment transactions must be borne by the customer. Checks are not accepted.
Bank charges incurred due to unauthorized direct debit protests, returned direct debits or credit card chargebacks are to be reimbursed in full to mautwelt by the customer.
5. Payment methods, chargebacks/ chargebacks
The payment methods accepted by mautwelt can be found under the following link: www.mautwelt.de. The information provided there is an integral part of these General Terms and Conditions.
Chargebacks are reversals in the area of credit card payments. Depending on the reason given by the card-issuing bank (the customer's bank), the processing of a chargeback costs 35 Euros.
If an unauthorized chargeback is made by the customer, mautwelt is entitled to charge all costs incurred to the customer.
This also applies to the unauthorized chargeback of a submitted direct debit (chargeback). The fees incurred vary depending on the place of residence (home country) of the customer and can amount to up to 35 EUR per transaction.
Likewise, mautwelt reserves the right to pass on the fees incurred to the customer in the event of an uncovered credit card or bank account.
In order to avoid additional costs, we recommend that our customers contact us in advance by e-mail in the event of complaints of any kind: [email protected].
The customer is responsible for ensuring that the means of payment specified by him/her is active until at least three months after the return of the toll box and that payments can be debited from it or settled.
6. Delivery and freedom of delivery
Neither mautwelt nor its respective service partners are obligated to conclude individual contracts for the provision of services or deliveries with the customer. Such an obligation only arises with the conclusion of the respective individual contract. Any information regarding the delivery period is non-binding unless the delivery date has expressively been bindingly promised.
7. Payment obligation of the customer and retention of title
The customer's payment obligation arises upon conclusion of the contract. If mautwelt and the customer have not agreed on a different payment term, all claims that mautwelt acquires against the customer are generally due for payment immediately. mautwelt retains ownership of delivered goods until full payment of the purchase price and all other claims arising from the business relationship. In the event of late payment, non-redemption of direct debits, check or bill protests, the total claim is immediately due for payment and is subject to interest at 8 percentage points above the base interest rate for the duration of the delay. The assertion of further damage caused by default remains unaffected.
However, the customer reserves the right to prove a lesser damage. In individual cases, mautwelt is entitled to demand appropriate financial securities from the customer at any time upon request.
All invoices are sent to the customer's specified e-mail address. An exception to this payment agreement is only possible between mautwelt and the customer directly and requires a prior agreement in text form.
The customer selects a valid payment method on the mautwelt website through which all payments are settled. If settlement via the selected payment method is not possible, the customer will be informed of this by e-mail.
The process automatically transfers into collection process if the customer does not comply with the request to check or update the payment data in his customer portal. In the dunning process, all of the customer's open transactions are immediately due and payable.
If all attempts by mautwelt to request payment from the customer are unsuccessful and there is no response from the customer for clarification, mautwelt GmbH reserves the right to transfer the claim to an external collection agency.
In the area of debt collection, mautwelt GmbH works together with Creditreform Rosenheim, Ganzmüller & Groher KG, which continues to enforce the claim against the customer. After a transfer to Creditreform, the payment including the costs incurred for this must be settled by the customer to Creditreform.
The handover to a debt collection agency may have negative effects on the creditworthiness of the customer.
The customer must keep all of his or her data and in particular his or her e-mail address in the customer portal up to date at all times, since all communication with mautwelt is handled via this address.
The customer only has a right to offset if his counterclaims have been legally established or recognized by mautwelt. The customer never has a right of retention.
8. Invoice verification and complaint
Services and goods purchases registered by means of electronic products are deemed to have been received upon receipt by the customer. The customer must check the mautwelt invoices immediately and report any complaints in writing within four weeks of the invoice date at the latest, stating all the data objected to in the invoice and the full reasons. After this time period the invoice is deemed to have been approved by the customer, unless it can be proven that it was impossible to check the invoice through no fault of the customer.
9. Liability
9.1 With regard to the services obtained from mautwelt directly the customer is entitled to the statutory warranty rights.
9.2 The statutory limitation periods for claims for defects apply to defects in the ordered goods. Any manufacturer warranty shall not affect the claims for defects.
9.3 Complaints regarding the quality and/or quantity of the goods/services must be notified to mautwelt by e-mail no later than 3 days after receipt by the customer.
9.4 mautwelt shall only be liable for damages in the event of intent or gross negligence. This limitation of liability does not apply to damages based on injury to physical health or life. mautwelt is not liable for consequential damages. This includes, in particular, loss of profit or other financial losses.
10. Processing of data and data protection
mautwelt processes customer data, in particular data from the contractual relationship, exclusively within the framework of data protection regulations (e.g. BDSG and/or EU Data Protection Basic Regulation, in particular Art. 6). Subject to the permissibility under data protection law, this also includes the processing and/or transmission of data to third parties (e.g. service partners) who act on behalf of mautwelt within the framework of the applicable provisions and corresponding guarantees. Further information on data protection is available at
Order processing is carried out within mautwelt and service partners with the aid of automatic data processing. mautwelt stores the data from the contractual relationship in accordance with Section 28 of the Federal Data Protection Act for the purpose of data processing and reserves the right to transfer this data to third parties (e.g. service partners) insofar as this is necessary for the fulfillment of the contract. The customer hereby gives his express consent to the processing of data that has become known to mautwelt in the course of contractual relations and is necessary for order processing. Furthermore, the customer agrees that mautwelt may also forward the data received from the business relationship with him in the sense of the Federal Data Protection Act for business purposes of mautwelt to its service partners, for their use in the context of the specific order processing.
11. Electronic invoicing
Invoices are generally issued in electronic form. The invoice is sent to the customer via e-mail. If the customer requests an extraordinary invoice by mail, mautwelt is entitled to charge an additional fee of EUR 10,- net per invoice for this.
The customer accepts the replacement of the invoice in paper form by electronic form and acknowledges its legally binding nature.
12. Updating of customer information
The customer is obligated to notify mautwelt immediately of any changes to his address, contact information and to always update his customer data. The customer must compensate mautwelt for any damage resulting from a breach of this notification obligation.
13. Applicable law and place of jurisdiction
The material law of the Federal Republic of Germany applies exclusively to all legal relationships between mautwelt and the customer as well as to these General Terms and Conditions. The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
The place of jurisdiction for all disputes arising from the business relationship - even after its termination - is Traunstein (Germany), even if the customer is a legal entity under private or public law or a special fund under public law.
14. Additional conditions
In addition to these General Terms and Conditions, the respective valid terms and conditions of our partners shall apply, which are accepted by customers by placing an order and are included in the contract.
For the following countries, the respective linked GTC of our partners apply as follows:
Austria
https://shop.asfinag.at/de/infoseiten/allgemeine-nutzungsbedingungen/
https://shop.asfinag.at/en/info-pages/general-conditions-of-use/
Slovenia
https://evinjeta.dars.si/selfcare/api/document/download-general-terms-and-conditions?language=de
Czech Republic
https://edalnice.cz/wp-content/uploads/DE_Zahlungsbedingungen.pdf
https://edalnice.cz/wp-content/uploads/EN_Payment_conditions.pdf
Hungary
https://maut-tarife.hu/api/uploads/e_vignette_agb_benutzer_2022_10_22_pdf_dd03547dbf.pdf
https://maut-tarife.hu/api/uploads/e_vignette_gtc_user_2022_10_22_pdf_c1e1c7e18d.pdf
Bulgaria
https://web.bgtoll.bg/Content/tc/termsandconditions.html?languageCultureName=de-DE
https://web.bgtoll.bg/Content/tc/termsandconditions.html?languageCultureName=en-GB
Romania
https://www.roviniete.ro/de/info/termeni-si-conditii
https://www.roviniete.ro/en/info/termeni-si-conditii
Slovakia
https://eznamka.sk/files/2020-07/V-35_Všeobecné_obchodné_podmienky_eDZ_v5.0_en_0.pdf
15. Final provisions
Should any provision of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions.
Subsidiary agreements must be made in writing. This also applies to the waiver of this written form requirement.
The customer will be informed in writing (whereby email is sufficient) of any changes to these General Terms and Conditions. The respective new version of these General Terms and Conditions shall be deemed to be accepted by the customer if he does not object within 3 days after receipt of the notification of change.