Content

GENERAL CONDITIONS OF USE
for the "Digital Route Toll Flex" service ("ANB-Flex")

GENERAL CONDITIONS OF USE for the "Digital Route Toll Flex" service for download  (valid from 01.06.2019)

Edition: 01.06.2019

The gender-specific terms and names used in these GCUs include both the male and female forms equally.

1.         ASFINAG and "ASFINAG webshop"

1.1.     The Autobahnen- und Schnellstraßen-Finanzierungs-Aktiengesellschaft (kurz „ASFINAG“) operates and is the media owner of the "ASFINAG-Webshop" in the Internet under https://shop.asfinag.at (for short: "Webshop") or the ASFINAG-App "Unterwegs" for iOS or Android (for short: "App"; as far as not differentiated in the following, in each case for short: "ASFINAG webshop"). ASFINAG is a company incorporated under the ASFINAG act, the shares of which are wholly owned by the Republic of Austria: Autobahnen- und Schnellstraßen-Finanzierungs-Aktiengesellschaft; branch office: Rotenturmstrasse 5-9, 1011 Vienna, Austria; contact: Tel +43 (0) 50 108-10000, Fax +43 (0) 50 108-10020, E-mail office@asfinag.at; Commercial register number and court.: FN 92191 a, Commercial Court of Vienna, VAT identification number: ATU 43143200; business purpose: The financing, planning, construction and maintenance of federal roads, including the necessary and appropriate infrastructure, the collection of time and mileage dependent tolls from the users of these roads as well as the operation of ASFINAG insofar as they have been received for the purposes of the planning, construction and maintenance of federal roads, the exploitation and management of areas not directly used for transport and the land and buildings which are the property of ASFINAG pursuant to the Federal Act on the Procurement and Transfer of Federal Roads (Article 5 of the Federal Highway Transfer Act), as well as the implementation of parts of the service agents in the system for digital accounts, rolling stock for road transport; applicable laws and regulations: ASFINAG act, ASFINAG Authorization Act 1997, Federal Road Toll Act and Road Specialization Laws (Arlberg expressway finacing law, Federal Law concerning the financing of the Innsbruck-Brenner motorway, Karawanken motoway financing law, Pyhrn motorway financing law and Tauern motorway financing law), vignetten pricing regulation and toll regulations.

1.2.     With the usufrucht agreement concluded under the ASFINAG Authorization Act in 1997, ASFINAG was granted the right of usufrucht of all motorways and expressways. As a result, ASFINAG has the right to collect tolls from all users; this is based on the respective valid toll regulations that form part of this GCU, in addition to the statutory basis.

1.3.     The Federal Route Toll Act (BStMG) regulates the payment of time-based tolls and route tolls for single-lane vehicles and multi-lane vehicles whose maximum permissible total weight does not exceed 3.5 tonnes. The "Digital Route Toll Flex" (hereinafter referred to as "Flex") is available by registering the vehicle license plate number in the toll system. To enable registration and the use of the service, ASFINAG operates the ASFINAG Webshop.

1.4.     There are no additional costs for the user in connection with the use of the ASFINAG Webshop. The registration to Flex is free of charge; see point 3 for the prices of the single journeys of the respective route sections. Any costs for the use of the data in connection with the user’s (mobile) telecommunication means are charged against the user's telecom service provider.

1.5.     The purchase of the Digital Route Toll is a legal obligation. Flex may only be registered via the ASFINAG Webshop within the EEA and Switzerland. Registration is based exclusively on these GTC, the integral documents referred to and the statutory provisions. Other conditions - in particular terms of purchase of the customer - are excluded.

1.6.     The ANB -Flex (together with the corresponding period of validity) can be found under the following link: https://shop.asfinag.at/en/anbflex, whereby they are always provided so that they can be stored and reproduced by the user.

2.         Prerequisite for the use of Flex and the customer account

2.1.     In order to use the Flex offered by ASFINAG, registration in the ASFINAG Webshop is required. Registration may only be carried out by the holder (hereinafter referred to as "Customer") of the vehicle license plate number (or several vehicle license plate numbers) to be registered. The vehicle license plate entered by the customer is activated for Flex after successful registration. Correct registration is only confirmed and Flex may only be used when the license plate number of the registered vehicle appears in the vignette evidence. The vignette evidence is available under https://evidenz.asfinag.at . Flex applies to all ASFINAG route toll sections.

2.2.     The data provided by the customer will be stored by ASFINAG. After the customer has registered in the ASFINAG Webshop under "My Account", it is granted access to its data as well as various processing and modification options in connection with the data provided.

2.3.     The customer account is personal and non-transferable. The customer must take the necessary measures to ensure the confidentiality of the information on its customer account, in particular the access data. In the event of loss or theft of access data to the Customer Account or suspicion that the customer account is being used by a third party, the customer shall immediately inform ASFINAG of the contact information provided.

2.4.     The customer undertakes to keep up to date the information provided for the creation of its customer account, in particular the billing and contact information, the vehicle license plate number and the payment method selected by the customer (credit card data). Non-compliance with this obligation shall entitle ASFINAG to suspend or completely block Flex for the customer.

3.         Prices and default in payment

3.1.     The price of the route toll shall be based on the tariff valid at the time of use of the route toll section The price is paid automatically using the payment method stored in the customer's account at the time.

3.2.     The customer undertakes to pay the applicable fee for the respective route toll section used. All tariffs of the respective route toll sections are available under www.asfinag.at. Only the current single journey tariffs apply at the time of use of the route toll sections. These are final prices which include the particular legally prescribed value added tax.

3.3.     The debiting and invoicing takes place immediately after passing through the route toll section.

The customer is obliged to ensure that its method of payment is valid and that the stipulated account has sufficient funds. If the direct debit fails or is refused for other reasons, the customer will receive a retroactive payment request to its e-mail address stored in the webshop, provided that it is properly registered at the time of use of a route toll section and its vehicle license plate number is entered in the vignette evidence. If the amount of the retroactive payment claim is not paid within 14 days, companies can be charged a processing fee of EUR 40.00 for each further reminder, in addition to the amount of the failed debit.

Consumers can be charged the costs incurred for appropriate legal action necessary and expedient for the appropriate prosecution, up to the transfer of the debt collection to a debt collection agency or to a lawyer.

3.4.     In the event of a failed or refused payment the customer will immediately be blocked from using Flex and the vehicle license plate number (or several vehicle license plate numbers) will be deleted from the vignette evidence. A new approval of the vehicle license plate number(s) for Flex is only possible after payment in full of the retroactive payment claim.

3.5.     The customer expressly agrees that notification by e-mail is the only form of notification on the part of ASFINAG. The customer undertakes to regularly check its e-mail account.

4.         Information

4.1.     The customer has the option to view current list of the billed route tolls in its customer account.

4.2.     The customer is obliged to notify ASFINAG immediately of any irregularities in this list, or if they themselves are of the opinion that a journey for which a route toll was charged should not have been charged to its account.

5.         Liability

5.1.     The customer is liable for the correctness of their personal data, in particular for the correctness of the indicated license plate (or several license plates). Any incorrect information shall be borne by the customer.

5.2.     Customers who entitle other persons to make journeys for which a toll is charged at the expense of its own account, for example by allowing use of its own vehicle, shall be liable for all charges arising from this use and shall indemnify and hold ASFINAG harmless.

5.3.     The customer shall be liable, regardless of fault, for all liabilities or disadvantages arising from the use of its customer account by a third party.

5.4.     ASFINAG shall be liable to consumers in accordance with the general statutory warranty provisions applicable to consumers laid down in §§ 922 to 932a of the General Civil Code ("ABGB").

5.5.     Companies are subject to the obligation to check and the obligation to lodge complaints in accordance with § 377 of the Corporate Code ("UGB").

5.6.     Liability on the part of ASFINAG for damages for slight negligence is excluded both towards consumers and towards companies. This exclusion of liability shall not apply to personal injury, mandatory liability laws and to breaches of primary contractual obligations towards consumers. Furthermore, the liability towards companies in case of gross negligence is limited to the positive damage, whereby the above exceptions to the exclusion of liability also apply here.

6.         Information on data processing

See the separate Information on the processing of personal data given in ASFINAG's toll systems.

7.         Information on complaints and dispute resolution for consumers

7.1.     The EU online dispute resolution platform for online contracts with consumers can be found at http://ec.europa.eu/consumers/odr/.

7.2.     The Austrian arbitration office for consumer transactions can be found at http://www.verbraucherschlichtung.or.at/.

7.3.     ASFINAG is not obliged to participate in any of these alternative dispute settlement procedures.

7.4.     Requests, suggestions and complaints should be addressed to: info@asfinag.at.

8.         The consumers right of withdrawal from the purchase of the digital route toll

8.1.     Consumers are granted the right to withdraw from the contract concluded in distance selling via Flex within fourteen days without giving reasons. The withdrawal period begins with the day on which the contract is concluded.

8.2.     In the course of registering with Flex, the customer shall request ASFINAG that the purchase of single journeys via Flex can be used immediately and the customer shall confirm within the meaning of §§ 10, 18 para. 1 no. 1 FAGG that there is no right of withdrawal if the single journey is called up via Flex and (upon commencement of the single journey) used.

8.3.     To exercise the right of withdrawal from the Flex contract concluded by distance selling, the customer can terminate Flex at any time under "My account" or the consumer can inform ASFINAG of their decision to withdraw from the contract by a clear declaration of withdrawal (e.g. e-mail to widerruf-shop@asfinag.at, a letter sent by post, fax). The declaration of withdrawal is not subject to any condition of form. Consumers can use the sample withdrawal form provided at the end of this GCU, but this is not obligatory. The withdrawal period shall be respected when the withdrawal notice is sent within the deadline. Please indicate the product ID(s) concerned, so that the corresponding withdrawal confirmation can be processed quickly and efficiently.

8.4.     To ensure the quickest and most efficient processing of declarations of withdrawal, ASFINAG requests that declarations of withdrawal be sent by e-mail.

8.5.     As the Flex contract concluded in distance selling is free of charge, no repayment will be made. Otherwise the following applies: If the withdrawal is justified and made within the time limits, all payments made by the consumer will be reimbursed without delay and at the latest within 14 days from the date of receipt of the withdrawal notice, using the same means of payment as the consumer used for the processing of the payment.

9.         Choice of law for consumers and companies and place of jurisdiction for companies

9.1.     Austrian law shall apply exclusively to the exclusion of the standard of reference and of the UN purchase right. This choice of law does not restrict the customer, who is a user, in the mandatory and beneficiary rights of its native country.

9.2.     In so far as the customer is not a consumer, exclusive jurisdiction for all claims and any disputes arising out of and on the basis of this legal relationship and the handling thereof is the court of jurisdiction for the first district in Vienna, Austria.

10.       Severability clause for companies

10.1.   The following applies to entrepreneurs, but not to consumers: The invalidity or impracticability of individual provisions of these terms of use does not affect the effectiveness of the remaining provisions. An ineffective or impracticable provision shall be replaced by an effective provision, which is closest to its economic purpose. The same applies to any gaps.


Appendix: Sample revocation form for consumers

If you are a consumer and would like to withdraw from the Flex contract, please fill out this form and send it back if possible via e-mail, although this is not obligatory:

To
Autobahnen- und Schnellstraßen-Finanzierungs-Aktiengesellschaft
pA ASFINAG Maut Service GmbH
Am Europlatz 1
1120 Vienna
E-Mail: widerruf-shop@asfinag.at
Fax: +43 (0) 50 108-10020

I/we (*) hereby terminate the Contract with Flex concluded by me/us (*), concluded on: ___________________.

Licence plate number and country of registration: ______________________________________.

E-mail address of customer's account: ______________________________________.

Name of consumer(s): ______________________________________.

Address of consumer(s): ______________________________________.

Signature of the consumer(s) (only for paper communications):

______________________________________.

Date: ___________________.

 

(*) Delete as appropriate.