1. INTRODUCTION
1.1 The website (hereinafter referred to as the "Website") is operated by the company with its registered office at (hereinafter referred to as the "Company").
1.2 The Company offers its customers a service of mediation of payment of fees for the use of tolled European roadways (hereinafter referred to as the “Service”).
1.3 These general terms and conditions for the Website (hereinafter referred to as the "GTC") govern the mutual rights and obligations of the contracting parties arising in connection with or on the basis of the contract for the provision of services (hereinafter referred to as the "Contract") concluded through the Website.
1.4 A Customer is any visitor to the Website, regardless of whether they are acting as a consumer or as a business (hereinafter referred to as the “Customer”).
1.5 A consumer is a person who, when concluding and performing the Contract, is not acting within the scope of his/her commercial or other business activity (hereinafter referred to as the "Consumer").
1.6 The Company will pay the fee for the use of tolled European road networks on behalf of the Customer directly to the operator of the following websites in the given country
1.7 The Customer acknowledges that the subject of the Service is not the sale of electronic vignettes or the provision of rights to use land roads. The Company is not a business partner of any public authority that collects fees for the use of land roads.
1.8 Provisions deviating from these GTC may be agreed in a written contract. Deviating provisions in the contract take precedence over the provisions of these GTC.
1.9 The provisions of these GTC are an integral part of the Contract concluded through the Website. The Contract and the GTC are drawn up in the Czech language.
1.10 The Company may amend or supplement the text of the GTC. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the GTC.
1.11 By accessing any of the Websites, the Customer confirms that he has read the wording of these GTC and undertakes to comply with them.
2. CONCLUSION OF THE CONTRACT
2.1 To order the Service, the Customer shall take the following steps:
(a) selects the type of vehicle he wants to use on toll roads;
(b) clicks the "Buy" or "Order" button (depending on the current version and translation of the page)
(c) selects the period in which he/she wants to travel on toll roads;
(d) selects the country of registration of his license plate and the license plate number
(e) alternatively, depending on the type of service, select and fill in additional information necessary to complete the Order (VIN code of the vehicle, type of drive)
(f) confirm the entered data and confirm their agreement with these GTC by clicking on the button "I agree to the general terms and conditions";
(hereinafter collectively referred to as the “Order”).
2.2 Before sending the Order, the Customer is allowed to check and change the data entered into the Order, including with regard to the Customer's ability to detect and correct errors that occurred when entering data into the Order. The data specified in the Order is considered correct by the Company. The validity of the Order is subject to the completion of all mandatory data in the Order Form and the Customer's confirmation that he has read these GTC.
2.3 The Customer's order placed through the Website is a binding proposal to conclude a Contract with the Company. After payment by the Customer, the Company will confirm receipt of the payment electronically, by email with the text "Order received". The Customer agrees and accepts that this email does not mean that the order has been completed.
2.4. After verification of the data by the Company, the service is provided to the Customer within a reasonable time, provided that the data is correct. If the data provided by the Customer is incorrect, the Customer is sent an electronic request to correct the data in order to complete the Order. The Company is not liable for any damages incurred by the Customer during the period when the Customer does not respond to the Company's prompts necessary to complete the Order.
2.5 The Contract is concluded upon delivery of the Order confirmation to the Customer's Electronic Address. The Customer is clearly informed that the service is only active at this moment.
2.5 All Orders accepted by the Company are binding.
2.6 The Customer agrees to the use of remote means of communication when concluding the Contract. The Customer shall bear the costs incurred by the Customer when using remote means of communication in connection with concluding the Contract (internet connection costs).
2.7 The Contract is the legal basis on which the Company acts on behalf of the Customer.
2.8 The Customer agrees that the Company is not responsible for any incorrectly filled-in data on the Company's website, and assumes full responsibility for any additional costs resulting therefrom.
2.8.1 The Customer agrees that the registration details provided in the confirmation email are valid, including the country of registration of the vehicle, license plate number and expiry date. The Customer agrees to a final textual and visual check of the details and agrees that the Company is not liable for any damages resulting from incorrect details that were filled in or changed directly by the Customer at any stage of the order, or by the Company at the Customer's request (on the website, by telephone, by email or through any other digital form of communication).
2.9 The Company is responsible for sending communications electronically from the Company's server.
2.10. The Customer is aware of all the requirements of email communication and ensures on his/her side everything necessary to receive email or other forms of communication. He/she agrees that in the event of non-delivery of an email due to a problem on the Customer's side (email marked as spam, email not delivered due to a software error on the Customer's side), the Company shall not be liable for any damage or additional costs caused in cases that the Company cannot influence (non-functional Internet connection of the Customer, roaming disabled, etc.).
2.11. Alternative methods of communication (SMS, Whatsapp, Push notifications, etc.) are subject to the same conditions as email communication. The Customer assumes responsibility for non-delivery of information in this form in cases beyond the Company's control (the Customer's internet connection is not working, roaming is disabled, etc.).
2.12. In the event that the Company is unable to provide the Customer with the service (the Service is already active, it is not possible to purchase it), the Customer will be refunded the amount paid in full and without delay.
2.13. The Customer agrees that in the event of receiving any call in connection with the ordered service, this information will be forwarded to the Company immediately, but no later than within 2 days of receiving the call. In the event of failure to comply with this deadline, the Customer agrees not to claim any compensation from the Company.
3. SERVICE PRICE AND PAYMENT TERMS
3.1 The Website contains information about the price of the Service and the price of the fee for the use of toll roads. Prices are listed including value added tax (if applicable). Prices remain valid for the period they are displayed on the Website. This provision does not limit the Company's ability to conclude a Contract under individually negotiated conditions.
3.2 The Customer may pay the price of the Service and the fee for the use of toll roads to the Company in the following ways:
(a) by bank transfer to the Company's account;
(b) cashless by payment card via a payment portal;
(c) cashless via Paypal.
(d) cashless via Stripe.
3.3 In the case of cashless payment, the Customer's obligation to pay the price is fulfilled at the moment the relevant amount (the sum of the price of the Service and the fee for using Slovak or Austrian toll roads) is credited to the Company's account. If the Customer fails to pay the price properly and on time, the Contract shall terminate unless the Company informs the Customer otherwise.
3.4 In the event that there is an obvious technical error on the part of the Company when stating prices on the Website or during ordering, the Company is not obliged to deliver the Service at this obviously incorrect price.
4. DELIVERY OF THE SERVICE
4.1 The Service is delivered to the Customer in such a way that after paying the price of the Service and the fee for using tolled land roads, a confirmation of payment of the fee for using the selected service of the given country will be sent to the Customer's Electronic Address. The confirmation will be sent in the form of an email, alternatively by other means of communication, and will clearly indicate that the Customer has the service active. The Customer agrees that any other emails DO NOT MEAN activation of the service.
4.2 The customer is obliged to inform himself about the current scope of validity of the motorway vignettes at the destination. The customer agrees that the service (unless otherwise stated) does not cover the fee for special sections that are visibly marked as additionally charged. An indicative list of motorway sections that must be paid additionally on site: Motorway 9 Pyhrn including Bosruck and the Gleinalm tunnel, A 10 Tauern Autobahn including Tauern and the Katschberg tunnel, Autobahn 11 Karawanken, Brenner Motorway 13 including the Europabrücke, S 16 Arlberg Schnellstraße including the Arlberg road tunnel#
5. THE CONSUMER'S RIGHT TO WITHDRAW FROM THE CONTRACT
5.1 Under European law, the Consumer normally has the right to withdraw from the Contract within 14 days of purchasing the Service. Taking into account the nature and immediate validity of the Service, by submitting the Order, the Customer expressly agrees that the withdrawal period will be shortened with regard to the immediate effectiveness of the Service, only until the start of processing the Order (when the service is already provided to the Customer). From this moment on, the service is provided to the Customer and withdrawal is not possible. The exact date and time of receipt of the request for withdrawal by the Company (not sending it by the Customer) by email (alternatively by contacting customer support), but no later than 1 hour before the start of processing, is decisive for the possibility of withdrawing from the Service. In the event of disputes, the exact date and time of processing can be sent to the Customer upon request, alternatively, this information can be found transparently on the page with information about their order.
5.2. With regard to the impossibility of refunding activated services from third parties, the Consumer expressly agrees and accepts the impossibility of withdrawing from the Contract once the service has already been provided to him by the Company.
5.3. Cancellation fee - The Consumer agrees to a cancellation fee of 40% of the amount paid. This fee is used to cover costs associated with bank fees, currency conversion, time costs for processing the order. The fee can be fully waived only in exceptional and demonstrable cases (serious illness, inability to travel due to force majeure) and is at the Company's discretion whether to waive it. The cancellation fee, unless otherwise specified, will be paid by SEPA payment to the account (IBAN + SWIFT) entered by the Customer on the order management page within 14-31 days.
5.3.1 Cancellation fee - Duplicate order - The Consumer agrees that the cancellation fee does not apply to the case where, after placing an Order with the Company, he orders a duplicate service from another provider, thus preventing the possibility of providing the service. In such a case, the Consumer will be contacted with the option to change the validity date or use the service for another vehicle. The Consumer expressly agrees that due to the higher time required to resolve such an order, cancellation of the Order is not possible.
6. RIGHTS FROM DEFECTIVE PERFORMANCE AND QUALITY GUARANTEE
6.1 The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by the relevant generally binding legal regulations.
6.2 In the event of any deficiencies or irregularities in the provision of the Service, the Customer is obliged to immediately inform the Company of the identified defects in the Service, in particular by e-mail. Contact details are provided on the Website.
6.3 The Company is obliged to issue the Customer with a written confirmation of when the Customer exercised the right arising from defective performance, what the content of the complaint is; and also a confirmation of the date and method of handling the complaint.
6.4 The Company is obliged to inform the Customer that the complaint has been resolved and how, to the Customer's electronic address.
6.5 If the defect is remediable, the Customer may demand either repair or completion of what is missing, or a reasonable discount on the price. If the defect cannot be remedied, the Customer may either withdraw from the Contract or demand a reasonable discount on the price.
6.6 The consumer's complaint, including the removal of the defect, will be handled without undue delay, no later than 30 days from the date of receipt of the complaint. After this period, the consumer is granted the same rights as if it were a material breach of the Contract.
6.7 The Company shall not be liable for any loss, injury or damage to property, whether direct or indirect, caused by a defect in the Service, unless such loss, injury or damage to property was caused by the negligence, omission or intent of the Company.
7. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
7.1 The Company is entitled to withdraw from the Contract due to the impossibility of paying the fee for the use of European toll roads. The Company shall immediately inform the Customer of this via his Electronic Address and shall return all funds received from him under the Contract within 14 days of the notification of withdrawal from the Contract, in a manner that is satisfactory to both parties (upon prior agreement), or in a manner specified by the Customer.
7.2 The Company shall handle the Customer's complaints via the electronic address . The Company shall send information on the handling of the Customer's complaint to the Customer's Electronic Address.
7.3 If the Customer is a consumer, the Czech Trade Inspection Authority, ID number 00020869, with its registered office at Štěpánská 567/15, 120 00 Prague 2 – Nové Město, internet address: https://adr.coi.cz/cs , is competent for the out-of-court resolution of consumer disputes arising from the Contract. Furthermore, the consumer is entitled to use the online dispute resolution platform located at the internet address http://ec.europa.eu/consumers/odr.
7.4 The contact point for consumers pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes) is the European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2 – Nové Město, internet address: http://www.evropskyspotrebitel.cz .
8. DELIVERY
8.1 Unless otherwise stated, all notices addressed to the Customer may be made in the form of an electronic message addressed to the Customer's Electronic Address.
9. FINAL PROVISIONS
9.1 If the relationship established by the Contract contains an international (foreign) element, then the contracting parties agree that the relationship is governed by Czech law. This does not affect the Consumer's rights arising from generally binding legal regulations.
9.2 If any provision of the GTC is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning comes as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
9.3 The Purchase Agreement is archived by the Company in electronic form and is not accessible to third parties.
9.4 An appendix to these GTC is a sample form for withdrawal from the contract by the consumer.
9.5 These GTC come into effect on 9 November 2023