OWH / Prawo do odstąpienia od umowy

 

1. Provider / scope

1.1. Please read these General Terms and Conditions (GTC) carefully, as they are binding in the contractual relationship between you (referred to as ‘Customer’ below) and us, barely digital GmbH & Co. KG, Konrad-Adenauer-Str. 8, 86836 Klosterlechfeld, Germany (referred to as “vintrica’ or ‘We’ below). Divergent, additional or conflicting general terms and conditions of the Customer shall not apply, even if we do not expressly object to them.

1.2. The Customer is a consumer if the purpose of the goods and services is largely unconnected with any commercial or self-employed professional activity. In contrast, a businessperson is defined as any natural person or legal entity, or a partnership with legal capacity, who acts in the execution of their commercial or self-employed professional activity when entering into the contract.

 

2. Object

2.1. vintrica provides the websites vintrica.com, hu-vignette.com, sk-vignette.com, cze-vignette.com, si-vignette.com, bg-vignette.com, ch-vignette.com and evignette.ro, through which the Customer can acquire goods and services for using roads requiring a vignette, in particular digital motorway vignettes (referred to as ‘E-Vignette’ below) and for transiting a particular section of road, bridge, tunnel or mountain pass requiring a toll (referred to as ‘E-Toll’ below).

2.2. The nature and scope of the goods and services to be provided by vintrica to the Customer depend on the regulations of the country for which the Customer wishes to acquire an E-Vignette and/or E-Toll.

 

2.3. The following applies to E-Vignettes for Hungary, Slovakia, the Czech Republic, Slovenia and Bulgaria:

The object of the contract is the sale of the proof, embodied in PDF format, that a toll has been paid for a specific motor vehicle, along with the resulting authorisation to use roads and transport infrastructure (e.g. bridges, tunnels) requiring a vignette (= property-related service). vintrica itself purchases this service from the competent motorway operator or the competent sales outlet (referred to as ‘Competent Outlet’ below) in the name and for the account of vintrica, and resells it to the Customer by issuing a proof in PDF format representing the E-Vignette.

 

2.4. The following applies to Switzerland:

The object of the contract is the Customer’s order to vintrica, as technical service provider on behalf and for the account of the Customer, to register a specific motor vehicle in the Competent Outlet’s electronic database for a specific period of validity, and thus to pay the toll that entitles the Customer to use roads requiring a vignette. In this case, vintrica itself does not purchase the service from the toll operator, but is merely a technical service provider that performs the registration in the motorway operator’s digital toll system on behalf and for the account of the Customer. vintrica owes the Customer only the performance of registration as an electronic service, but not the delivery of an E-Vignette as physical proof that a toll has been paid for a specific motor vehicle. In this case, vintrica itself will not issue an E-Vignette in PDF format; instead, the Competent Outlet will issue a document confirming vehicle registration in the toll system after registration has been completed, which vintrica will forward to the Customer as part of the registration service.

 

2.5. The following applies to Rovinieta / tolls in Romania:

The subject of the contract is the sale of the proof, embodied in PDF format, that a vignette (Rovinieta) or transit fee (toll) has been paid for a specific motor vehicle and the payment has been registered, resulting in the authorisation to use the Romanian national road network subject to vignette payment, or to use bridges over the Danube between Fetesti and Cernavoda. Vintrica is a by Compania Naţională de Administrare a Infrastructurii Rutiere - S.A. (‘CNAIR’) authorised provider for the issue of the Rovinieta and toll and is subject to the Romanian legislation in force (Government Ordinance 15/2002 on the application of user charges and tolls on the Romanian national road network and Order 1463/2018 on the approval of the Methodological Norms for the application of the user charge and toll by the Compania Naţională de Administrare a Infrastructurii Rutiere - S.A.).

2.6. Goods and services as described in section 2.3. shall be provided for a fee in the amount of the purchase price for the digital E-Vignette plus a service charge; goods and services as described in section 2.4. shall be provided for a service charge and reimbursement of the outlay in the amount of the vignette price.

2.7. vintrica is entitled to perform the registration and administration (e.g. change of vehicle data and customer data) on behalf of the Customer vis-à-vis the Competent Outlet and to conclude legal transactions for this purpose, provided that these actions correspond to the actual or assumed will of the Customer, or are in the interest of the Customer.

2.8. The following applies additionally to Hungary: The Customer is hereby informed that the E-Vignette service for Hungary is based on the centralised mobile payment of services sold by NMFSZ (Hungarian abbreviation for National Mobile Payment Service Provider):

Nemzeti Mobilfizetési Zrt., Kapás utca 6-12, 1027 Budapest, Hungary

The Customer may only purchase E-Vignettes for Hungary for their own use. The Customer may not resell the E-Vignettes for Hungary. vintrica may exclude Customers from purchasing E-Vignettes with immediate effect and without warning if the Customer is in breach of these rules.

2.9. Motorway vignettes are issued solely by the Competent Outlet of the destination country on the basis of national rules, regulations and laws. Only the Competent Outlet can decide on the issuing of a digital vignette. vintrica has no influence on the Competent Outlet’s decision to issue or not to issue an E-Vignette. The vehicle registration number provided by the Customer to vintrica is essential for issuing a digital motorway vignette. It is only possible to change the vehicle registration number with the special option ‘Flex Service’ (see section 4).

 

2.10. The following applies additionally to Romania:

2.10.1. The Customer is hereby informed that the registration of the Rovinieta and the toll for Romania takes place in the IT system for issuing, managing, monitoring and controlling the Rovinieta (SIEGMCR) operated by the CNAIR.

2.10.2. The E-Vignettes (Rovinieta) and tolls are issued on the basis of national rules, regulations and laws. The Customer may not resell the Rovinieta and toll for Romania. The Rovinieta shall be paid in advance for validity periods of: one day, 7 days, 10 days, 30 days, 60 days or 12 months. For the Rovinieta with a validity period of 30 days or more, if the applicant chooses to be notified by e-mail of the expiry of the validity period, CNAIR will send a notification to the e-mail address provided for this purpose two days before the vignette expires (this is a free of charge service offered by CNAIR). 

2.10.3. The Customer is solely responsible for the information provided in his application for the vignette (Rovinieta) and tolls. If errors are entered, they cannot be changed by vintrica. Requests for correction of errors can only be submitted to CNAIR in accordance with the applicable legal provisions (website: http://cnadnr.ro/en; address: Dinicu Golescu 38, 010873 Bucuresti, Sector 1, România; email: registratura.cnair@andnet.ro).

In the event of a change in the registration number of the vehicle for which the Rovinieta or toll has been paid, the vignette or toll shall remain valid only if the vehicle identification number was entered correctly when issued. In case of Romanian users, if the registration number of the vehicle changes, the Rovinieta and tolls shall remain valid as long as the registration authority’s database is updated with the respective change.
 

3. Contract offer, conclusion of contract

3.1. The presentation of services and products on vintrica’s website does not constitute a legally binding offer, but merely an invitation to place an order.

3.2. By clicking the ‘Place order subject to payment’ button, the Customer places a binding order for the services and products listed on the order page. vintrica shall inform the Customer promptly about receipt of the order. However, this confirmation of receipt does not constitute acceptance of the Customer’s offer to conclude the contract.

3.3. The point in time at which the contract with vintrica comes into effect depends on the payment method chosen by the Customer. Depending on the selected payment method, vintrica will initiate the payment process following placement of the order. If applicable, vintrica will then forward the Customer directly to the payment provider selected by the Customer for this purpose, where the Customer can confirm the payment instruction after entering the payment data. Nevertheless, the forwarding by vintrica to an approved instant payment method and the subsequent payment of the purchase price or fee by the Customer does not yet constitute acceptance of the contract offer by vintrica, and therefore does not yet lead to conclusion of a contract.

3.4. vintrica indicates its acceptance of the contract by means of a clear statement in text form (e.g. email). All statements made by vintrica may be sent to the Customer by email.

 

4. Add-on ‘Flex Service’

4.1. The Customer may order the ‘Flex Service’ as an optional add-on service for a fee. This option is available when ordering an E-Vignette. An E-Vignette with activated Flex Service can be changed or cancelled before the first day of validity, subject to the following conditions.

4.2. The Flex Service can only be booked when ordering an E-Vignette. It is not possible to book the Flex Service at a later date.

4.3. In the case of an E-Vignette with activated Flex Service, the following changes can be made before the first day of validity:

      - The vehicle registration number assigned to the E-Vignette and/or the country of registration can be changed.

      - The validity period can be postponed up to two months into the future.

4.4. Changes can only be made online and by the Customer themselves using the procedure provided for this purpose in the Order Management section. Change requests made to Customer Services in writing or by telephone are not included in the scope of the Flex Service.

4.5. An E-Vignette with activated Flex Service can be cancelled before the first day of validity. If cancelled, the E-Vignette that had been ordered will not be registered or, as the case may be, will be deleted. vintrica shall refund the Customer the full purchase price within 14 days of cancellation, excluding the Flex Service fee, using the payment method that was originally used. Cancellations can only be made online and by the Customer themselves using the procedure provided for this purpose in the Order Management section. Cancellation requests made to Customer Services in writing or by telephone are not included in the scope of the Flex Service.

 

5. Additional service for brokering insurance policies

5.1. The Customer has the option of taking out travel insurance in addition to purchasing the E-Vignette. This option is available when ordering an E-Vignette. vintrica brokers the travel insurance policies as a bound insurance agent in accordance with Section 34d (7) of the Trade Regulation Code (Gewerbeordnung).

5.2. The insurance policies offered are products from the company HanseMerkur Reiseversicherung AG. The insurance contract is only concluded between the Customer and HanseMerkur Reiseversicherung AG. The insurer’s General Terms and Conditions shall apply; these are brought to the Customer’s attention during the booking process.

 

6. Prices and payment

6.1. The prices shown on our website include statutory value added tax (VAT). The prices are fixed prices.

6.2. Vignettes for Bulgaria are invoiced in the Bulgarian lev currency. If the Customer selected a currency other than the Bulgarian lev when placing the order, the currency selected by the Customer shall be converted into Bulgarian levs on the invoice according to the Bulgarian National Bank’s exchange rate that is applicable at the time of the order.

6.3. Vignettes for the Czech Republic are invoiced in the Czech koruna currency. If the Customer selected a currency other than the Czech koruna when placing the order, the currency selected by the Customer shall be converted into Czech korunas on the invoice at the European Central Bank’s (ECB) exchange rate that is applicable at the time of the order.

6.4. Vignettes for Hungary are invoiced in the currency selected by the Customer when placing the order. Any VAT shall be shown in Hungarian forints, in addition to the currency chosen by the Customer. If the Customer selected a currency other than the Hungarian forint when placing the order, the VAT shall be converted from the currency selected by the Customer into Hungarian forints on the invoice according to the Hungarian National Bank’s exchange rate that is applicable at the time of the order.

6.5. Vignettes for Switzerland are invoiced in the currency selected by the Customer when placing the order. Any reimbursement of outlay to be paid by the Customer to vintrica shall be charged on the invoice in the currency selected by the Customer when placing the order. If vintrica incurred outlay on behalf of the Customer in a currency other than the currency selected by the Customer when placing the order, the outlay incurred by vintrica in foreign currency shall be converted into the currency selected by the Customer when placing the order at the ECB’s exchange rate that is applicable at the time of the outlay.

6.6. Vignettes for Slovakia and Slovenia are invoiced in the euro currency. If the Customer selected a currency other than the euro when placing the order, the currency selected by the Customer shall be converted into euros on the invoice at the ECB’s exchange rate that is applicable at the time of the order.

6.7. Vignettes for Romania are invoiced in the Romanian lei currency. If the Customer selected a currency other than lei when placing the order, the currency selected by the Customer shall be converted into lei on the invoice at the Romanian National Bank’s exchange rate applicable on the penultimate working day of the month preceding the month in which the payment is made.

6.8 Tolls for Romania are invoiced in Romanian lei currency. If the Customer selected a currency other than the lei when placing the order, the currency selected by the Customer shall be converted into lei on the invoice at the exchange rate applicable at the exchange rate valid for the first day of October, as communicated by the European Central Bank and published in the Official Journal of the European Union, applied from January 1 of the following calendar year.

6.9. The Customer shall only be entitled to a right of retention resulting from counterclaims arising from this contract. Claims may only be offset if the Customer’s claim is undisputed or has been established with legally binding effect.

6.10. Invoices from vintrica relating to the contractual relationship shall be sent to the Customer by email. The Customer accepts that the paper invoice is replaced by email and acknowledges that it is legally binding.

 

7. Annual vignette subscription / ‘Automatic renewal’

7.1. If the Customer places an order with vintrica for the delivery and provision of an annual vignette from the Competent Outlet, vintrica offers the additional option of entering into a subscription contract (‘Automatic renewal’). If the Customer decides to activate automatic renewal of the annual vignette by ticking the relevant checkbox when placing the order on the website and thus enters into a subscription contract, vintrica will automatically deliver and provide a new annual vignette to the Customer in the following year. vintrica will debit the vignette price and the service charge for renewal by using the payment method selected by the Customer when the initial order was placed. For this purpose, the Customer grants vintrica the relevant direct debit authorisation (mandate).

7.2. The subscription contract with vintrica runs for an indefinite period and may be terminated at any time without stating reasons. The period of notice is one month to the expiry date of the annual vignette.

7.3. The right to extraordinary termination for a compelling reason remains unaffected.

7.4. Any notice of termination must be given in writing or in text form (it is sufficient to send an email or click the termination confirmation button ‘Terminate now’).

 

8. Obligations on the part of the Customer

8.1. The Customer agrees to cooperate in execution of the order by vintrica. In particular, the Customer is obliged to provide vintrica with correct personal data, contact information, their legal position and details of the vehicle to be registered, and to keep this information up-to-date.

8.2. The Customer provides an assurance that they are the driver or the registered owner of the vehicle, or that they are unconditionally authorised by the registered owner of the vehicle for whose vehicle registration number they are instructing vintrica to submit an application for a motorway vignette to the competent authority.

 

9. Liability

vintrica shall only be liable for damages if vintrica or one of its vicarious agents has breached a material contractual obligation (cardinal obligation) in a way that jeopardises the purpose of the contract, or if the loss or damage is due to gross negligence or wilful intent on the part of vintrica or one of its vicarious agents. If the culpable breach of a material contractual obligation (cardinal obligation) is not due to gross negligence or wilful intent, vintrica’s liability shall be limited to the loss or damage that was reasonably foreseeable when the contract was concluded. Liability for warranted properties, for injury to life, body or health, and liability resulting from mandatory statutory provisions shall remain unaffected.

 

10. Cancellation policy

10.1. Consumers have a statutory right of cancellation when a distance selling transaction is concluded. vintrica provides information about this below, in line with the statutory model. A model cancellation form is provided in section 10.2.

Cancellation policy

Right of cancellation for consumers

You have the right to cancel this contract within 14 days without stating reasons.

The cancellation period is 14 days from the date of concluding the contract.

In order to exercise your right of cancellation, you must notify us (barely digital GmbH & Co. KG, Konrad-Adenauer-Str. 8, 86836 Klosterlechfeld, Germany, email: service@vintrica.com, tel.: +49 8232 / 76 899 76 – 40, fax: +49 8232 / 76 899 76 - 99) by means of a clear statement (e.g. a letter sent by post, fax or email) about your decision to cancel this contract. You can use the attached model cancellation form for this purpose; however, this is not mandatory.

To comply with the cancellation time limit, it is sufficient that you send notification that you wish to exercise your right of cancellation before the end of the cancellation period.

Consequences of cancellation

If you cancel this contract, We must refund all payments that We have received from you, including delivery costs (with the exception of additional costs incurred because you chose a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within 14 days of the date on which We received notification that you are cancelling this contract. To make this repayment, We use the same payment method that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged for this repayment.

If you requested that the services shall begin during the cancellation period, you must pay us a reasonable amount corresponding to the proportion of services already provided up to the date on which you notified us that you are exercising the right of cancellation in respect of this contract, relative to the total scope of the services covered by the contract.

 

10.2. Model cancellation form:

(If you wish to cancel the contract, please complete and return this form).

To: barely digital GmbH & Co. KG, Konrad-Adenauer-Str. 8, 86836 Klosterlechfeld, Germany, email: service@vintrica.com, tel.: +49 8232 7689976-40

I/we (*) hereby cancel the contract concluded by me/us (*) relating to purchase of the following goods (*)/provision of the following services

goods (*)/provision of the following service (*)

Order placed on (*)/ received on (*)

Name of consumer(s)

Address of consumer(s)

Signature of consumer(s) (only if notification sent on paper)

Date

(*) Delete if not applicable.

 

10.3. Note on premature expiry of the right of cancellation:

In the case of a contract for the provision of services, the right of cancellation shall also expire if We provided the service in full and only started to perform the service after you gave your express consent to the provision of the service before the expiry of the cancellation period and, at the same time, confirmed that you are aware that you will lose your right of cancellation upon full performance of the contract by us.

 

11. Place of jurisdiction / Applicable law

11.1. The exclusive place of jurisdiction for any and all legal disputes arising from the business relationship with fully qualified businesspersons, a legal entity under public law or a special fund under public law shall be the registered office of vintrica. vintrica is also entitled to assert its claims before the courts at the Customer’s general place of jurisdiction. The statutory rules of jurisdiction shall apply to consumers. Place of performance is Klosterlechfeld, Germany.

11.2. The place of jurisdiction established under 11.1. shall also apply if the Customer does not have a general place of jurisdiction in Germany, relocates their domicile or place of habitual residence from Germany after conclusion of the contract, or the domicile or place of habitual residence is not known at the time when legal action is taken.

11.3. The contractual relationship between the contracting parties shall be governed exclusively by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

 

12. Final provisions

12.1. Additions and amendments to the contract between the Customer and vintrica must be in text form. Verbal ancillary agreements are considered not to have been made.

12.2. Should one or more clauses of these General Terms and Conditions be or become invalid, in whole or in part, this shall not affect the validity of the remaining provisions.

 

13. Out-of-court dispute resolution

Information on dispute resolution in accordance with Article 14 (1) of the Online Dispute Resolution Regulation (ODR):

The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at www.ec.europa.eu/consumers/odr/main/index.cfm. The email address of vintrica can be found in our legal notice. vintrica is neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration body.