1 Scope of application, subject of the contract
1.1 The following terms and conditions apply to all the legal transactions of Regit GmbH, Heinkelstr. 1, 93049 Regensburg ("the provider") with customers. These terms and conditions apply to consumers within the meaning of § 13 BGB (German Civil Code), unless it is expressly stated that they only apply to business customers. A consumer within the meaning of § 13 BGB is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
1.2 The application of deviating terms and conditions on the part of customers is expressly excluded. These will only apply if and insofar as their application has been expressly agreed.
1.3 These general terms and conditions govern the provision of services by the provider and the use of these services by customers.
2 Subject of the contract
The provider operates an internet portal on mautpilot.de enabling payment of motorway tolls for Austria. These can for example be 10-day vignettes, 2-month vignettes, annual vignettes or section tolls (e.g. Brenner motorway etc.). The subject of the contract is the use of the functions provided on the portal and access to the data that can be retrieved via the functions provided.
3 Conclusion of contract
3.1 A contract in return for payment is concluded by the placing and acceptance of an order. The order is accepted exclusively when the relevant data is made available by the provider.
3.2 The presentation of goods and services on the website of the provider does not constitute an offer to conclude a contract, but an invitation to submit an offer by the customer (invitatio ad offerendum). Only the completion of the order process in the "Shopping cart" area after entering the customer data by clicking the order button "Place binding order" represents a legally binding offer by the customer to conclude a contract (order). Until then the customer has the possibility to cancel the order process and make corrections at any time. The receipt of the order will be confirmed by the provider immediately by means of an email confirming receipt. The confirmation of receipt does not constitute acceptance of the contract.
3.3 The amount of the payment is based on the price information published on the portal at the time of the order.
3.4 The range of services presented on the website of the provider only contains available goods and services. In individual cases, the provider reserves the right to check availability upon receipt of the order and will inform the customer without delay and refund any payments already made by the customer without delay if the service ordered is not available.
3.5 The language of the contract will be German. The text of the contract will not be saved. The terms and conditions can be viewed at any time on this website. The order data will be sent to the customer by email. After completion of the order, for security reasons your order data will no longer be accessible on the Internet.
4 Right of revocation
The following applies exclusively to consumers within the meaning of § 13 of the German Civil Code, i.e. natural persons who conclude a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their self-employed professional activity:
a) Right of revocation
You 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.
To exercise your right of revocation, you must inform us (Regit GmbH, Heinkelstr. 1, 93049 Regensburg, email: email@example.com) of your decision to revoke this contract by means of a clear declaration (e.g. a letter sent by post, fax or email). You may use the enclosed specimen revocation form for this purpose, but this is not obligatory.
In order to comply with the revocation period, it is sufficient that you send the notification of your exercise of the right of revocation before the expiry of the revocation period.
b) Consequences of a revocation
If you revoke this contract, we must refund all payments we have received from you, including the delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your revocation of this contract. For this refund we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this refund.
If you have requested that the services should begin during the revocation period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of revocation with regard to this contract compared to the total scope of the services provided for in the contract.
c) Premature expiry of the right of revocation
The right of revocation expires prematurely if we have completely performed the service and we only started to perform the service after you had given your express consent to this and at the same time confirmed your awareness that you would lose your right of revocation upon complete performance of the contract by us.
End of the revocation policy
5 Prices; terms of payment; terms of delivery; value replacement
5.1 The prices include the toll charges of ASFINAG (the current charges for the time and section tolls of ASFINAG can be found at https://www.asfinag.at/maut-vignette/vignette/ and at https://www.asfinag.at/maut-vignette/streckenmaut/tarife/) as well as a fee for the service of the provider and the fast availability, together with the statutory value added tax.
5.2 Unless otherwise agreed, payment amounts are due within seven calendar days after receipt of a proper invoice by transfer of the invoice amount to the account specified in the invoice.
5.3 Unless otherwise agreed, delivery will be made exclusively in digital form by registering the digital vignette/section toll with the relevant route operator and sending an email to the email address provided by the customer. Dispatch is free of charge.
5.4 The invoice will be issued and sent exclusively electronically in PDF format. The user agrees to receive an electronic invoice. The initial electronic issue of invoices and access to online invoice copies are free of charge. For any issue of a paper copy of an invoice the provider reserves the right to charge a processing fee.
5.5 If the customer, in the event of exercising the right of revocation, owes payment for the value of the service provided up to the time of revocation, we will calculate the due payment on a pro rata basis (based on one month at 30 days and one year at 360 days; "banking method"), i.e. on the basis of our prices for the period of validity that has elapsed up to the time of revocation.
6 Right of use to content available on the portal
6.1 Unless further use is expressly permitted in these terms and conditions or on the portal, or is made possible on the portal by means of a corresponding functionality (e.g. download button), the following will apply without prejudice to the existing rights of third parties:
6.1.1 the content available on the portal may be accessed and displayed online for personal purposes only;
6.1.2 the content available on the portal may not either as a whole or in part be edited, modified, translated, displayed or performed, published, publicly exhibited, reproduced or otherwise distributed. It is also prohibited to remove or alter copyright notices, logos and other marks or protective notices.
6.2 Without prejudice to the existing rights of third parties, a non-exclusive right of use for an unlimited period of time is granted in each case for the use of the downloaded or printed contents for the user's own, non-commercial purposes. In all other respects, all rights to the content remain with the original rights holder. The mandatory statutory rights are not affected.
7 Limitation of liability for chargeable services
7.1 The provider will be liable without limitation for damage caused intentionally or through gross negligence by the provider or by the provider's legal representatives, executives or simple vicarious agents.
7.2 The provider will not be liable in cases of slightly negligent breach of insignificant contractual obligations.
7.3 In all other respects the liability of the provider for damage caused by slight negligence is limited to the damage that can typically be expected to occur within the scope of the relevant contractual relationship (foreseeable damage typical of the contract). This will also apply in the case of slightly negligent breaches of duty by the legal representatives, executive employees or simple vicarious agents of the provider.
7.4 The above limitation of liability will not apply in the case of fraudulent intent, in the case of bodily injury or personal damage, a breach of warranty and for claims arising from product liability.
8 Final provisions
8.1 Unless expressly stated otherwise in these terms and conditions, all notifications must be made in text form.
8.2 The contract concluded with the customer and these terms and conditions are subject to the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and excluding international private law. The statutory provisions on the restriction of choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer has its habitual residence as a consumer, are not affected.
8.3 The following applies exclusively to business customers: the exclusive place of jurisdiction for all disputes arising from these terms and conditions is, insofar as such an agreement on the place of jurisdiction is permissible, the registered office of the provider.
8.4 The European Commission provides a platform for online dispute resolution (OS) at http://ec.europa.eu/consumers/odr . Our e-mail address is: firstname.lastname@example.org.
8.5 We are not obliged or willing to participate in a dispute resolution procedure in accordance with the Consumer Dispute Resolution Act (VSBG).
Specimen revocation form
(If you wish to revoke the contract, please fill in and return this form.)
– To Regit GmbH, Heinkelstr. 1, 93049 Regensburg, email: email@example.com:
– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
– Ordered on (*)/received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only in the case of notifications on paper)
(*) Delete where not applicable.