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GENERAL CONDITIONS OF USE ("GCU") for purchasing Digital Vignettes as well as the Digital Section Toll in the ASFINAG Toll Shop (including the ASFINAG-App)

Valid from 13^th February 2024

The gender-specific terms and names used in these GTU refer to all genders equally.

1 ASFINAG and „ASFINAG Toll Shop “
1. The Autobahnen- und Schnellstra ßen-Finanzierungs-Aktiengesellschaft ("ASFINAG" for short) operates and is the media owner of the "Digital Vignette Toll Shop" on the Internet at https://asfinag.me („Toll Shop “) and the ASFINAG-App for iOS or Android (for short: "App"; unless otherwise specified below, in each case: "ASFINAG Toll Shop"). ASFINAG is a company incorporated under the ASFINAG act, the shares of which are wholly owned by the Republic of Austria: Autobahnen- und Schnellstra ßen-Finanzierungs-Aktiengesellschaft; branch office: Schnirchgasse 17, 1030 Vienna, Austria; contact: Tel +43 (0) 50 108-10000, Fax +43 (0) 50 108-10020, E-mail [email protected] ; 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 the Autobahnen- und Schnellstra ßen-Finanzierungs-Aktiengesellschaft 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 the motorways, and fast-track financing stock corporation 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.
2. With the usufruct agreement concluded under the ASFINAG Authorization Act in 1997, ASFINAG was granted the right of usufruct 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, which form an integral part of this GCU.
3. The Federal Road Toll Act (BStMG) regulates the payment of time-based tolls or section tolls for single-lane motor vehicles and for multi-lane motor vehicles with a maximum technically permissible laden mass of no more than 3.5 tonnes.
  Pursuant to §33 para. 18 no. 8 BStMG (Federal Road Toll Acts), motor vehicles with a maximum technically permissible laden mass of no more than 3.5 tonnes that were registered before 1 December 2023, and for which the maximum permissible total weight was set at no more than 3.5 tonnes before 1 December 2023, are deemed to be vehicles with a maximum technically permissible laden mass of no more than 3.5 tonnes until 31 January 2029 and are therefore subject to the time-based toll or section toll. It is possible to purchase a digital vignette or a digital section toll by registering the licence plate number in the toll system. ASFINAG operates the ASFINAG toll shop in order to enable this registration or the procurement and management of the digital vignette or of the digital section toll.
4. The Toll Shop is available in the following languages: German (standard), English, Croatian, Slovenian, Slovakian, Italian, Czech, Hungarian, French, Turkish, Polish, Dutch, Romanian and Danish.
5. There will be no costs incurred by the user in connection with the use of the ASFINAG-Toll Shop. Any costs for the use of data in connection with the user's (mobile) telecommunication means are charged against the user's telecom service provider.
6. The purchase of the digital vignette or the digital section toll is a legal obligation. Online procurement is possible from the ASFINAG toll shop exclusively within Austria, the EU, the EEA states, as well as Switzerland and the United Kingdom of Great Britain and Northern Ireland. Procurement is based exclusively on these GTU, the integral documents referred to and the statutory provisions. Other conditions - in particular terms of purchase of the purchaser - are excluded.
7. The subject GCU shall be valid for purchases from 13^th February 2024. This and previous GCU (together with the corresponding period of validity) can be found under the following link: https://asfinag. , whereby they are always provided so that they can be stored and reproduced by the user.
Adhesive toll sticker or digital vignette or route toll or digital route toll?
1. Toll stickers and digital vignettes have the same period of validity, they cost the same price and are available as an annual vignette, as a two-month vignette and as a ten-day vignette.
  The one-day vignette is only available as a digital vignette. Toll stickers and digital vignettes differ from each other, however, in that the toll sticker is to be affixed to the vehicle, whereas for the digital vignette, the motor vehicle licence plate number is registered in the toll system in accordance with the specifications of the BStMG (Federal Road Toll Acts). This registration represents the purchase of the digital vignette. In accordance with the tolling regulations, consumers can use the digital annual vignette and the digital two-month vignette, when purchased via distance sale, no sooner than 18 days after the purchase. Otherwise, in the case of the ten-day vignette and the one-day vignette, the start of validity can be freely chosen within the respective vignette year and, if it can already be procured, the following vignette year (1 December to 30 November of the following year), at the respectively valid toll rate (also within the fourteen-day withdrawal period in accordance with FAGG). If the start date is within the 14-day withdrawal period, ASFINAG will ask the consumer to expressly declare a request for early fulfilment of the contract and confirmation that the consumer has taken note of the possible loss of the right of withdrawal in the event of complete (partial) fulfilment of the contract, (independent partial performance is the enabling of the use of national highways per calendar day or period of validity of a one-day vignette). Customers have the choice of opting for the type of toll payment that is most advantageous for them.
2. Conventional section tolls and digital section tolls are the same price and are available as a single trip or multi-trip card.
  In accordance with the tolling regulations, the start date of the digital multi-trip card can be freely selected for consumers (also within the fourteen-day withdrawal period in accordance with the FAGG), even when purchased via distance sale. If the start date is within the 14-day withdrawal period, ASFINAG shall request the consumer to expressly declare a request for early fulfilment of the contract and confirmation that the consumer has taken note of the possible loss of the right of withdrawal in the event of complete (partial) fulfilment of the contract (independent partial performance is the enabling of the use of national highways in the section toll area (respective passage at the toll station) in the sense of a single trip). (see details under item 6.3).
3. ASFINAG also offers the purchase of a subscription for digital annual vignettes or digital multi-trip cards in the toll shop (individually or together: "digital subscription"). With the digital subscription, the subscriber automatically acquires, along with a subscription contract, the future digital annual vignettes or digital multi-trip cards at the respective subscription price for an indefinite period of time and until withdrawal. The current digital annual vignette or digital multi-trip card at the current subscription price is included as the first subscription under the subscription contract.
Purchase of the digital vignette by the consumer
1. See point 2 for general information on obtaining the digital vignette from a distance or from ASFINAG machines or ASFINAG points of sale.
2. Consumers are those who purchase digital vignettes and the purchase does not relate to the business of their company or those who do not declare themselves as a company in the purchase process (see point 5). A company or business is any permanent organization of independent economic activity, whether profit-oriented or not; legal entities of public law are always regarded as companies. When a digital vignette is purchased by a natural person prior to commencement of their business activities to create the required prerequisites, the purchase does not belong to the above-mentioned business.
3. The consumer is clearly informed about which payment methods are accepted at the start of the ordering process. The individual technical steps are illustrated in the ASFINAG-Onlineshop and are self-explanatory, namely by the steps
  - Product selection (including the distinction between a passenger vehicle and a motorcycle): After selection of the vignette product, the country of registration and the license plate number must be input (both twice to prevent input errors). Optionally, for anonymous statistical purposes, the purchaser can specify whether the stated license plate number is an interchangeable license plate number. If the purchaser does not have a standard license plate number, the syntax of the license plate number is not checked further. The purchaser can also select the validity date depending on the product specification (see item 2.1), If the purchaser has a registration code it can be stated here.
  - My data: In order to be able to send the purchaser, in particular, the order confirmation (see item 3.4) or an optional process reminder, it is necessary to enter an e-mail address (twice that to prevent input errors). In addition, the purchaser must specify the payment method. Optionally, the data of the invoice recipient can be entered (mandatory for purchases with a value in excess of EUR 400 (gross)).
  - Order overview: this page displays the total costs (also with and without VAT), the selected products, the stated e-mail address, invoice recipient data and the payment method. The purchaser can delete products or change licence plate number, e-mail address, invoice recipient data and payment method. With this step, the purchaser is provided with an appropriate, effective and accessible technical means by which they can recognize and correct input errors before submitting their subscription declaration. The subscriber is informed about the data processing and must confirm the validity of the GTU including acceptance of the electronic invoice delivery by e-mail and any premature fulfilment of the contract and its consequences (see item 2.1) by ticking a box. By pressing the "ORDER WITH OBLIGATION TO PAY" button, the purchaser confirms the subscription declaration.
  - Payment: The purchaser is forwarded to the respective payment provider for the selected payment method, where the purchaser processes the payment. This entire transaction must be performed exclusively by the payment provider so that the supplementary terms and conditions of the payment provider upon which which the ASFINAG has no influence can be applied.
  - Confirmation: As soon as ASFINAG has received confirmation from the payment provider that the payment has been successfully completed, the purchaser is transferred to the confirmation page. The product ID is also displayed to the purchaser, whereby the purchase notification can be printed out or saved. The invoice can also be displayed or downloaded here.
4. After completing the purchase, the subscriber will immediately receive a confirmation of their subscription declaration or the order confirmation of the purchased digital vignette(s), including any confirmation of the consumer's request for early fulfilment of the contract, including the consumer's acknowledgement of any loss of their right of withdrawal. This e-mail to the purchaser also includes the applicable GTU including sample revocation form for consumers (see also item 4) and the invoice.
5. The subscription process is stored by ASFINAG. After the purchaser has registered in the ASFINAG toll shop under "My account", they are granted access to their purchase data as well as various processing and modification options in connection with their selected products (see details in item 11). Registration for "My Account" is possible online at any time and at no extra cost.
The consumers right of withdrawal from the purchase of the digital vignette
1. In accordance with the toll regulations, consumers buying from a distance are entitled to withdraw from their purchase of the digital vignette within fourteen days without giving a reason. The withdrawal period begins with the date of purchase.
2. In order to exercise their right of withdrawal, the consumer must inform ASFINAG of their decision to withdraw from the purchase with a clear statement (e.g. by sending an e-mail to [email protected] , or a letter in the post). 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 GTU, but this is not obligatory. The withdrawal period shall be respected when the withdrawal notice is sent within the deadline. The effect of a legally valid withdrawal takes effect upon receipt by ASFINAG. Please indicate the product ID(s) concerned, so that the corresponding withdrawal confirmation can be processed quickly and efficiently.
3. In order to ensure the fastest and most efficient processing of withdrawal confirmation, ASFINAG requests that withdrawal confirmations are made by e-mail to [email protected] and, if possible, include the information given in the sample withdrawal form at the end of this GCU.
4. With regard to the legal consequences, a distinction must be made between the following cases of withdrawal from the purchase of digital vignettes within the 14-day withdrawal period:
  - Effective withdrawal before the selected start date: all payments made by the consumer will be refunded by ASFINAG.
  - Effective withdrawal after the selected start date but before ASFINAG has provided the service in full, i.e. the possibility to use the national highways until the start of the last day of the period of validity of the ten-day vignette: ASFINAG shall refund the payments made by the consumer less the pro-rata fee based on the market value of the granting of the possibility to use the national highways (in accordance with the guidelines of the DG Justice in conjunction with the BStMG (Federal Road Toll Acts) and/or vignette prices directive: the toll rate for a one-day vignette is deducted for each validity day or part thereof) until the withdrawal takes effect. If the pro-rata fee exceeds the payments made by the consumer, ASFINAG will not issue a refund.
  - Withdrawal after the selected start date and after ASFINAG has provided the service in full, namely the granting of the possibility to use the national highways at the beginning of the period of validity of the one-day vignette or at the beginning of the last day of the period of validity of the ten-day vignette: the right of withdrawal does not apply and no refund will be made to the consumer.
    
    Refunds will be made by ASFINAG without delay and at the latest within 14 days of receipt of the timely and effective withdrawal notice, whereby the same means of payment used by the consumer to make the payment will be used for the refund.
Purchase of the digital vignette by a company
1. See the general terms relating to the purchase of a digital vignette under item 2.
2. Companies confirm their status during the subscription process. The person acting on the company's behalf thereby confirms that they are procuring the digital vignette(s) as part of their duties on behalf of the company. For the purchase of the digital vignette, what is regulated for consumers in items 3.3 to 3.5 also applies analogously for companies, with the following exceptions: in the case of companies, all digital vignettes can also be made valid immediately after purchase. Companies are not entitled to withdraw from the contract in accordance with item 4.
Purchase of the digital route toll by consumers
1. See the general terms relating to the purchase of a digital route toll from a distance under item 2.
2. The definition of a consumer is defined for the digital route toll in item 3.2.
3. For the purchase of digital section tolls by consumers, the provisions set out in items 3.3 to 3.5 apply mutatis mutandis, with the following special features for section tolls:
  - Product selection: here, the purchaser of a multi- trip card can also choose the start of the 365-day period of validity in accordance with item 2.2 or opt for a single trip. After selecting the section toll product, the country of registration and the licence plate number (both twice to prevent input errors) must be input.
  - In the case of purchasing a single trip or a multi-trip card with a start date within the 14-day withdrawal period, the consumer declares by ticking the appropriate box their express wish that the granting of the possibility to use the national highways should begin immediately or with the start date and in particular before the end of the withdrawal period (see item 7). This allows the consumer to begin the single trip immediately and use the product upon passing through the toll station. There is no right of withdrawal once the single trip/passage through the toll station has started.
The consumers right of withdrawal from the purchase of the digital route toll
1. Consumers have the right to withdraw from the purchase of a digital route toll within fourteen days without giving reasons. The withdrawal period begins with the date of purchase.
2. With regard to the legal consequences, a distinction must be made between the following cases of withdrawal from the digital section toll within the 14-day withdrawal period:
  - Effective withdrawal before passing through the toll station or before the selected start date: the payments made by the consumer for this purpose will be refunded by ASFINAG.
  - Effective withdrawal after the selected start date but before ASFINAG has provided the full service, i.e. the possibility of using the national highways subject to the section toll until the start of the last day of the period of validity of the multi-trip card: ASFINAG shall refund the payments made by the consumer less the pro-rata fee based on the market value of the granting of the option to use the national highways subject to section toll (in accordance with the guidelines of the DG Justice in conjunction with the Tolling Regulations: the toll rate for the respective section toll single trip is deducted for each passage) until the withdrawal takes effect. If the pro-rata fee exceeds the payments made by the consumer, ASFINAG will not issue a refund.
  - Withdrawal after ASFINAG has provided the service in full, namely the granting of the option to use the national highways subject to the section toll with passage through the toll station: the right of withdrawal does not apply and no refund will be made to the consumer.
3. Otherwise, the right of withdrawal from the purchase of the digital route toll shall be deemed to be the same as defined in item 4.
Purchase of the digital route toll by companies
1. See the general terms relating to the purchase of a digital route toll under item 2.
2. Companies are obliged to confirm their status as a company during the purchase process By doing so, the company confirms that it purchases the Digital Section Toll as part of its commercial status. In the case of companies, the Digital Annual Card - in contrast to consumers (see in particular point 6.3) - can be valid immediately after purchase. Companies are not entitled to withdraw from the contract in accordance with item 7.
3. Otherwise the regulation in item 6 for consumers also apply the same way to companies.
Purchase of the digital subscription by consumers and consumer's right of withdrawal
1. For the purchase of digital subscriptions by consumers in the ASFINAG toll shop, the provisions set out in item 3 apply to digital annual vignettes and those set out in item 6 apply to digital multi-trip cards, with the following special features:
  - Product selection: in order to be able to purchase digital subscriptions, the purchaser must register under "My account" (see item 11). A digital subscription is an unlimited procurement of digital annual vignettes or digital multi-trip cards similar to a subscription contract.
  - Validity on first purchase: the start of validity on first purchase of the digital annual vignette as part of the digital subscription is in accordance with item 2.1. The start of validity on first purchase of the digital multi-trip card as part of the digital subscription is in accordance with item 2.2.
  - Validity of subsequent purchases: a digital annual vignette purchased as part of the digital subscription is valid from the date on which the purchase price is debited (7 January of the following year). A digital multi-trip card purchased as part of the digital subscription is valid from the day following the last day of validity of the previous multi-trip card. If a digital subscription for a digital annual card was taken out before 1 December 2023, the customer will receive a multi-trip card as a follow-up purchase in the following years after the expiry of the validity of the annual card.
  - Prices: there is no separate charge for the digital subscription. Only the applicable price for the digital annual vignette or multi-trip card will be charged.
  - When the digital subscription is taken out for the first time, the price for the current digital annual vignette or multi-trip card is debited during the subscription process. In subsequent years, digital annual vignettes will be debited on 7 January and digital multiple-trip cards 20 days before the start of validity of the new multi-trip card.
  - The subscriber of a digital subscription will be informed by ASFINAG by e-mail in good time before the end of the current period of validity about their digital subscription, the right to withdraw, changes to the GTU or other functionalities in connection with the digital subscription.
  - The digital subscription has no minimum term and can be withdrawn from at any time without specifying a reason up to 3 days before payment is debited (for time see above) exclusively under "My account". As soon as the digital subscription has been debited, it is no longer possible to withdraw from the current digital annual vignette or multi-trip card. An unsuccessful debit is deemed to be a timely withdrawal from the digital subscription. The subscriber will be informed of the successful or unsuccessful withdrawal by e-mail to the e-mail address stored under "My account".
2. ASFINAG grants consumers the right to withdraw from the conclusion (initial purchase) of the digital subscription by distance sale within 14 days without specifying a reason. The withdrawal period begins on the day of the first purchase of the digital subscription. The provisions of item 4 shall apply accordingly to the exercise and consequences of the right of withdrawal from the digital subscription. The right of withdrawal applies exclusively to the purchase of the digital subscription and does not apply to subsequent purchases of digital annual vignettes or multi-trip cards as part of the digital subscription.
Purchase of the digital subscription by companies
1. Companies are obliged to confirm their status as companies during the purchase process using an appropriate checkbox.
2. For the purchase and withdrawal by companies, the provisions set out in item 9 for consumers apply mutatis mutandis, with the following exceptions: in the case of companies, the first purchase of the digital annual vignette or digital multi-trip card (also) as part of the digital subscription can be put into effect immediately after the purchase. Companies are not entitled to withdraw from the contract in accordance with item 9.2.
"My Account"
1. Before the start of the validity (start date) of a digital vignette or a digital section toll (but not in the case of digital annual vignettes when purchased as part of a digital subscription), the following data can be changed under "My account" or at the relevant ASFINAG points of sale in accordance with the tolling regulations:
  
  (i) licence plate number and country of registration; and
  
  (ii) first day of validity (only for one-day, ten-day and two-month vignettes, and multi- trip cards).
  
  For a single trip, the licence plate number and country of registration can be changed before the section toll segment has been used.
2. From the beginning of the validity of a digital annual vignette and a section toll multi-trip card (also as part of a digital subscription), the vehicle license plate number and the country of registration of an already purchased digital annual vignette or section toll multi-trip card can be changed in the toll shop or at the corresponding ASFINAG points of sale. According to the tolling regulations, a change is possible for the following reasons:
  - Moving to another political district (subject to a charge, currently EUR 18.–
  - Newly assigned personalised plates (subject to a charge, currently EUR 18-)
  - Renunciation of the personalised plates or expiry of the personalised plates (subject to a charge, currently EUR 18.-)
  - Without giving reasons (once during the period of validity of the digital annual vignette or multi-trip card, subject to a charge, currently EUR 18.-).
  - Loss or theft of the licence plate (free of charge or refundable)
  - Write-off of the vehicle (free of charge or refundable)
  - Theft of the vehicle (free of charge or refundable)
  - Delivery of a licence plate that is no longer legible in accordance with §50 para. 2 KFG (free of charge or refundable)
  - Issue of a licence plate in accordance with §49 para. 4 no. 5 KFG for vehicles with pure electric drive or with hydrogen fuel cell drive (free of charge or refundable)
  Appropriate evidence must be provided for the application. For more information, see Tolling Regulations Part A I, item 3.6 and Part A II, item 4.8.
3. Registered subscribers can log in to "My Account" at any time via the ASFINAG Toll Shop by entering their e-mail address and password. The access data to "My Account" must be kept safe and confidential.
4. Purchasers are requested to keep the data contained in "My Account", in particular their contact details, up-to-date, complete and correct at all times.
5. "My Account" also offers the service that the purchaser can save their payment means for future use within the framework of the subscription.
Public register of the vignette evidence
1. The vignette evidence is a public register which can be inspected by any person to check whether a Digital Vignette/Digital Section Toll with a certain validity period has been purchased for a specific vehicle (license plate) and whether this vehicle may therefore be used on federal roads (motorways and expressways). This verification possibility corresponds to the visual inspection that is possible with the adhesive vignette applied to the vehicle. It also serves the interests of the federal road users. It enables the driver to reliably confirm that they are permitted to use federal roads with the particular vehicle.
2. The vignette evidence does not indicate whether a digital subscription exists.
Warranty and compensation for the purchase
1. The general statutory warranty provisions applicable to consumers are laid down in §§922 to 932a of the General Civil Code ("ABGB").
2. Moreover, the obligation to check and the obligation to lodge complaints in accordance with §377 of the Corporate Code ("UGB") applies to companies.
3. Liability for damages for slight negligence is excluded both towards consumers and towards companies, whereby this exclusion of liability does not apply to personal injury, mandatory liability laws and in relation to consumers also not for breaches of main contractual obligations. In the case of gross negligence, liability towards companies is also limited to the positive damage, whereby the above exceptions to the exclusion of liability also apply here.
Prohibition of resale of digital toll products
1. The commercial resale of digital toll products is prohibited without the express authorisation of ASFINAG.
2. The prohibition of resale does not apply if the resale to consumers takes place with a shortening or waiver of the 18-day cooling off period and ASFINAG does not offer this toll product in the ASFINAG toll shop. These products not offered by AFSINAG may only be sold in compliance with all legal requirements, in particular all information obligations under distance selling law, and with clear and unambiguous price transparency for each price indication (in particular separate indication of the toll fee and any surcharges of the reseller).
Information on complaints and dispute resolution for consumers
1. The EU online dispute resolution platform for online contracts with consumers can be found at https://ec.europa.eu/consumers/odr/ .
2. The Austrian arbitration office for consumer transactions can be found at https://www.verbraucherschlichtung.at/ .
3. ASFINAG is not obliged to participate in any of these alternative dispute settlement procedures.
4. Requests, suggestions and complaints should be addressed to: [email protected] .
Choice of law and place of jurisdiction for companies
1. Austrian law shall apply exclusively to the exclusion of its standard of reference and of the UN purchase right. By virtue of this choice, the recipient of a digital vignette and/or a digital route toll, which is a consumer, is not restricted in its mandatory rights of its home country.
2. In so far as the purchaser of a digital vignette and/or a digital route toll 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.
Severability clause for companies
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 and purpose. The same applies to any gaps.

Sample revocation form for consumers

If you are a consumer and would like to withdraw from the purchase of the digital vignette or the digital route toll, please fill out this form and send it back if possible via e-mail, although this is not obligatory:

To Autobahnen- und Schnellstra ßen-Finanzierungs-Aktiengesellschaft

pA ASFINAG Maut Service GmbH

Schnirchgasse 17

1030 Vienna

E-Mail: [email protected]

Fax: +43 (0) 50 108-10020

I/we (*) hereby revoke the purchase of the digital vignette(s)/digital route toll (*) concluded by me/us (*), ordered on: ___________________.

Licence plate number and country of registration: ______________________________________.

Product ID: ______________________________________.

Name of consumer(s): ______________________________________.

Address of consumer(s): ______________________________________.

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

______________________________________.

Date: ___________________.

(*) Delete as appropriate.