The company DMC digital Maut Consulting GmbH (in the future titled as "service provider") is a German service company with headquarters at Hohenstaufenring 62, 50674 Köln. Managing director is André Khreiche.
Before using the registration service, please read the following general terms and conditions (in the future titled as "GTC"). A download of the terms and conditions is possible via your browser.
In the online store set up by DMC digital Maut Consulting GmbH under its own responsibility, which can be reached under the URL www.europamaut.com, the registration of the specified vehicle registration number for the country selected by the service user is offered in order to enable the service user to drive on the respective freeways subject to vignette obligations and tolls.
In the offered service, DMC digital Maut Consulting GmbH explicitly acts only as an intermediary between the service user and the official authority of the country for toll matters, so that a contract between the service user and the official authority of the country for toll matters is concluded. For the mediation, the service provider / mediator receives a mediation commission, which is provided to the service user for reference in the consumer information and which must be acknowledged and confirmed by the service user by clicking an opt-in checkbox in the ordering process.
The license plates are registered in the respective official toll systems of the countries in the name of the company, but for the account of the service user, and the costs for the time- or mileage-dependent use of the respective route are paid to the respective toll operator. Registration takes place within a few minutes.
By registering the license plate, the service user acquires a digital vignette or digital route toll at the official toll shop of the respective country and thus no longer needs an adhesive vignette. The service user can register his license plates for different periods of time.
DMC digital Maut Consulting GmbH is not an official sales partner of the respective toll operators, but an independent service provider.
The edition of the GTC existing at the time of the utilisation of the service is decisive. Other than these GTC shall not apply. For the aforementioned service, the GTC written here apply specifically, if there is no deviating written agreement between the service user and the service provider. Agreements specifically agreed between the service user and the service provider shall be prioritized.
3.1 The service user is given by offering the service in the online shop www.europamaut.com the opportunity to make an offer to the service provider. By ordering the registration of the license plate of the Service User, the latter makes a declaration of intent on the conclusion of a contract with the Service Provider for the registration of the respective license plate, not for the purchase of the toll product. The contract for the purchase of the toll product is concluded through the intermediary between the Service User and the official toll authority of the country. The contract is concluded by sending a written order confirmation from the Service Provider to the Service User.
3.2 The subject of the service is, among other things, the registration of the license plates of the Service Users in the toll systems of the respective countries, which is usually performed within a few minutes and without waiting periods of, for example, several days. The service provider starts providing the service immediately after the service user completes the ordering process. For this purpose, if the Service User is an Austrian consumer (customers domiciled in Austria and/or customers with a vehicle with an Austrian license plate) and wishes to register an Austrian toll product, the Service User must click on an opt-in checkbox to mark the following declaration as read and accepted: „I agree to the terms and conditions, the cancellation policy and the consumer information." A non-austrian consumer (customers located outside Austria and/or customers with vehicles with non-austrian license plate), who wants to register an austrian toll product, as well as all consumers who do not want to register austrian toll products, must actively agree to the early termination of the right of withdrawal in accordance with Section 356 Paragraph 4 of the German Civil Code (BGB) by clicking on an opt-in checkbox on the order overview page, by which they mark the following declaration as having been read and accepted: „I agree to the terms and conditions, cancellation policy and consumer information. I agree and expressly request that you start the execution of the ordered service before the end of the withdrawal period. I am aware that I lose my right of withdrawal when the contract is completely fulfilled by you. The service is only carried out by clicking on the above-mentioned consent provided for the respective consumer. If the payment or license plate confirmation takes place on a later day than the selected start date of the product, the implementation of the service is conducted at the earliest possible time. In this regard, the service user is aware that registration of his license plates can not take place for the past.
The registration is confirmed to the service user with the receipt of a registration confirmation, only then is the registration completed and the service user is entitled to drive on toll roads. The registration within a few minutes can not always be guaranteed due to numerous (external) influencing factors. In case of non-receipt of the registration confirmation, the Service User undertakes to contact the Customer Support. If the Service User drives on toll roads without receiving the registration confirmation and receives one or more penalties for any unauthorized use of toll roads, the Service Provider cannot and will not pay the respective penalties. By clicking the opt-in checkbox, the Service User accepts the Service Provider's GTCs.
3.3 If the Service User does not select the day on which the registration is ordered by him as the validity start date of his toll product, but a date in the future, the Service User has the option to add a cancellation protection to the toll product by clicking on an unselected checkbox. Cancellation protection includes free cancellation, license plate change, and validity period change up to 30 minutes before the start of validity, as well as registration of the toll product on time for the start of validity. All information on "cancellation protection" will be made available to the Service User at www.europamaut.com/en/cancellation-protection-information .
According to §13 BGB persons within the meaning of this Act when concluding a distance selling transaction in principle have a statutory right of withdrawal, about which the Fa. DMC digital Maut Consulting GmbH, in accordance with the legal requirement, provides following information:
Cancellation Policy
You as the service user have the right to revoke this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract.
To exercise your right of withdrawal, you must inform us, DMC digital Maut Consulting GmbH, Hohenstaufenring 62, 50674 Cologne, info@europamaut.com by means of a clear declaration (e.g. a letter or e-mail sent by post) about your decision to revoke this contract. You can use the attached sample withdrawal form, which is not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notice about the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the Revocation:
If there is an effective revocation, we will refund all payments that we have received from you, including the delivery costs. This does not apply to the costs that you have incurred additionally because you have chosen a different type of delivery than the cheapest standard delivery offered by DMC digital Maut Consulting GmbH. The refund by DMC digital Maut Consulting GmbH will be made immediately and at the latest within 14 days after receipt of the cancellation and by the same means of payment that you used for payment, unless otherwise expressly agreed with you. You will not be charged any fees for this cancellation.
Value replacement:
If you have demanded that we should commence with the services during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract. The calculation of the compensation shall be made using the banking method (each month is calculated at 30 days, each year at 360 days) pro rata to the price of the service and the past period of validity.
Right of withdrawal for non-Austrian consumers (customers located outside of Austria and/or customers with vehicles with non-Austrian license plates) and Austrian consumers (customers located within Austria and/or customers with vehicles with Austrian license plates) without toll product from Austria
Early Termination of the Right of Withdrawal
The right of withdrawal expires in the case of a contract for the provision of services even if the entrepreneur has fully performed the service and has only begun to perform the service after you as a consumer have given your express consent to this and at the same time have confirmed your knowledge that you lose your right of withdrawal upon full performance of the contract by the entrepreneur. According to the case law of the Regional Court of Regensburg (file number: „1 HK O 1116/22“ judgment of 28.03.2023), the service, as described above, is to be regarded as fully provided as soon as the registration of the service user's license plates by the service provider has taken place and has been confirmed to the service user. In this case, the right of withdrawal expires early.
Right of withdrawal for austrian consumers (customers with residence within Austria and/or customers with vehicle with austrian license plate) with a toll product from Austria
For austrian consumers with a toll product from Austria the right of withdrawal is granted according to austrian jurisprudence without restriction.
- End of the cancellation policy -
Sample withdrawal form
If you wish to cancel the contract, please fill out this form and return it to us.
Fa. DMC digital Maut Consulting GmbH, Hohenstaufenring 62, 50674 Köln
I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following service (order number*)
Ordered on (*)/received on (*)–
Name of the service user
Address of the service user
Signature of the service user (only for paper communication)
Date
(*) Delete as applicable
In the event of an unauthorized chargeback on the part of the service user, for example by opening a conflict case with the payment provider, the service user will receive a reminder containing the following fees of the respective payment providers: Mollie (includes payment providers Giropay, Sofortüberweisung, iDEAL, EPS, Überweisung, Klarna) 5€, Stripe (credit card) 15€, Paypal 5€.
All prices stated in the online store of the Service Provider represent gross prices in euros, which are payable by the Service Users upon fulfilled conclusion of the contract from point 3.1 of the GTC. The prices consist of the fixed fees of the toll products of the respective official toll operators and the service fee of the Service Provider. A breakdown of the total price shall be provided to the service user in the consumer information, which the service user shall confirm having read before completing the ordering process.
By using the service, the service user assures that he/she is authorized to commission the service.
Only by providing correct personal and vehicle data, in particular license plate data, is the performance of the service by the service provider correctly possible. A misstatement is accordingly the responsibility of the service user, not the service provider.
The service user enters the license plates, the registration of which he/she requests from the service provider, several times during the ordering process. Before completing the order, the service user must actively confirm the correctness of the license plate numbers again within 15 minutes. If the license plate numbers are not correct, the Service User can make a change. In this way, the service provider attempts to prevent incorrect entry of the license plates. If the confirmation or, if applicable, a change of the license plate numbers on the part of the service user is not carried out within 15 minutes, the license plate numbers previously entered by the service user will be confirmed by the system and the registration will be carried out.
If, despite the aforementioned measures to prevent incorrect entry of a license plate by the service user, an incorrect entry is made, the license plate can only be changed within the scope of the conditions specified by the official toll provider.
For a change of an annual route toll or an annual vignette in Austria, the service provider provides a product transfer function. After the toll product has been successfully transferred to the service user's AsfinAG account, the license plate can be changed under the terms and conditions of AsfinAG. A guarantee for a successful product transfer can not be given on the part of the service provider.
The Service Provider shall issue an invoice to the Service User upon the latter's request (by clicking a button in the order process), also on a subsequent basis.
The company DMC Maut Consulting GmbH reserves the right to investigate suspicious circumstances with regard to fraud or the fraudulent use of services and to bring these to criminal charges. DMC Maut Consulting GmbH also reserves the right to initiate measures under civil law, such as claiming compensation for lost value that may have been initially granted. In addition, DMC Maut Consulting GmbH shall be entitled to exclude the customer in such cases from the use of future services.
7.1 DMC digital Maut Consulting GmbH is not obliged to participate in a dispute resolution procedure and is not willing to do so. However, we are required by law to refer to the competent consumer arbitration board:
General consumer arbitration board of the center for arbitration e.V., Straßburger Stra;e 8, 77694 Kehl am Rhein, Phone: 07851 / 795 79 40, Fax: 07851 / 795 79 41, E-Mail: mail@verbraucher-schlichter.de, Website: https://www.verbraucher-schlichter.de/start
At www.ec.europa.eu/consumers/odr, the European Commission provides a platform for online out-of-court dispute resolution (ODR platform)
7.2 The contractual relationship between the Service User and the Service Provider shall be governed exclusively by German law. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws rules of private international law is excluded. This does not affect the mandatory consumer protection provisions of the country in which the service user has his residence or habitual abode as a consumer.
7.3 For rights arising from the contractual relationship between the service user and the service provider, the place of jurisdiction is the head office of the service provider. The situation is different if the service user is a consumer. In this case, the place of jurisdiction is the domicile of the service user. Even in the case of a consumer, the place of jurisdiction may exceptionally be the head office of the service provider if the service user has no general place of jurisdiction in Germany, the service user has moved his place of residence or habitual abode out of Germany after conclusion of the contract, or the place of residence or habitual abode of the service user is not known at the time the action is brought.
7.4 In the event of partial invalidity of the aforementioned GTC, the concluded contract between the service user and the service provider as well as the remaining GTC shall continue to apply. The invalid provisions shall then be replaced accordingly by statutory provisions that come closest to the original rules in terms of content. This shall also apply to any existing unresolved aspects of the contract.
As of: 09/28/2023