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General Terms and Conditions (GTC)

FELBERTAUERNSTRASSE AG DIGITAL TOLL SHOP

For the sake of readability, gender-specific language has been omitted. All references to individuals apply equally to all genders.

    1. Felbertauernstraße AG Digital Toll Shop
      1. Felbertauernstraße AG (hereinafter referred to as “FAG”) operates the digital toll shop at shop.felbertauernstrasse.at.
        Felbertauernstraße Aktiengesellschaft collects fees (hereinafter referred to as “tolls”) through an open toll system. Tolls are levied on the Felbertauern Tunnel section of the P1 Felbertauernstraße (toll-subject road section).
        In addition to the applicable legal provisions, the currently valid toll regulations serve as the basis and form an integral part of these General Terms of Use (hereinafter referred to as “GTC”).
      2. FAG’s digital toll shop allows users to purchase a digital toll product by registering their license plate number in the toll system. The digital toll shop is available in German and English.
      3. Users incur no additional costs for using the digital toll shop. Any costs for data usage are billed by the user’s telecommunications service provider.
      4. The purchase of digital toll products constitutes a legal obligation. Online purchases via the Digital Toll Shop may only be made within Austria, the EU, the EEA states, Switzerland, and the United Kingdom of Great Britain and Northern Ireland. Purchases are made exclusively on the basis of these Terms of Use, the documents incorporated by reference, and the applicable legal provisions. Other terms and conditions—in particular the user’s terms of purchase—are excluded.
    2. Right of Withdrawal in Distance Selling
      1. A consumer is anyone who purchases digital toll products and for whom this purchase is not part of their business operations or who does not identify themselves as a business operator during the ordering process.
      2. A business is any organization engaged in independent economic activity on a permanent basis, even if it is not profit-oriented. Legal entities are always considered business operators.
      3. For distance sales contracts with consumers, the provisions of the Distance and Off-Premises Sales Act (FAGG) apply. In particular, consumers are generally entitled to a 14-day right of withdrawal. If the service is provided before the expiration of this period at the consumer’s express request, the statutory provisions regarding early contract performance and the possible forfeiture of the right of withdrawal apply. When purchasing a digital toll ticket, the FAGG expressly requires the user to declare that they have acknowledged the possible loss of the right of withdrawal in the event of contract performance prior to the expiration of the 14-day withdrawal period.
    3. Purchasing the Digital Toll Ticket
      1. At the beginning of the ordering process, the user is informed about which payment methods are accepted. The individual technical steps are clearly and intuitively presented in the online store.
        • Product Category Selection: This is where users select the digital toll product and vehicle type.
        • Product Selection: Users can initially add toll products to their shopping cart without obligation.
        • Shopping Cart: The selected products and their total cost are displayed here. Users can remove products from the cart here.
        • Product Configuration: The state of registration and license plate number must be entered here. If the subscriber does not have a standard license plate, the license plate syntax is not further verified. Price adjustments for special toll categories are applied automatically based on the license plate.
          The user must confirm any early termination of the contract and its consequences by checking a box.
        • The toll products become valid upon completion of the purchase process and are limited to two years.
        • Payment Information: To enable the user to receive the order confirmation, an email address must be provided. Additionally, the user must select a payment method.
        • When ordering via a customer account, the billing recipient’s information (including VAT ID) can be entered.
        • Order Summary: The selected products and their total cost are displayed here. The user can remove products here. By navigating back through the purchase process, the user is provided with an appropriate, effective, and accessible technical means to correct input errors before submitting their purchase order. The user must confirm acceptance of the Terms and Conditions and consent to receiving electronic invoices via email by checking a checkbox. By clicking the “PLACE ORDER WITH OBLIGATION TO PAY” button, the user submits their order.
        • Payment: The user is redirected to the respective payment provider for the selected payment method, where the user must complete the payment transaction. This entire process is handled exclusively by the payment provider, so additional terms and conditions of the payment provider may apply, over which FAG has no control.
        • Order Confirmation: As soon as FAG receives confirmation from the payment provider that the payment has been successfully processed, the subscriber is redirected to the confirmation page.
      2. Upon completion of the purchase, the user will immediately receive an order confirmation for the purchased toll products and the invoice at the email address they provided.
      3. The purchase transaction is stored by FAG. After the purchaser has registered for a customer account in FAG’s digital toll shop, they will gain access to their purchase data as well as various options for editing and modifying their customer information. Registration for a customer account is possible online at any time and at no additional cost.
    4. Consumer’s Right of Withdrawal from the Purchase of a Digital Toll Product
      1. Consumers have the right to withdraw from the purchase of a digital toll product within fourteen days without providing a reason. The withdrawal period begins on the day of purchase.
      2. To exercise their right of withdrawal, the consumer must inform FAG of their withdrawal from the purchase by means of a clear statement (e.g., an email to info@felbertauernstrasse.at or by clicking the “CANCEL CONTRACT” button on shop.felbertauernstrasse.at). The notice of withdrawal may be in any form but must contain a clear statement of withdrawal. The withdrawal period is deemed to have been observed if the notice is verifiably sent within the period. The withdrawal takes effect upon receipt by FAG.
      3. The legal consequences of withdrawal are as follows:
        • Single-ride tickets and valid cancellation before FAG has fully provided the service: FAG will refund the payments made by the user for these tickets
        • Purchase of an annual pass and valid cancellation before FAG has provided the service for the first time: FAG will refund the payments made by the user for the annual pass
        • Single-ride ticket or purchase of an annual pass and valid cancellation after FAG has provided the service for the first time: If FAG has already begun providing the service at the consumer’s express request before the cancellation period has expired, the consumer may be obligated, in the event of cancellation, to pay a proportionate amount for the services already provided up to the time of cancellation.
        • If the service has been fully provided and the legally required express consent as well as confirmation of acknowledgment of the loss of the right of withdrawal were provided, the right of withdrawal may lapse in accordance with the FAGG.
      4. Refunds by FAG shall be made without delay, no later than 14 days after receipt of a timely and effective notice of withdrawal. Refunds will be made using the same payment method the user used to process their payment.
    5. Purchase of a Toll Product by a Business
      1. Businesses can enter their company information during the ordering process by creating a customer account. By doing so, the business confirms that it is purchasing the toll products in its capacity as a business for its company. Businesses are not entitled to withdraw from the contract pursuant to Section 2.3 or Section 4.
    6. Customer Account
      1. After creating a customer account, registered users can log in at any time to the customer area of FAG’s digital toll shop by entering their email address and password.
      2. Previous orders, including tickets, are visible in the customer account, and changes to personal information can be made there. 
        Login credentials must be kept secure and confidential.
        Users are requested to keep the data in their customer account up-to-date and accurate.
    7. Warranty and Damages
      1. For consumers, the general statutory warranty provisions set forth in Sections 922 through 932a of the General Civil Code (“ABGB”) apply.
      2. With respect to business customers, the obligation to inspect goods and the duty to file a notice of defects pursuant to § 377 of the Austrian Commercial Code (“UGB”) also apply.
      3. To the extent permitted by law, liability for damages caused by slight negligence is excluded. This does not apply to personal injury, claims under mandatory statutory liability provisions, or, with respect to consumers, damages resulting from a breach of material contractual obligations. With respect to business customers, liability for damages caused by gross negligence is limited to actual damages. Liability for lost profits, consequential damages, and indirect damages is excluded with respect to business entities. The foregoing limitations of liability do not apply to the extent that mandatory law precludes them.
    8. Prohibition on the Resale of Digital Toll Products
      1. The commercial resale of digital toll products is prohibited without the express permission of FAG.
    9. Information on Complaint Procedures and Dispute Resolution for Consumers
      1. The Austrian Conciliation Board for Consumer Transactions can be found at http://www.verbraucherschlichtung.or.at/.
      2. FAG is not obligated to participate in any of these alternative dispute resolution procedures.
      3. Requests, suggestions, and complaints should be directed to: info@felbertauernstrasse.at.
    10. Governing Law and Jurisdiction
      1. Austrian law applies, excluding its conflict-of-laws provisions and the UN Convention on Contracts for the International Sale of Goods. If the user is a consumer, this choice of law does not limit the consumer’s mandatory rights under the law of the country of their habitual residence. To the extent that the user of the digital Mautshop is not a consumer, the exclusive place of jurisdiction in connection with the use of the Mautshop is the court with subject-matter jurisdiction over Lienz.
    11. Severability Clause for Businesses
      1. The following applies to business users, but not to consumers: The invalidity or unenforceability of individual provisions of these Terms of Use shall not affect the validity of the remaining provisions. An invalid or unenforceable provision shall be replaced by a valid provision that most closely approximates its economic meaning and purpose. The same applies to any gaps.