Terms and Conditions

1. INTRODUCTION

1.1 Website atvignette.com (the "Website") is operated by GOVIGNETTE LTD, a 128 City Road, London, United Kingdom, EC1V 2NX (the "Company").

1.2 The Company offers its customers a service for the mediation of the payment of toll charges for the use of European toll roads ("the Service").

1.3 These General Terms and Conditions for the Website (hereinafter referred to as "GTC") govern the mutual rights and obligations of the parties arising in connection with or pursuant to a contract for the provision of services (hereinafter referred to as "Contract") concluded through the Website.

1.4 The Customer is every visitor to the Website, regardless of whether he acts as a consumer or as a businessman (hereinafter referred to as "Customer").
1.5 The Consumer is a person who, when concluding and performing the Contract, is not acting in the course of his trade or other business (hereinafter referred to as "Consumer").

1.6 The Company shall pay the charge for the use of European toll roads directly to the operator of the following country sites on behalf of the Customer

1.7 The Customer acknowledges that the Service does not involve the sale of electronic vignettes or the provision of rights to use land communications. The Company is not a business partner of any public authority that levies road user charges.

1.8 Provisions deviating from these GTC may be agreed in a written contract. Deviating provisions in the contract shall prevail over the provisions of these GTC.

1.9 The provisions of these GTC are an integral part of the Contract concluded via the Website. The Contract and the GTC are drawn up in the Czech language.

1.10 The wording of the GTC may be amended or supplemented by the Company. This provision shall not affect the rights and obligations arising during the period of effectiveness of the previous version of the GTC.

1.11 By accessing any of the Websites, the Customer acknowledges that he/she has read and agrees to be bound by these GTC.

 

2. CONCLUSION OF CONTRACT

2.1 To order the Service, the Customer shall do the following:
(a) select the type of vehicle he/she wishes to use on the Toll Road;
(b) clicks on the "Buy" or "Order" button (depending on the current version and translation of the page)
(c) selects the period when he/she wants to travel on the toll roads;
(d) selects the country of registration of his/her license plate and license plate number
(e) alternatively, depending on the type of service, selects and fills in the additional data required to complete the Order (VIN code of the car, type of drive)
(f) confirms the data entered and clicks on the "I agree to the General Terms and Conditions" button to confirm his/her acceptance of these GTC;

(hereinafter collectively referred to as the "Order").

2.2 Before submitting an Order, the Customer shall be given the opportunity to review and amend the data it has entered into the Order, including with respect to the Customer's ability to identify and correct any errors made in entering data into the Order. The data provided in the Order shall be deemed correct by the Company. The validity of the Order is subject to the completion of all mandatory data in the Order Form and the Customer's confirmation that he/she has read these GTC.

2.3 The Customer's Order made via the Website is a binding proposal to conclude a Contract with the Company. After payment by the Customer, the Company will confirm receipt of payment electronically by email with the text "Order accepted". The Customer agrees and accepts that this email does not mean that the order has been completed.

2.4 Once the Company has verified the data, the Service shall be provided to the Customer within a reasonable time, provided that the data is correct. In the event that the data provided by the Customer is not in order, a request is sent to the Customer electronically to correct the data so that the Order can be completed. The Company shall not be liable for any damages incurred by the Customer while not responding to the stimuli necessary for the completion of the Order by the Company.

2.5 The Agreement is concluded upon delivery of the Order confirmation to the Customer's Electronic Address. The Customer is clearly informed that it is only at this point that the Service is active.

2.5 All Orders accepted by the Company are binding.

2.6 The Customer consents to the use of remote means of communication in entering into the Contract. Costs incurred by the Customer in using remote means of communication in connection with the conclusion of the Contract (internet connection costs) shall be borne by the Customer.

2.7 The Contract is the legal basis on which the Company acts for the Customer.

2.8 The Customer agrees that the Company is not responsible for any incorrectly completed details on the Company's website and accepts full responsibility for any additional costs arising from this.

2.8.1 The Customer agrees that the registration details provided in the validation email are valid, including the country of registration of the car, the registration number and the expiry date. The Customer agrees to a final textual and visual check of the data and agrees that the Company shall not be liable for any damages resulting from erroneous data entered or changed at any step of the order process, either directly by the Customer or by the Company as a result of a suggestion from the Customer (on the website, by telephone, by email or through any other digital form of communication).

2.9 Company is responsible for sending Communications Electronically from Company's server.

2.10 The Customer is aware of all the requirements of email communication and will ensure that all necessary arrangements are made on its part to receive the email or other form of communication. He/she agrees that in the event of non-delivery of email due to a problem on the Customer's side (email marked as spam, email not delivered due to software error on the Customer's side), the Company shall not be liable for any damages or additional costs in cases beyond the Company's control (Customer's internet connection not working, roaming turned off, etc.).

2.11. Alternative methods of communication (SMS, Whatsapp, Push notifications, etc.) are subject to the same terms and conditions as email communication. The Customer accepts responsibility for non-delivery of information in this form in cases beyond the Company's control (Customer's internet connection not working, roaming switched off, etc.).

2.12. In the event that the Company is unable to provide the Customer with the Service (the Service is no longer active, it is not possible to purchase it), the Customer will be refunded the amount paid in full and without delay

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2.13. The Customer agrees that in the event that it receives any notice in relation to the Service ordered, this information to the Company without delay, but not later than 2 days after receipt of the notice. In the event of failure to comply with this time limit, the Customer agrees not to claim any damages from the Company.

3. SERVICE PRICE AND PAYMENT TERMS

3.1 The Website contains information about the price of the Service and the price of the Toll Road Charge itself. The prices are inclusive of value added tax (if applicable). The prices remain in force for as long as they are displayed on the Website. This provision does not limit the Company's ability to enter into the Contract on individually agreed terms.

3.2 The Customer may pay the price of the Service and the Toll Road User Charge to the Company in the following ways:
(a) by wire transfer to the Company's account;
(b) by credit card through a payment portal;
(c) by Paypal.
(d) non-cash via Stripe.

3.3 In the case of non-cash payment, the Customer's obligation to pay the price is fulfilled at the moment of crediting the relevant amount (the sum of the price of the Service and the fee for the use of Slovak or Austrian toll roads) to the Company's account. If the Customer fails to pay the price duly and on time, the Contract shall terminate unless the Company notifies the Customer otherwise.

3.4 In the event that there is an obvious technical error on the part of the Company in the display of the prices on the Website or during the ordering process, the Company shall not be obliged to deliver the Service at such obviously incorrect price.

4. DELIVERY OF SERVICE

4.1 The Service is delivered to the Customer by sending a receipt to the Customer's Electronic Address upon payment of the price of the Service and the Toll Road Usage Charge for the selected country service. The confirmation will come in the form of an email, alternatively by other means of communication, and clearly indicates that the Customer has an active service. The Customer agrees that any other emails DO NOT constitute activation of the service.

4.2 The Customer shall inform itself of the current range of validity of the vignettes at the destination. The Customer agrees that the service (unless otherwise stated) does not cover the charge for special sections that are visibly marked as additional toll sections. Indicative listing of motorway sections that need to be paid additionally on the spot: Autobahn 9 Pyhrn including Bosruck and the Gleinalm tunnel, A 10 Tauern Autobahn including Tauern and the Katschberg tunnel, Autobahn 11 Karawanken, Brenner Autobahn 13 including the Europabrücke, S 16 Arlberg Schnellstraße including the Arlberg road tunnel

5. CONSUMER'S RIGHT TO WITHDRAW FROM THE CONTRACT

5.1 Under European law, the Consumer normally has the right to withdraw from the Contract within 14 days of purchasing the service. In view of the nature and immediate effectiveness of the Service, the Customer expressly agrees, by placing an Order, that the withdrawal period will be shortened in view of the immediate effectiveness of the Service, and only until the start of the processing of the Order (when the Service is already provided to the Customer). From that moment on, the Service is provided to the Customer and no withdrawal is possible. The exact date and time of receipt by the Company (not sending by the Customer) of the withdrawal request by email (alternatively by contacting customer support), but no later than 1 hour before the start of processing, shall determine the possibility of withdrawal. In the event of disputes, the exact date and time of processing can be sent to the Customer upon request, alternatively this information can be found transparently on their order information page.

5.2 With regard to the impossibility of reimbursement for activated services by third parties, the Consumer expressly agrees and accepts the impossibility of withdrawing from the Contract at the moment the service is already provided by the Company.

5.3 Cancellation Fee - The Consumer agrees to a cancellation fee of 40% of the amount paid. This fee is to cover the costs associated with bank charges, currency conversion, time costs associated with processing the order. The fee can be fully waived only in exceptional and proven cases (serious illness, inability to travel due to force majeure) and it is at the Company's discretion whether it will be waived. The cancellation fee, unless otherwise specified, will be paid by SEPA payment to the account (IBAN + SWIFT) entered by the Customer on the order management page within 14-31 days.

5.3.1 Cancellation Fee - Duplicate Order - The Consumer agrees that the Cancellation Fee does not apply in the event that, after placing an Order with the Company, he/she duplicates the Service with another provider, thereby preventing the ability to provide the Service. In this case, the Consumer will be contacted with the option to change the expiration date or use the service for another vehicle. The Consumer expressly agrees that due to the increased time required to resolve such an order, cancellation of the Order is not possible.

 

6. RIGHTS OF PERFORMANCE AND QUALITY GUARANTEE

6.1 The rights and obligations of the Parties with respect to rights of defective performance shall be governed by the applicable generally binding legal provisions.

6.2 In the event of any deficiencies or irregularities in the provision of the Service, the Customer shall promptly inform the Company of any identified defects in the Service, in particular by electronic mail. Contact details are provided on the Website.

6.3 The Company is obliged to issue the Customer with a written confirmation of when the Customer exercised the right of defective performance, what is the content of the claim; and also a confirmation of the date and manner of the claim settlement.

6.4 The Company must inform the Customer that the claim has been settled and how it has been settled, by sending an email to the Customer's Electronic Address.

6.5 If the defect is remediable, the Customer may claim either a repair or completion of what is missing or a reasonable discount on the price. If the defect cannot be remedied, the Customer may either withdraw from the Contract or claim a reasonable discount on the price.

6.6 The Consumer will be provided with a complaint including the removal of the defect without undue delay, within 30 days of receipt of the complaint. After the expiry of this period, the consumer shall be entitled to the same rights as if it were a material breach of the Contract.

6.7 The Company shall not be liable for any loss, injury or damage to property, whether direct or indirect, caused by a defect in the Service unless such loss, injury or damage to property was caused by negligence, omission or intent on the part of the Company.

7. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

7.1 The Company shall be entitled to withdraw from the Contract on the grounds of inability to pay the European Toll Road User Charge. The Company shall promptly notify the Customer of this via the Customer's Electronic Address and shall return all monies received from the Customer under the Contract within 14 days of the notice of withdrawal in a manner satisfactory to both parties (by prior agreement) or in a manner specified by the Customer.

7.2 The Company shall handle the Customer's complaints via the electronic address . The Company shall send information about the handling of the Customer's complaint to the Customer's electronic address.

7.3 If the Customer is a consumer, the Czech Trade Inspection Authority, ID No. 00020869, with registered office at Štěpánská 567/15, 120 00 Prague 2 - Nové Město, internet address: https://adr.coi.cz/cs, is competent for out-of-court resolution of consumer disputes arising from the Contract. In addition, the consumer is entitled to use the online dispute resolution platform located at the Internet address http://ec.europa.eu/consumers/odr.

7.4 The point of contact for consumers under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (the Regulation on online dispute resolution for consumer disputes) is the European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2 - Nové Město, internet address: http://www.evropskyspotrebitel.cz.

8. DELIVERY

8.1 Unless otherwise stated, all notices to the Customer may be given in the form of an electronic message addressed to the Customer's Electronic Address.

9. FINAL PROVISIONS

9.1 If the relationship established by the Contract contains an international (foreign) element, then the Parties agree that the relationship shall be governed by Czech law. This is without prejudice to the Consumer's rights under generally binding legal regulations.

9.2 If any provision of the GTC is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.

9.3 The Sale and Purchase Agreement shall be archived by the Company in electronic form and shall not be accessible to third parties.

9.4 A sample form for withdrawal from the contract by the consumer is attached to these GTC.

9.5 These GTC shall take effect on 9/11/2023