General terms and conditions maut1 GmbH

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Status September 2024

1. Basic scope of application and general terms and conditions of maut1

1.1. Scope of application 

These General Terms and Conditions of maut1 GmbH (GTC) apply to the entire business relationship between the maut1 customer (Customer) and maut1 GmbH (maut1). After the termination of the business relationship, these GTC shall continue to apply until the final settlement of the business relationship.

1.2. Validity of the general terms and conditions of the partners of maut1 

For certain maut1 products, services from third parties are used in order to be able to offer the service to the customer (partners of maut1). In these cases, the general terms and conditions of the partner(s) of maut1 also apply. The terms and conditions can be viewed here: www.maut1.de/en/help-and-service/partner-gtc/ . maut1 informs the customer about the respective partners under the respective product rules (sections 8 to 10) and will inform the customer about changes in accordance with section 19 as with changes to its own GTCs.

2. Benefits 

maut1 shall provide the services ordered by the customer in the customer portal or, if ordered via a third party, the services ordered there and accepted by maut1. 

maut1 enables the customer, among other things 

• its toll payment obligations for journeys on toll routes (see section 8) and 
• the obligation to pay fees for the use of certain car parks and multi-storey car parks (see section 9) can be provided contactlessly. 

If required, maut1 will provide the customer with a physical device (see section 11) with which the customer can legitimise himself or his vehicle. 

The use of roads, car parks and car parks and other traffic areas (hereinafter referred to as "toll roads") is granted to the customer by third-party service providers (hereinafter referred to as "toll chargers") in accordance with the rules laid down by the latter and which are beyond the control of maut1. 

The customer shall pay the fees charged by the toll chargers for the use of the toll roads for the toll box allocated to him or a vehicle with the licence plate entered by him (hereinafter "toll charges") (see Section 6.2). 

In addition to these charges, the customer shall pay the agreed maut1 charges in accordance with the maut1 price list. 

maut1 shall periodically invoice the customer for the fees paid by the toll chargers and its own fees. 

3. Conclusion and termination of the contract and contract term 

3.1. Prerequisite for the conclusion of a contract 

The prerequisite for the conclusion of a contract between maut1 and the customer is that the customer is a natural person with unlimited legal capacity who is resident in one of the countries listed during registration at www.maut1.de and has reached the age of 18 or is a legal entity that has its registered office in one of the countries listed during registration at www.maut1.de (hereinafter referred to as the "customer"). If an offer has been accepted from a person who does not fulfil these requirements, maut1 is entitled to declare its withdrawal from the contract to the Customer within a period of seven working days. When placing an order, the Customer must provide truthful information about his identity and the information requested in each case. If he does not fulfil this obligation, maut1 is entitled to withdraw from the contract. maut1 is entitled to demand compensation from the customer for the resulting damage. 

3.2. Order and acceptance 

The Customer's order via the maut1 website constitutes an offer to maut1 to conclude a contract. When the Customer places an order with maut1, maut1 sends the Customer an e-mail with the order details. This order confirmation does not constitute acceptance of the Customer's offer, but is only intended to inform the Customer that his order has been received by maut1. A contract is only concluded when maut1 sends the ordered product or the toll product to be provided to the customer and confirms the dispatch to the customer with a second e-mail (dispatch confirmation). 

3.3. Caution 

maut1 is authorised to make the acceptance of the contract dependent on the payment of a deposit by the customer. maut1 will inform the Customer of the amount of the deposit after checking the Customer's creditworthiness. 

3.4. Continuing obligations 

The following regulations apply to products that can be used permanently, in particular toll services (Section 8) and parking services (Section 9). 

3.4.1. Contract duration and extension 

For products that can be used permanently, in particular toll services (Section 8) and parking services (Section 9), the contractual relationship is concluded for the duration selected when the product was ordered. If nothing is selected or otherwise agreed, the term is one year. For products that require a physical device (e.g. toll boxes), the term begins three days after the toll box is sent to maut1 ("fixed term"). The term shall be extended by one year at a time if it is not cancelled by one of the contracting parties at least one month before the end of the current term. Timeliness is determined by the date of receipt of the cancellation. The customer can also cancel the contract that is linked to a physical device (e.g. toll box) by returning the device. 

3.4.2. Cancellation 

3.5. Partial cancellation of inpidual services 

maut1 is entitled to terminate inpidual services at any time if the contract with maut1's upstream suppliers ends. maut1 will declare the corresponding cancellation as soon as possible after it has been determined that the supplier cannot be replaced by another supplier or cannot be replaced in time. 

If it is no longer reasonable for the customer to adhere to the contract after the partial cancellation by maut1, the customer has a special right of termination without notice. The customer may declare the special right of cancellation within 14 days of receipt of the notice of termination. 

3.6. Termination for good cause 

Termination for good cause with a shorter notice period or without notice is permissible irrespective of this. Good cause shall be deemed to exist for maut1 in particular if the Customer misuses a toll box or grossly violates the obligations incumbent on the Customer under these General Terms and Conditions for which the Customer is responsible. If the good cause lies in a breach of contract by the customer, cancellation is only possible after the unsuccessful expiry of a reasonable period of time set for remedial action or an unsuccessful warning, unless this is dispensable taking into account the respective interests. A physical device is functional during the existence of the contractual relationship until the last day of the cancellation period. 

maut1 is authorised to block a physical device or other means of access to the services of maut1 after termination of the contractual relationship and, if the customer does not comply with the obligation to return a physical device within the set period, to charge the customer the costs thereof. 

In the event of a breach of duty by the customer, maut1 may block the physical device before or instead of cancellation. This applies in particular in the event of repeated return debit notes, significant or repeated more than insignificant payment arrears, other significant payment difficulties (imminent financial collapse), refusal to provide sufficient collateral offered as an alternative within a reasonable period of time or, in the event of deterioration in the value of collateral provided, to provide it elsewhere. This does not apply if the fulfilment of claims is not jeopardised as a result. 

 maut1 may make the cancellation of a block dependent on the elimination of the breach of duty and its consequences. 

3.7. Right of cancellation, exclusion of cancellation 

3.8. Cancellation policy 

The contractual declaration can be cancelled in writing (e.g. letter, online form) within two weeks without giving reasons, stating the customer number and order number. The cancellation period begins at the earliest upon receipt of the goods and not before receipt of these instructions. Timely dispatch of the cancellation is sufficient to comply with the cancellation period. 

Before completing the order process, this is pointed out again and the customer can only complete the order if he explicitly agrees to these terms and conditions. 

The cancellation can be sent by letter or by returning the toll box to the following address: 

maut1 GmbH
Eduard-Rüber-Straße 7
83022 Rosenheim
Germany

or

online at:
www.maut1.de/en/help-and-service/help-contact/ 

3.9. Consequences of cancellation: 

In the event of an effective cancellation, the services received by both parties must be returned and any benefits derived (e.g. a usage fee for the use of the item) must be surrendered. If it is not possible for the customer to return the service received in full or in part, he/she is obliged to pay compensation. The customer shall bear the costs of returning the goods. The customer must fulfil obligations to reimburse payments within 21 days of sending his declaration of cancellation. In the event of a return, the shipping costs will not be refunded. The customer bears the transport risk. 

3.10. Exclusion of the right of cancellation 

There is no right of cancellation for contracts for the delivery of goods that are not prefabricated and for the manufacture of which an inpidual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. This applies in particular to the toll box for vehicles over three metres in height and over 3.5 tonnes in weight, which must be specially personalised for the customer. This is an irreversible process, meaning that one of these toll boxes can only be used for a specific customer. 

4. Freedom of contract 

Neither maut1 nor the partners are obliged under this contractual relationship to conclude inpidual contracts for the provision of services or deliveries with the customer. Such an obligation only arises with the conclusion of the respective inpidual contract. 

5. Delivery times 

Any information on the delivery period is non-binding, unless a binding delivery date has been agreed in exceptional cases. 

6. Communication between the customer and maut1 

Unless the Customer and maut1 agree otherwise when the contract is concluded, communication between the Customer and maut1 shall be handled electronically. This means that maut1 and the Customer can effectively send all messages electronically. The customer is also free to make declarations in another form that fulfils any formal requirements for the respective declaration. As a rule, this is at least the case for cancellations if they are made in writing. 

7. Obligation of the customer to update data 

The customer is obliged to provide maut1 with all information and data required for the execution of the contractual relationship completely and correctly. The customer must notify maut1 immediately of any changes to his postal address, e-mail address, contact information and, in the case of legal entities, their legal relationships, as well as the customer data required for registration with partners for inpidual products ordered, in particular relevant vehicle characteristics and vehicle licence plate numbers. The notification is usually made via the customer portal. If the change in the customer portal is not possible, the customer is free to communicate the changed data to maut1 by other means. 

The customer must also keep his e-mail address in the customer portal up to date at all times, as all communication with maut1 is handled via this address. 

The customer shall compensate maut1 for damages arising from the culpable breach of the obligations under this section. 

8. Liability of the customer for the claims of toll chargers 

8.1. Fees 

The customer is liable for fees charged to maut1 by toll chargers that are based on the fact that a vehicle with the toll box issued to the customer or a vehicle with the licence plate entered by the customer causes a chargeable service. This applies regardless of who is driving the vehicle. 

This applies irrespective of the legal categorisation of the fees as a tax, charge, fee or similar. 

The customer can view the amount of the charges from the toll charger before using the toll road. The fees shown there shall be deemed to have been agreed between the Customer and maut1, even if the Customer has not actually viewed them in inpidual cases. 

This does not apply if the customer blocks a physical device in accordance with section 12 in good time or, in other cases, informs maut1 in good time that the vehicle or a feature relevant to toll collection (e.g. the licence plate number) has been lost. 

8.2. Compensation and other claims 

The Customer may view the Toll Charger's General Terms and Conditions of Contract with the Toll Charger before using the toll road. In the relationship between the Customer and maut1, these provisions shall be deemed to have been agreed, even if the Customer has not actually inspected them in inpidual cases. The Customer shall indemnify maut1 for any violations of the General Terms and Conditions of Contract and the claims of the Toll Charger arising from these if the Toll Charger charges these to maut1. maut1 is entitled to settle the claims. maut1 hereby assigns any claims for repayment to the Customer, subject to the occurrence of such a case, who hereby accepts this assignment on account of performance. maut1 shall provide the Customer with the necessary information to assert its claim. 

9. Toll services 

9.1. Performance 

In the area of toll services, maut1 enables customers to fulfil their toll payment obligations to the toll charger contactlessly when travelling on toll routes. 

9.2. Toll box 

The customer receives a physical device (toll box) from maut1 to use the service (see Section 11). The provisions of section 11 apply in addition to this section. 

The toll box may only be used in the toll systems intended for this purpose. The misuse or improper use of a device, for example opening it or passing it on to a third party, is prohibited. If the device is defective, the customer must pay the toll charges in another suitable form. 

9.3. Toll charges and penalties for toll chargers 

The customer is obliged to pay the fees of the toll chargers in accordance with section 8. maut1 shall not be liable to the customer for penalties imposed directly or indirectly by toll operators on the customer if the customer fails to pay the toll by other means when the toll box is defective, unless the defect was not recognisable to the customer. 

9.4. Further obligations of the customer 

The customer receives instructions on how to use the toll products together with the delivery note. The customer undertakes to comply with the provisions set out in the instructions for the toll product and to use the product accordingly. 

9.5. Defect of the toll box 

In the event of a defect in the toll box or a temporary malfunction, the customer must pay the toll charges of the toll charger in another suitable form. 

9.6. Loss and blocking of the toll box The rights and obligations in the event of loss or other necessary blocking of the toll box are regulated in Section 12. 

9.7. Partner 

The partners of maut1 for services under this Section 8 in accordance with Section 1.2 are Telepass S.p.A. and Axxès SAS. 

10. Parking services 

10.1. Performance 

In the area of parking services, maut1 enables customers to use certain car parks and multi-storey car parks of its partners. 

10.2. Double contract 

Notwithstanding the provision in section 3, maut1 may also refuse to conclude a contract for car park services if the customer has not already concluded a contract for the use of car parks of this partner. If maut1 only learns of the existence of the other contract after the conclusion of the contract, maut1 may terminate the contract between the Customer and maut1 without notice. 

10.3. Blocking the licence plate number 

In order to avoid its payment obligation in accordance with Section 8, the Customer may block the licence plate with maut1 for this service if the licence plate or vehicle is lost. maut1 shall immediately forward the block to the Toll Charger. maut1 cannot influence the implementation by the Toll Charger. In the relationship between the Customer and maut1, the block shall apply at the latest at the end of the second working day after the Customer's notification. 

10.4. Partner 

The partner of maut1 for services under this Section 9 in accordance with Section 1.2 is Apcoa Deutschland GmbH. 

11. Physical devices 

11.1. General 

The use of certain products requires the use of a physical device by the customer. maut1 provides the customer with a personalised physical device after the order, with which the customer can legitimise himself or his vehicle. The provisions of this Section 11 apply to these devices. 

The physical devices are reused for ecological reasons and may show signs of use without impairing their function. 

11.2. Shipping 

A physical device shall be shipped to the customer's receiving address specified for this purpose. 

11.3. Obligations of the customer 

The customer must use the physical device in accordance with the operating instructions and, when not in use, store it safely and treat it with care. 

The customer is obliged to inform maut1 immediately of any faults in the device so that maut1 can arrange for the fault to be rectified. 

He must return it to maut1 immediately and at his own expense if the period of validity has expired, use has been prohibited by maut1 or the physical device has been damaged. The customer has no right of retention. If the physical device is stolen, damaged or destroyed, the Customer must notify maut1 immediately and without undue delay. 

The misuse or improper use of a physical device, for example opening it or passing it on to a third party, is prohibited. In the event of a defect in the physical device or a temporary malfunction, the customer must pay the toll charger's charges in another suitable form. The customer has no right of retention to physical devices. 

11.4. Ownership 

The physical device remains the property of maut1 or the partner of maut1 or the toll chargers. 

11.5. Loss and malfunction 

The customer is obliged to notify maut1 immediately of any damage, theft or other loss of the physical device. 

The notification must be sent by email to the following address: [email protected] 

maut1 immediately forwards the block to the Toll Charger. maut1 cannot influence the implementation by the Toll Charger. In the relationship between the Customer and maut1, the block shall apply at the latest at the end of the second working day after the Customer's notification. 

In the event of a defect for which the customer is not responsible, the customer will receive a current product in exchange for the defective physical device. Upon receipt of the replacement device, the customer must return the defective device to maut1 immediately at his own expense. 

If the toll box is stolen or lost, it can still be used until it is blocked. The customer must notify maut1 immediately of the theft/loss. The notification must include the toll box number and the vehicle licence plate number as well as the time and place of the theft/misplacement. The customer shall be liable for any further use of the toll box until the block takes effect. Furthermore, the customer shall be liable for any further damage caused by misuse of the product until the blocking request is activated. 

The customer must reimburse maut1 for the damaged toll box in accordance with the price list or the blocking fee incurred by maut1. 

12. Due date and default of payment by the customer 

The Customer's payment obligation arises upon conclusion of the contract. Unless maut1 and the Customer have agreed on a different payment term, all claims are due for payment immediately. 

In the event of late payment, non-payment of direct debits, cheque or bill protests, the total claim shall become due for payment immediately and interest shall be charged at the statutory default interest rate for the duration of the delay. We reserve the right to assert further claims for damages caused by default. 

However, the customer reserves the right to prove a lower damage. maut1 is entitled in inpidual cases at any time upon request to demand appropriate financial security from the customer. 

13. Service relationships with third parties 

Deliveries and services to the customer are always made in the name and for the account of maut1, which acquires the corresponding delivery or service from its corresponding service partner beforehand (drop shipment). Each time the customer uses the maut1 toll box on a toll road section, maut1 acquires the right to use the road section from the respective toll operator and sells it directly to the customer. If, in exceptional cases, prior acquisition of the respective delivery or service by maut1 from the respective service partner is not possible for legal or factual reasons, maut1 shall procure the service of the service partner for the customer. In this case, maut1 provides the consideration to the service partner on behalf of the Customer and acquires the claim for expenses and compensation from the customer. The latter applies in particular to the payment of tolls levied by the state, which cannot be purchased due to their actual or legal nature. In these cases, the customer instructs maut1 to pay the tolls owed by him to the relevant toll operator in his name and for his account. From this order, maut1 acquires a claim for expenses and reimbursement against the customer, which it collects from the respective customer in its own name. The Customer is obliged to reimburse maut1 for the corresponding amounts receivable plus the fees specified in the price list. 

maut1 is authorised to carry out the registration and administration (e.g. change of vehicle and customer data) for the customer vis-à-vis the service partner and to conclude legal transactions for this purpose if they correspond to the actual or presumed will or interest of the customer. In particular, maut1 is authorised to make a declaration of intent to accept the General Terms and Conditions of Contract and the payment obligation on behalf of the Customer when the Customer enters a toll road. 

14. Invoices 

14.1. electronic invoicing 

Invoices are issued in electronic form. The invoice will be sent to the customer by e-mail to the e-mail address stored in their customer account. 

14.2. Audit and objection 

The customer must check the maut1 invoices immediately and report any objections in writing (e.g. by e-mail to [email protected]) within four weeks of the invoice date at the latest, stating all the data objected to in the invoice and the full reasons for the objection. After this time, the invoice shall be deemed to have been approved by the customer, unless it can be proven that the invoice verification was impossible through no fault of the customer. 

15. Payments and receivables 

15.1. Means of payment 

The customer selects a valid payment method on the maut1 website, via which all claims are settled. The payment methods accepted by maut1 are listed here: www.maut1.de/en/help-and-service/shipping-costs/. The information provided there is an integral part of these General Terms and Conditions. 

The customer must make payments for maut1 free of charge. All bank charges incurred in payment transactions shall be borne by the customer. Cheques are not accepted. 

15.2. Chargebacks 

Bank charges incurred due to unauthorised direct debit protests, chargebacks, credit card chargebacks or other payment obstacles must be reimbursed by the customer to maut1. In order to avoid additional costs, maut1 recommends the customer to contact customer service in advance by e-mail in the event of complaints, which can be reached by e-mail at  [email protected] . 

The customer is responsible for ensuring that the means of payment specified by him/her is active for at least three months after the toll box has been returned and that payments can be debited or settled from it. 

15.3.Default and debt collection 

If billing via the selected payment method is not possible, the customer will be informed of this by e-mail. 

The process automatically switches to the dunning process if the customer does not comply with the request to check or update the payment data in their customer portal. In the dunning process, all of the customer's outstanding transactions become due immediately. 

If all attempts by maut1 to request payment from the customer are unsuccessful and there is no response from the customer for clarification, maut1 GmbH reserves the right to hand over the claim to an external debt collection agency. 

maut1 GmbH works together with partners in the area of debt collection, in particular Creditreform Rosenheim, Ganzmüller & Groher KG, which further enforces the claim against the customer. After a transfer to Creditreform, the payment including the costs incurred for this must be settled by the customer to Creditreform. 

Handing over to a debt collection agency can have a negative impact on the customer's credit rating. 

15.4. Offsetting 

The Customer shall only have a right of set-off if his counterclaims have been legally established or recognised by maut1. 

16. Liability and warranty 

16.1. Warranty 

With regard to the goods and services purchased directly from maut1, the customer is entitled to the statutory warranty rights. Liability for material defects is excluded if the defect is due to improper use or above-average use of the goods by the Customer. This applies accordingly to wearing parts. 

The statutory limitation periods for claims for defects shall apply to defects in the ordered goods. Any manufacturer's warranty shall not affect the claims for defects. 

Complaints about the quality and/or quantity of the goods/services must be reported to maut1 by e-mail no later than 3 days after receipt by the customer. 

16.2. Liability of maut1 

maut1 shall only be liable for damages in the event of intent or gross negligence. This limitation of liability shall not apply to injury to health or life or to the at least slightly negligent breach of material contractual obligations by maut1 or its legal representatives and vicarious agents. However, statutory exclusions and limitations of liability must be observed. 

maut1 shall not be liable for consequential damages except in cases of sentence one. This includes in particular loss of profit or other financial losses. 

16.3. Liability of maut1 for third parties 

maut1 shall not be liable for the behaviour or omissions of the service providers that enable the customer to use the roads, car parks and buildings and other traffic areas. 

17. Data and data processing 

maut1 processes personal data of the customer in accordance with Art. 6 para. 1 sentence 1 lit. b GDPR in order to fulfil the present contract or to be able to process the customer's request prior to the conclusion of the contract. Subject to admissibility under data protection law, this also includes the transfer of data to third parties (e.g. service partners) who are involved for maut1 in connection with the provision of the contractually agreed services. The data shall be stored for the duration of the contractual relationship and beyond, insofar as limitation periods with regard to any claims and/or retention periods require further storage. Further information on data protection can be found at  www.maut1.de/en/information/privacy/  

18. Amendments to these General Terms and Conditions 

18.1. Change offer 

Amendments to these General Terms and Conditions shall be offered to the customer in text form no later than two months before their proposed date of entry into force. 

18.2. Acceptance by the customer 

The changes offered by maut1 shall only become effective if the customer accepts them or the following fictitious consent occurs and the customer does not otherwise effectively object. 

18.3. Acceptance by the customer by way of fictitious consent 

The customer's silence shall only be deemed as acceptance of the offer of change (fictitious consent) if

a) the amendment offer by maut1 is made in order to bring the contractual provisions into conformity with the legal situation or 

b) the amendment offer by maut1 is made in order to restore the conformity of the contractual provisions with a changed legal situation because a provision of the General Terms and Conditions or 

• no longer corresponds to the legal situation due to a change in the law, including directly applicable European Union legislation, or 
• becomes ineffective or may no longer be used as a result of a legally binding court decision, including by a court of first instance 

c) the amendment offer from maut1 is made in order to effectively incorporate the changes to the terms and conditions of partners already included (in accordance with section 1.2) of maut1. and the customer has not rejected maut1's amendment offer before the proposed date of entry into force of the amendments. maut1 will inform the customer of the consequences of his silence in the change offer. 

18.4. Exclusion of the fiction of consent 

The fiction of consent does not apply 

• in the event of amendments to this Section 19 of the General Terms and Conditions or 
• in the event of changes that affect the main contractual obligations, or 
• in the event of changes that are equivalent to the conclusion of a new contract, or 
• in the event of changes that would significantly shift the previously agreed ratio of performance and consideration in favour of maut1. 

In these cases, maut1 will obtain the customer's consent to the changes by other means. 

18.5. Customer's right of cancellation in the event of fictitious consent 

If maut1 makes use of the fiction of consent, the customer may also terminate the contract affected by the change without notice and free of charge before the proposed date of entry into force of the changes. maut1 will specifically inform the customer of this right of cancellation in the change offer. 

18.6. Right to cancel of maut1 

If a customer objects to the change offer or does not give the necessary consent, maut1 is entitled to cancel the contract between the customer and maut1 in whole or in part with a notice period of 14 days. 

19. Final provisions 

19.1. Severability clause 

The invalidity of inpidual provisions of this contract shall not affect its validity as a whole. In place of the invalid provision, an appropriate provision shall be agreed which comes closest to what the parties intended or would have intended in accordance with the meaning and purpose of the contract if they had considered the point. The same applies in the event of a loophole in the contract. 

19.2. Written form 

Contracts between the Customer and maut1 must be in writing. As a matter of principle, the contracting parties shall not conclude any verbal collateral agreements. Amendments to the contract, including this clause, must be made in writing. The written form also applies to declarations from this contract, even if this is not explicitly stated in the respective provision. 

19.3. Place of jurisdiction 

The exclusive place of jurisdiction for all disputes arising from or in connection with this contract or its validity is Rosenheim. However, the suing party shall be entitled to sue the other party at the place of jurisdiction responsible for its registered office if lis pendens has not already occurred at the other location. 

19.4. Applicable law 

Applicable law is exclusively German law to the exclusion of international private law.

You can find the current price lists here:

• Toll box for cars and vehicles up to 3 meters high
  
• Toll box for motorhomes and vehicles over 3 meters height
  
• Toll box for commercial trucks over 3 m high and over 3.5t weight  
  

Under this link you will find our previous terms and conditions.