These Terms and Conditions govern the use of the AutoVignette app, the website, and the manual and automated services for purchasing motorway vignettes and digital toll products.
I. Terms and Conditions
1. Scope and Subject Matter
These Terms and Conditions (hereinafter “Terms”) apply to all agreements concluded through the “AutoVignette” app (hereinafter the “App”) of the provider Martijn van der Laan, Vilshofener Straße 39, 94034 Passau, Germany (hereinafter the “Provider”) with the user (hereinafter the “User”).
The subject matter of the agreement is the provision of a digital service that enables the User to purchase motorway vignettes and supported digital toll products manually or automatically in order to obtain the authorisation required to use the relevant road sections.
Any deviating, conflicting, or supplementary terms and conditions of the User shall not become part of the agreement unless the Provider expressly agrees to their applicability in text form.
The version of these Terms valid at the time the relevant agreement is concluded shall apply.
2. Requirements for Using the App
Use of the App requires a compatible internet-enabled device and an active internet connection. The purchase and provision of vignettes and digital toll products generally require an existing internet connection. The Provider is not responsible for the availability or quality of the User’s internet connection.
The User must provide truthful and complete information during registration. In particular, vehicle details such as the registration plate, country of registration, and vehicle class must be entered correctly. Changes to registered information must be updated in the App without delay.
Use of the App requires a user account. The User is responsible for keeping login credentials confidential and is liable for activities carried out through the account to the extent that the User is responsible for the unauthorised use.
The Provider makes the App available in its current version. The User should use the latest available version to help ensure proper functionality. The Provider supplies required updates.
3. Minimum Age and Legal Capacity
Use of the App and the conclusion of agreements for motorway vignettes or digital toll products generally require the User to have full legal capacity. Independent use is therefore reserved for persons who are at least 18 years old.
Minors may use the App only with the express consent of their legal representative. The Provider reserves the right to block access to the App and reverse existing agreements where legally permissible if this provision is breached.
4. Conclusion of the Agreement for Manual Purchases
The presentation of vignettes and digital toll products in the App does not constitute a legally binding offer. It is an invitation to the User to submit a binding offer by completing the order process. The agreement is concluded when the Provider accepts the User’s order by sending a confirmation message.
Before submitting an order, the User may review and correct the information entered. The language available for concluding the agreement depends on the language selected in the App.
5. Automated Purchases
In addition to manual purchases, the Provider offers an automated purchasing mode (“AutoBuy”), which is based in particular on the evaluation of GPS location data.
Automated purchasing is disabled by default. It is activated only after the User has given explicit and informed consent.
Before activation, the User is presented with a separate declaration explaining in particular that:
- By activating AutoBuy, the User grants the Provider a revocable authorisation to conclude purchase agreements for supported vignettes or toll products automatically in the User’s name and for the User’s account.
- A purchase request may be triggered automatically when the location and trigger criteria defined in the App have been met.
- The User understands that this may create legally binding agreements and payment obligations.
- Automated purchasing may be enabled or disabled at any time for individual countries or systems in the App settings.
Consent to automated purchasing is a separate declaration and is not combined with any consent under data protection law for the processing of location data. Required consents are obtained separately through an active action by the User.
6. Conclusion of the Agreement for Automated Purchases
By activating automated purchasing, the User and the Provider enter into a service agreement within the meaning of Sections 611 et seq. of the German Civil Code (BGB). The User grants the Provider revocable authority to conclude agreements for supported motorway vignettes or digital toll products in the User’s name and for the User’s account (hereinafter the “Authorisation”).
Under this service agreement, the Provider performs automated route detection and, where the required conditions are met, the automated purchase. The Authorisation applies only to the countries, toll systems, and trigger cases enabled in the App.
An automated purchase is triggered only where all conditions provided for in the App are met. These may include in particular:
- The App has recorded a sufficient number of consecutive location measurements within a stored vignette or toll road area.
- No valid or already requested vignette or toll authorisation is stored in the User’s account for the relevant road or period.
- A valid payment method authorised for collection is stored in the User’s account.
- The payment can be completed successfully.
- All vehicle information required by the relevant provider has been entered in full.
If not all required conditions are met, an automated purchase cannot be completed. Where technically possible, the App informs the User that the request was not triggered or failed.
Where the App offers a notification and cancellation option before an automated purchase, the time window displayed in the App for the relevant transaction applies. The User may prevent the transaction within that time window by using the available cancellation function or by disabling AutoBuy.
7. Prices and Payment Terms
Prices displayed in the App include any applicable statutory VAT. The price of a vignette or toll product is based on the current tariff of the relevant operator. The Provider may charge an additional service fee. The amount of the service fee is displayed in the App before purchase.
Payment is made using the payment methods offered in the App, in particular credit or debit cards. The User is responsible for ensuring that the selected payment method remains valid and sufficiently funded.
If payment fails, the Provider may temporarily disable automated purchasing, provided that the transaction has not already been cancelled at an earlier stage.
8. Right of Withdrawal
Consumers have a statutory right of withdrawal for agreements concluded through the App in accordance with Sections 312c, 312g(1), and 355 BGB. The withdrawal information is provided to the User in text form before the agreement is concluded.
The User may expressly request that the Provider begin performing the agreement before the withdrawal period expires. Where the statutory requirements are met, the right of withdrawal may expire once the agreement has been fully performed.
Where the User activates automated purchasing, an ongoing service agreement is created under which the Provider continuously supplies automated route detection and the automated purchase of supported products.
Separate withdrawal information for this service agreement is provided to the User in text form before activation. Services properly performed before withdrawal may have to be paid for in accordance with applicable law.
9. Limitation of Liability
The Provider is liable in accordance with statutory law in cases of intent and gross negligence.
In cases of ordinary negligence, the Provider is liable only for breach of an obligation whose performance is essential for the proper execution of the agreement and on whose fulfilment the User may regularly rely (a material contractual obligation). In such cases, liability is limited to foreseeable damage typical of the agreement.
Liability for death, personal injury, or damage to health, as well as liability under the German Product Liability Act, remains unaffected.
To the extent permitted by law, the Provider is not liable for damage caused because automated purchasing did not trigger, or did not trigger in time, due to circumstances beyond the Provider’s control. Such circumstances include in particular GPS inaccuracies, lack of internet connectivity, device errors, operating-system restrictions, server outages, failures of external providers, or changes to governmental systems.
Where a malfunction is detected on the server side, the Provider informs the User without delay where technically possible and reasonable.
10. Availability of the App and Force Majeure
The Provider endeavours to make the App available with as few interruptions as possible. However, uninterrupted availability is not guaranteed. Temporary interruptions may occur due to maintenance, software updates, or other technical measures.
The Provider is not liable for temporary unavailability caused by circumstances beyond its control. These include in particular force majeure, telecommunications network disruptions, failures in the infrastructure of vignette or toll operators, and governmental measures.
11. Data Protection
The Provider processes the User’s personal data exclusively in accordance with applicable data protection laws.
Further details are provided in the Privacy Policy, which is available through the App and the website.
For automated purchasing, the Provider may process in particular:
- GPS and location data,
- timestamps and location requests,
- device and App information,
- vehicle data such as registration plate, country of registration, make, model, and vehicle class,
- transaction and payment-status data.
Where location data is processed on the basis of consent, that consent may be withdrawn at any time with effect for the future, in particular by disabling the relevant location permissions or automated purchasing.
Location data is processed only for the purposes described in the Privacy Policy. Data is transmitted to vignette or toll operators and payment service providers only where necessary for performance of the agreement.
Storage and deletion periods are governed by the applicable Privacy Policy and statutory retention obligations.
12. Term and Termination
The agreement governing use of the App is concluded for an indefinite period.
The User may delete or terminate the account through the function provided in the App or by submitting a corresponding request.
The right to terminate the agreement for good cause remains unaffected.
Vignettes or toll authorisations already purchased remain unaffected by termination of the user agreement and remain valid in accordance with the rules of the relevant operator.
13. Amendments to these Terms
The Provider reserves the right to amend these Terms with effect for the future where objectively justified reasons make this necessary and the User is not unreasonably disadvantaged.
The User is informed of material amendments in text form in good time. Where the User’s consent is legally required, it is obtained expressly. If the User rejects an amendment requiring consent, the Provider may terminate the agreement in accordance with applicable law and the agreement.
14. Final Provisions
The law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). Mandatory consumer protection provisions of the state in which the consumer has their habitual residence remain unaffected.
If any provision of these Terms is or becomes invalid or unenforceable, the validity of the remaining provisions remains unaffected. The statutory provision shall take the place of the invalid provision.
The place of jurisdiction for disputes arising out of or in connection with these Terms is Passau where such a jurisdiction agreement is legally permissible. Statutory places of jurisdiction apply to consumers.
The Provider is neither willing nor obliged to participate in dispute-resolution proceedings before a consumer arbitration board.
II. Withdrawal Information
1. Right of Withdrawal
You have the right to withdraw from this agreement within fourteen days without giving any reason. The withdrawal period is fourteen days from the date on which the agreement is concluded.
To exercise your right of withdrawal, you must inform us:
Martijn van der Laan
Vilshofener Straße 39
94034 Passau
Germany
Email:
contact@autovignette.app
by means of a clear statement, for example a letter sent by post or an email, stating your decision to withdraw from this agreement. You may use the model withdrawal form below, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period expires.
2. Effects of Withdrawal
If you withdraw from this agreement, we will reimburse all payments received from you, including any delivery or service costs charged, except for additional costs resulting from your choice of a type of delivery or service other than the least expensive standard service offered by us. Reimbursement will be made without undue delay and no later than fourteen days from the day on which we receive notice of your withdrawal.
We will make the reimbursement using the same means of payment that you used for the original transaction, unless expressly agreed otherwise. You will not incur any fees as a result of the reimbursement.
3. Model Withdrawal Form
To withdraw from the agreement, you may send the following information to contact@autovignette.app:
- I hereby withdraw from the agreement concluded by me for the following service:
- Ordered or agreement concluded on:
- Name of consumer:
- Address of consumer:
- Date: