General Terms and Conditions of Warnowquerung GmbH & Co. KG
The B105 is a Federal trunk road used for public transportation. Pursuant to the relevant concession agreement with the Hanseatic city of Rostock dated 25 July 1996 (including all supplements), including with reference to the Motorway Construction Private Financing Act, Warnowquerung GmbH & Co. KG (hereinafter known as WQG) has the sole right to impose toll charges on the section of the route designated by the statutory ordinance of the Federal Government. WQG was granted the right of toll collection by the State of Mecklenburg-Vorpommern, by ordinance. The vehicle classes and the respective extent of the toll charge are established in the Warnow Tunnel Toll Rate Ordinance in the respective valid version (hereinafter known as the Toll Ordinance).
The instructions of the staff of WQG must always be followed immediately.
Toll payment can be done in various ways:
a) Served cash payment, whether “in cash” (24 hrs. incl. EC, fleet and credit cards) or in the customer centre during the specified opening hours
b) Automated cash payment (cash dispenser)
c) Payment with rechargeable anonymous SmartCard (OSCARD)
d) Electronic registration and billing via customer account (with SmartCard, RFID film or TAG)
1.1 Cash fees collection
Cash payments (cash fees collection) are done at manually operated tollbooths occupied by cashiers. As a matter of principle, only Euro coins and notes and Euro cent coins (legal tender) are accepted. In exceptional cases, certain foreign currencies can also be accepted. The exchange rates to be applied in such cases must be visible to the cashier, and have binding validity. Additionally, cash payment can be partly automated at vending machines which are equipped with funnels for throwing Euro coins into or with card readers. As a matter of principle, only Euro coins and notes and Euro cent coins (legal tender) are accepted. Coins at the value of 0.01, 0.02 or 0.05 € are not accepted by machines. Notes at the value of 100, 200 or 500 € are not accepted. If, in the case of a payment using an EC card, the direct debit is not executed by the user’s bank, WQG shall be entitled to ask the bank for the client’s name and address – to this end, the user hereby gives their express consent for their bank to issue such information.
1.2 Automatic fee charging
Automatic cash-free payments can also take place in two ways: either variant c) using card systems (rechargeable SmartCards issued by WQG) or variant d) using the RFID films or TAGs (tele-toll systems) which can be purchased from WQG.
1.3 General Conduct / Usage Regulations in the area of the tollbooth
• In the tollbooth lanes, please retain a minimum distance of 5 metres between vehicles. This will allow for a guarantee that, during entrance and departure, vehicle registration and with this proper toll collection will function perfectly.
• It should be noted that measuring devices are used in all lanes, in order to allow for automatic assessment of the height of vehicles and the number of their axes, such that they can be classified accordingly. In the case of vehicles with roof loads or other weightings which exceed the vehicle’s customary roof load, the height limits in particular must be noted, and the checkout lanes must be used. Billing errors resulting from non-observation of this regulation, shall be at the expense of the client.
• There are gates and light systems at tollgates, which are subject to the general regulations of the Traffic Code. With this, driving speed must be strictly observed in all lanes (10 km/h).
• In the event of malfunctions with machines, the SmartCard or the tele-toll system, the “Help button” (available in each lane) must be used. Driving in reverse is not allowed.
• All lanes in the tollbooth must be equipped with tele-toll registration systems (TAG/RFID).
• Convoy journeys (payment of multiple journeys one immediately after the other using one and the same payment means – AGE) are possible only in the “cash” lane.
• The customer is responsible for choosing the correct lanes as they approach the tollbooth area; however, this is always before entrance into the tollbooth (see the above labelling of the lanes).
2. AGE with SmartCard, TAG or RFID film
With the TAG or RFID film (tele-toll systems), the users / customers (hereinafter: the customers) are able to head down all lanes; with a SmartCard, they can travel down only the designated lanes. With WQG, there are customer accounts established which provide information on the current account status and the actual use of the Warnow tunnel (time of use). The customer account is loaded via debit. The extent of the debit is freely selectable, from a minimum amount equivalent to 10 trips for the respectively agreed vehicle category as per the respectively valid Toll Rate Ordinance.
2.1 Issuing company
The SmartCard, the TAG and the RFID film are issued by Warnowquerung GmbH & Co. KG (registered in the Commercial Register of the Rostock District Court nr. HRA 1321, legally represented by Warnowquerung Management Company Ltd., managed by its managing directors; company headquarters “Zum Südtor 8, 18147 Rostock”.
2.2 Contract conclusion
2.3 Changes to customer data
The client must immediately inform WQG in writing of any and all changes to provided customer data. In the event of any changes to bank details, the client must immediately provide WQG with a new basic direct debit mandate (SEPA) in light of their new bank details, and ensure that an uninterrupted direct debit is possible for WQG. WQG shall not be liable for functional impairments or hindrances resulting from use of the toll road. If the customer fails to provide due notification of changes to their customer data, WQG shall be entitled to block the SmartCard, TAG or RFID film immediately, and – if there is no more credit available in the customer’s account that is managed by WQG – to terminate the purchase contract with the customer immediately via SmartCard / TAG / RFID film in the event of issuance of a warning which proves fruitless. The costs resulting from non-payment of a direct debit (e.g. return debit fees) must be borne by the customer (see the current WQG price list).
2.4 Handover and liability – SmartCard, RFID and TAG
If WQG accepts the customer’s request, then WQG shall issue to the customer the SmartCard / RFID film / TAG for use following delivery receipt and after payment of the contribution visible in the price list. Employees of WQG shall position TAG or RFID at an appropriate location on the customer’s vehicle.
The customer shall be liable for proper handling, as well as in the event of a loss.
2.5 Use of the SmartCard, RFID film or TAG
With the TAG or RFID film, the customer is able to pay toll fees fully automatically in all lanes; with the customer card, this is possible only in the designated lanes. In the area of the tollgate, the TAG must be firmly attached in the holder and the RFID film must be firmly attached on the windscreen of the vehicle (on the inside). Normally, the optimal installation area is located in the area behind the inner rear view mirror. During the installation, all individual specifications of the vehicle manufacturer must also be considered in terms of optimal reading ranges (e.g. areas marked with dots). The RFID film absolutely must be installed by WQG. Incorrectly installed or uninstalled TAGs or RFID films can lead to malfunctions. The customer can under no circumstances have more than one WQG TAG or more than one WQG RFID film in their vehicle in order to evade double bookings / accounting errors. The owner of the TAG / RFID film must abide by the guidelines applicable in the relevant WQG sector. WQG shall waive all liability for consequential damages. In such cases, WQG shall also reserve the right to terminate the contract for the TAG / RFID film.
2.6 Loss and blocking of the SmartCard, TAG or RFID film
The customer must have the SmartCard / TAG / RFID film blocked if it has been stolen or lost. As part of this, the customer must immediately inform WQG of the relevant contract customer number. WQG must immediately ensure the blocking in the system. However, WQG shall waive any responsibility for consequences following the blocking of a SmartCard, TAG or RFID film. The customer shall be responsible for any abuse by any unauthorised third party up until the lock is enacted in the system. The customer shall upon request be provided with a new SmartCard or a new RFID film with a different number as quickly as possible. The purchase price must be taken from the respective price list.
Payment of the toll fee is not possible with a blocked customer card, TAG or RFID film. WQG shall immediately revoke the blocking if the reason for the blocking ceases to apply and WQG has been aware of this. WQG can collect a blocked SmartCard or TAG at any time.
2.7 Return of the TAGs from existing loan agreements
2.7.1 At the request of WQG
If WQG demands the return of the loaned TAG, the customer must immediately return the loaned TAG – this must be within thirty days after notice from WQG at the latest. If the return does not occur, the costs for the loaned TAG, plus additional processing expenses, shall be invoiced to the client. Sold TAGs are exempt from this regulation.
2.7.2 Loaned TAG returning at the request of the customer
The customer can return their loaned TAG at any time. If a termination of the contractual relationship is customary with such a return, the balance remaining on the customer account shall be transferred back to the customer (to the account designated by WQG) within 30 days. Payment in cash is not possible. Price refunding is not admissible with sold TAGs.
2.8 Invoicing and payment
2.8.1 Trips record
WQG is entitled to draft a list of all the customer’s completed trips in the previous period, at any time or on a regular basis (in the case of the latter: at least once per month). In the trips record, the following must be listed for each discount medium (SmartCard, TAG or RFID film) and transaction:
• The date and time of the trip
• The category of the vehicle pursuant to the Toll Ordinance
• The amount of the fee paid
The trip records for the previous month can be queried on the Internet (subject to appropriate registration). These lists may be printed and dispatched only in the case of an express, justified wish of the client, and in accordance with the respective current price list of WQG.
2.8.2 Payment with private customers and company customers in general
As a matter of principle, toll fees are not credited; this applies to all customers. With this, toll payment via a SmartCard, a TAG or an RFID film is possible only if the customer account indicates a credit amount in favour of the client following a corresponding advance payment by the customer. If, during the transit, the toll fee is no longer covered by the balance in the customer account, the SmartCard / TAG / RFID film shall be blocked. WQG will fill up the customer account by way of collection of direct debit at the amount specified by the customer; however, this must be in the value of at least 10 trips with the respective agreed category, after the contract has been entered into. If the credit amount in the customer account falls below the equivalent of 3 trips with the agreed category pursuant to the respectively valid Toll Ordinance, a new filling shall take place via direct debit.
2.8.3 Payment with company clients (special agreement)
With a corresponding separate contractual agreement, WQG shall charge the customer the total of the accumulated toll rates that are owed for the trips (on the basis of the trip record). The amounts that are to be borne by the client within this contract for other reasons shall also be calculated. The invoice does not count as a balance confirmation of all outstanding amounts that the company client is required to pay for the completed trips in the relevant time period. Completed trips which have not been included in the record, can also be invoiced by WQG at a later time. Invoices are due immediately; they must be settled within 7 working days, with no deductions.
If a payment is not made (or is not made in time, or in full), WQG shall be entitled to block the corresponding SmartCard / TAG / RFID film. In a default event, WQG shall be entitled to declare all completed journeys which have not yet been invoiced, as owed, without delay. Reminders can be charged by WQG, with an additional processing expenses flat fee, in accordance with the respective current price list. Should an invoice also not be settled within eight calendar days after receipt of the reminder, WQG can terminate the contract without notice. Refer to § 10 (1) nr. 1 of the Motorway Construction Private Financing Act.
Appeals regarding the content of an invoice must be submitted by the customer to WQG within eighty days after the invoice in question has been received. A complaint does not relieve a customer of their payment obligation with the invoice in question. In the event of a complaint, WQG shall conduct an inspection. Any corrections following such a check shall be conducted via credit notes. WQG shall provide proof as required for the transaction(s) in question as part of appeals (provided that such appeals are submitted on time), based on the tollgate’s computer records. After the expiry of the appeal period, WQG will be under no obligation to continue saving such computer records for the purpose of provision of evidence, and may delete them (in particular: for reasons relating to data protection) as long as no appeals have been levied. WQG’s obligation of provision of evidence shall end upon such deletion. The same applies for anonymous SmartCards whose use can be acknowledged based on the card number in the aforementioned time period (with justified interest).
2.10 Duration period of the loaned TAGs which are still in circulation
The loan arrangement began with the acceptance of the customer’s order by WQG, and its duration period is indefinite. However, it shall end no later than the moment when the functionality of the loaned devices expires.
2.11 Termination of the SmartCard / TAG / RFID film
2.11.1 By the customer
The customer can terminate this contract at any time, whether personally in the WQG customer centre, or in writing WQG.
2.11.2 Termination by WQG
WQG can terminate this contract if changes are made to the toll system or if the Toll Ordinance or other laws, permits, licences or authorisations applicable with WQG no longer allow for toll collection by WQG via SmartCard, TAG or RFID film, or change the conditions of it. WQG shall inform the customer accordingly in writing; the termination date must be stated here. There is a one-month notice period to be observed here. WQG is also authorised to terminate the contract on extraordinary grounds in the event that the customer deliberately violates the provisions of this contract, or continues to do so, despite a warning. No warning will be required if it would be unreasonable to expect WQG to continue the contractual relationship after the first violation (e.g. in cases of deception, insolvency or similar).
2.11.3 Outstanding amounts
In the event of a termination, WQG shall invoice the still-outstanding amounts within this contract. WQG is authorised to settle outstanding amounts with any of the customer’s credit. Furthermore, the customer’s credit shall be transferred by WQG to the customer’s bank account designated by WQG (minus bank and any other charges), within 30 working days.
3. AGE with anonymous SmartCards
3.1 Issuing company
The anonymous SmartCard is issued by Warnowquerung GmbH & Co. KG. It is available over the cashier (24 hours a day) or in the WQG customer centre. When this card is sold, it will become the property of the customer. An anonymous SmartCard is not personal when it is topped up. It will be allocated to a customer only when it is topped up by direct debit (see Point 2).
3.2 Minimum top-up amount
The anonymous SmartCard is topped up with a minimum amount equivalent to the value of 10 trips in accordance with the respectively valid Toll Rate Ordinance of the agreed category. A top-up is possible in the “counter” lane / in the WQG customer centre; it can be done with cash payment or using an EC card. If an anonymous SmartCard is lost or returned, there will be no credit refund.
Customers with category 1 or 2 vehicles who use the SmartCard can, in addition to the “tele-toll” reserved lane, use all lanes. The customer is responsible for proper use of the anonymous SmartCard. WQG shall not be liable for use of an anonymous SmartCard by an unauthorised third party. The customer shall be liable for damages to / destruction of an anonymous SmartCard as a result of improper handling.
The place of jurisdiction for companies, public-law special assets or public law entities, is Rostock. This also applies for customers who have no residence or company headquarters in the Federal Republic of Germany.
WQG shall be liable for damages vis-à-vis commercial users – except in cases of violation of essential contractual obligations – only if intent or gross negligence can be imputed to WQG or its legal representatives or senior staff. For all other agents, WQG shall be liable only if there are circumstances of intent and if it signifies violation of essential contractual obligations out of intent or gross negligence. Except in cases of detrimental intent or gross negligence on the part of the legal representatives or senior staff, or intentionally detrimental conduct on the part of other agents of WQG, WQG shall not be liable for compensation of indirectly caused damage (in particular: lost profits). Except in cases of detrimental intent or gross negligence on the part of WQG, its legal representatives or its senior staff, WQG’s liability shall be limited to damages which are typically foreseeable at the time that the contract is entered into. WQG shall be liable vis-à-vis private users only in cases with an element of detrimental intent or gross negligence. However, in the event of violation of essential contractual obligations, debtor’s default or incapacity of the part of WQG to provide services, WQG shall be liable for all culpable conduct on the part of its employees or agents.
Except in cases with an element of detrimental intent and / or gross negligence on the part of legal representatives, employees or other agents, the liability of WQG shall be limited to the scope of damages which are typically foreseeable at the time that the contract is entered into.
The aforementioned liability exclusions and limitations vis-à-vis commercial or private users will not apply in cases of acceptance by WQG of express warranties or cases of damage resulting from death, physical or health-related damage, or where mandatory legal regulations apply.
6. Final provisions
WQG reserves the right to make changes with regard to the aforementioned usage conditions. Details of any such changes must be published in notices in the company premises of WQG, in good time, and at least one month before such changes become effective. This shall not apply for tariffs and price lists, which become valid immediately after they are announced. If the customer does not accept the changes, they can terminate the contract (as per Fig. 2.11.1). If the customer does not invoke this right of termination within one month after such a change is announced, this shall count as them having accepted the change in question. WQG shall indicate this action of a failed termination in the announcement of the change.
6.2 Exchange of data with credit reporting
WQG is entitled to transfer personal contract data, as well as information on outside-of-contract developments (e.g. termination on account of default of payment, a requested reminder in connection with uncontested claims, enforcement measures) with the protection group for general credit protection (in the interest of averting loss of fees) and obtain appropriate information in this way. Wherever such data is received by the protection group from other customer relationships during this customer relationship, WQG shall be informed about it. The respective data transfer shall take place only if this is necessary for the protection of the legitimate interests of WQG or those of one of the contract partners of the protection group, without any worthy concerns of the customer being impaired. In the case of corporate customers, WQG shall also exchange data with other credit reporting agencies and credit insurance companies, as per the principles above. The customer shall, if they so request, be provided with the addresses of the respective companies, along with a leaflet on the protection group.
WQG will save, use and process customer data, as well as collected data on the trips, electronically in its handling of the contractual relationship; in particular data relevant to the accounting and payment of toll fees. A corresponding data protection statement can be viewed in the company premises of WQG or on the Internet.
6.4 Ancillary agreements
Ancillary agreements must be announced in writing to be effective.
6.5 Salvatory clause
Should any individual provisions in these general terms and conditions be or become invalid, useless or contestable, this shall not affect the remaining provisions.
Warnowquerung GmbH & Co. KG
Zum Südtor 8,