General Conditions of Use for Warnowquerung GmbH & CO. KG”
The B105 is a designated public highway and Federal trunk road. Under the terms of the Concession Agreement with the Hanseatic City of Rostock dated 25 July 1996, together with all its amendments, and the Private Financing of Trunk Roads Act [Fernstraßenbauprivatfinanzierungsgesetz = FStrPrivFinG], the company Warnowquerung GmbH & Co. KG (hereinafter referred to as “WQG”) has the sole right to levy tolls on the section of road
deTined in the legal ordinances of the Federal Republic. Accordingly, WQG was awarded the right to levy tolls by the State of Mecklenburg‐Western Pomerania through a statutory order.
The classes of vehicles and the amount of the toll in each case are laid down in the Warnow Tunnel Tolls Order [WarnowTunnelMauthöheverordnung] (hereinafter referred to as the Tolls Order) as amended from time to time.
Instructions given by employees of WQG must be obeyed immediately at all times.
Toll payments may be made in different ways:
a) Cash payment at a staffed toll booth in the “Cash” [“Kasse”] lane (24 hours a day, including EC, Tleet and credit cards) or at the Customer Services Centre during the speciTied opening hours
b) Automated cash payment (pay machine)
c) Payment by anonymous prepaid customer card
d) Electronic recording and toll collection via a customer account (with a customer card or a TAG or RFID device already in circulation)
1.1 Cash fee collection (CFC)
Cash payments (CFC – cash fee collection) are made at toll booths which are staffed by cashiers and operated manually. Generally, only Euro coins and notes or Eurocent coins are accepted, to comply with the law. Certain foreign currencies may also be accepted in exceptional cases. The exchange rates applicable in such cases are available from the cashier and are binding. In addition, cash payment may be made by semi‐automated means at pay machines which are Titted with card readers and/or hoppers into which Euro coins can be thrown. Generally, only Euro coins and notes or Eurocent coins are accepted, in compliance with the law. 1, 2 and 5 Eurocent coins are not accepted at the pay machines. 100 €, 200 € and 500 € notes are not accepted. If payment is made by EC card and the debit payment is not fulTilled by the user’s bank, WQG is entitled to ask the bank for the customer’s name and address. By making payment in this way, the user expressly gives permission for his/her bank to disclose the appropriate information.
1.2 Automatic fee collection (AFC)
Automatic cash‐free payments (AFC – automatic fee collection) may also be made in two different ways: either as in method c) by means of a card system (prepaid customer card issued by WQG), or as in method d) by means of an RFID device which is obtainable from WQG or a TAG which is already in circulation (electronic toll collection systems).
• In the toll plaza lanes, please keep a minimum distance of 5 metres between vehicles. This is to ensure that when vehicles drive in and out the system for recording the vehicle and thus calculating the toll works properly.
• It should be borne in mind that measuring devices have been installed in all the lanes in order to determine automatically the vehicle’s height and number of axles in order to classify it. If you are driving a vehicle with a load on a roof rack or a load which exceeds the usual roof height of the vehicle, you should pay particular attention to the height restrictions and use the manual lanes. Billing errors which arise as a result of nonobservation
of this rule will be charged to the customer.
• Barriers and trafTic lights which are subject to the general regulations of the Highway Code [Straßenverkehrsordnung = StVO] are installed at the toll stations. Therefore drivers must proceed at walking pace (10 km/h) in all lanes.
• If the pay machine, customer card or electronic toll collection system malfunctions, the “Help” button which can be found in every lane should be used. Reversing is not allowed.
• Every lane on the toll plaza is equipped with the electronic toll payment (TAG) system.
• If travelling in convoy (where automatic cash‐free payment of the toll is to be made for a number of vehicles immediately after one another, using one and the same means of payment), payment can only be made in the “Cash” lane.
• Vehicles in categories 3, 4 and 5 must use the lanes which do not have mechanical height limitation. Generally, these are the lanes that are staffed by cashiers. As a rule, in these cases the cashier will classify the vehicle.
• When arriving in the vicinity of the toll plaza, and in any case before driving up to the toll booth, the customer should ensure that he/she chooses the correct lane (see overhead signage).
• Motorcycles should always use the “Cash” lane.
2. Automatic fee collection using a customer card, TAG or RFID device
With the TAG or RFID device (electronic toll collection systems), the users/customers (here in after referred to as “customers”) as deTined in Articles 2.3.1 and 2.3.2 may drive through the toll plaza using any lane; those using the customer card may only drive through on the lanes signposted accordingly. WQG sets up customer accounts which provide information about the current status of the account and past usage of the Warnow Tunnel
(time of use). The customer account is topped up by direct debit. The customer is free to choose the amount of the direct debit, subject to a minimum amount equivalent to 10 journeys for the vehicle category agreed in each case.
2.1 Issuing company
The customer card, TAG and RFID device are issued by Warnowquerung GmbH & Co. KG (here in after referred to as “WQG”), registered under number HRA 1321 on the Commercial Register of the District Court of Rostock and legally represented by Warnowquerung Verwaltungsgesellschaft mbH, which in turn is represented by its Chief Executive OfTicer. The current address of its Head OfTice is: Zum Südtor 8, 18147 Rostock.
2.2 Conclusion of contract
The customer card or RFID device is issued on the basis of a contract of sale between the customer and WQG. The customer makes an application for a customer card or RFID device to be issued. The contract of sale only comes into effect when this application is accepted by WQG. WQG is entitled to refuse the application if the customer’s details given in the application are incorrect or incomplete, and/or if there are indications that proper payment of the toll by means of electronic recording and toll collection via a customer account is not guaranteed. In particular, this is the case if the customer is already in default of payment to WQG, if the customer has Tiled for bankruptcy, if insolvency proceedings have already been opened against the customer or have been rejected for want of sufTicient assets, if thecustomer has already come to the company’s attention on account of acquisition of services by fraudulent means and/or deception of WQG or has otherwise come to the company’s attention, or if the customer has been refused credit within the scope of the credit check. The contract is concluded on the basis of these Terms and Conditions. Possible terms and conditions of business on the part of the customer shall not apply, even if WQG has not expressly excluded the inclusion of such terms and conditions of business and/or has accepted the customer’s application in the knowledge of such terms and conditions of business.
2.3 Customer application – required information
The customer’s application must include the following details (unless marked as optional).
WQG will make appropriate application forms available.
2.3.1 Application by a private individual
• Title (optional)
• First name
• Main residence: road and house number
• Telephone number
• Fax number (optional)
• E‐mail address (optional)
• Details of a bank or savings bank account within the Euro zone
• Date of birth
The applicant must also forward the following documents to WQG:
• the completed, dated and signed application for the customer card, TAG or RFID device
• the completed, dated and signed direct debit application
• the completed, dated and signed SEPA form
For identiTication purposes, the customer must present his/her ID card or passport when
the customer card, TAG or RFID device is handed over to him/her.
2.3.2 Application by a corporate customer
• Name of the company(copy of the extract from the commercial register or trade licence)
• Name and address of the legal representative
• Contact person within the company : • Title • Surname • First name
• Address: • Road • Postcode • Town
• Invoice address (inc. postcode) if different from the above address
• Telephone number • Fax number
• E‐mail address
• Details of a bank or savings bank account within the Euro zone
At the same time the applicant must forward the following documents to WQG:
• the completed application, dated and with a legally valid signature, for the customer card,
TAG or RFID device
• the completed form, dated and with a legally valid signature, authorising collection by
• the completed, dated and signed SEPA form
2.3.3 Changes to customer data
The customer is under an obligation to inform WQG immediately in writing of any changes to the customer data as given. If there is a change to the bank details, the customer must immediately give WQG a new direct debit mandate for his/her new bank account and ensure that WQG is able to continue taking the direct debit without interruption. WQG takes no
responsibility for restrictions on performance or hindrance when using the toll route. If the customer does not inform WQG properly of changes to his/her customer data, the company is entitled to immediately disable the customer card or TAG or RFID device which is already in circulation and – if there is no more credit on the customer’s account with WQG and if a warning notice has been given to no avail – to cancel without further notice the contract of sale with the customer relating to the customer card, TAG or RFID device. The costs (e.g.return debit note fees) arising from non‐payment of a direct debit must be borne by the
customer (see WQG’s current price list).
2.4 Delivery and liability TAG and RFID
If WQG accepts the customer’s application, following the deduction of the amount shown in the price list, WQG will hand over the TAG or RFID device to the customer for his/her use in return for a receipt. Employees of WQG will install the TAG or RFID device in a suitable position in the customer’s vehicle.
The customer is responsible for proper use of the device and is also liable in the case of loss. This also applies to TAGs which are already in circulation.
2.5 Using the customer card, RFID device or TAG
With the TAG or RFID device the customer can pay the toll fees fully automatically in any lane; with the customer card this is only possible in the lanes signposted for this purpose. Within the vicinity of the toll plaza the TAG must be installed in its holder and the RFID device must be Tirmly afTixed to the inside of the vehicle’s windscreen. As a rule, the optimum installation area is behind the interior rear‐view mirror. In addition, during installation all the vehicle manufacturer’s individual speciTications regarding the optimum reading ranges must be observed (e.g. areas marked with dots). The RFID device must categorically be installed by
WQG. Incorrectly installed or non‐installed TAGs or RFID devices can lead to malfunctions. In no way may the customer have more than one TAG or one RFID device from WQG in his/her vehicle, in order to prevent double or incorrect charging. The holder of the TAG/RFID device is under an obligation to adhere to the guidelines which apply in the area of the WQG route which he/she is using. WQG takes no responsibility for any consequential damage. Moreover, in these cases WQG reserves the right to terminate the contract for the TAG or RFID device.
2.5.1 Special rules for loaned TAGs still in circulation
The holder of the loaned TAG is under an obligation to adhere to the guidelines which apply in the area of the WQG route which he/she is using. WQG takes no responsibility for any consequential damage. Moreover, in these cases WQG reserves the right to terminate the contract for the loan of the TAG and/or to retrieve the loaned TAG immediately in order to prevent further obstructions to trafTic and operations. The subleasing and/or sale of the loaned TAG by persons or companies which are not authorised by WQG is prohibited. In such a case, WQG is entitled to disable all the customer’s loaned TAGs immediately, to retrieve the TAGs and to terminate the relevant contracts extraordinarily. The customer is responsible for the proper use of the loaned TAG: see Point 1.3. If the loaned TAG is not used within 12 months, WQG reserves the right to cancel the contract.
2.6 Loss and disabling of the company card, TAG or RFID device
If a customer card, TAG or RFID device is stolen or lost, the customer must ask for it to be disabled. To do so, the customer must contact WQG immediately, giving the relevant customer number as stated in the contract. WQG undertakes to carry out the disabling procedure in the system immediately. However, in doing so WQG excludes any responsibility for the consequences of disabling the customer card, TAG or RFID device. Until the disabling procedure has been carried out in the system, the customer is liable for any possible misuse by an unauthorised third party. On application, the customer will be provided with a new
customer card or RFID device with a different number as soon as possible. The purchase price is shown in the current price list.
It is not possible to pay the toll fee using a customer card, TAG or RFID device which has been disabled. WQG will reverse the disabling procedure immediately if the reason for the disabling is no longer applicable and WQG is made aware of this. WQG may recall a customer card or TAG which has been disabled at any time.
2.6.1 Special rules for loaned TAGs still in circulation
The cost of a loaned TAG which has gone missing conforms to that shown in the current price list and must be borne by the customer. If the lost or stolen loaned TAG is recovered by the customer, he/she must return it to WQG. In this case WQG will reimburse the cost incurred to the customer in accordance with the current price list.
2.7 Returning TAGs from existing loan agreements
2.7.1 At the instigation of WQG
If WQG requires the loaned TAG to be returned, the customer is under an obligation to hand back the loaned TAG immediately, but not later than thirty days following notice being given in writing by WQG. If the TAG is not returned, the customer will be invoiced with the cost of the loaned TAG plus an additional handling charge. TAGs which have been purchased are
excluded from this rule.
2.7.2 Return of a loaned Tag at the instigation of the customer
The customer may hand back his/her loaned TAG at any time. If the handing back of the TAG coincides with the ending of the contract, the credit remaining in the customer’s account will be repaid within 30 days to the account nominated to WQG. Cash payments cannot be made. The return of the cost price of purchased TAGs is excluded.
2.8 Invoicing and payments
2.8.1 Itemisation of journeys
At any time or on a regular basis (but at least once a month) WQG is entitled to draw up an itemised list of all transit journeys made by the customer in the preceding period. The itemised list of journeys will list the following details for each discount method (customer card, TAG or RFID device) and transaction:
• Date and time of the journey
• Category of the vehicle as per the Tolls Order
• The amount deducted
The itemised lists of journeys made in the previous month may be retrieved from the Internet if the customer has registered for this service. These lists will only be printed and sent out at the express, reasonable request of the customer in accordance with WQG’s current price list.
2.8.2 Payment by private individuals and corporate customers in general
As a basic principle, no customers will be given credit for toll fees. Payment of the tolls using a customer card, TAG or RFID device is therefore only possible if the customer account shows that the customer has a credit balance as the result of having made an appropriate prepayment. If the toll fee for a journey is no longer covered by the balance of the customer’s account, the customer card, TAG or RFID device will be disabled. WQG will top up the customer account by means of a direct debit of the sum predetermined by the customer, but not less than the cost of ten journeys for a vehicle in the category agreed at the conclusion of the respective contract. If the credit balance of the customer account drops below the equivalent value of the agreed journeys in the agreed category in each case (at least three journeys), a new top‐up will be made each time by direct debit.
2.8.3 Payment by corporate customers (special agreement)
Where a separate relevant contractual agreement exists, WQG will invoice the customer for the accumulated toll fees, payable for the journeys made, on the basis of the itemised list of journeys. Also included in the invoice will be the amounts to be borne by the customer within the scope of this contract for other reasons. The invoice is not valid as a conTirmation of balance of all the unpaid amounts which the corporate customer has to pay for the journeys completed within the relevant period. Completed journeys which are not included on the itemised list may still be invoiced by WQG at a later date. The invoices are due for immediate
settlement and must be paid without deduction within 7 working days.
If payment is not made, or is not made punctually or in full, WQG is entitled to disable the relevant customer card, TAG or RFID device. In the event of default WQG is entitled to demand payment immediately for all completed journeys which have not yet been invoiced. Reminders may be calculated by WQG to include an additional Tlat‐rate handling charge in accordance with the current price list. If the invoice is not paid within eight calendar days of receipt of the reminder, the contract may be cancelled by WQG without further notice. Please refer to § 10 (1) No.1 of the Private Financing of Trunk Roads Act (FStrPrivFinG).
Objections pertaining to the content of an invoice must be lodged against WQG within eighty days of its receipt by the customer. A complaint does not release the customer from his obligation to pay the invoice concerned. In the event of a complaint being made, WQG will carry out a review. Any adjustments following a review will be made by means of credit notes. Where objections are made in due time, WQG will provide evidence of the transaction(s) using the itemised computer listings from the toll station. Once the deadline for objections has passed, WQG is no longer obliged to save the itemised computer listings for the purpose of
evidence and may delete them, in particular on grounds of data protection, so long as no objections have been made. The burden of proof on the part of WQG shall lapse at the time the deletion is carried out. The same shall apply to the anonymous customer cards, the use of which can be tracked with the help of the card number within the above‐mentioned period if there is legitimate interest.
2.10 Period of validity for loaned TAGs still in circulation
The loan began with the acceptance of the customer’s application by WQG and continues indeTinitely. However, it will end not later than the expiry of the functional capability of the loaned device.
2.11 Notice of cancellation of the customer card, TAG or RFID device
2.11.1 Notice of cancellation given by the customer
The customer may give notice of cancellation of the present contract at any time, either in person at the WQG Customer Services Centre or by registered letter including a return receipt to WQG.
2.11.2 Notice of cancellation given by WQG
WQG may give notice of cancellation of the present contract if the toll system is altered or the Tolls Order and/or other laws, licences, permits or permissions applicable to WQG no longer support or change toll billing by means of the customer card, TAG or RFID device. WQG will inform the customer in writing, giving the date of termination. In doing so, WQG must observe
a period of grace of one month. Furthermore, WQG is entitled to give extraordinary notice of cancellation of the contract if the customer is in culpable breach of the terms of this contract or continues to breach them. There is no requirement for notice to be given if after the Tirst breach WQG Tinds a continuation of the contractual relationship to be unacceptable (e.g. in cases of deception, insolvency or the like).
2.11.3 Return of TAGs from existing loan agreements
In the event of notice of cancellation, the customer is under an obligation to hand back immediately to WQG the loaned TAG(s) in his/her possession, in perfect condition. If the condition of the TAG(s) is not perfect, the customer is under an obligation to pay the cash value of the loaned TAG as per the current price list. This rule does not apply to TAGs which have been bought.
2.11.4 Unpaid amounts
In the event of notice of cancellation, WQG will invoice for the amounts which remain unpaid within the scope of this contract. WQG is entitled to settle unpaid amounts with any credit due to the customer. For the rest, credit due to the customer will be transferred by WQG to the customer’s bank account nominated to WQG within 30 working days after deduction of bank and any other charges.
2.12 Court of jurisdiction
The court of jurisdiction for companies, special funds under public law or legal entities under public law is Rostock. This also applies to customers who have no place of residence or business in the Federal Republic of Germany.
2.13 Final clauses
WQG reserves the right to make changes to these Terms and Conditions. Changes will be made public in good time, and at least one month before they come into force, by being posted in the ofTices of WQG. This does not apply to tariffs and price lists, which will apply immediately after being announced. If the customer does not accept the changes, he/she may give notice of termination of the contract as per Clause 2.11.1. If the customer does not make use of this right to give notice of cancellation within one month from the date of the announcement, this will count as agreement on his/her part to the change. At the time of announcing the change, WQG will point out the outcome of failing to give notice of cancellation.
2.13.2 Data exchange with credit agencies
To prevent defaulting against payment of toll fees, WQG is entitled to forward personal contractual data as well as details of contractual irregularities (e.g. notice of cancellation on account of default in payments, court orders submitted for undisputed claims, levies of execution) to the Schutzgemeinschaft für allgemeine Kreditsicherung [Schufa = the German General Credit Protection Agency] and to obtain corresponding information from there. During the contractual relationship, if such data is passed on to Schufa from other customer relationships, WQG will be informed of this. The data transmission in each case will only be carried out if this is necessary to protect the interests of WQG or a contractual partner of Schufa and the protection of the customer’s interest is not compromised. In the case of corporate customers, WQG will additionally exchange data with other business credit agencies and credit insurance companies in accordance with the principles described above. On request, the customer will be sent the addresses of the companies concerned as well as a leaTlet about Schufa.
2.13.3 Note on data protection
WQG stores, uses and processes the customer data as well as the recording data from the journeys in order to conduct the contractual relationship, in particular to bill and pay the toll fees electronically. The relevant data privacy statement can be inspected in WQG’s ofTices or on the Internet.
3. Automatic fee collection using an anonymous customer card
3.1 Issuing company
The customer card is issued by Warnowquerung GmbH & Co. KG. At the point of sale of the card it becomes the property of the customer. When topped up with cash, the customer card is anonymous and not restricted to one person. When it is topped up by direct debit, it is allocated to a named customer (see Point 2).
3.2 Minimum topup amount
The customer card is available for a minimum sum equivalent to 10 journeys for the respective agreed category from the cashier at the pay station (24/7) or at the WQG Customer Services Centre. It can be topped up in the “Cash” lane or at the WQG Customer Services Centre using cash or an EC card. Similarly, the minimum top‐up is equivalent to the cost of 10 journeys for the respective category. If an anonymous customer card is lost or given back, no refund will be given.
3.3 Using the card
Customers driving vehicles in categories 1 and 2 who are paying by customer card may use all the other lanes in addition to the reserved lane marked “T”. The customer is responsible for the proper use of the customer card. WQG takes no responsibility for the use of the customer card by unauthorised third parties. If the card is damaged or destroyed as a result of improper treatment, the cost of this shall be borne by the customer.