General Terms and Conditions (GTC) of Tollhopper.com

§ 1 Scope of Application

(1) These General Terms and Conditions (GTC) shall apply to all business relationships between the provider Tollhopper.com, operated by PrimePath AI GmbH, represented by the Managing Directors A. Tolj and R. Mahir, Zum Brunnenhof 7, 82343 Pöcking (hereinafter “Tollhopper”), and its customers (hereinafter “Customers”), whether as a service agreement within the meaning of Sections 611 et seq. of the German Civil Code (BGB) or as a contract of sale within the meaning of Sections 433 et seq. of the BGB, unless otherwise agreed in writing by the contracting parties.

(2) These GTC shall apply irrespective of whether Customers are consumers, entrepreneurs or merchants.

(3) In the B2C context, Tollhopper addresses private customers requiring a digital motorway vignette or toll solution for their road journeys in Europe, including in particular tourists, holidaymakers, commuters and frequent travellers.

(4) In the B2B context, Tollhopper addresses travel agencies, tourism partners, car rental companies, fleet operators and affiliate partners.

(5) All agreements between Customers and Tollhopper in connection with a contract of sale or service agreement shall derive in particular from these terms of sale, the written order confirmation and Tollhopper’s declaration of acceptance.

(6) The version of these GTC in force at the time of conclusion of the contract shall apply.

(7) Deviating, conflicting or supplementary general terms and conditions of the Customer shall not become part of the contract unless their applicability is expressly agreed in writing.

§ 2 Subject Matter of the Contract

(1) Tollhopper, as an online service provider, offers a platform for the procurement and management of digital motorway vignettes and toll products in Europe. The service includes procuring the relevant vignettes on behalf of and at the Customer’s instruction, as well as providing information and assistance with route planning.

(2) Tollhopper does not consider itself a voucher retailer but a travel-planning service provider that streamlines administrative processes and enables immediate digital activation.

§ 3 Formation of the Contract

(1) The presentation and advertisement of items on the website and in promotional materials do not constitute a binding offer to conclude a contract of sale or service agreement.

(2) The Customer may place an order via the Tollhopper website by selecting the desired vignettes and entering the required details.

(3) Tollhopper shall acknowledge receipt of the order without undue delay and confirm receipt by e-mail. Such confirmation does not yet constitute binding acceptance unless acceptance is expressly declared therein.

(4) A contract is only concluded when Tollhopper accepts the Customer’s order by issuing an order confirmation. This confirmation shall include a description of the services, prices and payment terms. Any amendments require the written consent of both parties. Tollhopper reserves the right to make reasonable adjustments to prices and delivery dates.

(5) The foregoing provisions shall apply mutatis mutandis to both service agreements and contracts of sale.

(6) If delivery of the ordered products is not possible, Tollhopper shall not declare acceptance. Tollhopper shall inform the Customer without delay and refund any payments received immediately.

§ 4 Performance of the Contract

(1) These are service agreements, not contracts for work. Services shall be deemed rendered once the agreed service has been performed and related queries addressed. The Customer shall provide all relevant information truthfully and completely.

(2) Tollhopper shall apply its expertise in accordance with recognised quality standards. No guarantee of success shall be provided.

(3) The Customer shall receive exclusive, non-transferable rights of use to informational materials, reports and analyses.

(4) All documents are protected by copyright. Reproduction, distribution or public disclosure requires prior consent.

(5) The cooperation is based on collaboration; recommendations are non-binding. The Customer shall bear responsibility for its own actions.

(6) Force majeure (e.g. strike, natural disasters) entitles Tollhopper to postpone performance; claims for damages are excluded.

(7) Illustrations and descriptions serve merely for illustration; no warranty is assumed.

(8) Tollhopper may make professionally justified adjustments provided they do not constitute a material alteration and are reasonable.

(9) Tollhopper may, at its discretion, engage third parties (subcontractors) to perform services.

§ 5 Prices and Terms of Payment

(1) All prices are gross prices inclusive of statutory value added tax. Payment terms shall be set out in the individual contract.

(2) A service fee shall be charged in addition to the costs of the vignettes.

(3) The purchase price or fee shall be payable in advance.

(4) In the event of default in payment, Tollhopper may charge default interest and dunning costs.

(5) The Customer may only offset claims if they are undisputed or have been finally adjudicated.

(6) Rights of retention may only be exercised on the basis of counterclaims arising from the same contract.

§ 6 Delivery and Activation

(1) The digital toll products will be delivered within a maximum of 15 minutes or upon receipt of the confirmation email by the customer.

(2) If online delivery is not possible, Tollhopper shall inform the Customer without undue delay and, where applicable, shall not declare acceptance.

(3) In the event of temporary unavailability, the Customer shall likewise be informed without delay.

(4) Activation shall occur immediately in digital form.

(5) The Customer shall receive an activation confirmation by e-mail.

§ 7 Term and Termination

(1) The term shall be determined by the individual contract and ends upon complete performance.

(2) Extraordinary termination for cause is permitted.

(3) Cancellations require the written consent of both parties; compensation may be demanded.

§ 8 Retention of Title

The products shall remain the property of Tollhopper until full payment is received.

§ 9 Warranty

(1) Warranty shall be governed by statutory provisions: a two-year warranty for goods supplied to consumers (B2C) and a one-year warranty for entrepreneurs (B2B).

(2) Vendor and manufacturer guarantees shall apply in addition to statutory warranty claims; details are set out in the guarantee conditions.

§ 10 Liability

(1) Liability for intent and gross negligence shall apply in accordance with statutory provisions.

(2) For breach of material contractual obligations, liability shall be limited to foreseeable, typical damages.

(3) Liability for personal injury and under product liability law shall remain unaffected.

(4) In the event of data loss, liability shall be limited to the damage that would have been incurred by proper data backup.

(5) No liability is assumed for the accuracy of route and toll calculations; the Customer must comply with traffic regulations.

(6) Statutory limitation periods shall apply to warranty and claims for damages.

§ 11 Rights of Use

(1) The Customer shall receive a simple, non-transferable right to use digital content for personal use.

(2) Single download only; no modification, distribution or commercial use permitted.

(3) Tollhopper may restrict or disable further downloads at any time.

(4) Rights of use shall commence upon full payment.

§ 12 Statutory Right of Withdrawal for Consumers

(1) Consumers shall have a fourteen-day right of withdrawal.

(2) Entrepreneurs shall not have a right of withdrawal.

Right of Withdrawal

Right of withdrawal: Consumers may withdraw from this contract within fourteen days without giving any reason.

The withdrawal period shall commence upon receipt of the goods or, in the case of digital content, upon conclusion of the contract.

Effects of withdrawal: All payments received shall be refunded within fourteen days of receipt of the notice of withdrawal; the Customer shall bear the cost of return shipment.

The right of withdrawal for digital content shall expire if performance has begun before the withdrawal period elapses and the Customer has expressly consented thereto.

Standard Withdrawal Form

(To exercise the right of withdrawal, please complete this form and send it back to us.)

To: PrimePath AI GmbH
post@tollhopper.com
Zum Brunnenhof 7, 82343 Pöcking

I/We (*) hereby give notice that I/We (*) withdraw from the contract concluded by me/us (*) concerning the purchase of the following goods:

I/We (*) hereby give notice that I/We (*) withdraw from the contract concluded by me/us (*) concerning the provision of the following service:

Ordered on / received on (*)

Name(s) of consumer(s)

Address of consumer(s)

Signature of consumer(s) (only if this form is notified on paper)

Date

(*) Delete as appropriate.

§ 13 Data Protection

(1) The Customer consents to the electronic processing of personal data; such data shall be treated confidentially and not disclosed to third parties.

(2) Compliance with the EU General Data Protection Regulation (GDPR) and other applicable data protection provisions.

(3) Detailed data protection provisions are available via the links in the footer.

§ 14 European Dispute Resolution

(1) Information on the online dispute resolution platform: https://ec.europa.eu/consumers/odr.

(2) Tollhopper does not participate in consumer arbitration proceedings.

§ 15 Final Provisions

(1) German law shall govern these GTC; mandatory provisions of the consumer’s country of residence shall remain unaffected.

(2) For merchants domiciled in Germany, the place of jurisdiction shall be Pöcking; otherwise, mandatory statutory provisions shall apply.

(3) Oral side agreements shall require written confirmation to be effective.

(4) Should any provision be invalid, the validity of the remaining provisions shall remain unaffected.

(5) Amendments and supplements shall require the written form.