Copyright (c) Hrvatske autoceste održavanje i naplata cestarine d.o.o. 2015.
HAC ELECTRONIC TOLL COLLECTION GENERAL CONDITIONS
– subscription with 21,74% discount -
1.1. "HAC" - shall mean the company CROATIAN MOTORWAYS Ltd. for management, construction and maintenance of motorways, Širolina 4, Zagreb.
1.2. "Electronic Toll Collection General Conditions" (hereinafter ETC General Conditions) – shall mean the General Operating Conditions of HAC d.o.o. for electronic toll collection.
1.3. "HAC Electronic Toll Collection (ETC)” – shall mean a subscription method of toll payment using an ETC device for a suitable vehicle category with a 21,74% discount.
1.4. "ETC device" - shall mean the device which HAC has sold for a particular vehicle category, quoted in the bill - goods received note, to a User, for whom HAC keeps a Subscription Account or Subscription Accounts, and which represents an electronic medium for toll payment.
1.5. "Toll Subscription" – shall mean the Toll paid in advance with a 21,74% discount payable to the Subscription Account when purchasing an ETC device, as well as any additional payment to the Subscription Account with the purpose of future use of the ETC device in the minimum amount referred to in Article 4.6 of the ETC General Conditions.
1.6. "Toll Collection Point" - shall mean a toll plaza for the use of a motorway and/or tolled road structure for which payment by an ETC device was approved.
1.7. "User" - shall mean a natural person over the age of 18, a legal entity or a trader/craftsman for whom HAC keeps a Subscription Account or Subscription Accounts on its toll collection central server which communicates with all toll collection points at which the toll is paid by an ETC device.
1.8. "Electronic Toll Collection System" - shall mean a system that HAC uses to keep a Subscription Account for the User on the toll collection central server which communicates with all toll collection points at which the toll is paid by an ETC device. All payments and the amounts spent are recorded on the central server according to the section of the motorway used. All data on the central server are recorded in the gross amount, excluding discount, and the system enables the creation of a statement of transactions for each Subscription Account.
1.9. "Acceptable Balance of Account" – shall mean any balance of a Subscription Account stated on the central server in gross amount greater than zero.
1.10. "Toll" - shall mean the amount determined by a valid decision of HAC on the amount of the Toll and the Toll Collection System for the use of motorways and tolled road structures in accordance with the valid price list, and, concerning the sections of the motorway and tolled structures operated by another operator, the amount established by the decision of another operator on the amount of Toll and Toll Collection System for the use of motorways and tolled structures in accordance with the relevant price list of that operator. The Toll includes the value added tax.
1.11. "Interoperable Payment System" – shall mean that the ETC device issued by HAC shall be accepted as an electronic payment medium at the Toll Collection Points on the "Rijeka-Zagreb" Motorway.
1.12. "Bearer" shall mean any person paying the Toll by an ETC device.
2. Purchasing an ETC device
2.1. A User of an ETC device can become any legal entity, a trader/craftsman or a natural person who signs the Application Form and pays a charge for the ETC device, confirms receiving the device by signing a bill - goods received note, and submits to HAC all the documentation quoted in the Application Form.
2.2. HAC shall decide on the acceptance of the Application Form at its own discretion and shall have the right to reject the Application Form, without the oblig�ation of explaining its decision.
2.3. If HAC reaches a favourable decision concerning the Application Form, it shall issue an ETC device to the User. The device shall be delivered to the User personally on locations stated in List No.1., which is a constituent part of these ETC General conditions.
2.4. On the day of signing the Application Form the User accepts the rights and obligations from the ETC General Conditions.
2.5. It shall be deemed that on the day of the delivery of the ETC device an agreement on the use of the ETC device has been concluded, and that from that day a contractual relationship between HAC and the User is established.
2.6. The User becomes the owner of an ETC device by paying the amount determined by a valid decision of HAC on the day of signing the contract, which is the constituent part of these ETC General conditions. At the moment of accepting the ETC device, the User is obliged to pay the charge and the Subscription Toll for each ETC device bought.
2.7. If damage to the ETC device is caused by any reason, except by the reasons originating from the device itself, the User can purchase a replacement ETC device at a price determined by a valid decision of HAC on purchasing a replacement ETC device, which is a constituent part of these ETC General conditions.
2.8. The User shall inform HAC in writing, without any delay, of any change in the User’s data as well as of any change of address of the person responsible, and changes in any other data in the Application Form for the purchase of the ETC device.
3. General responsibility of the user and of HAC
3.1. The User shall be responsible for expenses made by using the ETC device with his/her entire property. The User of the ETC device shall be obliged to mount the purchased ENC device on the inside of the front windscreen of the vehicle, in accordance with the guideline on mounting the ETC device. The User of the ETC device shall be authorized to use a single ETC device for multiple vehicles of an appropriate category. In case the User wishes to use the ETC device for multiple vehicles, he/she shall be obliged to purchase a corresponding number of transponder holders at a price determined by a valid decision of HAC, Article 2.6. of the ETC General Conditions. HAC shall not be liable to the User for the damage on the ETC device, or the damage to the User or the third party which occurs as a result of actions contrary to this article of the ETC General Conditions.
3.2. The User of the ETC device shall be obliged to use the ETC device solely for toll collection purposes, for the vehicle category quoted in the account - goods received note. If the ETC device should be used for toll collection for a higher vehicle category, the User agrees for HAC to charge the difference to the full amount of the toll, without the discount, for the vehicle category concerned, pursuant to Article 1.8. of the ETC General conditions.
3.3. The User agrees that in the circumstances of the ETC device being used more than three (3) times for toll payment for a higher vehicle category than the category for which the corresponding ETC device is registered, HAC shall have the right to terminate the Contract.
3.4. HAC shall not be obliged to refund the overpaid amount of toll if the ETC device should be used for toll payment for vehicles of lower category.
3.5. The User shall be obliged to familiarise each Bearer, to whom he/she gives the ETC device, with the ETC General Conditions. The User shall be responsible to HAC if the User or the Bearer of the ETC device should act contrary to the ETC General Conditions, and the User agrees to bear all expenses resulting therein to HAC.
3.6. In the event of interruption of the operation of the Electronic Toll Collection System, HAC shall repair the system as soon as possible. HAC shall not be responsible for any damage the User might suffer due to the inability to use the ETC device in the event of interruption of� the operation of the Electronic Toll Collection System. HAC shall not be responsible to the User for the operation of the Interoperable Toll System and the operations of another operator.
3.4. HAC guarantees to the User discretion and secrecy of all data related to the payment and the amount spent in the Electronic Toll Collection System, in accordance with the professional ethics code in business relationships.
4. The use of the ETC device and the subscription
4.1. The User shall be authorized to use the ETC device for toll collection for an indefinite period of time.
4.2. HAC shall have the right to limit temporally or to cancel the use of the ETC device, without the obligation to explain its decision.
4.3. The User may renounce the use of the ETC device, by a written notice and without the obligation to explain the renouncement. In the mentioned case, HAC shall return to the User the amount of the unused subscription, deducted for expenses, within 30 days from the date of receipt of the written notice on the renouncement.
4.4. On the occasion of the renouncement, upon the expiry of the period of time to which the use of the ETC device has been limited or upon cancelling the use of the ETC device, the User is obliged to restrain himself from the any attempt to use the ETC device. The User bears all possible expenses of the cancelling of use of the ETC device.
4.5. The ETC device can be used as an electronic medium for toll payment on the following motorways: Zagreb – Split - Ploče M/way, Zagreb-Rijeka M/way, Bregana-Zagreb-Lipovac M/way, Zagreb-Varaždin-Gorican M/way, Beli Manastir – Osijek - Svilaj M/way, Rupa-Rijeka M/way and Krk Bridge Toll Plaza.
4.6. HAC shall establish the minimum amount of the Subscription Toll for the ETC device. The minimum amount is changeable and can be subsequently reduced or increased.
4.7. Several ETC devices can be issued for one Subscription Account to natural persons, legal entities and traders/craftsmen. Each User, a natural person, a legal entity or a trader/craftsman, can have several Subscription Accounts for each of which one or several ETC devices can be issued. Supplementary payments to the Subscription account are possible only at authorized HAC Toll Plazas. All information on Subscription tolls is available by telephone at 0800-0422 (free of charge) and Web at www.hac.hr.
4.8. HAC guarantees proper operation of each ETC device for a period of one year starting from the delivery of the ETC device to the User, and shall issue a Guarantee Certificate to the User.
4.9. At the moment of purchase of the ETC device or the supplementary payment to the Subscription Account, HAC shall immediately issue an invoice to the User with the charge for the ETC device (VAT included) or the price of the Toll stated in the following way: the amount of the Toll, the amount of the discount, the amount with the calculated discount from which VAT and the charge are expressed with a re-calculated rate. The price of services provided to the User, when using the ETC device, shall be calculated at a Toll Collection Point according to the section of the motorway used.
4.10. The ETC device can be used for toll payment immediately after making a supplementary payment to the Subscription Account on motorways operated by HAC.
4.11. Within the fifteenth day of the current month, HAC shall forward to the User the statement of performed transaction on the account in the previous month.
5. User responsibility
5.1. The User of the ETC device shall make sure that during the use of the ETC device he/she has sufficient funds on the Subscription Account for the use of the ETC device. In the case of there not being an Acceptable Balance of Account, the User agrees that he be denied electronic toll collection at a Toll Collection Point.
5.2. The User shall be responsible for every unauthorized or illegal use of the ETC device. On request of the Toll Collection Point staff, the Bearer shall submit the identity card or passport. HAC has the power to, but is not obliged to, determine the identity of the Bearer.
5.3. In the event of loss or theft of the ETC device, the User shall inform HAC as soon s possible (by telegram, e-mail, fax etc.).
5.4. The User shall compensate to HAC all the expenses incurred by the use of the ETC device, in case of theft or loss of the ETC device, up to the moment when HAC received the notice in accordance with Article 5.3 of the General Conditions, and shall pay to the Subscription Account the amount of the unallowed overruns within 30 days from the date of the overrun. In the opposite case, HAC shall send to the User a warning before filing charges and shall instigate a claim procedure. The unallowed overrun shall mean any state of the account below the Acceptable Balance of the Account. The debt shall be considered settled when the remittance arrives at the HAC account.
5.5. The User agrees that in the Interoperable Toll Collection System the use of the ETC device which is below the Acceptable Balance of the Account shall be disabled by placing the ETC device on the «stop list».
5.6. The User shall be responsible for any mechanical damage to the ETC device due to which the device cannot be used in the Electronic Toll Collection and the Interoperable Collection System, as well as for loss or theft of the ETC device and shall pay the expenses of the issuance of a replacement ETC device in the amount determined by the HAC.
5.7. Following the receipt of the written notice on loss or theft of the ETC device, HAC shall block the use of the lost device, and shall issue a replacement device to the User, in accordance with Article 2.7. of the ETC General Conditions.
6. Final provisions
6.1. For the purpose of protection of its business or for other legitimate reasons, HAC may amend the General Conditions, of which the User shall be informed in writing.
7.1. In the event of a dispute, it shall be settled by the appropriate competent court in Zagreb.
CROATIAN MOTORWAYS Ltd.
Širolina 4 – Zagreb, HR, 10000
Phone: 01-4694-719 , 01-4694-702 , 01-4694-731 , 01-4694-732
For ETC DEVICE No.:______________________________________
Name and address of the purchaser: ______________________________________
1. HAC gives the purchaser a twelve-month guarantee for the ETC device.
2. The guarantee term shall begin from the moment HAC delivers the new product to the purchaser.
3. In order to realise the rights from this guarantee, the purchaser shall submit the complaint within the guarantee term to the CROATIAN MOTORWAYS Ltd. for management, construction and maintenance of motorways, Širolina 4, Zagreb, i.e. to the company's trading centre in which the product was purchased. During the guarantee term HAC shall carry out free repair of the product in the shortest time period possible, the longest being seven (7) days. If the product cannot be repaired within the period of seven (7) days, HAC shall replace the product with a new one.
4. HAC shall bear the expenses of spare parts, fittings and employment costs related to the repair.
5. If at the moment of the complaint the product and/or spare parts are not produced, HAC shall have the right to replace it with a similar product.
6. HAC shall provide spare parts to the market for seven years, starting from the product delivery date. The list of authorised service shops is enclosed to this guarantee.
7. This guarantee s�hall not cover flaws or damages which occur as a direct or indirect consequence of:
a) incorrect installation, i.e. installation done contrary to the installation instructions,
b) improper use or operation,
c) use of inappropriate spare parts and equipment for transport or any other form of operation,
d) product modifications,
e) force majeure,
f) other flaws or damages which do not occur because of the fault of the material, production or because of structural errors, and in this respect, the abovementioned cases are not exclusive.
8. Repair in cases not covered by the guarantee
In the case that the purchaser's complaint is not covered by this guarantee, the purchaser will bear the expenses of the servicemen connected to the examination of the product (including the employment costs), as well as any expenses of demounting and re-mounting of the product along with all other expenses. If the purchaser – after being informed of the fact that the guarantee does not cover his complaint and of the expected price of the repair outside the guarantee – wants the repair to be done, the purchaser shall additionally pay for the spare parts and employment costs related to such repair.
9. In addition to this guarantee, the provisions of the mandatory regulations shall also apply.
To be filled out by the vendor:
______________ _____________ ______________________
date of purchase stampsalesperson’s signature