Copyright (c) Hrvatske autoceste održavanje i naplata cestarine d.o.o. 2015.
HAC Seasonal Electronic Toll Collection General Conditions
– seasonal prepayment with 23.5% discount -
1.1. "HAC" - shall mean the company HRVATSKE AUTOCESTE d.o.o. (CROATIAN MOTORWAYS Ltd.) for management, construction and maintenance of motorways, Širolina 4, Zagreb.
1.2. "General Conditions for Seasonal Electronic Toll Collection" (hereinafter SETC General Conditions) – shall mean the General Operating Conditions of HAC d.o.o. for seasonal electronic toll collection.
1.3. "SETC 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 Prepayment Account or Prepayment Accounts, and which represents an electronic medium for toll payment.
1.4. "Toll Collection Point" - shall mean a toll plaza for the use of a motorway and/or tolled engineering structure for which payment by an SETC device was approved.
1.5. "User" - shall mean a natural person over the age of 18, a legal person or a trader/craftsman for whom HAC keeps a prepayment account or accounts on its main operational computer and which communicates with all toll collection points at which the toll is paid by a SETC device.
1.6. "Electronic Toll Collection System" - shall mean a system that HAC uses to keep a Prepayment Account for the User on the toll collection central server which communicates with all toll collection points at which the toll is paid by a SETC device. All payments and the amounts spent are recorded on the main operational computer according to the travelled section of motorway. All data on the main operational computer are kept in gross amount without calculated discount, and the system permits creation of the statement of transactions for per each prepayment account.
1.7. "Acceptable Balance of Account" – shall mean any balance of a Prepayment Account stated on the main operational computer in gross amount greater than zero.
1.8. "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.
1.9."Toll Prepayment" – shall mean the Toll paid in advance with a 33,48% discount to a Prepayment Account when purchasing a SETC device, as well as any additional payment to the Prepayment Account with the purpose of future use of the SETC device in the minimum amount referred to in Article 4.6 of the SETC General Conditions.
1.10. "Interoperable Payment System" – shall mean that the SETC device issued by HAC shall be accepted as an electronic payment medium at the Toll Collection Points on the "Rijeka-Zagreb" Motorway.
1.11. "Bearer" shall mean any person paying the Toll by an SETC device.
1.12. "The period of seasonal prepayment" shall mean the period from November 1 of the current year till March 31 of the following year.
1.13. "Prepayment account" shall mean an account kept by HAC for a User on the toll collection main operational computer which communicates with all toll points on which toll is paid by SETC device and wherein the account is kept for vehicles classified in the same vehicle category.
1.14. "Vehicle category" shall imply vehicles classified into a specific category pursuant to the decision by HAC on the toll level and the toll collection system for the use of m�otorways and tolled engineering structures.
1.15. "General Conditions for ETC" – shall mean General Operating Conditions for electronic toll collection of HAC – prepayment with the 21,74% discount.
2. Purchasing a SETC device
2.1. A User of a SETC device can become any legal entity, a trader/craftsman or a natural person who signs the Application Form and pays a charge for the SETC 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 obligation of explaining its decision.
2.3. If HAC reaches a favourable decision concerning the Application Form, it shall issue a SETC 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 SETC General conditions.
2.4. On the day of signing the Application Form the User accepts the rights and obligations from the SETC General Conditions and General Conditions for ETC in the event of conversion of toll prepayment pursuant to Article 4.12 of SETC 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 SETC 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 SETC General conditions. At the moment of accepting the SETC device, the User is obliged to pay the charge and the Toll Prepayment for each SETC 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 SETC device at a price determined by a valid decision of HAC on purchasing a replacement SETC device, which is a constituent part of these SETC 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 SETC device.
3. General responsibility of the user and of HAC
3.1. The user shall be responsible for expenses made by using the SETC device with his/her entire property. The User of the SETC device shall be obliged to mount the purchased SETC device on the inside of the front windscreen of the vehicle, in accordance with the guideline on mounting the SETC device. The User of the ETC device shall be authorized to use a single SETC device for multiple vehicles of an appropriate category. In case the User wishes to use the SETC 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 SETC General Conditions. HAC is not liable to the User for any damaging of the SETC device or for the damage incurred to the User or a third party as the consequence of the use of the device contrary to this Article of the SETC General Conditions.
3.2 The User of the SETC device shall be obliged to use the SETC device solely for toll collection purposes, for the vehicle category quoted in the delivery order. f 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 SETC General conditions.
3.3. The User agrees that in the circumstances of the SETC device being used more than three (3) times for toll payment f�or a higher vehicle category than the category for which the corresponding SETC 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 SETC 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 SETC device, with the SETC General Conditions. The User shall be responsible to HAC if the User or the Bearer of the SETC device should act contrary to the SETC 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 SETC 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.
3.7. 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 SETC device and prepayment
4.1. The User shall be authorized to use the SETC device for toll collection for an indefinite period of time within the Seasonal prepayment period and for the vehicle category for which the SETC has been filed and for which the corresponding prepayment account is being kept. The User shall be authorised to use the SETC device for toll collection for the vehicle category for which the SETC has been filed also outside the Seasonal Prepayment Period pursuant to Article 4.12 of these SETC General Conditions.
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 SETC 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 prepayment, 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 SETC device has been limited or upon cancelling the use of the SETC device, the User is obliged to restrain himself from the any attempt to use the SETC device. The User bears all possible expenses of the cancelling of use of the SETC device.
4.5 The SETC device can be used as an electronic medium for toll payment on the following motorways: "Zagreb-Split-Ploče" motorway, "Zagreb-Rijeka" motorway, "Bregana-Zagreb-Lipovac" motorway, "Zagreb-Varaždin-Goričan" motorway, "Krk Bridge" toll plaza and "Rupa-Rijeka" motorway.
4.6. The minimum amount of toll prepayment as per SETC device is determined by HAC. The amount of the minimum amount is variable and may be subsequently decreased or increased.
4.7 Several SETC devices can be issued for one credit card. Each user: natural person, legal person or craftsman may have several prepayment accounts for which one or several SETC devices may be issued. Any payment to the prepayment account may be made only at authorised points of sales of HAC. All information on toll prepayment is available by telephone at 0800-0422 (free of charge) and web at www.hac.hr.
4.8 HAC guarantees proper operation of each SETC device for a period of one year starting from the delivery of the SETC device to the User, and shall issue a Guarantee Certificate to the User.
4.9 At the moment of purchase of the SETC device and payment or supplementary payment to the Prepayment account HAC shall immediately issue an invoice to the User with the charge for the SETC device (VAT included) and/or the amount of toll in the following way: amount of toll, amount of discount, the amount with calculated discount from which VAT i.e. charge is expressed in percentage. The price of services provided to the User, when using the SETC device, shall be calculated at a Toll Collection Point according to the section of the motorway used.
4.10. The SETC device can be used for toll payment on motorways operated by HAC after making supplementary payment to the Prepayment account in the minimum amount of toll prepayment per SETC device from Article 4.6. of the SETC General Conditions.
4.11 HAC shall at the written request forward to the User the invoice with the statement of the performed transactions per account for the previous month.
4.12. In the event that at the moment of expiry of Prepayment period, there is unused amount on the prepayment account the said amount is transfered as of 1st of April into the prepayment toll account with 21,74% discount by calculating the unused amount of toll prepayment into net amount divided by 0.9 (prepayment balance x0,765 / 0,9). The User agrees to use the said amount of the transferred prepayment with the proper application of the SETC General Conditions. In the period that is not the Seasonal Prepayment period the Users may use the SETC device only for the vehicle category for which it has been registered.
4.13. In the event that at the beginning of Seasonal Prepayment Period there is an amount of unused prepayment, the stated amount shall be transferred to the Toll prepayment with 33,48% discount by calculating the unused amount of toll prepayment into net amount divided by index 0.765 (prepayment balance x 0,9 / 0,765). The User may use the stated amount in accordance with these SETC General Conditions.
5. User responsibility
5.1. The User of SETC device shall make sure that during the use of the SETC device on prepayment account there is sufficient amount for the use of the SETC device. In the event that there is not an acceptable balance of account, the User agrees not to be able to make electronic toll payment at the toll collection point. The SETC device may be used only for the vehicle category for which it has been registered and in the case of clashing with the vehicle category for which it has been registered, HAC shall proceed as per Articles 3.2., 3.3. and 3.4. of these General Conditions.
5.2. The User shall be responsible for every unauthorised or illegal use of the SETC 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 SETC device, the User shall inform HAC as soon as possible (by telegram, e-mail, fax etc.).
5.4. The User shall compensate to HAC all the expenses incurred by the use of the SETC device, in case of theft or loss of the SETC device, up to the moment when HAC received the notice in accordance with Article 5.3 of the General Conditions on SETC, and shall pay to the prepayment account the amount of the unauthorised overdraft within 30 days from the date of the performed transaction. Otherwise, HAC shall send a reminder before claim and initiate the procedure of collection of outstanding debts. The unauthorised overdraft is any balance of the account that is lesser than the acceptable balance of 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 on all stated motorways the use of the SETC device that is in breach of these General Conditions shall be disabled by placing the SETC device on the «stop list».
5.6 The User shall be� responsible for any mechanical damage to the SETC 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 SETC device and shall pay the expenses of the issuance of a replacement SETC device in the amount determined by the HAC.
5.7 Following the receipt of the written notice on loss or theft of the SETC 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 SETC General Conditions.
6. Final provisions
6.1. For the purpose of protection of its business or for other legitimate reasons, HAC may amend the SETC 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.
HRVATSKE AUTOCESTE d.o.o.
Širolina 4 – Zagreb, HR, 10000
Phone: 01-4694-719 ,4694-702,4694-731,4694-732
For SETC DEVICE No:______________________________________
Name and address of the purchaser:______________________________________
1. HAC gives the purchaser a twelve-month guarantee for the SETC 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 HRVATSKE AUTOCESTE d.o.o. za upravljanje, građenje i održavanje autocesta, 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 shall 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