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GENERAL TERMS OF USE

 

HAC ELECTRONIC TOLL COLLECTION GENERAL CONDITIONS

– subscription with 33,48% discount -

1. Definitions

1.1. "HAC" - shall mean the company CROATIAN MOTORWAYS Ltd. for management, construction and maintenance of motorways, Širolina 4, Zagreb.

1.2. "ETC General Conditions" – shall mean the General Operating Conditions of HAC Ltd. for HAC electronic toll collection.

1.3. "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 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 road structure for which payment by an ETC device was approved.

1.5. "The authorized HAC sales point" shall mean retail outlet where it is possible to buy an ETC device and/or make a payment to the Subscription Account. List of these places is published on HAC-ONC website.

1.6. "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.

1.7. "IIS HAC" the Integrated Information System by HAC which communicates with a central server and all toll collection points at which the toll is paid by ETC devices. Each payment and the amount spent according to the section of the motorway used is recorder there.

1.8. "Electronic Toll Collection System" - shall mean a system that HAC uses to keep a Subscription Account for the User on the IIS HAC. 

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. "Toll Subscription" shall mean the pre-paid toll to be paid to the Subscription Account when purchasing ETC, as well as any payment to the Subscription Account for future use of the ETC device in the minimum amount according to article 4.6. of the General terms of use. When payment to the Subscription Account has been done, the user has a discount of 33.48% during the seasonal subscription and 21.74% outside of that period.

1.12. "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 of the other concessionaires or legal entities with which HAC has concluded an agreement on interoperability.

1.13. "Bearer" shall mean any person paying the Toll by an ETC device.

1.14. "Seasonal subscription period" is a period between 1st of November and 31st of March.

1.15. "Subscription Account" is an account HAC keeps for Users in IIS HAC with all the transactions created with ETC device and payments. That account is maintained for vehicles that are classified in the same vehicles category.

1.16. "Vehicles category" are vehicles classified in a particular group according to the Decision on the toll and toll collection system for the use of motorways and toll objects.

1.17. "General terms for ETC" are General terms of use for HAC electronic toll collection - with the 21.74% discount in period between 1st of April and 31st of October.

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 obligation 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 all HAC`s sales points.

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. At the moment of accepting the ETC device, the User is obliged to pay the charge and the Subscription Toll. Upon purchase of the ETC device or user registration, a username and password for using of the toll web portal prodaja.hac.hr. will be generated. 

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 on the purchase day. 

2.8. The User shall inform HAC in writing, without any delay, of any change in the User’s data as well as 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 the same 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 1.10. 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. The user is charged a contractual penalty of twice the amount of toll for the longest route and the corresponding vehicles category from exit point from the highway route used if:

   1. comes without records on electronic media to the exit toll station

   2. comes with a record on the electronic medium older than 24 hours to the exit toll    station, and has no evidence of the reason for retention on the highway

   3. do not use data from the electronic media used at the entrance to the highway at the  exit toll stations.

3.7. 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.

3.8. 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 in the period of seasonal subscription for a vehicle category for witch the ETC is registered and for witch Subscription account is kept. The User shall be authorized to use the ETC device for toll collection for a vehicle category for which the ETC is registered outside of the seasonal discount period in accordance with articles 4.13. and 4.14. hereof.

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. The minimum amount of the Subscription Toll for the ETC is determined by the HAC. The minimum amount is changeable and can be subsequently increased or decreased.

4.7. Several ETC devices can be issued for one Subscription Account. Each User 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. If a user who has multiple prepaid accounts is for more than 30 days in an unacceptable balance in one or more prepaid accounts, while on the others has an acceptable balance, the User agrees that HAC settles unacceptable balance of prepaid account with the other user`s prepaid accounts. If all the conditions for such a conduct are fulfilled, HAC will finish the transaction by the 5th of the month for the previous month.

4.9. If HAC has claims against the User arising from unpaid tolls by other means of payment, and the User is on one or more Subscription Accounts in acceptable balance, the User agrees that HAC closes the debt with the assets on the Subscription Account(s).

4.10. HAC guarantees proper operation of each ETC device for a period of two years starting from the selling date of the ETC device to the User, and shall issue a Guarantee Certificate to the User.

4.11. 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.

4.12. The ETC device can be used for toll payment in 30 minutes after making a supplementary payment to the Subscription Account on motorways operated by HAC.

4.13. In case that at the time of expiry of the Seasonal subscription period on the Subscription account exists amount of unused Toll subscription, the stated amount on the 1st of April of the current year turns into a Toll subscription with 21.74% discount by recalculating the unused portion of the Toll subscription in net cash payment divided by index 0.7826 (Toll subscription balance x 0.6652 / 0.7826). The said amount of the converted Toll subscription User agrees to use with the adequate application of the General terms for ETC. During that period which is not seasonal Seasonal subscription period, the device can serve users only for vehicles category for which the device is registered.

4.14. In case that at the time of the start of the Seasonal subscription period on the Subscription account exists amount of unused Toll subscription, the said amount on the day of the 1st of November of current year turns into a Toll subscription with 33.48% discount by recalculating the unused portion of the Toll subscription in net cash payment divided by index 0.6652 (Toll subscription balance x 0.7826 / 0.6652). The said amount User agrees to use under these General terms for ETC.

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 that User doesn`t have an Acceptable Balance of Account, the User agrees that he will be denied electronic toll collection at the Toll Collection Point. ETC device can only be used for a vehicles category for which the device is registered, and in the case of inconsistencies between the vehicle and a vehicles category to which the ETC device is registered, HAC shall act in accordance with articles 3.2., 3.3. and 3.4. hereof.

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 receive the notice in accordance with Article 5.3 of the General Conditions. Following the receipt of the written notice on loss or theft of the ETC device, HAC shall block the use of the lost or stolen device, and shall issue a replacement device to the User, in accordance with Article 2.7. of the ETC General Conditions. 

5.5. The User 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.

5.6. 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».

5.7. In the case of possession of more than one ETC device at the time of using the highway, User is obliged to protect the device or those devices that do not want to be charged for a transaction. When passing through the ETC lane, User is obliged to respect the minimum distance of 10 meters from the vehicle in front. If the user fails to comply with this instructions, received complaints will not be accepted.

5.8. 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 and shall pay the expenses of the issuance of a replacement ETC device in the amount determined by the HAC.

5.9. User`s duty is to browse his/her prepaid account balance and inform HAC about possibly detected irregularities, on the free phone 0800 0422 or e-mail address: info-naplata@hac.hr.

6. Complaints

6.1. The deadline for submitting a complaint for charges on the ETC device is 6 months from the date of the transaction. Complaints outside the specified period will not be processed.

6.2. Complaints on the paid toll shall be submitted on the free phone number 0800 0422 and e-mail address: info-naplata@hac.hr.

7. Jurisdiction

7.1. In the event of a dispute, it shall be settled by the appropriate competent court in Zagreb.

8. Final provisions

8.1. It is considered that the User agrees with the amendments to these General Terms if, by the date of their enforcement, does not inform the HAC that they are not acceptable. The notification of the rejection of amendments to the General Terms and Conditions shall mean that the ETC contract is canceled by the User.

8.2. On the date that this General Terms become effective, former General Terms and Conditions of HAC electronic toll collection shall cease to apply.

8.3. These Terms and Conditions are posted on the bulletin boards of HAC`s toll stations, on the website by HAC and are available to customers in HAC`s selling points. Any amendment or modification of the General Conditions will be published in an identical way.

8.4. These Terms and Conditions shall become effective as of 25 of March 2013.