General Terms and Conditions of Use for the "My vintrica" customer account

§ 1 Provider, scope of application and subject matter of the contract

1.1 Provider information

The provider of the "My vintrica" service is barely digital GmbH & Co. KG, Konrad-Adenauer-Straße 8, 86836 Klosterlechfeld, Germany (hereinafter referred to as "vintrica" or "we"). Contact details: Email: service@vintrica.com Telephone: +49 8232 / 76 899 76-40 Fax: +49 8232 / 76 899 76-99

1.2 Subject matter and scope

These Terms of Use govern the free use of the central customer account "My vintrica" on the website www.vintrica.com and in the vintrica Mobility App (hereinafter collectively referred to as the "Platform"). The customer account enables, in particular, authentication (login), the management of personal, vehicle and payment data, the retrieval of documents and evidence, and the use of a wide range of mobility and travel services. This includes, but is not limited to, e-vignettes, toll services and other related services.

1.3 Distinction from separate services

The "My vintrica" customer account provides the basic identity, administration and billing framework for the use of vintrica's services. It must be clearly distinguished from the actual mobility and travel services, such as the purchase of digital vignettes or the processing of toll transactions. These individual services are initiated separately and may be billed separately. Supplementary product- or operator-specific regulations may therefore apply to these specific services. Unless otherwise specified in these supplementary regulations, these Terms of Use shall take precedence.

1.4 Target audience

The "My vintrica" customer account is intended exclusively for natural persons of legal age. Minors are not permitted to register. Entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) may also use the customer account; however, no special B2B rules are agreed, i.e. these Terms of Use apply equally to consumers and entrepreneurs, unless mandatory legal provisions for consumers provide for deviating regulations.

Section 2 Registration, customer account and security

2.1 Requirements for account registration and data updates

Use of the "My vintrica" customer account requires prior registration by the user. As part of this registration, the user is obliged to provide complete and accurate information about themselves. This includes, in particular, their name, address, contact details, relevant vehicle data and payment methods. The user is also obliged to update any changes to this information (in particular their name, address, contact information, information on registered vehicles and stored payment methods) in their customer account without delay.

2.2 Duty of care regarding access data and obligation to report misuse

The user is obliged to keep their access data (user name and password) secret and to carefully protect it against unauthorised access by third parties. If misuse of the access data is suspected or unauthorised access to the customer account is noticed, vintrica must be informed immediately. In addition, the user is obliged to change their password immediately in such a case. Actions taken using the user's access data are deemed to have been initiated by the user, insofar as the user is responsible for the misuse or unauthorised access.

2.3 Rights of vintrica to refuse, block or terminate

Vintrica is entitled to refuse registrations, temporarily block customer accounts or terminate them without notice for objective reasons. An objective reason exists in particular in the event of:

• Security risks for the customer account or the platform.
• Misuse of the customer account or services by the user.
• Repeated or serious violations of these Terms of Use or applicable law by the user.

§ 3 Scope of services of the My-vintrica account

3.1 Central login

The "My vintrica" customer account serves as a centralised and uniform digital identity for all vintrica's own services as well as for connected services from partners. This gives the user simplified access to various mobility and travel services without having to authenticate separately for each individual service.

3.2 Data management

Within the customer account, users have the option of storing and independently managing their personal data, billing and delivery addresses, vehicle data (e.g. registration number, vehicle class, drive type) and various payment methods. With regard to the storage of card data, this data – insofar as it is used technically – is not stored in plain text at vintrica. Instead, it is processed by certified payment services in tokenised form in order to ensure a high level of data security.

3.3 Documents & evidence

All relevant receipts, confirmations, statements and usage-related information are made available to the user electronically in their customer account.

3.4 Communication

Legally significant communications from vintrica to the user may be sent electronically, in particular via the in-app functions of the vintrica Mobility App or by email to the email address stored in the customer account. The user is responsible for ensuring that the email address stored is up to date and ready to receive emails.

3.5 Costs

Use of the "My vintrica" customer account is generally free of charge. Users will only incur costs for services used separately (such as the purchase of vignettes or the use of toll services), the costs of which are clearly stated before use and confirmed separately by the user.

§ 4 Expansion of the service offering, automatic activation and data transmission

4.1 Right to continuously expand the range of services

Vintrica is entitled to expand the range of services offered by "My vintrica" at any time to include new functions, services, partners, operators, infrastructures, regions and partner offers. This includes offers from affiliated or external partners, including those outside the EU/EEA. Prior separate notification or consent from the user is not required for such extensions, provided that the extensions are thematically related. Thematically related services include, in particular, services in the areas of vignettes, tolls, mobility, travel, transport and infrastructure-related services, as well as functionally related additional, billing and administrative services (hereinafter referred to as "thematic area").

4.2 Automatic storage and activation

New functions and services that fall within the thematic area defined in § 4.1 are automatically stored and activated for the user in their customer account. This enables seamless use of these extensions without the user having to manually re-enter data or activate them again.

4.3 Data transfer without separate consent

In order to enable and implement the newly added and related functions mentioned in § 4.2, vintrica is entitled to transfer the user's personal data already stored in the customer account (in particular vehicle, usage and payment data) to newly connected partners with the same subject area. This transfer takes place without separate information or explicit consent from the user, insofar as this is necessary to fulfil the contract with the user. The legal basis for this data processing and transfer is Art. 6 (1) lit. b of the General Data Protection Regulation (GDPR) (contract fulfilment). For transfers to third countries (countries outside the EU/EEA), the provisions of the GDPR also apply, in particular the need for appropriate safeguards such as adequacy decisions or standard contractual clauses (SCCs) in accordance with Art. 46 GDPR. Separate consent from the user is not required for this, provided that the transfer is based on these safeguards and the legal basis of contract performance.

4.4 Principle of automatic activation and data storage

The automatic activation of new functions and the associated data storage are an essential part of the service principle of "My vintrica", which is based on the seamless and user-friendly integration of mobility services. Vintrica may provide information about significant enhancements in an appropriate form, but is not obliged to provide individual notification or obtain separate consent for such enhancements, provided that they are made within the scope of the contractually agreed service provision and the legal basis specified in § 4.3.

Section 5 "vintrica Toll Stream" function (automatic toll payment)

5.1 Service content

"vintrica Toll Stream" is a service within the My Vintrica account that enables the automatic recording and payment of tolls and infrastructure charges on participating toll roads and other infrastructure. If a vehicle registered in the customer account travels on a participating route or uses a participating transport infrastructure, the fees incurred (e.g. tolls) are recorded without manual intervention by the user and billed via the customer's primary payment method stored in the customer account.

5.2 Automatic participation and termination

"vintrica Toll Stream" is an integral and inseparable part of the "My vintrica" customer account. All My vintrica customers automatically participate in this service. No separate registration, activation or consent is required for "vintrica Toll Stream". It is possible to deactivate the "vintrica Toll Stream" service individually for individual participating partners, motorway operators and routes. If a user does not wish to use the "vintrica Toll Stream" service at all, they must terminate their "My vintrica" customer account entirely.

5.3 Partners, operators and data exchange

To provide the "vintrica Toll Stream" service, vintrica cooperates with external toll operators and other partners. Vintrica is entitled to transfer all data required for identification, recording and billing (in particular licence plate number, vehicle class, time, location and section of use, billing-related metadata and payment tokens) to these external toll operators and partners. In return, vintrica is entitled to receive billing-relevant usage data from them. The processing and transfer of this data is carried out for the specific purpose of implementing the "vintrica Toll Stream" function on the basis of Art. 6 (1) lit. b GDPR (contract performance). For transfers to third countries, the safeguards required by the GDPR, in particular standard contractual clauses (SCCs) in accordance with Art. 46 GDPR, are used. The additional technical and organisational measures (TOMs) required under the Schrems II ruling and a Data Transfer Impact Assessment (TIA) are also taken into account and documented in order to ensure an adequate level of data protection. No separate information or consent is required for this, provided that these measures and the legal basis for the performance of the contract are in place.

5.4 Automatic extension of the scope

Vintrica is entitled to extend the "vintrica Toll Stream" service to additional toll roads, transport infrastructures, operators, regions and partners at any time. These extensions shall take effect without the separate consent of the user, provided that they correspond to the subject area defined in § 4.1 and are necessary for the fulfilment of the contractual purpose of "vintrica Toll Stream". These terms and conditions apply accordingly to such extensions.

5.5 Settlement of toll amounts

Vintrica is authorised to automatically collect the toll amounts incurred via the user's primary payment method stored in the customer account. The user is responsible for ensuring that the payment method stored is valid and has sufficient funds. Chargebacks, fees and additional expenses incurred as a result of failed collections shall be borne by the user, insofar as they are responsible for these. Receipts and billing overviews of toll transactions are provided to the user electronically in the customer account.

5.6 User obligations in connection with "vintrica Toll Stream"

The user is obliged to ensure that the vehicle data stored in the customer account, in particular the registration number, is correct and up to date. They must also observe the applicable traffic and toll regulations of the infrastructures used. If, in exceptional cases, for reasons beyond vintrica's control (e.g. technical disruptions at the toll operator, incorrect third-party recording by toll systems), the user remains obliged to pay the toll charges and infrastructure charges directly to the respective operator if requested to do so.

5.7 Responsibilities and liability in the context of toll processing

Toll sovereignty, i.e. the authority to collect and calculate toll charges, lies exclusively with the respective toll operator. Vintrica processes the data received from the operator in accordance with the regulations. Vintrica is not liable for the accuracy of the toll operator's billing. The user must immediately notify Vintrica of any complaints regarding the amount or accuracy of the toll charges; Vintrica will forward these complaints to the responsible toll operator.

§ 6 Payment processing and invoicing

6.1 Deposit and use of payment methods

The user can deposit various means of payment (e.g. credit card, e-wallets) in their customer account. Vintrica is entitled to carry out pre-authorisations on the deposited means of payment if technically necessary. Furthermore, vintrica is authorised to make automatic debits as soon as services are used or amounts are incurred within the scope of the "vintrica Toll Stream" service.

6.2 Provision of invoices and receipts, right of retention and offsetting

Invoices and receipts for services used are provided to the user electronically in their customer account or by email. The user only has a right of retention for counterclaims arising from the same contractual relationship. The user may only offset claims against vintrica with undisputed or legally established claims.

§ 7 Partner roles and contractual relationships

7.1 Description of the various roles of vintrica

Depending on the type of service used, vintrica either provides services itself, acts as a technical service provider or intermediary on behalf of the user, or operates on a own-account model. In the case of brokered services, the contract for services in kind, e.g. for the purchase of a vignette or the use of a toll road, is usually concluded directly between the user and the respective partner or operator. In such cases, additional terms and conditions of the partner or operator may apply, which will be pointed out to the user before the service is used.

7.2 Changes and additions to the partner network

Individual partners are not named in these Terms of Use. The vintrica partner network may be changed or expanded at any time without the need to amend these Terms of Use.

§ 8 Availability, maintenance and further development

8.1 Scope of availability and interruptions

Vintrica provides the platform services within the scope of its technical and operational capabilities. Uninterrupted availability of the platform cannot be guaranteed. In particular, maintenance work, updates, security measures or unforeseen technical disruptions may lead to temporary interruptions or restrictions in availability. Vintrica will endeavour to keep such interruptions as short as possible and, where possible, to communicate them in advance.

8.2 Ongoing development

Vintrica is continuously developing the "My vintrica" customer account and the associated services. In the course of this further development, functions may be added, changed or – for good reason – discontinued. The provisions of § 4 of these Terms of Use regarding the expansion of the offering remain unaffected by this provision and take precedence insofar as they contain more specific provisions on automatic activation and data transmission.

Section 9 User obligations

9.1 Lawful use and refraining from misuse

The user is obliged to use the platform and the services offered exclusively in a legally compliant manner. They must refrain from any misuse, in particular they must not circumvent technical protection measures, disrupt or overload the platform, or post content that violates applicable law, morality or the rights of third parties.

9.2 Authorisation for vehicles

The user must ensure that they are authorised to register and use the vehicles stored in the customer account. This includes authorisation as the owner, driver or through a corresponding power of attorney.

9.3 Data accuracy

The user is obliged to ensure that the data stored in their customer account is up to date and correct at all times. The user shall bear any disadvantages resulting from outdated or incorrect information, insofar as they are responsible for this.

§ 10 Liability of vintrica

10.1 Scope of unlimited liability

Vintrica shall be liable without limitation for damages resulting from intent or gross negligence. Liability for damages resulting from injury to life, limb or health and in accordance with the provisions of the Product Liability Act shall also be unlimited. Unlimited liability shall also apply insofar as vintrica has assumed a guarantee.

10.2 Limitation of liability for simple negligence

In the event of a simple negligent breach of essential contractual obligations (cardinal obligations), Vintrica's liability shall be limited to the foreseeable damage typical for this type of contract. Essential contractual obligations are those whose fulfilment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely. Otherwise, vintrica's liability for damage caused by simple negligence is excluded.

10.3 Exclusions of liability for external disruptions and third-party services

Vintrica shall not be liable for disruptions beyond its control. This includes, in particular, failures of network and telecommunications services, disruptions at toll operators or payment service providers. Furthermore, vintrica shall not be liable for the content or results of external services provided by partners or operators, provided that vintrica has processed the operator data correctly and the disruption is not due to its own culpable breach of duty.

10.4 Principle of legal burden of proof

The above liability provisions do not imply any change in the legal burden of proof.

§ 11 Data protection

11.1 Principles of personal data processing and legal basis

Vintrica processes the user's personal data for the provision and operation of the "My vintrica" customer account and the associated services, including the "vintrica Toll Stream" service. The primary legal basis for this is Art. 6 (1) (b) GDPR (performance of a contract). Where relevant, processing is also carried out on the basis of Art. 6 (1) (c) GDPR (compliance with legal obligations, e.g. tax retention obligations) and Art. 6 (1) (f) GDPR (protection of legitimate interests of vintrica or third parties, e.g. to ensure the IT security of the platform, for fraud prevention and for error analysis). For voluntary communication or marketing purposes, separate consent may be obtained from the user, which can be revoked at any time.

11.2 Data transfer to partners and operators, in particular in the case of third-country transfers

Personal data is transferred to partners and operators as necessary for the performance of contracts within the scope of the services described in these Terms of Use (in particular "vintrica Toll Stream"). For transfers to third countries (countries outside the EU/EEA), the safeguards required by the GDPR are applied. This includes, in particular, adequacy decisions by the European Commission or standard contractual clauses (SCCs) in accordance with Art. 46 GDPR. In addition, where necessary, additional technical and organisational measures (TOMs) are implemented and a Data Transfer Impact Assessment (TIA) is carried out to ensure an adequate level of data protection and to meet the requirements of the Schrems II ruling.

11.3 Reference to the detailed privacy policy

Detailed information on the processing of personal data by vintrica, including the categories of data processed, the recipients of the data, the storage periods, the rights of data subjects (access, rectification, erasure, restriction of processing, data portability, objection) and, where applicable, the contact details of the data protection officer, is available in the separate "My vintrica" privacy policy on the platform. This privacy policy is an integral part of the information obligations under Articles 13 and 14 of the GDPR.

§ 12 Term, termination and data deletion

12.1 Contract term

The contract for the use of the "My vintrica" customer account is concluded for an indefinite period from the time of successful registration of the user.

12.2 Termination rights

The user is entitled to terminate the contract for the use of the customer account at any time in writing (e.g. by email) or via a corresponding function in the customer account. Vintrica may terminate the contract with 30 days' notice to the end of the month. The right to extraordinary termination for good cause remains unaffected for both parties. Good cause for Vintrica exists in particular in the cases specified in § 2.3.

12.3 Data deletion after the end of the contract

Upon termination of the contract, the user's customer account will be deactivated. The personal data stored in the account will be deleted or anonymised in accordance with the provisions of the GDPR and in compliance with statutory retention obligations (e.g. commercial and tax law obligations). Individual contracts or transactions that have already been triggered (e.g. toll transactions or vignette purchases) remain unaffected by the termination of the customer account contract and will be processed and archived in accordance with their own contractual or legal provisions.

§ 13 Amendments to these Terms of Use

13.1 Prerequisites for amendments and additions

Vintrica is entitled to amend or supplement these General Terms of Use at any time, provided there are valid reasons for doing so. Such reasons may include, in particular, changes in the legal situation or case law, the need to ensure the security of the platform, technical developments, the introduction of new products and services or the adaptation of existing ones, or other comparable circumstances that are significant for the contractual relationship. When exercising this right to make changes, Vintrica will always take the legitimate interests of the user into account.

13.2 Procedure for changes, right of objection and its consequences

Vintrica shall inform the user in advance in writing (e.g. by email or in-app message) of any changes or additions to these Terms of Use. The information shall clearly highlight the changes and the date on which they come into effect. The user has the right to object to the changes within a period of 30 days after receipt of the notification of change. Vintrica will refer separately to this right of objection and the legal consequences of failure to object in the notification of change. If the user does not object to the changes within the specified period and continues to use the platform after the expiry of the period, the changes shall be deemed to have been approved. In the event of a timely objection by the user, vintrica shall be entitled to terminate the contract with the user with due notice at the time the changes come into effect, provided that continuation of the contract under the previous terms and conditions is unreasonable for vintrica. Extensions to the offer in accordance with § 4 of these Terms of Use do not require the separate consent of the user, as they are considered a further development of the existing service promise, provided that they meet the criteria specified therein.

Section 14 Rights to content and use of the platform

14.1 Property rights to software and content

The software, content, designs and all other elements provided on the platform are protected by copyright and/or other property rights. The user receives a simple, non-transferable, non-sublicensable and revocable right to use the platform and the services offered on it in accordance with these Terms of Use. Any reverse engineering, circumvention of technical protection mechanisms, or commercial reuse of the content or the platform is prohibited, unless expressly permitted by law.

14.2 Rights of use to content and data provided by the user

Content and data provided by the user may be processed by vintrica for the purpose of fulfilling the contract, operating and ensuring the security of the platform and, to the extent permitted by law, for error analysis and improvement of the services.

§ 15 Consumer information and online dispute resolution

15.1 Reference to the online dispute resolution platform

The European Commission provides a platform for online dispute resolution (ODR), which is available at ec.europa.eu/consumers/odr.

15.2 Declaration on participation in dispute resolution proceedings

Vintrica is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

§ 16 Applicable law, place of jurisdiction and contract language

16.1 Applicable law

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory consumer protection regulations of the country of residence remain unaffected for consumers with their habitual residence in the European Union.

16.2 Place of jurisdiction

The place of jurisdiction for merchants, legal entities under public law and special funds under public law is the registered office of vintrica. In all other respects, the statutory places of jurisdiction shall apply.

16.3 Contract language

The contract language is German. Versions of these Terms of Use in other languages are for comprehension purposes only and are not legally binding; in the event of discrepancies or ambiguities, the German version shall always prevail.

§ 17 Final provisions

17.1 Text form clause

Amendments and additions to these Terms of Use must be made in writing to be effective. This also applies to the waiver of this written form requirement.

17.2 Severability clause

Should individual provisions of these Terms of Use be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provision shall be replaced by the statutory provision that comes closest to the economic purpose of the invalid or unenforceable provision. This shall apply mutatis mutandis in the event of a loophole.