|
General Conditions for Using Smart
Cards of Autocesta Zagreb-Macelj d.o.o.
1. DEFINITIONS
1.1. "AZM" - shall mean the company
AUTOCESTA ZAGREB-MACELJ d.o.o., Velika Ves bb.,
49 224 Lepajci
1.2. "General Conditions" -
shall mean this General Conditions for the using
of Smart Cards of AZM.
1.3. "AZM-Card" - shall mean
a card issued by AZM to the User which represents
an electronic medium for payment of the Toll.
AZM-Cards are working on the base of Smart-Card-technology
which means that the electronically stored information
on the cards are read by readers that do not require
inserting the card into the reading device but
the information is acquired by magnetic scan when
holding the card close to the reading device.
The AZM-Card is a electronic deed holding a special
amount of money that is prepaid by the user on
issuance of the AZM-Card. The Card and the amount
of money stored can only be used for paying the
toll fare on the Motorway Zagreb-Macelj. No other
goods or services can be acquired or paid using
the AZM-Card. The AZM-Card is not for use on any
other Motorway situated in the Republic of Croatia
or elsewhere. The AZM-Card is not granting any
kind of credit to the user. The card is only accepted
as means of payment up to the amount a value is
booked on by AZM or its Operator.
1.4. "Toll Collection Point"
- shall mean a toll plaza for the use of a motorway
and/or a tolled engineering structure for which
payment with the AZM-Card is approved.
1.5. "User" - shall mean a person
of age or a legal person who holds a valid AZM-Card
holding a special amount to pay passages done
on Motorway Zagreb-Macelj. User shall also mean
any bearer of the AZM-Card paying the toll fare
on the Motorway Zagreb-Macelj with an AZM-Card.
1.6. "Electronic Toll Collection
System" - shall mean a system by which AZM
sells, organizes on the central server for the
payment of the Toll which communicates with all
toll plazas at which the Toll is paid by a AZM-Card.
All payments and the amounts spent with respect
to the section of the motorway used referring
to the used card are recorded on the central server.
AZM is not maintaining a personal account for
the user in the electronic Toll Collection System.
The amount valid for payments of tolls on the
Motorway AZM is only booked on AZM-Card. AZM will
maintain no records on respective amounts.
1.7. "Toll" - small mean the
amount established by a valid decision of AZM
on the amount of the Toll for the use of the Motorway
Autocesta Zagreb-Macelj and tolled structures
in accordance with the valid price list. The Toll
includes the value added tax. The valid toll list
shall be integral part of this General Conditions.
1.8 "Toll Subscription" - shall
mean the Toll paid in advance booked on the AZM-Card
on the occasion of the issuance of the Card as
well as any additional amount booked on the Card
on replenishing it.
1.9 "Motorway" means Autocesta
Zagreb-Macelj defined by their entry and exit
points Toll Stations Zapre¹iæ, Mokrice, Sveti-Kri¾
Zaèretje, and Krapina. The Motorway is to be extended
by entry and exit points on Toll Stations Ðurmanec
and Trako¹èan in the future.
1.10. "Operator" means EGIS ROAD OPERATION CROATIA d.o.o., Zagreb, Martiæeva 47, the entity that
is issuing and organizing on behalf of AZM the
use of the AZM-Card.
2. ISSUING OF THE CARD
2.1. A User of the card can become any
legal person, a tradesman or a physical person
who requests the issuance of a AZM-Card, or the
replenishing of such card, on a official point
of sales of AZM or the Operator, against pre-payment
of the Tolls for the use of the Motorway or any
other person bearing such card and using it for
paying Tolls on the Motorway.
2.2. AZM shall decide on the issuance
of the card and shall have the right to reject
the selling or replenishing of a AZM-Card on occurrence
of significant reasons, for instance, but not
limited to mentioned cases: in cases of former
misuse by the User or in cases AZM plans to implement
new toll products that shall replace the AZM-Card
with existing configuration.
2.3. With the purchase of a AZM-Card and
with replenishing it, the User accepts the rights
and obligations from the General Conditions. He
has to make sure to inform other bearers of the
General Conditions when and on transferring AZM-Card
for use by other bearers.
2.4. It shall be deemed that not earlier
than on the sale of a AZM-Card by AZM or its Operator
to the User an agreement on the use of the AZM-Card
has been concluded and that from that a contractual
relationship between AZM and the User has been
established. A contractual relation containing
the rights and obligations of these General Conditions
shall be executed on each start of use of each
User of AZM-Card when entering the Motorway based
on the use of an AZM-Card.
3. GENERAL RESPONSIBILITY
OF THE USER AND AZM
3.1. The User shall be responsible for
expenses made with the AZM-Card with his entire
property.
3.2. The User of the AZM-Card (as defined
in Article 1.5.) shall be responsible to AZM if
acts contrary to the General Conditions, and undertakes
to compensate AZM for all expenses incurred to
it in such a manner.
3.3. In case of interruption of the operation
of the Electronic Toll Collection System, AZM
shall repair the system within the shortest possible
period of time. AZM shall not be responsible for
any damage the User might suffer due to the inability
to use the AZM-Card in case of interruption of
the operation of the Electronic Toll Collection.
3.4. AZM guarantees to the User discretion
and secrecy of all data related to the payment
and the spent amount in the Electronic Toll Collection
System in accordance with the professional ethics
code in business relationships.
4. USE OF THE CARD AND
THE SUBSCRIPTION
4.1. The AZM-Card shall be issued for
an indefinite period of time.
4.2. AZM shall have the right to limit
temporarily or to take the AZM- Card on occurrence
of significant reasons, for instance, but not
limited to mentioned cases: in cases of former
misuse by the User or in cases AZM plans to implement
new toll products that shall replace the AZM card
with existing configuration.
4.3. AZM will not reimburse to the User
subscriptions still stored on the AZM-Card. It
is up to the User to empty the subscribed amounts
by use of the Motorway in own responsibility.
If the User does not wish to replenish the card
but the rest amount is insufficient to cover the
Toll for a use of Motorway use, the User is entitled
to pay the Toll -only in manual payment lanes-
by partly using the AZM-Card and partly by different
means of payment. In this case no discount can
be given on the Toll for the later mentioned means
of payment. In cases AZM plans to abolish the
AZM-Card and generally ceases to issue and accept
this kind of card and a AZM-Card is not emptied
and holds a value for passages of more than 0
HRK the User may hand it back to AZM or to the
Operator on the point of sales. In this case,
AZM shall return to the User the amount of the
unused subscription deducted by discounts as granted
for the relevant card. AZM is entitled to give
any return to the User of the AZM-Card presenting
the AZM-Card for hand-back to AZM or the Operator.
In returning the relevant amount to the User-
deducted by the discount as mentioned hereinabove-
AZM is fulfilling its duties against any User
of AZM-Card. AZM is only obliged to repay amounts
from the AZM-Card according to above-mentioned
rules when and if the AZM-Card is physically returned
to AZM or the Operator. Remark: The AZM-Card is
like cash money. In case of loss or theft there
is no reimbursement of unused amounts done. AZM
does not operate a personal user account for any
AZM-Card or any Client. Same rules apply in cases
when the AZM-Card is physically damaged so that
the Electronic Toll Collection System and its
devices and equipment cannot read amounts potentially
still stored on the AZM-Card. The risk of losing
potential rest amounts in such cases goes to the
User unless the damage is caused by heavy negligence
or wilful acting of AZM or its Operator.
4.4. On the occasion of acquiring the
AZM-Card the User has to pay a deposit established
by AZM on each acquired AZM-Card which shall cover
the AZM issuance cost. The AZM-Card stays in the
property of AZM. On hand-back of the AZM-card
in a physically undamaged condition only subject
to deterioration by normal wear and tear AZM will
reimburse the paid deposit. In returning the relevant
deposit to the User that presents the AZM-Card
for return AZM is fulfilling its duties against
any User of the AZM-Card. In case of loss of an
AZM-Card the deposit stays with AZM to cover AZM
expenses
4.5. The AZM-Card can be used as an electronic
medium for the payment of the Toll on the Motorway
as defined hereinabove according to the prices
as established by AZM that may be adjusted from
time to time. The card can be used if the amounts
held on the cards are equalling or exceeding the
price of the actual passage done. Except in the
case specifically described in Article 4.3.above,
AZM is not obliged to accept partly payment of
one and the same passage by the AZM-Card and partly
by other means of payment. AZM is entitled to
reject the AZM-Card payment in this case and to
ask for immediate payment by different means.
4.6. AZM shall establish the minimum amount
of the Toll Subscription for the AZM-Card. The
amount of the minimum amount is changeable and
can be subsequently reduced or increased. A subscription
minimum shall be established for first load of
the AZM-Card as well as for each case of further
replenishing. The minimum load or replenishing
amount can be upgraded by the user on purchase
or replenishing by steps of HRK 50,--, for instance
HRK 200,--, HRK 250,-- HRK 300,-- and so on.
4.7. Several AZM-Cards can be issued for
one user. The established rules apply to each
AZM-Card separately.
4.8 At the moment of the purchase of the
AZM-Card or the additional payment on replenishing
of the AZM-Card, AZM shall issue an invoice to
the User with the stated price of the Toll value
to be booked on the AZM card in the following
way: the amount of the Toll, the amount of the
discount - if any-, the amount with the calculated
discount, increased by the deposit -if any- from
which VAT are expressed with a re-calculated rate.
On the occasion of the use of the AZM- Card at
the Toll Collection Point, the price of the service
with respect to the section of the use of the
Motorway shall be calculated to the User and a
receipt shall be issued from the Electronic Toll
Collection System. The price of the service shall
be expressed on the receipt without a discount.
The obligation of the User of the AZM-Card is
to check all receipts obtained from the Tolling
System at the Payment Point. The User of the AZM-Card
shall resolve any irregularities observed on the
receipt from the Electronic Toll Collection System
directly at the Toll Collection Points. If the
User leaves the Toll Collection Point without
filing a claim, it shall be considered that the
User shall have no right to file objections on
the receipt issued from the Electronic Toll Collection
System in place.
4.9. AZM will not make summaries or statements
about values booked on the AZM-Card, passages
done and paid with the AZM-Card or on rest values
booked on the AZM-Card for any period of time.
4.10. AZM is authorised to install on
Toll Collection Points adequate technical devices
(including, but not limited to video recording
equipment) as to procure proper use of the AZM-Card.
5. RESPONSIBILITY OF
THE USER
5.1. The AZM-Card is the property of AZM
and may be used only with its consent. The User
shall be responsible for any unauthorized or illegal
use of the AZM-Card. At the request of the personnel
of the Toll Collection Point that can be done
in cases of misuse, potential misuse or malfunctions
of the AZM-Card in the Electronic Toll Collecting
System, the User of the AZM-Card shall present
his personal identification card or a passport
to the staff of AZM or its Operator for inspection.
5.2. In the event of a loss or theft of
the AZM-Card, the User shall inform AZM in the
swiftest manner (by telegram, e-mail, facsimile
etc.).
5.3. The User shall be responsible for
any mechanical damage to the AZM-Card due to which
the card cannot be used in the Electronic Toll
Collection System, as well as for the loss or
theft of the AZM-Card.
5.4. Following the receipt of the written
notice on the loss or theft of the AZM-Card, AZM
shall block the use of the lost card. AZM may
fix a fee for that to be paid by a User requesting
so.
6. FINAL PROVISIONS
6.1. For the protection of its business
or for other justifiable reasons, AZM may amend
or modify the General Conditions. Such amendments
or modifications will be published in Official
Gazette and put up on the point of sales on Toll
Collection Point Zapre¹iæ. The General conditions
holding these modifications or amendments shall
be binding for the Users and AZM from the day
of the issuance of the above mentioned medium.
7. GOVERNING LAW
7.1. Any disputes shall be settled by
a competent court in Zagreb.
|
