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Conditions for AutoBizz agreements

Conditions for AutoBizz agreements

These conditions for AutoBizz agreements (”Conditions”) apply between, on the one hand, HH Ferries Helsingborg AB, Reg. No. 556206-4575 and HH Ferries Helsingør ApS, Reg. No 3326 0040 (hereinafter jointly referred to as ”Scandlines HH”) and, on the other hand, their customers (the “Customer”) regarding  AutoBizz, entitling the Customer to certain benefits and discounts when using a Transponder (as defined below) when travelling on Scandlines HH’s ferry line between Helsingborg and Helsingør (“AutoBizz Ageement”). 

Scandlines HH and the Customer are below jointly referred to as the “Parties” and, individually, as a “Party”.

1 Definitions

In these Conditions, below definitions shall have the following meaning: 
AutoBizz” means Scandlines HH’s different levels of customer benefits, such as AutoBizz Smart, offered to Customers and described in detail in section 2.1;

AutoBizz Agreement” refers to the agreement, including these Conditions, that applies between Scandlines HH and the Customer relating to AutoBizz;

AutoBizz OBE” refers to the kind of Transponder that previously has been provided by Scandlines HH and now is being provided by BroBizz A/S;

BroBizz A/S” refers to BroBizz A/S, CVR-nr. 31854822;

BroBizz® OBE” refers to the kind of Transponder that is provided by BroBizz A/S;

EasyGo” refers to the partnership entered into between parties that provide Transponders, that enables different types of Transponders to be used on such bridges, ferry services and other crossings set forth on www.easygo.com;

General terms and conditions” refer to the terms and conditions applied by Scandlines HH on the Helsingør/Helsingborg routes, available on the Website. 

Passage” refers to a crossing with Scandlines HH’s ferry service between Helsingborg and Helsingør;

Toll Station” refers to the area at the terminals in Helsingborg and Helsingör, respectively, which registers a Passage by registration of the Customer’s Transponder.

Transponder” refers to an AutoBizz OBE, a BroBizz® OBE or an ØresundBizz OBE that is covered by EasyGo;

Website” refers to www.scandlines.se;

ØresundBizz OBE” refers to the kind of Transponder that is provided by Øresundsbro Konsortiet;

2 Background

2.1 AutoBizz is the name of Scandlines HH’s different levels of benefits, offered to Scandlines HH’s Customers on Passages with the ferry service between Helsingborg and Helsingör. The different levels of advantage are AutoBizz Smart, AutoBizz Standard, and AutoBizz Exclusive. To enter into an AutoBizz Agreement and for a more detailed explanation of the various levels of customer benefits and special offers and discounts, reference is made to the Website.

2.2 In order for the Customer to be entitled to the customer benefits and reduced fare prices with AutoBizz, the Customer is obliged to have an AutoBizz OBE or any other type of Transponder. The Customer must also enter into an agreement of use of such Transponder with BroBizz A/S. The Customer may obtain a Transponder by ordering it from BroBizz A/S or connect a Transponder already obtained to AutoBizz by accepting this when entering into the AutoBizz Agreement.

2.3 The Customer is responsible for using the Transponder in compliance with the agreement between the Customer and the party providing the Customer’s Transponder.

2.4 The Price for each Passage is determined by Scandlines HH and is displayed on the price list, as amended, available on the terminals and on the Website. Further, Scandlines HH reserves the right to make price adjustments at any time. 

3 Use of Transponder at Passage 

3.1 A Customer entitled to use a Transponder is entitled to pass the terminal in the lanes reserved for AutoBizz. These are marked with signs. At the Toll Station, the Customer’s Transponder is read by Scandlines HH who thereafter notifies BroBizz A/S that the Customer has made a Passage. 

3.2 Payment obligation is incurred when the vehicle pass through the Toll Station.

3.3 The Customer is responsible for mounting the Transponder in the Customer’s vehicle in accordance with the instructions received by the Customer upon the receipt of the Transponder or in accordance with instructions provided thereafter. If a Transponder is incorrectly mounted in the vehicle, the Customer may not use the lanes reserved for AutoBizz. In such cases, the Customer is referred to lanes with personal service.  

3.4 In order to avoid that the Toll Station registers multiple Passages simultaneously, it is recommended that the Customer does not carry more than one Transponder when passing through the Payment Facility. 

3.5 Using a Transponder usually entails faster passage through the terminal area. However, due to extreme weather conditions, traffic conditions or other unforeseen events in connection with the crossings, Passages may be delayed or restrained.

3.6 For other matters, the Customer is referred to Scandlines HH’s General Terms and Conditions available on the Website. 

4 Managing of payments

Charges or invoicing for Passages made by the Customer in accordance with these Conditions are carried out by BroBizz A/S pursuant to the agreement that applies between the Customer and BroBizz A/S.

5 Complaints

5.1 Complaints relating to the services provided by Scandlines HH under the AutoBizz Agreement shall be made as soon as possible after having completed the Passage.

5.2 Complaints relating to the Customer’s use of Transponders shall be directed towards BroBizz A/S.

6 Personal Data 

6.1 When entering into the AutoBizz Agreement, the Customer is asked to order a Transponder from BroBizz A/S or to connect a Transponder already obtained by the Customer to AutoBizz by register this with BroBizz A/S. Scandlines HH registers and  is given access to information concerning the Customer registered by BroBizz A/S, including the Customer’s name, address, telephone number, e-mail addresses, the number of the Customer’s Transponder and the registration number of the Customer’s vehicle. 

6.2 By entering into the AutoBizz Agreement, the Customer agrees that Scandlines HH, pursuant to the Personal Data Act (1998:204) collects, registers and uses the Customer’s personal data in order to fulfill its obligations under the AutoBizz Agreement, and to administer the AutoBizz Agreement. The Customer also agrees that Scandlines HH may contact the Customer and that the Customer’s personal data is used for information- and/or marketing purposes.  

6.3 The Customer further agrees that Scandlines HH transfers personal data concerning the Customer to BroBizz A/S to enable for BroBizz A/S to charge the Customer for completed Passage. The Customer is entitled to examine the personal data registered by Scandlines HH relating to the Customer and demand that Scandlines HH corrects or erases incorrect data. Requests of examination and/or correction of information shall be sent to bizz@scandlines.se.

7 Miscellaneous 

7.1 Scandlines HH may, at any time, amend these Conditions by publishing an amended version of the Conditions on the Website. The Customer accepts new Conditions by continuing using a Transponder during Passage.

7.2 The Customer is entitled to, at any time, terminate the AutoBizz Agreement with immediate effect. 

7.3 Scandlines HH may, at any time, terminate the AutoBizz Agreement subject to one month’s prior notice. However  Scandlines HH is entitled to terminate the AutoBizz Agreement with immediate effect upon a material breach of Contract by the Customer . A material break of contract is, for example, that the Customer has provided incorrect or misleading information. 

7.4 Rights and obligations under the AutoBizz Agreement may not be assigned to a third party by the Customer. Scandlines HH is entitled to engage any legal entity in the Scandlines HH Group to fulfill Scandlines obligations towards the Customer under the AutoBizz Agreement. Scandlines HH is also entitled to assign its rights and obligations under the AutoBizz Agreement to any third party. 

7.5 The AutoBizz Agreement is subject to Swedish law.