FAQ

How can I add to or edit my entered data after submitting the questionnaire?

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After submitting the questionnaire, a pop-up appears indicating that this specific questionnaire can no longer be changed. The questionnaire goes into the system and the claim letter is created automatically.

You will then receive an e-mail with the claim letter. Using the link in the e-mail, you can open the data mask again and make corrections in the questionnaire. After saving and submitting the questionnaire, you will receive another e-mail with the claim letter, but only if you have made a decisive data change in the questionnaire. You can then still make changes until 12/14/2020 at 23:59.

In case of irrelevant data field changes, the claimletter is final and you will not receive a new version.

1. Toll Collect Toll Charges 2017 and 2018 - Toll Collect cannot supply toll statements

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We refer to the numerous statements by Toll Collect, according to which Toll Collect will only be able to provide toll statements for the years 2017 and 2018 from 12 December 2020.

Update: We have received the following information from Toll Collect about this topic (English convenience translation of German original):

"Toll Collect makes the billing documents for 24 months available for download in the customer portal for all registered customers. Older billing documents can be requested via a contact form at www.toll-collect.de > Contact > Online > Online contact form.

The requested period should be specified and it should be noted that the customer agrees to pay for the costs. Otherwise, Toll Collect would first write to the customer regarding the costs, which would unnecessarily delay the actual delivery/transfer of the documents.

However, due to the very high demand, it may take a few days to process these requests. We make every effort to respond to all requests as quickly as possible."

As this date is after the previous deadline for completing the data entry and uploading the necessary documents and receipts to the eClaim platform, we have adjusted our requirements for participating in the eClaim offer:

- If you know the annual toll payments, e.g. from your accounting department, and you are only missing the supporting documents, please enter the annual payments on the platform immediately and send the entire questionnaire without the missing supporting documents. There will then be a prompt opportunity to submit the missing documents.

- If you are not yet able to name the annual toll payments because you still have to find them in the missing toll statements or accounting documents, the details of the annual toll payments can be entered until midnight on 14 December 2020. This is a general deadline extension applicable to all companies. Confirmation of this extension in individual cases is not required. Please note that this deadline should only be used in exceptional cases, as unforeseen delays (technical problems, interrupted internet access) may occur. It is not possible to extend this period.

- If the annual toll payments cannot be determined even by 14 December 2020, you can indicate on the platform that it was not yet possible to quantify the toll payments due to the short time available. In this case, the letter to assert your claims for reimbursement will be sent to the Federal Office for Goods Transport for each year for which you were unable to provide information on the toll payments, without any indication of toll payment sums. We will then ask you again at the beginning of next year to indicate the annual payments and to send us your receipts.

In this connection, we would like to expressly point out that the indication of the annual toll payments is of particular importance for the chances of success in the enforcement of your claims for reimbursement. Without such information, you will weaken your position towards the Federal Office for Goods Transport.

2. Who can request reimbursement?

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Anyone who has paid truck tolls for German highways and federal roads between 2017 and 2020. The amount of the toll payments made is insignificant. It is however important that you have paid the toll yourself on the basis of a direct contractual relationship with Toll Collect (or an EETS Provider).

If your company is now in insolvency, the insolvency administrator may be entitled to these claims. We cannot offer any legal advice in this regard.

3. I don't know whether I have a contractual relationship with Toll Collect.

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All companies registered with Toll Collect have a contractual relationship with Toll Collect. Registered companies have a user number with Toll Collect which can be obtained from Toll Collect.

Even if you are not registered with Toll Collect, you may still have a contractual relationship with Toll Collect.

In particular, a contractual relationship is established if you have accepted the General Terms and Conditions of Toll Collect for the registered company. This also occurs when a journey is registered manually. Moreover, it is possible that a billing company (SVG, UTA, DKV etc.) has concluded a contract with Toll Collect on your behalf. If in doubt, please contact your billing company.

4. Why do I have to act now?

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Claims for reimbursement from 2017 are at risk of being time-barred at the end of 2020. In this case, they can no longer be enforced. Hence, measures must be taken quickly to suspend the prescription period.

5. Can companies that have only rented trucks bring claims?

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Only those companies that have a direct contractual relationship with Toll Collect (or an EETS Provider) can reclaim tolls. These are the companies that have registered the trucks concerned with Toll Collect (or the EETS Provider) or that have otherwise concluded a contractual relationship with Toll Collect.

Depending on the individual case, this can potentially be both the lessee and the lessor, but not simultaneously for the same toll payment. As a general rule, however, the lessor will be entitled to the claims.

IMPORTANT: It is not sufficient for a company to only have borne the toll costs internally. This does not lead to ownership of the claim. If, for example, you have rented vehicles and the toll was paid directly by the lessor (Charterway, PEMA or similar), but then invoiced to you, this is insufficient, as in this case you have no contractual relationship with Toll Collect.

6. Can companies reclaim toll which they have reimbursed to their carriers?

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No, unfortunately this is not possible through the eClaim offer.

7. How high are my reimbursement claims?

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The exact amount of reimbursement will depend on the routes covered, the EURO standard, the number of axles and the permissible total weight of the respective truck. In all likelihood, toll payers have paid an average overcharge of four to seven percent between 2017 and 2020. These overcharges - possibly even larger amounts - can be reclaimed.

8. Will claims for reimbursement of toll payments which I have previously filed with the (German) Federal Office for Goods Transport (BAG) be considered?

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If you already requested reimbursement of toll payments from the BAG in the past, we may be able to include these claims in the further course of the proceedings. However, we cannot guarantee this, since a successful enforcement through eClaim depends on the specific wording of your previous reimbursement request and the progress of those proceedings. Please finalise the registration process and upload the requested documents in order to be contacted in case of a possible inclusion of prior claims.

ATTENTION: If you have received a corresponding negative decision from the BAG within the last month (and not just a confirmation of receipt from the BAG), you cannot register nor become a contractual partner of eClaims. In this case, please contact a trusted lawyer as soon as possible, since otherwise you might risk losing claims.

9. Who can register with eClaim?

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Any company that has a contractual relationship with Toll Collect or an EETS Provider can register (see FAQ No. 2). Each toll-paying company must be registered individually, group registrations are not possible.

If you already requested reimbursement of toll payments from the BAG in the past and have received a corresponding negative decision from the BAG within the last month, you cannot register nor become a contractual partner of eClaims. In this case, please contact a trusted lawyer as soon as possible, since otherwise you might risk losing claims.

10. Which of my companies do I have to register?

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If your corporate group or group of companies includes several individual companies, please make sure to register each company having its own contractual relationship with Toll Collect or an EETS Provider (see FAQ No. 2) individually (who paid is irrelevant).

11. What costs will I have to pay?

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The enforcement of your claims is free of charge for you! The costs are borne by us.

We only receive a moderate success fee in case of success (see FAQ No. 11). Detailed information on the conditions of the success fee can be found in the financing agreement.

12. What are the conditions of eClaim’s success fee?

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15% if an out-of-court solution can be reached through negotiation;

23% if one or more model proceedings have to be conducted, but an action is not necessary in each individual case, and

33% if, contrary to expectations, legal action has to be taken in each individual case.

Different conditions apply ONLY for members of certain associations:

12.5% instead of 15% if an out-of-court solution can be reached through negotiation;

20% instead of 23% if one or more model proceedings have to be conducted, but an action is not necessary in each individual case, and

30% instead of 33% if an action must be brought in each individual case.

13. May I have to appear in court?

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No. At this stage, we expect an out-of-court settlement. Even if it should become necessary to enforce your claims in court, you will normally not have to appear at a court hearing.

14. What is an EETS Provider in the sense of the registration process?

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The European Electronic Toll Service (EETS) allows its users to access the toll-paid European road network with a single contract and a single on-board unit. This toll service complements the national electronic toll services of the Member States (in Germany: Toll Collect).

Not every company has a contractual relationship with an EETS Provider. If you do not use the services of an EETS Provider, you do not have to make a submission in this regard.

15. Can companies established in a country other than Germany also register?

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Yes. In which country the company is established is irrelevant for the reimbursement claims. What is important is that the company paid tolls in Germany between 1 January 2017 and 31 October 2020.

16. Do I have to be a member of an association to register?

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No, your company does not have to be a member of an association.

17. We are one single company, but we have several user numbers from Toll Collect / an EETS Provider. Which user number do I use for registration?

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In this exceptional case, do register with only one of these user numbers. Use one of the user numbers that you currently and primarily use. In the course of the registration process you will then be asked to provide the other user numbers.

18. I have registered but have not received another e-mail nor a link to the submission page.

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Please check your spam folder first. Only if you have not received a notification to the e-mail address you provided during registration, please contact our customer service (service@eclaim.de).

19. I have registered and received an e-mail with the link to the registration platform. What is the next step?

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Click on the link that leads you to the eClaim registration platform. If the link does not work, please try another internet browser first. In case of technical difficulties, please contact our support (service@eclaim.de).

Before you enter the platform, please enter the e-mail address you used when registering and choose a password that you can remember. It is advisable to take note of the password within your system.

20. Do I already conclude a contract by registering?

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No, the registration is not binding. Once you have registered, you will receive the contractual documents. Only then will you be asked to send us the signed contracts.

21. What data and documents do I have to provide?

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On the one hand, we need the contractual documents (fee agreement, financing agreement and power of attorney).

To be able to enforce your claims, we also need information about the toll payments. As far as possible, please indicate the exact amount of payments for each toll-paid journey in Germany between 1 January 2017 and 31 December 2017 (as well as for 2018, 2019 and for 2020 until 31 October). We need this information because the reimbursement claims arise precisely with each toll-paid journey.

If you are not in a position to indicate the exact amount of payments for each toll-paid journey in Germany between 1 January 2017 and 31 December 2017 (as well as for 2018, 2019 and for 2020 until 31 October), you may indicate the total annual toll payments (i.e. the total of the twelve monthly statements/invoices for each of the years 2017, 2018 and 2019 and of the ten monthly statements/invoices for 2020, respectively, or of your annual toll statements/invoices of the years 2017, 2018, 2019).

Sufficient as proof for payments made between 1 January 2017 and 31 October 2020 are the monthly or annual toll statements of Toll Collect, of an EETS Provider or - only if such statements are not at hand - of any other billing company.

Please provide us with the complete (not just the cover sheets) toll statements from the relevant years for the registered company. (Please note that each toll-paying company must be registered individually, group registrations are not possible.)

If possible, invoice items relating to the period prior to 1 January 2017 or constituting a service charge should not be submitted. You may be able to identify these exact amounts from the (electronic) individual journey receipts provided by Toll Collect

NOTE: We do not require individual journey receipts as a proof for toll payments, the toll statements are sufficient.

22. How do I submit the data and documents?

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1. Download the contractual documents (fee agreement, financing agreement and power of attorney) through the registration mask.

2. Print the fee agreement and the financing agreement once as well as the power of attorney twice.

3. All documents must be signed by the authorised representative(s) with their full signature (no abbreviations, no paraphrases).

4. Upload the completed and signed contractual documents (fee agreement, financing agreement and power of attorney) through the registration mask.

5) Please do additionally send the two powers of attorney signed and in original by post to Hausfeld Rechtsanwälte LLP, Walter-Benjamin-Platz 6, D - 10629 Berlin.

PLEASE NOTE: With the exception of the powers of attorney, please do not send any documents or information by e-mail or post to eClaim or Hausfeld, as in this case processing cannot be guaranteed.

23. What do I have to pay attention to when submitting supporting documents?

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Please make sure that all submitted documents are made out to your or your company’s name. Any name changes and legal successions must be documented by appropriate extracts from the commercial register. At this stage, you do not need to upload the excerpts from the commercial register per se. We will contact you again in this regard if necessary.

24. What do I do if I do not have any supporting documents (toll statements/invoices)?

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These supporting documents are essential for the enforcement of your claims. You can request toll statements from Toll Collect / your EETS Provider or your billing company. Without supporting documents we will not be able to enforce your claims.

Only in case you cannot receive the supporting documents in time, you may provisionally finalise the registration process without the necessary documents. You must then submit the supporting documents as soon as possible. To do this, contact customer service (service@eclaim.de) as soon as you have received the documents.

25. How do I deal with invoices that relate to a period of time spanning several months?

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You can upload the invoices spanning several months even if, for example, the invoice of January 2017 also includes trips from December 2016. The invoices of January and February 2017 will then include all toll journeys from January 2017.

See also FAQ No. 20.

26. How and where can I submit my documents?

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As soon as you have registered, you will receive a link to our data mask to complete the registration process. Here you can enter all necessary data online and upload your supporting documents.

27. When do I have to submit my documents and information?

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If you want us to enforce claims for reimbursement of toll payments made in 2017, registration by 8 December 2020 is required for reasons of prescription.

You then have until 10 December 2020 to upload the necessary documents - in any case at least the fee agreement, financing agreement and power of attorney - and to submit the required information through the data mask. After these dates we cannot guarantee that we will be able to take your claims into account.

28. What do I do if I cannot provide the supporting documents (toll statements/invoices) by 10 December 2020?

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If you can provide accurate information on the total payments for the respective years (2017 to 31 October 2020) even without the supporting documents, please finalise the registration process and submit all the other necessary documents. We need the supporting documents as soon as possible.

29. What do I do if I do not know my Toll Collect user number?

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In principle, almost every company that pays toll in Germany has a Toll Collect customer number. If you do not know your number, you can obtain it from the Toll Collect GmbH.

30. What are the chances of success for my reimbursement claims and how long will it take to enforce my claims?

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The ECJ has clearly ruled that the German truck toll is partly illegal. Depending on the position of the BAG, court proceedings through various instances may be necessary to enforce the claims for reimbursement. Despite the very good starting point for claimants, no definite forecast can be made as to the outcome of the proceedings. In Germany, the duration of court proceedings involving several instances can amount to several years.

31. Will I still be able to use eClaim’s services after the end of the registration period for toll payments made in 2018 or later?

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This question is currently being clarified.

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