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Annex 1 to the Capacity Contract
General Terms and Conditions for Transmission
Network Access
of GAS CONNECT AUSTRIA GmbH
approved upon certain conditions by Energie-Control Austria on September 7, 2012 pursuant to section 32 GWG 2011 (Natural Gas Act 2011) as amended by BGBl General Terms and Conditions for Transmission Network Access Request for system access (request for capacity) and conclusion of the capacity contract . 5 Injection and withdrawal – gas quality . 8 Determination and allocation of quantities . 9 Utilisation of unused booked capacity . 9 Payment, default of payment and reminders . 10 XIV. Transmission of data – data protection – confidentiality . 11 XV. Other XVI. Amendment to the General Terms and Conditions for Transmission Network Access . 12 XVII. Severability XVIII. Force majeure . 13 XIX. Termination for good cause . 14 XX. Legal General Terms and Conditions for Transmission Network Access Subject matter
The subject of these General Terms and Conditions is to set out the mutual rights and obligations by and between transmission system operators and system users. For the actual rendering of the services described herein, contractual agreements between the system user and other market participants (distribution area manager, market area manager, balance group responsible , etc.) are additionally required under the terms of the Natural Gas Act 2011(Gaswirtschaftsgesetz 2011) and the Gas Market Model Ordinance 2012 (Gas-Marktmodell-Verordnung 2012, GMMO-VO). These contractual arrangements shall be the sole responsibility of the system user. (1) For the purpose of transmission network access by system users as defined in sections 31 and 32 Natural Gas Act 2011, these General Terms and Conditions shall govern the following:  the injection of natural gas into a transmission system;  the withdrawal of natural gas from a transmission system;  the mutual rights and obligations of the contracting parties. (2) The transmission system operator shall be obliged under the entry and/or exit capacity contract (hereinafter called the “capacity contract”) to permit the system user to use its transmission system subject to the following instruments:  section 31 Natural Gas Act 2011;  the Gas Market Model Ordinance 2012 (Gas-Marktmodell-Verordnung 2012,  these General Terms and Conditions, including annexes;  on the basis of the system utilisation charge set forth in section 70 Natural Gas Act 2011, along with any statutory surcharges;  on the basis of the approved entry and exit points (according to Regulation (Gaswirtschaftsgesetz 2011) in conjunction with section 7 para. 1 E-Control Act (Energie-Control-Gesetz) as well as the entry and exit points to and from facilities of storage system operators, producers and producers of biogenic gases. (3) The system user shall be obliged to use the transmission network under the terms of the capacity contract subject to the following instruments:  section 31 Natural Gas Act 2011;  the Gas Market Model Ordinance 2012, including annexes;  these General Terms and Conditions, including annexes;  on the basis of the system utilisation charges set forth in section 70 para. 1 Natural Gas Act 2011, along with any statutory surcharges;  on the basis of the approved entry and exit points (according to Regulation (EC) No 715/2009) under section 39 para. 2 Natural Gas Act 2011 (Gaswirtschaftsgesetz 2011) in conjunction with section 7 para. 1 E-Control General Terms and Conditions for Transmission Network Access Act (Energie-Control Gesetz) as well as the entry and exit points to and from facilities of storage system operators, producers and producers of biogenic gases. II. Definitions
The definitions shall be those given in Chapter 1 of the Other Market Rules (Sonstige Marktregeln, SoMa). III. Applicable law and language
(1) The legal relationship between the transmission system operator and the system user under the capacity contract shall be governed by Austrian law, precluding the conflict-of-law provisions of international private law contained in Austrian law and the UN Convention on Contracts for the International Sale of Goods. (2) Without prejudice to the jurisdictional competence of the arbitration court, both the transmission system operator and the system user may submit to the regulatory authority disputes or complaints, such as disputes arising from the settlement of charges, pursuant to section 26 E-Control Act. With regard to refusal of system access or the priority in allocating capacity, the pertinent provisions of the Natural Gas Act 2011 as well as the ordinances and official decisions based on that Act shall apply as amended. (3) The General Terms and Conditions exist in both German and English versions; any conflicts between them are unintentional. The official language of business shall be German. The binding language version shall be the German one. The English translation shall not be binding and is provided purely for information purposes. The transmission system operator accepts no liability for any variations in content or errors of translation. (4) Unless otherwise agreed between the parties, the capacity contract shall be General Terms and Conditions for Transmission Network Access IV. Request for system access (request for capacity) and conclusion of
the capacity contract
(1) Access to the transmission system and conclusion of the capacity contract shall be subject to the provisions of section 36 Natural Gas Act 2011 and sections 3 to 12 in conjunction with section 47 Gas Market Model Ordinance 2012 as amended. (2) The following provisions shall therefore apply until 0600 hours on 1 April 2013: System users wishing to conclude a capacity contract shall address a request for a capacity contract to the transmission system operator. The transmission system operator shall be obliged - (a) to respond to requests that contain all the required information within ten (b) to calculate the available capacity; (d) to allocate available capacity in the chronological order in which the (f) to provide the system user with the necessary contractual documents, including the approved General Terms and Conditions (section 32 Natural Gas Act 2011). If the response to the request is negative, the transmission system operator shall give reasons for this in writing. If the information given is not sufficient to respond to a request, the transmission system operator shall ask for the necessary information as soon as possible. The request to agree a capacity contract shall in any case contain the following details: (b) Maximum capacity in Nm³/h, m³/h (0°C) or kWh/h, with a minimum capacity (d) Quality of service (firm/interruptible); (e) Name of contact person with address and phone number; General Terms and Conditions for Transmission Network Access (f) Where the term of service is up to one day, information on the balance group to which the system user allocates the capacity. After checking the request against the available capacity, the transmission system operator shall send the system user an offer for a capacity contract. (3) Under sections 6f in conjunction with section 47 Gas Market Model Ordinance 2012 transmission system operators shall be obliged to auction capacity with effect from 0600 hours on 1 April 2013. The transmission system operator shall conduct capacity auctions on an auction platform. Registration for and participation in the auction platform shall be subject to the rules of the auction platform and the respective auction procedures. (4) The transmission system operator shall be entitled to demand a temporary deposit of up to EUR 100,000 (in words: one hundred thousand Euro) as security deposit for concluding a capacity contract. As soon as the duly signed capacity contract and the corresponding security deposit has been received and checked by the transmission system operator, the aforementioned temporary deposit will be automatically returned to the system user. (5) Should the transmission system operator be unable to conduct an auction Ordinance 2012 for technical reasons, para. 2 shall apply until it is technically possible to conduct auctions. (6) Conclusion of the capacity contract and compliance with its provisions shall entitle the system user to allocate entry and/or exit capacity to balance groups or sub balance accounts towards transmission system operators. V. Transportation service
(1) The transmission system operator shall be obliged to accept and match the nominations of the balance group responsible in accordance with Chapters 2 and 3 of the Other Market Rules (Sonstige Marktregeln, SoMa) and - where necessary – in accordance with any other provisions provided the nominations comply with the specifications. The system user shall take care that the balance group responsible, to whose balance group the capacity was allocated by the system user under section 23 para. 1 Gas Market Model Ordinance complies with the provisions of Chapters 2 and 3 of the Other Market Rules (Sonstige Marktregeln, SoMa). (2) The system user shall be obliged not to exceed the contractually agreed maximum capacity for the entry and exit points when utilising the services under these Terms and Conditions. General Terms and Conditions for Transmission Network Access (3) The transmission system operator shall accept or deliver natural gas to the agreed maximum capacity at the entry or exit point of its transmission system in accordance with the nomination rules in para. 1. The transmission system operator shall not be obliged to accept or deliver at the entry or exit point amounts of natural gas exceeding the maximum agreed hourly capacity. As a prerequisite for injection and withdrawal, nominations as specified in Chapters 2 and 3 of the Other Market Rules (Sonstige Marktregeln, SoMa) shall be submitted to the transmission system operator by the balance group responsible. (4) The transmission system operator does not acquire ownership of the natural gas transported on behalf of the system user. (5) Pursuant to the statutory provisions of the Natural Gas Act 2011 and in cooperation with the market area manager, the transmission system operator shall ensure pressure maintenance and the balance of injection and withdrawal under consideration of an economical method of operation. (6) If firm capacity is no longer available to the extent demanded by the system user, the transmission system operator shall offer interruptible capacity as defined in section 36 para. 1 Natural Gas Act 2011. Under section 6 para. 2 Gas Market Model Ordinance 2012 the transmission system operator shall be entitled to offer interruptible capacity differentiated by classes reflecting the probability of interruptions. If the system user has booked interruptible capacity, transportation may be interrupted at any time to the extent necessary to carry out firm transportation services. In this case system users at all entry and exit points shall be treated equally in accordance with section I para. 2. (7) If, to provide firm transportation services or interruptible transportation services of a higher quality class as defined by section 6 para. 2 Gas Market Model Ordinance 2012, interruption of transportation services on an interruptible basis is required, these transportation services on an interruptible basis shall be interrupted in proportion to the contracted capacity (pro rata) per quality class. In case of a different binding definition of the allocation rules for interruptions by the Annex to Regulation (EC) No 715/2009, Network Code on Capacity Allocation Mechanisms, then the relevant services will be interrupted in accordance with the Annex to Regulation (EC) No 715/2009, Network Code on Capacity Allocation Mechanisms. (8) In the event of any temporary disruptions within the transmission system, the transmission system operator shall be obliged to make every effort to avoid any ensuing reduction of the agreed capacity. If a reduction of the capacity cannot be avoided, it shall be allocated to the system users in proportion to the contracted capacity (pro rata). (9) In the event of restrictions to the transportation service due to unplanned maintenance work, the rules on a reduction of the fees stipulated in the applicable ordinance under section 70 Natural Gas Act 2011 shall apply. General Terms and Conditions for Transmission Network Access VI. Optional service
In addition to the services described hereunder, the transmission system operator can offer services directly associated with the system operation. These optional services shall be offered by the transmission system operator uniformly and without discrimination. The conditions and fees for optional services are based on the ordinance pursuant to section 70 Natural Gas Act 2011 and shall be published by the transmission system operator on the Internet. VII. Injection and withdrawal – gas quality
(1) The system user shall be obliged to deliver at the entry point only natural gas complying with the specifications in annex 2 Gas Market Model Ordinance 2012. The transmission system operator and the system user shall be obliged to inform the other party immediately if it is found that the quality specifications in annex 2 Gas Market Model Ordinance 2012 are not met (referred to hereafter as “off-spec gas”). (2) The transmission system operator shall be entitled to refuse acceptance of off- spec gas at the entry point. The natural gas delivered by the system user shall not be considered delivered in such a case. It shall remain within the sole discretion of the transmission system operator whether to transport any off-spec gas. The system user shall be liable to the transmission system operator under section XXII for costs incurred by the transmission system operator in connection with the cleaning and overhauling of the transmission system and the recovery of full operational performance, and shall indemnify and hold harmless the transmission system operator – including towards third parties – on whatever legal grounds. (3) The system user shall be entitled to refuse acceptance of off-spec gas at the exit point, provided that the system user did not deliver the off-spec gas at the entry point and the transmission system operator did not refuse transportation. If the system user refuses to accept any off-spec gas, the natural gas delivered by the transmission system operator shall not be considered delivered. (4) The system user acknowledges that the natural gas delivered by it at the entry point may be mixed with gas delivered by other system users and that the gas received at the exit point may in some cases not be identical with that delivered at the entry point. Provided that the natural gas delivered by the system user at the entry point complies with the specifications in annex 2 Gas Market Model Ordinance 2012, the transmission system operator shall be obliged to deliver at the exit point only natural gas complying with the specifications defined in annex 2 Gas Market Model Ordinance 2012. General Terms and Conditions for Transmission Network Access VIII. Determination and allocation of quantities
According to section 26 para. 3 Gas Market Model Ordinance 2012 the energy quantities delivered or received by the system user at an entry/exit point shall be received together with other energy quantities as part of an overall energy flow, and the energy quantities from the respective confirmed nominations by the balance group responsible, shall be considered the received energy volumes. IX. Utilisation of unused booked capacity
(1) The system user shall be obliged to make unused booked capacity available to third parties. The system user shall offer unused booked capacity exclusively only via the online platform specified in section 39 Natural Gas Act 2011 (secondary capacity platform) in conjunction with section 10 Gas Market Model Ordinance 2012. (2) The transmission system operator shall be entitled to withdraw all or part of the booked capacity from the system user under sections 11 et sqq. in conjunction with section 7 Gas Market Model Ordinance 2012. (1) The system user shall be obliged to pay to the transmission system operator the fee according to sections 72 et sqq. Natural Gas Act 2011 plus any statutory surcharges. If within the framework of an auction the system user purchases capacity at a price higher than the tariffs specified according to 72 et sqq. Natural Gas Act 2011, the system user shall be obliged to pay that auction price for the term of the contract. (2) The fee payable according to the capacity contract shall be rounded to integers (in Euro) by the transmission system operator. (3) If no tariff pursuant to section 72 et sqq. Natural Gas Act 2011 is defined by ordinance under section 70 Natural Gas Act 2011, or if the ordinance under section 70 Natural Gas Act 2011 is revoked by the Federal Constitutional Court (Verfassungsgerichtshof), or if the Federal Constitutional Court has ruled that the ordinance under section 70 Natural Gas Act was unlawful, then the system user shall be obliged, until an ordinance is issued under section 70 Natural Gas Act 2011, to pay the tariff applying before the new ordinance comes into force or before the unlawful ordinance was revoked or recognised as unlawful, plus any statutory surcharges. General Terms and Conditions for Transmission Network Access XI. Invoicing
(1) The transmission system operator shall issue an invoice by electronic means by no later than the fifth (5th) working day of the month following the month in which the contracted transportation service was rendered. The transmission system operator may request information from the system user for preparing invoices. (2) Value added tax at the current rate and any other (future) tax, fee or charge that becomes payable due to or in connection with the capacity contract shall be invoiced by the transmission system operator in addition to the fee for the service and in accordance with the provisions of this section, and paid by the system user. Invoices shall be prepared to include value added tax. If the system user should demand an invoice that excludes value added tax, this should be notified to the transmission system operator in writing before the contract is concluded. XII. Payment, default of payment and reminders
(1) The system user shall be obliged to pay the invoices presented by the transmission system operator in EURO as specified in section XI, plus any banking charges incurred, by no later than the fifteenth (15th) day of the month following the month in which the service was rendered (due date), by remitting payment to an account to be disclosed by the transmission system operator. If the transmission system operator fails to present an invoice on time, the due date shall be postponed by the corresponding number of days. (2) If the due date is not a banking day in Austria, the system user shall remit payment by no later than the first banking day following the due date. (3) Any objections raised by the system user against the invoice shall not entitle the system user to postpone or refuse payment of the invoice amount. If upon examination the invoice is determined to be incorrect, the system user shall be entitled to charge interest for the partial sum of the invoice determined to be incorrect. Interest shall be calculated on the basis of an annual interest rate equal to the three-month EURIBOR plus four (4) percentage points or on the basis of the statutory interest rate, depending on which the interest rate is higher on the day when the invoice is recalculated. (4) The invoice shall be deemed acknowledged by the contracting parties if no complaint is filed within three (3) months of the due date. (5) In the event of a default of payment by the system user, interest on default shall be charged from and including the day following the due date and until but not including the date when the amount is credited to the transmission system operator’s account. Interest shall be based on an annual interest rate equal to the three-month EURIBOR plus four (4) percentage points or on the statutory interest General Terms and Conditions for Transmission Network Access rate, depending on which interest rate is higher on the day when the invoice is recalculated. The system user shall reimburse the transmission system operator for any expense actually incurred through reminders, resubmissions and any other actions suited and necessary for out-of-court measures to enforce or collect the debt, provided that the expense is caused by the system user and is reasonably proportionate to the enforced debt. Such expense may also be charged as a lump sum. The amount of the lump sum shall be made public. (6) Without prejudice to the provisions of para. 5, in the event of a default of payment by the system user, the transmission system operator shall be obliged to notify the system user of this fact and grant the system user a further ten-day (10) period following written notification to remit payment. If payment is not made by the end of the additional ten (10) days, the transmission system operator shall be entitled to terminate the capacity contract with immediate effect and to use the security deposit to cover any open debt claim held against the system user. The foregoing shall not limit in any way the transmission system operator’s right to claim compensation for any amount outstanding not covered by the security deposit. XIII. Obligations to provide information
(1) The transmission system operator and the system user shall provide each other with such information as is required in order to fulfil their contractual obligations and the obligations to provide information as specified in Chapter 3 Annex 1 Regulation (EC) No 715/2009 as well as to ensure system interoperability. Section 25 Gas Market Model Ordinance 2012 shall additionally apply. (2) The system user shall be obliged to inform the transmission system operator in writing, before concluding the contract and if any amendment is made, about the customs regime applying to the natural gas that the system user is supplying to the transmission system operator. XIV. Transmission of data – data protection – confidentiality
(1) The transmission system operator shall be entitled to use the system user data required for fulfilling its tasks exclusively in accordance with the relevant statutory requirements and may transmit these data only to the extent necessary and legally permissible to those market participants requiring these data for carrying out their tasks, especially to the market area manager and the distribution area manager. (2) The transmission system operator shall make available to the relevant market participants the information and data which the latter require to complete their tasks as well as to ensure safe and efficient system operation, coordinated expansion and system interoperability. Corresponding obligations to provide General Terms and Conditions for Transmission Network Access information shall apply to the system user towards the transmission system operator in whose system the system user injects natural gas. (3) The transmissions of data stated in these General Terms and Conditions shall be carried out in accordance with the specific manner set forth for each case in the Gas Market Model Ordinance 2012 and the Other Market Rules (Sonstige Marktregeln, SoMa), each as amended. (4) The transmission system operator and the system user shall treat confidentially of any business and trade secrets of which they obtain knowledge while carrying out business activities and shall not disclose any such information to third parties. This shall not include the disclosure of information and data to the regulatory authorities as required by law and to the transmission system operator's service providers to the extent required. The transmission system operator shall bind its service providers to the obligation of confidentiality likewise. XV. Other provisions
(1) The system user shall be entitled to offset liabilities solely against claims that have been accepted by the transmission system operator or imposed by the court. (2) The transmission system operator shall be entitled to outsource to third parties individual elements of its obligations to perform the service, e.g. accounting, dispatching etc. (3) The system user shall be aware that telephone calls with the dispatching centre (4) The capacity contract and any amendments or additions thereto shall be agreed upon in writing. Any departure from this requirement of written form shall also be made in writing. For postal communications the address to be used shall be that stated on the cover page of the capacity contract. Changes of address shall be notified to the other party in writing within fourteen (14) days. XVI. Amendment to the General Terms and Conditions for Transmission
Network Access
(1) These General Terms and Conditions form an integral part of the capacity contract. Both the sample capacity contract and the General Terms and Conditions are published on the Internet on the transmission system operator's website. The system user hereby acknowledges that, if it also uses its own general terms of business, these General Terms and Conditions shall always prevail. The fulfilment of obligations under the capacity contract by the General Terms and Conditions for Transmission Network Access transmission system operator shall not be deemed to constitute acceptance of the system user's general terms of business. Any matter not covered in the capacity contract and/or these General Terms and Conditions shall be settled between the contracting parties according to generally accepted practice in the industry. (2) If a version of the General Terms and Conditions for Transmission Network Access is approved that has been amended compared with the version valid when the capacity contract was concluded, the transmission system operator shall notify the system user of the amendments without delay by registered mail and send the system user on request the amended General Terms and Conditions for Transmission Network Access. If the system user does not object to the application of the amended General Terms and Conditions of Transmission Network Access in writing within four (4) weeks of being apprised of them, the respective capacity contract shall be subject to the amended General Terms and Conditions for Transmission Network Access. The amended General Terms and Conditions for Transmission Network Access shall become effective as of the first day of the month following expiry of the period for raising an objection. If the system user objects to the application of the amended General Terms and Conditions for Transmission Network Access in writing within four (4) weeks of being apprised thereof, the transmission system operator shall be entitled to terminate the capacity contract giving three (3) months notice of termination in writing. The transmission system operator shall explicitly inform the system user in writing of the consequences of any objection. XVII. Severability clause
Should any provisions of the capacity contract, including these General Terms and Conditions for Transmission Network Access, be or become void, the validity of the remaining provisions of the capacity contract shall remain unaffected thereby. The contracting parties shall undertake to replace the invalid, legally ineffective or void provision with a new and valid provision that approximates as nearly as possible the economic, technical and/or legal intent of the invalid, legally ineffective or void provision. XVIII. Force majeure
(1) If any contractual obligations cannot be met at all or cannot be met in timely or proper manner due to force majeure or due to fulfilling future statutory requirements as part of emergency measures, the relevant contractual obligations shall be suspended until the impediments and their consequences have been removed. Force majeure shall be deemed to include any event or any circumstance or any chain of events and/or circumstances impacting on the transportation services agreed with the transmission system operator under the capacity contract, the occurrence of which was unforeseeable and beyond the General Terms and Conditions for Transmission Network Access scope of influence of the contracting parties, which could not have been foreseen or avoided even by exercising due, customary and reasonable care and diligence, and which is the reason why one party cannot fulfil its obligations to the other party or cannot fulfil them within the agreed time. The foregoing shall apply specifically to war, riots, strikes or lock-outs, natural disasters or fire, epidemics, government measures or similar circumstances. (2) The inability of the system user to pay the fee referred to in section X shall not be regarded as a circumstance of force majeure. (3) The contracting party affected by force majeure shall be obliged to inform the other contracting party thereof without delay, indicating the foreseeable duration of the interruption of performance and the reasons for it. (4) If an event of force majeure persists more than six (6) months, the contracting parties shall make best endeavours to adjust the capacity contract accordingly. XIX. Termination for good cause
(1) The right of either contracting party to terminate the capacity contract with immediate effect for good cause shall remain unaffected. (2) Examples of good cause for the transmission system operator are: (a) severe breach of contract by the system user; proceedings against the assets of the system user or non-institution of insolvency proceedings for lack of assets to cover costs. In these cases the transmission system operator shall be entitled to hold itself harmless by claiming the security deposit . XX. Legal succession
If a capacity contract concluded on the basis of these General Terms and Conditions is assigned to a third party, the transmission system operator shall be entitled to require a security deposit from the new system user pursuant to section XXII. XXI. Warranties
The system user assures to have an unconditional and undisputed right to transport the natural gas delivered at the entry point. The natural gas delivered by the system user shall be free of any liens, encumbrances and third-party claims opposing General Terms and Conditions for Transmission Network Access transportation. The system user shall be obliged to indemnify the transmission system operator for any costs, lawsuits and claims raised by third parties. XXII. Security deposit
(1) The transmission system operator shall be entitled to require from the system user a security deposit which shall serve as security for the system user’s payment obligation under the capacity contract. At the system user’s discretion the security deposit shall either be provided in the form of a bank guarantee or cash deposit as specified below. (2) The system user shall send the transmission system operator a bank guarantee no later than ten (10) working days after conclusion of contract, but in any case no later than five (5) working days before the contract comes into effect; otherwise para. 5 shall apply. The bank guarantee must correspond to the sample bank guarantee provided by the transmission system operator. The bank guarantee shall be returned no later than six (6) months after termination of the capacity contract. (3) The system user shall send the transmission system operator a cash deposit no later than ten (10) working days after conclusion of contract, but in any case five (5) working days before the contract comes into effect, remitting payment without deduction to an account to be disclosed by the transmission system operator. The cash deposit paid by the system user to the transmission system operator shall not bear interest and shall be repaid no later than six (6) months after termination of the capacity contract to an account to be disclosed by the system user. (4) The amount of the cash deposit or the bank guarantee – excluding the bank fees incurred by the transmission system operator – to be submitted by the system user shall depend on the term of the capacity contract and shall be calculated as follows: (a) In the case of a capacity contract with a term of one day or less, the amount of the security deposit shall be the amount of the fee for the anticipated service in that calendar month. (b) In case of a capacity contract with a term of one month, the amount of the cash deposit or bank guarantee shall be the amount of the fee due for the services. (c) In case of a capacity contract with a term of one quarter, the amount of the cash deposit or bank guarantee shall be the amount of the fee due for the first two months of the service. (d) In case of a capacity contract with a term of one year, the amount of the cash deposit or bank guarantee shall be three times the amount of the fee due for the first month of the service. General Terms and Conditions for Transmission Network Access (5) If the system user fails to meet its obligation under this section, either because the obligation is not met in due time or because the full amount of the security deposit is not paid, the capacity contract shall be automatically terminated with immediate effect. In this case the transmission system operator shall be released from its obligations under the capacity contract. The system user may not participate in auctions again until it has met its obligations under this section in full. XXIII. Liability, indemnification
(1) Each contracting party shall be solely liable to fulfil the obligations arising from (2) Each contracting party shall be liable towards the other party as set forth in the general requirements of law governing compensation. In cases where such law refers to liability due to fault, except for personal injury and claims as stipulated in section 33 para. 6 Natural Gas Act 2011, the contracting party shall only be liable in cases of intent and gross negligence. (3) In the event of the transmission system operator’s liability due to gross negligence, such liability shall be limited to direct damage at twelve times the monthly fee; with capacity contracts with terms up to one year the transmission system operator's liability shall be limited to the amount of the contractual fee. Liability for indirect damage, loss of profits and consequential losses shall be excluded to the full extent permitted by law. (4) The system user shall be liable without limitation for damage suffered by the transmission system operator or third parties (e.g. other system users) through natural gas or biogenic gas which does not comply with specifications and shall fully indemnify and hold harmless the transmission system operator in such cases. (5) The transmission system operator shall not be liable to the system user for damage suffered by the system user from legal agreements with third parties, even if such legal agreements are required in order to use the transmission system operator's service. These General Terms and Conditions shall come into force at 0600 hours on 1 January 2013.

Source: http://www.gasconnect.at/en/Fuer-Kunden/Sales-Transmission%20neu/~/media/A4EA44B37A88468FB5508ADADD10F659.pdf