Diplomatic particular terms and conditions of service

The present document is a translation given for information purposes. Only the original french or dutch versions are binding.


Article 1 - Object

The use of the diplomatic service provided by Circle K Belgium and of the Diplomatic Fleet Card(s) shall entail the acceptance, by the user, of:

·    the diplomatic particular terms and conditions of service below;

·    as well as the Fleet Card general terms and conditions of service, insofar these diplomatic particular terms and conditions do not depart from the Fleet Card general terms and conditions of service.

The purpose of these diplomatic particular terms and conditions of service is to define the specific operating procedures of the diplomatic service (‘card’) that is the purchase of fuel and other goods and services, and the use of the Diplomatic Fleet Card(s).


Article 2 - Terms and conditions of the use of the service

The diplomatic service is reserved exclusively for natural and legal persons who are eligible for the exemption from the excise duty and from the vat (‘client’), as organised by:

·    article 20, 7° to 10° of the general customs and excise duty act of 18 july 1977;

·    articles 33 to 35 of the ministerial decree of 17 february 1960 governing exemptions of import duties;

·    article 42, § 3, first indent, 1° or 2° or 3° or 4° or 5°, of the value added tax code of 3 july 1969.

Registration with the diplomatic service is:

·    either for personal use (use of one or more vehicles registered in the name of a natural person);

·    or for official use (use of one or more vehicles registered in the name of a legal person [embassy, delegation, permanent representation, mission, consulate, etc.]).

The client is therefore committed to make use of the diplomatic service within the limits of his or her personal use and/or official use within the mission whereto s/he belongs.

the client, for either personal use or official use, will bear the cost(s) of the fuel purchase(s) in case of use of the Fleet Cards by unauthorized persons.

The client undertakes to inform Circle K Belgium in writing, preferably by e-mail to ck.diplomatic.totalbelgium@circlekeur.com, and prior to the changes, about his/her identification documents, address change, bank account number changes, and any changes that may impact his/her right to qualify for the exemption from the excise duty and from the vat.

Circle K Belgium reserves the right to block/withdraw the card in case of non-compliance of its terms and conditions and/or specific terms and conditions, in case of fraudulent or abnormal use by the client or by a third person, in case of payment default or recurrent insolvency of the client, and this, without any prior notification and without prejudice to the right of Circle K Belgium to claim damages and interests.


Article 3 - Extranet site

A client shall register with the diplomatic service through a secured website (‘extranet’) by means of his protocol file number, his e-mail address, his surname, first name and telephone and postal address.

Once they have become a client, and subject to first supplying their email address, name, surname and telephone number, the customer can access the diplomatic customer space using the url address: diplomatic.totalenergies.be.

The extranet is secured and encrypted in ssl-mode, and therefore is only accessible after entering an username (i.e. e-mail address) provided by the client to Circle K Belgium and a password provided by Circle K Belgium to the customer during the first connection to said website. The customer can consult the status of his vehicle fleet, and access additional services via the extranet. any use of the site and the extranet shall imply the unconditional acceptance of the general terms and conditions of use that govern it and are accessible from its home page.

The optional services referred to in article 6 of the Fleet Card general terms and conditions are not available to the users of the diplomatic service.

Circle K Belgium places assistance at the disposal of its clients free of charge during business days at working hours via the telephone +32 (0)2 288 35 81 or by e-mail to ck.diplomatic.totalbelgium@circlekeur.com.

The Fleet Card general terms and conditions apply to the data storage period and the protection of personal data collected in the context of the operation and the use of the diplomatic service and of the diplomatic fleet cards.


Article 4 - Use of the cards

4.1 Card validity

The card shall remain valid until the expiry date on the endorsed 136f form or 151 form which led to the issuance of said card. an invalid or blocked card may be kept or confiscated by the point of sale. the client remains responsible for his / her card (s) and its / their use until its / their validity expires.

Prior to the expiry of a 136f form or 151 forms, the client shall provide a valid and endorsed 136f form or 151 to Circle K Belgium for a new tax-free fuel allowance period.

The client shall remain responsible for his/her card and the use thereof until the card expires.


4.2 Dispatching and activation of the card(s)

The card(s) will be sent to the client and activated, provided Circle K Belgium is in possession of a valid and endorsed 136f form or a 151 form by the competent authority (federal public service [fps] - finance - administration of customs and excise).

The card will only be delivered to the client after handwritten or electronic acceptance of the diplomatic specific conditions and the Fleet Card general conditions.

Circle K Belgium must be in possession of a valid standing order of payment from the client’s bank account.

The payment via manual bank transfer is only available for the official use of diplomatic missions.

A manual voucher as referred to in article 4.3 of the Fleet Card general terms and conditions cannot be issued to users of the diplomatic service.


4.3 Goods and services purchase

The card gives access to both tax-free fuels and value added taxed goods and services. the quantities of the tax-free fuels are in accordance with and limited according to the rules and procedures defined by the competent authority. the purchase of tax-free fuel is limited to the belgian territory, as established by the fps - finance - administration of customs and excise. quotas of fuels linked to an endorsed 136f form or a 151 form during the concerned period that have not been consumed during that period shall be lost permanently.

other goods and services, outside the mandate of the 136f form or 151 from, fall under the Fleet Card general terms and conditions, insofar these diplomatic particular terms and conditions do not depart from the Fleet Card general terms and conditions.


Article 5 - Loss or theft of the card

If one of the client’s cards is lost or stolen, the client must immediately block the card by calling Circle K Belgium during business days at working hours at +32 (0)2 288 35 81 or calling card stop service available 24/7 at +32 (0)2 288 94 00. Every request must be confirmed via either the extranet on diplomatic.totalenergies.be or by e-mail to ck.diplomatic.totalbelgium@circlekeur.com, indicating the client’s name and number, the number of the lost or stolen card(s), as well as the hours during which the client can be contacted.


Article 6 - Prices and payment for products

article 10 of the Fleet Card general terms and conditions applies to the diplomatic service insofar these diplomatic particular terms and conditions do not depart from the Fleet Card general terms and conditions.

fuel will be invoiced at the official prices fixed under the program contract in force on the date of purchase of products less the excise duty, and the value added tax. only fuels for which the client has obtained a valid and endorsed 136f form or 151 form by the competent authority, will be invoiced free of excise duty and value added tax and are limited to the belgian territory. Fuel purchases for which Circle K Belgium does not receive the approval of the competent authority will be invoiced including excise duty and the value added tax by means of a specific invoice.

Goods and services where value added tax is applicable, will be invoiced separately with value added taxes so that further vat recovery, if applicable, can be handled by the client via specifically accredited companies.

Circle K Belgium will send the invoices in electronic format. notwithstanding article 11 of the Fleet Card general terms and conditions, and at the client’s request, Circle K Belgium can send invoices in paper form without additional costs to the client.

in the event of default by a natural person client for their personal/private use, Circle K Belgium reserves the right to contact the mission/organization to which he/she belongs and claim the amount of payments due. By affixing its stamp/seal and the signature of its ambassador or head of the mission or authorized representative of the mission/organization to the diplomatic specific conditions, the mission/organization agrees without reservation.


Article 7 - Term / termination

The quotas of products linked to a 136f form or 151 form submitted to Circle K Belgium shall under no circumstances be cancelled or returned to the client.

Notwithstanding article 17.1 of the Fleet Card general terms and conditions, the contractual relationship between Circle K Belgium and the client that is governed by the general terms and conditions enters into effect on the acceptance of the Fleet Card general terms and conditions and the diplomatic particular terms and conditions of service or use of the card by the client or upon membership application for the diplomatic service by the client. the contract is concluded for a period of twelve months. The contract can be tacitly renewed for successive periods of twelve months, unless one of the parties has notified the other, by sending a registered letter one month before the expiry of the current contractual period, his/her intention to terminate the contract. this termination shall be effective provided that the client has paid all sums relating to transactions performed using the cards. the customer who wishes to terminate this agreement early must pay Circle K Belgium a fixed compensation for administrative costs calculated as follows: 10 eur excl. vat per card and per month until receipt of the acknowledgement of receipt relating to the termination of this contract.

The client undertakes to inform Circle K Belgium prior his/her diplomatic mission term in Belgium comes to an end by a written notice to ‘Boulevard Anspach 1, boîte 2 - 1000 Brussels’ or by e-mail to ck.diplomatic.totalbelgium@circlekeur.com or via the extranet on diplomatic.totalenergies.be. The card(s) should be cut in two by the client and returned to Circle K Belgium. During that transition period, and/or after the diplomatic mission term/period, fuel purchases for which Circle K Belgium does not receive the approval of the competent authority will be invoiced including excise duty and the value added tax by means of a specific invoice.

Circle K Belgium reserves the right to terminate the contractual relationship without notice if the regulations into force are revised to an extent such as to change the principles or the procedures of the excise exemption or the vat exemption enjoyed by the client, and this, without prejudice to the possibility of claiming any damages caused to Circle K Belgium.


General Terms and Conditions: Cards Fleet



ARTICLE 1 – PURPOSE

The purpose of these general terms and conditions is to establish the terms of operation and use of the Card Fleet (“the Card”), which can be used to purchase the products and services indicated in article 3 in a Points of Sale Network (“the Network”). To provide the Customer with the broadest possible range of public charging stations for electric vehicles within the Network, Circle K Belgium NV (“Circle K Belgium”) has entered into one or more partnerships with providers of specialised services (“the Partner”). A guide to the points of sale in the Network is available on request from Circle K Belgium or on his website. Electric charging stations can be found using the mobile app (“the EV App”). The general terms and conditions, the membership application, any addenda and the original Cards application constitute “the Contract”.

 

ARTICLE 2 – AMENDMENTS

Circle K Belgium reserves the right to change the general terms and conditions at any time. For a non-significant change of the general terms and conditions, Circle K Belgium may inform the customer by means of a simple notification on an invoice. The latest version will be available at the Customer’s request. For any revision that entails significant changes, the new terms and conditions will be sent in full and in writing or by email to the Customer. If no objection is lodged within ten working days after the sending of the revised general terms and conditions, the Customer is deemed to have accepted them unconditionally. Any change that the Customer would like to make to these general terms and conditions must be expressly accepted in advance and in writing by Circle K Belgium.

 

ARTICLE 3 – PRODUCTS AND SERVICES

The products and services that can be purchased using the Card and to which an upper limit may be applied, are as follows:

- all types of fuel available at the points of sale, including electric vehicle charging (see article 5),

- the lubricants, products and services offered at the points of sale,

- additional travel-related services (including tolls, electronic tolls, parking, road taxes, breakdown assistance, maintenance services

etc.).

The supply of products and services is a best-efforts obligation on the part of Circle K Belgium. Accordingly, Circle K Belgium cannot be held responsible for any temporary or permanent unavailability of products and services at one or more points of sale. Circle K Belgium may change or add to the above range of products and services at any time, which could give rise to the issuing of a new Card. The risks associated with these products are transferred to the Customer once they acquire the products at the point of sale. Given the nature of the products and services, any claim concerning a defective product or service must be reported to Circle K Belgium in writing within one week. The claim must be accompanied by supporting documents. If products and/or services were supplied outside of the Network, Circle K Belgium will only be responsible for forwarding the claim as quickly as possible to the entity that is responsible for the point of sale at which the product and/or the service were supplied.

 

ARTICLE 4 – HOW THE CARD OPERATES

1. Issue

Once a membership application has been examined and accepted, Circle K Belgium will open an account in the name of the Customer and supply the requested number of Cards, and the secret code(s) associated with them will be communicated in a separate letter. The administrative costs for opening a customer account will be invoiced at a lump-sum amount of €15 (excl. VAT). Each Card will identify the Customer and/or the number plate of the vehicle and/or the Cardholder with which it is associated. This information indicated on the Card and/or on the itemised statement at the Customer's request is for information purposes only. When the Cards or secret codes must be sent by express courier, at the Customer’s request, the Customer will be invoiced for the lump-sum shipping costs of €25 (excl. VAT).

2. Validity

The Card remains valid up to the last day of the month of its expiry, which is indicated on it. A non-valid Card may be retained or seized by the point of sale. New Cards are sent out automatically one month before the expiry date of the Cards, unless there is written notification to the contrary from the Customer or Circle K Belgium. For any Card that was not used during the first three months of the six-month period prior to the expiry date, the Customer must submit a renewal application to Circle K Belgium. The Customer remains responsible for their Card up to its expiry date.

3. Use

The Cards are the property of Circle K Belgium. Under no circumstances may they be transferred to third parties without the prior approval of Circle K Belgium. They are reserved for the Customer’s professional use. To validate the purchase of a product or service (with exceptions, such as tolls, electronic tolls and electric charging), or if there is a technical/computer problem that requires the creation of a manual voucher including a copy of the Card imprint, the Card must be used in combination with the secret code. Use in this way gives Circle K Belgium the right to debit the Customer’s account. The point of sale may issue a receipt for the transaction at the Cardholder’s request. The point of sale may ask the Cardholder to sign the receipt.

4. Safeguarding Cards and Duplicates

The Customer is responsible for safeguarding the Cards entrusted to them. For this purpose, they should take all necessary and useful measures to prevent the loss, theft, damage or fraudulent use of the Card(s). The Customer will be responsible for the use that they or a third party makes of the Cards assigned to the Customer. Subject to the provisions of articles 4.5 and 7 below, the Customer acknowledges that they are responsible vis-à-vis Circle K Belgium for payment for all Products or Services obtained using the Card assigned to them, even in the event of loss, theft or a fraudulent use by a third party. At the Customer’s request or in the event of a Card being blocked, Circle K Belgium can issue one or more replacement Cards, called duplicates. These have the same characteristics and the same secret code as the original Card. The Customer remains responsible for paying for transactions made with the original Card, which is called the “lower ranking Card”.

5. Blocking

In the event of the loss, theft or fraudulent use of any Card, the Customer must immediately notify Circle K Belgium by telephone, or via any call centre indicated to them for this purpose and must confirm the same by registered letter with acknowledgement of receipt within two working days, accompanied by the statement of loss, theft or fraudulent use submitted by the Customer to the competent police authority. The posting date of this letter will be used to calculate the period of responsibility described below. The Customer’s responsibility towards Circle K Belgium ends at midnight (00.00) on the day after the 72-hour period following receipt of the written confirmation of loss, theft or fraudulent use. After this time, the Customer is no longer responsible for any purchases made with this Card, unless:

- the Customer transferred the Card to an unauthorised third party,

- the Customer or Cardholder lost the Card due to carelessness,

- the Customer did not comply with the instructions issued by Circle K Belgium to either destroy the Card or send it back to Circle K Belgium,

- the Customer did not take the necessary measures to protect the confidentiality of the code,

- the Customer did not take the necessary measures to prevent fraudulent use of the Card.

If the loss, theft or fraudulent use wholly or partially derives from the fault or negligence of the Customer or Cardholder, the Customer’s period of responsibility will be extended to 12 working days. The Customer undertakes to provide Circle K Belgium with all the information concerning the disappearance, fraudulent or irregular use of any Card. The Customer undertakes to return to Circle K Belgium any Card that was blocked and later found, and shall refrain from making any further use of such a Card. If abnormal use of the Card is detected, Circle K Belgium reserves the right to block the card, without this giving rise to any right of damages on the part of the Customer.

6. Return

The Customer must immediately return the Cards at the request of Circle K Belgium or on their own initiative in the event of bankruptcy, cessation of business activities or termination of contractual relationship. Without prejudice to any damages to which Circle K Belgium might be entitled, the use of a Card after the expiry date, the blocking of the Card or the termination of the Contract for any reason whatsoever, could give rise to judicial, civil or criminal-law proceedings.

 

ARTICLE 5 – ELECTRIC CHARGING

Circle K Belgiumhas made available to the Customer, via the Network, a wide range of public charging stations in Europe with which they can charge electric vehicles (charging stations available via the EV App). A Customer who has signed an electric charging contract with Circle K Belgium may, after receiving a Card, create an account in the EV App.

 

ARTICLE 6 – OPTIONAL SERVICES

The Customer may subscribe to one or more optional services in the membership application or via a subsequent application. Circle K Belgium reserves the right to create new optional services or to change or remove existing optional services.

For each optional service, the Customer will pay the costs per Card or a lump sum amount for all Cards. The frequency for doing so will be determined when subscribing to the service and the amount is subject to marginal adjustments by Circle K Belgium. Subscription to optional services is for an indefinite period. Either party may cancel one or more optional services at any time, by email or ordinary post, subject to advance notice of one month. The cancellation or invalidity of the subscription to one or more optional services shall have no impact on the existence of the Contract. The end of the contractual relationship for any reason whatsoever shall entail, automatically and without prior formality, the cancellation of the subscription to the optional services.

1. The Customer Space

Once they have become a member, and subject to supplying their email address, full name and telephone number, the Customer can access the Customer Space using the following URL: https://fleetportal.circlek.be (“the Site”). The Site is secured and encrypted in SSL mode and therefore is only accessible after entering a username provided by Circle K Belgium and a password chosen by the Customer the first time they log in to the Site. The Customer can use the Site to view the status of their vehicle fleet and access additional or optional subscribed services. Any use of the Site implies the unconditional acceptance of the general terms and conditions of use that govern it and are accessible from its home page.

2. Optional VAT Recovery service

This service consists of commissioning an agent to recover VAT paid on certain purchases that the Customer made abroad. To subscribe to this service, a specific Contract must be signed.

3. Optional 24/7 Security service

This service consists of providing protection against the risks linked to the loss or theft of Cards, according to the terms and conditions set out below:

- The Customer's responsibility vis-à-vis Circle K Belgium will expire as soon as Circle K Belgium receives the telephone call at its call centre (via a dedicated telephone number that will be provided to the Customer when the Card is sent out) or as soon as the Card is blocked via the Site, regardless of the time and day of the loss, theft or fraudulent use, subject to written confirmation being sent within two working days, accompanied by the statement of loss, theft or fraudulent use made before the competent authorities.

- Any transactions made by third parties using the Card, after the time when Circle K Belgium records the telephone call or the Card is blocked on the Site, will be reimbursed to the Customer by Circle K Belgium within 45 working days following presentation of their itemised billing statement, up to a limit of €1500 (including taxes) per blocked Card.

This optional service is not available for Cards allowing electric charging.

4. Optional Billing Documents service

Using this service, the Customer can download or view the following on the Site:

- their billing files in .csv, Excel or .txt format, available from the third working day following the invoicing date.

- their daily purchases, established based on the transactions received by Circle K Belgium the day prior to the query, and downloadable in Excel format.

- Via the TID service, the customer can obtain an electronic file of their transactions at regular intervals. This file contains all of their invoice items: all types of transactions, summaries, etc. This file is sent via the Site.

- The TID Guide, providing a technical description of the billing files.

This optional service is not available for Cards allowing electric charging.

5. Optional Reporting Service

Using this service, the Customer can access, via the Site, a budget tracking report, a summary by Card and expense item and, for Customers who have opted for Cards with mileage recording, a report on consumption per 100 km by Card.

This optional service is not available for Cards allowing electric charging.

6. Optional Alerts and Anomalies Service

Using this service, the Customer can obtain, via the Site, reports on the anomalies defined based on personalised criteria for each Card (“the Anomalies”).

Fuel transactions made with Cards that contravene the personalised criteria will appear in Anomalies from the day following their receipt by Circle K Belgium. The Customer will be informed by email at the email addresses that they previously entered on the Site. In all cases, these transactions are only classified as Anomalies by the Customer and the Customer therefore cannot raise a dispute with Circle K Belgium with regards to their processing and payment.

This optional service is not available for Cards allowing electric charging.

7. Truck Assistance

This service offers Europe-wide assistance to the Customer in the event of a breakdown for vehicles over 3.5 tonnes.

Subscription to this service is automatic at the time it is used by the Customer, under the conditions set forth in the Truck Assistance general terms and conditions.

8. Ancillary travel benefits

Subject to the signing of a specific contract, the Customer may subscribe to ancillary travel benefits and in particular tolls (including electronic tolls) for heavy vehicles and cars.

 

ARTICLE 7 – ADMINISTRATION OF CUSTOMER DATA

Every request for the production or change of a Card (destruction of Cards, blocking of Cards and/or change of a Customer’s personal details, such as a change of address, name, contact persons, etc.) that is sent to Circle K Belgium in any written form (e.g. fax, post, email, etc.) is temporarily stored. The absence of Customer complaints concerning these productions and/or changes is equivalent to acceptance of said productions and/or changes. Once a period of two months has elapsed from the date the request was fulfilled, Circle K Belgium is released from any obligation to produce such written documents

 

ARTICLE 8 – LIABILITY

The Customer undertakes in all circumstances to take all necessary and useful precautions in order to keep the card in a safe place and/or preserve the confidentiality of the secret code(s) assigned to them. The Customer and/or Cardholder undertake, inter alia, to keep the Card and secret code in a secure place and separate from each other. They must also ensure that they do not write the secret codes on the Cards or on any document that is kept with or near the Cards. The Customer and/or Cardholder shall ensure that the confidentiality of the secret code is preserved each time they fill up with fuel. If these undertakings are not fulfilled, Circle K Belgium will be released from any liability in the event of fraudulent use of the Cards by the Customer and/or the Cardholder and/or a third party. The Customer is authorised to hand over one or more Cards to one or more Cardholders. In accordance with the personal data protection regulations, the Customer undertakes to inform the data subjects of their rights, including the right to access and correct their personal data. The Customer is fully responsible for ensuring that Cardholders comply with the provisions of the Contract, particularly those relating to the confidentiality of the assigned secret code(s) and payment for any purchases made using the Card, even in the event of the loss, theft, counterfeiting, forgery or fraudulent use of the Cards, or use that does not comply with the provisions of the Contract. In the event of fraudulent or non-compliant use, the Customer shall immediately notify and assist Circle K Belgium in determining the causes and identifying the party responsible for this non-compliant use. The Customer must notify Circle K Belgium of any fraudulent use of the Card within 15 days at the latest from the invoice date.

The network of electric charging stations includes charging terminals with different charging capacities. It is up to the Customer to check which type of charging terminal is appropriate for their vehicle and to use the charging terminal with care and common sense – in other words, in accordance with the instructions and rules for use of the charging terminal, the electric vehicle or the charging cable, as published by the Partner and by local charging terminal operators.

If, while using the charging terminal, the Customer notices any damage, faults or irregularities, they must notify the Partner (via the EV App) or local operator (using the contact details displayed on the charging terminal) as soon as possible.

With regard to filling up with LNG, the Customer gives an undertaking that the drivers of its vehicles have received sufficient training on procedures, risks and safety to enable them to fill up with LNG in an informed and careful manner at stations designated for this purpose.

Circle K Belgium is not liable for the information communicated by the Partner to the Customer via the EV application, nor for the availability or proper functioning of the electric charging stations operated by third parties, nor for any damage that may result from the use of these third-party charging stations by means of the card.

 

ARTICLE 9 – COST OF THE CARD

The Cards are provided free of charge, with the exception of any express courier costs as mentioned in article 4.1. Card requests (creation, deletion, blocking, modification, duplicates, etc.) that the Customer does not submit via the Site will be invoiced at an amount of €1 (excl. VAT) per Card. Production of a duplicate or production of a Card due to changes to the set parameters will be invoiced at an amount of €3 (excl. VAT) per Card. These amounts may be adjusted by Circle K Belgium at any time, subject to giving the Customer advance notice of one month.

 

ARTICLE 10 – PRICES OF PRODUCTS AND SERVICES

1. Fuel prices

For each tank fill-up in Belgium, the fuel will be invoiced as set forth in the Circle K Belgium list price in effect on the date of the transaction, minus any discount stipulated in the Membership Application. The list price is (on this day) the official price established within the framework of the Programme Contract. If the Programme Contract is no longer valid, the list price will be the sale price for the fuel as set by Circle K Belgium or by a mechanism that replaces the Programme Contract. For CNG and LNG, the price is set according to the price displayed at the pump or based on the list price. For any tank fill-up abroad, the fuel will be invoiced as follows, depending on the country where the tank is filled: either based on the list price that is in effect in the relevant country on the date of the tank fill-up, minus any discount stipulated in the Membership Application, or at the price displayed in the service station on the day of the tank fill-up. List price(s) can be viewed at any time on the Circle K Belgium Site. They may be modified at any time and without notice.

2. Electric charging

The cost of the charge is always paid by the Customer to Circle K Belgium. Charges vary depending on the speed and location of the charge. In addition to the cost of the charge, Circle K Belgium will impose a service fee as indicated in the Contract.

3. Circle K Belgium will collect a commission of 3% (excl. VAT) of the tax-inclusive transaction amount of the prices paid for tolls, bridges, tunnels, road taxes, markets of national interest and parking. The basis of calculation and the commission amount may be revised at any time and without prior notice.

4. The other products and services will be invoiced at the sale prices effective at the point of sale on the day the transaction is made.

5. The Optional Services to which the Customer has subscribed will be invoiced at the rates communicated to the Customer when it subscribed to these Services. Subject to the application of the general terms and conditions or of more specific terms of use, the flat-rate amount for each Optional Service shall be paid in advance on the monthly or annual anniversary of the fleet of Fleet Cards, and will not be reimbursed to the Customer, except in the event of termination due to a failure by Circle K Belgium to fulfil its obligations under the Contract. In that event, the reimbursement will be made pro rata temporis.

 

ARTICLE 11 – INVOICING

1. Circle K Belgium will issue invoices in electronic form according to the conditions described below. Circle K Belgium will be entitled to charge administrative costs to the Customer in the amount of €1.25 (excl. VAT) for each paper invoice that must be sent out. Unless Circle K Belgium specifies otherwise, invoicing is performed twice per month (24 times per year). Every invoice, duplicate or other document (for example, a reissue of the secret code) that must be re-sent at the Customer’s request, will entail administrative costs, payable by the Customer, in the amount of €10 (excl. VAT). In this respect, the Customer will ensure that it immediately informs Circle K Belgium of any change of invoicing details.

Transactions made in the Network in Belgium (including electric charges within the Network) and transactions made with Partners (with the exception of electric charges outside the Network) will be the subject of invoices (and/or debit notes) issued by Circle K Belgium. Transactions made outside of Belgium (including electric charges within the Network) will be the subject of invoices (and/or debit notes) from the country where the tank is filled: they are issued by the subsidiary of the Circle K Group in the relevant country (Netherlands, Luxembourg and Germany) or, if there is no subsidiary in the country where the tank is filled, the invoices are issued byCircle K International Card Center AB (ICC – Torkel Knutssonsgatan 24, SE-11888 Stockholm, Suède).

. Electric charges made outside the Network, in any country, are subject to invoices (and/or debit notes) issued by BE:MO Sasu (110, Esplanade du Générale de Gaulle, 92400 Courbevoie, R.C.S. Nanterre, VAT ID BE 0763 346 646).

They are issued in the currency of the country where the tank was filled or where the services were provided. For any conversion of a transaction amount between the currency of the country where the tank was filled and the Customer’s invoicing currency, the exchange rate valid on the date of the tank fill-up will be applied. The Customer will assume the exchange rate risk. In this situation, foreign invoices will be accompanied by an invoice statement on which, for information purposes, all of the invoiced amounts are totalled up and converted into euros (and/or debited where appropriate) at the exchange rate that is applicable on the day when the invoice is processed.

2. The Customer declares that they subscribe to the electronic invoicing and e-viewing service provided by Circle K Belgium on the terms and conditions set out below.

a) How the electronic invoicing service operates

The electronic invoicing service consists of sending to the Customer the invoices for the transactions performed using the Cards, in electronic format, via email. The authenticity of the origin and integrity of the content are guaranteed by means of an advanced electronic signature, which is generated from an electronic certificate belonging to Circle K Belgium. A duplicate of this invoice (and of the invoices of the last 18 months) may also be downloaded from the Site. The inputting of access codes will be tracked by the system and will constitute the connections log.

b) Subscription and cost

Electronic invoices will be produced free-of-charge by Circle K Belgium at the frequency set out in the contract. Circle K Belgium reserves the right to make minor adjustments to these price conditions or conditions of use, or even the right to return to issuing printed invoices sent by traditional postal means, without having to give prior notice or warning.

c) Circle K Belgium reserves the right to outsource all or part of the services that are the subject of this contract to any other company of its choice, with Circle K Belgium remaining solely responsible towards the Customer.

d) The Customer will provide Circle K Belgium with a valid and permanent email address for communications between itself and Circle K Belgium. The Customer is responsible for the validity of its email address and for updating any change of address via the Site. To do so it will use the “email address” function on the Site. If the Customer does not succeed in changing the email address, they should immediately send an email to cards.belgium@circlekeur.com or write to Circle K Belgium Service Cartes, Boulevard Anspach 1, bte 2, 1000 Brussels, to notify them of the failure to do so and advise them of the new email address.

e) The Customer undertakes to read and download invoices, and to check Circle K Belgium’ electronic signature and electronic certificate within three months from the date of their sending. The Customer shall request a duplicate of the invoice if it has not been sent within 10 working days from the invoice date.

f) Liability – Insurance

Circle K Belgium cannot be held liable for harm deriving from a failure by the Customer to fulfil its obligations. Similarly, Circle K Belgium cannot be held liable for the consequences of the Customer’s actions in its electronic environment.

Circle K Belgium cannot be held liable for any failure by the Customer to fulfil its obligations in terms of archiving invoices, electronic signatures and electronic certificates. Moreover, Circle K Belgium cannot be held liable for any incomplete or incorrect information contained in the EV App.

 

In the event of a proven material breach on its part in relation to invoicing, Circle K Belgium will be liable for any resulting harm suffered by the Customer, up to the amount of the direct consequences of the breach and within the following limits: in all cases where Circle K Belgium’ liability is established, the compensation amount payable, where applicable, to the Customer for all of the harm suffered is limited, for all causes and claims combined, per year, to the amount of VAT claimed by the tax authorities.

Circle K Belgium cannot be held liable, regardless of the circumstances, for any indirect and/or intangible harm, for example in the case of operating loss, loss of data, files or any other document entrusted to Circle K Belgium, or for loss of profits and other financial losses.

Circle K Belgium cannot be held liable if the basis, cause or origin of the breach is the telecommunications network, the connection equipment, the loss or theft of Site access codes, or the destruction thereof, by the Customer or a third party.

g) Evidence

The Customer agrees that, in the event of a dispute, the electronic invoices and certificates issued and stored by Circle K Belgium are admissible before the courts and will serve as evidence of the facts and data they contain, as well as of the signatures they bear.

The parties recognise that, in the event of a dispute, only one date may be taken as proof: that of the timestamp token provided by Circle K Belgium’ controlled system at the moment the invoice was issued.

The Parties recognise that the evidence of the connections will be established, as much as is necessary, based on the connections log that Circle K Belgium keeps updated, and the Customer accepts the probative value of these documents. The Customer accepts that it is accountable for any act performed on the Site from the moment they enter their password and the various preliminary identification steps have been duly performed.

 

ARTICLE 12 – PAYMENT

The Customer undertakes to pay the amounts owed, in full, within the periods and on the terms specified in the membership application. If the applicable special conditions provide for payment by SEPA (Single European Payment Area) direct debit, the information necessary for this direct debt will appear on the authorisation provided by the Customer for the SEPA direct debit. On each invoice the Customer will be reminded that the payment will be made by SEPA direct debit on the due date specified on the invoice. This invoice will therefore serve as a pre-notification of the SEPA direct debit.

Circle K Belgium reserves the right to set a credit ceiling upon concluding this Contract and at any time during its performance, and to subject the delivery of products, services and ancillary benefits to this ceiling. The ceiling amount fixes, for the whole of the customer account for the defined calendar period, the maximum amount of transactions relating to products and services acquired in service stations, based on the prices displayed in the service station. This means that transactions will be accepted in a service station provided the ceiling has not been reached. The ceiling may be modified by Circle K Belgium, particularly in the event of unpaid invoices, insolvency, if the agreed guarantees are not produced, or in the event of abnormal use of the Card. Circle K Belgium reserves the right to send payment reminders electronically and/or by SMS. Any amount that remains unpaid on the due date stated on the invoice shall, automatically and without prior formal notice, give rise to late-payment interest, pursuant to the Act of 2 August 2002 on combating the late payment of commercial transactions. In the event of unpaid bank transfers or direct debits, Circle K Belgium may charge non-payment fees of €10 (excl. VAT) per invoice, as well as reminder charges of €45 (excl. VAT) where applicable. Every late payment and/or partial payment of a single invoice shall give rise, automatically and without prior formal notice, to all sums owed by the Customer immediately becoming payable, even if they have not yet passed their due date. Circle K Belgium reserves the right not to grant the discount stipulated in the membership application for any future invoices. Circle K Belgium may also make any new supplies subject to this payment having been made, demand the return of the Cards and/or block them. Every transfer of a case to the Circle K Belgium departments that handle collection disputes generates processing fees of 5% of the outstanding amount. Every partial payment of the invoice is allocated firstly and automatically to the non-preferential part of the amount owed to Circle K Belgium. The Customer expressly accepts that the rights of subsidiaries of the Group Circle K they issue will be transferred to Circle K Belgium or any other company that takes its place. The Customer must fulfil its payment obligation vis-à-vis Circle K Belgium or any other company that takes its place and of which the Customer will be notified, and the guarantees or sureties issued will expressly cover these payments.

 

ARTICLE 13 – GUARANTEE

At the request of Circle K Belgium, the Customer shall give Circle K Belgium a guarantee to cover any non-fulfilment of its obligations, either at the time of signing the membership application or during the course of performance of the Contract. This guarantee shall remain valid throughout the full or remaining term of the Contract and at least three months after it expires. The guaranteed amount may be revised at any time at Circle K Belgium’ request. In the event that the Customer is no longer able to produce such a guarantee or if the guarantee becomes insufficient, Circle K Belgium reserves the right to cancel the Contract without prior notice. No later than two invoice due dates prior to the expiry of the bank guarantees or sureties, the Customer must produce the new guarantees or sureties that are necessary.

 

ARTICLE 14 – CLAIMS

The Customer undertakes to regularly check its invoices. Any claim or dispute concerning the amount, the discount or the nature of the operations listed in the invoices must be sent in writing to Circle K Belgium within 15 days from the date of the invoice (or debit note) and must be accompanied by supporting documents. No claim can justify non-payment by the due date of all or part of an invoice. Given the nature of the products and services, any claim concerning a defective Product or Service must be communicated to Circle K Belgium by the Customer within one week of discovery of the defect. If Products and/or Services are supplied outside of the Circle K Belgium Network, Circle K Belgium’ only responsibility shall consist of passing on the complaint as quickly as possible to the entity responsible for the Point of Sale at which the Product and/or Service concerned was supplied. Circle K Belgium cannot be held liable for any harm suffered by the Customer and caused by Petroleum Products in the Network not belonging to Circle K Belgium, or by Products other than Petroleum Products or Services.

 

ARTICLE 15 – LIABILITY – FORCE MAJEURE

When the Customer invokes the liability of Circle K Belgium, the Customer may not under any circumstances claim compensation for indirect harm, in other words, commercial or financial harm such as a capital loss, an increase in costs, the loss of customers or of an expected benefit, a disruption of schedule, or legal proceedings or complaints brought by third parties.

Besides those already defined by case law, the following are regarded as cases of force majeure that release Circle K Belgium from liability: war, embargos, riot, blockades, civil unrest, acts of violence, technical malfunction, any events that disrupt the supply of refineries or transport conditions, strikes, natural disasters, fire and explosions. The performance of the Contract shall remain suspended for the parties for as long as the force majeure event persists.

In the event of an increase in salaries, taxes, duties, levies, transport or insurance costs, an increase in the cost of raw materials required for production, or any other cause likely to influence the cost price, Circle K Belgium reserves the right to increase the contract price proportionally.

In the event of disruption of the normal market for petroleum products by decision of any authority or unforeseeable event, Circle K Belgium may suspend any special conditions derogating from the present General terms and conditions.

The Customer shall have the right to terminate the contract without compensation if the application of the present provision lasts for more than three months from the start of the suspension or limitation exercised.

 

 

ARTICLE 16 – ASSIGNMENT

Circle K Belgium may transfer all or part of its rights and obligations under this Contract at any time to any subsidiary in the Circle K Group. The Customer is prohibited from transferring or assigning, in any way, all or part of its rights and obligations that derive from this Contract.

Circle K Belgium will however be entitled to assign all or part of the outstanding debts owed to it under the Contract, in the context of factoring or equivalent operations. If applicable, Circle K Belgium will be entitled to disclose to the assignee the contractual data that the latter needs for this purpose without this constituting a breach of the confidentiality obligation set forth in article 7 of the Contract.

 

ARTICLE 17 – TERM/CANCELLATION

1. The contractual relationship between Circle K Belgium and the Customer that is governed by the General Terms and Conditions and the Membership Application will take effect on the date of notification of acceptance of the Membership Application or, at the latest, on the date on which the Cards are sent to the Customer. This Contract is entered into for a term of three years and can be tacitly renewed for successive periods of one year. On each expiry date, either party may terminate this Contract subject to advance notice of one month by sending a registered letter with acknowledgement of receipt to the other party, provided that each party has paid all of the amounts owed to the other party relating to transactions performed using the Cards. If the Customer wishes to terminate this Contract prematurely, they must pay a lump sum to Circle K Belgium to cover administrative costs, which will be calculated as follows: €10 (excl. VAT) per Card and per month up to the next expiry date of the Contract.

2. Circle K Belgium may, automatically and without judicial intervention, suspend the validity of the Customer’s Card(s) by requesting their cancellation or terminating the contractual relationship if the Customer fails to comply with the General Terms and Conditions, in the event of non-payment of an invoice, if the line of credit has been exceeded, in the event of the manifest insolvency of the Customer, if the requested payment guarantees are not presented, or in the event of abnormal use of the Card. These measures may be taken without prior notice and without prejudice to any compensation that Circle K Belgium may be entitled to.

 

ARTICLE 18 – SPECIFICITY AND CONFIDENTIALITY OF THE PRICE CONDITIONS

The Price Conditions that apply to the Customer are reserved strictly for that Customer, who undertakes to keep them strictly confidential. The Customer is solely liable vis-à-vis Circle K Belgium for any breach of the confidentiality obligation stipulated in this article. This confidentiality obligation shall persist for a period of two years after the expiry of the Contract. The Customer undertakes to pay to Circle K Belgium lump-sum compensation of €10,000 excl. VAT per breach of this clause and shall do so without prejudice to Circle K Belgium’ right to claim compensation for any and all damage suffered as a result of such a breach.

 

ARTICLE 19 – APPLICABLE LAW – JURISDICTION

Any disputes that may arise are subject to Belgian law, and the courts and tribunals of the Brussels judicial district have jurisdiction.

 

ARTICLE 20 – PERSONAL DATA PROTECTION

 1. GENERAL

Within the framework of the Contract, personal data (hereinafter referred to as "personal data") shall be processed. Circle K Belgium is controller for the processing of data related to the performance of the Contract and the follow-up of the commercial relationship with the Customer. In accordance with the regulations in force related to the processing of personal data and in particular Regulation 2016/679 (GDPR), (hereinafter "Applicable Regulation"), Circle K Belgium processes personal data for the purposes of production and customising Cards or toll badges, billing and providing ancillary services. The legal basis for the processing is the performance of this Contract.

Personal data is reserved for the use of Circle K Belgium and may only be transferred to companies of the Circle K Group or to service providers involved in the management and production of the Cards and the provision of ancillary services. Insofar as, where applicable, data is transferred outside the European Economic Area for the purpose of performing the Contract, Circle K Belgium ensures that the transfer is accompanied by an adequate level of protection. More specifically, Circle K Belgium applies the Standard Contractual Clauses (SCC) and/or its Binding Corporate Rules to ensure data protection.

Data will be stored by Circle K Belgium for the duration of the Contract and for 5 years after its expiry, subject to any legal obligations.

In accordance with the regulations in force, all individuals have the right to access, correct, delete their personal data, the right to object or restrict the processing of the data and the right to data portability. These rights may be exercised by contacting Circle K Belgium, either by mail: Circle K Belgium SA, Legal - Data Protection Officer, –Boulevard Anspach 1, Bte 2, Brussels, or by e-mail: privacy@circlekeurope.com.

2. PROFESSIONAL CUSTOMERS

When processing personal data in the context of the execution of the Contract, each of the Parties undertakes to comply with the Applicable Regulation. The Parties acknowledge that they each act as autonomous data controllers and that they determine independently of each other the means and purposes of the processing operations they carry out. Consequently, they shall implement the appropriate measures, in particular to preserve the security, integrity and confidentiality of the personal data processed in the context of the performance of the Contract. For processing data related to the management of the Customer's fleet, Circle K Belgium and the Customer are joint controllers. The means, the purposes of the processing and the allocation of the Parties' respective tasks are determined in the Contract.

 

ARTICLE 21 - ECONOMIC SANCTIONS

Each of the Parties undertakes to perform the Contract in strict compliance with the applicable economic sanctions regulations, namely, any law, regulation, embargo or other restrictive measure relating to economic sanctions and export controls applicable to the Parties, adopted, administered, imposed or enforced by the European Union and/or the French Republic through the Direction Générale du Trésor (DGT) and/or the U.S. Government through the Office of Foreign Assets Control (OFAC) of the U.S. Treasury and/or the Bureau of Industry and Security (BIS) of the U.S. Department of Commerce. No Party shall be obligated to perform its obligations under the Contract if such performance constitutes or could constitute a violation of, or be inconsistent with, or expose such Party (hereinafter the "Affected Party") to sanctions under the Sanctions Regulations. In such case, the Affected Party shall promptly notify the other Party in writing of its inability to perform such obligations. In doing so, the Affected Party may choose either (i) to suspend the performance of the relevant contractual obligations for as long as the impossibility persists, or (ii) to terminate the Contract.