Specific conditions Diplomatic Service
Article 1 - Purpose
Any use of the Diplomatic Service offered by Circle K Belgium, including Duty Free Diplomatic Fleet Cards, implies the acceptance by the user :
the specific Diplomatic Service conditions below;
as well as the general terms and conditions of Cartes Fleet, insofar as they are not derogated from by these specific Diplomatic Service terms and conditions.
The purpose of these Diplomatic Service specific terms and conditions is to define the specific terms and conditions of operation of the Diplomatic Service, namely the purchase of fuel and other goods and services, and the use of the Diplomatic Duty Free Fleet Card (hereinafter the "Card").
Article 2 - Conditions of use of the diplomatic service
The diplomatic service is exclusively reserved for natural persons and legal entities benefiting from an excise and vat exemption (the "Customer") as organized by :
- article 20, 7° to 10° of the general law on customs and excise of July 18, 1977, - articles 33 to 35 of the ministerial decree of February 17, 1960 regulating duty-free allowances,
- article 42, § 3, first paragraph, 1° or 2° or 3° or 4° or 5° of the value-added tax code of July 3, 1969.
Registration for the diplomatic service is :
- either on a personal/private basis (use of one or more vehicles registered in the name of the individual concerned),
- or on an official basis (use of one or more vehicles registered in the name of the said legal entity [embassy, permanent delegation, permanent representation, mission, consulate, etc.]).
The Customer undertakes to use the diplomatic service, including the Card, within the limits of his personal use and/or official use within the mission/organization to which he belongs. The Customer shall pay for the purchase of products when the Cards are used by third parties, whether such purchases are made for personal or official use.
The Customer undertakes to inform Circle K Belgium in advance in writing, preferably by e-mail to ck.diplomatic@circlekeur.com, of any changes concerning his/her identification documents, change of address, change of bank account number and any change likely to have an impact on his/her right to benefit from the exemption from excise duty and vat.
Circle K Belgium reserves the right to revoke/block the Card in the event of non-compliance with these General Terms and Conditions and/or these Diplomatic Service Specific Terms and Conditions, in the event of fraudulent or abnormal use by the Customer or by a third party, in the event of non-payment or recurring insolvency of the Customer, and this, without any prior notification and without prejudice to Circle K Belgium's right to claim damages.
Article 3 - Extranet site
Customer registration for Diplomatic Service is carried out via a secure Internet site ("the extranet") using the Customer's protocol file number, e-mail address, first name, surname, telephone number and postal address.
As soon as they join, and subject to prior communication of their e-mail address, surname, first name and telephone number, customers can access the diplomatic service customer area at the following URL: diplomatic.circlek.be.
The extranet is secured and encrypted in https mode and can therefore only be accessed after entering an identifier (i.e. e-mail address) provided by the Customer to Circle K Belgium and a password provided by Circle K Belgium when first connecting to said extranet. The extranet allows the Customer to consult the status of its fleet and to access additional services. Any use of the Site and the Extranet implies unreserved acceptance of the specific terms and conditions of use which govern it and which are accessible from its home page.
The optional services referred to in Article 6 of the Cartes Fleet General Terms and Conditions are not available to users of the Diplomatic Service.
Circle K Belgium provides its customers with free assistance during working days and hours, from 9am to 5pm, Monday to Friday, by telephone on +32 2 288 35 81 or by e-mail at the following address: ck.diplomatic@circlekeur.com.
The Cartes Fleet General Terms and Conditions apply to the data retention period and the protection of personal data collected in connection with the operation and use of the Diplomatic Service and the Diplomatic Duty-Free Cards.
Article 4 - Use of Cards
4.1 Card validity
The Smart Card remains valid for four (4) years from the month of issue of the Card, i.e. after validation of the Diplomatic Protocol number by SPF Finance. An invalid or blocked Card may be retained or confiscated by the point of sale.
The Customer remains responsible for the Card(s) and its/their use until expiry of its/their validity.
The Card is automatically blocked as soon as SPF Finance receives a termination notice.
4.2 Dispatch and activation of Card(s)
The Card(s) will be sent to the Customer and activated, provided that Circle K Belgium is in possession of a valid application via the website approved by the competent administration (Federal Public Service Finance - General Administration of Customs and Excise).
The Card will be delivered to the Customer only after electronic acceptance of these specific Diplomatic conditions and the general Cartes Fleet conditions.
Circle K Belgium must first be in possession of a valid and active direct debit on the customer's account. Payment by bank transfer is only available for the official use of the diplomatic mission.
The issue of a manual voucher as per article 4.3 of the Cartes Fleet general terms and conditions is not possible for Diplomatic Service users.
4.3 Purchase of goods and services
The Card gives access to tax-free fuel and electric recharging, for which VAT is applicable. Quantities of tax-free fuel are in accordance with and limited by the rules and procedures defined by the S.P.F - Finances - Administration générale des douanes et accises. The purchase of tax-free fuel is limited to Belgian territory, as defined by the aforementioned competent authority. Quantities of tax-free fuel not consumed within the period granted by the S.P.F. Finance are definitively lost.
Article 5 - Loss or theft of the Card
In the event of loss or theft of one of the Cards, the Customer must immediately block the use of the Card by calling Circle K Belgium during working days and hours, from 9am to 5pm, Monday to Friday, on +32 2 288 35 81 or by calling the Circle K Belgium Card Service on +32 288 94 00 (24/24h - 7/7). All requests must be confirmed by e-mail to ck.diplomatic@circlekeur.com, stating the Customer's name and number, the number of the lost or stolen Card(s), the telephone number and the time slot during which the Customer can be contacted. As stated in article 8 of the Fleet Card general terms and conditions, "Where applicable, the Customer undertakes in all circumstances to take all necessary precautions to keep the Card in a safe place and/or to safeguard the confidentiality of the secret code(s) assigned to it. In particular, the Customer and/or the Cardholder undertake(s) to keep the Card and the secret code(s) separate and in a safe place. code. In particular, he/she/they shall not write the secret code(s) on the Card(s) or on any document accompanying the Card(s) or in the vicinity of the Card(s). In particular, the Customer and/or Cardholder shall ensure that the secret code is kept confidential each time fuel is taken.
Article 6 - Product price and payment
Article 10 of the Cartes Fleet General Terms and Conditions applies to the Diplomatic service insofar as it is not derogated from by the specific Diplomatic terms and conditions.
Fuels will be invoiced at the official prices set out in the program contract, in force on the date of purchase of the products, after deduction of excise duty and value-added tax. Only fuels for which the Customer has obtained validation when registering online will be invoiced free of excise duty and value-added tax and are limited to Belgian territory. Fuel purchases for which Circle K Belgium does not receive approval from the competent authority will be invoiced including excise duty and value added tax by means of a specific invoice.
Goods and services such as electric recharging, for which value-added taxes are applicable, will be invoiced separately.
Electric recharging is subject to a monthly fee of €1.80 excluding VAT for the Card, plus a charge of €0.80 excluding VAT per transaction carried out on the public recharging network. The cost of electric recharging is shown on the periodic invoice issued by BE:MO SASU and its partners, in accordance with the agreed invoicing terms.
The cost of a charge (€/kWh and/or €/min.) is determined by the local Charge Point Operators. These rates are fixed and vary according to zone and recharging speed. If the Duty Free Fleet Diplomatic Card is used to recharge the vehicle on the network, the information provided by the Charge Point Operator concerning the Customer's consumption and the rates applied by the operator are binding. The Customer is obliged to pay Circle K Belgium the relevant amounts.
Circle K Belgium will send invoices in electronic form. Notwithstanding Article 11 of the Cartes Fleet General Terms and Conditions, and at the Customer's request, Circle K Belgium may send paper invoices at no additional cost to the Customer.
In the event of non-payment by an individual Customer for his/her personal/private use, Circle K Belgium reserves the right to contact the mission/organization to which he/she belongs and to claim from it the amount of payments due. By communicating its protocol number to Circle K Belgium under these specific Diplomatic Service conditions, the mission/organization undertakes to do so without reservation.
Article 7 - Cancellation
The product quotas linked to the Diplomatic Duty Free Fleet Card issued to Circle K Belgium cannot be cancelled or returned to the Customer under any circumstances.
Circle K Belgium reserves the right to revoke/block the card in the event of non-compliance with its general terms and conditions and/or these specific Diplomatic Services terms and conditions, in the event of fraudulent or abnormal use by the Customer or by a third party, in the event of non-payment or recurrent insolvency of the Customer, and this, without any prior notification and without prejudice to Circle K Belgium's right to claim damages. The Client undertakes to inform Circle K Belgium before the end of its diplomatic mission in Belgium by written notification to the following address: Boulevard Anspach 1, box 2 - 1000 Brussels or by e-mail to ck.diplomatic@circlekeur.com. The Cards must be cut in half by the Customer and returned to Circle K Belgium. During this transition period, and/or after the end of the diplomatic mission, fuel purchases for which Circle K Belgium does not receive approval from the competent authority will be invoiced inclusive of excise duty and value added tax by means of a specific invoice.
Circle K Belgium reserves the right to terminate the contractual relationship without notice in the event of a revision of the regulations in force which would modify the principle or the terms of the excise duty exemption or the VAT exemption enjoyed by the Customer, and this, without prejudice to the possibility of claiming any damages caused to Circle K Belgium.
General terms and conditions : Fleet B2B Cards
ARTICLE 1 - PURPOSE
The purpose of these General Terms and Conditions is to define the terms and conditions for the operation and use of the Circle K Belgium S.A. Fleet Card (the "Card"), which allows the purchase of the products and services indicated in Article 3, in a network of Circle K Belgium points of sale (the "Network"). In order to offer the Customer the widest possible range of public charging points for electric vehicles within the Network, Circle K Belgium S.A. (hereinafter referred to as "the Supplier") enters into one or more partnerships with specialized service providers (the "Partner"). The Network's point-of-sale guide is available on the Supplier's website. Electric charging points can be found via the dedicated mobile application (the "Application-EV"). The general terms and conditions, the membership application, any amendments and the initial request for Cards constitute the "Contract".
ARTICLE 2 - MODIFICATIONS
The Supplier reserves the right to amend the general terms and conditions at any time. In the event of non-substantial modification of the general terms and conditions, the Supplier may inform the Customer by a simple notice on an invoice. The latest version will be available on request. For any revision involving substantial modifications, the new conditions will be sent in full to the Customer in writing or by e-mail. If no objection is received within ten working days of the revised terms and conditions being sent, the Customer will be deemed to have accepted them unreservedly. Any modification that the Customer may wish to make to these general terms and conditions must be expressly accepted by the Supplier in writing beforehand.
ARTICLE 3 - PRODUCTS AND SERVICES
The products and services accessible by means of the Card and which may be capped are as follows:
any fuel available at points of sale, including electric vehicle recharging (see article 5),
lubricants, products and services offered at sales outlets,
services ancillary to travel (in particular tolls, electronic toll collection, parking, road taxes, breakdown assistance, maintenance services, etc.).
The delivery of products and services is an obligation of means for the Supplier. The Supplier cannot therefore be held responsible for any temporary or permanent unavailability of products and services at one or more points of sale. The Supplier may at any time add to or modify the above-mentioned range of products and services, which may give rise to the issue of a new Card. The transfer of risk for these products to the Customer takes place when they are collected from the point of sale. Given the nature of the products and services, any claim relating to a defective product or service must be notified to the Supplier in writing within one week. This complaint must be accompanied by supporting documents. In the event that products and/or services have been supplied outside the Network, the Supplier's responsibility will be strictly limited to forwarding the complaint as soon as possible to the entity responsible for the point of sale where the product and/or service was supplied.
ARTICLE 4 - CARD OPERATION
1. Issuance
After examination and acceptance of a membership application, the Supplier will open an account in the Customer's name and provide him/her with the number of Cards requested, to which will be attached one or more secret codes communicated by separate mail. The opening of a customer account entails the invoicing of a flat-rate administrative fee of €15 excluding VAT. Each Card will identify the Customer and/or the vehicle registration and/or the Cardholder to which it is attached. The information on the Card and/or on the detailed statement provided at the Customer's request is for information purposes only. If, at the Customer's request, Cards or secret codes have to be sent by express courier, the flat-rate cost of €25 (excl. VAT) will be borne by the Customer.
2. Validity
The Card remains valid up to and including the last day of the month of validity indicated on it. An invalid Card may be retained or confiscated by the point of sale. One month before the expiry of the Cards, new Cards will automatically be sent unless the Customer or the Supplier gives written notice to the contrary. For any Card not used during the first three months of the six-month period preceding the expiry date, the Customer must apply to the Supplier for renewal. The Customer remains responsible for the Card until its validity expires.
3. Use
The Cards are the property of the Supplier and may under no circumstances be transferred to a third party without the Supplier's prior consent. They are reserved for the professional use of the Customer. To validate the purchase of any product or
service, the Card must be used in conjunction with its secret code, barring exceptions (notably tolls, electronic toll collection and electric recharging) or technical/IT problems which will result in the creation of a manual voucher incorporating a copy of the Card's imprint. Such use gives the Supplier the right to debit the Customer's account. At the cardholder's request, the point of sale may issue a receipt for the transaction. The point of sale may require the cardholder to sign this receipt.
4. Custody of Cards and Duplicates
The Customer shall have custody of the Cards entrusted to him. As such, he will take all necessary measures to prevent loss, theft, damage or fraudulent use. The Customer shall be responsible for the use of the Cards allocated to him, either by himself or by a third party. Subject to the provisions of articles 4.5 and 7 below, the Customer acknowledges that, in particular, he/she is liable to the Supplier for payment of any Products or Services obtained using a Card allocated to him/her, even in the event of loss, theft or fraudulent use by a third party. At the Customer's request, or if a Card is blocked, the Supplier may issue one or more replacement Cards, called duplicates, with the same characteristics as the original Card and the same secret code. The Customer will remain liable for transactions made with the original Card, referred to as a lower-ranking Card.
5. Opposition
In the event of loss, theft or fraudulent use of any Card, the Customer must notify the Supplier immediately by telephone or via any call center indicated to him for this purpose, with confirmation by e-mail or registered letter with acknowledgement of receipt within two working days, accompanied by the declaration of loss or theft which he has previously made to the competent police authorities. The date on which the e-mail or letter is sent shall be taken as the date on which the liability period described below is calculated. The Customer's liability towards the Supplier shall cease at midnight (00:00) on the working day following the day of receipt of the written confirmation of loss or theft. After this time, the Customer is no longer liable for purchases made with the Card unless :
the Customer has passed the Card on to an unauthorized third party,
the Customer or Cardholder has lost the Card through negligence,
the Customer has failed to comply with the Supplier's instructions to destroy or return the Card,
the Customer has not taken the necessary measures to safeguard the confidentiality of the code,
the Customer has not taken the necessary measures to prevent fraudulent use of the Card.
If the loss, theft or fraudulent use results in whole or in part from the fault or negligence of the Customer or a Cardholder, the Customer's liability period will be extended to 12 working days. The Customer undertakes to provide the Supplier with any information relating to the disappearance or improper or fraudulent use of any Card. The Customer undertakes to return to the Supplier any Card which has been blocked and subsequently found and undertakes not to use it. In the event of abnormal use of the Card, the Supplier reserves the right to block the Card, without entitling the Customer to any damages.
6. Return
Cards must be returned immediately by the Customer upon simple request by the Supplier or spontaneously in the event of bankruptcy, cessation of activity or termination of the contractual relationship. Without prejudice to any damages that the Supplier may obtain, the use of a Card after its expiry date, or after it has been blocked, or the termination of the Contract for any reason whatsoever, may give rise to civil or criminal legal proceedings.
ARTICLE 5 - ELECTRIC RECHARGING
The Supplier provides the Customer with a wide range of public recharging points in Europe, enabling him to recharge electric vehicles (recharging points available via the EV Application). The Customer who has concluded an electric recharging contract with the Supplier may, after receiving the Card, create an account on the EV Application.
ARTICLE 6 - OPTIONAL SERVICES
One or more optional services may be subscribed to by the Customer in the membership application or by means of a subsequent application. The Supplier reserves the right to create new optional services, and to modify or cancel existing optional services.
For each optional service, the Customer will pay a fee per Card or a flat-rate fee for all Cards, the frequency of which is determined at the time of subscription to the service, and the amount of which may be marginally revised by the Supplier. Subscription to optional services is for an indefinite period. Either party may terminate one or more optional services at any time by e-mail or letter, subject to one month's notice. Termination or invalidity of the subscription to one or more optional services has no effect on the existence of the Contract. Termination of the contractual relationship for any reason whatsoever shall automatically and without prior formality entail termination of the subscription to the optional services.
1. The Supplier's Customer Area
Upon registration, and subject to prior communication of his e-mail address, surname, first name and telephone number, the Customer may access the Supplier's Customer Area from the following url address: https://fleetportal.circlek.be ("the Site"). The Site is secured and encrypted in SSL mode.
accessible only after entering an identifier supplied by the Supplier and a password chosen by the Customer when first connecting to the Site. In particular, the Site enables the Customer to consult the status of his fleet, and to access the additional or optional services subscribed to. Any use of the Site implies unreserved acceptance of the specific general conditions of use governing the Site, which are accessible from the home page.
2. Optional VAT Recovery Service
This service involves entrusting a provider with the task of recovering the VAT paid for certain purchases made abroad by the Client. Subscribing to this service requires the signing of a specific Contract.
3. Optional 24/7 Security Service
This service offers protection against risks related to the loss or theft of Cards, according to the terms outlined below:
The Client's liability to the Provider will be relieved upon the Provider’s receipt of the phone call to the call center (via a dedicated phone number provided when the Card is sent) or upon the opposition of the Card on the Site, regardless of the time and day of the loss, theft, or fraudulent use, provided that written confirmation is sent within two business days, accompanied by a loss, theft, or fraudulent use report filed with the relevant authorities.
Transactions possibly made by third parties using the Card, after the time of the Provider’s receipt of the phone call or the opposition of the Card on the Site, will be reimbursed by the Provider to the Client within 45 business days after presentation of the detailed billing statement, up to a limit of €1500 including VAT per opposed Card.
This optional service is not available for Cards that allow electric recharging.
4. Optional Billing Documents Service
This service allows the Client to download or view from the Site:
Their billing files in .csv, Excel, or .txt formats, available from the third business day following the billing date.
Their daily transactions based on transactions received by the Provider the day before the consultation, downloadable in Excel format.
The "TID" service allows the Client to obtain, at regular intervals, an electronic file of their transactions. This file contains all the elements of their invoice: all types of transactions, summaries, etc. This file is transmitted through the Site.
The "TID Guide" providing the technical description of the billing files.
This optional service is not available for Cards that allow electric recharging.
5. Optional Reporting Service
This service allows the Client to access from the Site a budget follow-up, a summary per Card and per expense, and for Clients who have opted for Cards with mileage entry, a consumption state per 100 Km per Card.
This optional service is not available for Cards that allow electric recharging.
6. Optional Alerts and Anomalies Service
This service allows the Client to obtain from the Site anomaly reports defined based on customized criteria per Card (hereinafter "Anomalies").
Fuel transactions made with Cards that are contrary to the customized criterion/criteria will appear as Anomalies the day after they are received by the Provider. The Client will be informed by email at the email addresses previously set up on the Site. In all cases, these transactions are only qualified as Anomalies by the Client and cannot be contested by the Client with the Provider regarding their execution and payment.
This optional service is not available for Cards that allow electric recharging.
7. Truck Assistance
This service provides European-scale assistance to the Client in case of breakdowns for vehicles over 3.5T.
Membership in this service occurs automatically upon its use by the Client, under the conditions provided in the Truck Assistance general terms.
8. Ancillary Travel Services
Subject to signing a specific contract, the Client can subscribe to ancillary travel services, including (tele)toll services for trucks and cars.
ARTICLE 7 – ADMINISTRATION OF CLIENT DATA
Any request for the creation of a Card or modification (deletion of Cards, opposition of Cards, and/or modification of client identification data, such as change of address, name, contact persons, etc.) transmitted to the Provider by any written means (including fax, mail, email, etc.) is temporarily stored. The absence of a Client complaint regarding these creations and/or modifications constitutes validation of said creations and/or modifications. Beyond a period of 2 months from the date the request is fulfilled, the Provider is released from any obligation to produce these writings.
ARTICLE 8 – LIABILITY
If applicable, the Client undertakes, under all circumstances, to take all necessary precautions to keep the Card in a safe place and/or to maintain the confidentiality of the secret code(s) assigned to them. The Client and/or Cardholder(s) specifically undertake to keep the Card and the secret code in separate and safe places. They will ensure, in particular, not to write the secret codes on the Cards or on any document accompanying the said Cards or located near them. The Client and/or the Cardholder(s) must specifically maintain the confidentiality of the secret code each time fuel is taken. In case of non-compliance with these commitments, the Provider is released from any liability in case of fraudulent use of the Cards by the Client and/or the Cardholder(s) and/or a third party. The Client is authorized to hand over one or more Cards to one or more cardholders. They undertake, where appropriate, to inform the concerned persons of their rights under the personal data protection regulations, including the right to access and rectify their personal data. The Client remains fully responsible for the compliance with the provisions of the Contract by the said cardholders, especially regarding the confidentiality of the secret code(s) assigned, the payment of any transaction made using a Card, even in case of loss, theft, counterfeiting, falsification, fraudulent or non-compliant use of the Contract. In case of non-compliant or fraudulent use, the Client undertakes to immediately inform and assist the Provider in finding the causes and the responsible party for this non-compliant use. The Client must inform the Provider of the fraudulent use of the Card no later than 15 days from the invoice date.
The electric charging network includes charging stations with different charging capacities. It is the Client's responsibility to verify which type of charging station is suitable for their vehicle and to use the charging station prudently and responsibly. That is, in accordance with the instructions and usage rules of the charging station, the electric vehicle, or the charging cable as published by the Partner and by the local operators of the charging stations. If, during the use of the charging station, the Client notices any damage, defects, or irregularities, they must report it as soon as possible to the Partner (via the EV Application) or to the local operator (via the contact details provided on the charging station).
Concerning LNG refueling, the Client undertakes to ensure that their vehicle drivers have received training in procedures, risks, and safety, enabling them to refuel LNG in an informed and safe manner at the designated stations.
The Provider is not responsible for the information communicated by the Partner to the Client via the EV Application, nor for the availability or proper functioning of electric charging stations operated by third parties, nor for any damages that may result from the use of these third-party charging stations with the Card.
ARTICLE 9 - CARD COST
The provision of Cards is free, except for any express delivery charges referred to in Article 4.1. Card requests (creation, deletion, opposition, modification, duplicates, etc.) not entered by the Client via the Site will be charged at €1 excluding VAT per Card. The production of a duplicate or the production of a Card due to parameter changes will be charged at €3 excluding VAT per Card. These amounts may be adjusted at any time by the Provider, subject to one month's notice to the Client.
ARTICLE 10 - PRODUCT AND SERVICE PRICES
Fuel Prices
For any transaction in Belgium, fuels will be billed at the Provider's list prices in effect on the transaction date, minus any discount stipulated in the membership application. The list price is (currently) the official price set under the Program Contract. If the Program Contract is no longer in force, the list price would be the selling price of fuels set by the Provider or by a mechanism substituting the Program Contract. For CNG and LNG, the price is set according to the pump price, either based on the list price. For any transaction abroad, fuels are billed, depending on the country of withdrawal, either based on the list price applicable on the transaction date in the country of withdrawal minus any discount stipulated in the membership application or at the station's posted price on the day of withdrawal. The list price(s) can be consulted at any time with the Provider via the Site. They are subject to change at any time without notice.
Electric Charging
The cost of charging is always paid by the Client to the Provider. Rates vary depending on the speed and location of the charge. In addition to the cost of charging, the Provider will charge a service fee as indicated in the Contract.
Tolls, Bridges, Tunnels, Road Taxes, National Interest Markets, and Parking Prices
The Provider will charge a commission of 3% excluding VAT on the total VAT amount of transactions. The calculation basis is subject to change at any time without notice.
Other Products and Services
They will be billed according to the selling prices practiced by the point of sale on the day of the transaction.
Optional Services
The optional services to which the Client has subscribed or adhered will be billed at the rates communicated to the Client at the time of subscription or adhesion to these Services. Subject to the application of more specific general conditions or usage, the payment of the fee for each Optional Service is made in advance, monthly or annually on the Fleet Cards' anniversary date and will not be refunded to the Client except in case of termination for the Provider's failure to meet contractual obligations. In this case, the refund will be prorated.
ARTICLE 11 – BILLING
Electronic Billing
The billing issued by the Provider will be in electronic form under the conditions described below. The Provider may charge the Client administrative fees of €1.25 excluding VAT per invoice that should be sent on paper. Unless otherwise specified by the Provider, billing is done twice a month (24 times a year). Each invoice, duplicate, or other document (including reissuing secret codes, etc.) that must be reissued at the Client's request will incur administrative fees of €10 excluding VAT to be charged to the Client. In this regard, the Client must inform the Provider immediately in case of changes in billing information.
Transactions made in the Network in Belgium (including electric recharges in the Network) and transactions made with Partners (except for electric recharges outside the Network) are invoiced by the Provider.
Transactions (including electric recharges in the Network) made outside Belgium are invoiced per country of withdrawal, issued by the Provider's subsidiary in the concerned country (Netherlands, Luxembourg, Germany), or - in the absence of the Provider's subsidiary in the withdrawal country - invoices are issued by Circle K International Card Center AB (ICC – Torkel Knutssonsgatan 24, SE-11888 Stockholm, Sweden).
Electric transactions at "at home" charging stations - under a contract between the CLIENT and TotalEnergies regarding home charging and employee reimbursement - will be invoiced by TotalEnergies Marketing Belgium (Bld Anspach 1, bte 2, 1000 Brussels VAT BE0403.063.902).
Electric transactions made outside the Network, in any country, are invoiced by BE
Sasu (110, Esplanade du Générale de Gaulle, 92400 Courbevoie, R.C.S. Nanterre, VAT ID BE 0763 346 646).
Invoices will be issued in the currency of the country of withdrawal or service provision. For any currency conversion of the transaction amount between the withdrawal country currency and the Client’s billing currency, the exchange rate on the withdrawal date will be applied. The Client will bear the exchange risk coverage. In this case, invoices per country are accompanied by a total and converted invoice statement in euros, as an indication, of the invoiced amounts (and/or where applicable debited) at the exchange rates in effect on the invoice processing day.
In any event, the Client is required to pay the full invoice amount to the Provider's bank account, regardless of the invoice issuing entity.
Electronic Billing Service Subscription and Cost
The Client subscribes to the electronic billing and e-viewing service provided by the Provider under the conditions and terms defined below.
a) Functioning of the Electronic Billing Service
The electronic billing service consists of sending the Client the invoices for transactions made using the Cards in electronic format, by email. The authenticity of its origin and the integrity of its content are guaranteed by an advanced electronic signature, produced from an electronic certificate specific to the Provider. A duplicate of this invoice (and invoices from the last 18 months) can also be downloaded from the Site. Access code entry will be traced by the system and will constitute the connection log.
b) Subscription and Cost
The electronic invoices will be produced free of charge by the Provider at the frequency provided in the Contract. The Provider reserves the right to marginally modify these tariff or operating conditions or to return to printed billing sent by traditional postal means without notice or prior warning.
c) Subcontracting
The Provider reserves the right to subcontract all or part of the services covered by the Contract to any other company of its choice, while remaining solely responsible to the Client.
d) Client's Responsibility
The Client undertakes to provide the Provider with a valid and permanent email address for its relations with the Provider. The Client remains responsible for the validity of its email address and its update via the Site in case of change. To do this, they will use the "Email Addresses" function on the Site. If the Client is unable to change the email address, they must promptly send an email to ck.cards.belgium@mail02.circlekeur.com or a letter to Circle K Belgium, Mobility Solutions, Boulevard Anspach 1 box 2, 1000 Brussels to notify the failure as well as the new email address.
e) Invoice Handling
The Client undertakes to review the invoices, download them, verify the electronic signature, and the Provider's electronic certificate within three months from the dispatch. The Client undertakes to request a duplicate invoice if it has not been sent within 10 business days from the billing date.
f) Liability - Insurance
The Provider cannot be held liable for damages resulting from the Client's failure to comply with its obligations. Therefore, the Provider cannot be held responsible for the consequences of the Client's interventions on their electronic environment.
The Provider cannot be held liable for any failure by the Client to meet its invoice archiving obligations, signatures, and electronic certificates. Additionally, the Provider cannot be held responsible for any incomplete or inaccurate information included in the EV Application.
In case of a proven substantial fault on its part in the context of billing, the Provider will be liable for the damage resulting to the Client, to the extent of the direct consequences of this fault and within the following limits: in all cases where the Provider's liability is established, the compensation amount due to the Client for the entirety of their damage is limited, all causes and claims combined, per year, to the amount of VAT claimed by the tax administration.
The Provider cannot be held liable, under any circumstances, for any indirect and/or immaterial damage, particularly in case of loss of business, data, files, or any other document entrusted to the Provider, profits, and other financial losses.
The Provider's liability cannot be engaged when the failure is based on, caused by, or originated from the telecommunications network, connection equipment, loss, or theft of access codes to the Site, or their destruction by the Client or a third party.
g) Proof
The Client agrees that in case of a dispute, the electronic invoices and certificates, issued and kept by the Provider, are admissible in court and will prove the data and facts they contain as well as the signatures they bear.
The Parties recognize that in case of a dispute, a single date is valid: that of the day and time validated by the Provider's control system at the time of the invoice issuance.
The Parties acknowledge that the proof of connections will be established if necessary, based on the connection log maintained by the Provider, the Client accepts the probative value of these documents. The Client accepts the imputability of any act performed on the Site from the moment their password entry and the various prior identification measures have been duly carried out.
ARTICLE 12 – PAYMENT
The Client undertakes to pay in full the amounts due according to the deadlines and conditions provided in the membership application. If the applicable special conditions provide for payment by SEPA (Single European Payment Area) direct debit, the necessary information for this direct debit will appear on the mandate provided by the Client to authorize the SEPA direct debit. Each invoice will remind the Client that the payment will be made by SEPA direct debit on the due date specified therein. This invoice will thus serve as a pre-notification of the SEPA direct debit.
The Provider reserves the right to set a credit limit when concluding the Contract and at any time during its execution, and to condition the provision of products, services, and ancillary services to compliance with this limit. The credit limit sets, for the entire client account over the defined calendar period, the maximum amount of transactions related to products and services acquired at service stations, based on the displayed prices at the station. This means that transactions will be accepted at the station as long as this limit is not reached. This limit may be modified by the Provider, particularly in case of non-payment, insolvency, non-presentation of the agreed guarantees, or in case of abnormal Card use. The Provider reserves the right to send payment reminders electronically and/or by SMS. Any sum not paid by the due date mentioned on the invoice will automatically and without prior notice accrue late payment interest in accordance with the law of August 2, 2002, concerning the fight against late payment in commercial transactions. In case of non-payment by transfer or direct debit, the Provider may charge non-payment fees of €10 excluding VAT per invoice and, if applicable, reminder fees of €45 excluding VAT. Any delay in payment and/or partial settlement of a single invoice will automatically and without prior notice, make all amounts, even not yet due, owed by the Client immediately payable. In such cases, the Provider reserves the right to no longer grant the discount possibly stipulated in the membership application, for any future invoice. The Provider may also condition the execution of new supply on this payment, request the return of the Cards, and/or block them. Any transmission of the file to the Provider’s debt collection services incurs file fees corresponding to 5% of the claim amount. Any partial payment of the invoice is first and automatically applied to the non-privileged part of the Provider's claim. The rights of companies affiliated with the Provider concerning the invoices (and/or debit notes) issued by them will be transferred to the Provider or any other company that substitutes for it, which the Client expressly accepts. The Client must fulfill their payment obligation to the Provider or the substituting company indicated to them, and the guarantees or sureties issued will expressly cover these payments.
ARTICLE 13 – GUARANTEE
At the Provider’s request, to cover the possible non-performance of their obligations, the Client undertakes to provide the Provider with a guarantee either at the time of signing the membership application or during the execution of the Contract, valid for the entire (remaining) duration of the Contract and at least three months after its end. The amount of this guarantee can be re-evaluated at any time at the Provider's request. If the Client is no longer able to provide such a guarantee or if it becomes insufficient, the Provider reserves the right to terminate the Contract without notice. At least two billing periods before the expiration of the bank guarantees or sureties, the Client must provide the necessary new guarantees or sureties.
ARTICLE 14 – COMPLAINTS
The Client undertakes to regularly check their invoices. Any complaint or dispute about the amount, discount, or nature of the operations summarized on the invoices must be transmitted in writing to the Provider within 15 days from the invoice date (or debit note), and must be accompanied by supporting documents. No complaint can justify the non-payment on the due date of all or part of an invoice. Given the nature of the products and services, any complaint regarding a defective Product or Service must be communicated to the Provider by the Client within one week of discovering the defect. In case the provision of Products and/or Services was performed outside the Provider's Network, the Provider's sole responsibility will be to forward the complaint as quickly as possible to the responsible entity of the Point of Sale where the Product and/or Service concerned by the complaint was provided. The Provider cannot be held responsible for any damages caused to the Client due to Petroleum Products in the Network not owned by it, Products other than Petroleum Products, or Services.
ARTICLE 15 – LIABILITY – FORCE MAJEURE
When the Provider's liability is invoked by the Client, they cannot in any case claim compensation for indirect damages, such as commercial or financial damages such as devaluation, increased costs, loss of clients or expected profit, disruption of planning, actions, or complaints from third parties.
Force majeure, exempting the Provider from liability, includes, in addition to the cases defined by jurisprudence, wars, embargo, riots, blockades, civil disturbances, acts of violence, technical malfunctions, events of any kind disrupting refinery supplies or transport conditions, strikes, natural disasters, fire, explosions. During its duration, force majeure suspends the execution of the Contract for the Parties.
In case of salary increases, taxes, duties, transport or insurance costs, raw material price increases necessary for its productions, and any cause influencing its cost price, the Provider reserves the right to proportionally increase the price stipulated in the contract.
In case of market disruption of petroleum products by any authority decision or unpredictable event, the Provider may suspend any special condition deviating from these general conditions.
The Client has the right to terminate the contract without compensation if the application of this provision lasts more than three months from the start of the suspension or limitation exercised.
ARTICLE 16 – ASSIGNMENT
The Provider can at any time assign all or part of its rights and obligations under this Contract to any company linked to the Provider. The Client is prohibited from assigning or transferring in any form whatsoever all or part of its rights and obligations arising from the Contract.
The Provider is, however, entitled to assign all or part of the receivables it holds under the Contract, in the context of factoring or similar operations. In such cases, the Provider is entitled to communicate to the assignee the contractual data necessary for this purpose without it constituting a violation of the confidentiality obligation stipulated in Article 7 of the Contract.
ARTICLE 17 – DURATION/TERMINATION
The contractual relationship between the Provider and the Client governed by the General Conditions and the Membership Application takes effect on the date of notification of the acceptance of the Membership Application or, at the latest, on the date of sending the Cards to the Client. This Contract is concluded for a period of three years, tacitly renewable for successive one-year periods. Each party may terminate this contract at each term, subject to a one-month notice by registered letter with acknowledgment of receipt, provided that each party settles all amounts owed to the other party in relation to transactions made with the Cards. The Client who wishes to terminate this Contract early must pay the Provider a lump-sum indemnity for administrative fees calculated as follows: €10 excluding VAT per Card and per month until the next contract term.
The Provider may, by right and without judicial intervention, suspend the validity of the Client's Cards, request their withdrawal, or terminate the contractual relationship, in case of non-compliance by the Client with the General Conditions or in case of non-payment, exceeding the credit limit, notorious insolvency of the Client, non-presentation of requested payment guarantees, or in case of abnormal Card use. These measures may be taken without notice and without prejudice to any compensation the Provider may be entitled to claim.
ARTICLE 18 – SPECIFICITY AND CONFIDENTIALITY OF TARIFF CONDITIONS
The Tariff Conditions benefiting the Client are strictly reserved for them, and they undertake to keep them strictly confidential. The Client remains solely responsible to the Provider for any violation of the confidentiality obligation set out in this article. This confidentiality obligation persists for a period of 2 years after the expiration of the Contract. The Client undertakes to pay the Provider a lump-sum indemnity of €10,000 excluding VAT per breach of this clause, without prejudice to the Provider's right to claim compensation for the entirety of its damage suffered as a result.
ARTICLE 19 - APPLICABLE LAW - JURISDICTION
Any disputes will be subject to Belgian law with jurisdiction assigned to the Courts of the judicial district of Brussels.
ARTICLE 20 – PROTECTION OF PERSONAL DATA
General
In the context of the Contract, personal data (hereinafter "personal data") are subject to processing. The Provider is the data controller for processing related to the execution of the Contract and the monitoring of the commercial relationship with the Client. In accordance with the applicable regulations on personal data processing and in particular Regulation No. 2016/679 (GDPR), (hereinafter "Applicable Regulations"), the Provider processes personal data for the purpose of manufacturing and personalizing Cards or toll badges, billing, and providing ancillary services. The legal basis for processing is the execution of this Contract.
Personal data is reserved for the Provider’s use and may only be transmitted to companies linked to the Provider or service providers involved in the management and production of Cards and the provision of ancillary services. If applicable, data is transferred outside the European Economic Area for the execution of the Contract, the Provider ensures a transfer accompanied by an adequate level of protection. Specifically, the Provider applies the Standard Contractual Clauses (SCC) and/or its Binding Corporate Rules (BCR) to ensure data protection.
Data will be retained by the Provider for the entire duration of the Contract and 5 years after its expiration, subject to any legal obligations.
In accordance with the applicable regulations, any individual has the right to access, rectify, erase, as well as the right to object, limit, and portability regarding the information concerning them. These rights can be exercised with the Provider, either by mail: Circle K Belgium SA, Legal - Data Protection Officer, Boulevard Anspach 1 box 2, 1000 Brussels, or by email: privacy@circlekeurope.com
Professional Clients
When processing personal data in the context of the Contract execution, each party undertakes to comply with the Applicable Regulations. The Parties acknowledge that they each act as an independent data controller and determine independently of each other the means and purposes of the processing they carry out. Consequently, they implement appropriate measures to preserve the security, integrity, and confidentiality of the personal data processed in the context of the Contract execution.
For processing related to the management of the Client's fleet, the Provider and the Client are joint controllers. The means, purposes of processing, and respective tasks of the Parties are determined in the Contract.
ARTICLE 21 - ECONOMIC SANCTIONS
Each Party undertakes to execute the Contract in strict compliance with the applicable regulations on economic sanctions, namely, any law, regulation, embargo, or other restrictive measure on economic sanctions and export control applicable to the Parties, adopted, administered, imposed, or implemented by the European Union and/or the French Republic through the Directorate General of the Treasury (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 is obliged to execute its obligations under the Contract if this execution constitutes or could constitute a violation or be incompatible with or expose this Party (hereinafter the "Affected Party") to sanctions under the Sanctions Regulations. If applicable, the Affected Party must promptly notify the other Party in writing of its inability to execute the said obligations. In doing so, the Affected Party may choose either (i) to suspend the execution of the concerned contractual obligations as long as the impossibility persists, or (ii) to terminate the Contract.