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 TOTAL DIPLOMATIC Service provided by TOTAL BELGIUM SA and of the TOTAL Diplomatic Tax-Free Fuel Card(s) shall entail the acceptance, by the user, of:
· The TOTAL DIPLOMATIC Particular Terms and Conditions of Service below;
· As well as the TOTAL Fuel Card General Terms and Conditions of Service, insofar these TOTAL DIPLOMATIC Particular Terms and Conditions do not depart from the TOTAL Fuel Card General Terms and Conditions of Service.
The purpose of these TOTAL DIPLOMATIC Particular Terms and Conditions of Service is to define the specific operating procedures of the TOTAL DIPLOMATIC Service (‘Card’) that is the purchase of fuel and other goods and services, and the use of the TOTAL Diplomatic Tax-Free Fuel Card(s).
The TOTAL 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 TOTAL 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 TOTAL 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 fuel cards by unauthorized persons.
The Client undertakes to inform TOTAL BELGIUM in writing, preferably by e-mail to firstname.lastname@example.org, 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.
TOTAL 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 TOTAL BELGIUM to claim damages and interests.
A Client shall register with the TOTAL 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 TOTAL BELGIUM Customer Space using the URL address: www.diplomatic-total.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 TOTAL BELGIUM and a password provided by TOTAL 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, 5.2, 5.3, 5.4 and 5.5 of the TOTAL Fuel Card General Terms and Conditions are not available to the users of the TOTAL DIPLOMATIC Service.
TOTAL 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 99 36 or by e-mail to email@example.com.
The TOTAL Fuel 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 TOTAL DIPLOMATIC Service and of the TOTAL Diplomatic Tax-Free Fuel Cards.
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 TOTAL 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.
The Card(s) will be sent to the Client and activated, provided TOTAL 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 TOTAL DIPLOMATIC Specific Conditions and the TOTAL Fuel Card General Conditions.
TOTAL 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 TOTAL Fuel Card General Terms and Conditions cannot be issued to users of the TOTAL DIPLOMATIC Service.
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 TOTAL Fuel Card General Terms and Conditions, insofar these TOTAL DIPLOMATIC Particular Terms and Conditions do not depart from the TOTAL Fuel Card General Terms and Conditions.
If one of the Client’s Cards is lost or stolen, the Client must immediately block the card by calling TOTAL BELGIUM during business days at working hours at +32 (0)2 288 99 36 or calling Total’s Card Stop Service available 24/7 at +32 (0)2 288 94 00. Every request must be confirmed via either the Extranet on www.diplomatic-total.be or by e-mail to firstname.lastname@example.org, 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 10 of the TOTAL Fuel Card General Terms and Conditions applies to the TOTAL DIPLOMATIC Service insofar these TOTAL DIPLOMATIC Particular Terms and Conditions do not depart from the TOTAL Fuel 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 TOTAL 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.
TOTAL BELGIUM will send the invoices in electronic format. Notwithstanding Article 10.1 of the TOTAL Fuel Card General Terms and Conditions, and at the Client’s request, TOTAL 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, TOTAL 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 TOTAL DIPLOMATIC Specific Conditions, the mission/organization agrees without reservation.
The quotas of products linked to a 136F form or 151 form submitted to TOTAL BELGIUM shall under no circumstances be cancelled or returned to the Client.
Notwithstanding Article 16.1 of the TOTAL Fuel Card General Terms and Conditions, the contractual relationship between TOTAL BELGIUM and the Client that is governed by the General Terms and Conditions enters into effect on the acceptance of the TOTAL Fuel Card General Terms and Conditions and the TOTAL DIPLOMATIC Particular Terms and Conditions of Service or use of the Card by the Client or upon membership application for the TOTAL 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 TOTAL 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 TOTAL BELGIUM prior his/her diplomatic mission term in Belgium comes to an end by a written notice to ‘Rue du Commerce 93-1040 Brussels’ or by e-mail to email@example.com or via the Extranet on www.diplomatic-total.be. The Card(s) should be cut in two by the Client and returned to TOTAL BELGIUM. During that transition period, and/or after the diplomatic mission term/period, fuel purchases for which TOTAL 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.
TOTAL 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 TOTAL BELGIUM.
The purpose of these general terms and conditions is to establish the terms of operation and use of the TOTAL Card (hereafter referred to as the "Card"), which can be used to purchase the products and services mentioned under article 3 in a Points of Sale Network (hereafter referred to as the "Network"). The Network may be modified at any time. The guide with these Points of Sale is available at simple request from TOTAL BELGIUM SA (hereafter referred to as “TOTAL BELGIUM”) or on www.total.be. The general terms and conditions, the membership application, any appendices and the original Cards application constitute the “Contract”.
TOTAL 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, TOTAL BELGIUM can inform the customer of the same by means of a simple notice worded on an invoice. The latest version is available at the Customer´s simple request. For any revision that entails significant changes, the new conditions will be sent in full and in writing or by email to the Customer. Any use of the Card five working days after the revised general terms and conditions have been sent implies unconditional acceptance of the same. 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 TOTAL BELGIUM.
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),
- the lubricants, products and services offered at the points of sale,
- additional travel-related services (including toll, teletoll, parking, road taxes, breakdown assistance, etc.).
TOTAL BELGIUM cannot be held responsible for the potential temporary or permanent unavailability of products and services at one or several points of sale. TOTAL BELGIUM can change or add to the above-mentioned products and services at any time, which could give rise to the issuance of a new Card. The risks associated with these products are transferred to the Customer once they acquire them at the point of sale. Any claim concerning a defective product or service must be reported to TOTAL BELGIUM within one week of the discovery of the defect. This claim must be accompanied by the relevant supporting documents. No claims will be accepted once this period has elapsed. If products and/or services were delivered outside of the TOTAL Group Network, TOTAL 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 delivered.
Once a membership application has been examined and accepted, TOTAL BELGIUM will open an account in the name of the Customer and deliver to the latter the requested number of Cards, and the secret code or codes 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 to which it is associated. This wording 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).
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 elapses, unless there is written notification to the contrary from the Customer or TOTAL 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 TOTAL BELGIUM. The Customer remains responsible for their Card up to its expiry date.
The Cards are the property of TOTAL BELGIUM and may under absolutely no circumstances be transferred to third parties without the prior approval of TOTAL BELGIUM. They are reserved for the Customer’s professional use. To validate the purchase of a product or service (with exceptions, such as tolls, teletolls), or if there is a technical/computer problem that requires the manual preparation of a voucher integrating a copy of the Card, the Card must be used in combination with the secret code. Such use confers TOTAL BELGIUM with the right to debit the Customer´s account. The point of sale may hand over a receipt for the transaction at the Cardholder´s request. The point of sale may ask the Cardholder to sign the receipt.
The Customer is responsible for safeguarding the Cards that are 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 it or a third party makes of the Cards that were assigned to the Customer. Subject to the provisions in articles 4.5 and 7 below, the Customer acknowledges that they are responsible vis-à-vis TOTAL BELGIUM for the payment of all Products or Services obtained using the Card attributed to it, 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, TOTAL BELGIUM can issue one or several replacement Cards, called duplicates. These have the same characteristics and the same secret code as the original Card. The Customer shall be responsible for paying for the transactions made with the original Card, which is called the “lower ranking Card”.
In the event of the loss, theft or fraudulent use of any Card, the Customer must immediately notify TOTAL BELGIUM by telephone, or via any call centre indicated to it 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 that the Customer will have submitted to the competent police services. The postal date of this letter will be used to calculate the period of responsibility described below. The Customer’s responsibility towards TOTAL BELGIUM ends at midnight (00.00) of the day after the 72-hour period following receipt of the written confirmation of loss, theft or fraudulent use. After this period, 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 TOTAL BELGIUM to either destroy the Card or send it back to TOTAL BELGIUM,
- the Customer did not take the necessary measures in order to protect the confidentiality of the code,
- the Customer did not take the necessary measures in order to prevent a fraudulent use of the Card.
If the loss, theft or fraudulent use wholly or partially derives from a fault or negligence by the Customer or Cardholder, the Customer´s period of responsibility will be extended to 12 working days. The Customer shall provide TOTAL BELGIUM with all the information concerning the disappearance, fraudulent or irregular use of any Card. The Customer undertakes to return to TOTAL BELGIUM any Card that was blocked and later found, and shall refrain from making any further use of such Card. If an abnormal use of the Card is detected, TOTAL BELGIUM reserves the right to block the card, without this giving rise to any compensation for the Customer to cover damages or interest.
The Customer must immediately return the cards at the simple request of TOTAL BELGIUM or on its own initiative in the event of a bankruptcy, discontinuation of the activity or at the end of the contractual relationship. Without prejudice to any compensation for damages and interest that TOTAL BELGIUM might obtain, the use of a Card after the expiry date, the blocking of the same, or the cancellation of the Contract for any reason whatsoever, could give rise to judicial, civil or criminal-law proceedings.
The Customer may subscribe to one or several optional services in its membership application or via a subsequent application. TOTAL BELGIUM reserves the right to offer new optional services or to change or eliminate the existing optional services.
For each optional service, the Customer will pay the costs per Card or a lump-sum for all of the Cards. The frequency for doing so will be determined when subscribing to this service and the amount can be revised by TOTAL BELGIUM. The subscription to the optional services is made for an unlimited term. Either Party may cancel one or several optional services at any time, by sending an email or an ordinary letter, and subject to observing an advance notice period of one month. The cancellation or invalidity of the subscription to one or several optional services shall have no impact on the existence of the Contract. The end of the contractual relationship for any reason whatsoever shall entail, ipso jure and without prior formality, the cancellation of the subscription to the optional services.
Once they have become a member, and subject to first supplying their email address, name, surname and telephone number, the Customer can access the TOTAL BELGIUM Customer Space using the URL address: https://totalcardsonline.total.be (hereinafter: "the Site"). The Site is secured and encrypted in SSL mode and therefore is only accessible after entering a username provided by TOTAL BELGIUM and a password chosen by the Customer the first time they log in to the Site. The Customer can consult the status of their vehicle fleet, and access additional or optional subscribed services via the Site. Any use of the Site shall imply the unconditional acceptance of the general terms and conditions of use that govern it and are accessible from its home page.
This service consists of entrusting an agent with recovering VAT paid on certain purchases that the Customer made abroad. To subscribe to this service, a specific Contract must be signed.
This service consists of offering 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 TOTAL BELGIUM will expire as soon as TOTAL BELGIUM receives the telephone request at its call centre (via a dedicated telephone number that will be provided to the Customer when the Card is sent) or once the Card is blocked via the Site, regardless of the time and day of the loss, theft or the fraudulent use, and 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 TOTAL BELGIUM records the telephone call or the Card is blocked on the Site, will be reimbursed to the Customer by TOTAL BELGIUM within 45 working days following presentation of their itemised billing statement, up to a limit of €1500 (including taxes) per blocked Card.
Using this service, the Customer can download or consult the following from 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 on the basis of the transactions received by TOTAL BELGIUM the day prior to the query, and downloadable in Excel format.
- Via the TID service, the customer can obtain an electronic file of its transactions at regular intervals. This file contains all of its invoice items: all types of transactions, summaries, etc. This file is sent via the Site.
- The TID Guide, providing the technical description of the billing files.
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 the recording of mileage, a report on consumption at 100 Km per Card.
Using this service, the Customer can obtain, via the Site, reports on the anomalies defined based on personalised criteria for each Card (hereinafter, the “Anomalies”).
Transactions made with the Cards that contravene the personalised criterion/criteria will appear in Anomalies from the day following their receipt by TOTAL BELGIUM. The Customer will be informed by email at the email addresses that they previously input in the settings on the Site. In all cases, these transactions are only classified as Anomalies by the Customer and cannot therefore the Customer cannot raise a dispute with TOTAL Belgium with regards to their execution and payment.
This service offers European-wide assistance to the Customer in the event of a breakdown for vehicles over 3.5 tonnes.
Membership for this service occurs automatically at the time it is used by the Customer, under the conditions set forth in the Truck Assistance general terms and conditions.
Subject to the signing of a specific contract, the Customer may subscribe to ancillary travel benefits and in particular the (tele)toll for heavy-weight vehicles and cars.
Each 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 TOTAL 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 this two-month period has elapsed, TOTAL BELGIUM is released from any obligation to produce such written documents
The Customer undertakes to take all necessary and useful precautions in order to preserve, in all circumstances, the confidentiality of the secret code or codes allocated to it. The Customer and/or Cardholder must 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 other document that is kept with or near said 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 obligations are not met, TOTAL BELGIUM will be released from any responsibility/liability in the event of a 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, it undertakes to inform the data subjects of their rights, including the right to access and rectify their personal data. The Customer is fully responsible for ensuring that the above-mentioned Cardholders comply with the Contract provisions, as regards the confidentiality of the allocated secret code(s) and the payment of any collection of Products or use of Services made using the Card, even in the event of the loss, theft, counterfeiting, forgery and fraudulent use of the Cards, or uses that do not comply with the provisions of the Contract. In the event of a fraudulent or non-compliant use, the Customer shall immediately notify and assist TOTAL BELGIUM in determining the causes and identifying the party responsible for this non-compliant use. The Customer must notify TOTAL BELGIUM of a fraudulent use of the Card within a period of 15 days at the latest following the invoice date.
The Cards are provided free of charge, with the exception of any express courier costs as mentioned in article 4.1. Card requests (production, destruction, blocking, modification, duplicates, etc.) that the Customer does not submit via the Extranet will be invoiced at an amount of €1 (excl. VAT) per Card. The production of a duplicate or 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 TOTAL BELGIUM at any time, subject to giving the Customer an advance notice of one month.
For each tank fill-up in Belgium, the fuels will be invoiced as set forth in the list price of TOTAL BELGIUM that is 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 fuels as set by TOTAL BELGIUM or by a mechanism that replaces the Programme Contract. For any tank fill-up abroad, the fuels 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. The price list(s) can be consulted at any time via the TOTAL BELGIUM Site. They can be modified at any time and without prior notice.
2. TOTAL BELGIUM will collect a commission of 3% (excl. VAT) of the transaction amount (including all taxes) of the prices paid for tolls, bridges, tunnels, road taxes, markets of national interest and parking. The basis of calculation and the commission amount can be revised at any time and without prior notice.
3. The other products and services will be invoiced at the sale prices that are effective at the point of sale on the day when the transaction is made.
4. The Optional Services to which the Customer has subscribed will be invoiced at the rates communicated to the Customer at the moment when it subscribed to these Services. The flat-rate amount for each Optional Service shall be paid in advance on the monthly or annual anniversary of the fleet of fuel Cards, and will not be reimbursed to the Customer, unless there is a termination due to a failure by TOTAL BELGIUM to fulfil its obligations under the Contract. In that event, the reimbursement will be made pro rata temporis.
Transactions made in Belgium will be the object of invoices (and/or debit notes) issued by TOTAL BELGIUM. Transactions made outside of Belgium will be the object of invoices (and/or debit notes) from the country where the tank is filled: they are issued by Italiana Petroli SPA for Italy, by the subsidiary of the TOTAL group in the relevant country or, if there is no subsidiary in the country where the tank is filled, by the Centre de Management des Transactions Monetiques (Management Centre for Monetary Transactions) which is the SNC (société en nom collectif) under French law, which has its registered office at 24 Cours Michelet F-92800 Puteaux, (hereafter referred to as the "CMTM"). 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 at the time of the tank fill-up will be applied. The Customer will assume the exchange rate risk. In the latter event, the foreign country 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.
a) How the electronic billing service operates
The electronic billing service consists of sending the invoices for the transactions performed using the Cards to the Customer, via email, in electronic format. The authenticity of the origin and integrity of their content are guaranteed by means of an advanced electronic signature, which is generated from an electronic certificate belonging to TOTAL. A duplicate of this invoice (and of the invoices of the last 18 months) may also be downloaded from the Site. The input of access codes will be tracked by the system and will constitute the connections log.
b) Subscription and cost
The electronic invoices will be produced free-of-charge by TOTAL BELGIUM at the frequency set out in the contract. TOTAL Belgium reserves the right to modify 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) TOTAL BELGIUM reserves the right to outsource all or part of the services that are the object of this contract to any other company of its choice, TOTAL BELGIUM remaining solely responsible towards the Customer.
d) The Customer will provide TOTAL BELGIUM with a valid and permanent email address for communications between itself and TOTAL BELGIUM. The Customer is responsible for the validity of its email address and for updating any change to the same 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, it should immediately send an email to TOTAL Belgium Service Cartes, Rue du Commerce 93 à 1040 Brussels, to notify it of the failure to do so and advise it of the new email address.
e) The Customer undertakes to take note of the invoices, to download them, and to check the electronic signature and the electronic certificate of TOTAL BELGIUM within three months from the shipment date. The Customer shall request a duplicate of the invoice when this has not been sent within 10 working days from the billing date.
f) Responsibility - Insurance
TOTAL BELGIUM cannot be held responsible for damages deriving from a failure by the Customer to fulfil its obligations. Similarly, TOTAL BELGIUM cannot be held responsible for the consequences of the Customer’s interventions in its electronic environment.
TOTAL BELGIUM cannot be held responsible for any failure by the Customer to fulfil its obligations of archiving the invoices, electronic signatures and certificate.
In the event of a material breach that it can provide evidence of, TOTAL BELGIUM will be responsible for any damage that the Customer suffers as a result, to cover the direct consequences of this breach, within the following limits: in all cases where TOTAL BELGIUM’s responsibility is established, the compensation amount payable, where applicable, to the Customer for all of the damages suffered is limited, for all causes and damages combined, per year, to the amount of VAT claimed by the Tax authorities.
TOTAL BELGIUM cannot be held responsible, whatever the circumstances, for any indirect and/or intangible damage, for example in the case of operating loss, loss of data, files or any other document entrusted to TOTAL BELGIUM, or for loss of profits and other financial losses.
TOTAL BELGIUM may in no way be held responsible when the foundation, 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.
The Customer agrees that, in the event of a dispute, the electronic invoices and certificates issued and stored by TOTAL BELGIUM are admissible before the courts and will serve as evidence of the facts and data they contain, as well as the signatures they bear.
The Parties recognise that, in the case of a dispute, a single date shall prevail as proof: that of the timestamp token provided by TOTAL’s controlled system at the moment when the invoice was issued.
The Parties recognise that the evidence of the connections will be established, as much as necessary, based on the connections log that TOTAL maintains up-to-date, 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 carried out.
The Customer shall pay the owed amounts in full within the periods and under the conditions specified in the membership application. If the applicable particular conditions provide for the payment by SEPA (Single European Payment Area) direct debit, the information necessary for this direct debt will appear on the mandate that the Customer provides for the purposes of authorizing 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.
TOTAL BELGIUM reserves the right to set a credit ceiling upon concluding this Contract and at any time during implementation of the same, and to subject the delivery of products and services and ancillary benefits in compliance with 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 collected or used in service stations, based on the price displayed in the service station. This means that transactions will be accepted in a station provided that this ceiling has not been reached. This ceiling may be modified by TOTAL BELGIUM in the case of unpaid invoices or insolvency, for example, if the agreed guarantees are not produced, or in the event of an abnormal use of the Card. Any amount that remains unpaid on the due date stated on the invoice shall, ipso jure and without prior formal notice, give rise to late-payment interest, pursuant to the law of 2 August 2002 on combating late payment in commercial transactions. In the event of unpaid bank transfers, TOTAL BELGIUM can charge collection costs of €10 (excl. VAT) per invoice, as well as dunning charges for €45 (excl. VAT), where applicable. Each late payment and/or partial payment of a single invoice shall give rise, ipso jure and without prior formal notice, to the immediate enforceability of all sums owed by the Customer, even if they have not yet passed their due date. TOTAL BELGIUM may subject the execution of any new provisioning to this payment having been made, demand the return of the Cards and/or blocking them. Each transfer of a file to the TOTAL BELGIUM departments that handle collection disputes generates processing fees for 5% of the outstanding amount. Every partial payment of the invoice is allocated firstly and ipso jure to the non-preferential part of the amount owed to TOTAL BELGIUM. The Customer expressly accepts that the rights of the subsidiaries of the TOTAL group and of CMTM concerning the invoices (and/or debit notes) they issue will be transferred to TOTAL BELGIUM or any other company that takes its place. The Customer must fulfill its payment obligation vis-à-vis TOTAL BELGIUM or any other company that takes its place and of which the Customer will be notified, and the guarantees or warranties issued will expressly cover these payments.
At the request of TOTAL BELGIUM, the Customer shall give the latter a guarantee in order to cover any potential non-fulfilment of its obligations and shall do so 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 (remaining) term of the Contract and at least three months after expiry of the same. This guarantee amount can be revised at any time at TOTAL BELGIUM's request. In the event that the Customer is no longer able to produce such a guarantee or if this becomes insufficient, TOTAL 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 warranties, the Customer must produce the new guarantees or warranties that are necessary.
The Customer undertakes to regularly check its invoices. Any claim or dispute concerning the amount, the discount or the nature of the operations summarised in the invoices, must be sent in writing to TOTAL BELGIUM within a period of 15 days from the date of the invoice (or of the debit note), and must be accompanied by supporting documents. Once this period has elapsed, no claim will be admissible. No submitted claim will justify the non-payment by the due date of all or part of an invoice. The Customer must notify TOTAL BELGIUM of any claim relating to a defective Product or Service within the week following the discovery of the defect. If Products and/or Services are supplied outside of the TOTAL BELGIUM Network, TOTAL BELGIUM's only responsibility shall consist of passing on the complaint as quickly as possible to the entity that is responsible for the Point of Sale from which the Product and/or Service was supplied. TOTAL BELGIUM cannot be held responsible for any damages that the Customer suffers that are caused by Petroleum Products supplied in Points of Sale not belonging to TOTAL BELGIUM, or by Products other than Petroleum Products or Services.
When the Customer invokes the responsibility of TOTAL BELGIUM, the Customer may not under any circumstance claim a compensation for indirect damage, in other words commercial or financial damage such as a capital loss, an increase of costs, the loss of customers or of an expected benefit, a disruption of schedule, or legal proceedings or complaints of third parties.
Besides those already defined by the case-law, the following are regarded as cases of force majeure that release TOTAL BELGIUM from its responsibility: wars, embargoes, revolts, blockades, civil unrest, acts of violence, technical difficulties/defects, any events that impede the provisioning of the refineries or the transport conditions, strikes, natural disasters, fires and explosions. The implementation of the Contract shall remain suspended for all parties for as long as the force majeure event persists.
TOTAL BELGIUM may transfer all or part of its rights and obligations under this Contract at any time to any subsidiary within the TOTAL 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.
TOTAL will however be entitled to assign all or part of the outstanding debts owed to it under the Contract, within the framework of factoring or equivalent operations. If applicable, TOTAL 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.
1. The contractual relationship between TOTAL BELGIUM and the Customer that is governed by the General Terms and Conditions and the Membership Application, enters into effect on the notification date 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 an advance notice of 1 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 a Customer wishes to cancel this Contract prematurely, they must pay a lump sum to TOTAL to cover administrative costs, which will be calculated as follows: €10 (excl. VAT) per Card and per month up to the expiry date of the Contract.
2. TOTAL BELGIUM may, ipso jure and without judicial intervention, suspend the validity of the Customer’s Card or Cards by requesting their cancellation or terminating the contractual relationship, if: the Customer fails to comply with the General Terms and Conditions; or if there are outstanding amounts; if the line of credit has been exceeded, in the event of the manifest insolvency of the Customer; or if the requested payment guarantees are not presented. These measures may be taken without issuing prior notice and notwithstanding any compensation that TOTAL BELGIUM may otherwise obtain.
The Price Conditions that apply to a Customer are reserved strictly for said Customer and it shall therefore treat them as strictly confidential. The Customer is solely responsible vis-à-vis TOTAL BELGIUM for any breach of the confidentiality obligation stipulated in this article. This confidentiality obligation shall persist for a period of 2 years after the expiry of the Contract. The Customer undertakes to pay to TOTAL BELGIUM a lump sum of €10,000 excl. VAT per breach of the present clause and shall do so without prejudice to TOTAL BELGIUM's right to claim compensation for any and all damage suffered as a result of such a breach.
Any disputes that may arise are subject to Belgian law, and shall be attributed to the jurisdiction of the courts and tribunals of the Brussels judicial district.
The information collected in the framework of the Contract is subject to processing, for which TOTAL BELGIUM is either the controller, or joint controller along with the Customer: (i) for all processing related to the execution of the Contract and to the follow-up of the business relationship with the Customer, TOTAL BELGIUM is the controller; (2) for processing related to the management of the Customer’s fleet of Cards (including use of the Client Space), TOTAL BELGIUM and the Customer are the joint controllers. The information collected in the framework of this Contract is subject to computer processing for the purposes of managing the Customer's file, of producing and customising the Cards, invoicing, and for the provision of ancillary benefits. The data recipients are TOTAL BELGIUM and the companies involved for the needs of performing this Contract. Personal data are reserved for use by TOTAL BELGIUM and may only be shared with companies of the TOTAL group or the providers involved in the management and production of the Cards and in the provision of ancillary benefits. TOTAL BELGIUM will store these data for the entire duration of the Contract and for 5 years after it expires.
In conformity with the current legislation, every individual shall have the right of access, rectification and erasure of their own personal data, as well as the right to object to – and restrict – the processing of the same as well as and the right to data portability. They can exercise these rights with TOTAL BELGIUM, either at the following address: TOTAL BELGIUM – Department MOBILITY AND FLEET SERVICES, rue du commerce, 93 - 1040 Brussels, or at the email address MS.BEfirstname.lastname@example.org.
Any personal data processed in the framework of the Contract may be transferred outside of the European Economic Area for the purposes of performing the Contract. If applicable, they are protected in accordance with the applicable rules by a standard contractual clause of the European Commission, by the binding corporate rules (or BCR) of the TOTAL group (https://www.total.com/fr/donnees-personnelles#Binding%20Corporate%20Rules%20de%20Total) or by the adhesion of the recipient companies to the principle of the Privacy Shield.
The Customer agrees to inform the Cardholders of all of these provisions.