THE BELGIAN DIPLOMATIC TAX-FREE FUEL CARD
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TOTAL DIPLOMATIC Particular Terms and Conditions

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

OBJECT

The use of the TOTAL DIPLOMATIC Service provided by TOTAL BELGIUM and of the TOTAL Diplomatic Tax Free Fuel Cards shall entail the acceptance, by the user, of:

  • the TOTAL DIPLOMATIC Particular Terms and Conditions below; as well as
  • The TOTAL Fuel Card General Terms and Conditions, insofar these TOTAL DIPLOMATIC Particular Terms and Conditions do not depart from the TOTAL Fuel Card GT&Cs.

The purpose of these TOTAL DIPLOMATIC Particular Terms and Conditions is to define the specific operating procedures for the TOTAL DIPLOMATIC Service, fuel purchase, and use of the TOTAL Diplomatic Tax Free Fuel Card (hereinafter referred to as the "Card").


TERMS AND CONDITIONS OF THE USE OF THE SERVICE

The TOTAL DIPLOMATIC Service is reserved exclusively for people who are eligible for the exemption from excise duty and from VAT 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, § 3.1 and 3.2 of the Value Added Tax Code of 3 July 1969.

Registration with the TOTAL DIPLOMATIC Service is either:

  • in a personal capacity (use of a vehicle registered in the name of a natural person); or
  • in an official capacity (use of one or more vehicles registered in the name of a legal person (embassy, delegation, etc.)).

Acquisition of Products using the Card is limited to the Belgian territory. Products purchased by the Customer are intended in particular for his or her professional use and/or official use of the mission to which s/he belongs.
Only products for which the Customer has obtained a 136F form can be paid for by means of the Card, to the exclusion of all other products or services.
Quotas of products linked to a 136F form that have expired shall be definitively lost.


EXTRANET SITE

A Customer shall register with the TOTAL DIPLOMATIC Service through a secured Website (hereinafter referred to as the Extranet).

The optional services referred to in Article 5.1.b, 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.

For any difficulties encountered in using the TOTAL DIPLOMATIC Service, TOTAL BELGIUM places assistance at the disposal of its Customers free of charge during working hours and days, subject to the prior dispatching of the contract form via the Extranet or e-mail to diplomatic.totalbelgium@total.com indicating the Customer’s name and number, telephone number, and hours within which s/he wishes to be contacted.

USE OF THE CARDS

1. Card validity

The Card shall remain valid until the expiry date on the 136F form which led to the issue of said Card. An invalid or blocked card may be kept or confiscated by the point of sale.
Prior to the expiry of a Card, the Customers shall file an application for a new Card. The Customer shall remain responsible for his or her Card and the use thereof until the Card expires.

2. Dispatching and activation of the Card(s)

The Card(s) will be sent to the Customer and activated, provided TOTAL BELGIUM is in possession of the relevant form validated by the competent authority (Federal Public Service (FPS) – Finance – Administration or Customs and Excise), and can be used to acquire Products within the limit of the quantities authorised – and in accordance with the rules and procedures defined -- by said competent authority.
TOTAL BELGIUM must be in possession of a valid standing order of payment from the Customer’s bank account.
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.

LOSS OR THEFT OF THE CARD

If one of the Customer’s Cards is lost or stolen, s/he must block the use thereof by sending to TOTAL BELGIUM the contact form via the Extranet or an e-mail to diplomatic.totalbelgium@total.com indicating the Customer’s name and number, the number of the Card lost or stolen, as well as the hours during which the Customer can be contacted.

PRICES AND PAYMENT FOR PRODUCTS

Fuel will be invoiced at the official prices fixed under the Programme Contract in force on the date of purchase of Products, less the excise duty and the value added tax. Article 10 of the TOTAL Fuel Card General Terms and Conditions notwithstanding, invoices shall be issued on paper at no additional cost to the Customer. At the latter’s request, TOTAL can send invoices in electronic form.

TERM / TERMINATION

The quotas of products linked to a 136F form submitted to TOTAL shall under no circumstances be cancelled or returned to the Customer.
TOTAL BELGIUM reserves the right to terminate the contractual relationship without notice if the regulations in force are revised such as to change the principles or the procedures of the exemption from excise or VAT enjoyed by the Customer.
Notwithstanding art. 16.1. of the TOTAL Fuel Card GT&C's, this contract shall terminate when all the 136 F forms submitted by the Customer to TOTAL have expired.

TOTAL Fuel Card General Terms and Conditions

OBJECT

The purpose of these general terms and conditions is to define the operating procedures for the use of the TOTAL Card (hereinafter referred to as the “Card”) that can be used to acquire the products and services indicated in article 3, in the network of points of sale in Europe (hereinafter referred to as the “Network”). The Network may be changed at all times. A guide to these points of sale is available upon request from TOTAL BELGIUM SA (hereinafter referred to as “TOTAL BELGIUM”).
The general terms and conditions, the application for membership, any and all schedules and the initial application for Cards shall constitute the “Contract.”

AMENDMENTS

TOTAL BELGIUM reserves the right to amend the general terms and conditions at all times. In the event of a nonsubstantial such amendment of the general terms and conditions, TOTAL BELGIUM may inform the Customer by simple notice on an invoice. The latest version of the general terms and conditions shall be available upon request by the Customer.
For any revision entailing substantial amendments, the new terms and conditions shall be sent in extenso in writing to the Customer. Any use of the card, five days after the dispatching of the revised general terms and conditions, shall entail the acceptance thereof without reservation.
Any amendment that the Customer wishes to make to these general terms and conditions shall require the prior, express written consent of TOTAL BELGIUM.

PRODUCTS AND SERVICES

The products and services obtainable by means of the Card, on which a limit may be placed, are as follows:

  • Any fuel available in the points of sale;
  • Lubricants, products and services on offer at the points of sale
  • Ancillary travel services (in particular tolls, tele-tolls, parking, road taxes, assistances, etc.).

TOTAL BELGIUM may not be held liable for any nonavailability, temporary or definitive, of products and services in one or more points of sale. TOTAL BELGIUM may supplement or change the afore-mentioned products or services at all times, which may entail the issuance of a new Card.
The risks of loss and deterioration of these products shall be transferred to the Customer when they are acquired at the point of sale.
Any complaints relating to a defective product or service must be lodged, within a week following the discovery of the defect, with TOTAL BELGIUM and be accompanied by documents in support. No complaint shall be admissible after this period. If the products and/or services were provided outside the Network of the TOTAL Group, TOTAL’s only responsibility will be to lodge the complaint, as soon as possible, with the manager of the point of sale where the product and/or service were provided.

CARD PROCEDURES

1 .Issuance

Once an application for membership has been examined and accepted, TOTAL BELGIUM will open an account in the Customer’s name and issue the number of Cards requested, and shall provide one or more secret codes by separate post. The opening of the account shall entail invoicing of annual administrative costs amounting to a flat rate of €15, exclusive of VAT. TOTAL BELGIUM reserves the right to adjust this amount at all times, subject to prior one-month notice. A Card may identify the Customer and/or the vehicle registration and/or the holder of the Card to which it is attached. These indications on the Card and/or the itemised statement of account, at the Customer’s request, are for information only. When, at the Customer’s request, Cards or secret codes have to be sent express, the relevant charges shall be assumed by the Customer.

2. Validity

The Card shall remain valid until the last day of the month of validity mentioned thereon, inclusive. An invalid card may be kept or confiscated by the point of sale. One month after the expiry of the Cards, new Cards shall be automatically sent, except if notice to the contrary has been served in writing by the Customer or TOTAL BELGIUM. For a Card not used for the first three months of the six months prior to the date of the end of validity, the Customer will have to apply for the renewal thereof to TOTAL BELGIUM.
The Customer shall remain liable for his or her Card until its validity has expired.

3. Use

The Cards are the property of TOTAL BELGIUM, and may under no circumstances be transferred to a third party without the prior consent of TOTAL BELGIUM. They are reserved for professional use by the Customer.
To validate any purchase of products or services, except for specific cases (especially of tolls and tele-tolls) or technical / computer problem that leads to the creation of a manual voucher that includes a copy of the Card’s imprint, the Card must be used together with its secret code. This use confers on TOTAL Belgium the right to debit the Customer’s account. The point of sale may issue a receipt of the transaction at the holder’s request, and may require the holder to sign said receipt.

4. Custody of Cards and Duplicates

The Customer shall be entrusted with the custody of the Cards issued to him or her. In that capacity, s/he shall take in particular all such measures as useful and necessary to avoid the loss, theft or deterioration thereof. The Customer shall be liable for the use made of the Cards issued to him or her. Subject to the provisions of article 4.5 and 7 infra, the Customer recognises that s/he is in particular liable to TOTAL BELGIUM for the payment of all Products or Services obtained with a Card issued to him or her, even if lost or stolen.
At the Customer’s request, or if a Card is blocked, TOTAL Belgium may issue one or more replacement Cards called duplicates, having the same characteristics and the same secret code as the original Card.
The Customer shall remain liable for transactions carried out with the initial card, known as the lower rank Card.

5. Blocking

If a Card is lost or stolen, the Customer must inform TOTAL BELGIUM or any call centre indicated for this purpose immediately by telephone, with confirmation by registered letter with acknowledgement of receipt within two days, accompanied by a declaration of the loss or theft made to the competent police authorities. The postmark date of this letter shall apply for the calculation of the period of liability described below.
The Customer’s liability to TOTAL BELGIUM shall be cleared as of midnight (00:00) on the day after the 72-hour period as of receipt of the written confirmation of loss or theft. Beyond this period, the Customer shall no longer be liable for purchases made with this card, unless:

  • the Customer has given the Card to an unauthorised third party;
  • the Customer or the holder has lost the Card due to negligence;
  • the Customer did not follow the instructions of TOTAL BELGIUM to destroy or to return the Card
  • the Customer did not take the measures necessary to keep the secret code confidential.

If the loss or theft is entirely or partially due to the fault or negligence of the Customer or a Card Holder, the Customer’s liability period will be extended to 12 working days.

The Customer shall provide TOTAL BELGIUM all information relating to the disappearance or improper use of a Card. The Customer shall return to TOTAL Belgium any card that has been blocked or subsequently found and shall refrain from making any use thereof.
If an abnormal use of the Card is detected, TOTAL BELGIUM reserves the right to block the card, without any entitlement to damages for the Customer.

6. Return

The Cards shall be returned immediately by the Customer upon request by TOTAL BELGIUM or spontaneously in the event of bankruptcy, discontinuance of activity or end of the contractual relationship.
Without prejudice to damages that TOTAL BELGIUM might obtain, the use of the Card after it has expired or has been blocked or after the Contract has been cancelled for any reason whatsoever, shall entail civil and criminal prosecution.

OPTIONAL SERVICES

One or more optional services may be subscribed by the Customer in his or her application for membership or a subsequent request. TOTAL BELGIUM reserves the right to create new optional services, as well as to alter or discontinue existing optional services.
For each optional service, the Customer shall pay by Card, or on a flat-rate basis for a set of Cards, the expenses for the interval determined at the time of subscribing to the service, the amount for which may be revised at all times by TOTAL BELGIUM. Optional services shall be subscribed for an unspecified period. Either party may cancel one or more optional services at all times by e-mail, confirmed by simple letter, subject to a one-month notice. The cancellation or voidance of the subscription to one or more optional services shall not affect the existence of the Contract. The end of contractual relations, for whatsoever reason shall, automatically and without any prior formality, entail the cancellation of the subscription to the optional services.

1. TOTAL BELGIUM “Cards” Extranet Site

This service enables the Customer to manage his or her Cards directly through a secured website.
Additional options may be subscribed by the Customer in the application for membership or by e-mail online on the website. Registration online is by email at the address indicated by TOTAL BELGIUM; said registration is accepted upon receipt of a validation e-mail sent by TOTAL BELGIUM to the Customer.
Connection to the Extranet site provides access to free and/or paying services:

a) Basic services

Free services are: News, Fuel prices, Contact us, Password.

b) Optional services

The different services offer the Customer access to certain functions depending on the contract flat-rate chosen. The cost of each such flat-rate is fixed in the conditions provided in the application for membership or by a schedule.

c) Access to the Site

The site is available by access code and password provided by TOTAL BELGIUM, by post, either at the Customer’s request or on the proposal of TOTAL BELGIUM. The access codes and passwords are confidential. The Customer shall be liable for the consequences of any abusive use of these data. S/he must therefore take all appropriate measures to ensure the security and confidentiality of the access codes and passwords attributed to him or her. The Customer may change the passwords initially attributed to him or her at all times via the Extranet Site. The number of attempts to access the Extranet Site is limited. For security reasons, access to the site will be invalidated automatically after several wrong attempts. TOTAL BELGIUM reserves the right to suspend access to the Extranet Site by the Customer in case of fraudulent use or attempted fraudulent use of said access. The cancellation of the Contract shall entail the barring of access to the Extranet Site.

d) Technical requirements

Customers should have a PC, with at least Internet Explorer, a modem with a minimum band rate of 33 Kb, and a telephone line or LAN.
It is up to the Customer to take such measures as necessary to ensure that the technical characteristics of his or her environment enable him or her to consult information in such a way as to protect his or her data and/or software from viruses. In case of connection difficulties, TOTAL BELGIUM places at the disposal of its Customers a free help-line during working hours. The Customer acknowledges that s/he is aware of the nature of the Internet and in particular its technical performance and response times to consult, query and transfer information.

e) Security and proof of transactions:

To protect the data interchanged against the risks of unauthorised access, modification, destruction or loss, TOTAL BELGIUM shall:

  • use a secured connection standard on the Internet;
  • implement and maintain the registration and archival storage procedure described in article f, infra. The Customer has been duly informed, and recognised the reliability of said procedure. S/he accepts that it shall be relied upon in the event of litigation and shall refrain from contesting the probative value of the data recorded and archived in accordance with this article.
f) Data storage

Access by the users of the site shall be registered at all times (date/time, calling IP address, accessed URL). This registration shall be kept for one year. The logical and physical access thereto shall be restricted to the IT administration service.

g) Liability

TOTAL BELGIUM may under no circumstances be held liable for the transmission of data, the quality and the availability of telecommunication networks or interruptions of services due to force majeure, or material or immaterial damage caused by the use of the Extranet Site placed at the Customer’s disposal, irrespective of the reason.

2. Optional VAT recovery service

This service consists of entrusting a provider with the task of recovering the VAT paid for certain services made abroad by the Customer.
Subscription to this service shall entail the signing of a specific Contract.

3. Optional Eurotrafic Assistance service

This service consists of offering assistance to the Customer, in particular if a vehicle breaks down.
To subscribe to this service, the Customer must take out a specific Contract.

4. Security 24/24

In case of subscription to Security 24/24, The Customer’s liability, described under article 4.5 Blocking, with regard to TOTAL BELGIUM shall be cleared as of receipt, by TOTAL BELGIUM, of the request to block a card in accordance with the procedure provided infra (art. 4.5 Blocking). Transactions carried out with the card, after the Customer’s liability period, shall be reimbursed by TOTAL BELGIUM to the Customer upon production of the latter’s itemised statement of invoice. This reimbursement shall be carried out within an invoicing period, without limit to the amount if the secret code was not used, or up to a limit of €1,500 per card lost or stolen, if the secret code was used.
In case of subscription to this service, TOTAL Belgium shall verify the activity of the Customer’s cards and notify him or her in case of a so-called “abusive” use of said cards. Such “abusive” use is defined as three transactions with the same card on the same day.

5. TID

The “TID” card enables the Customer to obtain, at regular intervals, an electronic file with his or her transactions. This file contains all the invoicing elements: all the types of transactions, summaries, etc. This file is sent by the Extranet site.

ADMINISTRATION OF CUSTOMER DATA

Any request for the creation or modification of a card (discontinuance of Cards, blocking of Cards, and/or change of customer details, in particular change of address, name, contacts, etc.) sent to TOTAL BELGIUM in writing (in particular by fax, post, e-mail, etc.) shall be kept for two months as of the date on which this request is complied with. The absence of a complaint by the Customer concerning such creation and/or modification during said period shall be tantamount to validation thereof. Beyond this date, TOTAL BELGIUM shall be free of all obligations to produce said written documents.

LIABILITY

The Customer shall take all useful precautions to preserve the confidentiality of the secret codes attributed to him or her. The Customer and/or the holder of the Card shall in particular keep the Card and the secret code separately, in a safe place. Customers shall in particular make sure not to write the secret codes on the Cards or on any document accompanying or near said Cards. If these commitments are not complied with, TOTAL BELGIUM shall be exempted of any and all liability in the case of fraudulent use of the Cards. The Customer is authorised to give one or more Cards to one or more holders. S/he shall inform the persons concerned by the application of the legislation on the protection of privacy, and apprise them that they are entitled to access and to correct personal data that concern them.

The customer shall remain fully liable for compliance with the provisions of the Contract by said holders, in particular as regards the confidentiality of the secret code(s) attributed, payment for all purchases made by the Card, even in the case of theft, forgery, falsification, fraudulent use or use noncompliant with the Contract.
In case of non-compliant use, the Customer shall help TOTAL BELGIUM to find the causes of such non-compliant use.

COST OF THE CARD

The Cards are provided free of charge, except for any express shipment charges referred to in Article 4.1. Requests relating to the Cards (creation, discontinuance, blocking, change, duplicates, etc.) not entered by the Customer via the Extranet shall be invoiced at €1, exclusive of VAT, per Card. The production of a duplicate or of a Card due to changes of parameters shall be invoiced at €3, exclusive of VAT, per Card. These amounts may be adjusted at all times by TOTAL BELGIUM, subject to service of a one-month prior notice to the Customer.

PRICES OF PRODUCTS AND SERVICES

1. Fuel prices
Fuel purchased in Belgium shall be invoiced at the prices indicated on the TOTAL BELGIUM price list on the date of the transaction, plus any discount stipulated in the application for membership. The list price is the fuel price fixed by TOTAL BELGIUM, the official price fixed under the Programme Contract being the maximum.
Any fuel purchased abroad shall, depending on the country, be invoiced either on the basis of the list applicable on the date of purchase in said country less any discount stipulated in the application for membership, or at the price shown at the station on the day of purchase.
The list price(s) can be consulted at all times via the TOTAL Belgium Card Service Extranet site.

2. Prices of tolls, bridges, tunnels, road taxes, Marchés d’Intérêt National (France) and parking
TOTAL Belgium shall charge a commission of 3%, exclusive of VAT, on the prices for transactions relating to tolls, bridges, tunnels, road taxes, Marchés d’Intérêt National (France) and parking.
The base for calculation and the amount of commissions may be revised at all times without notice.

3. Prices of other products and services
The other products and services shall be invoiced according to the selling price charged at the point of sale on the date that the transaction was carried out.

4. Prices of Optional Services
The Optional Services to which the Customer has subscribed shall be invoiced at the rates notified to the Customer upon said subscription. The flat-rate relating to each service shall be paid in advance, monthly or annually, on the anniversary date thereof, and shall not be reimbursed to the Customer, except in case of cancellation for failure, on the part of TOTAL BELGIUM, to fulfil its obligations. In such a case, the reimbursement shall be made pro rata temporis.

FACTURATION

Invoicing by TOTAL BELGIUM shall be in electronic form. TOTAL BELGIUM may charge the Customer administrative charges of €4, exclusive of VAT, per invoice that has to be sent on paper.

Unless specified to the contrary by TOTAL BELGIUM, invoicing shall be twice monthly (24 times a year). Every invoice, duplicate, or other document (in particular reissuing of a secret code, etc.), required again at the request of the Customer, shall entail administrative charges of €10, exclusive of VAT, payable by the Customer. To this end, the Customer shall inform TOTAL BELGIUM immediately of any change in the invoicing details.

For transactions in Belgium
For transactions in Belgium, invoices (and/or debit notes) are issued by TOTAL BELGIUM.
For transactions outside Belgium
For transactions outside Belgium, invoices (and/or debit notes) are, per country of purchase, issued by the Centre de Management des Transactions Monétiques (a company of French law, of 24 Cours Michelet F-92800 Puteaux, hereinafter referred to by its French initials “CMTM”).
They shall be denominated in the currency of the country where the transaction took place. Any conversion of the amount of a transaction between the country where the transaction took place and the Customer’s invoicing currency shall be at the exchange rate of the date of the transaction. The Customer shall assume the exchange risk.

In such a case, the country invoices shall be accompanied by a statement of invoice totalling and converting into euros, for information, the amounts invoiced (and/or debited, where appropriate) at the exchange rate in force on the date that the invoice was processed.

PAYMENT

The Customer shall pay in full the amounts due within the time limits and under the conditions provided in the application for membership.
TOTAL BELGIUM reserves the right to fix a ceiling of amounts outstanding for each Customer, and to make the provision of the products contingent upon compliance with this limit. This limit may be modified by TOTAL BELGIUM, in particular in case of non-payment, insolvency, or nonpresentation of the guarantees agreed.
Any sum not paid on the due date indicated on the invoice shall, as of right, and without prior notice, accrue contractual interest for late payment, as of the due date of payment, at a rate corresponding to twice the legal interest rate, and at least 12% a year. If this rate were to run counter to the relevant regulations, TOTAL BELGIUM would then apply the rate resulting from the regulation in force. In case of a bank debt, TOTAL BELGIUM may invoice charges for non-payment of €10, exclusive of VAT, per invoice, and where necessary, collection costs of €45, exclusive of VAT.
Any delay in payment and/or partial payment of a single invoice shall, as of right, and without prior notice, entail the immediate payability of all sums, even not due, payable by the Customer. TOTAL BELGIUM may subordinate the enforcement of a new provision for this payment, by demanding the return of – and/or by blocking – the Cards. Any referral to the litigation department of TOTAL BELIGUM for recovery shall entail charges amounting to 5% of the claim.
Any partial payment of an invoice shall be imputed first and as of right to the subordinated part of the claim of TOTAL BELGIUM.
The rights of CMTM referring to invoices (and/or debit notes) issued by CMTM shall be transferred to TOTAL BELGIUM or to any other company that replaces it, which the Customer expressly accepts. The Customer shall redeem his or her obligation of payment to TOTAL BELGIUM or to any other company that replaces it as indicated, and the guarantees or sureties issued shall cover expressly such payments.

GUARANTEE

At the request of TOTAL BELGIUM, to cover any failure to fulfil his or her obligations, the Customer shall give to TOTAL BELGIUM a guarantee, either upon signing the application for membership, or during the performance of the Contract, valid for the (remaining) term -- and for at least three months after the end – thereof. The amount of this guarantee may be reassessed at all times at the request of TOTAL BELGIUM. If the Customer were no longer able to provide such a guarantee or if said guarantee became insufficient, TOTAL BELGIUM reserves the right to cancel the Contract without notice. At the latest upon two invoicing due dates prior to the expiry of the bank guarantees or sureties, the Customer shall provide the new guarantees or sureties necessary.

COMPLAINT

The Customer shall check his or her invoices regularly. Any complaint or dispute of the amount, discount or nature of the transactions itemised on the invoices must be sent to TOTAL BELGIUM in writing within a month as of the date of invoice (or debit note), and must be accompanied by the relevant documents in support. No complaint shall be admissible beyond this period.
No complaint may justify the non-payment of all or part of an invoice on the date due.
Any complaint relating to a defective Product or Service must be lodged within a week as of the discovery of the defect with TOTAL BELGIUM. If the products and/or services were provided outside the Network of the TOTAL Group, TOTAL BELGIUM’s only responsibility will be to lodge the complaint, as soon as possible, with the manager of the point of sale where the product and/or service were provided. TOTAL BELGIUM may not be held liable for damages caused by the Customer because of Petroleum Products provided at Points of Sale not belonging to it, Products other than Petroleum Products, or Services.

FORCE MAJEURE

In addition to cases defined by case laws, cases of force majeure that exonerate TOTAL BELGIUM of its liability shall include in particular wars, embargo, riots, blockades, civil unrest, acts of violence, technical malfunctions, events that disturb supplies from refineries or transport conditions, strikes, natural disasters, fire and explosions.
While it lasts, a case of force majeure shall suspend the performance of the Contract for the parties.

TRANSFER

TOTAL BELGIUM may at all times transfer all or part of its rights and obligations under this Contract to any subsidiary of the TOTAL GROUP.
The Customer shall refrain from assigning or transferring, in any form, all or part of its rights and obligations arising out of this Contract.

TERM / TERMINATION

1. The contractual relationship by and between TOTAL BELGIUM and the Customer as governed by the General Terms and Conditions and the Application for Membership shall enter into force on the date of notification that the Application for Membership has been accepted, or at the latest, on the date that the Cards are sent to the Customer. This contract is concluded for a period of three years, tacitly renewable by successive periods of one year.
Either party may terminate this contract upon each expiry date, by service of one-month notice by registered letter with acknowledgement of receipt, subject to the payment, by either party, of all sums due to the other, relating to transactions carried out with the Cards. A Customer who wishes to terminate this Contract early shall pay a flat-rate indemnity to Total for administrative costs calculated as follows: €10, exclusive of VAT, per month, until the next due date of the Contract.

2. TOTAL BELGIUM may, as of right and without judicial intervention, suspend the validity of the Customer’s Card(s), request the withdrawal thereof, or put an end to the contractual relations, in the event of non-compliance, by the Customer, with the General Terms and Conditions, or in case of non-payment, of exceeding the line of credit, manifest insolvency of the Customer or failure to provide the payment guarantees requested. Such measures may be taken without prior notice and without prejudice to any compensation to which TOTAL BELGIUM may be entitled.

SPECIFIC NATURE AND CONFIDENTIALITY OF THE SPECIAL RATES

The Special Rates offered to the Customer are strictly personal and s/he undertakes to keep them strictly confidential. The Customer shall remain solely liable to TOTAL BELGIUM for any violation of the confidentiality obligation stipulated in this article. Said confidentiality obligation shall persist for a period of 2 years after the expiry of the Contract. The Customer undertakes to pay to TOTAL BELGIUM contractual flat-rate compensation of €10,000, exclusive of VAT, per violation of this clause, without prejudice of the right of TOTAL BELGIUM to compensation in full for the prejudice suffered as a result.

APPLICABLE LAW – COMPETENT COURTS

Any and all disputes shall be governed by Belgian law and shall be referred to the courts of the Brussels judicial district.

PROTECTION OF PERSONAL DATA

In accordance with the regulations in force, the Customer and, where applicable, the Card holders, shall have the right to access personal information concerning them, and may contact TOTAL BELGIUM to that end at all times.
The Customer authorises expressly TOTAL BELGIUM to disclose said data, including his or her e-mail address, to third companies, and may receive commercial proposals from TOTAL BELGIUM or third companies.