CAPS NEW WIT op ROOD 100M90Y (1)
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Version of 16/12/2021

GENERAL TERMS AND CONDITIONS OF USE CAPSCARD

 

Subject matter and definitions

These General Terms and Conditions of Use govern the use of the fuel cards issued by G&V Servicestations NV – a public limited liability company organised and existing under the laws of Belgium, registered with the Crossroads Bank of Enterprises under the number 0461.054.460 and whose seat is located at Harelbeeksestraat 120, 8520 Kuurne (Belgium) – or one of its affiliated enterprises, hereinafter ‘G&V’, such as, the CAPS Fuelcard, the CAPS Routex Combi card, the CAPS Prepaid card and CAPS Hybrid card, together or each separately hereinafter referred to as “CAPScard(s)”, “card”, or “fuel card(s)”‘. Specific products can be supplied by G&V with the CAPScard (hereinafter the “Products”).

 

These General Terms and Conditions of Use regulate the legal relationship between G&V and you or the company you represent (‘Customer’), in the context of your use of the CAPScard.

 

Application

These terms and conditions apply, to the exclusion of the terms and conditions of the Customer, to all quotations, orders, order confirmations and agreements between G&V and the Customer. These terms and conditions do not exclude G&V’s other applicable terms and conditions, such as its invoice terms or conditions pertaining to the use of specific services with the CAPScard (such as the Virtual Fuel card, which is governed by separate terms and conditions).

By applying for a CAPScard, the Customer explicitly acknowledges to know and accept these terms and conditions. These terms and conditions can be consulted on the CAPS website at www.caps.be.

CAPScards are only issued to companies. By applying for a CAPScard, you acknowledge and warrant that you are acting as an enterprise/a business or in the name and on behalf of a trading company. If you are unable to bind the company you claim to represent, you will be jointly and severally liable for any use of the CAPScard.

CAPScard use

The arrangements under this heading apply to all CAPScards.

The CAPScard is made available to the Customer for the purpose of purchasing products and services, but remains the property of G&V and cannot be transferred to third parties without prior permission from G&V.

2 months before the expiry date of the CAPScard, the Customer will receive an automatic notification for the replacement of and possible change to said cards. These will only be replaced/changed after confirmation by the Customer.

A new CAPScard will be activated in the manner indicated by G&V and only after the necessary steps have been taken by the Customer (either the user or the fleet manager).

Each CAPScard is assigned a usage limit per day, per week and per month. If one of these limits is exceeded, refuelling will automatically stop unless the facilities at the filling station do not allow for this.

 

Each Customer is also assigned a credit limit that can be adjusted at any time at the sole discretion of G&V if it believes there is reason to do so.

The fuel card is free of charge, but in the case of replacement due to loss, theft or damage, G&V reserves the right to charge a fee of € 10 (excluding VAT)/card. The Customer undertakes to report a found card to G&V and to use it again only after activation by G&V.

For the CAPS Routex card, a monthly fee of € 4 (excluding VAT) is charged for making the card available (even if not used). If the Customer validly cancels this card, the monthly fee will be cancelled after G&V confirms to the Customer by email receipt of said cancellation.

Each CAPScard is provided with a PIN and a mastercode, which will be communicated to the Customer. Only the Customer is solely responsible for the correct internal allocation of these codes.The Customer undertakes not to lend the CAPScard to other persons and to keep the codes strictly secret. The Customer is solely responsible for any consequences associated with use of the codes and/or the CAPScard, and indemnifies G&V against liability in this regard. For example, should absolutely be avoided: Keeping the PIN with the card, visibly entering it on a terminal, passing on codes … If an unauthorised person uses the CAPScard, the Customer alone is liable for this and G&V cannot be held liable.

The Customer indemnifies G&V against any complaints that may arise from misuse of the CAPScard in this case.

The Customer is responsible for the use of the CAPScard and will take the necessary measures to prevent loss, theft, damage or misuse of the codes and/or CAPScard. This also means that the Customer hereby acknowledges that it will pay for all transactions on the CAPScard allocated to it, even in the case of loss or theft. The Customer must immediately notify G&V in the event of loss or theft of the CAPScard. After written receipt by G&V of the report of the loss or theft, for transactions with the card within Belgium, the Customer remains liable for payment for 24 hours, and for transactions with the CAPScard outside Belgium, it remains liable for payment for 48 hours. If the indicated period of 24 or 48 hours includes Saturdays, Sundays or public holidays, it will be suspended on these days.

The provisions of Book VII of the Belgian Code of Economic Law (CEL) do not apply to relationships between the Customer and G&V, and in any case, if applicable, the content of Articles VII.30, § 1, VII. 32, § 3, VII.33, VII.42, VII.44, VII.46 and VII.47, VII.50, VII.55/3 to VII.55/7 CEL, also after legislative changes or possible renumbering of the sections of law, do not apply in their totality to the relations between G&V and the Customer, nor do the other provisions that impose obligations on G&V, and these are excluded or limited to the greatest extent permitted by law. The user of the payment service (the Customer) bears, but is not limited to, all risks associated with unauthorised payment transactions, including, but not limited to, those made possible by skimming or other fraudulent techniques. The period in VII.41 CEL is shortened to one month. The Customer is therefore obliged to report this to the issuer of the card within one month after an unauthorised transaction.

The Customer and the users are themselves responsible at all times for being aware of, and complying at their own expense, with applicable legislation. G&V has no obligation to advise in this matter. Without being restrictive, if the refuelling of a particular product legally requires user certification, it is the user’s responsibility to obtain such certification at their own expense, and the Customer is solely responsible for taking the necessary measures to warrant that only users who have obtained the necessary certificates can refuel with this product. G&V cannot under any circumstances be held liable for any damage, loss or costs incurred by the Customer, the user, or third parties, or for fines or other sanctions imposed by law on the Customer or the user due to non- compliance with the applicable legislation, including (without being limited thereto) not having the necessary certificates. The Customer will fully indemnify and hold G&V harmless at first request

against all damage, fines, claims, losses, costs and liabilities suffered/incurred by G&V as a result of the Customer or its users not complying with this provision.

Use of specific CAPScards

The following arrangements relate to the specific CAPScards referred to below. The general terms and conditions of use also remain fully applicable to the cards in question.

The CAPS Fuelcard, CAPS Prepaid card and CAPS Hybrid card remain valid for 60 months, until the end of the month indicated on the card in the format MM/YY. The CAPS Routex card is valid for 36 months until the end of the month indicated on the card in the format MM/YY. The transactions performed with the Routex side of the CAPS Routex card are always charged at the pump price of the station. Transactions with the CAPS Routex Combi card are invoiced as much as reasonably possible per country, and, if reasonably possible for G&V, according to the VAT regulations applicable in the countries where the refuelling takes place, insofar as this is known to G&V and G&V has the required information from the Customer in that country.

In addition to the CAPS Fuel card and in the event that it is offered, the Customer can subscribe to the Virtual Fuel card, subject to specific terms and conditions that will be communicated separately or can be consulted on the website www.caps.be.

Refuelling of specific Products:

LNG

The Customer knows and acknowledges that refuelling with LNG (Liquefied Natural Gas) entails serious safety and health risks, and that this can only be done in strict compliance with the relevant regulations, the safety regulations (including, but not limited to these, visible on the site where refuelling takes place) and the highest professional standards and standards of caution. The Customer warrants that the persons who refuel for with LNG have received appropriate training for this and that they know that they must comply with and are sufficiently familiar with these regulations and standards.

The Customer warrants, among others, that the persons who refuel with LNG have the required certificate for refuelling liquid methane, as applicable at the time of refuelling. Even if the possession of this certificate is not mandatory, G&V strongly recommends that such is made available or that at least similar training is followed by those who refuel with LNG, due to the safety risks associated with refuelling with LNG.

G&V can under no circumstances be held liable for refuelling with LNG using its fuel cards, whether or not at the stations it operates, especially not, but not limited to, if the refuelling is done by untrained or unskilled persons, or the safety regulations are not followed. The Customer will indemnify G&V if it is nevertheless held accountable by persons who refuel LNG or third parties in this context.

In the context of the foregoing, the Customer warrants among others (but not limited to these) that it and the persons who refuel with LNG for it, when refuelling LNG, shall wear the necessary and adequate safety clothing at all times, in particular but not limited to closed, high shoes, long pants, long sleeves, cryogenic gloves, face shields (safety glasses are not sufficient) and that they have good knowledge of the vehicle they are refuelling with LNG (such as, but not limited to, the location of the connections, fuel valves, pressure gauges and the bleeding procedure…)

Electric

Charging an electric vehicle (EV) is an optional service of the CAPS Fuel Card and the activation of the product needs to be requested. Charging is possible on the third party network (an overview of the current network can be obtained from G&V at all times) and the own network of G&V. The network includes charging stations with different charging capacities. It is the Customer’s responsibility to check which type of charging station is suitable for its fleet and G&V cannot be held liable for this.

The cost of electric charging (€/kWh) appears on the usual G&V invoice, the transactions costs and potential subscription costs will be invoiced once a month. Details of these costs can always be requested from sales@g-v.be.

The cost of electric charging on the third party network is determined by the local operators of the charging stations. These rates are fixed and they vary depending on the charging speed AC/DC and the location. These rates are not determined by G&V and are nonnegotiable. Information from the local charging station operator regarding the consumption by the Customer and the charging rates are binding.  For this service, G&V charges a roaming fee and a transaction cost. Potential rotation rates, parking fees and starting costs will be passed on to the Customer on a one-to-one basis. The last overview of these costs can be requested from sales@g-v.be.

G&V is not responsible for any information spread by the partner from the third party network, nor for the availability or functioning of the electric charging stations, nor for any damage that might occur resulting from the use of the charging stations.

Red gasoil extra

It may only be used for legally permitted engines, and not for road vehicles. G&V is not liable for unauthorised use. The Customer shall indemnify G&V in the event that it is held liable in this context. If a Customer wishes to purchase additional Fuel Oil from G&V, it must request this in writing in advance by email.

Blocking of CAPScard by Customer

The CAPScard can be blocked by the Customer in the following way and in the following circumstances:

  • In the manner foreseen in the online system, whereby the blocking takes place no later than 4 hours afterwards,
  • By written notice, the receipt of which will be confirmed by us.

Blocking of CAPScard by G&V

The CAPScard will be automatically blocked by G&V, without it being liable or subject to damage compensation, in the following cases:

  • If an incorrect code has been entered three times, after which it will be unblocked after 24 hours
  • If the tank limit, or credit limits have been reached,

 

In the above cases, the card is automatically blocked, without any right to damage compensation on the part of the Customer.

G&V also has the right to block and/or permanently revoke the cards and discontinue the cooperation with the Customer, without a statement of reasons, with immediate effect, and without liability, in the case of (i) a refused direct debit, (ii) late or refused payment, (iii) collective debt settlement or any measure under the Belgian Continuity of Enterprises Act, (iv) if the insurer of G&V indicates that it is no longer willing/able to insure the credit granted by G&V to the Customer when using the fuel card(s), for whatever reason (v) if the Customer’s assets have been impaired and, for example, but not limited to this, have fallen below its capital (vi) if there are serious reasons to

believe that the Customer will not be able to pay its debts (vii) if a CAPScard has not been used for mor than 6 months (viii) if G&V suspects abuse or fraud.

….

G&V can reclaim or exchange the CAPScard at any time via a reasoned request, without being liable for any resulting damages.

Without prejudice to the foregoing, G&V reserves the right – at its discretion and without being liable for damages – to refuse Customers who present themselves (for registration) to a specific service on objective grounds, including (non-exhaustive list) if it reasonably suspects that this Customer has violated applicable law or engaged in fraudulent practices, or if any association with such a Customer could damage the reputation of G&V.

 

 

Invoice and collection

The transactions are invoiced periodically as agreed with the Customer. Unless agreed otherwise in writing with the Customer, the standard payment term is 7 days after the invoice date by direct debit. The G&V general terms and conditions of sale, which are communicated with the invoice, apply to the sales, to the exclusion of any terms and conditions of the Customer.

The invoice is drawn up on the basis of the transactions and the details of these transactions, if agreed, are shown per fuel card on the attachment to the invoice.

The invoices are payable on the due date by direct debit and for this purpose a European Direct Debit mandate (SEPA) is signed by the Customer, which gives G&V permission to request the amount of the invoice on a regular basis from the bank that manages the mandate.

The Customer undertakes to make sufficient funds available so that the debit orders can be executed.

By default, the invoice and attachment are sent by email. If the Customer wishes to receive its

invoice by post, G&V reserves the right to charge an administrative cost of € 2 (excluding VAT) per

invoice.

Optional services

If the Customer uses optional services that G&V offers, such as, without being limited thereto, CAPS Online, or Alerting System, it undertakes not to lend this information, including the login and passwords, to other persons and to keep such strictly confidential. G&V cannot be held responsible for misuse of the logins or passwords.

Website and app usage:

The Customer is aware of the limitations and risks of using the internet or any other medium with which G&V makes its services available now and in the future. The Customer is also aware of the risks of digital or electronic storage and the transmission of information. The Customer accepts that G&V is not liable for any damage caused by the use of its websites or the internet as a result of the aforementioned risks.

G&V cannot be held liable for the content of websites or apps that are available via links on its website. The mere fact that these links are available on the G&V website/app does not at any time imply endorsement, acceptance or acknowledgement of these other websites/apps. In addition, it is the Customer’s responsibility to check that these websites/apps are free of viruses and other programs or items that could be harmful to its equipment.

G&V cannot be held responsible for the information provided and the irregularities detected via the optional services it offers, nor for irregularities that, for example, would not be identified or not identified in time by the alerting system.

Validity and amendment of these terms and conditions

If any provision of these General Terms and Conditions of Use is found to be void, invalid, unenforceable or illegal, the remaining provisions will remain in full force. The gap that arises in the General Terms and Conditions of Use as a result of the void, invalid, unenforceable or illegal

provision will be filled in accordance with applicable law by application of a valid provision that most closely approximates the original economic intent of these terms and conditions.

 

 

 

Privacy and protection of personal data:

Applying for and/or using the CAPScard requires the collection and processing of the personal data of the Customer’s representative and contact persons. The Customer undertakes to inform the customer service department in a timely manner of any change with regard to its usual email address, identification and address details, in order to allow G&V to provide proper service.

 

 

The protection of the personal data of the Customer’s representative and contact persons is extremely important to G&V. G&V will therefore protect these as well as possible and always guarantee the rights of the representative and contact persons of the Customer when using these data in accordance with the applicable rules regarding privacy and the protection of personal data.

G&V processes the personal data of the representative or contact person of the Customer for the purposes and legal grounds described in its privacy statement, which can be consulted online on the G&V website, www.g-v.be. This privacy statement may be amended from time to time. In the G&V privacy statement, the Customer’s representative or contact person can find more information about their rights, which data is collected and how it is used, as well as information regarding the retention period for sharing their personal data, etc.

 

Applicable law and competent courts

Belgian law applies to the use of the CAPScard and any optional services. Each dispute about the implementation or validity of these terms and conditions or the relationship between G&V and the Customer will be settled by the courts of the district where G&V has its seat.