General terms and conditions
1 – Definitions
In these Terms and Conditions, unless the context otherwise requires, the following terms shall have the following meanings:
- DCC: Diplomatic Card Services Nederland B.V.;
- Customer: the one whose application for Cards is accepted by DCC and in whose name the customer account is held;
- Agreement: the contract between the Customer and DCC constituted by the Application Form, these Terms and Conditions, any payment terms stipulated on any invoice;
- Card: a plastic card or other similar device which allows a Customer to obtain tax-free fuel and other services pertaining to any of the affiliated petrol stations;
- Personal Use (‘PU’): the use of one or more vehicles registered in the name of a natural person;
- Official Use (‘OU’): the use of one or more vehicles registered in the name of a legal person (Embassy, Consulate or International Organisations).
2 – Terms & Conditions
DCC reserves the right to alter the Terms and Conditions at all times. Each alteration will be sent in extenso in writing to the Customer. Any use of the Card, five (5) days after the dispatching of the revised Terms & Conditions, shall entail the acceptance thereof without reservation.
3 – Conditions for the use of the Card
The card is exclusively reserved for parties entitled to exemption of VAT and/or excise duties pursuant to regulations in the relevant territory, by virtue of a special status, either diplomatic or otherwise.
The Customer is personally responsible for providing DCC with prompt and correct information, and must notify DCC of any changes in writing, including changes relating to the Customer’s privilege. When applying for the Card, the Customer must provide DCC with a status (A – Vienna Plus or B – Vienna) and all data and personal data which are relevant to the processing of the application.
4 – Costs related to the use of the Card
Per month a sole and fixed administrative fee per active fuel card is charged for the maintenance and processing of all transactions initiated with the Card(s) of DCC. [Administrative fee for 2015: €3,00 (inclusive VAT)] This administrative fee will be paid, at the beginning of each month, through a monthly direct debit/invoice, for which the Customer shall give explicit mandate to DCC as provided. This fee may be adjusted by DCC, subject to a one-month prior notice to the Customer.
5 – Cost of the Card
The Card(s) are provided free of charge. The production of a duplicate or of a Card due to changes of parameters shall be invoiced at €3,00 (inclusive VAT), per Card. These amounts may be adjusted by DCC, subject to a one-month prior notice to the Customer.
6 – Duty-free fuel price
The charged duty-free price is based upon the daily Recommended Retail Price (RRP) per fuel supplier, not the local discount fuel (‘pump’) prices. The Customer is invoiced the RRP excluding excise duties, depending on the status of the Customer, VAT will also be exempted.
Any fuel purchases that exceeds the limit of the quantities authorised (quota) by the Tax Administration will be invoiced the RRP, inclusive excise duties and VAT.
7 – 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 the transaction as carried out.
8 – Invoicing and Payments
Invoicing by DCC shall be in electronic form (included in the administrative fee). For PU the Customer will be direct debited on a weekly base for all transactions initiated with the Card(s). For OU an E-invoice is sent at the beginning of each month for transactions initiated with the Card(s) for the previous month. DCC may charge the Customer additional administrative charges of €6,05 (inclusive VAT), per invoice that has to be sent on paper.
Any comments with reference to invoices or statements must be reported in written within thirty (30) days.
Any sum not paid on the due date indicated on the invoice or refused direct debit shall entitle DCC to block the Card(s) with immediate effect. If upon subsequent reminder the Customer does not pay, DCC reserves the right to institute judicial collection without sending any notification. All related costs will be for the Customer and are set on 15% of the receivable or a minimum of €150,00.
9 – Authorisation by the Customer
The Customer authorises the Tax Administration to transfer all taxes on fuel purchases the Customer can reclaim, pursuant to the regulations, to the bank account of Stichting E-VAT Service.
The Customer authorises DCC to debit all administrative fees and amounts related to the purchase of duty-free fuel and other products and services payable to DCC, from the Customer’s bank account.
If it emerges that taxes are payable after all (e.g. loss of privilege, misuse of the privilege, etc.), DCC is entitled to claim this from the Customer and to debit the amount payable directly from the Customer’s bank account. The Customer authorises DCC to perform such direct debit.
10 – Delivery of Goods and Services
The Card will be legal tender for purchasing tax-free fuel in the Netherlands at all affiliated petrol stations associated to DCC. DCC cannot be held liable for any temporary or definitive unavailability of the products on one or more petrol stations. DCC will not be held responsible for any defective product delivered at the petrol station.
11 – Use of the Card
The Card must be swiped through the card reader. By entering the PIN (Personal Identification Number) code, the transaction is agreed upon. This use confers on DCC the right to debit/invoice the Customer’s account. The Customer is responsible for the correct use of the Card and the PIN code. The PIN code will be kept secret by the Customer.
The Customer cannot dispute transactions for which the PIN has been validated, even if the card was skimmed. All cards are set-up with a standard velocity check profile to prevent abuse or excessive use in case of lost or stolen Card(s).
12 – Blocking
If a Card is lost or stolen, the Customer must inform DCC immediately by telephone, with written confirmation (reason, card number and Customer name) within two days. The suspension of the Card will be effective immediately after a confirmation by telephone by the Customer. DCC shall accept no liability for costs or transactions executed with the Card that date prior to the moment of the confirmation.
DCC reserves the right to revoke and/or block a Card in case of non-compliance with these General Terms & Conditions, fraudulent or abnormal use by the Customer or a third party.
13 – Website and E-services
A Customer shall register with the fuel service of DCC through a secured website (www.diplomaticcard.com/nl/fuel/the-card/). Registration online is by e-mail at the address indicated by DCC, said registration is accepted upon receipt of a validation e-mail sent by DCC to the Customer. For any difficulties encountered in using the VAT card, DCC places assistance at the disposal of its Customers free of charge during working hours and days.
The E-services enable the Customer to manage Card(s) directly through a secured website. DCC reserves the right to suspend the Customer’s access to the site in case of fraudulent use or attempted fraudulent use of this access.
14 – Force Majeure
In addition to cases defined by case laws, cases of force majeure that exonerate DCC 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 last, a case of force majeure shall suspend the performance of the Agreement for the parties.
15 – Applicable law and competent courts
Any and all disputes shall be governed by Dutch law and shall be referred to the courts of the District Court at ‘s-Hertogenbosch, the Netherlands.
16 – Protection of personal data and privacy
By virtue of the laws on privacy (Wet Bescherming Persoonsgegevens of 1 September 2001), the Customer is informed of the fact that any personal data regarding himself, will be processed and stored by DCC Operations B.V., Lage Mosten 31, 4822 NK, the Netherlands.
DCC will use the Customer’s personal data exclusively for the fulfilment of the obligations stated in the Agreement. In order to facilitate such fulfillment, the Customer authorises DCC Operations B.V. to use those data, and therefor may receive commercial offers from DCC.
The Customer has the right of access and validation of any personal information, and may contact DCC to that end at all times.