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GENERAL TERMS AND CONDITIONS OF BUSINESS

for issued by the FleetCor fuel cards fuel cards GmbH.

Shell embléma

Section 1

1. The FleetCor fuel cards GmbH, Teinfaltstrasse 8/4, 1010 Vienna, Austria (hereinafter "FleetCor") offers customers the opportunity for presentation of the card FleetCor participating (in accordance with the options and categories of each card according to the card application) at partner companies, in which the corresponding card icon is displayed without cash to buy goods and services. FleetCor is authorized to issue Euro Shell cards that can be used in Austria within the Shell network of fuel suppliers.

2. To apply for a contract with FleetCor, under whose FleetCor will issue cards, you must complete the application form on the website FleetCor by specifying all the requested information, and confirm that you agree to these Terms and Conditions.The application is considered complete when you have this completed and clicked "make application now 'button. FleetCor will acknowledge receipt of your request by email. The customer should keep a copy of terms and conditions for its own records. These can be printed during the application process and be consulted following the application on the FleetCor website. Then FleetCor will assess whether you are eligible for a contract and will also carry out a credit check. FleetCor is free to decide whether an agreement is concluded with you and will inform you by e-mail whether your application has been accepted or rejected.

3. The sale of fuels, lubricants and antifreeze, as well as minor repairs carried out on behalf of and for the account of FleetCor and not subject to the terms and conditions of the sale.

4. In addition to the scope of which is set forth in this Section 1, FleetCor may also offer the following additional services. For the payment of user charges and tolls with respect to the charging scheme for the use of certain roads for heavy duty vehicles ("toll") in Austria, the customer FleetCor authorized (or another party on behalf of FleetCor), payments on his behalf and at his own expense for any fees payable by the customer ASFINAG motorway and highways-finance AG to make over the toll road operator. The invoice is issued by the toll road operator. FleetCor will present to the customer monthly account statements. To avoid doubt, FleetCor is entitled to charge the customer any incurred tolls in the following month or early checkouts. FleetCor assumes no liability for culpable conduct on the part of the toll road operator nor for any billing errors.

5. FleetCor will use reasonable endeavors to ensure that the cards at the fuel supplier will be accepted as means of payment, but can not guarantee this. If a cardholder accepts a delivery of goods, FleetCor will make the ownership of such goods as soon as possible to the customer before they are delivered to the cardholder.

6. The charges incurred by the use of the Card are set out in the applicable table of fees and subject to the relevant applicable tax rates. The fee table with the applicable fees can be viewed by the customer at any time via their personal login area.

7. From time to time FleetCor will undertake risk assessments which - as described in this clause - based on specific criteria, especially in regard to the risk that customers may default on their payments or failure. If it is determined that the customer might default on their payments or failure, FleetCor is entitled to demand an additional risk premium for any transactions made with the card FleetCor under this clause. FleetCor will assess the risk, by taking advantage of the credit rating that is provided either by the credit protection association in 1870 or Creditreform or similar agency available. If the credit rating of the customer is 275 or higher, risk premiums of up to 20% of the fuel price may be charged to the customer's expense. Same risk surcharges can be levied if no credit information on the customer exists. These risk premiums will continue until the credit rating of the client is less than 275 for a continuous period of 3 months. The risk assessment and the decision risk premiums will rise to made solely by FleetCor, based on the information provided by the respective credit report. The credit report does not affect this decision. FleetCor must inform neither the levying of the risk premiums the customer nor FleetCor must provide the credit report available to the customer. Moreover FleetCor may require the customer at any time additional adequate collateral due to the established credit limits. Such guarantees may after termination of the contract, as a rule, 3 months, are held back by FleetCor. When the credit limit is exceeded FleetCor is entitled to cause the blocking of the card.

 

Section 2

1. The customer will receive from FleetCor cards that either can be used in the context of a particular vehicle (vehicle card) or by a particular driver (driver card) can be used. Furthermore, the PIN code for the card, the customer receives separately.

2. For information about safety, please see our Privacy Policy.

3. The FleetCor card must be kept secure at all times to ensure that it does not fall into the hands of unauthorized persons. In particular, the card may not be left in an unattended vehicle. The customer agrees to regularly check that the card has not been lost, stolen or used without authorization was, and to check the bank statements of the map. The customer is obliged to regularly check that the card has not been copied or used fraudulently. This includes in particular the checking of invoices and transactional documents.

4. The customer is obliged to immediately report the loss or theft of a card, as well as the unauthorized use of a card for the toll-free number +49 (0) 800-30 0148 or to do so on the online portal of FleetCor by the blocking of the card is requested.FleetCor is, as far as technically possible, block the card immediately. Once the customer has reported the card lost or stolen, the customer is no longer liable for the further use of the card and for any damages resulting therefrom. Until the date on which the card is reported missing or stolen, the customer is liable for any use of the card. In the case of a stolen card or unauthorized use of a card, the customer is obliged to notify the police and FleetCor to send a copy of this report.

5. Upon presentation of FleetCor card and entering the PIN number into the provided device at respective participating partner, the person in possession of the FleetCor card is as empowered, goods and services on behalf and for the account of the customer applies in accordance with this to refer the contract. By entering the PIN code, the cardholder confirms the receipt of the goods and services. This is binding for the customer. Should it not be possible to enter a PIN number, the participating partners has the right to confirm the identity of the cardholder FleetCor in other ways, for example by the signature of the person with which is compared to the map.

6. If the customer has reported the loss, theft or unauthorized use of the card FleetCor, accepts FleetCor liability for any damages arising from the loss or unauthorized use of the card after the customer has reported this, unless the loss or unauthorized use is due to willful misconduct or gross negligence of the customer. Any period after which police display and the opposite FleetCor applies. Gross negligence on the part of the customer is when the customer FleetCor has not immediately notified of the loss or unauthorized use, the PIN number has written to the card or has stored the PIN together with the FleetCor card or PIN number an unauthorized third party has passed. If the customer has contributed through culpable conduct to the damage, shall be governed by the principles of contributory negligence to what extent the customer and FleetCor have to bear the loss. It applies § 1304 ABGB.

7. FleetCor is entitled at any time to terminate the card provided temporarily or permanently for safety reasons, especially in cases of a suspected unauthorized use of the card or when FleetCor has reason to believe that the customer is not able, the cost, provided by FleetCor bill to pay.

 

Section 3

1. The customer is billed monthly costs. FleetCor reserves the right to switch the billing to other periods, such as weekly or daily. The invoices are received electronically via the login Customer and are due within seven days of the date of invoice.Should the customer FleetCor to ask for a printed paper invoice instead of the usual electronic invoices, the customer can FleetCor * charge a handling fee of € 3.98 for each sent invoice sent.

2. Payments shall be made via the SEPA Direct Debit (Core or B2B), to the extent permitted by law, and no other agreement has been made in this regard. The customer is obliged to forward the information to FleetCor and to his bank for a change of mandate. Should a customer fail to pay a bill by the due date, FleetCor is entitled * to charge a handling fee of € 50 per late payment and interest on arrears of 12% above the current base rate of the Austrian National Library. The right to make further claims for damages remain unaffected. The above-mentioned processing fee equivalent to the costs incurred due to delayed payment FleetCor or non-payment by the customer. The customer is entitled to prove that no or lower costs are incurred. FleetCor is entitled temporarily or permanently disable any cards until all payments for outstanding amounts that have arisen by set debits or late payments, have been made. The customer is obliged to inform FleetCor changes the company name, the address or his bank immediately.

3. To ensure smooth processing of payments to ensure the usual period of 14 days will be shortened before the debiting of the amounts due from the respective account on the day before the withdrawal.

4. Any complaints regarding the invoices should be reported immediately by the customer, but not later than three months after the invoice date. After this period, all invoices shall be deemed accepted.

5. Any set-off with a counterclaim is not permitted, unless this has been explicitly acknowledged or legally established.

6. FleetCor reserves the right to charge special customer requests: € 10 * per additional copy of an invoice that has already been sent to the customer, 5 € * claimed per plant by a customer who toll services per copy a sales document and € 10 * ,

 

Section 4

1. This agreement is concluded for an indefinite period and may be terminated at the end of each calendar month within a period of 14 days.

2. The right to terminate this agreement at an early stage for an important reason remains unaffected. An important reason exists if the customer violates repeatedly against this contract, failed payments to make on time or gets into financial difficulties, can not afford any security or withdraw third parties their responsibility for the client and therefore no longer provide the assurance of claims can. In a more than 345 underlying credit rate FleetCor has the right to terminate the contract without notice. In the event of termination without notice FleetCor is entitled to make immediately any and all claims and claims against the customer submits to exploit any security and to transmit the request to third parties, the demand to third parties to sell or to use third parties based on their liability ,

3. FleetCor is entitled to require adequate collateral from the customer at any time. The collateral must FleetCor after termination of this Agreement for a reasonable period - usually three months ago - reserve. When the credit limit is exceeded FleetCor can block the card.

 

Section 5

1. The customer agrees, any cards that are not used for longer or may not be used for longer to destroy so that they can not be used again. This is especially true after the termination of the contract, after the maps and in the case of a damaged card, and on justified request of FleetCor or when they are no longer needed, for example in the case of vehicle cards when the vehicle was sold.

2. FleetCor is entitled to transmit the customer data within other subsidiaries of FleetCor Technologies Inc.. The disclosure of data to third parties beyond is only to service providers of FleetCor for fulfillment of contractual duties, taking into account the statutory provisions on data protection.

 

Section 6

Any claims for damages of the customer are excluded. This does not apply to damages claims by the customer, based on injury to life, limb or health of a person or on the violation of a fundamental contractual obligation ("cardinal duties") as well as liability for other damage caused by intentional or grossly negligent actions on the part are due by FleetCor, his legal representatives or agents. Cardinal obligations within the meaning of these General Terms and Conditions are obligations whose fulfillment is necessary for the proper performance of this contract and on whose fulfillment the customer may regularly rely.

In case of a breach of a cardinal obligation FleetCor liable only for typical contractual foreseeable damage if the said violation was negligent unless the claims for damages based on an injury to life, limb or health of a person.

There is no further liability on the part of FleetCor, in particular any liability for initial defects, unless the conditions of the two protruding portions to be taken.

The limitations of section 5 of this Treaty shall in favor of the legal representatives and agents, from FleetCor if claims are asserted directly against them.
If the liability for damages that are not due to an injury to life, limb or health of a person is, is not excluded due to slight negligence, subject to any claims in this section of a limitation period of one year from the date of the claim.

 

Section 7

1. In the event that FleetCors business activities of another group company of FleetCor Technologies Inc. are taken, FleetCor is entitled to transfer this contract to the acquirer. Group companies are those companies in which FleetCor Technologies Inc. has a direct or indirect majority stake.

2. The law applicable between the parties is governed by Austrian law. Jurisdiction for any disputes arising from this contract is Vienna.

3. FleetCor has the right to change these terms and conditions or to supplement, if the technical aspects of the market (for example, the online portal, PIN method, tolls) to change fundamentally or if individual clauses are invalid due to a change in legislation or an amendment Court reports and these changes of terms and conditions for the customer are reasonable. The customer is informed in advance of such changes or additions in writing or by e-mail. If the buyer fails to submit a written objection upon receipt of the notification at FleetCor within 6 weeks, the amendments or additions shall be deemed accepted. In any case, the customer gives his consent through the use of his card from the date of the change. FleetCor will inform the customer about this. FleetCor is entitled to increase the fees payable by the customer appropriately. FleetCor will take into account the interests of the customer at a change in fees due and make the customer the new fees on the Web site accessible. If FleetCor wants to change the terms and conditions for other reasons, FleetCor will also inform the customer in writing or by e-mail in advance and make accessible to the customer, the amended General Terms and Conditions. The General Terms and Conditions shall apply from the date specified as agreed if the customer is not written objection is filed within 6 weeks of receipt of the notification at FleetCor. In any case, the customer gives his consent through the use of his card from the date of the change.

Last updated: November 2014

 

* Plus VAT.