MAES GENERAL CONDITIONS

MAES GENERAL CONDITIONS

Part 1. Definitions.

Article 1 Definitions.

The following definitions are used in these terms and conditions:

  • Account: a customer number opened by the Card Manager for a Customer with an approved credit limit for purchasing Fuel Products at a Gas Station.
  • Fuel products: all forms of diesel, gasoline and other petroleum and gas oil products, and all related products and services, which MAES delivers to the Customer from time to time.
  • Card: one or more fuel card (s) issued by the Card Manager to a Customer, which give the Customer the option of purchasing fuel products in the network of Fuel Stations under the agreed conditions and modalities.
  • Card Manager: MAES or any company with which MAES has concluded an agreement for issuing Cards and processing transactions.
  • Card agreement: the agreement concluded between MAES and the Customer regarding the use of the Card, including all appendices and any addenda thereto.
  • Cardholder: the Customer or the natural person designated by the Customer who is entitled to use the Card.
  • Customer: the natural or legal person who (i) has concluded a Delivery Agreement and / or (ii) has concluded a Card Agreement.
  • Customer-Consumer: every Customer who is a natural person and who acts for purposes that fall outside his trade, business, craft or professional activity.
  • Delivery agreement: the agreement between MAES and the Customer regarding the delivery of Fuel products outside the network of Gas stations.
  • MAES: the public limited company ETABLISSEMENTEN J. MAES ZONEN, registered in the legal persons register of Antwerp, department Mechelen, with registered office at 2880 Bornem, Reedonk 12 and with company number 0429.995.654.
  • Personal Page: the private section on the website of MAES (cards.maes-oil.be) to which the Cardholder has access and on which the Customer can view his use and the possibilities of use of the Card.
  • PIN code: the combination of four digits chosen by the Cardholder to secure the Card when using the Card.
  • Gas station: a point of sale where Fuel products are sold and which belongs to the network of gas stations for which the specific Card of the Customer is authorized and which is authorized to accept the Card.
  • Password: the password chosen by the Cardholder, required to gain access to the Personal Page.

Part 2. General provisions

Article 2 Scope.

  1. These general terms and conditions apply to every delivery of Fuel Products by MAES to or on behalf of Customers as well as to the Cards. They thus form an integral part of every Delivery Agreement and every Card Agreement.
  2. The Customer acknowledges and accepts that the Customer’s own general or special conditions are explicitly excluded, even if they are communicated at a later date.

Article 3 Prices.

  1. MAES respects the maximum prices as determined on the basis of the program agreement concerning the regulation of the maximum selling prices of petroleum products. Upon delivery of the Fuel Products, the total price may be higher than the official maximum price. However, this increase is due to the use of additives which are not included in the official maximum price and which are charged as a supplement.
  2. Except in the case of a sale to a Customer-Consumer and unless stated otherwise by MAES, the prices quoted are expressed in euros, excluding taxes, taxes, fees, levies and excise duties. The taxes, taxes, fees, levies and excise duties are always borne by the Customer and are charged by MAES to the Customer.
  3. MAES can, in all reasonableness, record and change service surcharges, which will apply for the future. The list of service charges can always be consulted via www.maes-mobility.be.

Article 4 Payment.

  1. The Customer explicitly accepts (i) that invoices and other correspondence are only sent electronically by e-mail as an attachment, (ii) that the electronic invoices must be considered as original invoices and (iii) expressly refrains from contest the validity of these electronic invoices. If the Customer chooses to receive a paper invoice, he will inform MAES of this. Except in the case of such a request by a Customer-Consumer, MAES reserves the right in this case to charge an additional cost of EUR 5.00 per envelope for this.
  2. The Customer must pay the amounts due at the latest on the due date, unless agreed otherwise in writing.
  3. MAES has the right to:
    1. to first allocate payments to any costs owed, the conventional lump sum compensation and all overdue default interest before allocating them to the outstanding principal (s); and
    2. to compensate all amounts it owes the Client for whatever reason with the amounts the Client owes it, regardless of whether or not these amounts are due and payable.

Article 5 Non-performance.

  1. In the absence of payment within the due date of one or more invoices:
    1. MAES is entitled by right and without notice of default to:
    2. payment of default interest at a conventional interest rate of 8% per annum from the due date of each invoice until the date of full payment; and
    3. payment of a fixed compensation of 10% of the outstanding amount with a minimum of EUR 40, – without prejudice to MAES’s right to claim additional compensation if it can prove that its damage exceeds the aforementioned amounts;
  2. MAES has the right to withdraw any permitted discounts to the Customer;
  3. all outstanding but not yet due invoices become legally and without notice of default;
  4. MAES has the right to suspend the obligations still to be performed vis-à-vis the Client by operation of law and without notice of default until it has received full payment; and
  5. if MAES has granted a repayment plan to the Customer for already due debt (s), the Client will lose the benefit of the installment payment and the entire debt will be increased by the default interest at the conventional interest rate and the conventional, fixed compensation. due and payable without notice of default.
  6. In case of doubt about the solvency of the Customer, including, but not limited to, the non-payment or late payment of one or more invoices, the attachment of an attachment against the Customer (possibly also by a third party), the requesting of payment deferment, requesting a judicial reorganization or a similar procedure, the cessation of the activities of the Customer and the liquidation of the Customer, will provide the Customer, upon simple request of MAES, a security and maintain that security for the amount that, of the type that, in the form and at the institutions that MAES can determine at its own discretion at any time. If the Client fails to do this, MAES is entitled to suspend all deliveries

Article 6 Liability.

  1. 1. The delivery of Fuel Products takes place at the risk of the Customer, who must properly insure himself against possible claims.
  2.  MAES is only liable for damage caused by the non-execution, the incomplete execution, the late execution or the improper execution of its obligations in the event of intentional or gross negligence. This liability is only limited to the foreseeable, direct and personal damage of the Client, to the exclusion of all indirect, consequential or intangible damage including, without limitation, lost profit, loss of income, financial loss, personnel costs, damage to property or damage to third parties. The liability of MAES is in any case limited to the lowest amount of (i) the benefit that MAES can claim under a liability insurance policy concluded for this, and (ii) the amount that the Customer has paid to it for the delivery of the Fuel Products that has given rise to the Client’s damage, whereby a series of events that cause the same damage are considered as one event.
  3. The Customer agrees explicitly and unconditionally to waive any further claim to compensation of any kind whatsoever charged to MAES.
  4. If the Customer is of the opinion that the Fuel Products supplied by MAES, or the amount charged for them, does not comply with what the parties have agreed upon, the Customer must notify MAES in writing within 8 (eight) days after delivery, or 8 (eight) days after the moment at which the Customer could reasonably be aware of the shortcoming he has stated, failing which the Customer can no longer claim any claims in this regard. Any claim for damages against MAES (except for those expressly acknowledged in writing by MAES) lapses by the mere lapse of a period of 1 (one) month after the Customer has discovered or should have reasonably discovered the damage.

Article 7 Retention of title and risk.

  1. MAES retains the exclusive ownership of all the Fuel Products it supplies until all amounts due in connection with the delivery, including any lump sum compensation, default interest and costs, have been paid in full. The Client undertakes not to dispose of or process these Fuel Products before full payment.
  2. However, the risk with regard to the Fuel Products is already transferred to the Customer when the Fuel Products leave the filling gun.

Article 8 Force majeure.

  1. MAES will not be liable for the non-performance or late performance of its commitments in the event of force majeure. Force majeure includes all circumstances that are not due to an error on the part of MAES and that make it impossible, complicate, delay or costly to fulfill its obligations, such as but not exclusively:
    1. strikes, social disputes of any kind, partial or general cessation of work, refusal to perform any work (irrespective of whether the foregoing is legally permitted or whether or not it relates to the employees of MAES);
    2. fire, accidents, exceptional traffic nuisance, storm, snow and floods;
    3. any inability to obtain Fuel Products or the raw material from which the Fuel Products are derived directly or indirectly;
    4. technical problems or disruptions with regard to Gas stations, installations, machines, facilities, transport equipment, communication systems, computer systems or card readers;
    5. compliance in good faith with any regulations, orders or requests from, or interventions by, or restrictions imposed by international, national, provincial, port or other public authorities or any person who claims to act for such authorities (regardless of whether or not they are ultimately found to be valid); or
    6. the threat or reasonable concern about one of the above events.
  2. The unacceptable and unavoidable nature of the aforementioned circumstances is always deemed to have been acquired.

Article 9 Information obligation.

  1. The Customer must immediately inform MAES of any change to his contact details. In the event of a change of e-mail address and / or contact person for sending the electronic invoices to the Customer, the Customer undertakes to inform the Card Administrator immediately via the Personal Page or by e-mail at the following address: fuel card @ maes-oil.be.
  2. Unless stated otherwise, the Customer must always send notifications to MAES to the address of its registered office. MAES can send notifications to the Customer to the postal address, fax number or e-mail address provided by the Customer, or, as the case may be, as evidenced by the publications in the Belgian Official Gazette or other publicly accessible databases. 

Article 10 Privacy and personal data.

 MAES uses your personal data in accordance with its privacy policy, which is available at https://www.maes-oil.be/nl/privacy-policy/.

 Article 11 Execution by third parties

 MAES always has the right to have its obligations executed by third parties it chooses, such as sub-suppliers and sub-contractors.

 Article 12 Contract transfer

MAES has the right to transfer any agreement between it and the Client to a third party, i.h.b. to companies that belong to the MAES group, without the Client’s prior consent.

Article 13 Changes.

MAES can change these terms and conditions. These changes take effect after the expiry of a period of 2 months from the moment they were communicated to the Customer, if he has not terminated the Card Agreement or Delivery Agreement within the same period.

Article 14 Divisibility.

If a provision of these general terms and conditions is declared wholly or partially unlawful, void or unenforceable under the applicable law, the relevant provision or the relevant part thereof is deemed not to form part of these general terms and conditions, and the legality, validity remains and enforceability of the other provisions of these general terms and conditions. In such a case, MAES and the Customer will immediately and in good faith negotiate a valid replacement clause that is as close as possible to the original intention of the parties and has the same or as similar economic effect as possible.

Article 15 Applicable law and competent court.

  1. The legal relationships between MAES and the Client are exclusively governed by Belgian law.
  2. In the event of a dispute, only the courts of the jurisdiction of the registered office of MAES have jurisdiction, unless the law mandates another competent court.

Part 3. Delivery agreement.

Article 16 Scope

The provisions of this part 3 apply, in addition to the provisions of part 2 and the special conditions that have been agreed, specifically for Supply Agreements.

Article 17 Formation.

  1. The Delivery Agreement between MAES and the Client is only concluded after the Client has placed an order for delivery of Fuel Products and MAES has explicitly accepted this order. MAES may always require that an oral (telephone) order is first confirmed in writing by the Customer, before proceeding to delivery, i.h.b. when the evidence in civil matters applies. The acceptance of the order by MAES may also be evidenced by the fact that it proceeds to delivery.
  2. MAES will deliver Fuel Products as stipulated in the Delivery Agreement. The Customer shall purchase the ordered Fuel Products, pay the agreed price and comply with the other provisions of the Delivery Agreement. The Delivery Agreement does not affect the applicable legal and regulatory provisions.
  3. If the Supply Agreement qualifies as a distance agreement or agreement concluded outside the sales areas, as defined in the Economic Law Code, the Customer-Consumer has a right of withdrawal as referred to in Article VI.45, §1 8 ° and Article VI.64, §1, 7 ° of the WER. The Customer-Consumer can make use of this right of withdrawal by notifying MAES in writing within fourteen days of confirming the conclusion of the Delivery Agreement that he wishes to make use of this right of withdrawal. This letter contains, among other things, the data of the Customer-Consumer, the date of ordering the Fuel Products, the designation of the ordered Fuel Products, the date of withdrawal and the signature of the Customer-Consumer. If the Customer-Consumer expressly requests MAES to deliver the ordered Fuel Products within the period of the right of withdrawal, the Customer-Consumer is deemed to expressly waive his right of withdrawal.

Article 18 Cancellation.

  1. Any request for cancellation of a Delivery Agreement by the Customer must be in writing and only takes effect after written acceptance by MAES. In the event of cancellation of an order by the Customer, the Customer owes a flat-rate reimbursement of 35% of the price of the order.
  2. However, the previous paragraph does not apply if the Customer-Consumer exercises his right to revoke the Supply Agreement, which would qualify as a distance contract or an agreement concluded outside the sales premises on the grounds of his right of withdrawal. as referred to in Article 17§ 3 of these general terms and conditions.

 Article 19 Price.

  1. The order for Fuel Products for delivery outside the network of Gas Stations is accepted subject to reservation and executed at the current price in force on the day of the order.
  2. Any change of one or more elements that form the basis for the calculation of the selling prices, that can be determined on the basis of objective circumstances and that are not exclusively attributable to the unilateral expression of will of MAES (including but not limited to, an increase in taxes, fees, fees, levies and excise duties), entitles MAES to the commitments entered into at that time to revise and adapt to the situation as it applies at the time the Fuel Products are delivered.

Article 20 Delivery times.

  1. All delivery periods stated by MAES are communicated to the best of their knowledge on the basis of the information known to MAES at the time the respective delivery period was specified. Except in the case of delivery to a Customer-Consumer, the specified delivery times are only mandatory if it is explicitly agreed in writing that the execution time is mandatory by the explicit mention of “mandatory execution time” in the Delivery Agreement. MAES will, to the best of its ability, try to comply with the stated delivery period.
  2. Except in the case of a delivery to a Customer-Consumer, in the event of a delay in performance, the Customer will in no case be able to demand the dissolution of the agreement – unless MAES is notified by registered letter fourteen days the Client has still not executed – and the Client will in no way be able to claim any compensation or fine of whatever nature from MAES.

Article 21 Delivery.

  1. The Client will provide MAES with all information that is necessary to deliver the Fuel Products easily and safely. If there are specific delivery situations specific to the place of delivery, the Client will inform MAES in writing at the time of the order.
  2. The quantity of a Fuel Product delivered is determined by the Customer by reading the meter readings on the tanker before and after delivery. A copy of the delivery note with ticket print of the meter readings is always left with the Customer. The Customer accepts this ticket print as proof of the quantity delivered. MAES may require the Customer to sign off this ticket print.
  3. If the delivery of Fuel Products cannot take place due to the fault of the Customer, the costs caused by this will be charged to him.

Article 22 Liability

  1. The deliveries of Fuel Products by MAES take place in accordance with the instructions of the Customer, who is responsible for the information provided by him and bears full liability for this. The Customer who wants the MAES tank truck to enter his site guarantees that the surface is sufficiently strong to support the tank truck and that there is sufficient room for maneuver for the tank truck. Under no circumstances can MAES be held liable for damage to the ground caused by the tanker as a result of poor stability or insufficient maneuvering space.
  2. The Customer bears sole responsibility and liability for:
    1. the fact that the storage tank and associated parts are manufactured and installed and used with respect for  all applicable environmental regulations, and in particular with regard to the storage of liquid fuels; and
    2. the capacity of its storage tank.
  3. MAES will under no circumstances be liable for the overfilling as a result of too large a delivery if this is the result of incorrect or incomplete information provided by the Customer.
  4. MAES disclaims any liability for damage caused during the delivery of Fuel Products due to defective storage material or defects at the delivery location.
  5. The Customer has the obligation to inform MAES of any problem that may arise during the delivery of Fuel Products, and this at the latest at the time of the order. In the absence of this, MAES will not be held liable in the event of problems related to this.

Part 4. Card.

Article 23 Scope

The provisions of this part 4 apply, in addition to the provisions of part 2 and the special conditions that have been agreed, specifically for Card Agreements.

Article 24 General provisions.

  1. The Card Agreement between MAES and the Customer is only concluded after the Customer has placed a request for the allocation of one or more Cards and MAES has explicitly accepted this request.
  2. If the Card Agreement qualifies as a distance agreement or agreement concluded outside the sales areas, as defined in the Economic Law Code, the Customer-Consumer has a right of withdrawal as referred to in Article VI.45, §1 8 ° and Article VI.64, §1, 7 ° of the WER. The Customer-Consumer can make use of this right of withdrawal by informing MAES in writing within fourteen days of confirming the acceptance of the request to conclude a Card Agreement that he wishes to make use of this right of withdrawal. This letter contains, among other things, the data of the Customer-Consumer, the date of withdrawal and the signature of the Customer-Consumer. If the Customer-Consumer makes use of this right of withdrawal, the Card Agreement will cease to exist by operation of law and, if applicable, the Customer-Consumer will no longer be able to use the Card (s) that have already been made available and will immediately return it to MAES.
  3. MAES decides at its own discretion whether or not to grant a Card. Cards are only issued after a Card Agreement has been signed by MAES and the Customer.
  4. After receiving the completed application, MAES will apply to its credit insurer for cover for the credit risks on the Customer. If no cover is provided, Cards can only be provided after the Customer provides a (bank) guarantee. After obtaining a credit line or (bank) guarantee, MAES will send the requested Card (s) and PIN (s) blocked to the Customer. After confirmation of receipt by the Customer, MAES will activate the Card (s)
  5. When the Card Agreement is signed by MAES and the Customer, an Account is opened with a credit limit approved by the Card Manager and with the restrictions or extensions agreed between MAES and the Customer.
  6. If the Cardholder and the Customer are not the same person, the Customer ensures that the Cardholder respects the applicable conditions and the Customer is liable for the consequences arising from his use of the Card. All provisions of these general terms and conditions and the Card Agreement apply in full to the Cardholder
  7. The Card remains the property of MAES at all times and is returned by the Customer on first request. Neither the Customer nor the Cardholder may change anything about the Card and not copy it.
  8. The Card, the PIN code and the Password are strictly personal. Only the Cardholder is entitled and authorized to use the Card, the PIN Code and the Password for himself or, if applicable, in the capacity of an independent service provider or employee employed by the Client. The Cardholder is expressly forbidden to make the Card, PIN and Password available to third parties in any way (actively or passively).
  9. The Customer can specify a number of restrictions per Card, via the Card Manager’s customer service or, if possible, via the Personal Page, including, but not limited to, card limits, geographical area and product type. An average processing time of 1 working day applies
  10. The used credit of the Account may never exceed the established credit limit for the account.
  11. The Card is only valid within the network of Gas Stations.

Artikel 25      Duration.

  1. The Card can be used and is valid for the entire duration of the Card Agreement.
  2. The duration of the Card Agreement is laid down in the special conditions. In the absence of an explicit provision regarding the duration of the Card Agreement in the special conditions, it is deemed to be of indefinite duration. The Customer can cancel the Card Agreement with immediate effect by sending a registered cancellation letter to MAES. MAES can cancel the Card Agreement by sending a registered cancellation letter to the Customer and with due observance of a cancellation period of one month, counting from the sending of the aforementioned cancellation letter.
  3. Notwithstanding the foregoing and any other remedies available to MAES, the Card Agreement may be terminated by MAES with immediate effect in the following cases, after notifying the Customer if:
    1. the Customer remains in default to make payment on the due date of one or more invoices;
    2. the Client exceeds his credit limit;
    3. the Client fails to provide or maintain sufficient security;
    4. any bank guarantee (s) provided will be terminated;
    5. any credit lines are withdrawn by the Client’s lender;
    6. there is a suspicion of fraud or misuse of the Customer’s Card (s), or if such fraud or misuse has been established;
    7. MAES conducts and / or obtains a credit assessment for the Client (in connection with which the Client hereby agrees that MAES conducts and / or obtains this credit assessment from time to time) which, in MAES’s opinion, does not meet expectations;
    8. MAES is of the opinion that there are objective reasons to believe that the financial situation of the Customer has been affected or is becoming unstable;
    9. the Customer commits a material infringement of any (other) article of these general terms and conditions and / or the Card Agreement; or
    10. the Customer transfers his rights and obligations under the Card Agreement without the express written permission of MAES.
  4. In the event of termination of the Card Agreement, for whatever reason, the Customer is obliged to return the Card to the Card Manager without delay and the Customer and, if applicable, the Card Holder, are strictly prohibited from continuing to use the card.

Article 26 Use.

  1. The Card may only be used by the Customer or, if applicable, the Card Holder, for obtaining Fuel Products at those Gas Stations as agreed with the Customer.
  2. The Cardholder must handle the Card, the Pin Code and the Password with care. The Cardholder must take all measures to ensure the security of the Card, the PIN code and the Password and to prevent unauthorized use thereof.
  3. The Card may only be used for purchases on the Customer’s Account within the credit limit set by the Card Manager and with due observance of the applicable restrictions.
  4. The Cardholder must have the Card blocked immediately if there is reason to do so. In that context, the Cardholder must at all times stay informed of the regulations that MAES provides, for example to prevent fraud with the Card and the PIN code.
  5. The Cardholder is obliged to always keep the Card securely and carefully. In this regard, the Cardholder will ensure that:
    1. no one can see the Card in the storage place where the Card is stored if the Cardholder does not use the Card;
    2. no one can see where the Cardholder is storing the Card;
    3. the Cardholder stores the Card in such a way that no-one can take it away unnoticed; and
    4. the Cardholder ensures that he does not lose the Card
  6. The Cardholder is obliged to always use the Card carefully. The following rules apply in any case:
    1. the Cardholder never hands over the Card, even if another person wants to help him;
    2. the Cardholder does not lose sight of the Card for a moment until the Card is safely stored again;
    3. the Cardholder always checks whether he receives his own Card back after use and that it has not been exchanged for another card;
    4. the Cardholder carefully follows the instructions on the payment terminal with regard to the safety of that payment terminal;
    5. the Cardholder immediately contacts the Card Administrator via the MAES reporting point in Article 30§ 1 to have the Card blocked if it has not been returned after a transaction;
    6. the Cardholder does not use the Card if he knows or suspects that the use is or may be unsafe in certain situations; and
    7. the Cardholder will not be distracted if he uses the Card.
  7. The Customer may not use the Card in any way to obtain cash.

 Article 27 PIN code.

  1. In order to carry out transactions and identify themselves, the Customer must enter the Card into the payment terminal, the reader or any other device made available to him, and enter his PIN code. The use of the Card may be restricted for security reasons and / or subject to additional conditions.
  2. The PIN code replaces the handwritten signature, also has the same probative value as the latter and serves as approval for the acquisition of Fuel Products. Consent to a transaction is deemed to have been given when the Customer has entered the PIN and / or has followed and completed the necessary authentication procedures to confirm the transaction. The Customer can no longer revoke a purchase of Fuel Products after he has given his consent.
  3. The Cardholder is always required to ensure that the PIN code remains secret. The Cardholder declares that he:
    1. choose a PIN code that is not too easy to find if it changes or chooses the PIN code;
    2. learns the PIN code from the outside and does not write down anywhere;
  4. immediately documents that state the PIN code;
  5. does not show or disclose the PIN to anyone; and
  6. if a note of the PIN is made, this happens in a way that the PIN is not recognizable, traceable or otherwise decipherable by anyone else
  7. The Cardholder must always use the PIN carefully. The Cardholder does that if he:
    1. ensures that other persons cannot see the PIN if the Cardholder enters it, for example at a payment terminal;
    2. when entering the PIN code, the other hand and body are used as much as possible to protect the keyboard; and
    3. cannot be helped by someone else when entering the PIN code
    4. To the extent possible, all obligations of the Cardholder and the regulations given herewith also apply to storing and using the Password.

Article 28 Automatic debit.

  1. Unless otherwise agreed, the payments will be made via direct debit (SEPA). The Client will provide MAES with a fully completed and signed direct debit authorization valid for the entire duration of the Card Agreement.
  2. The pre-announcement with indication of the amount and the date of execution will be sent to the Client within a period of 14 calendar days before the invoice is debited
  3. If an automatic debit is withdrawn or refused, the Customer shall immediately pay MAES an amount equal to the amount of the automatic debit that has been withdrawn or refused. If an automatic debit is unsuccessful, EUR 10 administration costs will be charged to the Client (without prejudice to MAES’s right to claim additional compensation if it can prove that its damage exceeds the aforementioned amount).

Article 29 Credit limit.

  1. The credit limit represents the maximum amount of expenditure that is permitted between two invoices. It does not represent a credit line.
  2. If the Customer exceeds the established credit limit and fails to immediately take adequate measures to bring the issue amount within the established credit limits or immediately agree an appropriate repayment arrangement with MAES, MAES reserves the right to further use the Block the card and close the Client’s Account, without prejudice to MAES’s right to recover the resulting damage from the Client.

Article 30 Abuse, theft or loss.

  1. To prevent unauthorized use of the Card, the Cardholder must have the Card blocked immediately via the Personal Page if:
    1. the Card has been stolen or the Cardholder suspects it has been stolen;
    2. the Cardholder has lost the Card or he no longer knows where he left the Card
    3. the Cardholder finds that one or more transactions have been made with the Card that have not been made by him, for example after verification via the Personal Page;
    4. the cardholder knows or suspects that someone else knows or has seen the PIN code; and
    5. the Cardholder has doubts about the security of the Card or the PIN for another reason
  2. If the Customer recovers or finds the Card after the notification, the Customer or, if applicable, the Card Holder may no longer use it. The old card must be returned to the Card Manager or destroyed, all this at the discretion of the Card Manager, after which the Customer receives a different card and, if necessary, a different PIN code
  3. In the event of damage due to misuse of the Card, the Cardholder must immediately report this to the police. If MAES requests this, the Cardholder and / or the Client must be able to provide a copy of the report.
  4. The Cardholder must take into account that the Card Manager and third parties appointed by MAES and belonging to the network of Service Stations can have the use of a specific Card blocked if there is (suspected) misuse, a technical defect or when this is necessary for the safety and protection of the Customer, and / or the proper functioning of the relevant Card.
  5. The Card Manager can at any time permanently or temporarily block a Card or refuse to re-issue, renew or replace it.
  6. The Client is liable for transactions made with the Card or for transactions that misuse the Card in general up to 4 hours after the Card has been blocked via the Personal Page.

 Article 31 Intellectual Property Rights.

  1. The intellectual property rights to all services and accessories of MAES are the property of MAES or of the third party from whom MAES has obtained the right to make (a part of) these services available to the Customer and / or its customers and / or Cardholders. to state
  2. The Customer declares that he will not infringe in any way, or that he will assist in this in an active or passive manner, with regard to the intellectual property rights referred to in Article 31, § 1. “infringement” is also understood to include (trying to) adapt, change, circumvent, prevent the operation of the security measures of the chip of the Card and / or the Personal Page, for the purpose of unauthorized use of the Card.

Article 32 Liability.

  1. It is forbidden for the Cardholder to damage or cause the Card to be damaged, to have it changed or to have it used in any other way, other than the use for which the Cardholder is authorized.
  2. The Customer is – insofar as this is possible within the legal limits – fully liable for all damage, for whatever reason, related to the use and / or misuse of the Card, the PIN or the Password. towards MAES, the Card Manager and / or third parties. “Damage” is understood to mean all direct and indirect damage, except for the liability for direct damage caused by an attributable shortcoming in the implementation of the Card Agreement by MAES.
  3. The Client indemnifies MAES and the Card Administrator and / or third parties against all damage caused by counterfeiting, alteration and / or copying of the Card by the Cardholder or as a result of behavior attributable to the Cardholder. .
  4. The Customer is not entitled to compensation or other compensation in connection with being unable to use the Card issued by MAES, regardless of whether the cause of this being unable to use is caused by damage to this Card, the temporary out of be at the service of the payment terminal, the refusal of a third party that belongs to the service stations network to deliver or otherwise provide products and / or services.