Terms and Conditions Shell

Background

a.          The Parties have entered into a Shell Fuel Card Agreement;

b.          The Parties now wish to add the provision of the Travis Services to the Shell Fuel Card Agreement. This appendix contains the terms and conditions for the provision of the Travis Services, and it forms an integral part of the Shell Fuel Card Agreement (the “Appendix”).

c.          In the event of any conflict or inconsistency between the terms of this Appendix and those of the Shell Fuel Card Agreement with respect to the provision of the Travis Services, the terms of this Appendix shall prevail.

 

BY COMPLETING REGISTRATION, THE PARTIES AGREE THE FOLLOWING:

Article 1 Registration

1.1          You accept the terms and conditions of this Appendix for the use of the Travis Services by completing Registration or using the Card.

1.2          The Registration process will require only essential data to be provided by you and Travis will not use the captured data for any other reason than online Travis Services including for reservation purposes for the individual booking. Travis will not perform  marketing analysis, data aggregation, profiling and direct communication to Customers without Shell´s written consent. Other aspects of processing of Personal Data by Travis and its Service Operators  shall be governed by the terms of Travis’s Privacy Notice as accessible on the Travis Web Portal.

1.3          This Appendix shall commence on completion of your Registration and shall be in force during your or your Cardholders use of the Travis Services subject to earlier rights of termination. This Appendix will terminate upon the termination or expiry of Shell’s agreements with Travis and/or the Shell Fuel Card Agreement.

 

Article 2 Travis Services

The Travis Services are:

a.          provided by Travis and/or its Travis Services Operators acting on behalf of Shell;

b.          subject to availability and pre-booking by you or an authorised Cardholder using the Travis Web Portal. For QR code payment, the driver receives a reference code or QR code via SMS, email, app or board computer. The QR code is always linked to a specific Card. The Cardholder must present the Card or QR reference code for payment at the truckwash/parking site at the booked date and time for confirmation of the booking and prior to the Travis Services being supplied

c.          Shell retains the right to veto the acceptance of Cards at Service Operators or Travis Services (including new Travis Services) in its sole but reasonable opinion including without limitation where the Service Operators and/or Travis Services are in contradiction with Shell’s brand values, the Shell General Business Principles and/or any other codes for compliance in order to conduct usual business.

 

Article 3 Payment for Travis Services

3.1          You will be invoiced for Travis Services used by you and your Cardholders in accordance with Shell’s standard invoicing and payment requirements for Card transactions as set out in the Shell Fuel Card Agreement.

3.2          To assist with invoicing, at the time of using the Travis Services you and your Cardholder permit that Travis or their Service Operation may:

a.          record the applicable vehicle registration number;

b.          record the Cardholder’s name and Card number as printed on the Card presented;

c.          prepare a document specifying the Travis Services and quantity;

d.          present the document referred to in (c) above to the Cardholder and obtain his/her signature as an acknowledgment of receipt.

e.          issue a Sales Receipt to the Cardholder. The Sales Receipt shall not (i) specify the price or any VAT amount, (ii) state the VAT number of either Travis or the Service Operator or the customer, or (iii) refer to or include any other VAT information.

 

Article 4 Fees

Shell may  charge  service fees to the Principal Cardholder for performance of Travis Services.

 

Article 5 Business Principles

5.1          The Principal Cardholder acknowledges that it has actual knowledge of:

a.          the Shell General Business Principles, available at https://www.shell.com/sgbp, and the Shell Supplier Principles, available at https://www.shell.com/suppliers;

b.          the Shell Code of Conduct, available at https://www.shell.com/codeofconduct; and

c.          the Shell Global Helpline, available at https://www.shell.com/globalhelpline.

5.2          The Principal Cardholder agrees that itself and any Associated Person(s) will adhere to and notify of violations of the principles contained in the Shell General Business Principles and Shell Supplier Principles (or where Principal Cardholder has adopted equivalent principles, to those equivalent principles) in all its dealings with or on behalf of Shell in connection with this Appendix and related matters.

 

Article 6 HSSE

At Location(s), the Principal Cardholder will, and will use its best endeavours to procure that any Associated Person(s) will, always in connection with this Appendix:

a.          pursue Shell Group’s HSSE principle of Goal Zero;

b.          comply with Shell Group’s “Life Saving Rules”, available at https://www.shell.com/lifesavingrules; and

c.          comply with other applicable HSSE Standards.

d.          any related advice, warnings, or instructions provided by Travis and/or Travis Services Operators at Locations;

 

Article 7 Force Majeure

Neither Shell nor any member of the Shell Group shall be liable for any failure of it and/or Travis and its Service Operators (“Providers”) to perform any obligations under this Appendix if fulfilment has been delayed, hindered, interfered with, curtailed or prevented: (i) by any circumstance whatsoever which is beyond the Providers reasonable control, or that of its agents or contractors; or (ii) by any requirement to comply with any law, regulation or ordinance, or with any order, demand or request of any international, national, port, transportation, local or other authority or agency or of any body or person purporting to be or to act for such authority or agency or any corporation directly or indirectly controlled by any of them.

 

Article 8 Liability of Shell

8.1          Save to the extent that such liability cannot by law be limited or excluded neither Shell nor any member of the Shell Group shall be liable for loss of profit or for any indirect or consequential loss or damage suffered by any Cardholder or by any third party in connection with the Travis Services or the use of the Travis Serivces or any Card or the use of the Travis Web Portal Online Travis Services, including but not limited to loss of use, loss of anticipated profit, loss of revenue, loss of production and business interruption.

8.2          Please note that Shell will not be liable for any damages as a result of the (temporary) unavailability and/or improper functioning of the Travis Web Portal and/or on-line connection with the Travis Web Portal Travis platform, regardless of what the liability is based upon.

8.3          Further, Shell shall not be liable to any Cardholder or any third party in respect of the fraud, negligence, act, default or omission or wilful misconduct of:

a.          independent contractors engaged by Shell, or their employees, contractors or agents; and

b.          any of Travis or their Service Operators Card Scheme Participant or their employees, contractors or agents (including any refusal to provide the Travis Services ).

 

Article 9 Notices

Any notices to be given under this Appendix, should be addressed to the Parties as per the notice provisions of the Shell Fuel Card Agreement.

 

Article 10 Termination

10.1          Either Party may terminate this Appendix by giving not less than 30 days’ prior written notice to the other Party.

10.2          On termination of the Appendix for any reason, without prejudice to the rights of Shell already accrued at the date of termination, the whole outstanding balance of the Principal Cardholder’s account for Travis Services shall become due and payable in full to Shell and the right of the Principal Cardholder and Cardholders to use the Travis Services shall cease immediately.

 

Article 11 Data Protection and Governing Law

11.1          Shell, Travis and its Service Operators may be required to process Personal Data during the operation of this Appendix. Travis and Shell shall be respectively independent data controllers for the purposes of processing Personal Data relating to you and Cardholders and this shall be done in compliance with the obligations imposed by Data Protection Law on persons acting in their respective capacity.

11.2          This Appendix shall be governed by and construed in accordance with the law and dispute resolutions provisions set out in the Shell Fuel Card Agreement.

 

Article 12 Words and phrases with special meanings

In addition to the definitions set out in the Shell Fuel Card Agreement, the following words, terms or expressions shall have the following meanings in this Appendix:

“Applicable Laws” means in relation to a person, property or circumstance, statutes (including regulations enacted thereunder); judgments and orders of courts of competent jurisdiction; rules, regulations and orders issued by government agencies, authorities and other regulatory bodies; and regulatory approvals, permits, licenses, approvals and authorizations; that are applicable to such person, property or circumstance.

“Cardholder” means the holder of a Card who has been authorised to use it by you.

“Data Protection Law” means local data protection legislation or any statutory equivalent in force in any part of the world which is relevant to privacy and/or Personal Data, including Regulation (EU) 2016/679 (GDPR).

“HSSE” means health, safety, security, and environment.

“HSSE Standards” means (a) all HSSE policies, manuals, standards, rules, and procedures, as communicated to the Principal Cardholder, designed to manage HSSE risks during performance of the Appendix; (b) all applicable laws relating to HSSE; and (c) any other rules and procedures (whether issued by Shell Group or otherwise) in force at the time of performance of the Appendix.

“Location(s)” means the locations where the Travis Services are provided.

“Party” means any of the Principal Cardholder and Shell individually and “Parties” means those parties collectively.

“Personal Data” means any information relating to an identified or identifiable individual, including through identification by means of online identifiers, device IDs, IP addresses or similar methods unless otherwise defined under Applicable Laws related to the protection of individuals, the processing of such information, and security requirements for and the free movement of such information.

“Registration” means the registration by you on the Travis Web Portal for use of  certain Travis Services with a Card

“Service Operators” means a supplier engaged by Travis to provide Travis Services.

“Sales Receipt” means the paper or electronic/digital receipt presented by the Service Operator to the Cardholder stating the substantial characteristics of the Shell Card transaction.

“Shell Fuel Card Agreement” means the agreement entered into between you and Shell for the delivery of fuel and/other products/services by Shell to the Principal Cardholder via the Card.

“Travis” means Travis Road Travis Services International B.V. and its affiliated companies including  Travis International Trading Travis Services B.V., such as Travis Road Travis Services Netherlands B.V., Travis Road Travis Services Belgium BV, Travis Road Travis Services Germany GmbH, Travis Road Travis Services France SARL.

“Travis Services” means the following services (subject to availability) truck wash, tank cleaning and truck parking and repair services provided by Travis or its Service Operators at designated truckwash/parking site/workshop initiated either by:

  1. presentation by a Cardholder of a Card; or
  2. via use of the Travis Web Portal (subject to completion of Registration) for booking, scheduling, information and analysis/reporting features as offered on package based, subscription fee model.

“Travis Web Portal” means the Travis web portal located at https://www.yourtravis.com .

“Shell” (whether capitalized or not) means the party identified as the seller/Shell entity in the Shell Fuel Card Agreement.

“You” (whether capitalized or not) means the party identified as the Principal Cardholder in the Shell Fuel Card Agreement , and ‘your’ and ‘yours’ shall be read accordingly.