Asogas considers going to court over Funmiles

February 09, 2012 6:33 AM

According to Harmen Donker, managing director of Funmiles, the gasoline station proprietors affiliated with Asogas ignore the prohibition of the Bureau Telecommunication and Post (BTP) to hand out Funmiles.

The gasoline station proprietors are of the opinion that the saving and loyalty program is not against the order to which BTP refers. Funmiles pass holders can still use their pass to refuel and save at Asogas. The latter intends to be put in the right. “Justice will prevail”, said Donker.Asogas states the government never attached conditions to the order of 2010. In that year, the then Board of Governors increased the retail trade margin of both gasoline and diesel to 0.15 guilders. According to BTP, agreements were also made at the time to link the margin increase to nine points, which included putting a stop to discount actions. Asogas is of the opinion that the conditions have no legal basis. For instance, these were never published. The conditions were presented in an advice during a consultation between the branch of trade and the then deputies of Energy and Economic Affairs, Humphrey Davelaar respectively David Dick.

Asogas stands firm that handing out Funmiles is not a discount action. Moreover, the rates set by the government are maximum prices. With that, the gasoline station proprietors are supposedly free to sell below the set prices. For that reason the prohibition on discount actions is invalid, according to Asogas. The gasoline station proprietors also state there is no legal basis to enforce observance of the conditions concerned. BTP namely doesn’t have any instruments to impose sanctions on the branch of trade.

Despite this, in a letter to Asogas BTP wrote that the Funmiles actions should be stopped immediately. The program supposedly paves the way to unfair competition. Premier Gerrit Schotte, who is entrusted with energy affairs, was the first person who informed the gasoline station proprietors of this decision. He summoned all gas stations to stop the Funmiles actions. BTP had subsequently put pen to paper. Although government nv Curoil had also handed out Funmiles, the company immediately acted upon the order. Because Curoil acted upon the orders from BTP, it is impermissible that the Asogas-members continue the action, according to supervisor of the energy sector.

The saving program from Funmiles is popular. More and more motorists were refueling at Asogas-members the past month. According to Donker, January is usually the month when members cash in their saved points. “Many people had cashed in their Funmiles to fill up the tank. This increase was clearly noticeable as from January 14th.”

BTP particularly maneuvers against this cashing in, because according to BTP, this means an actual financial discount on the original price for fuel to be paid by customers.

In a press report, Asogas states that the gasoline station proprietors consider going to court, where the judge is to rule whether Funmiles contravenes the order from 2010. The gasoline station proprietors also appeal to Schotte to revise the policy. “This order is especially unfair to those with a low income”, said Asogas.

8 February 2012