1. General
1.1. These Plugsurfing Terms of Use (“Terms of Use”) together with the Plugsurfing Privacy Notice govern your use of the service operated by Plugsurfing GmbH (“Service”). Service may include, but is not limited to, mobile applications and/or websites operated by Plugsurfing GmbH under its own brand and/or under its partners’ brand through which you can find and get access to charging stations that are available through the Service, order charging cards that allow you to start the charging process at available charging stations operated by charging point operators and pay applicable fees for charging sessions you have initiated.
1.2. The reference to “Plugsurfing” in these Terms of Use shall be interpreted to mean a reference to Plugsurfing GmbH or any of its affiliates or subsidiaries and all of its business partners that are authorized to operate parts of the Service on behalf of Plugsurfing GmbH (including but not limited to billing service providers and customer service providers).
2. Acceptance
2.1. By registering for the Service and accepting these Terms of Use you enter into an agreement with Plugsurfing GmbH which allows you to use the Service. All transactions that are part of the Service, including but not limited to ordering of charging cards and initiating charging sessions, are governed by such agreement. Registration without explicit acceptance of the Terms of Use is not possible.
3. Prices
3.1. All applicable prices include VAT and are shown in the mobile application before any transaction.
3.2. For charging sessions, pricing components may include, to the extent permitted by the applicable law:
3.2.1. Price per kWh of energy consumed
3.2.2. Price per minute
3.2.3. Session start fees
3.2.4. Parking, blocking, or congestion fees
3.2.5. Any other applicable components
3.3. You are responsible for checking the applicable prices and any components in the mobile application before initiating a charging session or any other transaction.
3.4. For other services (charging cards, subscriptions, etc.), relevant fees will be displayed before purchase in the mobile application. Other services may be subject to additional terms that complement these Terms of Use.
3.5. You acknowledge that the final and payable price of the charging service is directly dependent on your usage of the Service, for example on the amount of energy consumed, and cannot therefore always be provided before the start of the charging process.
4. Payment Methods
4.1. You must add a valid payment method to your account before charging.
4.2. When you start charging, Plugsurfing may place a temporary authorization hold on your chosen payment method. After your session ends, Plugsurfing will charge the actual amount based on your usage and release any excess hold.
4.3. Plugsurfing may decline a transaction where it detects or suspects signs of fraud, unusual or suspicious activity, a breach of these Terms, or where processing the transaction would violate applicable laws, regulatory requirements, or instructions from competent authorities.
5. Ordering of Charging Card
5.1. Plugsurfing may offer the ordering of charging cards through the Service. The price for the charging card, the payment formalities and estimated delivery times will be shown to you during the ordering process.
5.2. Lost or damaged cards cannot be reactivated and must be replaced. Standard delivery and processing fees will apply to replacement cards.
6. Your obligations
6.1. Account Security: When you register, you provide your email address for your Plugsurfing account. You are responsible for:
6.1.1. Keeping your account secure and preventing unauthorized access
6.1.2. Protecting your account from misuse by others
6.1.3. Not sharing your account access with unauthorized persons
6.2. Plugsurfing is not liable for unauthorized use of your account if you fail to protect your account details.
6.3. Payment Method: It is your responsibility to ensure that your registered payment method is valid, has sufficient balance and is not blocked. In the event that payment fails, Plugsurfing reserves the right to temporarily suspend your access to the Service until the overdue balance is fully paid. Plugsurfing has the right to seek payment from you by other means, such as by sending a separate invoice for your use of the Service.
6.4. Proper Station Usage: You shall use charging stations correctly and in accordance with provided instructions and ensure that the charging station is suitable for the vehicle to be charged. You shall not use charging stations that show an error message or visible defects or damages.
6.5. Station Rules and Regulations: You are responsible for following all rules and instructions at the charging station, including:
6.5.1. Written instructions displayed at the charging station
6.5.2. Parking restrictions and time limits
6.5.3. Safety guidelines and equipment handling instructions
6.5.4. Staff directions from charging station operators
6.5.5. Local traffic and parking regulations
6.6. Vehicle and Equipment Compatibility: The electric vehicle that is charged at a charging station and the tools to be provided by you (including, for example, any power converters, adapters or cables), shall be fit for their purpose, compatible for the connection with the charging station and satisfy the applicable legal provisions. Plugsurfing is not liable towards you in case any defect or damage is caused by a defect in the electric vehicle and/or the used tools, except when such liability arises directly from negligence, gross negligence or willful misconduct of Plugsurfing or its legal representatives and service providers.
7. Problem Reporting
7.1. Suspected Fraud or Unauthorized Use: You are obligated to immediately notify Plugsurfing if you believe that your account or charging card has been used by an unauthorized person or in an unauthorized manner. Contact us immediately through the mobile application or our support channels if you suspect any fraudulent activity.
7.2. Lost Cards or Compromised Access: In the event of the loss of your charging card or the device on which the mobile application operated by Plugsurfing has been installed, you shall immediately notify Plugsurfing. You remain responsible for all unauthorized usage.
7.3. Card Blocking and Replacement: Plugsurfing will block the charging card following receipt of notification of its loss or theft and such blocked charging card cannot be reactivated. You will however be able to place an order for a new charging card with Plugsurfing, according to the then applicable terms and conditions.
8. Fraud Prevention and Account Security
8.1. Plugsurfing has the right to suspend or close your account immediately if Plugsurfing reasonably suspects:
8.1.1. Fraudulent activity
8.1.2. Unauthorized account use
8.1.3. Violation of these Terms of Use
8.1.4. Unusual usage patterns that may indicate misuse
8.2. Plugsurfing may require additional verification before restoring account access.
8.3. You agree to cooperate with any fraud investigation and provide requested information to verify your identity or account activity.
8.4. Suspended accounts remain responsible for any charges incurred before suspension.
9. Charging Stations
9.1. You can start a charging session at the charging stations that are available through the Service by using a mobile application, a charging card, or Plug&Charge (where available and compatible with your vehicle).
9.2. Charging stations that are available through the Service are operated by charging station operators who are responsible for (i) ensuring the operation and maintenance of their charging stations; and (ii) providing accurate information in respect of their charging stations. Plugsurfing cannot guarantee the functionality or availability of the charging stations or the accuracy of such information. Plugsurfing will, however, use reasonable care when displaying the relevant information about the charging stations in the Service.
9.3. Payment and charging cards work only within the Plugsurfing network.
10. Liability
10.1. Plugsurfing is liable for deliberate or negligent violations of life, body or health, as well as for other damages, insofar as they result from a violation of material contractual obligations, or from deliberate or grossly negligent actions by Plugsurfing, its legal representatives and service providers. In the case of a slightly negligent violation of a material contractual obligation, Plugsurfing is liable for the foreseeable damage, which will typically arise under this type of contract. Material contractual obligations are obligations, whose fulfilment will enable the due performance under the contract or on whose fulfilment you relied and could reasonably rely. Plugsurfing shall not be liable for any other damages. The mandatory liability under the applicable legislation regarding product liability remains untouched.
11. Force Majeure
11.1. Plugsurfing is not liable to you for any delay or non-performance of its obligations if such delay or non-performance is due to official action, change in law, war, sabotage, failure or delay in delivery, irregularities in the supply of electricity, telephone connections or other traffic and communications connections and transportation, strike, boycott, pandemic, epidemic or other similar circumstances beyond the control of Plugsurfing. The aforementioned also applies if Plugsurfing is the subject of a strike, boycott and/or blockade.
12. Termination
12.1. You may terminate your account at any moment if you no longer wish to use the Service. Your account will remain pending deletion if there are any unsettled charging transactions that need to be processed with charging station operators. Once all transactions are resolved, your account will be permanently closed.
12.2. Plugsurfing may terminate your account or restrict access to certain parts of the Service if you have breached these Terms of Use.
12.3. The termination does not affect existing claims with respect to the charging sessions that have previously taken place.
12.4. For further information regarding the termination, please check our Cancellation Policy.
13. Amendments
13.1. If Plugsurfing intends to amend these Terms of Use unilaterally, Plugsurfing shall offer the amendments to you in text form no later than six (6) weeks before the proposed effective date of such amendments. You can consent to the proposed amendments or reject them by expressing disapproval before the proposed effective date. If you do not express disapproval of the offered amendments before the proposed effective date, your consent to the amendments shall be deemed given and the amendments shall enter into force upon the proposed effective date, provided that:
13.1.1. Plugsurfing has made the proposal to you in text form and no later than six (6) weeks before the proposed effective date of the amendment;
13.1.2. the proposed amendments neither affect the main contractual obligations, including type and scope of the contractually agreed obligations, such as goods to be delivered and services to be provided nor the term of the agreement (including the provisions on termination). For such changes, mutual consent is required; and
13.1.3. the proposed amendments are necessary to: i. adapt the Terms of Use for developments which were not foreseeable at the time of the conclusion of the contract, Plugsurfing did not cause and cannot influence, and would disturb the balance of the contractual relationship to an extent that is not insignificant (e.g., in connection with the technical characteristics of the public electricity infrastructure, internet infrastructure or communication infrastructure needed to operate the charging process); or ii. overcome a gap in the contractual relationship occurring after the conclusion of the contract (e.g., if one or more provisions of these Terms of Use are declared ineffective, invalid or impermissible by a court) that causes not inconsiderable difficulties to the practical supply of the services to you, or renders the provision of services non-compliant with any statutory requirements.
13.2. Plugsurfing shall, together with the offer of the amendment under paragraph 13.1.2, explicitly draw your attention to your right to reject the proposed amendment and to the implications of your failure to reject the proposed amendment before the proposed date of effectiveness. If Plugsurfing fails to do so, the offered amendment will not enter into force, unless you explicitly consent.
13.3. Where allowed under mandatory law, you are entitled to terminate the account under Terms of Use by giving notice of 30 days in the event that you do not wish to accept an amendment that would apply to you. This does not apply if the amendment makes only minor modifications to the Terms of Use. If you provide the notice of your disapproval or you do not declare necessary consent during the aforementioned six (6) week period, then Plugsurfing may terminate your account under Terms of Use with a 30 days’ notice. The termination by either party does not affect existing claims with respect to the charging sessions or delivery of other services that have previously taken place.
14. Data Protection
14.1. Plugsurfing or commissioned service providers collect, process and use data pertaining to you for the implementation of the contractual relationship under the provisions of the General Data Protection Regulation (2016/679) and other applicable national data protection legislation.
14.2. Unique identification number that is used to identify you, personal details and transactional details may be transferred to the operator of the charging station for the purpose of activating the charging stations, solving potential issues regarding the charging service and invoicing. Personal details, contact details and transactional details may also be transferred to the partners of Plugsurfing for the purpose of invoicing and customer service.
14.3. More information on Plugsurfing’s processing of personal data can be found in Plugsurfing’s Privacy Notice.
14.4. Plugsurfing may use non-personal data collected in the provision of the Service in order to (i) improve the Service and its other products and services, and (ii) share statistical information with its cooperation partners.
15. Assignment
15.1. Plugsurfing shall be entitled without your consent to assign, transfer, mortgage or charge all or any of its rights, interests or obligations under the Terms of Use.
16. Governing Law and Jurisdiction
16.1. These Terms of Use are governed by German law.
16.2. If you are a businessperson and if the potential dispute with Plugsurfing is attributable to the conducting of your trade or any business activity, the courts of Berlin, Germany, are competent for any legal disputes arising from these Terms of Use. If you are a consumer, this limitation does not apply to you.
16.3. Plugsurfing is not willing and not obliged to participate in dispute resolution proceedings before consumer arbitration bodies within the meaning of the German Consumer Dispute Resolution Act.