§ 1 General
(1) Plugsurfing GmbH (hereinafter “Plugsurfing”) is a pioneer in the field of electromobility that provides the drivers of electric vehicles with access to the Partner Charging Station Operators’ charging infrastructure by means of smartphone apps or Charging Keys.
(i) information via the Plugsurfing App or website regarding for instance the location of the charging stations of the Partner Charging Station Operators, and their availability (subject to what is said in § 6 (2); and
(ii) charging of electric vehicles at the Partner Charging Station Operators’ charging stations after an authorization through the Plugsurfing App or Charging Key.
(3) If the Customer is a consumer, all mandatory statutory consumer protection laws and
regulations applicable in the country of the Customer’s residence apply, if and inasmuch as those
laws and regulations provide the Customer with a more extensive protection than the protection
defined in such mandatory statutory consumer protection laws.
Identification number: Unique number used to identify customers.
Partner Charging Station Operator: Partner Charging Station Operators form the Plugsurfing network, as changed by Plugsurfing from time to time, wherein charging processes can be started using the Plugsurfing App and/or the Charging Key.
Charging Key: RFID tag with which charging processes can be started on selected chargers after it has been activated and connected to the Customer’s account.
Plugsurfing App: App for iOS and Android with which users can locate charging stations and start
and stop charging processes on selected chargers. Users can also provide feedback on charging
stations as well as manage their account.
§3 Conclusion of the Contract
The contract between Plugsurfing and the Customer is concluded by means of a registration in the
Plugsurfing App or on the Plugsurfing website, and the acceptance of such registration by
(1) All applicable prices of the charging service are valid inclusive of VAT and are indicated on the Plugsurfing App and website before the start of the charging process.
(2) If the price indicated on the Plugsurfing App and/or website does not correspond to the price shown at the charging station itself, then only the price indicated on the Plugsurfing App and/or website applies.
(3) The Customer acknowledges that the applicable prices for a charging process are not
automatically provided at the time when the Customer initiates a charging process with the
Charging Key. Plugsurfing nonetheless wishes to offer the use of the Charging Key since it is a
convenient way for a Customer to initiate a charging process. It remains the Customer’s
responsibility to check the applicable prices through the Plugsurfing App or website prior to
initiating a charging process with the Charging Key.
§5 The Customer’s Obligations
(1) It is the Customer’s responsibility to ensure that (i) charging begins and is completed correctly; and (ii) the charging station is suitable for the vehicle to be charged. Further, the Customer shall not use charging stations that show an error message or visible defects or damages.
(2) It is the Customer’s responsibility to ensure that the registered payment card is valid, that it has a sufficient balance and is not blocked. In the event that debiting is not possible, Plugsurfing has the right to seek payment from the Customer by other means, such as by sending a separate invoice for the Customer’s use of the Service. As it is the Customer’s responsibility to ensure that their payment information on their Plugsurfing account is up-to-date and valid at the time of attempting to purchase a charging process through the Service, failure to do so can result in Plugsurfing closing the Customer’s account.
(3) The Customer shall upon registering provide their email address and a chosen password for logging into their Plugsurfing account. The Customer is responsible for keeping the password secure, for not writing the password down so that third parties can understand what it is used for, and for not using the password in any other way that allows others to gain access to the information.
(4) The Customer is responsible for complying with the specific parking restrictions and regulations
at the charging station (such as, for example, the written instructions shown at the charging station
or the instructions given by the personnel of the Partner Charging Station Operators).
§6 Operation & Use
(1) The Customer can start a charging process at the stations run by the Partner Charging Station Operators using the Plugsurfing App or Charging Key. The charging station will then be activated, provided it is functional.
(2) As Plugsurfing uses various Partner 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 act with due care in compiling and showing the relevant information to the users of the Service through the Plugsurfing App and website.
(3) The payment function of the Plugsurfing App as well as the Charging Key operates only within the Plugsurfing network. Charging stations outside of the network require a separate contract between the user and the corresponding operator or service provider of the charging station.
(4) Further, (i) the electric vehicle that is charged at a charging station; and (ii) the tools to be
provided by the Customer (including, by way of example, any power converters, adapters or
cables), shall be fit for their purpose, compatible for the connection with the charging station and
satisfy all applicable legal provisions at the relevant times. Plugsurfing is not liable in the case
whereby the defect or damage is caused by a defect in the electric vehicle and/or the used tools.
§7 Due Date & Payment
(1) The billing of the charging processes activated within a calendar month takes place at the beginning of the following month. The invoiced amount is immediately due for payment.
(2) Payment shall take place by direct debit or charge to a credit card.
(3) Plugsurfing sends invoices to customers only electronically, provided no other provision is agreed in writing.
(4) The Customer can obtain information regarding past billing and standing balance from the current month that has not yet been invoiced by logging into their accounts.
(5) If the Customer wishes to submit a complaint, the Customer shall notify Plugsurfing within 60
days of the date on which the purchase transaction in question became available on their account.
The complaint shall clearly indicate the type of error. If this is not done correctly, the Customer will
lose their right for the error investigation and correction, apart from exceptions due to mandatory
legislation. Complaints regarding incorrect charging costs are processed and determined by
Plugsurfing. If a complaint is accepted, Plugsurfing shall compensate the Customer for the amount
without delay. If a complaint is rejected, Plugsurfing shall inform the Customer of the result of the
investigation of the complaint and justify the position of Plugsurfing.
§8 Customer’s Liability for Unauthorized Use of the Service
(1) The Customer is responsible for any unauthorized use of the Service through their Plugsurfing account, either through the Plugsurfing App or Charging Key. The Customer is obligated to immediately notify Plugsurfing if they believe that their account has been used by an unauthorized person or in an unauthorized manner.
(2) In the event of the loss of the Charging Key or of the mobile phone of the Customer having the Plugsurfing App on it, the Customer shall immediately notify Plugsurfing by email (email@example.com). If the Customer does not give notification of the loss or theft of the Charging Key or of the mobile phone, they shall be responsible for any reported purchase transactions in full.
(3) Plugsurfing will block the Charging Key following receipt of notification of its loss or theft and
such blocked Charging Key cannot be reactivated. The Customer will however be able to place an
order for a new Charging Key with Plugsurfing, according to the then applicable terms and
conditions (including as to the price for such Charging Key).
(1) Plugsurfing shall be liable for its failure to exercise reasonable efforts in the provision of the Service and/or in connection with the sale of the Charging Key in accordance with § 14. Further, Plugsurfing agrees to refund any monies that have already been paid by the Customer, or blocked on the Customer’s payment method, but, are in fact due to be returned to the Customer.
(2) However, Plugsurfing shall not be responsible for, and thus, shall have no liability hereunder in respect of:
(i) the continuous availability and operability of (a) the Plugsurfing App and website; and (b) the charging stations of the Partner Charging Station Operators;
(ii) the suspension of the Service for reasons which ultimately prove to be incorrect, but, Plugsurfing had, at the time of suspension, reason to believe that there were grounds for suspension; and/or
(iii) the consequences of a Charging Key or the Customer’s mobile phone being lost or stolen and misused by another person.
(3) Plugsurfing is not responsible towards the Customer for any indirect damages or losses, such as loss of income or damage to the relationship between the Customer and third parties, except if the damage or loss is caused by negligence (only, however, if the Customer is a consumer), gross negligence or willfulness on the part of Plugsurfing, and never in excess of what the Customer is entitled to under mandatory legislation.
(4) This § 9 describes the entire liability of Plugsurfing. The only exception to this are mandatory
legal provisions that apply to Plugsurfing’s liability for defects (to the extent these cannot be
excluded by mutual agreement).
§10 Force Majeure
Plugsurfing is not liable hereunder to the Customer for any delay or non-performance of its
obligations in the event 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, or
other similar circumstances beyond the reasonable control of Plugsurfing (for the avoidance of
doubt, matters that are only within the reasonable control of Plugsurfing’s subcontractors shall not
be deemed to be within Plugsurfing’s reasonable control). The aforementioned also applies if
Plugsurfing is the subject of a strike, boycott and/or blockade.
§11 Contractual Term & Termination
(1) The contractual term is until further notice, and can be terminated with a period of notice to the end of the month. Termination by the Customer can be carried out in writing either at the postal or email address set forth in § 13, and does not require the statement of reasons.
(2) An extraordinary right of termination exists if there is an important reason. In particular, Plugsurfing has the right to give notice to terminate this contract or to refuse provision of a charging process if the Customer, after having received a reminder, has not within a reasonable period remedied the situation in inter alia the following cases:
(i) the Customer does not meet their payment obligations or there is a delay in payment of more than 14 days;
(ii) the opening of the insolvency proceedings over the Customer’s assets or refusal to open proceedings due to lack of assets or the filing of an insolvency application by the other contractual party;
(iii) the Customer uses the Service contrary to this contract or to the obligations they have towards Plugsurfing; or
(iv) Plugsurfing has cause to suspect that the Service is being misused.
(3) The termination of this contract does not affect the existing legal consequences with respect to
the charging processes that have taken place.
§12 Contractual Amendments
Plugsurfing will inform the Customer in writing of contractual amendments at least 45 days before
their planned coming into effect. Both parties are aware that the electric vehicle charging sector is
rapidly developing. Amendments may be made, without limitation, in order to adapt the operation
legislation, policies, or to appropriate technical, information security, administrative, business,
operations, or other relevant procedures. If the Customer does not agree to the changes in the
terms and conditions, the Customer has the right to terminate the contract.
§13 Cancellation Instruction
(1) The Customer can cancel the contractual agreement in text form (e.g. letter, fax, email) within 14 days without indicating reasons. The period begins after the receipt of this instruction in text form but not before the conclusion of the contract. The timely dispatch of the cancellation is sufficient in order to observe the cancellation period. The cancellation should be sent to:
Tempelhofer Ufer 17
Telephone: +49 30 959 981 410
(2) If the Customer has requested provision of the Service before the end of the cancellation period,
the Customer shall pay Plugsurfing reasonable compensation for the Services provided to fulfil the
contract before the cancellation notification is made.
§14 Sale and Purchase of Charging Key
(1) Plugsurfing may offer the ordering of Charging Keys through the Plugsurfing App and/or website. The price for the Charging Key, the payment formalities and estimates as to the delivery will be shown to the Customer during the order process.
(2) The order by the Customer is an offer to Plugsurfing to purchase the Charging Keys. Any confirmation of the order by Plugsurfing is merely an acknowledgement and does not constitute an acceptance. Acceptance of the Customer’s order, and the formation of the contract for the sale and purchase of the ordered Charging Keys, shall be deemed to take place when Plugsurfing ships the ordered Charging Keys and informs the Customer accordingly.
(3) The Customer can cancel the contract of sale and purchase regarding the ordered Charging Keys in text form (e.g. letter, fax, email) within 14 days of its receipt of the Charging Keys without indicating any reason. The timely dispatch of the cancellation is sufficient in order to observe the cancellation period. The cancellation notice should be sent via email or post to:
Tempelhofer Ufer 17
Plugsurfing will, upon receipt of a valid cancellation notice provide instructions for returning the Charging Key. The cost of the return shipment shall be on the Customer’s responsibility. Alternatively, the Customer and Plugsurfing may also agree that the Charging Key should be safely disposed by the Customer. Plugsurfing will return any fees paid for the Charging Key within fourteen (14) days from the date the Charging Key was either returned, or if agreed between the Parties, safely disposed.
Charging Key in addition to what is said in this § 14 (to the exclusion of all other parts of these
§15 Data Protection
(1) Plugsurfing or commissioned service providers collect, process and use data pertaining to the Customer for the implementation of the contractual relationship pursuant to the provisions of the General Data Protection Regulation (2016/679) and other applicable national data protection legislation.
(2) Identification Numbers are sent to the Partner Charging Station Operator in order to activate the charging stations.
(3) More information on Plugsurfing’s processing of personal data can be found in Plugsurfing’s
(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.
§16 Governing Law & Jurisdiction
(1) The contractual relationship is governed by the law of the Federal Republic of Germany and the exclusive place of jurisdiction for all disputes are the courts of Berlin.
(2) If the Customer is a consumer, the Customer has the right to take any disputes arising between the Customer and Plugsurfing to be settled by a consumer disputes board or to use any other rights granted by national mandatory law to submit the dispute to be settled by another similar body or local court.
(3) In accordance with Directive 2013/11/EU, the European Commission is making available an
online platform for the settlement of disputes between companies and consumers. It can be
accessed using the following link: http://ec.europa.eu/consumers/odr/.
§17 Severability Clause
If some contractual provisions are invalid then the contract shall otherwise remain in force. The contractual parties are obliged to agree in writing the replacement of the invalid provision with the provision that they would have agreed, in good faith and in accordance with legal provisions, had they been aware of the provision’s invalidity.
Further information regarding Plugsurfing:
Tempelhofer Ufer 17
Telephone: +49 30 959 981 410
Court of registration: Charlottenburg District Court
Registry number: HRB 143142B
Managing Directors: Adam Woolway, Jacob van Zonneveld