Terms and Conditions of Fortum Charge & Drive

Valid from 2023-04-01

1. Welcome to Charge & Drive 

These are the terms and conditions ("Terms") of the contract governing the use of your Charge & Drive account and the Charge & Drive service which allows you to connect to charging stations to charge electric vehicles (“EV”) and related services ("Services"). By referring to "you" in these Terms, we mean both natural and legal persons. 

Please read these Terms carefully and contact us if you have any questions. By accessing or using our Services, you agree to be bound by these Terms. However, if anything in these Terms would limit your rights under mandatory laws, these Terms will not apply to that extent.  

Your contracting party 

Depending on which country app version you register with, these Terms form a contract between you and our local entity (listed below). Whenever these Terms refer to "we" or "Charge & Drive", reference is made to your contracting party below.

Fortum Charge & Drive Finland: 

The Services are offered by Fortum Markets Oy, business ID1852328‐0, established in Finland. Our address is Keilalahdentie 2-4, 02150 Espoo, Finland with postal address PL 100, 00048 Fortum, Finland.  

Fortum Charge & Drive Sweden:  

The Services are offered by Fortum Markets AB, business ID 556549-0678, established in Sweden. Our address is Rättarvägen 3,16968 Solna, Sweden. 

Fortum Charge & Drive Norway: 

The Services are offered by Fortum Strøm AS, business ID982584027, established in Norway. Our address is Askekroken 11, 0277 Oslo, Norway, with postal address Postboks 184 Skøyen, NO-0212 Oslo. 

Assignment of the contract 

You are not allowed to transfer this contract or any of your rights or obligations to any third party without our prior written consent. If we change your contracting party, we will inform you of such a change, as explained in section 11 below. 

Customer service 

Should you have any inquiries related to our Services, you can reach us by contacting our customer service using the contact information on our website chargedrive.com. 

2. Our Services 

Our Services in brief 

Our Services enable you to charge your EV by connecting to charging stations operated by us or by our partners connected to the Charge & Drive charging network ("Charging Network"). By using the Charge & Drive mobile application (the “App”), you can register as an account holder to the Services, find available chargers, authenticate yourself to start a charging session, control the charging of your EV and pay for the charging. 

Charging Network 

Our Charging Network consists of charging stations operated by us or by our partners connected to the Charging Network, some of which are also fitted with Fortum Charge & Drive markings. We update our Charging Network regularly and you can view the available chargers in the App. We may also provide additional information on the chargers such as the type and connector of the charger. 

While we regularly check that the information on our Charging Network is correct, we rely on the information provided by our partners and on mobile data networks. Therefore, there may be occasions when all information is not up-to-date, information is missing, or you for instance would not see all features that are available. 

3. How to get started  

To create your Charge & Drive account, first you need to register to our Services. You can create your account by following the instructions in the App or on our website chargedrive.com. We may also use third-party authentication services for registration to our Services. You must be at least 18 years old to register an account to use our Services. 

To register to our Services, you need to provide personal information, such as your email address. Depending on the Services you use, you may also need to provide other personal information or additional payment information. Upon registration, we may also perform a credit check depending on your chosen payment method.  

We use the personal information you provide in accordance with our privacy policy, which you can find on our website. 

4. How to use our Services 

Our Services can be used with charging stations connected to our Charging Network. You can view the available chargers in the App. 

Charging your EV 

To charge your EV, you need to authenticate yourself. We currently support the following authentication methods: 

The available authentication methods can vary depending on the country where the Services are used, the charging station operator and the charging hardware. 

We may introduce new authentication methods or remove any existing methods from the Services. If we remove any existing authentication method, we will inform you of such a change before it becomes effective, as explained in section 11 below. 

To charge, you need to connect your EV to the charger according to the instructions provided at the charging station or in the App, as well as the operating instructions of your EV.  

During the charging session, you can follow the progress of the charging from the charging station or in the App. You can complete the charging session any time in accordance with the instructions provided at the charging station or in the App. Depending on the charger, the charging may also automatically end once your EV’s battery is fully charged. 

Pricing and payment  

We offer different charging services with varying features and pricing through our Services. The price for charging can vary, e.g., depending on the time of day and the basis for pricing (time, kWh, start-up fee, or combination thereof). We may also provide customer-specific prices, e.g., based on additional Services such as charging subscriptions, or membership or loyalty program benefits. Please note that the specific terms concerning pricing and payment referred to in these Terms may apply to only part of our Services. 

Currently there are no mandatory monthly or other recurring fees for the use of our Services. However, we may introduce monthly membership fees to the Services in the future. If we choose to introduce mandatory monthly membership fees, we will inform you of such a change, as explained in section 11 below. 

Depending on the pricing method used at the charging station, the charging fee payable for the charging session is based on: 

Prices may vary depending on the charging operator and the charging station. You can see the price currently applicable to you in the App before initiating charging. The final charging fee will be calculated when you have completed the charging session. 

Charging an EV is dependent on several factors, such as the technical specifications of your EV, the battery charge level, capacity, ambient weather and temperature, the charging station, and all these will affect the charging session and the final charging fee. 

By accepting these Terms, you accept that we will debit you the charging fee for each charging session, including applicable taxes and service charges. You also accept that we have the right to charge interest on any late payments and, where relevant, a collection fee. 

The final charging fee is debited to you based on your chosen payment method. The available payment methods can vary depending on the country where the Services are used. You can find the payment methods available in your region in the App. 

We may introduce new payment methods or remove any existing methods from the Services. We may also introduce ad-hoc charging options, such as a QR code, for initiating charging sessions without registering an account. We may introduce or remove such ad-hoc charging options from the Services at any time without prior notification. 

If you have prepaid balance on your account, the final charging fee will be debited from the available balance, unless you select another payment method in the App. However, the possibility to pay with prepaid balance may not be available at all charging stations. 

By using our Services, you accept that when you start a charging session, we will make a reservation of a preset amount until the charging session is completed. The amount of reservation per charging session, depending on your currency, is currently EUR 50, SEK 500 or NOK 500. We may change the amount of the reservation payment at any time without prior notification. 

The reservation will be removed after the charging session has been completed and the charging fee has been paid successfully. Regardless of the reservation amount, you will not be finally debited more than the charging fee of the charging session. 

You can view information on your charging sessions on your Charge & Drive account in the App, where you can also find period-specific reports on your activity. We will retain the information on your charging sessions on your account for at least 12 months. 

5. Your responsibilities  

Your responsibility as the account holder 

As the account holder you are responsible for all charging sessions and other transactions performed under your account. As an example, if you have ordered several charging keys to be used by your family members or co-workers or have given any third-parties access to your account through the App, you are responsible to us for all charging fees and other payments resulting from their use of the Services.  

Information on your account 

It is your responsibility to ensure that the information registered to your user account is accurate. If any of your information changes, you need to update your information to ensure that we can reach you and you can continue using our Services. 

Payments 

It is your responsibility to ensure that your payment information in the App is correct at all times. This includes ensuring that your chosen payment method is valid, it has a sufficient balance and that it is not blocked.  

If you fail to pay a charging fee or if your payment method or related information is not valid, we may suspend your use of our Services or part of them without further notice. 

In case we are not be able to debit a charging fee from you, we may seek payment from you by other means, such as by separate invoice. 

If you have chosen to pay with invoice, we may debit a separate invoice fee for sending physical invoices. These fees are not applicable for digital payment methods or invoices. In the eventuality we choose to debit an invoicing fee for physical invoices, the fee will be as listed on the pricelist on our website chargedrive.com. 

Personal password 

You need your email address and your password to login to our Services. It is your responsibility to ensure that you choose a password unique to our Services, keep it secure, do not write it down so that third parties can understand what it is used for, and do not use your password in any other way that could allow others to gain access it. 

If you believe that unauthorized persons have gained access to or knowledge of your password, you must immediately change your password using the App and notify our customer service.  

Unauthorized use of the Services 

It is your responsibility to keep your account safe and protect it from any unauthorized use. You are responsible for any unauthorized use of the Services using your account. If you believe that unauthorized persons have gained access to the Services, you must immediately change your password using the App and notify our customer service.  

If your charging key is lost or stolen, you must deactivate the charging key immediately using the App. In case your mobile phone on which you have installed the App is lost or stolen, you must notify our customer service as soon as possible.  

You are fully responsible for any charging fees incurred prior to notifying us of the loss or theft of your charging key or your mobile phone. 

Charging 

It is your responsibility to ensure that a charging session begins and is completed correctly. To control charging, pay attention to the information and instructions visible on the charger and in the App, and always follow the operating instructions of your EV.  

It is your responsibility to ensure that your EV is compatible with the charging station and technically in condition to be charged. If you encounter any technical issues while charging, please contact the customer service of the charging station operator. 

Parking regulations 

Depending on the location of the charging station, specific parking restrictions and regulations may apply. It is your responsibility to ensure that you follow any parking regulations applicable at your chosen charging station. 

Updates to the App  

We may from time to time provide or make available updates to the App. You are responsible for downloading and installing any updates. Unless you install the updates, some functionalities or features in the App may not work correctly or may become disabled. We are not liable for any issues you may face due to a failure to install updates. 

We will provide updates at minimum for as long as mandated by the applicable laws. After such period, we may choose to discontinue providing updates or support for older versions. 

6. Your right to terminate the Services 

If you want to stop using our Services, you can terminate your use with one (1) months' notice period by using the App or by contacting our customer service. You can find the contact details of our customer service on our website chargedrive.com. 

7. Consumer's withdrawal right 

If you are a consumer, you have the right to withdraw from this contract within 14 days from the conclusion. Similarly, if you have ordered charging key or other goods from us, you have the right to cancel your order within 14 days of receipt. You do not need to specify any reason to use these rights.  

If you have requested provision of the Services before the 14-day withdrawal period has expired, you are required to pay reasonable compensation for the Services we have provided to fulfil the contract before your cancellation notification is made. 

Your withdrawal right does not apply to charging sessions, and you are fully liable for any charging fees incurred from charging sessions prior to the withdrawal. 

How to use your withdrawal right 

You can use your withdrawal right by contacting our customer service within the 14-day withdrawal period. You can contact our customer service using the contact information on our website chargedrive.com, use our withdrawal form or send us an email specifying your name, telephone number, and e-mail address, together with a clear statement that you wish to withdraw from the contract or a particular purchase. After we have received your withdrawal request, we will provide you a confirmation.  

If you have ordered charging keys from us and they have been registered to your account, you need to deactivate the charging keys from your account using the App prior to your withdrawal request. The charging keys do not contain any information about you and cannot be associated with you or your account after deactivation. To avoid any possibility of misuse, it is recommended also to cut the charging keys in half to ensure the RFID chip is permanently destroyed. Thereafter you can safely dispose of the charging keys as electronic waste.  

If you exercise your right of withdrawal from the contract, the Services will terminate. If you withdraw from specific purchase, such as purchase of a charging key, only such purchase will be terminated.  

8. Our right to suspend or terminate the Services  

We may restrict access to or suspend the Services at any time if it is necessary for our business operations, for example to reflect changes in applicable regulations, or if reasonably necessary due to circumstances beyond our reasonable control.  

We may terminate this contract in the following cases: 

9. In case of problems or disagreements  

Your rights  

We always try to offer you the best Services. Still, there may be times when you are not fully satisfied with our Services.  

Under these Terms and applicable laws, you are entitled to expect a certain quality from our Services and can rely on particular measures in case something goes wrong.  

If you are a consumer, nothing in these Terms limits your rights under applicable consumer protection laws.   

You may also be provided with specific warranty conditions that apply to some of our Services. If you are a consumer, such commercial guarantees never limit your rights under the consumer laws. 

Defective Services 

We are responsible for ensuring that our Services are provided in accordance with these Terms and the requirements under the laws. If you become aware of a defect or any other lack of conformity in our Services or the Charging Network, please contact our customer service or the charging station operator as soon as possible to give us an opportunity to fix the problem. 

Most of the charging stations in our Charging Network are operated by our partners. As we operate with this partner network, we cannot guarantee the working order or suitability of any charging station at any given time, including the compatibility of any charging station with your EV. Our partners are responsible for the working order and operation of their charging stations in our Charging Network. 

Due to the nature of electrical charging services and mobile networks, we cannot guarantee a continuous, fault-free Services, as electrical faults or other similar events may occur that require immediate maintenance of the charging stations. You should always observe the charging of your EV and abort the charging session if you notice anything out of the ordinary. 

Complaints  

If you wish to make a complaint for an incorrect charging fee or any other issue, you must notify us within 60 days of when the transaction became visible on your account. To make a complaint, please contact our customer service using the contact information on our website chargedrive.com. 

When making a complaint, please clearly indicate the type of issue you are reporting. If you do not make your complaint within this time, or do not indicate the issue to us in a sufficiently clear way even after our request, you lose your right to compensation, unless otherwise provided under the applicable laws. 

After we have received your complaint, we will do our review of the issue together with a technical investigation, when necessary. We will then inform you of the result of our review and reasons for why we consider the complaint either justified or unfounded. In case of a justified complaint concerning any incorrect charging fees, we will compensate you the incorrectly debited amount without delay. 

Settling disputes, governing law, and courts 

We try to resolve all complaints and disputes in an amicable matter. If you face problems with our Services, please contact us and we will do our best to assist you in solving the problem. If we cannot solve the problem or if you are dissatisfied with the way we have solved the matter, you have a right to submit the disagreement to a dispute resolution process. 

For consumers 

If you are a consumer, these Terms and your relationship with us is governed by the laws of the domicile of your contracting Charge & Drive party set out in section 1 above, without regard to its conflicts of law principles. Any dispute concerning these Terms shall be settled in the local courts of said domicile. If you reside in an EEA country, and mandatory laws require contracts to be governed by the local laws of your country or give you the right to bring disputes in your local courts, this paragraph does not limit your rights under those laws. 

If you are dissatisfied with our Services or the way we have tried to solve the problems you have raised, you may turn to alternative dispute resolution entities such as the Online Dispute Resolution (ODR) Platform (available at http://ec.europa.eu/odr) or to the Consumer Dispute Board. 

For business and organizationusers only 

If you are a business user or organization, these Terms and your relationship with us is governed by the laws of the domicile of your contracting Charge & Drive party set out in section 1 above, without regard to its conflicts of law principles. Any dispute concerning these Terms shall be settled in the local courts of said domicile. 

10. Liability  

If you are a consumer, your liability will never be more than what is provided under the applicable laws. 

All users 

We limit our liability to the fullest extent permitted under applicable laws, including consumer protection laws. We are not liable for any indirect or consequential loss or damage incurred by you in connection with the use of the Services, or for any costs or damages incurred to any third parties. These Terms do not limit our liability in case of loss caused by gross negligence or willful misconduct, or in case of death or personal injury. 

Further, we are not liable to you for any costs or damage caused by: 

For business and organization users only 

If you are a business or organization user, we are not liable to you for any: 

Our total liability arising out of or relating to these Terms is limited to the greater of (a) EUR 5,000 or (b) the charging fees you have paid during the preceding 12 months.  

Force Majeure 

We are not responsible for a failure to provide our Services, or damage or loss caused by any event which is beyond our control, which could not have been reasonably foreseen or avoided, and which cannot be reasonably overcome by us. These include, without limitation, failures or interruptions in electric power production, distribution, electronic communication, or unavailability of equipment or services from our partners, including those in our Charging Network and those providing payment, authentication, or other services required for our Services to operate properly. 

11. Changes to our Services 

We constantly seek to adapt our Services to demand. As EV charging is rapidly developing, we may need to change our Services to ensure they meet our quality standards, the requirements under the law, and to adapt them to the current business environment.  

Thus, we may change our Services if it is necessary for us to: 

Finally, we may change our Services if there is a special reason due to a substantial change in circumstances, renewal of outdated contractual or pricing arrangements, or implementation of measures necessary to save energy. 

To the extent we make any change to our Services beyond to what is necessary to keep it error-free and in conformity with our quality standards and the law, we will notify you of such change in the App and on our website chargedrive.com. 

If a change could negatively affect your ability to use our Services, or if we stop offering any Services altogether, we will give you reasonable advance notice of such change by email before it becomes effective, together with information on your right to terminate the Services if the change has more than a minor negative impact for your ability to use the Services. 

12. Changes to these Terms 

We may also need to update these Terms to reflect changes in our Services or how we do business, for example when we add new Services, features, technologies, pricing, or benefits. We may also need to update these Terms for legal or security reasons, or to prevent abuse or harm. 

If we materially change these Terms, we will inform you of such changes by email at least one (1) month before they become effective. If you do not agree with the changes to these Terms, you can terminate the Services using the App or by contacting our customer service.