Terms and Conditions

The Provider

The service is provided by the following sole trader (the Provider or PLUG):

Details of the hosting provider are in the Imprint.

Definitions

• User: a person aged 18 or over, or an organisation, who uses the service.
• Consumer: a natural person acting outside their profession, independent occupation or business.
• Station: the charging and dispensing station owned by the Provider and placed at a Venue.
• Powerbank: the portable battery owned by the Provider that can be rented from a Station.
• Venue: the café, shop or other premises where a Station is located. The Venue is not a party to the rental contract.
• Rental page: the web page opened by the QR code on the Station (https://www.plughungary.com/en/rent.html), where a rental can be started, and the Rental status page (https://www.plughungary.com/en/end-rental.html), where the status and fee of a rental can be checked with the Rental ID. The “withdraw from contract” function is on the website's Withdraw from contract page, linked from the Rental page and from every page of the website.
• Rental ID: the unique, randomly generated identifier of a rental (format PLUG-XXXXX-XXXXX), shown on the Rental page and sent by text message when the rental starts.
• Rental: the period from the Powerbank leaving the Station until it is put back into a Station. The Rental ends automatically when the Powerbank is put back.
• Hold: an amount temporarily reserved on the User's payment method at the start of the Rental; only the actual fee is charged.
• Surcharge: a fixed amount payable if the Powerbank is not returned within 5 days; legally it is liquidated damages (“kötbér”) under section 6:186 of the Hungarian Civil Code.

Scope and acceptance

1. These Terms apply to every contract for renting a Powerbank between the Provider and a User in Hungary.
2. The Terms are always available on the website and on the Rental page, where they can be saved and printed.
3. Before starting a Rental, the User accepts these Terms by ticking the checkbox on the Rental page. The Privacy Notice is linked where the phone number is entered. A Rental cannot start without accepting the Terms.
4. Each Rental is governed by the version of the Terms in force when it started.
5. The contract is concluded electronically. It is not a written contract, it is not filed by the Provider, but the rental data is kept as described in the Privacy Notice. The Provider has not subscribed to any code of conduct.

The service

1. The Provider lets the User use a Powerbank temporarily to charge a phone, tablet or other compatible device (a lease under section 6:331 of the Civil Code). The Powerbank remains the Provider's property at all times.
2. Powerbanks are normally charged when released. The current charge level and the capacity (Wh) are shown on the Powerbank or the Rental page. The Provider does not guarantee compatibility with every device or a full charge of any device.
3. Stations can be used during the Venue's opening hours. The current list of Stations is on the website.

Conditions of use

1. Only persons aged 18 or over may rent. By starting a Rental the User confirms this.
2. A device that can read QR codes with internet access, a mobile number that can receive text messages and an accepted payment method (bank card, Apple Pay or Google Pay) are required.
3. To prevent misuse, the Provider may refuse certain payment methods (for example disposable or single-use virtual cards, or prepaid cards that do not support holds). A refusal creates no obligation to pay.

How the contract is concluded

1. The User scans the QR code on the Station to open the Rental page.
2. Before the Rental starts, the Rental page shows, right next to the final button, the main characteristics of the service, how the fee is calculated (the fee for the first 2 hours, the further rate and the daily maximum), the Hold amount, the maximum rental period and the Surcharge after it, the accepted payment methods, and these Terms. Details and examples of the fee calculation are in the “How does pricing work?” section.
3. The User enters a mobile number (and, if the Rental page was not opened with the Station's QR code, the Station code), to which the Provider texts the Rental ID, notifications about the rental and the receipt. The User can correct it at any time before pressing the final button.
4. By ticking one checkbox the User (a) accepts these Terms, (b) expressly requests that the service starts immediately, and (c) acknowledges losing the right of withdrawal once the service has been fully performed, i.e. once the Rental has ended (see section 11).
5. With the “Start paid rental” button – pressing it creates an obligation to pay – the User goes to the payment provider's secure payment page, chooses a payment method and approves the Hold. This is the User's offer.
6. Obligation to pay. Starting a Rental creates an obligation to pay: by starting it, the User undertakes to pay the rental fee set out in Fees and, if the Powerbank is not returned within 5 days, the Surcharge.
7. The contract is concluded when the Hold succeeds and the Station releases the Powerbank. The Provider confirms the start immediately on the Rental page (“Take your powerbank!”) and by text message, together with the Rental ID, within 48 hours at the latest.
8. If the Station fails to release a Powerbank after the Hold, no contract is concluded, nothing is charged and the Hold is released without delay.
9. With the Rental ID the User can check the status and fee of the rental on the Rental status page and identify the rental in a withdrawal notice or when contacting customer service. The User must keep the Rental ID confidential and tell customer service without delay if they think someone else has learned it.

Fees

Examples: 1 h: 490 Ft; 2 h: 490 Ft; 4 h: 1 280 Ft; 7 h: 1 280 Ft; 12 h: 1 990 Ft; 24 h: 1 990 Ft; 30 h: 3 570 Ft; 48 h: 3 980 Ft; 120 h: 9 950 Ft.

1. The fee is calculated for consecutive 24-hour periods counted from the start of the rental. In the first period the first 2 hours cost 490 Ft, then each started 5 hours cost 790 Ft; in later periods each started 5 hours cost 790 Ft. The fee for one 24-hour period is at most 1 990 Ft.
2. A rental lasts at most 5 days (120 hours). Rental time runs from release until the Station records the return. It also runs while the Venue is closed.
3. All fees are final gross prices in Hungarian forints. The Provider is exempt from VAT as a small business, so no VAT is charged.
4. The Provider may change the fees at any time; changes do not affect Rentals already in progress.
5. If a Rental does not end because of a fault of the Provider or the Station (for example the Station is not working, is full or does not record the return), and the User reports this to customer service, no fee is charged for the extra time.

Payment, hold, receipt

1. When the Rental starts, the Provider places a Hold of 2 000 Ft on the User's payment method. A Hold is not a charge.
2. When the Powerbank is returned, the Provider charges the actual fee and releases the rest of the Hold. Depending on the card issuer, the released amount may take a few days to become available.
3. When starting the Rental, the User expressly agrees that if the amount due (including the Surcharge after 5 days, but never more than 14 950 Ft in total) exceeds the Hold, the Provider may charge the difference to the same payment method later without further action by the User. The Provider uses this consent only for amounts arising from that Rental.
4. If a later charge fails, the Provider sends a payment reminder by text message and may enforce the claim by other lawful means.
5. Payment via Barion. Online bank card payments are executed via the Barion system. The merchant does not get and store any payment data (such as bank card, bank account, or digital wallet details). Barion Payment Inc., the provider of this service, is an institution under the authority of the Central Bank of Hungary, its license number is: H-EN-I-1064/2013.
6. The Provider issues an electronic receipt for every rental fee paid and texts it (as a link to the receipt) to the phone number given by the User when the rental ends. At the start of a rental there is only a Hold, so no receipt is issued then. An invoice is issued on request, for which the User must provide a billing name and address. The Surcharge is compensation, not consideration for a service, so no receipt is issued for it; the User is informed of the charge by text message.

Returning the Powerbank, end of the rental, surcharge

1. The Powerbank can be returned to any PLUG Station during the Venue's opening hours. The Station records the return.
2. The Rental ends automatically when the Powerbank is put back: as soon as the Station records the return, the Provider closes the Rental without any further action by the User, settles the fee and informs the User of the end of the Rental and the receipt by text message. Rental time runs until the Station records the return. The status of the Rental can also be checked with the Rental ID on the Rental status page. If no text message arrives after the return, the User should contact customer service immediately.
3. If the Powerbank is not returned within 5 days of release, the rental expires and the Provider charges a Surcharge of 5 000 Ft on top of the 5-day rental fee (9 950 Ft). The rental fee does not increase further; the User pays at most 14 950 Ft in total.
4. The Provider claims no further damages for the Powerbank not being returned beyond the Surcharge and the 5-day rental fee.
5. If the User returns the Powerbank undamaged to any Station within 30 days of release, the Provider refunds the Surcharge within 14 days to the same payment method. The rental fee is not refunded.
6. Loss, theft or destruction of the Powerbank has the same consequences as not returning it.
7. Paying the Surcharge does not transfer ownership of the Powerbank; no sale takes place.

The User's obligations

1. Use the Powerbank with care and for its intended purpose. Do not open, modify, immerse in water, expose to fire, heat or impact, or leave it in a vehicle in the sun.
2. If the Powerbank is damaged, gets unusually hot, swells, smells or smokes, stop using it immediately, do not put it back into a Station, place it somewhere safe and non-flammable, and notify the Provider at once.
3. The User is liable for damage to the Powerbank caused through the User's fault during the Rental, up to the value of the Powerbank (14 000 Ft), except for intentional damage.
4. In case of damage to a Station, unauthorised removal of a Powerbank or other misuse, the Provider may refuse further rentals and claim damages under the law.
5. The User decides on and is responsible for taking the Powerbank on an aircraft according to the airline's rules.

Right of withdrawal

1. Under Government Decree 45/2014 (II.26.), a Consumer may withdraw from (terminate) the contract without giving reasons within 14 days of its conclusion.
2. Because the User expressly requests the service to start immediately and acknowledges losing the right of withdrawal once it has been fully performed, the right of withdrawal cannot be exercised after the Rental has been completed by returning the Powerbank (section 29(1)(a) of the Decree).
3. During a Rental in progress, the User may terminate the contract at any time: by returning the Powerbank to any Station, with the “withdraw from contract” function (and its “confirm withdrawal” button) on the website's Withdraw from contract page, by email or by post. The model withdrawal form may be used. On termination the User pays a proportionate fee for the service used until termination or return, based on the fees in section 7.
4. After notifying termination, the User must return the Powerbank to any Station or to the Provider without delay, and at the latest within 14 days; no rental fee is charged for this period, but the Surcharge rule after 5 days applies if the Powerbank is not returned within this deadline either.
5. The Provider sends an acknowledgement of receipt without undue delay on a durable medium (by text message for the online function, otherwise by email), stating the content of the notice and the date and time it was sent, and refunds any amount paid above the proportionate fee within 14 days using the original payment method.

Defective performance, liability

1. Performance is defective if the Powerbank does not charge when released or has another defect preventing normal use. In that case the User may request a refund of the rental fee or another Powerbank free of charge (section 6:159 of the Civil Code).
2. Defects must be reported to customer service without delay after discovery. The Provider fulfils justified claims within 15 days.
3. The Provider is liable under the Civil Code for damage to the User's device caused by a defective Powerbank. Liability cannot be excluded or limited for intentional or grossly negligent breach, or for breach causing harm to life, physical integrity or health.
4. The Provider is not liable for damage caused by a defect of the User's device, improper use, an unsuitable cable, or the User breaching these Terms.

Complaints and remedies

1. Complaints can be made by email: [email protected]; by phone: +36 70 225 8783; by post: 1112 Budapest, Kányakapu utca 17..
2. Oral (telephone) complaints are examined immediately and remedied where needed. If the User disagrees with how the complaint is handled, or it cannot be examined immediately, the Provider records it and sends the User a copy.
3. The Provider replies to written complaints in writing, on the merits, within 30 days of receipt, giving reasons for any rejection.
4. If the complaint is not resolved, a Consumer may turn to the conciliation body competent for their place of residence. For consumers living in Budapest: Budapesti Békéltető Testület, 1016 Budapest, Krisztina krt. 99. I. em. 111.; postal address: 1253 Budapest, Pf. 10.; phone: +36 1 488 2131; email: [email protected]. Other bodies: bekeltetes.hu. The Provider must cooperate in the conciliation procedure.
5. Consumers may also contact the consumer protection authority (in Budapest: the consumer protection unit of the Budapest Capital Government Office, [email protected]). Consumers living in another EU country may contact the European Consumer Centre Hungary about cross-border complaints.
6. The User may also go to court under the rules of civil procedure.

Personal data

Personal data is processed as described in the Privacy Notice. Cookies are covered by the Cookie Notice.

Other provisions

1. Availability. The Provider does not guarantee that every Station is always available or that a Powerbank can be released at a given time.
2. Force majeure. The Provider is not liable for delays or failures caused by circumstances beyond its control (for example a power cut, a nationwide telecom outage or a natural event).
3. Intellectual property. The website, the Rental page, the PLUG name and logo and the graphics are the Provider's intellectual property and may not be used without permission. Apple Pay is a trademark of Apple Inc., registered in the U.S. and other countries and regions. Google Pay is a trademark of Google LLC.
4. Changes. The Provider may amend these Terms and publishes changes on the website at least 8 days before they take effect. Changes do not affect Rentals in progress.
5. Governing law. Hungarian law applies, in particular Act V of 2013 (Civil Code), Act CLV of 1997 on consumer protection, Act CVIII of 2001 on electronic commerce and Government Decree 45/2014 (II.26.). A Consumer habitually resident in another country keeps the protection of the mandatory rules of that country's law.
6. If any provision is invalid, the others remain in force.

Annex: model withdrawal form

The model withdrawal form is on the Withdraw from contract page, where it can be printed or copied into an email.