General Terms and Conditions of Network BV
Note: These general terms and conditions govern the use of the Blink Drive service,
including its mobile application, RFID card, and related portal, for electric vehicle drivers
accessing the Blink Network BV network and affiliated roaming networks.
1. General terms and conditions
1.1. These General Terms and Conditions apply to all Blink Drive services offered and
delivered by Blink Network BV, hereafter referred to as "Blink."
1.2. Any derogation from these General Terms and Conditions is only valid if expressly
agreed otherwise in writing.
1.3. The applicability of the customer’s General Terms and Conditions is hereby
expressly excluded.
2. Definitions
2.1. General Terms and Conditions: these general terms and conditions including
any appendices.
2.2. Blink Drive: the e-mobility service (eMSP) solution offered by Blink, which
includes access to charging networks, subscriptions, roaming services, RFID
cards, and the Blink Drive mobile application and portal.
2.3. Services: the Blink Drive Services that Blink offers to the Customer through the
Blink Drive app, website, or other digital platform.
2.4. Products: All digital or physical items offered by Blink in connection with the
Blink Drive service, including RFID cards.
2.5. End user: the natural or legal person who makes use of Blink’s Products and/or
Services, including drivers of electric vehicles.
2.6. Electric vehicle: a vehicle powered wholly or partially by an electric motor.
2.7. Customer: the natural person or legal entity who enters into an agreement with
Blink for the use of Blink Drive services.
2.8. Customer service: Blink’s customer service department, which can be contacted
for support, complaints, questions, or comments.
2.9. Price quotation: the price quotation issued by Blink relating to one or more Blink
Drive services.
2.10. Network: the joint Blink and partner network accessible through Blink Drive.
2.11. Agreement: the agreement between Blink and the customer with regard to Blink
Drive services, including subscriptions and payment terms.
2.12. Other Services: any additional functionality offered through the Blink Drive app
or portal not categorized above.
3. Applicability
3.1. These general terms and conditions apply to all Contracts, Subscriptions,
Products, Services, Price Quotations, Requests and, more generally, to all juridical
acts between the Customer or end user and Blink.
3.2. The Customer or end user agrees to be bound by these general terms and
conditions when signing a price quotation or agreement or using Blink's products
or services in any manner whatsoever. They also apply to new or supplementary
products and services that the Customer or end user purchases from Blink after
the agreement has been concluded.
3.3. Blink is only bound by deadlines to the extent that these are provided for in these
general terms and conditions or when these are stated in specific agreements or
price quotations.
4. Blink Drive subscriptions and pricing
4.1. Blink Network BV offers access to its e-mobility services provider (eMSP) and
roaming solution under the brand name Blink Drive. This includes access to
public charging stations across Blink's own network and partner networks via the
Blink Drive mobile app or customer portal.
4.2. Customers using Blink Drive may choose between different subscription tiers
based on their usage preferences: Starter (no subscription fee), Fan, or Addict.
Each subscription level comes with a specific pricing structure for AC and DC
charging, and for chargers operated by Blink or other charging providers, as
published in the app or on Blink's website. All prices include VAT unless
otherwise specified.
4.3. Customers may also choose to use Blink Drive without a subscription, in which
case they will be charged the standard rates based on the total of CPO and
roaming fees combined.
4.4. Subscription plans are personal and non-transferable and are valid for a period of
12 months unless explicitly stated otherwise. Subscriptions will not renew
automatically, and customers must actively renew if they wish to continue with
their selected tier.
4.5. Blink reserves the right to adjust subscription pricing or terms. Any such changes
will be communicated to customers at least 30 days in advance via the Blink Drive
app, email, or another appropriate communication channel. If the customer does
not accept the changes, they have the right to cancel their subscription before the
changes take effect.
4.6. By using Blink Drive, whether with or without a subscription, the customer agrees
to the rates, terms, and obligations described herein and in the app interface at
the time of charging.
5. Additional provisions for Blink Drive and interoperability services
5.1. Data access and session information
Customers have access to real-time information regarding their charging sessions,
including consumption data and session history, through the Blink Drive portal or
mobile application. This data (Charge Detail Records or CDRs) may be provided in
downloadable formats such as CSV or XLS for personal recordkeeping or
reporting purposes.
5.2. Interoperability and third-party network fees
When using Blink Drive at public charging stations operated by third-party charge
point operators (CPOs) through roaming agreements, the charging tariffs may
include additional interoperability fees ("CPO Fees"). These are set by the thirdparty CPO and passed through directly to the customer. Blink Network BV has no
control over third-party pricing.
5.3. Session- and transaction-based pricing models
Blink Drive may apply different pricing models, including but not limited to:
a) Price per kWh of energy consumed
b) Fixed per-session fees
c) Parking fees (for connected time after charging is completed)
d) Interoperability fees (for roaming)
These models may be combined under specific subscriptions or promotional
offers. Applicable pricing is always made available in advance within the app or
portal.
5.4. Liability limitations for service use
Blink is not liable for any damage unless directly resulting from maintenance or
operational failures attributable to Blink. Customers are fully responsible for
damages resulting from misuse, negligent use, or unauthorized modifications of
Blink equipment, systems, or services. The customer agrees to indemnify Blink
against any third-party claims arising from such misuse or improper conduct.
5.5. Contract renewal and termination for business subscriptions
If a business agreement for Blink Drive is concluded for a fixed term (e.g. 1–5
years), the agreement shall automatically renew for one-year periods unless
either party provides written notice of termination at least six (6) months before
the expiration date. Additional termination conditions may apply as agreed in the
contract.
5.6. Privacy and non-solicitation of partner end users
In accordance with applicable data protection laws (including GDPR), Blink will
not use personal or behavioral data of end users obtained through white-label or
interoperability partnerships to actively market or directly solicit those users,
unless the partner has given explicit written consent. All data processing will
remain in line with Blink’s privacy policy and applicable legal frameworks.
5.7. Billing and liability for charging sessions
To use the Blink Drive app, initiate charging sessions, or request a Blink Drive
RFID card, users must register and maintain a valid payment method (e.g., credit
Commented [AP1]: @Joel Rayen is this true?
Commented [JR2R1]: @Anthony Poschet - isn’t this
always true for 3rd party other / CPOs?
Commented [AP3]: We can also charge idle fees. And
don't we also charge transaction costs? €c20 and 4%? +
can't we also charge parking fee? @Joel Rayen
card, SEPA mandate, or other accepted form of payment) within their account.
Failure to do so may result in denial of access to services.
5.8. Charging sessions started via the Blink Drive app or RFID card are billed to the
registered user, unless the user is part of an active fleet agreement with Blink
Network BV.
5.9. Individual drivers are personally liable for the costs of their charging sessions
unless a fleet arrangement expressly provides coverage. Where such a fleet
agreement exists, billing is subject to the specific conditions defined in that
contract, which may include:
e) defined operating hours (e.g., weekdays from 08:00–18:00),
f) geographic boundaries,
g) consumption or monetary limits,
h) or other business rules.
i) Sessions that fall outside of those conditions—either due to time, location,
budget, or any other limit—will be charged directly to the individual driver’s
payment method. The driver is responsible for being informed of their coverage
terms, which may be communicated via the Blink Drive app, portal, or their fleet
administrator.
5.10. All fees are final and non-refundable unless a technical error is acknowledged by
Blink. In the event of non-payment or repeated payment failures, Blink reserves
the right to suspend access to Blink Drive services.
6. Payments
6.1. The customer accepts that Blink sends all invoices electronically unless agreed
otherwise in writing.
6.2. Any complaints regarding an invoice must be notified to Blink in writing before
the payment period expires. If a complaint is not made within this period, it will
be late and cannot be accepted. If the customer has lodged a complaint, he is not
entitled to suspend the payment or to apply a set-off to the payment. If the
complaint is founded, Blink will refund any excess amount charged.
6.3. If the customer does not pay the amounts owed within the applicable payment
deadline, late payment interest of one percent (1%) per month commenced as
from the due date of the invoice until payment has been made in full, will be owed
by operation of law and without notice of default. In the event of late payment,
one-off administration costs of EUR 15, excluding VAT, will also be charged. An
agreed and fixed amount of compensation of 10% will also be owed on the
amount payable and outstanding, with a minimum of EUR 50, excl. VAT.
6.4. In the event of non-payment, Blink has the right to suspend the delivery of its
services or products as from the date of the default and until the Customer has
paid the amount owed in full.
6.5. Unless the parties explicitly agree otherwise, all costs accompanying the
execution of the agreement, including the costs resulting from requests or
instructions from Blink, will be and remain at the customer’s expense.
6.6. Blink’s claims against the customer are immediately due and payable in any case
of liquidation, bankruptcy, attachment or suspension of payment of the Customer.
6.7. The Customer waives his competence of suspension (which is also understood to
mean exercising any right of retention). The Customer is not entitled to withhold
or reduce payments or to set off existing and/or future claims against any
outstanding amounts owed to Blink.
6.8. Blink reserves the right to propose or introduce new and alternative payment
methods in the future.
7. Liability
7.1. Blink’s liability for indirect damage (including consequential damage, loss of
profit, missed savings, reduced goodwill, damage for business stagnation, damage
of third parties, damage to loss of data, business and materials or software of
third parties) is expressly excluded in all cases.
7.2. The Customer or end user must ensure that the peripheral equipment he uses,
such as mobile phones or computers and connections, is sufficiently secured
against unauthorised use or viruses. Blink is not responsible for interrupted or
disrupted functioning of communication, infrastructure or internet connections.
7.3. Blink is not liable for the failures of third parties whom Blink engages to provide
services.
7.4. Blink shall no longer be liable for damage caused or co-caused by unauthorised
use by or on behalf of the customer or the end user or for damage co-caused
because the customer does not comply with the applicable safety instructions, any
other regulation for the relevant charging station or electric vehicle or other
relevant regulations.
7.5. When a Customer enters into an agreement with Blink and such Customer makes
the products and/or services available to third parties, including end users, in any
manner whatsoever, the Customer will indemnify Blink, whenever it so requests,
against any liability for damages, entitlement and claims arising from the
relationship between the Customer and a third party, including an end user.
7.6. Blink is in no way whatsoever liable for damage resulting from any actions or
omissions on the part of the Customer in breach of (a) provision(s) of these
general terms and conditions. The Customer is liable to Blink for damages
resulting from acts and/or omissions contrary to provisions laid down by law
and/or contract, including these general terms and conditions.
7.7. To the extent legally possible, Blink is not liable for the damage caused to the
customer or to third parties by its employees and/or by third parties engaged by
it. The liability limitation in this article also applies to third parties whom Blink
engages for the purposes of executing the agreement, as well as to persons for
whom Blink is liable.
7.8. The limitations referred to in this article will lapse if and insofar as the damage is
the result of intent or gross negligence on Blink’s part. However, Blink is not liable
for damage caused by deliberate or conscious recklessness by non-managerial
staff and third parties engaged by Blink.
8. Force majeure
8.1. Blink is not obliged to fulfil any obligation in the case of force majeure. Force
majeure is understood to mean things such as: delay or default of suppliers
and/or other third parties engaged by Blink, disruptions of the internet, of
electricity, of email traffic and disruptions of or changes to technology supplied by
third parties, transport options, work strikes, government measures, delays in
supply, negligence on the part of manufacturers and assistants, illness of
personnel and disruptions of means of assistance or transport, or any other
circumstance that prevents the agreement from being performed or executed.
8.2. In the case of a situation of force majeure, Blink is entitled to postpone the
execution of the agreement, without judicial intervention, by a maximum period
of 6 months or to terminate the agreement in full or in part, without this giving
rise to any claim to compensation (for damages) for the customer or end user.
8.3. If a force majeure situation lasts longer than 30 days, Blink has the right to
terminate the agreement, and what has already been delivered on the grounds of
the agreement is then settled proportionately without the parties owing each
other anything on any grounds whatsoever.
9. The Customer’s liability
9.1. The Customer will ensure that all obligations under these General Terms and
Conditions are legally valid and binding for the End User, being a Customer of the
Customer and/or a third party whom the Customer has given permission or has
de facto enabled to use the Products and/or Services.
9.2. The Customer guarantees and warrants that neither he nor the end user will
make unauthorised use of the products and/or services. The Customer
indemnifies Blink against all damage, including all reasonable costs incurred, that
Blink suffers or may suffer as a result of acts and/or omissions and any claims for
damages by third parties and/or end users relating to situations in which the
Customer is liable as described in this article.
9.3. The Customer undertakes to execute the agreement with due regard for the
interests of Blink. The Customer shall not in any way hinder Blink in its provision
of its services. For example, the customer is not allowed to perform actions of
which it can be presumed that they will cause damage to Blink’s products and/or
services.
10. Suspension
10.1. To the extent permitted by law, Blink is at all times entitled to suspend or
interrupt its obligations with regard to the product and/or services if the
Customer does not fulfil his obligations. Blink will only resume fulfilling its
obligations after the Customer has fulfilled his obligations in full, including the
payment of additional costs incurred by Blink.
10.2. Suspension or discontinuation of the service provision and/or rendering a
product unusable does not release the Customer from his obligation to pay the
outstanding invoices to Blink.
10.3. If Blink uses its right of suspension, this will not generate any right to
compensation or restitution for the customer.
10.4. To the extent legally possible and unless expressly agreed otherwise, any right of
suspension and/or set-off and/or any right of retention by the customer are/is
excluded.
11. Transfer to third parties
11.1. The customer is not permitted to transfer all or part of his rights or obligations
under the agreement to a third party without Blink’s prior written consent. This
provision has both an obligation-law and a property-law effect.
11.2. Blink is entitled to transfer all or part of its rights and obligations under the
agreement to a third party. The Customer hereby grants his consent to such a
transfer in advance.
12. Intellectual property
12.1. The customer or end user agrees that all intellectual property rights, such as
copyright, trademark rights, design rights, database rights and patent rights of the
services or products and of the information exchanged with the customers, the
map, the websites and all underlying source codes, remain the property of Blink
or its licensors. With due observance of the privacy legislation, Blink may
continue to use or develop products, materials and methodologies that have been
provided by the Customer or that contain derived information and such new
developments will subsequently fall under Blink's property right.
12.2. The Customer is not allowed to remove or change any indication relating to the
intellectual property rights (such as logos and copyright reserved) on or in
connection with the products and/or services supplied by Blink or software,
equipment, the website or the materials made available.
13. Privacy
13.1. When offering products and services, Blink processes certain data of the
Customer or end user, including personal data, which make it possible to identify
a particular person.
13.2. When it processes personal data, Blink does so with due regard for the applicable
privacy legislation.
13.3. Within the framework of an agreement, Blink may provide the personal data
provided by the customer or end user to third parties within the framework of the
execution of the agreement. Behavioral data on the use of products and services,
such as electric charging behavior, can also be provided to third parties. By
accepting these general terms and conditions, the Customer or end user grants
unconditional permission that Blink may process the personal data and provide
them to third parties. Insofar as the Customer does not agree with this, he must
impose a prohibition on Blink to transfer his personal data to third parties by
registered letter.
14. Other provisions and applicable law
14.1. Blink can always change the offer of the products or the content of the services.
Blink is also authorised to change the general terms and conditions. Blink
undertakes to communicate the changes to the general terms and conditions via
the monthly invoice. If the customer does not agree with the amended general
terms and conditions, he has one month’s time after having received the invoice
to oppose the application of the new terms and conditions and to inform Blink
accordingly by registered letter.
14.2. Blink is entitled to engage third parties in executing the agreement.
14.3. The Customer is not permitted to circumvent or remove technical security or
usage restrictions related to the products or services.
14.4. If any provision of these general terms and conditions is invalid, illegal or null and
void, for whatever reason, or is declared null and void, this does not affect the
legal validity of the other provisions of these general terms and conditions, which
remain in full force and effect.
14.5. Provisions of these general terms and conditions, which, by their nature, are
intended to continue even after the agreement has ended, will remain valid even
after the end.
14.6. The agreement and these general terms and conditions are governed by Dutch
law. Any disputes relating to and/or arising from them must be submitted to the
competent court in Amsterdam