§ 2-4. Fees for using a means of payment

This section covers an extra charge or a discount that a payee links to which means of payment you use. A shop may, for example, add a surcharge for one card and give a discount for another. You must be told about such differences before the payment is initiated. The bank or other payment service provider (the party that carries out the payment) cannot prevent the payee from doing this. For consumers there is a cap: the surcharge cannot be larger than the payee's actual cost for that payment method. If sending an invoice is included in the fee, the same cap applies to that part. The Government may in regulations prohibit or limit such fees to strengthen competition.

The second paragraph applies to more than just the payee. If the payment service provider or anyone else charges a fee for a particular payment instrument, the customer must also be told before the transaction is carried out. The duty lies with whoever charges the fee. The third paragraph sets out the sanction. If the duty to inform has been breached, the payer does not have to pay the fee for the means of payment. Example: A payee adds a surcharge for a particular payment method without saying so in advance. The payer can then refuse to pay the surcharge. The provision thus protects against surprises at the checkout or when paying online.

This section must be read together with the neighbouring sections in chapter 2. § 2-6 prohibits the payee from charging a fee for payment instruments covered by two EU regulations on card fees and euro transfers. For such instruments, the matter is therefore settled by the prohibition, not by the cap here. § 2-5 deals with something else: each party pays the fees of their own payment service provider. § 2-3 states that payment is made in the agreed currency.