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Uncapped surge pricing: what the platform now has to show

The new law swapped a numerical limit for a duty of transparency. We explain how the 72-hour cap worked, what article 15 now says, why the price estimate disappeared and what passengers can demand.

The short answer

Since 1 September 2026, TVDE surge pricing no longer has a maximum set by law. What the law now requires is that it be calculated "in accordance with the calculation formula" the platform provides and with the weighting factors indicated there, "provided that these are communicated to the user in advance in a clear, understandable and objective manner" (article 15(5)). The price can rise without limit, but it cannot rise because of a hidden factor. The fixed-price alternative, mandatory for any route, remains.

How the 2018 cap worked

In the original version, article 15(5) said that surge pricing "may not exceed the amount resulting from applying a 100% markup factor to the average price charged for services provided by that operator in the immediately preceding 72 hours".

Two details of this text are often forgotten. The first is that the reference was the average price charged by the operator itself, not a market or route average. The second is that the cap was a moving one: since the 72-hour average kept updating, a long period of high prices raised the reference itself. In practice, the cap meant the price could not go above double that recent average.

What article 15 now says

Law no. 59/2026 replaced paragraph 5 with a rule of a different kind. Instead of a limit, it imposes three cumulative conditions for applying surge pricing:

the calculation must follow the formula made available to the passenger under paragraph 4;
it must use the weighting factors indicated in that formula;
those factors must be communicated to the passenger in advance, in a clear, understandable and objective manner.

The formula, in turn, is the one in paragraph 4(a), which already existed in 2018 and has not changed: before the start of each trip and during it, the platform must show "in an itemised manner the total price, the intermediation fee applied and the applicable rates, namely by distance, time and surge pricing factor". The surge factor is therefore an element that must be visible and separate from the others.

surge pricing (article 15)

topic	2018 law	new law
price limit	double the operator’s average price over the previous 72 hours	no numerical limit
condition for applying it	respect the cap	follow the formula and factors communicated in advance
price estimate	mandatory (paragraph 4(b))	repealed
fixed-price offer	mandatory for any route	mandatory for any route
breakdown of the calculation on the invoice	mandatory	mandatory

The price estimate has disappeared

One change went almost unnoticed. The 2018 law required the platform to give the passenger "an estimate of the price of the trip to be made, calculated on the basis of the information provided by the user". That paragraph (b) of paragraph 4 was repealed by article 5 of Law no. 59/2026.

This does not leave the passenger without information, but it changes its nature. Three duties remain in force. The itemised formula in paragraph 4(a). Article 19(1)(b), which requires the platform to provide, before and during each trip, "the price of the trip, the elements making up the calculation formula and the respective weighting factor". And the fixed-price offer in paragraph 6. The law does not explain how the repeal of the estimate fits with the duty in article 19. In practice, the fixed price ends up being the safest way for the passenger to know a concrete amount before accepting.

The predetermined fixed price as an alternative

Article 15(6) is the main protection for those who do not want to take a chance. The platform must provide "for any route, as an alternative, a predetermined fixed-price offer". If the passenger accepts it, that is the price to be charged at the end, "regardless of the distance travelled or the time taken".

The law does not say how that fixed price is calculated, nor does it prohibit it from reflecting demand at the time. What it guarantees is predictability: the amount accepted is the amount paid, even if there is traffic or detours. For passengers at peak times, comparing the fixed-price offer with the surge formula is the simplest way to decide.

Limits that still apply

Without a numerical cap, other rules of the regime still constrain surge pricing:

passengers with reduced mobility: the price calculation must be exactly the same as for the normal service (article 6(4));
video recording: footage from the video recording may not be used for "setting prices" (article 19-A(10)), and anyone who refuses recording cannot be charged a higher price (paragraph 4);
commission: the intermediation fee remains capped at 25% of the trip value, excluding VAT (article 15(3));
competition: the platform must ensure a pricing policy compatible with competition law (article 20(4)).

The law does not regulate how the surge increase is shared between the platform, the operator and the driver. That split is left to the contracts between the parties.

what is allowed

apply surge pricing with no maximum set by law
as a passenger, see the surge factor itemised before and during the trip
as a passenger, accept the fixed price and pay only that amount at the end
as a passenger, see the breakdown of the calculation on the invoice, with the weighting factor

what is not allowed

apply a surge factor that was not communicated to the passenger in advance
charge more than the fixed price the passenger accepted
calculate the price differently for someone who requests an adapted vehicle
use video recording footage to set prices

What the passenger can demand

Before accepting: the calculation formula with the total price, the intermediation fee, the distance and time rates and the surge factor, all itemised, and a fixed-price offer for the same route. During the trip: the same information, because the law refers to "before the start of each trip and during it". After the trip: an electronic invoice with a "breakdown of the price calculation, based on the elements and weighting factor making up the respective calculation formula, including the intermediation fee" (article 15(8)(e)).

If something goes wrong, the complaint is made through the app’s electronic button, which leads to the Electronic Complaints Book (article 19(2)). The platform manager is jointly liable to the passenger for the performance of the contract (article 20(1)), and consumer disputes can go to Portuguese courts, wherever the platform is based (article 21). See how to complain about a TVDE service.

Applicable fines

Charging prices in breach of paragraphs 2, 3, 5, 6 and 7 of article 15 is the offence in article 25(2)(t), and failing to provide the information in paragraphs 4 and 8 is the one in paragraph (u). Both are attributable to the platform manager and processed by the IMT, Portugal’s transport authority, with a fine of 5,000 to 44,000 euros for legal persons. Failing to provide the information in article 19(1) is paragraph (w), processed by the AMT.

Transparency instead of a cap

The legislator’s choice was clear: it stopped protecting passengers with a maximum amount and started protecting them with information and the fixed-price alternative. The protection works if the passenger looks at the formula before accepting.

On a concert night, the app showed a surge factor of 2.8 and I accepted

allowed

Under the new law there is no cap, and a factor that in 2018 could have exceeded the 72-hour limit is now allowed. The condition is that the factor was communicated to you in advance, clearly, and that the final price results from the formula you were shown.

The surge factor only appeared on the invoice, after the trip

not allowed

Article 15(5) only allows surge pricing if the weighting factors are communicated to the user in advance. A factor revealed only at the end does not meet this condition. You have grounds to complain.

I accepted a fixed price of 14 euros, sat in traffic for an hour and was charged 19

not allowed

The accepted fixed price is the price to be charged, regardless of the time taken (article 15(6)). The difference is not owed.

Frequently asked questions

Is there a maximum limit on TVDE surge pricing in 2026?

There is no numerical limit. The 2018 law prevented surge pricing from exceeding the amount resulting from a 100% markup on the average price charged by the operator over the previous 72 hours. The new wording of article 15(5) dropped that cap. In exchange, surge pricing can only be applied according to the calculation formula and weighting factors communicated to the passenger in advance.

Is the platform still required to give a price estimate?

Paragraph (b) of article 15(4), which required a price estimate for the trip, was repealed. However, the obligation to show the itemised calculation formula before and during the trip remains, as does the duty to show the trip price and the elements of the formula under article 19(1)(b), and the obligation to offer a fixed price for any route.

If I accept the fixed price, can I be charged more at the end?

No. Under article 15(6), the predetermined fixed price, once accepted, is the price to be charged at the end of the service, regardless of the distance travelled or the time taken. Charging a different amount is charging a price in breach of article 15, an offence under article 25(2)(t).

Can surge pricing be higher for someone who requests a car adapted for reduced mobility?

No. Article 6(4) provides that the way the price is calculated for passengers with reduced mobility is exactly the same as for the service without that request. This was already in the 2018 law and has not changed.

Where do I complain if I think surge pricing was applied incorrectly?

The platform must have an electronic complaints button, visible on the main page, that leads to the Electronic Complaints Book, and it must provide information on alternative dispute resolution (article 19(2)). After a complaint, the platform manager must investigate and, if necessary, correct the cause, and keep a record for at least two years.