(1) A payee must not charge a payer any fee in respect of payment by means of -

(a) a payment instrument which -

(i) is a card-based payment instrument as defined in Article 2(20) of Regulation (EU) 2015/751 of the European Parliament and of the Council of 29th April 2015 on interchange fees for card-based payment transactions [OJ L 123, 19.5.2015, p.1.]; and

(ii) is not a commercial card as defined in Article 2(6) of that Regulation; or

(b) a payment instrument which -

(i) is not a card-based payment instrument as defined in Article 2(20) of that Regulation; and

(ii) would not fall within the definition of commercial card at Article 2(6) of that Regulation if, in that definition, the reference to any card-based payment instrument were to any payment instrument and the reference to such cards were to such payment instruments; or