Common use of Cardholder’s Liability Clause in Contracts

Cardholder’s Liability. 6.1. Except in cases of contributory negligence on the part of card complete (see 6.2.2. and 6.3.), the Cardholder is liable for losses resulting from the unauthorised use of a lost or stolen Card or fraudulent use/misappropriation of a Card: 6.1.1. if caused by minor negligence on the part of the Cardholder, up to a maximum amount of EUR 50.– 6.1.2. if caused by gross or wilful negligence or fraudulent collusion on the part of the Card- holder, up to the amount of the actual loss. In this context, a breach of the Cardholder’s duty of care may be understood as a violation of the conditions for issuance and use of the Card. 6.2. The Cardholder is not liable for losses under 6.1.1. if 6.2.1. the loss, theft or misappropriation of the Card was not detectable to the Cardholder prior to the payment (except where the Cardholder has acted fraudulently) or 6.2.2. the loss was caused by acts or lack of action of an employee, agent or contractor (outsourced activity) of card complete. 6.3. Notwithstanding the provisions of Item 6.1., the Cardholder is not liable for losses if card complete failed to require strong customer authentication (SCA) for the payment transaction (see Item 3.4.), unless the Cardholder has acted with fraudulent intent. 6.4. As soon as card complete has received notice of the loss, theft, fraud or otherwise unauthorised use of the Card (or as soon as card complete blocks the Card of its own accord), the Cardholder is released from all liability for any losses incurred thereafter, unless the Cardholder has acted with fraudulent intent. 6.5. The Cardholder is not liable for losses described in Item 6.1. if card complete fails to allow or accept immediate notification of loss, theft, fraud or otherwise unauthorised use of the Card or if card complete fails to prevent further use of the Card after receiving such notification. This does not apply, however, if the Cardholder has acted with fraudulent intent. 6.6. Any division of liability between card complete and the Cardholder will take into account the type or quality of personalised security features used as well as the circumstances under which the loss, theft or fraudulent use occurred. This does not apply if the Cardholder caused the loss through wilful breach of his/her duty of card or through fraudulent intent. 6.7. Items 6.2. and 6.3. and the limitation of liability under 6.1.1. do not apply to card contracts concluded with enterprises as defined in Art. 1 of the Consumer Protection Act.

Cardholder’s Liability. 6.1. Except in cases of contributory negligence on the part of card complete (see 6.2.2. and 6.3.), the Cardholder is liable for losses resulting from the unauthorised use of a lost or stolen Card or fraudulent use/misappropriation of a Card: 6.1.1. if caused by minor negligence on the part of the Cardholder, up to a maximum amount of EUR 50.– 6.1.2. if caused by gross or wilful negligence or fraudulent collusion on the part of the Card- holder, up to the amount of the actual loss. In this context, a breach of the Cardholder’s duty of care may be understood as a violation of the conditions for issuance and use of the Card. 6.2. The Cardholder is not liable for losses under 6.1.1. if 6.2.1. the loss, theft or misappropriation of the Card was not detectable to the Cardholder prior to the payment (except where the Cardholder has acted fraudulently) or 6.2.2. the loss was caused by acts or lack of action of an employee, agent or contractor (outsourced activity) of card complete. 6.3. Notwithstanding the provisions of Item 6.1., the Cardholder is not liable for losses if card complete failed to require strong customer authentication (SCA) for the payment transaction (see Item 3.4.), unless the Cardholder has acted with fraudulent intenttransaction. 6.4. As soon as card complete has received notice of the loss, theft, fraud or otherwise unauthorised use of the Card (or as soon as card complete blocks the Card of its own accord), the Cardholder is released from all liability for any losses incurred thereafter, unless the Cardholder has acted with fraudulent intent. 6.5. The Cardholder is not liable for losses described in Item 6.1. if card complete fails to allow or accept immediate notification of loss, theft, fraud or otherwise unauthorised use of the Card or if card complete fails to prevent further use of the Card after receiving such notification. 6.6. This The release of the Cardholder from liability described in Items 6.3., 6.4. and 6.5. does not apply, however, apply if the Cardholder has acted with fraudulent intent. 6.66.7. Any division of liability between card complete and the Cardholder will take into account the type or quality of personalised security features used as well as the circumstances under which the loss, theft or fraudulent use occurred. This does not apply if the Cardholder caused the loss through wilful breach of his/her duty of card or through fraudulent intent. 6.76.8. Items 6.2. and 6.3. and the limitation of liability under 6.1.1. do not apply to card contracts concluded with enterprises as defined in Art. 1 of the Consumer Protection Act.