Disclaimer for Payment Card Users

"The damage has not been replaced the woman at this time," recalls Frank-Christian Pauli, credit expert of the Verbraucherzentrale Bundesverband But the cabin allowed the hostess to not quit Start. Half an hour later, the payment card was used to withdraw the customer's money.

"The damage was not compensated for the woman at the time," recalls Frank-Christian Pauli, credit expert at the German Consumer Federation (vzbv). The court badumed that the PIN code had also been in the bag. The flight attendant in court failed to prove otherwise

The fact that customers, in such cases, maintain costs, is often repeated. "It's still the so-called prima facie case," says Pauli. The fundamental question is: did the customer carefully manage their credit card and the badociated PIN? Or was he grossly negligent?

Gross negligence is the industry, for example, if the PIN on the card was noted. Even if the PIN code has been stored with the card in the same place, this is considered a customer error. Even if the loss of the card has not been immediately reported to the bank or the acceptance of the centralized block, this is considered grossly negligent, explains the portal kartensicherheit.de in the perspective of the l & # 39; German banking industry (DK)

. Their stitches are diverse. "Some consumers, for example, are spied on when they pay with the card and enter their PIN," says Achim Tiffe, a lawyer from Hamburg. Sometimes the violence is simply used to capture the card and learn the victim's PIN.

But even if customers handle their cards and data with care, they can only do so in the event of damage. difficult to prove. The prima facie case usually speaks against them. If unauthorized funds have been removed from the account, the courts often do not respect the client's statement that the PIN and the card are separate from each other.

There are also liability issues if the customer does not immediately lose their card or abuse their bank. say. "It is only after notification that the client is protected and his joint liability limited to 50 euros," says Pauli. Another problem for damaged customers: Without legal protection insurance, it hardly pays to go to court.

Consumer advocates repeatedly criticize relevant judgments. "The badumption that the PIN code should be noted on the card in case of damage is now virtually out of the question," says Mathias Hufländer of the Bremen Consumer Center

Since January, the second PSD II directive on services is in force in Germany Customers from the point of view of consumer advocates have really improved. Indeed, Article 675 w of the Civil Code (BGB) now adds: "The payment service provider shall provide evidence of fraud, intent or gross negligence of the customer. payment service user. " But Pauli limits: "

Therefore, payment cards must always be kept as carefully as cash. It is important to have a regular look at the account. Anyone who discovers irregularities must immediately inform the bank.

Article 675 of the Civil Code (BGB)