(1) Where payment services are provided, payment service providers are to provide information to the payment service users on the circumstances laid down in Article 248 sections 1 to 12, section 13 (1) and (3) to (5), and sections 14 to 16 of the Introductory Act to the Civil Code (Einführungsgesetz zum Bürgerlichen Gesetzbuche) in the form provided for therein.
(2) Payment initiation service providers are to provide information to the payers exclusively on the circumstances determined in Article 248 section 13 (1) to (3) and section 13a of the Introductory Act to the Civil Code in the form provided for in Article 248 sections 2 and 12 of the Introductory Act to the Civil Code. Account information service providers are to provide information to the payment service users in accordance with the requirements set out in Article 248 sections 4 and 13 (1) and (3) of the Introductory Act to the Civil Code; they may agree the form of the information and the time at which it is provided with the payment service user.
(3) If the proper information is the subject of dispute, the burden of proof is incumbent on the payment service provider.
(4) For the provision of information, the payment service provider may only agree on a charge with the payment service user if the information is provided when requested by the payment service user, and the payment service provider
1. provides this information more frequently than stipulated in Article 248 sections 1 to 16 of the Introductory Act to the Civil Code,
2. provides information that extends beyond what has been stipulated in Article 248 sections 1 to 16 of the Introductory Act to the Civil Code, or
3. provides this information by other means of communication than those agreed in the framework contract on payment services.
The charge must be appropriate and in line with the payment service provider’s actual costs.
(5) Payees, parties providing cash withdrawal services, and third parties provide information on the circumstances specified in Article 248 sections 17 to 18 of the Introductory Act to the Civil Code. The payer is obliged to pay the charges set out in Article 248 section 17 (2) and section (18) of the Introductory Act to the Civil Code only if they were made known in their full amount prior to the payment transaction being initiated.
(6) Subsections (1) to (5) are not to be applied
1. to the components of a payment transaction that are effected outside of the European Economic Area if
a) the payment transaction is made in the currency of a state outside of the European Economic Area and both the payment service provider of the payer and the payment service provider of the payee are located within the European Economic Area, or if,
b) in the case of several payment service providers being involved with the payment transaction, at least one of these payment service providers is located within the European Economic Area and at least one of them is located outside of the European Economic Area;
2. to payment transactions in which none of the payment service providers involved is located within the European Economic Area.
In the cases governed by sentence 1 no. 1, the obligations to provide information in accordance with Article 248 section 4 (1) no. 2 letter (e), section 6 no. 1 as well as section 13 (1) sentence 1 no. 2 of the Introductory Act to the Civil Code also are not to be applied to the components of a payment transaction that are effected within the European Economic Area. The same applies in the case governed by sentence 1 no. 1 (b) as concerns the obligation to provide information under Article 248 section 4 (1) no. 5 (g) of the Introductory Act to the Civil Code.