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Book 2 · Law of obligations  ›  Subchapter 1 · Authorisation of payment transactions; payment instruments; refusal of access to the payment account › Section 675k

Restrictions on the use of a payment instrument; refusal of access to the payment account

(1) In cases in which consent is granted through a payment instrument, the payer and the payment service provider may agree maximum amounts for the use of this payment instrument.

(2) The payer and the payment service provider may agree that the payment service provider has the right to block a payment instrument if

1.  factual reasons in connection with the security of the payment instrument justify this,

2.  there is a suspicion of non-authorised or of fraudulent use of the payment instrument, or

3.  in case of a payment instrument granting credit, a considerably increased risk exists that the payer is unable to meet their obligation to pay.

In such cases the payment service provider is obliged to inform the payer of the blocking of the payment instrument, if possible before the payment instrument is blocked and at the latest immediately thereafter. The reasons for blocking the payment instrument are to be stated in the notification. It is not necessary to state reasons insofar as the payment service provider would breach statutory obligations thereby. The payment service provider is obliged to unblock the payment instrument or to replace it with a new payment instrument once the reasons for blocking it no longer exist. The payment service user is to be informed promptly of the fact of the payment instrument no longer being blocked.

(3) Where the account servicing payment service provider has refused access to the payment service user’s payment account to a payment initiation service provider or an account information service provider, the account servicing payment service provider is under obligation to inform the payment service user of the reasons therefor in a form to be agreed in the framework contract on payment services. The information must be provided if possible before, but at the latest promptly after access is refused. Stating the reasons for such refusal to grant access may be dispensed with should this mean that the account servicing payment service provider would breach statutory obligations.

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