(1) The payer is entitled vis-à-vis their payment service provider to claim refund of a debited payment amount, which debit is based on an authorised payment transaction initiated by or through the payee, if
1. the precise amount was not stated on the authorisation, and
2. the payment amount exceeds the amount that the payer could have anticipated in line with their previous expenditure conduct, the conditions of the framework contract on payment services, and the respective circumstances of the individual case; reasons connected with any currency exchange are not to be considered if the reference exchange rate agreed between the parties was used as a basis.
Where a payment amount has been debited to a payment account, the payment amount is to be credited back to this payment account such that the value date is no later than the business day on which the payment amount was debited. On request by their payment service provider, the payer is to provide evidence as to the prerequisites set out in sentence 1 numbers 1 and 2 having been met.
(2) Notwithstanding subsection (3), the payer is entitled to claim a refund from their payment service provider in the case of SEPA core direct debits and SEPA business-to-business direct debits, without needing to state reasons, also in those cases in which the prerequisites for a refund under subsection (1) are not met.
(3) The payer may agree with their payment service provider that they are not entitled to a refund in those cases in which they have granted consent to the execution of the payment transaction directly to their payment service provider and, where agreed, they were informed of the coming payment transaction at least four weeks prior to the due date by the payment service provider or by the payee.
(4) A claim to refund on the part of the payer is excluded if they fail to assert it vis-à-vis their payment service provider within eight weeks from the time at which the payment amount in question was debited.
(5) The payment service provider is obliged to either refund the full amount of the payment transaction or to inform the payer of the reasons for the refusal to provide a refund within 10 business days following receipt of a demand for refund. In the event of a refusal, the payment service provider is to indicate the options available for filing a complaint available under sections 60 to 62 of the Act on Supervision of Payment Services (Zahlungsdiensteaufsichtsgesetz) and the option to call on an arbitration agency under section 14 of the Injunctive Relief Act (Unterlassungsklagengesetz). The right of the payment service provider to refuse a refund claimed within the period of time under subsection (4) does not cover the case governed by subsection (2).
(6) If a case governed by section 675d (6) sentence 1 no. 1 (b) is given,
1. then section 675x (1) is not to be applied to the components of a payment transaction that are effected within the European Economic Area, and
2. section 675x subsections (2) to (5) may be deviated from as regards the components of a payment transaction that are effected within the European Economic Area.