(1) Where a payment transaction is initiated by the payer, the latter may demand from their payment service provider, in the event of the non-execution or of the incorrect execution of the payment order, that the payment amount be refunded promptly and without deduction. If the amount was debited from a payment account of the payer, this payment account is to be restored to the balance which it would have had without the incorrectly executed payment transaction. Where a payment transaction is initiated by the payer via a payment initiation service provider, the obligations under sentences 1 and 2 are incumbent on the account servicing payment service provider. Insofar as charges were deducted from the payment amount contrary to section 675q (1), the payer’s payment service provider is to transfer the deducted amount to the payee without undue delay. If the payer’s payment service provider proves that the payment amount was received without deductions by the payee’s payment service provider, the liability under this subsection ceases to be given.
(2) Where a payment transaction is initiated by or through the payee, the latter may demand from their payment service provider, in the event of the non-execution or of the incorrect execution of the payment order, that this payment order be transferred without undue delay, where necessary once again, to the payer’s payment service provider. If the payee’s payment service provider proves that they have met the obligations incumbent on them in implementing the payment transaction, the payer’s payment service provider is to refund to the payer, as the case may be without undue delay, the payment amount without deductions in accordance with subsection (1) sentences 1 and 2. Insofar as charges were deducted from the payment amount contrary to section 675q subsections (1) and (2), the payee’s payment service provider is to make available the deducted amount to the payee without undue delay.
(3) Where a payment transaction is initiated by the payer, the payer may demand, in the case of their payment order being executed late, that their payment service provider raise the claim pursuant to sentence 2 against the payee’s payment service provider. The payer’s payment service provider may demand of the payee’s payment service provider that the payment amount be credited to the payee’s payment account as if the payment transaction had been duly and properly executed. Where a payment transaction is initiated by the payer via a payment initiation service provider, the obligation under sentence 1 is incumbent on the account servicing payment service provider. Where the payer’s payment service provider proves that the payment amount was received in due time by the payee’s payment service provider, the liability under this subsection ceases to be given.
(4) Where a payment transaction is initiated by or via the payee, the payee may demand, in the event of the payment order being transmitted late, that their payment service provider credit the payment amount to the payee’s payment account as if the payment transaction had been executed properly. Where the payee’s payment service provider proves that they have transmitted the payment order in due time to the payer’s payment service provider, the payer’s payment service provider is under obligation to refund to the payer, as the case may be without undue delay, the payment amount without any deductions in accordance with subsection (1) sentences 1 and 2. This does not apply if the payer’s payment service provider proves that the payment amount was merely received late by the payee’s payment service provider. In such event, the payee’s payment service provider is under obligation to credit the payment amount to the payee’s payment account in accordance with sentence 1.
(5) Claims of the payment service user against their payment service provider under subsection (1) sentences 1 and 2 as well as under subsection (2) sentence 2 are deemed not to exist insofar as the payment order was implemented in accordance with the incorrect unique identifier stated by the payment service user. In this case, the payer may however demand from their payment service provider that the latter does their utmost to recover the payment amount. The payee’s payment service provider is under obligation to provide to the payer’s payment service provider all information that is required in order to recover the payment amount. Where it is impossible to recover the payment amount pursuant to sentences 2 and 3, the payer’s payment service provider is under obligation to provide to the payer, at the latter’s written application, all available information necessary to enable the payer to assert a claim to reimbursement of the payment amount. The payment service provider may agree on a charge with the payment service user in the framework contract on payment services for activities pursuant to sentences 2 to 4.
(6) A payment service user may demand from their payment service provider, over and above the claims under subsections (1) and (2), that the charges and interest be refunded to them which the payment service provider invoiced to them in connection with the non-execution or incorrect execution of the payment transaction or which the payment service provider debited from their payment account.
(7) If a payment order was not executed, or if it was executed incorrectly, the payment service provider of the payment service user who initiated a payment transaction, or through whom a payment transaction was initiated, is to subsequently trace, at the request of their payment service user, the payment transaction and inform their payment service user of the outcome.
(8) Where a case governed by section 675d subsection (6) sentence 1 no. 1 (b) is given, section 675y subsection (1) to (4) is not to be applied to the components of a payment transaction that are effected within the European Economic Area.