Other claims in case of non-execution, defective or late execution of a payment order or in case of an unauthorised payment transaction

Sections 675u and 675y are final with regard to the claims of a payment service user provided for therein. The liability of a payment service provider towards their payment service user for a loss caused by non-execution or by the incorrect or late execution of a payment order which is not already covered by section 675y may be restricted to 12,500 euros; this does not apply to intent and gross negligence, to lost interest and to risks which the payment service provider separately has taken on. In this context, payment service providers are to assume as their own responsibility any responsibility that is attributed to an intermediary agency unless the main cause lies with an intermediary agency that the payment service user had stipulated. In cases governed by the exception made in sentence 3, the intermediary agency stipulated by the payment service user is liable in place of the payment service provider of the payment service user. Section 675y (5) sentence 1 is to be applied accordingly to the liability of a payment service provider under sentences 2 to 4. Where a case governed by section 675d (6) sentence 1 no. 1 (b) is given, section 675z sentence 3 is not to be applied to the components of a payment transaction that are effected within the European Economic Area.