GENERAL TERMS AND CONDITIONS OF CONTRACT FOR RETAIL AND CORPORATE BANKCARDS

Transcription

1 GENERAL TERMS AND CONDITIONS OF CONTRACT FOR RETAIL AND CORPORATE BANKCARDS

2 TABLE OF CONTENTS Tartalom GENERAL TERMS AND CONDITIONS OF CONTRACT FOR RETAIL AND CORPORATE BANKCARDS GENERAL PROVISIONS SCOPE OF GTCC MODIFICATION OF GTCC DEFINITIONS BANKCARD APPLICATION AVAILABLE BANKCARDS APPLICATION SUBMISSION WITHDRAWING APPLICATIONS DATA VERIFICATION APPLICATION CONSIDERATION ISSUING THE BANKCARD CARD PRODUCTION DELIVERY AND RECEIPT OF THE BANKCARD DATA ON THE BANKCARD REQUIRED BALANCE VALIDITY PERIOD AND RENEWAL OF BANKCARDS PIN ACTIVATING THE BANKCARD HOW TO USE THE BANKCARD PURCHASES CASH WITHDRAWAL CASH WITHDRAWAL ON POS TERMINAL APPROVING PAYMENT OPERATIONS IRREVOCABILITY OF PAYMENT ORDERS LIMITS OF USE REFUSING ACCEPTANCE PERSONALISED AND LIMITED USE THE ACCOUNT HOLDER'S RIGHT TO CORRECTION THE ACCOUNT HOLDER'S RIGHT TO REIMBURSEMENT AVAILABLE ACCOUNT BALANCE REPRODUCING BANKCARDS AND/OR GENERATING NEW PIN, PRODUCING REPLACEMENT BANKCARDS BLOCKING A BANKCARD BLOCKING BANKCARDS BLOCKING THE BANKCARD BY THE BANK: BLOCKING THE BANKCARD BY THE CUSTOMER: RECORDING, KEEPING AND CERTIFYING BLOCKING LIABILITY IN CASE OF BLOCKING FEES, COSTS, INTERESTS, EXCHANGE RATES CALCULATING FEES, COSTS, INTERESTS EXCHANGE RATES /28

3 7.3. MODIFICATION OF FEES, COSTS, INTERESTS COMPLAINTS MAKING A COMPLAINT COMPLAINTS PROCEDURE TERMINATION OF BANKCARD CONTRACT MISCELLANEOUS PROVISIONS PROVIDING INFORMATION, LIAISON SUPPLEMENTARY SERVICES BANK SECRETS CLOSING PROVISIONS EFFECTIVE DATE PUBLICATION OF THE GTCC /28

4 1. General Provisions 1.1. Scope of GTCC Retail and Corporate Bankcards GTCC As of 31 March 2011, FHB Bank Zrt. and Allianz Bank Zrt. merged under Licence No EN-I-18/2011 of the HFSA. FHB Bank Zrt. is the general legal successor of Allianz Bank Zrt. The following General Terms and Conditions of Contract comprise on a consolidated basis all the provisions governing bankcard services, the rules which governed the portfolio contracted by Allianz Bank Zrt. (registered office: 1139 Budapest, Váci út 81. company number: ) (hereinafter: Legal Predecessor) was merged with FHB Bank Zrt, as well as those definitions that the Legal Predecessor used with identical contents but under a different term. These General Terms and Conditions of Contract (hereinafter: GTCC) regulate in detail the terms and conditions of the bankcards and/or bankcard services linked to bank accounts and issued by FHB Bank Zrt. (number and date of operating license: E-I-1005/ november 23.) and by the above-named Legal Predecessor (FHB Bank Zrt and Legal Predecessor hereinafter jointly: Bank). The scope of the GTCC extends over the legal relationship (bankcard-based relationship) regulated in the GTCC, its subjects, FHB Bank Zrt as the issuer of the bankcard (hereinafter: the Bank) as well as the Customers applying for the bankcard (Card Applicant) or holding the bankcard (Cardholder). The General Terms and Conditions of Contract on Retail and Cash Accounts, these GTCC, the Business Regulations of Financial Services Business Line (hereinafter: Business Regulations), the Announcement and the Bankcard Contract referring to the particular service jointly form the basis of the legal relationship between the Bank and the Customer. Where these GTCC mention a Contract unless otherwise required by the context it means all the rules and regulations enlisted herein. In matters not covered by these GTCC and specific Bankcard Contracts concluded between the Bank and the Customer, the following shall apply: the Business Regulations of the Bank, regarding the General Terms and Conditions of Contract for Retail and Cash, Act IV of 1959 on the Civil Code regarding contracts concluded before , and Act V of 2013 (hereinafter: Ptk), Act CCXXXVII of 2013 on Credit Institutions and Financial Enterprises (hereinafter: Hpt), legal regulations on payment services such as Act LXXXV of 2009 on the Regulation of Payment Services and Decree No. 18/2009 (6 August) MNB of the Governor of the Hungarian Central Bank and the provisions of other relevant and effective legal regulations regarding contracts concluded after The Customer of the Bank accepts these GTCC by signing the Application Form/ Contract when entering into business relationship with the Bank, and these documents form a part of the Contract the Customer is delivered by the Bank together with the Announcement. In case of new Customers, the GTCC becomes effective when the Contract is signed by the Bank and the Customer. The Bank makes the GTCC public and accessible to its Customers on its website and its branches where they may be viewed and studied non-stop and/or during the official business hours, respectively. These GTCC shall be applicable to the business relationship established with the Customer even if the GTCC are not acknowledged by the Customer in writing but the Customer accepts the GTCC by his/her establishment of the business relationship with the Bank and the Customer s implicit behaviour. Bankcard-based relationship is established if the Account Holder/Cardholder concludes the Bankcard contract during his/her application for the bankcard, the Bank accepts and signs his/her card application in a corporate manner. Beforehand, the Bank may only exercise the rights defined for card application against the Applicant Modification of GTCC The Bank notifies its Customers of any modification concerning the Bankcard Contract and/or the GTCC attached as well as the Announcement in the following manners: posting it in branches, simultaneously publishing it on the website, 4/28

5 Retail and Corporate Bankcards GTCC by mail, if modifications are unfavourable to Customers except if the Customer requested his/her account statement to be downloadable only via FHB service; in which case by a sent to the Letterbox function of FHB NetB@nk homepage meeting the deadlines below: two months before the modification takes effect, the latest, in case of unilateral modifications unfavourable to Customers and affecting contractual provisions, on the banking day preceding the day when the modification takes effect, the latest, in case of unilateral modifications which are not unfavourable to Customers. Unless it is proven otherwise mail sent to the Customer's name shall be deemed to have been received on the fifth calendar day in case of a domestic mailing address, on the fifteenth calendar day in case of a foreign address inside Europe, and on the twentieth calendar day in case of a foreign address outside Europe. Unless the Customer indicates in writing until the workday preceding the effective date the latest that s/he has objections concerning the modification, the modifications of contractual conditions are deemed to be accepted by the Parties and these modified GTCC shall be governing for Contracts existing between the Bank and its Customers as of the effective date of the modification. In case the Customer does not accept the modified GTCC, s/he is entitled to terminate the contract with immediate effect. In case any provision of the GTCC, effective when and after the Bankcard Contract is concluded, is contrary to the Bankcard Contract signed by both the Bank and the Customer, the provisions of the Bankcard Contract shall apply. Modified legal provision affecting the provisions of the GTCC and binding for credit institutions as well as new and/or modified legal provisions affect the legal relationship of the parties, and become part of the GTCC without their separate modification, if any Definitions ATM: Automated Teller Machine which requires the Card-holder to possess a Bankcard and its PIN. The machine may be used to make cash withdrawals and to use other services offered by the operator of the ATM (e.g. check account balance and change PIN). Bank: FHB Bank Zrt. (seat: 1082 Budapest, Üllői út 48., company number: Metropolitan Court Cg ) and/ or any of its organizational unit. Bankcard: a cash-substitute payment instrument with which the Customer may dispose over his/her bank account (on which the Bankcard is based) claim against the Bank usually by using a personal identification code or other identification number. Terminating Bankcard Use: In addition to blocking bankcards, by the termination of the Bankcard Contract upon the initiation of either Party and in any other manner defined in these GTCC and/or at the request of the Account Holder or Cardholder during the validity period of the bankcard. Bankcard Contract/ Bankcard Master Agreement: Contractual legal relationship established between the Bank and its Customer for the access to and use of specific Bankcards; its inseparable parts are the General Terms and Conditions of Contract for Retail and Financial Bank Accounts, the General Terms and Conditions of Contract of Retail and Corporate Bankcards, the Retail Bank Account Announcement and the Cash Account Announcement. Bank Account: the Customer's Payment Account held in Hungarian forint or foreign currency in accordance with the legal regulations on payment services, on which account transactions may be conducted and on which the Bank pays interest calculated on the basis of the daily closing balance (includes retail accounts and cash accounts). Transaction Receipt: The document issued to the Cardholder at the points of sale, certifying that the Transaction has been conducted. Authorised Representative: Natural person(s) authorised to conclude contracts with the Bank on behalf of the Account Holder, who is (are) entitled to represent the Account Holder in line with the memorandum/ articles of associa- 5/28

6 tion/ statutes and/or decision made by the registration court/ court/ authorities on the registration of the Account Holder, and whose appointment/ election is confirmed in the manner defined in relevant legal regulations/ banking procedures. The Authorised Representative is entitled to open bank accounts, report persons entitled to dispose over bank accounts and request bankcards issued to the bank accounts. Fees: All costs, fees and commissions charged by the Bank for Account Management and offering related payment services. Embossed Cards: Banks cards that may be used not only in an electronic environment and where the data appearing on the bank card are embossed on the plastic surface. Points of Sale: All places (ATM, credit institution branch, commercial POS, post office) where the Bankcard may be used to make cash withdrawals or pay for products and/or services, indicated by the logo of the Bank or international card companies (e.g. Visa, MasterCard). Security Code (CVC2/CVV2): The last three digits of the sequence printed on the signature panel on the bank of certain bankcards, and this code must be provided when shopping online, via telephone or by mail order. Authorisation: Message forwarded to the POS by the Bankcard issuer and/or its service provider at the request of the person accepting the Card, and this message authorises the Transaction. the amount of authorised Transaction is reserved or immediately debited to the bank account. During this procedure the validity of the Bankcard, the existence of Bankcard-coverage, the Transaction number and the limits of cash withdrawal/ purchase are checked. Value Date: the Banking Day on which the Bank settles the Transaction and which it considers in its interest calculations. Due date: the date/period defined in the Announcement for the payment of fees, costs and commissions. Available Balance: the Balance available to the Cardholder on the bank account of the Bankcard, in a given time, including the amount of the credit line in case of overdraft facilities. Payment Order: instruction given by the Cardholder to the Bank to perform a payment operation debiting the Bank Account. Payment Operation: payment operations include shopping and cash withdrawal by Bankcard in case of Bankcards, including the term Transaction used for the same cases by the Legal Predecessor. Primary Card: the card issued for the Account Holder in case of Retail Accounts, and the card issued first in case of joint accounts held under two names. Correction: The Customer's right to initiate that his/her Bank Account be restored to the state it had been before the instruction was received in case of a payment transaction approved by the Customer but incorrectly executed by the Bank or an unapproved transaction executed without authorisation. Announcement: Cash Account Announcements and/or Retail Account Announcement, including the term 'List of Conditions' used by the Legal Predecessor. Online Shopping: paying by bank card online for a product or service Authorisation: the declaration, legal action, implicit behaviour of the Payer by which s/he authorizes the Bank to execute payment orders made by the Payer him-/herself, by the Beneficiary or initiated through the Beneficiary, debited to the Payer's bank account. Certain payment methods and/or payment orders may differ depending on their places of submission. Logo: emblem at places accepting bankcards and/or symbolising bankcard-related services, which indicates and guarantees the Cardholder that his/her Bankcard is accepted at POS with the logo displayed on the Bankcard. Announcement: Announcement in line with the Business Regulations of the Issuer containing the conditions of interest, costs, fees and other terms of services regulated in these GTCC. Imprinter (manual card reader): Mechanical card reader used in shopping by embossed Bankcards exclusively. The receipt of the purchase made is issued manually. 6/28

7 Card holder: The natural person under whose name the Bankcard (Primary Card/ Additional Card/ Corporate Card) is issued by the Bank (i.e. whose name is indicated on the Bankcard) and who is provided with the Card. Card Applicant: In case of Retail Customers: The natural person with a retail bank account, who submitted his/her formal card application to the Bank for himself/herself or the person intended to be authorised to dispose over his/her bank account. In case of Corporate Customers: the Account Holder/ Authorised Representative entitled to dispose over the cash account. Card Renewal (Card Change): Bankcard issued to replace an expiring Bankcard before its expiration date. Card Replacement: a bankcard issued with a new card number and a new PIN code if the card has been blocked due to having been stolen or lost or for other reasons. New Card Production: a bankcard reproduced with the same data as those on the original card, to replace a damaged, broken or unusable card. Persons with limited capacity: Minors between ages 14 and 18 who are not incapable. The consent or subsequent approval of the legal representative is required to validate the declaration of a person with limited capacity unless an exception is allowed by legal regulations. When a minor with limited capacity becomes able to act, s/he himself/herself validates his/her pending legal declarations. MO/TO (Mail Order/Telephone Order) Purchases: Paying for a product or service by bankcard during mail or telephone order. International Card Company: an international organization maintaining membership with the Bank to achieve the widest possible acceptance of the Bankcard by using its logo. PIN (Personal Identification Number): a confidential personal identification code known only to the Cardholder, and this code must be provided at cash withdrawals from ATM and at each purchase and cash withdrawal made via POS terminals. Generating new PIN: generating new PIN for the same Bankcard. POS Terminals: Electronic terminals used for cashless payment at the places where the Bankcard is used. During the electronic payment the terminal forwards data on the magnetic stripe of the Bankcard and related to the Transaction to the Accepting Bank. POS Terminals may also have separate PIN pads that must be used in line with the guidelines of the POS: Account Statement: A document containing data on Bank Account turnover, issued by the Bank, displaying all data required to identify each banking operation. Account-holder: The natural person and/or legal person economic organization, sole traders, other bodies or organizations who possess a retail or cash account (hereinafter jointly: Bank Account) held with the Bank, and governed by the General Terms and Conditions of Contract on Retail and Cash Accounts of the Bank. Additional Card: Not the first Bankcard issued for the natural person designated by and upon the responsibility of the Account Holder with a Retail Account and/or with a joint bank account. Additional Card Holder: the person entitled to dispose over the Retail Account via the Bankcard, with the consent and limitations of the Account Holder. Limit on the Number of Transactions: The number of Transactions that may be conducted by one Bankcard via ATM and POS on one day (hereinafter jointly: Transactions); this number is defined by the Bank and its Customers are informed via Announcements. The limit on the number of Transactions defined by the Bank may be modified at the Account Holder's request, in line with the Announcement. Customer: The natural person and/or the legal person economic organization, sole traders, other bodies or organizations using the financial services of the Bank. The Account Holder and Card Holder in legal relationships governed by these GTCC. Corporate Bankcard: bankcard that may be requested for cash accounts Limits of Purchase and Cash Withdrawal (POS/ ATM limit): Amount limit up to which the Card Holder may conduct Transactions via ATM and POS on one given day as allowed by the available balance of the bank account. 7/28

8 The limit defined by the Bank in the Announcement may be modified at the Account Holder's request, pursuant to the conditions defined in the Announcement. Engraved card: Banks cards that may be used not only in an electronic environment and where the data appearing on the bank card are engraved. 2. Bankcard Application At the request/ with the consent of the Account Holder/ Card Holder, the Bank issues a cash-substitute payment instrument whose owner may conduct payment operations debiting the belonging Bank Account as allowed by the available balance and its credit line, if any. Payment operations launched by a Bankcard and their requirements are included in these GTCC while their terms and conditions are included in the Announcement. For using the Bankcard the Parties conclude a Bankcard Contract which does not contain any provisions regarding the Bank Account belonging to the Bankcard; all requirements regarding the payment operations debiting the Bank Account are included in the Bank Account Contract Available Bankcards Various types of Bankcards may be applied for one bank account and Bankcards of the same type may be applied for more than one Card Holder. One Card Holder may apply only one Bankcard of the same type to be issued for one bank account. The Announcement defines the type and number of Bankcards that may be issued for specific bank accounts. The holder of a retail account may apply for a Primary Card for himself/herself, and/or Additional Cards for appointed adult natural persons with legal capacity and for minors between the ages of 14 and 18, with limited capacity. Neither Primary, nor Additional Cards may be applied for persons with limited capacity for reasons other than their age or for incapable persons, or persons who cannot/are unable to read and/or write. The Account Holder may apply for an Additional Card of the same of lower level than the Primary Card, and s/he shall assume unlimited liability for Transactions completed by the Additional Card Holder. The holder of the Additional Cars is not entitled to apply for a bankcard without the authorisation of the Account Holder. Additional Cards may be applied for if the Primary Card has already been applied for the Account Holder, or simultaneously. In case of joint bank accounts held under two names, the types of cards applied for the Account Holder are optional irrespective of the order of their application. The entitled Authorised Representative(s) of the Account Holder may apply for Corporate Bankcards. The Bank does not examine whether the persons appointed by the Authorised Representative are entitled to dispose over the Bank Account and thus assumes no responsibility for the lack of such entitlement. In case the Corporate Bankcard is applied for a person jointly entitled to dispose over the Cash Account, the Bank regards use by this Cardholder as the joint disposal of persons authorised by the Account Holder, and not the Bank but the Account Holder assumes responsibility for any damage or loss resulting thereof. In case of corporate bank accounts, the types of cards applied for are optional irrespective of the order of their application Application Submission The Issuer accepts bankcard application from the Account Holder/ Authorised Representative of the Account Holder who is a natural person, who has retail and/or cash account held with the Bank or intends to open one at the Bank, 8/28

9 Retail and Corporate Bankcards GTCC complies with the requirements defined in these GTCC and the GTCC on Retail and Cash Accounts, as well as in the prevailing Retail and/or Cash Account Announcement(s). The legal representative must sign the Bankcard Contract if the bankcard is applied for a minor Customer with limited capacity or even for his/her own account. Bankcard application may be lodged by the Customer signing the Bankcard Contract and personally submitting it to the Bank. If the Bank allows a different application method, this is published in its prevailing Announcement. The Bank may also accept applications submitted via an Electronic channel in case certain requirements are fulfilled. The submission of the Bankcard Contract filled out and signed by the Customer to the Bank and/or application submitted via an Electronic Channel (application) does not impose any obligation to contract on the Bank. By concluding the Bankcard Contract the Customer accepts the provisions of these GTCC Withdrawing Applications The Customer may withdraw his/her card application any time until the Bankcard Contract is signed by the Bank; however, s/he must cover all costs that have been incurred at the Bank related to the card application until the withdrawal Data Verification After submitting the card application, the Bank is entitled to check all the data provided by the applicant and to initiate their correction or modification, if necessary Application Consideration The Bank informs the Account Holder orally or in writing of the acceptance or rejection of the submitted card application. The Bank reserves the right to accept or reject the Account Holder's card application based on its individual decisions. The Bank is not required to provide the cause for rejecting the card application. In case the Bankcard application is approved, the Bankcard Contract is valid for an indefinite period and takes effect on the day when signed by both Parties. In the case of a Bankcard Contract initiated via TeleBank, if the Customer uses his/her right to cancel in a written statement sent to the registered office of the bank within 14 days of receiving the contract, the bank will cancel the service. 3. Issuing the Bankcard 3.1. Card Production If the Customer meets the requirements defined in the Announcement, the Bankcard Contract and the GTCC, the Bank has the Bankcard produced within fifteen (15) banking days from the day the Bankcard Contract takes effect. 9/28

10 3.2. Delivery and Receipt of the Bankcard Retail and Corporate Bankcards GTCC The Cardholder may indicate in the Bankcard Contract if s/he intends to receive the Bankcard by mail to his/her delivery address or personally in the branch of his/her choice. In the event of postal delivery the Bank sends the inactive Bankcard in a non-registered mail to the delivery address provided by the Cardholder, separately from the PIN belonging to the card. The delivery address may not be a P.O. Box address. The Bank delivers the Primary Card to the Primary Cardholder exclusively, the Additional Card to the Additional Cardholder exclusively, the Corporate Bankcard to the delivery address indicated in the Bankcard Contract also giving the Cardholder's name as the addressee. The Cardholder is responsible for updating the delivery address and the Bank assumes no responsibility for any damage or loss resulting from reporting the change of address. If at the application the Cardholder indicated an FHB branch as the place to receive the card, the manufactured Bankcard is delivered to the branch selected by the Cardholder in an inactive status, and the Bank shall charge a delivery charge defined in the prevailing Announcement. In the event of receipt in branch, only the Cardholder may be delivered the Bankcard and the PIN. Following the reception of the Bankcard, the Cardholder must check the data on the Card and place his/her signature on the signature panel at the back of the Bankcard. In case the data on the personalised Bankcard differ, the Bank must be informed immediately. The Bank assumes no responsibility for any damage or loss resulting from the failure to inform the Bank of incorrect data and/or to affix the signature, or to place a signature different from the signature on the Bankcard Contract. Following the receipt of the Bankcard, the Cardholder shall be responsible for the intended use of the Bankcard. In case of cards requested to be delivered by post, the Customer must report if his/her Bankcard and/or the envelope containing the PIN has not been delivered within 30 days from its application; or until the last day of the month indicated as the expiry date on the front side of the Bankcard, in the event of card renewal. In case the Customer fails to fulfil his/her reporting obligation, the Bank shall bear no responsibility for any damage or loss resulting thereof. If the Bankcard/PIN delivered by mail is returned to the Bank, or in case of Bankcards to be received in branches the Customer does not turn up within ninety (90) calendar days from the date of effect of the Bank's notification, the Bank is entitled to charge a fee for the custody of the Bankcard within the confines of the account package defined in the Announcement and debit this fee to the Account Holder's bank account and destroy the Bankcard after the 90th ninetieth day Data on the Bankcard The following are displayed on the front side of the Bankcard: the name of the Bank, the logos of the Bank and the International Card Company, the chip in the case of chip cards, a hologram (depending on the type of the Bankcard) and other security features, the Cardholder's name (identical with the Customer's name in his/her personal identification document, but if the name is longer than 24 characters, the reasonably shortened name shall be displayed which is sufficient to identify the Cardholder beyond doubt, together with the identification document), the number and expiry date of the Bankcard, and in case of Corporate Bankcards, the abbreviated name of the Account Holder (in maximum 24 characters). The following are displayed on the back side of the Bankcard: magnetic stripe, signature panel, Call Center (Tele- Bank) telephone number, and the logo of the organisation providing bankcard-related service Required Balance The Bank requires a minimum balance for issuing certain Bankcards; related terms and conditions are included in the prevailing Announcement. 10/28

11 3.5. Validity Period and Renewal of Bankcards Bankcards are issued by the Bank with a validity period displayed on the card. The expiry date of the Bankcard is displayed on the front side of the Bankcard in month/ year order. The Bankcard is valid until 24:00 on the last day of the last month of the validity period. The validity periods of Corporate Bankcards are independent from each other, and the expiry date of the Additional Card issued to retail bank account is also independent from the expiry date of the Primary Card, but when the Bankcard Contract is terminated, the Additional Card also expires. Joint bank accounts held under two names are an exception to the above rule, because Bankcards are issued to both Account Holders, and irrespective of the expiry of the Primary Card issued to one Account Holder, the Additional Card issued to the other Account Holder may remain valid. If the Account Holder terminates any of the Bankcard Contracts concluded for Corporate Customers, the Bankcard issued under the Contract becomes invalid at the time of the termination. Unless otherwise required in writing by the Account Holder or the Cardholder by submitting an official form to the Bank 60 days prior to the expiry date of the Bankcard, the Bank has a new Bankcard produced to replace the expiring Bankcard with an active status, and the new Bankcard is sent to the address provided by the Cardholder or, upon request, is forwarded to the designated branch, by charging the fee defined in the prevailing Announcement. The PIN of the renewed Bankcard is identical with the PIN of the expired Bankcard if the type of the renewed bankcard remains the same. If the Cardholder does not activate the bank card within 60 days prior to its expiry date, the Bank will not renew the card. If, after the expiry of the Bankcard, the Cardholder notifies the bank, via FHB TeleBank or in any FHB Bank Branch, of his/her intention to use the Bankcard, the Bank will make priority arrangements in order to provide the card. The Bankcard provided will be considered as a renewed Bankcard also in this case. The Bank does not charge an annual fee until this notice and the annual fee is settled after the production of the card following the notification, from the date when the new card becomes valid. The cancellation of the renewal of the Bankcard does not mean the cancellation of the Bankcard Contract. The Cardholder must return expired Bankcards to any branch of the Bank and invalidate or destroy the Bankcard either by punching or cutting the magnetic stripe. The Bank shall not assume liability for any damage or loss resulting from the failure to return or damage the Bankcard or related thereof. The Cardholder may ask for the early renewal of the Bankcard no earlier than 2 months prior to its date of expiry (if e.g. the Cardholder leaves for abroad for a long time and will not stay in Hungary when the Bankcard expires). The bank does not examine the reason for the request of the early renewal. Upon receipt of the new Bankcard, the Cardholder is obliged to act in line with the previous paragraph PIN The Bank makes a so-called personal identification number, PIN, available to the Cardholder and this PIN is sent as non-registered mail to the delivery address provided, following the mailing of the Bankcard. The Customer may request the PIN delivered to any branch for a fee charged by the Bank in line with the prevailing Announcement. The PIN to the Bankcard is manufactured without human intervention; therefore, before opening the envelope containing the PIN nobody has ever seen the number. The Cardholder is responsible for keeping and using the PIN safe. In case the person entitled to use the Bankcard does not keep the PIN confidential or does not manage the number with due care, if it is displayed on the Bankcard or any other object held together with the Bankcard, or makes it available to an unauthorised third person in any other manner attributable to him/her, the Bank assumes no responsibility or any damage or loss resulting from thereof with regard to the fact that these acts/ failures to act qualify as the Cardholder's gross negligence and the Account Holder shall be liable for all damage and loss resulting thereof. 11/28

12 Activating the Bankcard Retail and Corporate Bankcards GTCC The Bankcard sent/delivered inactive (unsuitable for use) may be activated by the Cardholder via TeleBank by calling the telephone number ( ) provided by the Bank. Cardholders with no access to TeleBank may activate the Bankcard produced for him/her via TeleBank only after strict identification. The Bankcard becomes suitable for use only following the activation. In case the Cardholder has access to active FHB service, the Bankcard may also be activated in the appropriate menu item of FHB after proper identification. Activation is also possible by entering the correct PIN for the first time at any ATM at cash-withdrawal Transaction or in the menu item designated for bankcard activation at the own ATMs of the Bank. 4. How to Use the Bankcard Cardholders may withdraw cash in Hungary or abroad from any ATM displaying the logo of the International Card Company, in any branch of other payment service providers, post offices and/or when shopping. Information and possible limitations related to Bankcard use and their rate are included in the relevant Announcement of the Bank. The Cardholder is entitled to use the Bankcard every day of the week, 24 hours a day, and/or the authorisations requested for Card Transactions may also be forwarded non-stop. In Hungary Cardholders may contact any branch of the Bank during their opening hours or access TeleBank every day of the week 24 hours every day for requesting information or assistance or making complaints related to Bankcard services, from the day the Bankcard Contract takes effect: by calling from Hungary and by calling from abroad. The Bankcard is used, its Transactions are settled and complaints, if any, made are handled in line with the terms and conditions defined by the International Card Company concerned and the bank of the POS and/or the Bank. Cardholder with Corporate Bankcards/ who are not Account Holders may not independently make legal declarations affecting the Bankcard Contract concluded with the Account Holder. Only the Account Holder/Authorised Representative is entitled to define and modify the permissions related to Corporate Bankcards. The Account Holder is responsible for providing sufficient coverage for Transactions made by Bankcards and for the settlement of fees related to such Transactions. The Account Holder shall be responsible for Transactions made by the holder of Corporate Bankcards and related fees Purchases By using the Bankcard, the Cardholder may pay for products and services via POS and/or pay for orders made online, by post or mail. The Cardholder acknowledges that online shopping and services may be used at his/her own discretion and based on his/her own risk assessment. The Bank warns the Cardholder that during online Transactions unauthorised third persons may have access to Bankcard-related data of the Cardholder that may be used or handled causing damage to the Cardholder. The Cardholder may launch and complete Transactions with his/her Bankcard up to the Available Balance on the given day but maximum to the purchase limit (POS limit) set for the Bankcard. The Point of Sale issues a receipt of the payment by Bankcard, and this receipt contains the amount paid, the place and time of the purchase, and Bankcard data. The Cardholder must check the data on the receipt and, if necessary, sign the receipt similarly to the signature on the Bankcard, and his/her signature certifies the purchase. The Cardholder receives and must keep one 12/28

13 copy of the Receipt and in case of complaints, if any, this copy must be attached to the complaint submitted to the Bank. The bank may restrict permission for transactions related to certain points of sale, due to suspected misuse or on the basis of information it has obtained which reasonably indicate that the point of sale is unsafe. The Bank assumes no responsibility for any claims and liabilities resulting from legal acts based on Bankcard use between the Cardholder and the POS. The Bank accepts no liability for services and products paid for by Bankcard. The Bank does not participate in any legal dispute related to commercial transactions between the POS and the Cardholder but at the Parties' request, provides the necessary information related to the legal dispute, by keeping bank secrets Cash Withdrawal Cash may be withdrawn from automated teller machines displaying the logo of the International Card Company on the Bankcard by the joint use of the Bankcard and its PIN up to the maximum daily cash withdrawal limit (ATM limit) and up to the number of Transactions, but only up to the balance of the bank account. The maximum amount of cash to be withdrawn from ATM and the frequency of cash withdrawal may be limited by the operator of the ATM, as well. The Bank assumes no responsibility for the limitations, if any, of specific POSs. The Cardholder receives a receipt of the performance of the cash withdrawal, and s/he must check and retain this receipt before the deadline for possible complaints The ATM may swallow the Bankcard if the PIN is entered incorrectly several times during one day. Bankcards swallowed by other banks will be forwarded to the issuing bank invalidated. Bankcards issued by the Bank and swallowed by its own ATMs may be returned to their holders at the Cardholder's request received by the Bank within 3 working days from the day the Bankcard was swallowed; otherwise, the Bank invalidates the card. The Bank retains the Bankcard intended to be received for 30 days following the notification on the possible receipt; Bankcards not claimed after this period will be destroyed. The Bank acknowledges no liability for any damage or loss resulting from the failure to claim or the destruction of the Bankcard. The Bank s shall be responsible for: the failure to withdraw cash with the Bankcard, or its incorrect performance/ completion even if the operation was attempted at a device (terminal) or equipment that is not under the direct or exclusive control of the Bank, except if the operation was attempted at a device (terminal) or equipment whose use is not authorised by the issuer. according to and to the extent of the provisions of the Regulation on Payment Services, operations not based on the Customer's instructions except if these occur due to the Customer's intentional or grossly negligent behaviour or the damage or loss is the result of the Customer's fraudulent conduct or failure to comply with his /her reporting obligations. The details of the rules on responsibility are included in points and Cash Withdrawal on POS Terminal Cash may also be withdrawn by Bankcard via POS terminals in post offices or branches. In addition to cash withdrawal, the Cardholder may have access to other services (e.g. cash cheques, play lottery at post offices) depending on the Points of Sale for a fee/commission defined in the Announcement. The Cardholder may launch and complete Transactions with his/her Bankcard up to the Available Balance on the given day but maximum to the purchase limit (POS limit) set for the Bankcard. 13/28

14 The Point of Sale issues a receipt of the Bankcard Transaction and this receipt contains the amount of the Transaction, the place and time of the purchase, and Bankcard data. The Cardholder must check the data on the Receipt and, if necessary, sign the receipt and submit it in case of complaints, if any Approving Payment Operations The Bank performs payment operations initiated by Bankcard only if approved by the Cardholder. Transactions initiated by the Cardholder qualifies as approved if: the correct PIN is entered when using an ATM the correct PIN is entered and the amount is confirmed when using a POS terminal and/or the issued Receipt is signed by the Cardholder the bankcard data, especially the CVC2/CVV2 code, are entered in case of transactions made online/mo/to/ other manner or in another manner not defined above In case of payment operations whose amount the Cardholder did not know at the time of performance, the payment operation qualifies as approved by the Cardholder if the Cardholder does not request the Bank to correct the operation within 30 calendar days from the last day of the reference month including the day (displayed on the account statement) when the account statement containing the specific payment operation was made. If the Account Holder applies for a Corporate Bankcard, by signing the Bankcard Contract prepared for a different name than his/her own, s/he approves all future Card Transactions debiting the Bank Account concerned Irrevocability of Payment Orders Payment orders given by using the Bankcard are irrevocable except if the amount is defined at the same time when the instruction and/or payment order is made. However, payment orders are also irrevocable when the method of defining the payable amount is known when the instruction is given but the full amount of the transaction may not be defined in advance (e.g. paying for accommodation, renting a car, etc.) including payment orders when, as the payment order is given, the Cardholder authorises the entity accepting the Bankcard to charge supplementary costs subsequently. The sum of the transactions made with the Bank Card and sent to the Bank for approval reduce the available balance of the Bank Account from the time of the transaction, while non-approvable transactions reduce the available balance of the Bank Account when the transaction is settled. Transaction amounts are transferred without delay to the entities accepting the Bankcard based on the settlement of the International Card Company Limits of Use Relevant Announcements contain the limits on the number and amount of daily Transactions by Bankcard (hereinafter jointly: default limit) and the maximum limit that may not be crossed (hereinafter jointly: maximum limit). The default limit defined in the Announcement shall be set at Card application. Account Holders / Authorised Representatives may modify the daily ATM and POS cash withdrawal and purchase limits as well as the limit of Transactions in terms of Bankcards of all their own bank accounts; such modification may be made in any branch in writing, via TeleBank by Account Holders / Authorised Representatives with access to TeleBank service, and via FHB NetB@nk service in its appropriate menu item by Account Holders/ Authorised Representatives with access to FHB NetB@nk service. Limit modification made via TeleBank takes effect immediately and it remains valid until the Account Holder provides otherwise. Limit modification introduced in branches or via FHB NetB@nk becomes effective on the second banking day of the day the modification was made, from 0:00 o'clock. In case the Customer opts for the default limit of the Bank when s/he concludes the Bankcard Contract and the Bank changes the amount/number of default limits, the Cardholder's limit will change to the new default limit defined in the Announcement from the day the modification becomes effective. 14/28

15 If the limit settings of the Cardholder do not meet the requirements defined in the Announcement, the Bank refuses to modify the limit. The Account Holder acknowledges that in case his/her defined limit exceeds the maximum limit determined in the Announcement, s/he shall assume full liability for any damage or loss resulting from such modification of the limit Refusing Acceptance The Point of Sale may refuse to accept Bankcards if: the user of the Bankcard differs from the person named on the Bankcard the signature panel on the Bankcard is empty or the signature on the Bankcard does not match the signature on the Receipt the Bankcard has expired the Bankcard is damaged or is visibly altered in any way, the card numbers on the Receipt and the front of the Bankcard are different the Bankcard is on a blacklist the Point of Sale gets a negative answer when requesting permission; or the Cardholder does not verify his/her identity at the request of the Point of Sale, the Bankcard is not active (blocked or still inactive). In case the Point of Sale suspects misuse, it may refuse to accepts the Bankcard as instructed by its clearing bank (accepting bank) and may retain the Bankcard Personalised and Limited Use The Bankcard made available to the Cardholder is the possession of the Bank. The Bankcard may exclusively be used by the Cardholder named on the Card; it may not be assigned to another person, its use may be allowed to other persons, and it may not be pledged or deposited as collateral. The Cardholder acknowledges that in exceptional cases (system development or maintenance) the Bank may limit the use of Bankcards. The Bank informs its Customers of the time of such limitations, in advance if possible, in its branches or via a popup notification online The Account Holder's Right to Correction The Bank is responsible for completing unapproved payment orders and/or completing approved payment orders incorrectly. In such cases the Account Holder is entitled to the right of correction, and s/he may exercise this right for 30 days following the last day of the reference month (inclusive) when the notification on the payment operation (Receipt) was made or when the Account Statement containing or not containing (in case of non-completion) the specific payment operation was made, the latest. The Account Holder may submit his/her claim to the Bank in writing or via TeleBank together with his/her evidence. Provided that the Bank accepts the Account-holder's demand, immediate measures are taken to credit the amount and the missing interest after the decision is made. In case of an unapproved payment order, if the damage or loss results from the unauthorised use of the Bankcard, the Account Holder shall be liable for the damage or loss suffered prior to his/her reporting, to a maximum amount of HUF 45,000. The Bank shall assume liability for any damage or loss resulting from the unauthorised use of the Bankcard after the Reporting is made. Additional Cardholders/ Corporate Cardholders may exercise their right to correction via the Account Holder. The right to revoke payment transactions, if any, only prevails in terms of instructions given by him-/herself. 15/28

16 The Account Holder is exempted from his/her liability of HUF 45,000 if the damage or loss was made by using his/her Bankcard but not using its PIN during the operation or if the damage or loss is caused by his/her failure to fulfil the reporting obligation for reasons within the control of the Bank. The Bank is exempted fromliability if it proves that the damage or loss was caused by the Customer's fraudulent activity or the Customer intentional or grossly negligent violation of the rules on the use of the Bankcard, on the preservation of ID codes and/or reporting obligations. Section 6.4 of the GTCC describe cases of intentional or grossly negligent and/or fraudulent conduct The Account Holder's Right to Reimbursement The Account Holder is only entitled to the reimbursement right under this section if s/he could not have known the amount of the Payment Operation at the time it was conducted The Bank pays back the paying Account Holder the amount of the payment operation initiated by or via the beneficiary by the paying Cardholder, if: a) at the time of the approval the paying Cardholder did not know the amount of the payment operation, b) the amount of the payment operation was more than the amount reasonably expected from the paying Cardholder under the given circumstances, and c) the paying Cardholder proves the Bank beyond doubt that the circumstances defined in points a) and b) existed The paying Cardholder is not entitled to the reimbursement defined in this section if s/he gave the approval referring to the payment operation directly to the Bank and the Bank fulfilled its obligation to provide information twenty-eight days before the due date of the payment, in line with its obligation to provide prior information pursuant to Act LXXXV of 2009 on the Regulation of Payment Services. The Cardholder may not use the above point b) as reference related to the conversion between currencies if the conversion was made by applying the conversion rate published by the Bank The paying Cardholder may submit his/her written reimbursement request (defined in this section) to the Bank for fifty-six days from the debit day, on the official form of the Bank and by attaching the following original documents or their copies attested by a public notary: a) the Cardholder's written complaint related to the transaction defined in the reimbursement claim, submitted to the beneficiary and the complaint must contain the detailed and factual grounds for the complaint, and the certificate proving the posting or other delivery of the complaint to the beneficiary, b) the Cardholder's written declaration issued to authorise the Bank to contact the beneficiary in order to verify the reimbursement claim, to request data and information on the service used by the Cardholder, on the legal relationship, if any, between the beneficiary and the Cardholder, and on the claim validated in the disputed transaction; moreover, to authorise the beneficiary to make these data and information available to the Bank, c) the Cardholder's written justification stating that the payment operation exceeded the amount that could be reasonably expected from him/her, together with the documents and instruments supporting the statements in the justification; In case the Cardholder does not or does not fully make the above-listed documents available to the Bank, the Cardholder is requested by the Bank to provide the missing documents without delay before the 56-day deadline. If not all the required documents are submitted to the Bank within fifty-six days of the day when the objected debit was made, the Bank rejects the Customer's reimbursement claim without substantive examination. Depending on the circumstances of the case, the Bank is entitled to request the Cardholder to submit additional documents or evidence in addition to the documents defined in points (a)-(d) above so that the Bank could credibly verify that the reimbursement requirements are fulfilled The Bank reserves the right to initiate a consultation with the beneficiary on the Cardholder's reimbursement claim and on whether the transaction in the complaint was justified. In case the beneficiary credibly verifies the Bank that the collection was legitimate, the Bank rejects the Customer's reimbursement claim The Bank examines reimbursement claims received in writing before the deadline and verified by adequate document-based evidence within ten working days, and reimburses the amount of the payment operation to the pay- 16/28

17 ing Cardholder or rejects the claim with giving cause and providing information on forums for out-of-court dispute settlement, if any If the Bank accepts the Cardholder's reimbursement claim and repays the amount of the objected transaction, but later on, during the consultation with the beneficiary the objected transaction is justified, the Cardholder is obliged to repay the Bank the amount that had been reimbursed by the Bank The Bank does not pay any reimbursement to the Cardholder if the seat of the beneficiary's payment service provider is not located in an EEA state Available Account Balance The Bank informs its retail customers in its account balance issued monthly or issued with the frequency defined by the Account Holder in the bank account contract of corporate customers of the following: Transactions made by the Bankcard, related fees, commissions and costs, account balance available on the day the account statement was issued. The Bank makes sure that the Customer is informed of his/her current account balance in addition to the prevailing account statements before giving a payment order. The Bank provides information to its Customer on his/her current account balance, upon request, in its NetB@nk system and/or TeleBank service as well as its own ATM by selecting the appropriate option Reproducing Bankcards and/or Generating New PIN, Producing Replacement Bankcards The card must be blocked immediately in the following cases: if the card is lost (including events when the card is lost during postal delivery) or stolen, if the card is swallowed by an ATM of another bank or seller for entering incorrect PIN more times than allowed or due to the failure of the ATM of another bank. Account Holders/ Authorised Representatives may request the production of a replacement bankcard instead of the blocked bankcard. If the Bankcard is blocked and swallowed by an ATM of another bank, or seller for entering incorrect PIN more times than allowed or due to the failure of the ATM of another bank, or the Cardholder can prove that the data of his/her Card have been obtained fraudulently by a third party, the Bank credits the fee charged for blocking to the Bank Account of the Bankcard. Reproduction of the Bankcard may be requested by Account Holders/ Authorised Representatives in the following cases: if the Bankcard is damaged or has become unusable, if the name on the Bankcard has changed. In the event of reproduction the old Bankcard must be returned when the application is submitted, otherwise only a replacement card may be applied for, which requires blocking the Card. Generating new PIN may be requested by Account Holders/ Authorised Representatives in the following cases: if the Cardholder has forgotten his/her PIN, if the Cardholder has not been delivered his/her PIN by mail. The Bank charges a fee for the reproduction of a new Bankcard/ generating a new PIN, in line with the prevailing Announcement, except in the following cases: if the Bankcard/ PIN has been sent by post but has not been received by the Cardholder and if s/he reports this within 30 days after applying for the card, or, if the Card is renewed, until the last day of the month of expiry of the expiring Card, the Bank does not charge the fee defined in the Announcement, for the generation of the new PIN and/or replacement of the Card one time. Re-delivery in such cases may only be made in the branch designated by the Customer, where takeover is free of charge. (If the Account Holder/ Authorised Representative requests postal delivery for the second time, as well, the Bank will charge the card replacement fee and/or PIN regeneration fee defined in the prevailing Announcement.) 17/28

18 Retail and Corporate Bankcards GTCC reproduction of the Bankcard is free of charge if the previous card has become unusable for reasons outside the Customer's control, If there are fewer than 60 days until the expiry date of the Bankcard when Bankcard reproduction or a replacement card is applied for, the new Bankcard will be issued with a new expiry date. 5. Blocking a Bankcard Blocking (suspending) a Bankcard means the temporary suspension of bankcard use in order to prevent misuse of the Bankcard, in case of suspected fraud or unauthorised use, and blocking may be followed by unblocking or blocking, terminating the Bankcard. Blocked Bankcards may not be renewed. Only the Bank may request blocking the Bankcard and only the Bank is authorised to unblock, release the Bankcard. Following release, the Bankcard may be used again. The Bank may block the Customer's Bankcard if the misuse of the Primary or the Additional Bankcard is suspected, and in case of detecting misuse, the Card suspected to be involved in the misuse will be blocked. The Bank assumes no responsibility for any damage or loss resulting from blocking. 6. Blocking Bankcards Bankcards are blocked to prevent their future use and avoid their possible misuse. The status of blocked Bankcards may not be altered; their blocking is final and irrevocable, and the Bankcard may not be used in the future as its validity expires when blocked, and blocked Bankcards may not be renewed. The Bank or Cardholder may request blocking Blocking the Bankcard by the Bank: The Bank may block the Bankcard before its expiry date and in the cases defined in these GTCC. The Bank is entitled to block the Bankcard: if the Bankcard Contract is terminated by the Bank, if the Bank learns that the Bankcard got lost or stolen, and/or suspects misuse and the Bankcard has not been blocked, in case of doubt concerning identity or permission during Bankcard use in Points of Sale, if the Bankcard Contract is terminated by the Customer and the Bankcard is not blocked at the termination. if the bank account on which the Bank Card is based is terminated by the Bank with immediate effect. The Bank may debit the bank account with the blocking fee defined in the prevailing Announcement. The Bank may also block or disable the Bankcard if there is a credit-line to the Bank Account with the Bankcard and the Bank is of the view that there is an increasing risk that the Account Holder cannot fulfil his/her payment obligations towards the Bank. In case of blocking the Bankcard the Bank will inform the Cardholder of the blocking and its reasons when the blocking takes place but no later than immediately after the blocking. The Bank does not provide any information to the Cardholder if it jeopardizes the operational safety of the Bank or this is precluded by law. If the cause for blocking ceases, the Bank, depending on the reason for the blocking, will either unblock the Bankcard without delay or issue a new Bankcard to the Cardholder, and related costs are only borne by the Bank if the blocking was made for reasons within the control of the Bank and unduly. 18/28

19 6.2. Blocking the Bankcard by the Customer: The Cardholder is obliged to report (via his/her agent in case of his/her being hindered) immediately if the following are observed: the Bankcard is no longer in his/her possession, is lost or stolen, an unauthorised third person became aware of the PIN of the Bankcard or the data on the Bankcard (card number, expiry date, security code) and the Cardholder cannot find the Bankcard, an unauthorised person initiated a payment Transaction by the Bankcard, unauthorised or unapproved card operation is detected on the Bank Account. The Bankcard must be blocked in the above cases. For blocking the Bankcard the Bank charges the fee defined in the Announcement. If the blocked Bankcard is found, it may not be used but must be returned to the Bank or must be destroyed except if the Bankcard was lost, stolen or mugged. The Account Holder shall be responsible for all damage or loss resulting from failure to fulfil the above. A replacement card may be applied for instead of the blocked Bankcard. Bankcards may be blocked: personally in any branch of the Bank during opening hours, or via TeleBank (from Hungary: , from abroad ), or via NetB@nk. Bankcards may be blocked via NetB@nk by Customers with NetB@nk access to the bank account of the Bankcard. Bankcards may also be blocked via TeleBank every day non-stop if the Cardholder does not have access to TeleBank service. In order to avoid misuse, non-account Holder customers are also entitled to request blocking any card of the bank account. Third persons may also request blocking the card, in addition to the Cardholder. T/he reporting party must provide the Cardholder's data (minimum his/her name, place and date of birth, mother's name), card data (minimum its type: Bankcard or Credit Card), and his/her own personal data (minimum his/her name and telephone number). In terms of the time of reporting the blocking of the card, the time registered by the Bank shall apply. Taking into account that no extensive checking of competence and personal identity is possible when blocking is made by phone, the Bank shall not be responsible for the consequences of blocking made by phone by an unauthorised person, and if the lack of competence of the person requesting the block could not be established beyond doubt due to the fact that the request was made by phone despite the use of all devices available for identity check. In this case the Cardholder shall be liable for all damage or loss resulting from the unauthorised block. Following the receipt/ registration of the blocking the Bank does not perform any payment operations, and takes all reasonably expected measures to prevent further use of the Bankcard even if the Cardholder violated the provisions in the Bankcard Contract during his/her use and keeping of the Bankcard. The Bank is liable for the damage or loss resulting from its failure to take measures. The Bank blocks the card immediately after the report is made. The Bank may regard the blocking request invalid if the Bankcard, the Bank Account, and the reporting party cannot be identified from the report, or if reporting circumstances and contents suggest that the reporting is not real. The Bank assumes no responsibility for legal consequences, damage or loss resulting from the invalidity of blocking requests. The Cardholder is obliged to report an offence without delay if the Bankcard/ PIN was stolen or used by unauthorised persons or in a fraudulent manner Recording, Keeping and Certifying Blocking The Bank registers blocking the Bankcard and retains the register for 18 months. 19/28

20 The Bank makes a voice recording of reports made via TeleBank and retains the recordings for 18 months. Upon request of the Account Holder/ Cardholder, the Bank issues a single certificate (free of charge) including the content, time and date of the report. The Bank issues the above certificate concerning reports made within one year, within fifteen (15) working days and for reports older than one year, within thirty (30) working days from the date of request Liability in case of Blocking The Bank assumes liability for damage or loss resulting from the situation when the Cardholder or reporting party is unable to fulfil his/her reporting obligation for technical reasons within the control of the Bank. The Cardholder is responsible for any damage or loss resulting from the unauthorised use of stolen or lost Bankcards until the time the blocking request is received, and the Bank assumes liability for damage or loss following the time of reporting. The Bank is exempted from its liability if it proves that the Account Holder/ Cardholder caused the damage or loss by his/her fraudulent or intentional or grossly negligent conduct. The Cardholder shall bear responsibility up to HUF 45,000 for damage or loss in terms of payment operations unapproved by the Cardholder, made by Bankcards no longer in the Cardholder's possession or stolen Bankcards, or resulting from the unauthorised use of the Bankcard, until the time reporting is made by the Cardholder. The Cardholder is exempted from liability if the misuse has taken place without the physical presence of the Bankcard or without its electronic identification, or in case s/he could not fulfil his/her reporting obligation for reasons attributable to the Bank. The Bank is responsible to performing operations not based on the Cardholder's instructions and/or without his/her approval. The following cases expressly but not exclusively qualify as intentional, grossly negligent conduct and/or contract breach excluding the Cardholder's exemption and provide grounds for the Bank's exemption: the Cardholder fails to block the Bankcard after s/he realizes that the Bankcard is lost or stolen, the Bankcard is blocked late, an unauthorised person has become aware of or was entrusted with the PIN of the Bankcard, stored in an unsuitable location, the Bankcard is kept together with its PIN, the Bankcard is not used properly, the Bank is not informed immediately if an unauthorised operation is detected on the Account Statement or in the SMS on the Transaction, the Bank is not informed without delay if an unauthorised person has accessed the data of the Bankcard, any obligation, imposed by these GTCC and/or the concluded Bankcard Contract, is ignored or violated, cash withdrawal is made by entering the correct PIN. Prevailing legal regulations on payment services Act LXXXV of 2009 when these GTCC take effect shall apply to the responsibility of the Customer and the Bank and to liability rules. 7. Fees, Costs, Interests, Exchange Rates 7.1. Calculating Fees, Costs, Interests The Bank is entitled to charge interest, fees and costs for Bankcard-services provided to the Cardholder, and at their due date automatically debit them to the bank account for the Bankcard. By signing the Bankcard Contract the Account Holder consents that the Bank debits his/her bank account with the amount of Transactions (cash withdrawals, 20/28