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Conditions Cheque and Cash Card Accounts - Danske Bank

Conditions Cheque and Cash Card Accounts - Danske Bank

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<strong>Danske</strong> <strong>Bank</strong> A/S. CVR-nr. 61 12 62 28 - København(7) Notwithst<strong>and</strong>ing the provisions of (2)–(6)hereof, the payer's provider is liable for anyunauthorised use after the provider was notifiedthat the payment instrument had been lost, thatthe personalised security feature had come tothe knowledge of an unauthorised person, or thatthe payer required the payment instrument to beblocked for any other reason.(8) Notwithst<strong>and</strong>ing the provisions of (2)–(6)hereof, the payer’s provider is liable for anyunauthorised use if the provider did not provideappropriate means, cf. section 60(1)(ii).(9) Moreover, notwithst<strong>and</strong>ing the provisionsof (2)–(6) hereof, the payer’s provider is liable ifthe payee knew or ought to know that the use ofthe payment instrument was unauthorised.(10) It may be agreed that (1)–(6) hereof shallnot apply to micro-payment instruments usedanonymously, or where the nature of the micropaymentinstrument makes the payer’s providerunable to prove that the payment transactionwas authorised. It may furthermore be agreedthat (7) <strong>and</strong> (8) hereof shall not apply to micropaymentinstruments where the nature of thepayment instrument makes it impossible to blockits use.(11) The provisions of (1)–(6) hereof apply toe-money except where the payer’s provider ofe-money is unable to block the payment accountor the payment instrument.63. Contestations concerning unauthorised orincorrectly executed payment transactions mustbe received by the provider as soon as possible<strong>and</strong> not later than 13 months after the debit dateof the relevant payment transaction.Contestations from the payee must be receivedwithin 13 months of the credit date. Where theprovider has not provided information or madeinformation available under Part 5, the deadlineis calculated from the date on which the providerprovided information or made informationavailable.64.–(1) The provider has the burden of proofwith respect to a payment transaction beingaccurately recorded <strong>and</strong> entered in the accounts<strong>and</strong> not affected by a technical breakdown orsome other deficiency. In connection with the useof a payment instrument, the providerfurthermore has to prove that the paymentinstrument’s personalised security feature wasused in connection with the payment transaction.The recorded use of a payment instrument is notin itself proof that the payer authorised thetransaction, that the payer acted fraudulently orfailed to fulfil his obligations, cf. section 59.(2) It may be agreed that (1) hereof shall notapply to micro-payment instruments usedanonymously, or where the nature of the paymentinstrument makes the provider unable to provethat the payment transaction was authorised.<strong>Conditions</strong> for cheque <strong>and</strong> cash card accounts Page 8 of 8 <strong>Danske</strong> <strong>Bank</strong>, Holmens Kanal 2-12, DK-1092 København KTel. +45 33 44 00 00, Fax +45 70 12 10 80

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