General Terms and Conditions of Business for Diners Club Credit Cards of DC Bank AG
THESE GENERAL TERMS AND CONDITIONS OF BUSINESS (GTC) REGULATE THE CONTRACTUAL RELATIONSHIP BETWEEN US, DC BANK AG,
AND YOU AS THE HOLDERS OF THE CREDIT CARDS ISSUED BY US.
5.2 If requested by the partner company, you must present a photo
identification.
5.3 You are entitled to agree on a spending limit with us.
A – The Card
6. Use of the Card for Cash Withdrawals
6.1 You are entitled to withdraw cash from automatic teller machines by
using the card and the PIN, and/or from authorized cash dispensing
facilities by using the card and providing your signature. For this service
we charge a cash-withdrawal fee (Section 49) calculated on the basis of
the amount withdrawn.
6.2 The maximum amounts that may be withdrawn vary depending on
the country and/or operators of automatic teller machines and/or of cash
dispensing facilities.
6.3 If you are underage, cash withdrawals are limited to EUR 400.00 within
a period of seven days.
6.4 If you enter an incorrect PIN into an automatic teller machine three
times, the card may be retracted by the automatic teller machine for
security reasons.
1. Definitions
1.1 Following an order for a private primary card, we will issue a private
primary card which bears exclusively your name (holder of the private
primary card).
1.2 Following an order for an add-on card, we will issue to a private primary
card (add-on card holder) an add-on card which bears exclusively the name
of the holder of the add-on card.
1.3 Following an order for a company card, we will issue a company card
which bears your name as well as, if agreed upon in the master agreement
entered into with the company, also that of the company where the cardholder is employed (holder of a company card).
1.4 The term “card” as used in these GTC encompasses private primary
cards, add-on cards and company cards.
1.5 The term “cardholder” as used in these GTC refers to holders of a private
primary card, holders of an add-on card and holders of a company card.
1.6 The term “current transaction year” as used in these GTC defines the
year starting on 1 October and ending on 30 September of the following
calendar year.
2. Card Order
An order for a private primary card must be signed by the holder of a
private primary card. An order for an add-on card must be signed by the
holder of the private primary card and the holder of the add-on card.
Add-on cards for minors may only be issued with the permission of a
parent or legal guardian. An order for a company card must be signed by
the holder of the company card as well as by the authorized representative(s)
of the company filing the order.
3. Conclusion of Contract
3.1 We are under no obligation to accept an order or to give any reasons
for denying an order.
3.2 Delivery of the card to you will give rise to a contract with an unlimited
duration. You request us to deliver the card and the personal identification
number (PIN), which will be sent at a later time, by specifying in the card
order whether the card and the PIN are to be delivered to your personal
address or to your business address.
3.3 Consent given by you as the holder of a private primary card to the
issuance of an add-on card will authorize the holder of the add-on card to
request his/her own PIN.
3.4 With the written consent of the company, you are entitled, as the
holder of a company card, to apply for a PIN using the respective form
available from us.
3.5 You as the cardholder may at any time apply for a change of the PIN
by using a form available from us.
3.6 The provisions of these GTC apply to all persons who have signed the
card order.
3.7 The card which is delivered to you remains our property.
3.8 You are obliged to sign the card immediately after its delivery in the
relevant field in the same manner as on the card order.
4. Validity Period
The card is valid until the end of the month and year embossed on it. The card
will be replaced automatically in a timely manner before expiration of the
validity period indicated on the card unless it has been blocked or cancelled
or for other important reasons pursuant to Section 8.1 of these GTC.
5. Use of the Card for Purchasing Goods and Services
from Partner Companies
5.1 As the cardholder you are entitled to purchase goods and services
obtainable through ordinary business transactions from partner companies
in the Diners Club credit card organization throughout the world without
cash payment. This may be done by presenting the card and signing an
appropriate receipt or, if provided for by the partner company (e.g. mail,
telephone or Internet orders), by providing the card data without presenting the card or signing a receipt or, in the case of machines/card terminals
designated for such purpose, by inserting the card into the respective slot
and entering a PIN without signing a receipt. With an NFC-enabled card
you may make contactless mobile payments at Near Field Communication
(NFC) enabled terminals (designated for such purpose). Payment is effected
by merely holding the card close to the NFC-enabled terminal without
inserting it into a slot, without signing a receipt and without entering a PIN.
For security reasons you may be requested to enter a PIN or authorize the
transaction by signing a receipt.
7. Conditions for Using the Card
You are entitled to use the card only if
7.1 you are able to fulfil your payment obligations arising from the use of
the card pursuant to Section 19 of these GCT in a timely manner,
7.2 the card is valid,
7.3 you comply with the due diligence provisions provided for by these GTC
and 7.4 the contractual relationship is valid.
8. Blocking and Retraction of Cards
8.1 We are entitled to block a card if objective reasons justify this in
connection with the security of the card, or if there is suspicion of an
unauthorized or fraudulent use of the card. Our cards are “instruments of
payment with a credit line” within the meaning of the Austrian Payment
Services Act. Therefore, we are also authorized to block your card if there
is a significantly increased risk that you may not be able to meet your
payment obligations. We assume a significantly increased risk that you
may default in payment if, despite reminders, you have repeatedly fallen
into arrears with your payment of our claims or if insolvency proceedings
are instituted against your assets.
8.2 We are under the obligation to block a card immediately upon your
request. As soon as you obtain knowledge of any loss, theft, or abusive or
other unauthorized use of the card or of card data, you are obliged to
request that your card be blocked (Section 24).
8.3 The card will be blocked at no cost to you.
8.4 We are entitled to report the numbers of blocked cards to partner
companies.
8.5 We will inform you in writing about the blocking of your card, and also
about the reasons for blocking it, if possible before the card is blocked,
but no later than immediately after the card has been blocked. Such information will not be provided in the case of legal obstacles or if the card
was blocked at your request.
8.6 Provided that we have blocked the card, we will unblock it or replace
it with a new card when the reasons for blocking the card are no longer
applicable. If the card was blocked at your request, you may request that
the card be unblocked; such request may be made at any time after the
reason for blocking the card ceases to exist.
8.7 A card may be retracted following its blocking, after expiration of its
validity period or upon termination of the contract. In such cases all partner
companies are entitled to collect cards on our behalf.
B – The Payment Instruction
9. Payment Instruction
Through use of the card (Section 5/Section 6), you irrevocably instruct us
to pay the partner company the amount invoiced to you by the partner
company. We have acknowledged acceptance of these instructions by
the act of issuing the card.
10. Signature
The signature given when concluding the underlying transaction and/or
the signature on the receipt and/or the signature given at the cash dispensing facility must be identical with the signature on the card order and
on the back of the card.
C – The Underlying Transaction
11. Defaults in Performance of the Underlying Transaction
Defaults occurring in the course of the contractual relationship between
the partner company and you (underlying transaction) have no effect on
your performance obligations towards us for services rendered by us or
on the invoicing of such services (Section 19). Rather, you are obliged to
settle such claims and other complaints directly with the partner company.
In particular, we assume no liability for any charges resulting from a submission currency used by a partner company under these GTC.
12. Payment Instructions Without Specified Amount
You have a claim against us for refund of the entire amount of a payment
transaction carried out if no specific amount was indicated when authorizing the transaction and the amount charged exceeds the amount that
you could have reasonably expected in line with your previous spending
pattern and the respective circumstances of the individual case. Such
claim must be asserted within eight weeks after your card account was
charged or otherwise be forfeited. Upon our request, you must state the
reasons for requesting a refund in writing, without delay, but no later than
one business day before the end of our ten-day decision period after
assertion of the claim for refund. We will either refund the entire amount
or reject the order and give the reasons for such rejection within ten
business days after assertion of the claim for refund.
D – Settlement of Accounts
13. Card Account – Account Statement
13.1 We will maintain a card account for you. This account will be used to
settle your liabilities and to record your payments as well as credits arising
from the contractual relationship.
13.2 The settlement of all card purchases and of all charges to be paid by
you will be conducted in euros through monthly account statements that
contain a reference for each transaction to be settled, including the trans­
action date, the amount in euros, the date of receipt and, in case of
transactions in foreign currencies (Section 14), also the foreign currency
amount and the Diners Club exchange rate applied (Section 14.2).
13.3 The date of receipt of the payment instruction will be the time at
which your payment instruction was received by us.
14. Transactions in Foreign Currency
14.1 For credit card transactions in EUR conducted by you outside the
European Union as well as credit card transactions in a non-euro currency,
we are entitled to charge a processing fee pursuant to Section 49 of these
GTC, unless this currency is legally on an equal footing with the euro for
the purpose of international transactions.
14.2. If you, as the credit card holder, place an order in a non-euro currency,
your account will still be debited in euros. We will convert your trans­
actions in foreign currency by using the reference exchange rates provided
by Interactive Data Corporation located in London, Fitzroy House, 1317
Epworth Street, London Ec2A 4 DL. Interactive Data is an independent
business information service providing objective financial information.
The reference rates published by Interactive Data on a daily basis are made
up of various exchange rates calculated by banks in the forex market which
have a significant influence on international currency valuation. Among
these banks are ABN Amro, ANZ, Barclays Capital, HSBC, JPMorgan, Royal
Bank of Canada, Standard Chartered and UBS. These reference rates provided by Interactive Data are mean rates designating the average of the
buying and selling rates of the respective currency to be converted. The
buying rate charged to you (“Diners Club exchange rate”) is calculated as
the mean rate minus a disagio. For the amount of the disagios charged for
buying the respective foreign currency, please see Section 52.
14.3. The Diners Club exchange rate is published on our websites
www.dinersclub.at and www.dinersclub.de. The effective date for calcu­la­
tion is the date when the respective partner company submits your
trans­action in foreign currency to us. In the event that such date is a
Saturday, Sunday or a legal holiday, the claim will be deemed received
on the following bank working day. The same will apply in the event that
we receive the claim on a working day but after business hours (6:00 p.m.).
We will disclose the amount of the transaction in foreign currency,
the Diners Club exchange rate applied and the effective date of calcula­
tion on your account statement. You can also find the Diners Club exchange
rate applicable at the effective date of calculation on our websites
www.dinersclub.at and www.dinersclub.de and thus check whether your
account statements are correct.
14.4. In the event that Interactive Data ceases to publish reference rates,
the reference rates of an independent data issuer which come as close as
possible to the economic intent of the reference rates of Interactive Data
will be applicable.
15. Transactions Without Payment Instruction – Transactions Deviating
from the Payment Instruction
In the event of unauthorized payment transactions (transactions without
payment in­struction or transactions deviating from the payment instruction), we will immediately make a chargeback and reinstate the balance that
your account would have shown without the unauthorized transaction.
You are entitled to obtain a correction of such unauthorized transactions
if you inform us thereof immediately, and without undue delay, after
identi­fying an unauthorized transaction but no later than within 13 months
of the debiting of your account (obligation to file a complaint). In the case
of contractual relationships between an entrepreneur within the meaning
of Section 1 of the Austrian Consumer Protection Act and us, a period of
six months will apply instead of the 13-month period. Any periods relating
to a judicial enforcement will apply irrespective of such period. Any other
claims, e.g. claims for damages in the case of fault on our part, will not be
affected by the expiration of such period, either.
16. Account Balance
We recommend that you check every account statement as to its correctness. If you notice during this check that the transactions listed therein
are incorrect, you are obliged to contact us immediately after obtaining
knowledge thereof and notify us of any unautho­rized or incorrect charges
(Sections 12 and 15). In case of payment instructions without a specified
amount (Section 12), the period for lodging an objection is eight weeks;
in the case of transactions without payment instruction or deviating from
the payment instruction (Section 15) it is 13 months for consumers and six
months for entrepreneurs. Any other rectification claims will not be excluded
due to the non-observance of such periods. In the account statement, we
specifically inform you of these periods, the starting date of these periods
and the consequences of particular actions taken by you. If you are able
to furnish satisfactory proof to us immediately upon your return that you
were not present at the time of delivery of the invoice and for more than
10 days thereafter without interruption, the respective period will commence upon your return.
17. Annual Fee – Account Management Fee
17.1 The annual fee agreed upon with you will be charged once a year,
namely in the month in which the card was first issued and then, in sub­
sequent years, in the month following the month of its first issuance.
17.2 If you do not pay an annual fee on the basis of your card contract and
you have not used your card for any transactions in the current transaction
year (Section 1.6), an account management fee as specified in Section 49
will be invoiced after the end of the current transaction year. This does
not apply to add-on cards or secondary cards.
18. Requests for Receipts and Account Statements
Upon your request, we will transmit to you documents of partner com­
panies concerning a particular transaction (copies of receipts) and/or
account statements relating to previous invoicing periods. Unless these
documents are requested in connection with a justified complaint on your
part, a fee pursuant to Section 49 of these GTC will be charged.
19. Payment Obligation – Extension of Due Date for Payment
19.1 You hereby undertake to pay the outstanding balance (Section 16)
within the time period indicated in the account statement. Such period
will be between eight and 21 days, depending on the card type selected.
Such term of payment may be extended by ten days for each card upon
payment of an annual fee for an extended due date (Section 49). The
time period printed on the account statement will take into account any
extension of the due date for payment agreed upon.
19.2 We reserve the right, but are not obliged, to allow overruns up to a
maximum of 90% of the account balance (Section 16), at a borrowing rate
specified in Section 49 of these GTC, in excess of the payment period
indicated. Interest will begin to accrue from the day following the expiration of the time period allowed for payment as indicated in the respective
account statement. Interest is calculated for each day, capitalized and
charged each month at the date of the account statement for a period
commencing one day after the date of the previous account statement
and ending on the date of the subsequent account statement. Payments
made by you will always be credited towards the oldest debt.
19.3 If you fail to meet your payment obligations in time, the following
shall apply:
19.3.1 We are entitled to charge interest on arrears pursuant to Section 49.
Interest will begin to accrue from the day following the expiration of the
time period allowed for payment as indicated in the respective account
statement. Interest is calculated for each day, capitalized and charged each
month at the date of the account statement for a period commencing one
day after the date of the previous account statement and ending on the
date of the subsequent account statement. Payments made by you will
always be credited towards the oldest debt.
19.3.2 If bank debiting has been refused, return charges as defined in
Section 49 are invoiced in addition to any bank charges that may accrue.
19.3.3 We are entitled to enlist the collection services of a third party
authorized to perform such work and/or to retain a lawyer.
19.3.4 In the event of an undue delay in payment, we are entitled to reimbursement of our reminder charges incurred for each letter sent to you
pursuant to Section 49 of these GTC, as well as of our collection charges
and attorney fees necessary for reasonable collection activities and legal
action. The admissible amount of the collection charges results from the
maximum amounts set forth in Regulation Federal Law Gazette 1996/141
(as amended from time to time).
19.4 We will inform you without delay in the event that an overrun as
specified in Section 19.2 is not granted.
E – Due Diligence Obligations
20. Upon Receipt of the Card
20.1 We recommend that, immediately upon receipt of the card, you verify
your data on the card and notify us of any printing errors on it. If the name
of the cardholder is misprinted on the card, this will have no influence on
the contractual relationship between you and us.
20.2 You are obliged, immediately upon receipt of the card, to sign the
card in the relevant field in the same manner as on the card order.
21. No Transferability
The card is non-transferable and may therefore be used exclusively, without
exception, by the person designated on the card as the cardholder.
22. Safekeeping the Card
You are obliged to make every reasonable effort to keep your card in a safe
place in order to protect the card from unauthorized access by third parties.
23. Duty to Report Abusive or Unauthorized Use of the Card
Should you obtain knowledge of any abusive or unauthorized use of the
card or of card data, you are obliged to notify us immediately, e.g. by
calling our hotline at +43 1 50 135-135 or 136 (available around the clock).
24. Duty to Report Loss or Theft of Card
Should you obtain knowledge of any loss or theft of the card, you are obliged
to notify us immediately, e.g. by calling out hotline at +43 1 50 135-135 or
136 (available around the clock).
25. Your Obligations upon Receipt of the PIN
Upon receipt of the PIN, you have the following obligations:
25.1 You are obliged to keep the PIN secret and refrain from disclosing it
to any third party;
25.2 You are obliged to make every reasonable effort to protect the PIN
from unauthorized access by third parties. This means that you must
make all reasonable efforts to refrain from being careless in keeping the
PIN safe. Carelessness in keeping the PIN safe includes, without limitation,
allowing the possibility of an unauthorized third party’s gaining access to
the card and the PIN at the same time (e.g. because the PIN has been
written on the card) or storing the PIN in a place easily accessible to third
parties (e.g. at the cardholder’s place of work);
25.3 When using the PIN, you must to make every reasonable effort to
ensure that no third party is observing the transaction. It is reasonable to
expect that you will cover the keypad with one hand when entering the
PIN if you suspect you are being observed by an unauthorized third party.
25.4 You are obliged to apply for a new PIN and /or have us delete the PIN
without any delay if there is a justified suspicion that a third party has
learned your PIN.
26. Changes in Card Data
If you have entered into a continuing obligation, for example a subscription
agreement, paid by the card and concluded with a partner company of a
Diners Club credit card organization, you must notify the partner company
immediately of any change in the card number (replacement card) and
the expiration date of the card.
F – Liability
27. Your Liability
27.1 Up to our receipt of a blocking notice, you are liable for abusive credit
card trans­actions of
27.1.1 up to EUR 150.00 in the event of a violation of your due diligence
obligations under Section E through slight negligence or, if a spending limit
lower than EUR 150.00 has been agreed, up to this spending limit;
27.1.2 up to a maximum amount equalling the damage caused in the event
of a viola­tion of your due diligence obligations under Section E through
gross negligence or, if a spending limit lower than the amount of the
damage has been agreed upon, up to this spending limit.
27.1.3 If the credit card abuse did not require entry of the PIN or a signature, Sections 27.1.1 and 27.1.2 are not applicable.
27.1.4 In the event that we have not met our obligation to ensure that you
have the opportunity, at any time, to report the loss, theft, or abusive or un­
authorized use of the card, Sections 27.1.1 and 27.1.2 are not applicable either.
27.1.5 In the cases of Sections 27.1.1 and 27.1.2, any contributory negligence
on our part will be taken into due consideration after having been appropriately evaluated.
27.1.6 Moreover, you are liable for the total damage caused in the event of
an intentional violation of your due diligence obligations and/or in the
event of fraudulent intent. In that case, any contributory negligence on our
part will be excluded.
27.2 After our receipt of a blocking notice, you are no longer liable for
unauthorized credit card transactions, provided that you did not participate in such unauthorized credit card transactions with fraudulent intent.
27.3 Blocking of the Card at Our Initiative
The receipt of a blocking notice sent by you will be placed on the same
level as any blocking of the card initiated by us at an earlier date.
28. Our Liability
28.1 No Payment Instruction
If a card transaction is not based on a payment instruction issued by you, we
will, without delay, refund you the amount charged. The balance debited
from the card account will be restored to the amount that would have
existed on the account if it had not been debited with such amount. If the
balance shown on the account statement has already been settled, the
amount charged for a card transaction without payment instruction will
be refunded. Any claims held by you in excess thereof will be upheld.
28.2 Refusal to Accept the Card – Defect at a Partner Company
28.2.1 We are not liable for a partner company’s refusal to accept the credit
card except in the case of gross negligence on our part.
28.2.2 We do not guarantee the availability and functioning of automatic
teller machines.
28.3 Limitation of Liability
28.3.1. We accept unlimited liability for damage caused intentionally or by
gross negligence as well as for damage to persons.
28.3.2. In the case of damage caused by us through slight negligence,
liability is limited to damage arising from a violation of primary contractual
obligations if their fulfilment makes the due performance of the contract
possible in the first place and the contracting party regularly relies and
may rely on their observance; in such case, our liability is, however, limited
to typical foreseeable damage.
28.4. We are not liable for damage caused by force majeure.
G – Add-on Cards – Company Cards
29. Add-on Cards
29.1 If add-on cards are issued in addition to the private primary card, the
holder of the private primary card and the holder of the add-on card are
liable jointly and severally for all obligations arising from said add-on card.
If a spending limit has been agreed, the holder of the private primary card
and the holder of the add-on card are liable up to this spending limit.
29.2 For add-on cards, statements made by the holder of the private
primary card take precedence in the event of contradictory statements
by various card users.
30. Company Cards
30.1 Company Cards with Company Liability
The company is jointly and severally liable with you as the holder of the
company card for all obligations arising from company cards.
30.1.1 Upon the institution of insolvency proceedings against the assets of
the company with legal effect, you will be released from your liability for
the transactions effected with the company card, the settlement of which
has been agreed upon by and between the company and us, vis-à-vis us
provided that you would have to be reimbursed for such transactions by
the company on the basis of your legal relationship with the company.
30.1.2 Upon the institution of insolvency proceedings against the assets of
the company with legal effect, you will be released from your liability for
the transactions effected with the company card, the settlement of which
has been agreed upon by and between you and us, vis-à-vis us provided
that you would have to be reimbursed for such transactions by the company on the basis of the legal relationship existing between you and the
company and provided that you object to the account balance after the
company becomes insolvent but not later than 60 days after delivery of
the statement specifying such trans­actions. You are obliged to make
available to us, without delay, any and all documents concerning such
transactions and to furnish any information that is necessary and that is
possible for you to provide.
30.2 Company Cards without Company Liability
As the holder of a company card, you are solely liable for all obligations
arising from such company card.
30.2.1 Upon the institution of insolvency proceedings against the assets of
the company with legal effect, you, as the holder of the company card,
will be released from your liability for the transactions effected with the
company card and charged to you vis-à-vis us, provided that you would
have to be reimbursed for such transactions by the company on the basis
of the legal relationship existing between you and the company and provided that you object to the account balance after the company becomes
insolvent but not later than 60 days after delivery of the statement specifying such transactions. In consequence of your raising such objection,
your claim for compensation will be assigned to us for collection. We
hereby accept such assignment as of now. You are obliged to make
available to us, without delay, any and all documents concerning such
assigned claim and to furnish any information that is necessary and that
is possible for you to provide.
30.3 The institution of insolvency proceedings against the assets of the
company with legal effect will be placed on the same level as a dismissal
of a petition in insolvency for insufficiency of assets with legal effect.
H – Collateral
31. Provided that we have a legitimate security interest, we are entitled to
request that entrepreneurs, within appropriate time limits, provide appropriate collateral or an increase in such collateral for all liabilities arising
from the contractual relationship, even if these liabilities are conditional,
limited or not yet due and payable.
I – Contract Termination
32. Termination Effected by You
Subject to a one-month notice period, you are entitled to terminate the
contractual relationship with us at any time in writing without providing
any reasons therefor.
32.1 If an add-on card has been issued, you, as the holder of the private
primary card, may terminate the contract regarding the private primary
card and/or the add-on card, and, as the holder of the add-on card, you
may terminate the contract regarding the add-on card.
32.2 The contract relating to a company card may be terminated by you
both as an entrepreneur and as the holder of the company card.
32.3 In the event of any changes in these GTC (with the exception of
Sections 46, 47, 48) you are entitled to terminate the contract at no cost
and without notice before the changed GTC become effective.
33. Termination Effected by Us
Subject to a two-month notice period, we are entitled to terminate the con­
tract with you at any time in writing without providing any reasons therefor.
34. Consequences of Contract Termination – Card Issue Fee
34.1 You are obliged to return the card to us immediately after termina­
tion of the contract.
34.2 If you have entered into a continuing obligation (subscription agreement, etc.), paid by the card and concluded with a partner company of a
Diners Club credit card organization, you must notify the partner company
immediately of the termination of the contract with us. Regardless of
whether you perform this obligation, you must also pay all services invoiced by a partner company, and authorized by you, upon termination of
the contract to us, as specified in Section 19 of these GTC.
34.3 In the event of an overrun as specified in Section 19.2 of these GTC,
all outstanding amounts will become due upon termination when the next
monthly balance is presented.
34.4 If the credit card contract is terminated, any annual fee charged in
advance will be reimbursed on a pro-rata basis; any annual fee charged
retroactively will be charged on a pro-rata basis. This does not apply to
credit card contracts entered into with entrepreneurs with regard to
whom the applicability of Section 30 of the Austrian Payment Services
Act has been explicitly waived.
34.5. If you do not pay an annual fee on the basis of your credit card contract, a card issue fee as specified in Section 49 will be invoiced if the
credit card contract is terminated within the first year after conclusion.
This does not apply to add-on cards or secondary cards.
35. Termination of Contract without Notice
You and we reserve the right to terminate the contract without notice for
good cause.
35.1 Good cause entitling us to terminate the contract without notice
includes, but is not limited to, the following:
35.1.1 You have provided us with incorrect information regarding your
income and financial situation, and we have based a decision concerning
the conclusion of the contract on this information; or
35.1.2 your financial situation is in danger of deteriorating significantly or
has already deteriorated significantly and there is thus a risk that you will
not be able to meet your obligations under the contract towards us; or
35.1.3 despite reminders, you have repeatedly fallen into arrears with your
payment of our liabilities or have repeatedly violated other obligations under
this contract, and we cannot be reasonably expected to continue the contract because there is a risk that you will not meet your obligations under
the contract towards us.
35.2 Good cause entitling you to terminate the contract without notice
includes, but is not limited to, the following:
35.2.1 Insolvency proceedings have been initiated against DC Bank AG, or
35.2.2 we have violated an essential obligation under this credit card contract, and you can thus no longer be reasonably expected to continue the
contract with us.
J – Consent to Data Transmission
36. You hereby expressly authorize us to transmit any personal data specified in the card order (first name, family name, date of birth, occupation,
nationality, addresses, e-mail address) as well as your creditworthiness
data (amount of liabilities, payment history, reminder levels, any abuse of
instruments of payment) to the bank at which you have your account, as
well as to the small loan register of the Kreditschutzverband von 1870
kept with KSV1870 Information GmbH, located in 1120 Vienna, and to the
warning list (a data base application for banks which is registered as an
information network system and contains personal data of individuals who
have used debit or credit cards in an unauthorized manner) as well as to
CRIF GmbH, with headquarters in 1150 Vienna, (an Austrian credit reporting
agency). The purpose of such transmission is to check your identity and
legal capacity, determine your creditworthiness and payment discipline,
as well as to execute any direct debit order given by you to meet the
payment obligations arising from Section 19 of these GTC, but also to
maintain and protect the interests of creditors.
37. We are a bank under the provisions of the Austrian Banking Act and
are therefore subject to all relevant legal regulations, in particular banking
secrecy. For the cases of data transmission stated in Section 36 of these
GTC, including the transmission of credit­worthiness data by your bank to us,
you explicitly release us and your bank from banking secrecy obligations
by signing the card order, which contains a declaration of release from
banking secrecy.
38. If the transmission of data under Section 36 of these GTC is not re­
quired for the purpose of our performing contractual obligations towards
you, you may revoke, at any time, your approval to transmit data.
K – Hotel Reservations
39. If a hotel reservation involving the credit card number is cancelled free
of charge, we recommend that you ensure that a written confirmation
(cancellation code) is issued.
L – General Provisions
40. Delivery of Account Statements and Other Information
40.1 In your card order, you may choose whether you want to receive your
account statements electronically free of charge or by post at a price of
EUR 2.00 per statement. Depending on which mode of delivery you have
selected in your card order, account statements will be deemed legally
delivered to you when notification of the availability of the account statement has been made to the e-mail address most recently indicated or by
postal delivery to the address most recently notified. If you have requested electronic delivery of your account statements, you must register for
this service. It is your responsi­bility to register for this electronic delivery
service via the e-account. Upon your request, which may be revoked at
any time, printed account statements will be delivered by post even if you
have an e-mail address, in which case a mailing fee of EUR 2.00 will be
charged for each statement (Section 51).
40.2 All other information, including, without limitation, our notifications
regarding intended changes in fees/services and other contractual provisions (Sections 44, 45, 46 of these GTC), will be delivered to your e-mail
address of which we have most recently been notified. If you did not indicate an e-mail address on the card order, delivery will be made to your
postal address of which we have most recently been notified. At your
request (which you are entitled to revoke at any time), delivery may also
be made by post even if you have given us an e-mail address.
41. Correspondence
Any correspondence with you will be in German; also the GTC and any
changes of the GTC will be written in German. You may request the
English version of the GTC at any time. In case of doubt, the German version
will prevail.
42. Changes in Personal Data
You are obliged to notify us in writing without delay of any and all changes
in personal data required by us in order to perform the contract (e.g. name,
address, e-mail address, bank account). If you fail to notify us of a change
in (e-mail) address, all mail sent to the previously known (e-mail) address
will be deemed legally delivered.
43. Inquiries for Obtaining an Address
If delivery problems occur due to your fault (in particular in the event of a
violation of your obligations under Section 42), we reserve the right to
carry out inquiries with a view to obtaining the address (against payment
of a fee, as set forth in Section 49 of these GTC, for each inquiry). This
does not affect the validity of a completed delivery.
44. Conditions for Changing Fees
44.1. With your (tacit) consent (Section 46.2), we are entitled to introduce
new fees and raise existing fees (Section N) by way of adjusting them to
the Consumer Price Index (CPI) 2010 published by Statistics Austria or
any index replacing it. Such an adjustment is made by comparing the
index figure of the month of July of the previous year with the index figure
of the month of July of the year before that. The new fee resulting from
the adjustment is commercially rounded to the nearest ten cents. If, in any
given year, an adjustment of the fee was not proposed to you as specified
in Section 46.2, such adjustment may also be proposed to you at a later
time with effect for the future.
44.2. In the event that our costs develop in deviation from the CPI in
the period mentioned above, we are entitled, with your (tacit) consent
(Section 46.2), to raise the fees by up to three times the amount of the
increase in fees as specified in Section 44.1, provided that we deem this
appropriate in consideration of the legal framework, the changes in our
costs incurred by rendering payment services and the changes in our
material and personnel costs, and provided that we have informed you in
our notification (Section 46.1) that we intend to raise the fee in deviation
of Section 44.1.
44.3. If the index drops by more than 5% in the period specified in Section
44.1, we will pass this change on to you (decrease in fees).
44.4. Provided that the costs develop as specified in Section 44.2, you are
entitled to a decrease in fees in line with Section 44.2, in the maximum
amount of three times the respective change in the CPI. This only applies if
and to the extent that the decrease in fees is not yet covered by Section 44.3.
45. Conditions for Changing Contractual Provisions and Services
45.1. If new laws or court rulings or a new competitive environment (in
particular, a merger of major competitors) or technological innovations
(e.g. new card products, new card functions) make changes in contractual
provisions necessary, or if changes in contractual provisions are expedient
for the safe operation of a credit card company, we are entitled to change
the contractual provisions with your (tacit) consent (Section 46.2).
45.2. The services to be performed by us may only be restricted by such
changes to a minor extent and only if necessary for the reasons stated
above or in the event that a certain service can no longer be rendered in
a cost-effective manner as originally agreed.
46. Procedure for Changing Fees / Contractual Provisions / Services
46.1. If the conditions set forth under Section 44 (Fees) and/or under
Section 45 (Contractual Provisions and Services) are met, we will propose
the changes no later than two months prior to their intended entry into
effect. We will send you a notification describing those changes, to the
e-mail address or postal address most recently notified (Section 40.2).
For the changes themselves, please see the comparison of the old and
new provisions enclosed with such notification as well as the new GTC,
also enclosed.
46.2. You may explicitly agree to our proposals for change. However, the
changes concerned will also be deemed to be acknowledged and agreed to
by you if you do not object to them within two months following delivery
of notification of the changes.
46.3. In the notification we will specifically inform you of the two-month
period, the commencement of the period, and the significance of your
conduct. We will, in particular, inform you that if you make no objection to
the proposed changes, you will be deemed to have given your consent. If, in
the case of non-observance of a time limit, you can prove to us immediately
after your return that you were absent at the time when the notification
was delivered and for ten consecutive days afterwards, the two-month
period will commence upon your return. An objection raised within such
two-month period will entitle us to terminate the contractual relationship
pursuant to Section 33.
46.4. In the event of any changes in fees, contractual provisions and services (with the exceptions of Sections 48, 49 and 50), you have the right
to terminate the contract with immediate effect and free of charge before
the amended GTC enter into effect. We will advise you accordingly in our
notification of the changes.
46.5. The introduction of new fees, as well as any additional changes in fees
in excess of the limits specified in Sections 44.1 and 44.2, may only be effec­
ted with your explicit consent. We will propose the changes as specified in
Section 46.1. For the changes to take effect, you must send your consent
by e-mail to kundendienst@dinersclub.at or kundendienst@dinersclub.de
or by mail to DC Bank AG, customer service, Lassallestraße 3, 1020 Vienna,
Austria. If you do not accept the changes, your contract will remain in
effect for the time being. In such a case, we have the right to terminate
the contract pursuant to Section 33.
47. Applicable Law – Jurisdiction
Austrian law shall be applicable with the exception of conflict-of-law rules.
Application of the UNCITRAL Sales Convention shall be precluded. The
place of performance shall be Vienna. For contracts not concluded with
consumers as defined in Section 1 of the Austrian Consumer Protection Act,
the agreed-upon sole place of jurisdiction shall be Vienna, 1st district. In
actions brought against consumers, the courts in the cardholder’s place of
residence, ordinary residence or place of employment shall have jurisdiction.
M – Company Details – Supervising Authority – Arbitration
and Grievance Office
48. Company Details
DC Bank AG
Lassallestraße 3, 1020 Vienna, Austria
Phone +43 1 50 135-14, Fax +43 1 50 135-111
E-mail: kundendienst@dinersclub.at
Website: www.dinersclub.at
Corporate seat: Vienna, commercial register court:
Commercial Court of Vienna
Registered at the commercial register under file number:
FN 57273a, DVR: 0011665
N – Fees
51. Fees (in alphabetical order)
Account management fee pursuant to Section 17.2: EUR 25.00 p.a.
Annual fee:
as specified in the
card order
Borrowing rate for overruns pursuant to Section 19.2: 12.5% p.a.
Card issue fee pursuant to Section 34.5:
EUR 25.00
Cash withdrawal charge pursuant to Section 6.1:
3% of the amount
withdrawn
(at least EUR 4.00)
Default interest pursuant to Section 19.3.1:
15% p.a.
Fee for copies of credit card receipts
pursuant to Section 18:
EUR 3.00 for
each receipt
Fee for extension of due date for payment
pursuant to Section 19.1:
EUR 10.00 p.a.
Fee for the provision of previous statements
pursuant to Section 18:
EUR 3.00 for each
statement
Inquiry fee for obtaining address pursuant
to Section 43:
EUR 10.00
Mailing fee for printed account statements
pursuant to Section 40.1:
EUR 2.00
Processing fee pursuant to Section 14.1:
1.5%
Reminder charges pursuant to Section 19.3.4:
- up to a balance of EUR 100.00:
EUR 5.00
- if the balance exceeds EUR 100.00, up to
a balance of EUR 1,000.00:
EUR 10.00
- if the balance exceeds EUR 1,000.00:
EUR 20.00
Return charges pursuant to Section 19.3.2:
EUR 15.00
52. Disagio pursuant to Section 14.2
2%: Pound Sterling (GBP), Danish Krone (DKK), Swedish Krona (SEK),
Polish Zloty (PLN), Swiss Franc (CHF), Norwegian Krone (NOK),
US Dollar (USD), Australian Dollar (AUD), Canadian Dollar (CAD),
Russian Ruble (RUB), Mexican Peso (MXN) and CFP Franc (XPF)
3%: Hungarian Forint (HUF), Czech Koruna (CZK), Iceland Krona (ISK),
New Turkish Lira (TRY), Serbian Dinar (RSD), Japanese Yen (JPY),
South African Rand (ZAR), Singapore Dollar (SGD), Hong Kong Dollar
(HKD), UAE Dirham (AED), Tunisian Dinar (TND)
4%: R
omanian Leu (RON), Bulgarian Lev (BGN), Croatian Kuna (HRK),
Indian Rupee (INR), Chinese Renminbi Yuan (CNY), Omani Rial (OMR)
Saudi Riyal (SAR), Qatari Rial (QAR), Kuwaiti Dinar (KWD), Egyptian
Pound (EGP), Moroccan Dirham (MAD), New Israeli Sheqel (ILS) and
Netherlands Antillean Guilder (ANG)
6%: all other currencies
The English translation of these General Terms and Conditions of Business is provided solely for convenience. Only the original German text is
legally binding.
Valid as of 10 March 2015
August 2015
49. Competent Supervising Authority
Financial Market Authority (FMA)
Otto-Wagner-Platz 5
1090 Vienna, Austria
Phone +43 1 24 959-0, Fax +43 1 24 959-5499
Website: www.fma.gv.at
50. Arbitration Body
FIN-NET arbitration board
Gemeinsame Schlichtungsstelle der Österreichischen Kreditwirtschaft
Wiedner Hauptstraße 63
1045 Vienna, Austria
Phone +43 1 505 42 98, Fax +43 1 505 44 74
E-mail: office@bankenschlichtung.at
Website: www.bankenschlichtung.at
DC Bank AG, Lassallestraße 3, 1020 Wien, Österreich
T: +43 1 50 135-0, F: +43 1 50 135-111, kundendienst@dinersclub.at
IBAN: AT611100000404118200, BIC: BKAUATWW
Handelsgericht Wien, Sitz Wien, FN 57273a, DVR: 0011665, UID: ATU15349601
DinersClub.at
DC Bank AG, Lassallestraße 3, 1020 Wien, Österreich
T: +49 (69) 900 150-0, F: +49 (69) 900 150-111, kundendienst@dinersclub.de
IBAN: AT361200010005988547, BIC: BKAUATWW
Handelsgericht Wien, Sitz Wien, FN 57273a, DVR: 0011665, UID: ATU15349601
DinersClub.DE