Terms and Conditions
These General Terms & Conditions of Business apply for use of the “boon.” payment method (hereinafter "boon.") and the virtual Mastercard (hereinafter “boon. Mastercard”) that are made available to you by Wirecard Card Solutions Limited (hereinafter "Wirecard"). Wirecard is therefore your contractual partner.
Wirecard is a company that is based at Grainger Chambers, 3-5 Hood Street, Newcastle upon Tyne NE1 6JQ England (tel: +44 191 227 5450, email: email@example.com) and is registered for England and Wales at Companies House, Cardiff, under Company Number 07875693. Wirecard’s main business is running e-money operations and providing related payment services. The supervisory authority responsible for Wirecard is the Financial Conduct Authority (25 The North Colonnade, Canary Wharf, London E14 5HS, www.fca.org.uk). Wirecard is registered with the Financial Conduct Authority under no. 900051.
On request, you can at any time obtain these General Terms & Conditions from Wirecard on paper or on some other permanent storage medium.
Notice on the Right of Withdrawal
Right of Withdrawal
You may withdraw your declaration to enter into a contract within 14 days by issuing a clear statement to that effect, no reasons stated. The time limit begins on receipt of this Notice on a permanent storage medium, but not before conclusion of the contract, nor before we have performed our obligations to provide information in accordance with Article 246b § 2(1) in conjunction with § 1(1) nos. 7 to 12, 15 and 19, and Article 248 § 4(1) of the Introductory Act to the German Civil Code (EGBGB). To meet the withdrawal deadline, timely dispatch of the statement of withdrawal is sufficient provided the statement is issued on a permanent storage medium (e.g. letter, fax, email). The statement of withdrawal must be addressed to:
Wirecard Card Solutions Limited
#Grainger Chambers, 3-5 Hood Street
Newcastle upon Tyne NE1 6JQ England
Consequences of Withdrawal
Provided withdrawal is effective, the performance received by each party is to be returned. You must compensate us for the value of any services rendered prior to withdrawal, if you were informed about this legal consequence before making your declaration to enter into a contract and expressly agreed to our commencing performance before expiry of the withdrawal period. If you are under obligation to pay us compensation, this may mean that you still have to fulfil your contractual payment obligations for the period up until your withdrawal. Your right of withdrawal lapses prematurely if at your express request the contract has already been fully performed by both parties before you exercise your right of withdrawal. Any obligation to refund payments must be performed within 30 days. For you, the period allowed commences running when you send off your declaration of withdrawal; for us, it commences upon receipt thereof.
If you withdraw from this contract, you will no longer be bound by a related contract either, provided said related contract involves an additional service rendered by ourselves or by a third party under an agreement reached between ourselves and said third party.
– End of the Notice on the Right of Withdrawal –
1. boon payment instruments, boon boon. Mastercard, boon. Account, boon. App
1.1 boon. is a payment instrument which you can use via your Smartphone (see Item 2.1) or via other portable devices (e.g. smartwatch) (both hereinafter “Mobile Device”) and the boon. App (hereinafter “boon. App”) installed on it, or that you can use via a digital wallet on your Mobile Device which is operated by a provider with which Wirecard and its affiliates have made arrangements to make non-cash payments for goods and services in accordance with these General Terms & Conditions. You may use boon. exclusively for private purposes.
1.2 For using boon. you are allocated a boon. account (hereinafter “boon. Account”) in accordance with these General Terms & Conditions, you can top-up your boon. Account with funds that are then available for effecting payment with boon. Funds topped-up to the boon. Account do not yield any interest. Payments with boon. can only be made up to the amount of the funds in your boon. Account.
1.3 The virtual boon. Mastercard issued by Wirecard is a payment instrument which is provided to you in form of a data set an can be used for cashless payments for goods and services according to this General Terms & Conditions.
1.4 If the preconditions set forth in item 1.2 are fulfilled you can apply for the virtual boon. Mastercard for the use as a payment instrument. The isolated application of the boon. Mastercard without the boon. App and the boon. Account is not possible. A use of the boon. Mastercard is only possible in the level boon. basic or boon. plus.
1.5 Due to changes of the security reasons Wirecard shall be entitled to make the use of the boon. Mastercard dependent on further obligations to cooperate applicable to you.
1.6 Your boon. Mastercard is associated with the boon. account. Any credit which is available to you according to this General Terms and Conditions may be used subject to any usage limits.
1.7 Wirecard retains all rights in the intellectual property in the boon. App. To the extent required for using boon. in accordance with these General Terms & Conditions, Wirecard grants you a non-exclusive, non-transferable right of use in the boon. App, which right may not be sublicensed.
1.8 You are not permitted
(a) to circulate copies of the boon. App,
(b) to copy, reproduce, modify, alter, reverse engineer, disassemble, decompile, transmit, exchange or translate the boon. App, unless it is permitted by statute, or (c) to make any manner of derived works from the boon. App, and you are prohibited from allowing third parties to do such acts on your behalf
1.9 You may not damage the boon. App, interfere with access to the boon. App or its functionalities, impair it or misuse it in any other manner. In particular, you are prohibited from uploading viruses, Trojans or other malware to the boon. App and from disseminating same via the boon. App.
1.10 boon. is available for use 24/7, average annual availability 98% (“boon. Availability Rate”). If maintenance work is required and if boon. is not available for use for that reason, Wirecard shall inform you accordingly in a timely fashion whenever possible. Downtimes owing to maintenance work are not counted towards the boon. Availability Rate. Wirecard is not responsible for downtimes caused by the Internet / network, or for downtimes during which boon. is not available for use owing to technical or other problems that are beyond Wirecard’s control (e.g. force majeure).
1.11 The boon. App is put at your disposal in the form available and without any guarantee for defects.
2. Application for boon. Installation of the boon. App, Sign-up Process, Contract Closure, boon. Level, Updates for the boon. App, Duty to Cooperate under Anti-Money Laundering Legislation
2.1 In order to be able to apply for and use boon. you have to be 18 or over, and have an NFC-enabled Mobile Device.
2.2 To apply for boon., you have to download the free boon. App from the relevant app store and install it on your Mobile Device in accordance with the downloading and installation instructions provided.
2.3 After installation of the boon. App in accordance with Item 2.2., you have to register via your boon. App. During registration (“Sign-up Process”) you will be requested:
- to enter the mobile number of your Mobile Device in your boon. App,
- to verify the mobile number you have entered in accordance with the instructions provided in the boon. App,
- to set a password for logging-in to your boon. Account and for carrying out certain procedures in the boon. App,
- to choose a security question and provide the answer,
- to set a personal identification number (“PIN”) for triggering payment transactions (see Section 4), and
- to read and accept these General Terms & Conditions.
2.4 On completing the Sign-up Process in accordance with Item 2.3, you submit a binding offer to conclude a boon. contract of use (“boon. Contract of Use”). The boon. Contract is brought about when you receive notification from Wirecard about the boon. App, informing you that you have reached Level 1 (see Item 2.5).
2.5 boon. is available for use at various levels (“boon. Level”). The scope of possibilities for using boon. and the boon. App depends on the boon. Level you have chosen. Further information can be obtained during the order process via your boon. App. In case of an upgrade to a new boon. Level you will enter into a new contract of. In order to activate any boon. Level other than Level 1 (see Item 2.4), you have to register for the required boon. Level via your boon. App. During each registration process, you have to enter the data required by Wirecard and carry out the identification measures in accordance with the instructions provided in the boon. App. Wirecard is entitled to refuse to activate a boon. level you have requested if it has doubts about the accuracy of the data you have provided, if its assessment of your credit standing is negative, or if any other important reason exists. The boon. Contract of Use for another boon-level is effective upon receipt of a notice sent by Wirecard via the boon. App, confirming that you have reached a new boon. Level.
2.6 Via your boon. App you will be notified about available updates (“Updates”) for the boon. App. In order for all functionalities in boon. to be used fault-free, you have to immediately download each available Update from the relevant app store and install it on your Mobile Device straightaway.
2.7 Your mobile communications provider may charge costs for installation and/or use of the boon. App and/or digital wallet and for the data flows connected with it. Please check the agreements reached with your mobile communications provider for further details.
2.8 Owing to the statutory anti-money laundering regulations which apply for Wirecard, Wirecard is obliged before concluding a contract, and throughout the term of any contract concluded, to obtain certain information and documents from you regarding your identity, as well as on other circumstances of relevance for the contractual relationship where applicable. At Wirecard’s request, you are obliged to provide the information and documents required for compliance with its anti-money laundering obligations, and to report without delay any changes occurring during the contractual relationship.
3. Application for the boon.Mastercard, Sign-up process, conclusion of contract, updates for the boon.App, obligations to cooperate regarding anti-money-laundering laws
3.1 In order to apply for the boon. Mastercard and use it as an additional payment instrument you have to be a registered boon. user according to item 2.1-2.5 in the product level boon-basic or boon. plus.
3.2 To apply for the boon. Mastercard you have to access the boon. App and access the function “apply for virtual credit card” within the boon. App, by clicking on the credit card symbol. Within the registration process (hereinafter “Sign-up process for boon. Mastercard”) you are requested:
- To enter your password for the login into the boon. Account and to perform certain processes in the boon.App in order to identify yourself;
- If necessary, to register for the next higher boon-Level according to item 2.5;
- To read and accept this General Terms & Conditions.
- To order the boon. Mastercard free of charge.
3.3 By performing the Sign-up process for boon. Mastercard according to clause 3,2 you make a binding offer for the conclusion of a contract of use for the boon. Mastercard (“boon. Mastercard Contract of Use”). The boon. Mastercard Contract of Use is concluded after receipt of a notice sent by Wirecard via the boon. App confirming that you may use the boon. Mastercard. The virtual credit card boon. Mastercard is then stored as payment instrument. The boon. Mastercard cannot be used without a boon. Contract of Use according to item 2,4 and 2.5 (see also item 3.1).
3.4 The boon. Mastercard contract of use may be deactivated at any time.
4. Possible Uses
4.1 Use for Payment Purposes
With boon. you can effect non-cash payment for goods and services from companies at home and abroad which accept contactless Mastercard PayPass payments (“Contracting Companies”). Contracting Companies can be recognized by the Mastercard PayPass logo. boon. cannot be used for making payments in the Internet, by telephone, telefax or email, or via any other means of distance communication.
With the virtual boon. Mastercard you can pay cashless for goods and services in the internet, via telephone or email at merchants accepting Mastercard creditcards as payment method (hereinafter “Mastercard Merchants”) unless the acceptance of the boon. Mastercard is not refused for other reasons. P2P Transactions
In order to be able to carry out a P2P transaction, i.e. to make a payment to another boon. user, you and the recipient boon. Account holder must be upgraded successfully to “boon. plus”-level. You will be required to identify the boon. Account you wish to transfer funds to by the relevant account holder's mobile number.
You may use your virtual boon. Mastercard via a digital wallet. You can effect non-cash payments for services and goods from companies at home and abroad which accept contactless Mastercard payments as well as pay online where the relevant digital wallet is accepted. You will find detailed instructions how to use the digital wallet as well as the relevant terms and conditions when you download it to your Mobile Device and/or in the relevant digital wallet.
1. You can use boon. and boon. Mastercard (in the boon. App or via a digital wallet) for the aforementioned possible uses only up to the amount of the funds in your boon. Account. The value of each transaction and any transaction fees incurred will reduce the available balance in your boon. Account. If the total sum of a desired transaction including the transaction fees incurred exceeds the funds in your boon. Account, the transaction cannot be carried out.
2. For using boon. and the boon. Mastercard the maximum amounts also apply that are laid down in the Annex: “boon. Prices and Services", as well as the maximum amounts that have been individually agreed between Wirecard and yourself.
3. Even if you fail to keep to these limits, Wirecard is still entitled to demand compensation for the costs incurred by your use of boon. and/or the boon. Mastercard.
4.3 Information on Use
Further details on how boon. and the boon.App and boon. Mastercard are to be used are presented in the boon. App. In order to use boon. the boon. App and boon. Mastercard you have to follow the instructions given there. Regarding the use of a digital wallet you have to follow the instructions provided by the digital wallet. You may employ the services of a payment initiation service provider pursuant to Sec. 1 para. 33 Payment Services Supervisory Act to initiate payments and of an account information provider pursuant to Sec. 1 para. 34 Payment Services Supervisory Act to provide information on your payment account.
For paying at a terminal with boon., you need a PIN which you set yourself during the Sign-up Process (see Item 2.3) and which you can alter at any time thereafter via the boon. App.
boon. can no longer be used for payment purposes if the wrong PIN is entered three times in a row. In any such event, please contact Wirecard.
6. Authorisation of Payment Orders, Revocation of Payment Order
6.1 In order for it to be executed, each payment order requires your approval (authorisation).
You grant authorisation for execution of a payment order as follows:
- hold your Mobile Device with your boon. App or with your digital wallet in front of a Contracting Company’s contactless terminal, and
- enter your PIN in the boon. App or confirm the authorisation with your fingerprint or another biometric identifier when prompted, or sign a sales voucher, or
- in the case of a use of boon. Mastercard towards a Mastercard Merchant by entering the requested data of the boon. Mastercard (hereinafter “boon. Card Data”) or in case of a use of a digital wallet chose the respective digital wallet and confirm the authorization with a biometric identifier or other security credential. You may have to use additional authorization procedures provided by Wirecard. In case of online payments the Contracting Company may employ a procedure whereby you will be requested to enter a personalized security credential (e.g. transaction number).
- in case of a Peer-to-Peer payment you need to enter the mobile phone number of the payment recipient and authorize the payment with your password or a biometric identifier.
6.2 When authorizing your payment you also consent to Wirecard processing, transferring and storing your personal data necessary for the execution of the payment. Once you have given authorisation, a payment order placed via boon. or the boon. Mastercard cannot be revoked.
Wirecard may block funds on your boon. Account that are available within the agreed maximum amount (e.g. for reservations) if
7. Blocking of available funds
- the payment is initiated by the payment recipient and
- you have authorized the specific amount to be blocked
Notwithstanding any statutory or contractual rights to the contrary, Wirecard will release the blocked amount without undue delay once Wirecard has received the exact and payment amount and payment order.
Wirecard is entitled to reject a payment order:
8. Rejection of Payment Orders by Wirecard
- if you have not authorised the transaction in accordance with Item 6.1,
- if the limits applying for the transaction (cf. Item 4.2) have not been observed,
- if boon. is blocked, or
- if executing the payment order would breach applicable legal provisions (e.g. anti-money laundering regulations).
You will be notified accordingly via the terminal where you are actually using boon. or with the use of the boon. Mastercard during the payment process.
9. Receipt of Payment Orders by Wirecard, Execution Period
9.1 All payment transactions initiated via boon. and/or boon. Mastercard are triggered by the respective Contracting Company. The payment order is received by Wirecard on receipt of the payment order from the Contracting Company.
9.2 If receipt of a payment order does not fall on a business day of Wirecard, the payment order is deemed received on the following business day.
9.3 If Wirecard receives the payment order after 16:00 hours, the payment order is not deemed received until the following business day for the purpose of determining the execution period (cf. Item 9.4).
9.4 On receiving the payment order, Wirecard is obliged to ensure that the payment amount in payment transactions done in Euro and in other EEA currencies within the European Economic Area (EEA) is received by the payee’s payment service provider within one (1) business day. Payment transactions within the European Economic Area (EEA) done in currencies other than Euro or EEA currencies will be effected within four (4) days of receipt of the payment order by Wirecard. Payment transactions outside the European Economic Area (EEA) will be effected as soon as possible after receipt of the payment order by Wirecard.
9.5 A business day means any day (except Saturday and Sunday) on which banking institutions in London are open for public business.
10. Topping-Up the boon. Account, Maximum Top-Up Amount, Redemption
10.1 You can top-up your boon. Account in the manner agreed with Wirecard, but only up to the agreed maximum amounts; this also applies in case your boon. Account is loaded with a P2P transaction. The maximum amounts are specified in the Annex: “boon. Prices and Services”. Further information on possible ways of topping up and how to top-up can be found in your boon. App. Top-up amounts that would result in the agreed maximum top-up amount being exceeded are rejected and transferred back to the payer.
10.2 We reserve the right to reject individual top-up amounts or block ways of topping-up without notice, in order to prevent fraud, money laundering or other criminal activities.
10.3 With regard to the credit balance in the boon. Account, you can request Wirecard to disburse all or some of the funds at any time during the term of the boon. Contract, and the total balance on termination of the boon. Contract ("Redemption"). Disbursement of the balance can only be requested insofar as the funds have not been blocked for transactions which have already been authorised. You must send your redemption request to Wirecard using one of the communication channels specified in Item 23.2. Before complying with any redemption request, Wirecard is entitled to check your identity and to demand suitable proof of identity to that end. Fees in accordance with the Annex: “boon. Prices and Services” may be incurred for any redemption requested by you either before the boon. Contract ends or more than one (1) year after the boon. Contract ends. For a redemption, fees in accordance with the Annex: “boon. Prices and Services” may also be incurred if you terminate the boon. Contract prior to expiry of a fixed contractual term agreed with Wirecard. Wirecard is entitled to comply with a redemption request by effecting a remittance to a bank account held in your name at a banking institution based in an EU Member State.
10.4 Funds credited to your boon. Account out of Wirecard’s own resources (e.g. in connection with a bonus campaign) can only be used for paying for goods and services at Contractual Companies. In respect of such funds, no entitlement to redemption pursuant to Item 10.3 exists.
11. Your Duty of Care and Obligation to Cooperate
11.1 Safekeeping of your Mobile Device
Your Mobile Device with your boon. App and digital wallet, if any, must be kept particularly safe in order to prevent it getting lost or being misused. In particular, you may not leave it unattended in a vehicle. This is because anybody getting hold of your Mobile Device with your boon. App or digital wallet can put it and your PIN or the boon. Mastercard or the boon. Card Data to fraudulent use for carrying out transactions.
11.2 Securing your Mobile Device with a security code
You must secure your Mobile Device against unauthorised use with a security code. You must ensure that no other person acquires knowledge of your security code. If you ascertain or suspect that some other person knows your security code, you must change the security code immediately.
11.3 Maintaining the secrecy of your password and PIN
You must also ensure that no other person acquires knowledge of your password and PIN (with the exception of account information or payment initiation services); in particular, they may not be stored in your Mobile Device. Any person who knows your PIN and gets hold of your Mobile Device with your boon. App or digital wallet or the boon. Card Data is able to effect transactions. If you ascertain or suspect that some other person knows your password and/or PIN, you must immediately change the password and/or PIN via your boon. App and to have the boon.Mastercard blocked via the customer service (see item 23.2) A new boon.Mastercard data set will be generated at your request.
11.4 Your Duties to Inform and Report
1. If you ascertain that your Mobile Wallet with your boon. App has been lost or stolen, or that fraudulent transactions have been effected with boon. and possibly with your PIN and/or boon. Mastercard or the boon. Card Data, you must notify Wirecard immediately at phone no. 00800.94732270 (“Blocking Notification”), so that boon. can be blocked. You must also report any theft or misuse to the police without delay.
2. If you suspect that some unauthorised person has got hold of your Mobile with your boon. App and/or the PIN or of your digital wallet, and that they have been misused or otherwise used without authorisation, you must likewise immediately issue Blocking Notification by ringing the phone number 00800.94732270.
3. You must inform Wirecard immediately on ascertaining any unauthorised or incorrectly executed transaction by ringing the Service Hotline (see Item 23.2). On request, you must fill in the relevant report form and send it to Wirecard without delay.
12. Your Payment Obligation, Information on Payment Transactions
12.1 Wirecard has given the Contractual Companies an undertaking to settle the transactions you carry out with boon.. You are in turn under obligation to reimburse Wirecard for this outlay.
12.2 Wirecard’s immediate entitlement to reimbursement of outlay pursuant to Item 12.1 and Wirecard’s other due payment claims created under the boon. Contract, in particular the fees and expenses which you have to pay, will be offset against funds in your boon. Account. If there are not sufficient funds for this in your boon. Account, you must pay Wirecard the outstanding amount.
12.3 Objections and other complaints concerning your contractual relationship with the Contractual Company where boon. was used, must be filed with the Contractual Company directly and do not affect your payment obligations towards Wirecard.
12.4 Information about the respective balance in your boon. Account and details of payment transactions can be shown via your boon. App. You must immediately check that these details are correct and complete and report any objections without delay.
13. Foreign Currency Conversion
If you use boon. or boon. Mastercard for transactions that are not denominated in Euro, your boon. Account will still be debited in Euro. The conversion rate that is applied for foreign currency transactions is shown in the Annex: “boon. Prices and Services”. Any change of the reference exchange rate as stated in the currency conversion clause will take effect immediately and without your prior notification.
14. Fees and Expenses
14.1 The fees and expenses which you owe to Wirecard are specified in the Annex: “boon. Prices and Services”, issued by Wirecard.
14.2 Any changes to the fees will be offered to you in text form (e.g. by email or via your boon. App) no later than two months before the proposed effective date for such changes. You may accept or refuse the changes prior to the proposed effective date. Unless you send notification of your refusal to accept the changes before the proposed effective date, your approval will be assumed granted. In the offer, Wirecard will expressly draw your attention to this consequence.
14.3 If you are offered any changes to fees, you can also terminate the boon. Contract without notice and free of charge before the proposed effective date for the changes. In the offer, Wirecard will expressly draw your attention to this right of termination.
15. Your Claims for Refunds, Correction, and Damages
15.1 Refund in the event of unauthorised transactions
In the event of an unauthorised transaction with boon. or boon. Mastercard, Wirecard has no right to claim a refund of its expenses from you. Wirecard is obliged to refund the amount to you in full. If the amount was debited to your boon. Account, then Wirecard will ensure that the balance is restored to the amount it would have been without the unauthorised transaction. Wirecard has to fulfill this obligation until the end of the business day pursuant to the “boon Prices and Services” that follows the day on which Wirecard was notified or otherwise learnt thereof that the payment had not been authorized by you. If Wirecard had notified a competent authority in writing that it has reasonable cause to believe that you have acted fraudulently, Wirecard shall review its obligation pursuant to sentence 2 above and fulfill it if the suspicion has been cleared.
15.2 Refund if an authorised transaction is not or is incorrectly or executed with delay
1. In the event of the non- or incorrect execution of an authorised transaction with boon. or boon. Mastercard, you can demand that Wirecard immediately refund the transaction amount in full, insofar as the transaction was not executed or was executed incorrectly. If the amount was debited to your boon. Account, then Wirecard will ensure that the balance is restored to the amount it would have been without the non- or incorrect execution of the transaction.
2. In addition to paragraph (1) above, you can demand that Wirecard refund fees and interest to the extent that they have been charged to you or debited to your boon. Account in connection with the non- or incorrect execution of the authorised transaction.
3. If incorrect execution consists of an authorised transaction with boon. or boon. Mastercard not being received by the payee’s payment service provider until after expiry of the execution deadline within the meaning of Item 9.4 (delay), the payment recipient may demand from its payment service provider that the account of the payment recipient is credited as if the payment were carried out.. If you have sustained losses owing to such delay, Wirecard shall be liable in accordance with Item 15.3 below.
4. In the event of the non- or incorrect execution of an authorised transaction with boon., Wirecard will retrace the transaction at your request and inform you of the outcome.
15.3 Your compensation claims for losses based on an unauthorised transaction or on a non- or incorrectly, or only with delay executed authorised transaction
In the event of an unauthorised transaction with boon. or boon. Mastercard, or in the event of a non- or incorrectly or only with delay executed authorised transaction with boon. or boon. Mastercard, you can claim damages from Wirecard for losses not already covered by Items 15.1 and 15.2. This does not apply if Wirecard is not responsible for breach of duty, whereby Wirecard shall bear the same responsibility for fault on the part of an intermediary agency as for its own fault, unless the cause of the fault lies chiefly with an intermediary agency you yourself have selected. If boon. or boon. Mastercard is used in a country outside Germany and outside the European Economic Area (EEA) (third country) or in the currency of a country outside the EEA (payment in third-country currency), Wirecard’s liability for the fault of an agency involved in settling the payment transaction shall be limited to the careful selection and instruction of such agency. If you have contributed to the occurrence of the loss through your own fault, the extent to which Wirecard and you yourself have to bear the loss shall be determined applying the principles of contributory negligence. Liability under this paragraph shall be limited to EUR 12,500 per transaction with boon. and/or boon. Mastercard. This limitation of liability to said amount does not apply:
- for unauthorised transactions,
- in cases of intent or gross negligence on Wirecard’s part,
- for risks which Wirecard has specifically assumed, and
- for your interest losses.
15.4 Time-limit for asserting claims pursuant to Items 15.1 - 15.3
Claims against Wirecard pursuant to Items 15.1 - 15.3 are excluded, if you do not immediately – or within 13 months of the transaction being debited at the latest – inform Wirecard that the transaction with boon. or boon. Mastercard was not authorised, was not executed or was incorrectly executed. The 13-month period shall only commence provided Wirecard has notified you of the debit entry resulting from the transaction with boon. or boon. Mastercard via the communication channel agreed for transaction details, at the latest within one month of said debit entry. Otherwise, the period shall commence on the day of notification. You may also assert liability claims pursuant to Item 15.3 after the end of the period specified in sentence 1 if you were unable to meet the deadline through no fault of your own.
15.5 Claims for refund in the case of an authorised transaction without precise specification of the amount, and the time limit for raising the claim
1. You can demand that Wirecard immediately refund the full transaction amount if you have authorised a transaction with boon. or boon. Mastercard at a Contracting Company such that
- the precise amount was not specified when the transaction was authorised; and
- the payment transaction exceeds the amount you might have expected, given your previous spending habits, the content of the boon. Contract and the circumstances of the instance in question. Reasons relating to currency conversion are not taken into account, if the agreed exchange rate was used.
2. You are obliged to explain to Wirecard the factual circumstances on which you are basing your claim for a refund.
3. Claims for a refund are excluded unless filed with Wirecard within eight weeks of the date on which the transaction concerned is debited to your boon. Account.
15.6 Exclusion of liability, exclusion of objections
Claims against Wirecard under Items 15.1 - 15.5 are excluded if the circumstances that give rise to a claim:
– ensue from an unusual and unforeseeable event over which Wirecard has no influence, and Wirecard could not have averted the consequences of such event even on exercising all due care; or
– were brought about by Wirecard owing to some statutory obligation.
15.7 Your compensation claims for losses not based on an unauthorised transaction or on a non- or incorrectly executed authorised transaction
For losses not based on an unauthorised transaction with boon. or boon. Mastercard or on a non- or incorrectly or only with delay executed authorised transaction with boon. or boon. Mastercard, Wirecard shall bear full liability for intent and gross negligence and for losses based on mortal injury, physical harm and health damage. In the event of slight negligence, Wirecard shall only be liable for breach of material contractual terms (“Cardinal Duties”). Cardinal Duties within the meaning of this provision shall be those obligations performance of which is a prerequisite for due implementation of the contract in the first place and may always be relied upon by the user. In cases of liability for slight negligence, liability shall be limited to typical foreseeable losses. Wirecard’s full liability for losses for which Wirecard has to assume responsibility under compulsory statutory regulations shall remain unaffected.
16. Your Liability for Unauthorised Transactions
16.1 Your liability prior to Blocking Notification
- If you lose your Mobile Device with your boon. App and/or your digital wallet, or if it is stolen or otherwise goes missing, and if this results in an unauthorised transaction with boon., boon. Mastercard or boon. Card Data, you shall be liable up to a maximum amount of EUR 50 for losses thus incurred prior to Blocking Notification, irrespective of whether or not you are at fault for such loss, theft or otherwise disappearance. You will not be held liable if it had been impossible for you to notice the loss or theft or otherwise missing prior to the unauthorized transaction or in case that the loss has been caused by an employee agent or branch of Wirecard.
- If boon. or boon. Mastercard is used in a country outside Germany and outside the European Economic Area (EEA) (third country) or in the currency of a country outside the European Economic Area (payment in third-country currency), you bear the losses arising from unauthorised transactions with boon., boon. Mastercard or boon. Card Datapursuant to paragraphs (1) and (2) also in excess of the maximum amount of EUR 50, in the event that you have negligently breached your obligations under these General Terms and Conditions. If Wirecard has contributed to such losses by its own fault, Wirecard shall be liable for the losses incurred to the extent of its responsibility for such fault.
- You are not obliged to compensate for any losses under paragraphs (1) to (2) and (4), if you were unable to issue Blocking Notification because Wirecard had not ensured that the Blocking Notification could be delivered, and the loss arose as a consequence of such circumstance.
- If an unauthorised transaction with boon. or boon. Mastercard or boon. Card
Data is done prior to Blocking Notification, and if you have either wilfully or
as a result of gross negligence breached your duties of care under these
General Terms & Conditions or if you have acted with fraudulent intent, you
will be liable for the entire losses thus incurred. Gross negligence on your
part can be deemed to have occurred in particular:
- if you have culpably failed to immediately notify Wirecard of the loss or theft or of the unauthorised transaction;
- if the PIN was stored in your Mobile Device with your boon. App, or
- if you have disclosed the PIN to a third party, resulting in misuse.
- if you have shared boon. Card Data with another person, resulting in misuse;
- if you have kept, written, stored or otherwise made available the boon. Card Data outside the boon.App.
- Your liability shall be limited to the funds available in your boon. Account at the time.
- In case that Wirecard does not demand a strong customer authentication pursuant to Sec. 1 para. 24 German Payment Services Supervisory Act when using your boon. Mastercard online or in case that the payment recipient or his payment service provider do not accept a strong customer authentication although Wirecard is obliged to employ it, your liability will be determined by Sec. 675v para. 4 German Civil Code instead of paragraphs (1), (2), and (4) above.
16.2 Your liability subsequent to Blocking Notification
As soon as Wirecard has been notified about the loss or theft of your Mobile Device with your boon. App, or about the misuse or otherwise unauthorised use of boon. and/or your PIN and/or boon. Mastercard or boon. Card Data Wirecard will assume all losses subsequently caused by transactions with boon.. If you act with fraudulent intent, you will also bear any losses arising subsequent to Blocking Notification.
17. Your Right of Termination
You can terminate the boon. Contract at any time without notice. No further termination notice of the boon.Mastercard contract of use, if concluded, is necessary. Upon the discontinuation of the boon. contract the use of the boon. Mastercard is no longer possible.
18. Wirecard’s Right of Termination
18.1 Wirecard can terminate the boon. Contract of Use or the boon. Mastercard Contract of Use by giving a notice of two months.
18.2 Wirecard can terminate the boon. contract of use or the boon.Mastercard Contract without notice if an important cause exists in view of which, even on duly taking your legitimate interests into account, it is unreasonable to expect Wirecard to continue said Contract. In any case, Wirecard may terminate the contract without notice if you violate material obligations, if a misuse has occurred or there is reason to believe it will occur.
19. Consequences of Termination
On termination of the boon. Contract, you may no longer use boon., the boon. App., boon. Mastercard and boon. Card Data. The unused funds in the boon. Account will be refunded by Wirecard in accordance with Item 10.3.
Wirecard may block boon. and/or boon. Mastercard to prevent you from using it:
20. Blocking of boon.
- if it is entitled to terminate the boon contract of use or the boon. Mastercard Contract for important cause,
- if this is justified by reason of factual circumstances relating to the security of the boon. or boon. Mastercard; or
- if unauthorised or fraudulent use of boon., boon Mastercard or boon. Card Data is suspected; or
- if the agreement between Wirecard and the provider of your digital wallet has been terminated for whatever reason.
Stating the relevant reasons, Wirecard will notify you by email of the blocking if possible before but at the latest immediately after the blocking. Stating the reasons may be omitted insofar as Wirecard would otherwise breach statutory obligations. Wirecard will lift the block if the reasons for it no longer apply. Wirecard will likewise notify you by email to this effect without delay.
21. Changes to the Terms & Conditions
21.1 Any changes to these General Terms & Conditions will be offered to you in text form (e.g. by email or via your boon. App) no later than two months before the proposed effective date for such changes. You may accept or refuse the changes prior to the proposed effective date. Unless you send notification of your refusal to accept the changes before the proposed effective date, your approval will be assumed granted. In the offer, Wirecard will expressly draw your attention to this consequence.
21.2 If you are offered any changes to these General Terms & Conditions, you can also terminate the boon. Contract without notice and free of charge before the proposed effective date for the changes. In the offer, Wirecard will expressly draw your attention to this right of termination.
22. Your Duty to Communicate Changes in Your Contact Details
You are under obligation to notify Wirecard about any change in your place of residence and change of name, as well as about any change in the telephone number(s) and email address(es) you have provided immediately.
23. Contract Language, Communication
23.1 Governing language for the business relationship and for communications with you during the business relationship shall be German or English, of your own choosing.
23.2 Unless otherwise provided for in these General Terms & Conditions, please use the following communication channels for notices and statements relating to or in connection with the business relationship:
Post: Wirecard Card Solutions Limited,
Grainger Chambers, 3-5 Hood Street,
Newcastle upon Tyne, NE1, England
Telefon: +49(0) 30 300 110 200
24. Data Protection
You consent to Wirecard collecting, processing and using your personal data in accordance with the applicable privacy laws.
The UK Financial Services Compensation Scheme does not apply either for boon. or for the boon. Account. No other compensation schemes exist for covering losses claimed in connection with boon. and the boon. Account.
26. Ombudsman Procedure, Complaints
If you want to file a complaint in connection with boon. or your boon., boon. App or boon. Mastercard, please contact the email address given in Item 23.2. Wirecard will respond to your complaints in text form (via letter, facsimile or email).
For settling disputes with Wirecard, you have the possibility of turning to the UK Financial Ombudsman Service, which offers a free service for settling complaints and can be contacted under the following phone number
from inside the UK: 0300 123 9123 or 0800 023 4567, and
from other countries: +44 20 7964 0500.
This service is available from 8 a.m. until 8 p.m. Mondays to Fridays, and from 9 a.m. until 1 p.m. on Saturdays.
You can also file complaints in writing, to be sent by post to:
The Financial Ombudsmann Service, Exchange Tower, London E14 9SR, oder
per E-Mail an: firstname.lastname@example.org.
The UK Financial Ombudsman Service is available in various languages, and if necessary an interpreter will be provided for you to get in touch with the Service.
You also have the possibility of complaining about any instance of Wirecard breaching the supervisory regulations by which it is governed, or Sections 675c – 676c of the German Civil Code (BGB), or Article 248 of the Introductory Law to the Civil Code (EGBGB), by reporting such breach to the Financial Conduct Authority, 25 The North Colonnade, Canary Wharf, London E14 5HS, www.fca.org.uk at any time, either by telephone (Customer Contact Centre, tel.: +44 845 606 9966) or by email (email@example.com).
The European Commission provides an online dispute resolution platform (ODR Platform) under: https://ec.europa.eu/consumers/odr/. The ODR Platform may be used by consumers for out-of-court dispute resolution for disputes arising out of online contracts with a company resident in the EU.
27. Contract Transfer
27.1 Wirecard is entitled to transfer the entire rights and obligations under the boon. Contract and the boon. Mastercard Contract to some other enterprise holding the necessary licenses (“Contract Transfer”). The Contract Transfer will be offered to you in text form (e.g. by email or via your boon. App) no later than two months before its proposed effective date. Unless you send notification of your refusal to accept the Contract Transfer before the proposed effective date, your approval will be assumed granted. In its offer, Wirecard will expressly draw your attention to this consequence.
27.2 If you are offered a Contract Transfer, you can also terminate the boon. Contract without notice and free of charge before the proposed effective date for Contract Transfer. In its offer, Wirecard will expressly draw your attention to this right of termination.
28. Governing Law
The business relationship between Wirecard and yourself shall be governed by German law. German law shall also be the basis for relations commenced with yourself prior to contract closure.