1. Member States shall ensure that, without
prejudice to Article 71, in the case of an unauthorised payment
transaction, the payer’s payment service provider refunds the payer the
amount of the unauthorised payment transaction immediately, and in any
event no later than by the end of the following business day, after
noting or being notified of the transaction, except where the payer’s
payment service provider has reasonable grounds for suspecting fraud and
communicates those grounds to the relevant national authority in
writing. Where applicable, the payer’s payment service provider shall
restore the debited payment account to the state in which it would have
been had the unauthorised payment transaction not taken place. This
shall also ensure that the credit value date for the payer’s payment
account shall be no later than the date the amount had been debited.
2. Where the payment transaction is initiated
through a payment initiation service provider, the account servicing
payment service provider shall refund immediately, and in any event no
later than by the end of the following business day the amount of the
unauthorised payment transaction and, where applicable, restore the
debited payment account to the state in which it would have been had the
unauthorised payment transaction not taken place.
If the payment initiation service provider is
liable for the unauthorised payment transaction, it shall immediately
compensate the account servicing payment service provider at its request
for the losses incurred or sums paid as a result of the refund to the
payer, including the amount of the unauthorised payment transaction. In
accordance with Article 72(1), the burden shall be on the payment
initiation service provider to prove that, within its sphere of
competence, the payment transaction was authenticated, accurately
recorded and not affected by a technical breakdown or other deficiency
linked to the payment service of which it is in charge.
3. Further financial compensation may be
determined in accordance with the law applicable to the contract
concluded between the payer and the payment service provider or the
contract concluded between the payer and the payment initiation service
provider if applicable.