1. Member States shall ensure that a payer is
entitled to a refund from the payment service provider of an authorised
payment transaction which was initiated by or through a payee and which
has already been executed, if both of the following conditions are met:
(a) the authorisation did not specify the exact amount of the payment transaction when the authorisation was made;
(b) the amount of the payment transaction
exceeded the amount the payer could reasonably have expected taking into
account the previous spending pattern, the conditions in the framework
contract and relevant circumstances of the case.
At the payment service provider’s request, the payer shall bear the burden of proving such conditions are met.
The refund shall consist of the full amount of the
executed payment transaction. The credit value date for the payer’s
payment account shall be no later than the date the amount was debited.
Without prejudice to paragraph 3, Member States
shall ensure that, in addition to the right referred to in this
paragraph, for direct debits as referred to in Article 1 of Regulation
(EU) No 260/2012, the payer has an unconditional right to a refund
within the time limits laid down in Article 77 of this Directive.
2. However, for the purposes of point (b) of the
first subparagraph of paragraph 1, the payer shall not rely on currency
exchange reasons if the reference exchange rate agreed with its payment
service provider in accordance with point (d) of Article 45(1) and point
(3)(b) of Article 52 was applied.
3. It may be agreed in a framework contract
between the payer and the payment service provider that the payer has no
right to a refund where:
(a) the payer has given consent to execute the payment transaction directly to the payment service provider; and
(b) where applicable, information on the
future payment transaction was provided or made available in an agreed
manner to the payer for at least 4 weeks before the due date by the
payment service provider or by the payee.
4. For direct debits in currencies other than
euro, Member States may require their payment service providers to offer
more favourable refund rights in accordance with their direct debit
schemes provided that they are more advantageous to the payer.