1. Where a payment order is initiated by the
payer through a payment initiation service provider, the account
servicing payment service provider shall, without prejudice to Article
71 and Article 88(2) and (3), refund to the payer the amount of the non-
executed or defective payment transaction and, where applicable,
restore the debited payment account to the state in which it would have
been had the defective payment transaction not taken place.
The burden shall be on the payment initiation
service provider to prove that the payment order was received by the
payer’s account servicing payment service provider in accordance with
Article 78 and 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 non-execution,
defective or late execution of the transaction.
2. If the payment initiation service provider is
liable for the non-execution, defective or late execution of the 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.