Pay Here GmbH - as of April 01, 2020
The following general terms and conditions (hereinafter "GTC") are the content of the contractual relationship for the issue and use of the Pay Here Mastercard (hereinafter "Mastercard" or "card account") as well as the use of the online account between you and Pay Here GmbH, Max- Lehner-Straße 1a, 85354 Freising (hereinafter: "card-issuing e-money institute" or "PayCenter") is closed.
By registering as a Mastercard user and submitting an application to open an online account and issue a Mastercard, you (hereinafter referred to as the "cardholder") accept the following terms and conditions for the use of the Pay Here Mastercard and the online account.
When registering, the user is asked to agree to the terms and conditions. The terms and conditions apply to any use of the services of the card-issuing e-money institution and the use of the Mastercard. The terms and conditions are published exclusively on the card front end. These terms and conditions can be loaded into the main memory, saved on a permanent data carrier or printed out.
The card frontend can basically refer to both the card website and the VIMpay app.
The relevant language for this contractual relationship and for communication with the customer during the contract period is German.
1.1 The card-issuing e-money institute offers registered users a Mastercard for use at all electronically linked Mastercard acceptance points.
This does not apply to imprinters (so-called “Ritsch-Ratsch” devices which only transfer embossed card data to paper and do not simultaneously check liquidity online).
1.2 The Mastercard can be used to withdraw cash from ATMs with the PIN displayed online. The resulting fees are charged to the user.
1.3 The delivery of the card data as well as the plastic card and the PIN takes place only against prepayment.
1.4 The e-money institute offers registered users various payment transaction functions. Depending on the registered product, transfer orders, standing orders or time payments can be placed via the online access.
1.5 Details of the fees for use are regulated on the card front end in the "Price List" area. The fees stated there are binding. The fees are due for payment immediately and are offset directly against the card balance. If the card balance is insufficient to settle the outstanding charges, these will be offset against the next payment.
1.6 The cardholder is aware that 100% availability of the Mastercard services (especially the availability of the website, cash withdrawals, Mastercard transactions) is technically impossible. However, Pay Here tries to keep the Mastercard services available as constantly as possible.
This does not apply to times in which the availability is due to technical or other disruptions that are beyond the control of Pay Here (such as force majeure, disruptions in public communication networks, power outages, actions by third parties that are not attributable to Pay Here, etc.). Pay Here assumes no liability for such impairments. If impairments should be necessary due to maintenance, security or capacity issues, Pay Here will endeavor to restore the Mastercard services as soon as possible.
2.1 petaFuel GmbH, Münchner Str. 4, 85354 Freising (hereinafter also referred to as “intermediary”) and its representatives and vicarious agents do not see themselves as a bank, credit organization, company granting credit or the like. They do not handle any financial transactions and do not provide any financial services within the meaning of the Banking Act.
The activities of petaFuel GmbH are pure brokerage activities, ie petaFuel GmbH only mediates the conclusion of contracts for the issue and use of the Mastercard between the cardholders and Pay Here. A contractual relationship for the use of the Mastercard comes about exclusively between the cardholder and PayCenter.
2.2 The agent is not an issuing office commissioned directly by Mastercard, but merely forwards the customer's data to the authorized offices and acts as an intermediary between the user and the licensed issuing office (card-issuing e-money institute).
2.3 petaFuel GmbH is not liable for any claims arising from the contractual relationship between the user and Pay Here, in particular petaFuel GmbH is not liable for the provision of services in connection with the issue and use of the Mastercard.
2.4 In addition, § 6 of these General Terms and Conditions applies accordingly to petaFuel GmbH.
3.1 Users of the offered service can be natural persons with a valid identity card or passport as well as legal persons.
4.1 The user has to register on the card front end before using the services. To do this, all data fields on the registration form must be filled out completely and correctly.
4.2 With the registration and the sending of the registration data a binding order is placed. The amount of the fees results from the price overview on the card front end. There is basically no fee for employee cards in the standard version.
4.3 The cardholder assures that all data provided by him during registration are strictly true, not misleading and complete. The cardholder is obliged to notify the card-issuing e-money institution of any changes to his user data. The cardholder may not use any pseudonyms or artist names. There is no entitlement to a specific trade name.
4.4 When registering, the cardholder chooses a password. He is obliged to keep his password secret.
The customer undertakes to choose a different password for online access than for his e-mail access.
The card-issuing e-money institution will not pass the password on to third parties and will not ask the cardholder for the password at any time.
4.5 In the case of certain card products, Pay Here GmbH will use a suitable legitimation procedure (e.g. Postident, Videoident) to determine whether a registered cardholder is actually the person the user claims to be.
5.1 The card-issuing e-money institute reserves the right to change the services offered or to offer different services, provided this is reasonable for the cardholder and the cardholder is not disadvantaged as a result in good faith (e.g. adjustments to the legal and legal situation, expansion the range of services of the card-issuing e-money institute).
6.1 Pay Here does not guarantee the merchant acceptance of the Mastercard, even if Mastercard is specified as the means of payment. The contracting companies belonging to the Mastercard network are contractually obliged to accept the Mastercard. If this does not happen in individual cases, Pay Here is only liable if it is guilty of gross negligence.
6.2 The payment of the invoice amount is in any case the responsibility of the buyer.
6.3 Pay Here is not liable for damage caused by unredeemed direct debits and the resulting consequences.
6.4 The e-money institute issuing the card is only liable under this contract in the following cases:
For damages, in particular due to default, the breach of advisory and secondary contractual obligations, pre-contractual obligations, the infringement of third-party industrial property rights and
(I) the legal representatives, employees or vicarious agents of the card-issuing e-money institution have acted with intent or gross negligence; or
(II) the claims for damages result from the breach of an assumed guarantee; or
(III) an obligation has been violated that is essential for achieving the purpose of the contract (cardinal obligation); or
(IV) life, body or health were negligently or willfully injured; or
(V) there is mandatory liability under the Product Liability Act; or
(VI) other mandatory liability exists.
6.5 In the event of a breach of a cardinal obligation by the e-money institution issuing the card, the claim for compensation is limited to the foreseeable damage.
This limitation of damage does not apply if the event causing the damage was caused intentionally or through gross negligence by a legal representative, employee or vicarious agent of the card-issuing e-money institution.
6.6 The above limitations of liability do not apply if death or physical injury or damage to health has occurred as a result of the damage, or in the event of legally stipulated no-fault liability or the assumption of a guarantee.
6.7 Insofar as the liability of the card-issuing e-money institute is excluded, this also applies to the personal liability of employees, legal representatives and vicarious agents of the card-issuing e-money institute.
7.1 The cardholder can only use the offered service via appropriate access media. Stationary and / or mobile end devices that enable (secure, encrypted) access via the Internet or via other services intended for data transmission come into consideration as access media.
7.2 The e-mail address and a password serve as identification medium, which ensure the authorization of the cardholder when using the services offered on the card frontend.
8.1 The cardholder must store his card-related data, password, PIN and plastic card with particular care in order to protect them from misuse. The card data, password, PIN and / or plastic card may not be transmitted or made accessible to third parties.
8.2 In particular, the cardholder may not electronically save the password and PIN or write them down in any other form.
In addition, when using the password and / or the PIN, the cardholder must ensure that the password and / or the PIN cannot be learned, ie spied on, by third parties.
8.3 When using the card front-end, the cardholder must carefully check all data entered by him for correctness and completeness. If the e-money institution issuing the card incurs additional work or costs due to incorrect information provided by the customer, the customer reserves the right to charge a processing fee.
8.4 The customer undertakes to take all state-of-the-art measures to protect his system from interference by third parties.
8.5 If the card is provided with a signature field, the cardholder is required to sign the card immediately upon receipt, as this is an elementary part of reducing card misuse.
9.1 If the cardholder discovers the loss or improper use of his or her card data, the card and the associated online access must be blocked immediately.
The card holder can block the card via the card front end or call the general German emergency number 116 116.
9.2 If Pay Here GmbH detects improper use or if the card-issuing e-money institute has a justified suspicion of improper use or if there are factual reasons in connection with the security of the cards, Pay Here GmbH will remove the card and the associated online Block access.
The card-issuing e-money institute will notify the cardholder accordingly and without delay, if permitted by law.
9.3 The card-issuing e-money institution can block the card and the associated online access for further use if it is entitled to terminate the contract for good cause.
9.4 The e-money institution issuing the card is also entitled to block if the authorization to use the card and the associated online access ends due to the expiry of the validity period or due to ordinary termination. The customer will be informed of the blocking. Any amount still loaded at this point will be refunded to the cardholder.
9.5 Due to the regulations of the Money Laundering Act, Pay Here GmbH is obliged to continuously monitor the business relationship. In the course of this monitoring, cards / accounts can be temporarily blocked for disposal.
10.1 The users of the card front end receive their bills electronically. The card-issuing e-money institute makes the documents available on the Internet.
10.2 In principle, the card-issuing e-money institution is entitled to send contract-relevant information to the email address provided by the customer.
10.3 The cardholder takes note of this paperless regulation and ensures that his email inbox is accessible and that the transactions he has made are regularly checked online.
10.4 The cardholder must raise objections due to incorrect debits within eight weeks at the latest. Timely dispatch is sufficient to meet the deadline. The waiving of timely objections is considered as approval.
The cardholder can also request a correction of the invoice after the deadline, but must then prove that his account was wrongly debited or that a credit to which he is entitled was not issued. Failure to raise objections in good time may justify a claim for damages against the cardholder.
10.5 Authorized reclaims are possible within three months (for Mastercard transactions) or thirteen months (SEPA direct debits).
11.1 If malfunctions occur on the card front end, the cardholder is requested to report this malfunction immediately by telephone or email. The corresponding telephone number and email address are published on the card front end.
12.1 The cardholder can terminate the card usage contract at any time. The cancellation can be made using the card blocking form available on the card front end or within the VIMpay app. When canceling, the reason for the deactivation and the password assigned to the cardholder's personal account must be stated.
12.2 The card-issuing e-money institution is entitled to terminate the contract by giving the cardholder two months' notice. The card-issuing e-money institution will terminate the contract with a longer period of notice if this is necessary taking into account the legitimate interests of the cardholder. Any amounts still loaded on the card at the time the contractual relationship is terminated will be reimbursed to the cardholder.
12.3 The right of both parties to terminate for an important reason remains unaffected.
12.4 The card-issuing e-money institution can terminate the contract without notice if there is an important reason which makes the continuation of the contract unreasonable for Pay Here, even with due consideration of the legitimate interests of the card holder.
The following events in particular are important reasons:
- Cardholder failure to comply with legal regulations
- Deliberate false information when opening an account
- repeated, culpable breach of contractual obligations, which is not stopped despite a warning
- police investigations and
- Garnishments (unless the account is managed as a garnishment protection account)
12.5 If there is residual credit on the card account, the contract will only be terminated when this residual credit has been fully paid out to the customer.
13.1 Once the termination takes effect, ie upon termination of the contractual relationship, the card may no longer be used.
The card data (e.g. card number and expiry date) and any physically available card must be destroyed immediately. An employee card must in accordance with no. 22 can only be destroyed when the authorization to possess the employee card expires.
13.2 If there is still a remaining balance on the card account and there are no more outstanding charges, this will be immediately transferred back to the cardholder to the giro account specified by him. If amounts are still blocked due to a dealer request, they will only be transferred back after approval (but no later than 31 days).
13.3 If no valid account details were provided for a return transfer when the card was blocked, Pay Here will try to obtain this information from the account holder. For this, a tracking fee of 15 euros is incurred every three months, which is offset directly against the card balance.
13.4 In the event of fraudulent acts or important reasons that result in termination without notice (see § 13.4), the annual fee and the fee for the plastic card - even pro rata - will not be remitted.
14.1 The Mastercard and the online account can only be managed on a credit basis. Transactions with insufficient funds will be rejected. A credit line is not granted. Different maximum credits are specified for the various products.
14.2 If a legitimation check is absolutely necessary for the card product, payments received before the legitimation check are only available once the legitimation has been properly completed.
If legitimation cannot be successfully concluded, the payment received will be transferred back to the client.
14.3 The following applies to all card products without full legitimation of the user via Videoident or Postident: it is not permitted to receive credits from a merchant via Mastercard transaction. In the event of a Mastercard merchant credit, the account will be blocked for disposals until the cardholder has been fully legitimized.
15.1 The Mastercard has an optional current account functionality if legitimation has been made via PostIdent. It can then be topped up by bank transfer from any account. Online transfers from the card balance can be made to any European current account.
15.2 If the Mastercard has the PayPass logo, the card is equipped with the corresponding function and enables payment at points of acceptance marked with the PayPass logo.
No PIN or signature is required for transaction amounts below 25 euros.
15.3 Direct debits to the debit of the card account are possible if the current account functionality is available.
The conditions for payments by direct debit in the SEPA direct debit procedure of Pay Here GmbH apply.
Direct debit in favor of the card account is not possible.
15.4 The terms and conditions for bank transfers of Pay Here GmbH apply.
16.1 You can revoke your contract declaration within 14 days without giving reasons in writing (e.g. letter, fax, email) or - if the item is left to you before the deadline expires - by returning the item. The period begins upon receipt of this information in text form. The timely dispatch of the cancellation or the item is sufficient to meet the cancellation deadline. The revocation must be sent to:
petaFuel GmbH, Münchner Strasse 4, 85354 Freising
Consequences of revocation: In the event of an effective revocation, the services received by both parties are to be returned and any benefits (e.g. interest) surrendered. If you cannot return the received service in whole or in part or only in a deteriorated condition, you may have to compensate us for the value. This does not apply to the surrender of items if the deterioration of the item is solely due to its inspection - as it would have been possible for you in a shop, for example. In addition, you can avoid the obligation to pay compensation for a deterioration caused by the intended use of the item by not using the item as if you were your property and by refraining from anything that could impair its value.
Dispatchable goods are returned at our expense and risk. Employee cards are excluded from this. Items that cannot be sent as parcels will be picked up from you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your declaration of cancellation or the goods, for us with their receipt.
16.2 The right of revocation expires in the case of a service if the card-issuing e-money institute has started performing the service with the express consent of the cardholder before the end of the revocation period or if the cardholder has initiated this himself. This is the case when the cardholder loads the Mastercard for the first time.
The first top-up (a transfer of the top-up amount and the fees chosen by the registrant for the Mastercard) leads to the conclusion of a contract between the card-issuing e-money institution and the cardholder.
17.1 Pay Here has undertaken to the contracting companies of Mastercard to settle the immediately due claims against the cardholder when using the Mastercard.
17.2 The reimbursement obligation only does not exist if Mastercard does not justify an effective claim by the contractual company.
17.3 Complaints about the service acquired with the Mastercard from his relationship with the contracting company must be clarified exclusively and directly with this company.
17.4 This does not affect the cardholder's payment obligation towards the card-issuing body.
18.1 The card account is managed in EURO. The account can only be topped up in EURO. The determination of the exchange rate for foreign currency transactions results from the price list on the Mastercard website.
19.1 The card-issuing e-money institute is entitled to charge the cardholder fees for providing the card and for other services provided by him in connection with the card contract. The amount of the fees results from the price list on the card front end.
19.2 The e-money institution issuing the card can change the fees for important and valid reasons (e.g. ensuring the continuation of business operations); Pay Here will notify the customer of the changes in writing at least 2 months before they come into effect.
The cardholder is entitled to object to the changed fees within a period of one month after notification and the opportunity to take notice. If the cardholder does not object to the changed fees within two months of the notification and the opportunity to take notice or if he continues to use the Mastercard, the changed fees will take effect.
The cardholder is expressly informed of this in the notification. The cardholder is advised to address the objection in writing to the card-issuing e-money institute for purposes of preserving evidence.
If the cardholder objects in due time, both parties are entitled to terminate the contract with a notice period of one month, unless a right of termination at any time already exists according to §13. The original fees continue to apply until the end of the contract.
20.1 If the cardholder loses his payment authentication instrument (i.e. his card or card data (e.g. card number or PIN)), if they are stolen from him or if he loses it in any other way and this leads to unauthorized card access, the cardholder is liable for damage that occurs up to Time of the blocking notification, up to a maximum of 50 euros, regardless of whether the cardholder is to blame for the loss, theft or other loss.
20.2 The cardholder is not obliged to compensate for the damage according to paragraph (1) if he was unable to submit the blocking notification because Pay Here had not ensured the possibility of receiving the blocking notification and the damage occurred as a result.
20.3 If unauthorized dispositions occur prior to the blocking notification and the cardholder has intentionally or grossly negligently breached his duty of care under these conditions or acted with fraudulent intent, the cardholder bears the full damage caused by this.
Gross negligence on the part of the cardholder can particularly exist if
20.4 As soon as the cardholder has notified the agent or Pay Here via the card front-end that the card data has been lost or misused, the cardholder is no longer responsible for any further improper use made with the card after this point in time. This does not apply in the event of willful intent or gross negligence (e.g. insufficient duty of care when storing the PIN).
20.5 The regulations defined by Mastercard apply to the reclaiming of dispositions not authorized by the cardholder prior to notification by the cardholder (published under
Pay Here GmbH is obliged to process reclaims in accordance with these specifications. The cardholder may have to provide additional information promptly in order to enable processing.
According to these Mastercard regulations, refunds are only possible for max. 15 transactions allowed per card. The customer is responsible for transactions that exceed this number.
20.6 The processing of chargebacks via Mastercard is carried out free of charge for the customer. If it subsequently turns out that the chargeback was unjustified (e.g. due to incorrect customer information) and the merchant charges the card account again, Pay Here will charge the customer a processing fee of 45 euros.
20.7 If a reclaim is justified in accordance with these regulations, the full amount of the reclaim will be credited to the cardholder as soon as the reclaim has been confirmed by Mastercard.
20.8 If a reclaim according to these regulations is not possible (especially in the case of damage caused by PIN-authorized transactions), the customer is liable to the full extent of the damage.
21.1 The card is only valid for the specified period of five years.
21.2 If the authorization to use the card ends beforehand (e.g. by terminating the contract), so
21.3 The card-issuing e-money institution reserves the right to exchange a card for a new card even during the term of the card. The cardholder does not incur any costs.
22.1 The intermediary and the card-issuing e-money institute refer on their pages with links to other pages on the Internet.
The following applies to all of these links: The agent and the e-money institute issuing the card expressly declare that they have no influence whatsoever on the design and content of the linked pages.
Therefore, you hereby expressly distance yourself from all content of all linked third-party sites on the map frontend and do not adopt this content as your own. This declaration applies to all links shown and to all contents of the pages to which links lead.
The intermediary and the card-issuing e-money institute also distance themselves from websites that advertise Pay Here's Mastercard products and sell the link to these websites.
23.1 The Mastercard requested by the user is issued and processed by Pay Here GmbH, Max-Lehner-Straße 1a, 85354 Freising. Pay Here GmbH is authorized to obtain the necessary customary banking information from the bank specified by the cardholder. These are authorized to provide information.
When asked according to §8 Money Laundering Act whether the cardholder is acting for his own account or for someone else's account, the cardholder declares that he is acting for his own account.
24.1 Zur Einlagensicherung wird das Guthaben der Kunden (den Treugebern) auf zwei offenen Treuhandkonten (IBAN: DE14 7203 0227 0050 8690 07 bei der Bankhaus Anton Hafner KG und IBAN: DE75 5004 0000 0582 1830 02 bei der Commerzbank) durch den Treuhänder Pay Here GmbH verwaltet. Diese Konten dienen ausschließlich zur Aufnahme der Guthaben der Karteninhaber, eine Vermischung mit Geldern des Treuhänders ist nicht gegeben.
24.2 Die vorgelagerte Bank trägt dafür Sorge, dass im Falle einer Pfändung die Gläubiger im Rahmen einer Drittschuldnererklärung darüber aufgeklärt werden, dass es sich bei den PayCenter-Konten um Treuhandkonten handelt.
Zudem macht die vorgelagerte Bank keine Aufrechnungs-, Pfand- oder Zurückbehaltungsrechte geltend.
24.3 Die Guthaben fallen im Insolvenzfall nicht in die Insolvenzmasse des E-Geld-Instituts, auch nicht, wenn die Gläubiger im Wege der Einzelvollstreckung Zugriff haben, sondern werden an die Kunden ausbezahlt.
24.4 Der Treuhänder verpflichtet sich, dass Verfügungen über das Treuhandguthaben nicht für eigene Zwecke sondern ausschließlich auf Grundlage der Zustimmung einzelner Karteninhaber erfolgen, wobei die Zustimmung in der durch den Einsatz der Karte erteilten Weisung zu sehen ist.
25.1 Das kartenausgebende E-Geld-Institut behält sich vor, diese AGB jederzeit ohne Nennung von Gründen zu ändern, sofern dies notwendig erscheint (bspw. Anpassungen an die Rechts- und Gesetzeslage, Erweiterung des Leistungsspektrums des kartenausgebenden E-Geld-Instituts usw.) und der Karteninhaber hierdurch nicht wider Treu und Glauben benachteiligt wird.
Die Benachrichtigung erfolgt entweder auf dem Karten-Frontend durch die Öffnung eines besonderen Fensters beim Einloggen auf den Nutzer-Account oder durch Zusendung einer eMail an die vom Nutzer angegebene eMail-Adresse.
In jedem Fall wird der Karteninhaber auch beim nächsten Einloggen über die Änderung durch eine hervorgehobene Benachrichtigung informiert.
25.2 Der Karteninhaber kann nach Benachrichtigung und Kenntnisnahmemöglichkeit den Änderungen der AGB innerhalb einer Frist von zwei Monaten widersprechen. Es wird dem Karteninhaber empfohlen, den Widerspruch in Textform zu Beweissicherungszwecken an das kartenausgebende E-Geld-Institut zu richten.
Widerspricht der Karteninhaber der Geltung der neuen AGB nicht innerhalb von zwei Monaten nach der Benachrichtigung, gelten die geänderten AGB als vom Karteninhaber angenommen. Das kartenausgebende E-Geld-Institut wird den Karteninhaber in der Benachrichtigung auf sein Widerspruchsrecht und die Bedeutung der Widerspruchsfrist hinweisen.
Widerspricht der Karteninhaber fristgemäß, so sind beide Parteien berechtigt, den Vertrag mit einer Kündigungsfrist von 2 Monaten zu kündigen, sofern nicht bereits nach §13 ein jederzeitiges Kündigungsrecht besteht.
Bis zur Vertragsbeendigung gelten die ursprünglichen Nutzungsbedingungen fort.
25.3 Soweit nichts anderes vereinbart ist, kann der Karteninhaber alle Erklärungen an das kartenausgebende E-Geld-Institut per eMail abgeben oder diese per Fax oder Brief an das kartenausgebende E-Geld-Institut übermitteln. Die Pay Here kann Erklärungen gegenüber dem Karteninhaber per eMail oder Brief an die Adressen übermitteln, die der Karteninhaber als aktuelle Kontaktdaten in seinen persönlichen Einstellungen angegeben hat.
25.4 Erfüllungsort ist der Sitz des kartenausgebenden E-Geld-Instituts.
25.5 Soweit es sich bei dem Karteninhaber um einen Kaufmann, eine juristische Person des öffentlichen Rechts oder ein öffentlich-rechtliches Sondervermögen handelt, ist der Gerichtsstand der Sitz des kartenausgebenden E-Geld-Instituts. Dies gilt auch, wenn der Karteninhaber nach Registrierung seinen Wohnsitz ins Ausland verlegt oder dieser zum Zeitpunkt der Klageerhebung nicht bekannt ist.
25.6 Es gilt deutsches Recht unter Ausschluss des internationalen Privatrechts und des UN-Kaufrechts.
25.7 Die Geschäftssprache ist deutsch.
Pay Here is neither legally obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.