The Terms and Conditions for Payment Cards of CSOB Clients

General Information

1. Ceskoslovenska obchodni banka, a. s. (hereinafter referred to as “CSOB“) issues to the Account Holder and persons specified by the Account Holder a payment card or sets of payment cards according to the actual offering as an electronic payment instrument to an account of the current account type denominated in Czech crowns and certain kinds of payment cards to an account of the current account type denominated in selected foreign currencies (hereinafter referred to as the “Account“) either as an integral of the respective kind of account or in accordance with a separate “Payment Card Issuance Agreement“. Actual offerings of payment cards and related supplementary services are available in CSOB informational material at all CSOB branches. The legal relationships applicable to the issuance and use of payment cards shall be governed by the legal order of the Czech Republic.
   
   
2. These Terms and Conditions for Payment Cards of CSOB Clients are in compliance with the Model Terms and Conditions for the Issuance and Use of Electronic Payment Instruments issued by the Czech National Bank pursuant to Section 16 Law No. 124/2002 of the Collection, on Money Transfers, Electronic Payment Instruments and Payment Systems as subsequently amended with the following exceptions:
   
   
   • Article IV – Paragraph 1 – Changes in Business Terms and Conditions and Withdrawal from the Agreement. CSOB will only inform Account Holders, not all the Card Holders of changes in the Business Terms and Conditions in writing.
     
     
   • Article V – Paragraph 7 d) - Issuer Obligations. CSOB will not give the Card Holder any written information about the exchange rate applied to the conversion of FX transactions.
     
     
   • Article VI – Paragraphs 1, 2 – Issuer Obligations. CSOB shall not be responsible for the non-execution of the transaction, or non-provision of the Service which is, directly or indirectly, beyond the control of CSOB, see provisions of Paragraph 24 hereof.
     
     
   • Article VIII – Paragraphs 1, 2 – Issuer Obligations. The Account Holder’s responsibility for transaction made by a lost/stolen or misused card will terminate upon the announcement of the event to CSOB by phone except for transactions which cannot be specified in terms of time, see provisions of Paragraph 43 hereof.
   
   
3. The Account Holder is obliged to make himself acquainted with the “Terms and Conditions for Payment Cards of CSOB Clients“ (hereinafter referred to as the “Terms and Conditions“) and is obliged to adhere to them. The Account Holder will always be fully responsible for any breach of the Terms and Conditions by authorised holders (hereinafter referred to as the “Card Holder“ who have received payment cards at his request.
   
   
4. CSOB will debit the Account Holder’s account with all transactions made by payment cards issued to this account. The fees for the maintenance of the payment card, supplementary services and other operations shall be collected from the Account Holder’s account in accordance with the CSOB Price List, which is available at all CSOB branches.
   
   
5. CSOB as the administrator of personal data is entitled to make the respective agreement with the payment card transaction processor (hereinafter referred to as the “service provider“) pursuant to the provisions of Section 6 of Law 101/2000 of the Collection on Personal Data Protection as subsequently amended and deliver personal data to third parties which are services providers, or provide services which are an integral or optional part of the payment card pursuant to Law No. 21/1992 of the Collection on Banks as subsequently amended and Law No. 101/2000 of the Collection on Personal Data Protection as subsequently amended. The Account Holder agrees that CSOB is entitled to inform other banks in the Czech Republic of any breach of the Terms and Conditions should there be any on the part of the Account Holder or the Card Holder. The Account Holder also agrees that CSOB will provide Master Card, Visa and Diners Club card associations with information concerning payment cards.
   
   
6. Payment cards are the property of CSOB and the Card Holder is only given the right to use them. Nobody has any legal right to be given a payment card. Payment cards are issued exclusively in the name of the Card Holder and are non-transferable. CSOB is entitled to ask for further information about the Account Holder, or the Card Holder from other resources. CSOB is entitled to refuse the application for the card issuance. In such cases CSOB will always inform the Account Holder either in writing or by phone but without having to give any reason.

Payment Card Issuance

7. The Payment Card Issuance Agreement will be concluded by the Account Holder at the CSOB branch which keeps the account to which the payment card should be issued. The Account Holder is obliged to provide CSOB with full and true data and will bear the responsibility for damages CSOB may incur due to untrue or inaccurate data, including recourse.
   
   
8. CSOB provides clients also with a set of cards which always consists of two cards issued together: MasterCard and VISA (hereinafter referred to as the ”payment card“ unless stipulated otherwise).
   
   
9. The payment card is valid by the date given thereon i.e. the last day of the respective month. CSOB will issue to the Card Holder automatically a new payment card no later than on the expiry date of the original payment card unless it decides not to extend the validity of the payment card. If the Card Holder decides to refuse the automatic issue of the new payment card and the related supplementary services he is obliged to inform the CSOB branch which keeps his account to which the payment card has been issued in writing no later than 5 calendar days before the original payment card expires. It is impossible to refuse automatic issue of one of two cards but only the set as a whole. The Card Holder is entitled to ask for the renewal of the payment card earlier.
   
   
10. The payment card will be deposited at the CSOB branch for a period of 70 days. Should it not be taken over by the Card Holder it shall be devaluated and cancelled. The fee for the maintenance of the payment card and the respective supplementary services shall be charged irrespective of the fact whether the Card Holder takes over the payment card or the automatically issued payment card or not.

     

PIN

11. 11. The PIN is identification personal number used in card transactions.
    
    
12. The Card Holder is obliged to check whether the envelope in which his PIN was delivered is not broken or damaged. In case of any damage, the Card Holder asks the institution which delivered the consignment to issue a certificate of damaged consignment. CSOB shall provide the Card Holder with another PIN and another card for free. Unless the Card Holder delivers a certificate of damage CSOB shall charge a fee for the issuance of the new payment card in accordance with the valid CSOB Price List.
    
    
13. CSOB shall disclose the PIN only to the Card Holder and otherwise shall keep it confidential. The Card Holder is obliged to prevent its disclosure. It is forbidden to put the PIN in an easily readable form on the payment card, or another item which he keeps or holds together with the payment card, or tell it to other persons including family members. The Card Holder is also obliged to prevent the disclosure of the PIN while entering it, for example by covering the keyboard with the other hand etc. The Account Holder is obliged to pay the amounts for all transactions in which the PIN was used and damages CSOB may incur due to the disclosure of the PIN.
    
    
14. Should the Card Holder forget his PIN CSOB will re-issue the original PIN at his request approved by the Account Holder. The Card Holder shall pick it up at the branch which keeps the account to which the payment card has been issued upon the demand.
    
    
15. Should an incorrect PIN be entered during a transaction several times, the validity of the payment card is automatically temporarily limited for security reasons (suspicious misuse). Full functionality of the payment card will be automatically renewed on the first day when the Card Holder is entitled to draw his limit again given for the respective type of the payment card. As for payment cards with a chip the PIN may not be un-blocked otherwise than via direct (on-line) connection of the chip payment card with the bank system.

Payment Card Take-Over

16. 16. Upon the receipt of the payment card the Card Holder is obliged to sign the payment card on the signature strip in the presence of an authorised officer of CSOB.
    
    
17. Upon the receipt of the payment card, the Card Holder becomes entitled to use it by the deadline given on the payment card.
    
    
18. The Card Holder is obliged to hold the payment card separately from other bank documentation in a safe place i.e. which is not freely accessible to third persons and which is secured from unjustified interference by third persons. The Card Holder is obliged to check his holding the payment card on a daily basis and take such individual security measures to prevent the misuse, loss or theft of the payment card. The Card Holder is obliged to check after each use of the payment card that he still holds it.
    
    
19. The Account Holder shall be responsible for all transactions made by payment cards issued to his account and is obliged to pay CSOB for any damages it may incur due to the incorrect use of the payment card.

Use of the Payment Card

20. The places at which the payment card can be used are marked by logo of the respective card association (for example MasterCard, Visa, Diners Club) or the payment system (Maestro, Electron). CSOB reserves the right to refuse the approval of certain types of transactions (for example written postal, phone, internet transactions) independently of the type of payment card.
    
    
21. The payment card shall not be used for transactions which might not be in harmony with the law applicable at the place of transaction.
    
    
22. In using the payment card with an ATM, the PIN shall always be entered. In cashless payments when the payment card is used the Card Holder is required to sign the receipt so that the signature is identical to that on the signature strip of the payment card, or to enter the PIN as the case may be. As for payment cards with a chip, the Card Holder is usually required to enter the PIN while the signature of the receipt is not required.
    
    
23. In using the payment card at shops doing business and providing services (hereinafter referred to as the “commercial outlet“) they are entitled to verify (authorise) transaction and make it provided they receive an approval of CSOB or the respective authorised third party. In the interests of the Card Holder protection, the employee of the commercial outlet is entitled to ask for identification of the Card Holder. The employee of the commercial outlet is entitled to retain the payment card based on authentication results. Should it happen he is obliged to render the payment card inoperative in front of the Card Holder and issue a certificate of payment card retention.
    
    
24. CSOB is responsible neither for the rejection of transactions, identification of the minimum limit for payment card transaction or the non-provision of services on the part of the commercial outlet nor for any potential damages payment Card Holders may incur directly or indirectly due to circumstances beyond the control of CSOB or its partners(*). CSOB is not responsible for any commercial outlet or branch of another bank not accepting the payment card for a transaction.
    
    
25. The Card Holder is entitled to make transactions with his payment card only within the limit he has been given but not exceeding the disposable amount in his account. The Card Holder will be informed of his limit upon the receipt of the payment card. The payment limit specifies both the maximum amount which is to be withdrawn by the payment card in the respective period and the number of transactions in this period. The Card Holder is obliged to continuously monitor and check the transaction amounts paid by the payment card and prevent any overdraft in his account. The transactions are debited with a certain delay (see Paragraph 33 hereof). However, the Account Holder is responsible for all transactions irrespective of the payment limit and is obliged to pay for any damages CSOB may incur due to the incorrect use of the payment card, or the potential overdraft of the disposable balance (non-permitted debit) in accordance with the respective account agreement.
    
    
26. Should the account show a non-permitted overdraft, a debit interest rate shall be applied to the non-permitted debit balance. Unless the non-permitted overdraft is settled within 10 days following the overdraft, CSOB will be entitled to debit this amount from another account which it keeps for the Account Holder. Furthermore, CSOB will be entitled to permanently limit the validity of payment cards issued to the respective account(s) and ask the payment card(s) to be given back to CSOB.
    
    
27. CSOB is entitled to cancel the right to use the payment card or temporarily or permanently limit its validity even without early notice (in particular if contractual terms and conditions are broken, the account is blocked (execution) or shows a debit balance etc.). In order to provide for security and protection of the client CSOB is entitled to limit the validity of the payment card temporarily or permanently should it suspect any misuse of the payment card. With regard to the permanent limitation of payment card validity, the payment card may be retained should there be an attempt to use it. CSOB will inform the Card Holder of such measures in a suitable manner immediately. CSOB will not be responsible for any potential damages the Account Holder or the Card Holder may incur due to the temporary or permanent limitation of the card’s validity, or due to the cancellation of the right of using the payment card.
    
    
28. The Card Holder is obliged to protect the payment card against mechanical damage and any influence (for example magnetic field) which might damage the record on the magnetic strip or chip of the payment card.
    
    
29. Should the payment card be retained by an ATM the Card Holder is obliged to come immediately to the branch or the post office which takes care of the ATM asking for the return of the retained payment card, or via the telephone number given on the ATM inform the respective bank of the retention of his payment card. Should the payment card not be demanded within 3 calendar days following the retention it shall not be returned to the Card Holder in any case. The Card Holder is obliged to ask CSOB to limit the validity of the payment card retained by an ATM.
    
    
30. Upon request, or on the expiry date the payment card shall have to be given back to CSOB via the CSOB branch which keeps the account to which the payment card was issued. Should the payment card not be returned CSOB is entitled to limit the validity of the payment card at the Account Holder’s expense with the exception of automatic renewal of the electronic payment card Maestro or Electron: the client receives a new automatically renewed card without having to return the expired one.

     

Changes in the data about the Card Holder

31. The Account Holder is obliged to inform CSOB of any changes in the data concerning payment cards issued to his accounts and holders of these cards provided to CSOB with respect to the issuance of the respective payment cards (for example changes in the address, surname, telephone number). The Account Holder is responsible for any damages incurred due to the non-adherence to this duty.
    
    
32. The Card Holder is entitled to ask for changes applicable to the payment card issued in writing. The request shall have to be delivered to the CSOB branch which keeps the account to which the payment card has been issued. Changes in the payment limit of the card, insurance, supplementary services and request for repeated issuance of the PIN shall have to be approved by the Account Holder in writing.

Statements and Complaints

33. The Account Holder is informed of transactions disclosed in his account in the form of an account statement. There are particular transactions with the number of the payment card in brief, place, date of transaction and currency so that the transactions made by the payment card are disclosed with a delay in accordance with the rules of card associations. CSOB shall settle all transactions no later than the next working day following the receipt of the report of transactions to be settled. Should there be any doubt about the payment made, CSOB is entitled to disclose it within 45 calendar days, after the receipt of the report of transaction. Pursuant to Law No. 21/1992 of the Collection on Banks as subsequently amended CSOB shall maintain internal records enabling it to search for operations and correct mistakes for a sufficient period of time. The Account Holder and the Card Holder are obliged to check regularly the transactions made by the payment card, or to do so with the use of electronic information channels, which is, among other things, necessary for lodging complaints in time.
    
    
34. The Account Holder bears in mind the method of settlement of transactions made by payment cards including those made in foreign countries. As regards the settlement of transactions made by payment cards in foreign countries it is impossible to claim any amounts due to exchange differences between the date of transaction and the date of settlement. An exchange difference may also occur in conversion of the settlement currency and the subsequent conversion to the currency of the account. Should a credit transaction be made in addition to a debit transaction and this is executed by a commercial outlet which is included in the processing of another bank than CSOB, the latter shall not be responsible for any potential difference in converted amounts caused due to time difference of the disclosure of the debit and credit transactions.
    
    
35. Should a transaction made by the payment card be settled with which the Card Holder does not agree he is entitled to lodge a complaint. The Card Holder, or the Account Holder as the case may be, is obliged to file the complaint no later than 2 months following the date of the transaction at the CSOB branch which keeps the account to which the payment card is issued in the form intended therefore. The Account Holder, or the Card Holder as the case may be, is obliged to deliver all documentation available concerning the disputed transaction (in particular copies of slips, documents of the cancellation of transaction, or copies of account statements with the marked claimed transaction as the case may be). CSOB shall inform the Card Holder, or the Account Holder, of the result of the complaint within 30 days, or 180 days should it be an extraordinarily complicated transaction.
    
    
36. CSOB is entitled to require the Card Holder or the Account Holder to deliver further documentation concerning the claimed transaction. Should such documentation not be delivered to CSOB by the agreed upon deadline CSOB is entitled to stop the respective procedures.
    
    
37. Unjustified complaints are charged by CSOB with the fee in accordance with the CSOB Price List.
    
    
38. Should the Client claim a disputable operation or seek another remedy at CSOB without any success he is entitled to contact the respective court, or the Financial Arbitrator as the case may be, who settles disputes between issuers and Card Holders in the issuance and use of electronic payment instruments pursuant to Law No. 229/2002 of the Collection on the Financial Arbitrator as subsequently amended.

Loss/theft/misuse of the payment card

39. The Card Holder, or the Account Holder as the case may be, is obliged to inform CSOB of any loss, theft or misuse of the payment card immediately after he learns of the above-mentioned events. Should the misuse of the payment card be announced the Card Holder is obliged to give the payment card back to CSOB immediately. Information (announcement of a loss, theft or misuse of the payment card) shall be provided by the Card Holder or the Account Holder by phone to the number which is given to the Card Holder upon the receipt of the payment card. The announcement of a loss or theft of the payment card may be also executed by a third person (hereinafter referred to as the “reporting person“).
    
    
40. The reporting person shall inform CSOB of all circumstances surrounding the loss or theft of the payment card and should he not know the number of the payment card he shall provide other data for the identification of both the Card Holder and the payment card (for example the account number, birth number, or a password agreed upon with CSOB etc.). CSOB is entitled to make records of announcements by phone. CSOB shall give the reporting person during the call an identification code by which it confirms the announcement of the loss or theft of the payment card by phone.
    
    
41. The validity of each card which is reported lost, stolen or misused shall be permanently limited. CSOB shall not be responsible for any damages the Account Holder or the Card Holder may incur due to the permanent limitation of the payment card’s validity.
    
    
42. The announcement by phone must be confirmed in writing at any CSOB branch no later than the first working day following the announcement by phone. Should the announcement by phone be made from a foreign country it must be confirmed in writing no later the first working day after the Card Holder arrives in the Czech Republic. The Card Holder shall put the respective identification code in the confirmation.
    
    
43. The responsibility of the Account Holder for transactions made by a lost, stolen or misused payment card shall be terminated immediately upon the announcement by phone in accordance with Paragraph 40 (via the telephone number given by CSOB for these purposes) except for transactions whose time of transaction cannot be found in the slip or authorisation system. As for these type of transactions the responsibility of the Account Holder shall be terminated at 12:00 midnight of the day in which the event in accordance with Paragraph 40 is announced by phone and when CSOB shall take over the responsibility for these transactions. However, CSOB shall not be responsible for any potential damages caused by transactions made by payment cards in which the PIN was used or the Card Holder committed a fraud.
    
    
44. Should the loss, theft or misuse of one card from the set of cards be announced CSOB will automatically issue a substitute payment card with the original validity. Unless the Card Holder takes over this substitute payment card he shall be obliged to hand over the remaining card from the set otherwise CSOB shall permanently limit the validity of the remaining payment card at the expense of the Account Holder.
    
    
45. Should the Card Holder or the Account Holder as the case may be recover the payment card after CSOB is informed of its loss or theft, the payment card shall not be used any more and shall have to be given back to CSOB.

     

Limitation of the payment card validity at the request

46. The Card Holder, or the Account Holder may ask at the CSOB branch for the temporary or permanent limitation of the payment card (as for payment cards with a chip only permanent limitation of the validity is applicable) in writing. The Account Holder may ask for limitation of validity of all payment cards which have been issued to his account while the Card Holder may ask only for limitation of the validity of such payment card which he is entitled to dispose of. CSOB shall not be responsible for any damages the Account Holder or Card Holder may incur due to the temporary or permanent limitation of payment card validity.
    
    
47. CSOB shall be responsible for damages caused by the potential misuse of the payment card whose validity was temporarily or permanently limited beginning from the first calendar day following the date of the delivery of the application for payment card validity limitation at the CSOB branch. Temporary limitation of the payment card validity shall apply only to authorised transactions.
    
    
48. Temporary limitation of the payment card validity may be cancelled only by the person who asked for it, which has to be done in writing at the CSOB branch to which the application for payment card validity limitation has been delivered. The payment card shall be active the next working day following the receipt of the application by CSOB.

Emergency Assistance - Abroad

49. Should the payment card be lost or stolen in a foreign country the Card Holder may ask for the issuance of an emergency payment card or emergency cash to cover necessary expenses. The application for the provision of a substitute emergency payment card or emergency cash shall be executed by the Card Holder via the phone number which is given to the Card Holder when the payment card is given to the client and is to be used for the announcement of a loss or theft of the payment card. Holders of Maestro and Electron shall be provided neither with an emergency payment card nor emergency cash.
    
    
50. CSOB is entitled to refuse to provide emergency services. If emergency services are provided, CSOB shall inform the applicant of the place and manner of the receipt of the emergency payment card or emergency cash and shall provide for the satisfaction of the request via a member of the association for emergency services in the locality given.
    
    
51. The emergency payment card is usually issued with a shorter period of validity in comparison to the original lost or stolen payment card, cannot be used in ATMs (because there is no PIN) and has no chip. The holder of the emergency payment card is obliged to give it to CSOB immediately after his arrival to the Czech Republic. The issuance of the emergency payment card or emergency cash shall be charged in the form of a fee in accordance with the CSOB Price List. 

 

Final Provisions

52. The Account Holder is entitled to cancel the Card Holder’s right to use the payment card any time in writing which must be delivered to the CSOB branch which keeps his account while the respective card is given back to CSOB. The cancellation of the Card Holder’s right to dispose of the payment card shall not relieve the Account Holder from the responsibility for the transactions made by this payment card until the right to use the card is cancelled. Should the Account Holder not be able to give the card back to CSOB for serious reasons he is obliged to ask for the permanent limitation of the validity of such payment card.
    
    
53. The cancellation of the Card Holder’s right to use only one card of the set, or the cancellation of the automatic renewal of one payment card of the set is not allowed and is always held as the cancellation of the cardholder’s right to dispose of the whole set of cards, or cancellation of automatic renewal of the whole set of cards.
    
    
54. Should the Account Holder die the validity of payment cards of particular holders may be permanently limited in accordance with the instruction given by the Account Holder to CSOB before his death. CSOB shall not be responsible for any damages the Card Holder may incur due to permanent limitation of the payment card validity.
    
    
55. CSOB shall have the right to block amounts deposited in the respective account to which the payment card has been issued for at least one month or three months (as the maximum) after the payment card validity has expired, or refuse early termination of time deposits intended for the security of the payment card.
    
    
56. These Terms and Conditions shall become effective on April 1, 2005 while the Terms and Conditions for Payment Cards of CSOB Clients of April 1, 2003 cease to be effective. CSOB is entitled to change them, amend or cancel by the issue of a new version. CSOB shall inform the Account Holder via the statement of account to which the payment card has been issued no later than one month before effects. Unless the Account Holder gives his written protest against the new version of the Terms and Conditions and returns the respective payment cards to the CSOB branch which keeps his account by the date of effectiveness he shall be obliged to adhere to it. Valid Terms and Conditions shall be available at all CSOB branches.

Ceskoslovenska obchodni banka, a. s.

* For example in case of force major or disconnection of electrical energy, breakdown of machines, data processing systems, communication lines, strike etc.