2015 Rabobank
General Conditions
for Corporate Bank Cards
and Credit Cards
2015 Rabobank General Conditions for
Corporate Bank Cards and Credit Cards
A Definitions
1 Definitions
For purposes of these conditions, the following terms will have the following meanings:
bank: the bank with which the accountholder has entered into an agreement;
bank card: a card that the cardholder can use (inter alia) to dispose of the account and to use other applications as determined by the bank;
spending limit: the maximum amount a cardholder can dispose of using a card;
POS terminal: a device accepted by Rabobank where the cardholder can pay using his card;
payment order: an instruction to carry out a payment transaction given by or on behalf of a cardholder to the bank, or by or on behalf of a beneficiary to his payment service provider;
payment transaction: an act depositing, transferring or withdrawing funds;
credit card: the card that the cardholder can use to dispose of the account up to the spending limit; daily, weekly or monthly
limit: the maximum amount per day, week or month, a cardholder can dispose of using his card; ATM: a device accepted by Rabobank where a cardholder can withdraw cash using his card in
combination with the associated PIN code;
authorised signatory: the person authorised by the accountholder to dispose of the account and/or to use other applications using a card;
information: any notices, confirmations, documents (amendments to) product or other conditions or instructions, account and other statements, commercial and other communications, etc.; information statement: a statement listing the payment transactions and refund transactions that have taken
place using a credit card over a certain period, as well as any re-crediting effectuated during that period;
online service: Rabo Internetbankieren, Rabo Internetbankieren Professional, Rabo Mobielbankieren, Online Bankieren, or any (partial) replacement services and other online services accepted by Rabobank (both jointly and each individually);
agreement: the agreement between the bank and the accountholder in which (previous versions of) these conditions have been declared applicable;
card: a bank card or credit card;
cardholder: the person in whose name the card is registered;
PIN code: a secret, four-digit, personal identification number pertaining to a card;
Rabobank: the bank and/or Coöperatieve Centrale Raiffeisen-Boerenleenbank B.A. (Rabobank Nederland), having its registered office in Amsterdam, the Netherlands, and/or any of the other Rabobanks registered with Rabobank Nederland or any other institution accepted by the bank, both jointly and each individually;
Rabobank Group: the economic unit in which legal entities and companies and/or similar entities organised under foreign or international law are (at any time) affiliated from an organisational point of view, of which unit Rabobank Nederland also forms part;
account: an account kept by the bank in its accounting records for the accountholder, which account can be disposed of using a card;
accountholder: the person or persons, both jointly and each individually, for whom the bank keeps the account;
applications: any and all payments, payment orders, payment transactions, cash withdrawals, and other online and offline (legal) acts as listed on the website or as agreed with the bank, that can be performed using a card;
instructions: the rules, instructions, requirements and restrictions in respect of the use of a card: - as listed on the website;
- of which the accountholder and/or the cardholder has been informed by way of messages in online services;
- that have otherwise been communicated to the accountholder and/or the cardholder; website: www.rabobank.nl and/or any of its subpages and replacement web pages.
2 General provisions
1 The card is strictly personal to the cardholder. Rabobank determines what data will be attached to the card. The card will remain the property of Rabobank. The card, or any part thereof, may not, in any way whatsoever, be modified or copied. 2 Immediately upon receipt, the cardholder is to place his signature on the card in accordance with the instructions. 3 Rabobank will provide the cardholder with a PIN code to use the card. The PIN code pertaining to a credit card can be
changed at a Rabobank ATM.
4 Upon receipt of the card, the cardholder is to activate, or cause activation of, the card in any of the ways described in the instructions. Rabobank will determine whether or not a card is still to be activated and how that is to be done, and will notify the accountholder and/or the cardholder.
5 The card will be valid for a limited period of time. The term of validity of the card will expire on the last day of the month stated on the card. Rabobank may at all times change the term of validity of the card. Furthermore, it may at all times provide the cardholder with a new card.
3 Instructions and conditions
1 The cardholder will use the card and the associated PIN code only for the applications permitted by the bank and subject to the instructions given by the bank. The bank may at all times unilaterally restrict, change, expand or terminate the use of the card and the PIN code for one or more applications. The same holds true for the conditions and instructions applicable to it. The bank will notify the accountholder and/or the cardholder thereof, for example on the website. 2 The bank will be authorised, either temporarily or permanently, to give further instructions for use of the card, including
setting limits, such as minimum and maximum amounts or numbers of units per transaction, order and/or time unit. 3 The bank may at all times amend the instructions with immediate effect. The bank will notify the accountholder and/or
the cardholder of any relevant amendments relating to the card, for example on the website or in a message in an online service, or by amending the general or other conditions applicable to the card. The accountholder and/or the cardholder will be under the obligation to comply with any such instructions in a timely fashion.
4 The accountholder will be under the obligation to ensure that any cardholder is also at all times aware of any and all existing and amended general and/or special conditions and instructions applicable to the card. The accountholder warrants the compliance with such conditions and instructions by each cardholder.
B Use and applications
4 Debiting the account in the event of card use
1 The bank will debit the amounts withdrawn or transferred using the card to the account. The accountholder is to ensure that the balance or the credit limit in such account is adequate to allow such debits.
2 In the event of amounts in currencies other than euros, the bank will debit the euro equivalent of such amounts to the account. The bank will determine the equivalent in accordance with the provisions of the article on “Currencies” in these conditions.
5 Use of the card for (payment) transactions and other applications
1 The cardholder can use his card to dispose of the account via the applications.
2 All payment and other transactions performed using the card will also be subject to the general rules on payment transactions that are applicable to an account. Furthermore, the (special) conditions and instructions applicable to the account and/or online services will apply, all unless expressly provided otherwise in these conditions.
3 If the cardholder can use the card to perform payment transactions as an authorised signatory or (legal) representative, the following provisions will apply. The cardholder may not perform the (payment) transactions until he has taken cognisance of the conditions and instructions referred to above, and acts accordingly. The accountholder will warrant this vis-à-vis Rabobank.
4 The accountholder will be under the obligation to keep the cardholder representing him fully, properly and continuously informed of the then-current conditions and instructions for performance of payment transactions and the use of applications using a card. All (legal) acts performed by the cardholder using a card will be at the expense and risk of the accountholder.
5 The cardholder can use his bank card - either alone or in combination with another tool or device - to do (banking) business with Rabobank and/or with third parties, including entering into an agreement with Rabobank via an online service or performing other legal acts if Rabobank has so agreed with the accountholder and/or cardholder.
The accountholder agrees that Rabobank and the cardholder (as the authorised signatory or the accountholder’s (legal) representative) may agree that the card can also be used for applications relating to (the account of and applications for) the cardholder himself.
6 The cardholder will be deemed (also on behalf of the accountholder) in any event to have accepted any new or modified application that is available using a card and the applicable general or special conditions and instructions if the cardholder has used the new or modified application.
6 Paying and withdrawing cash using a card
1 The cardholder can use his card, either alone or in combination with the associated PIN code, to use ATMs and POS terminals suitable for cards carrying the same logo as the card. When using an ATM or POS terminal, the cardholder must strictly follow the applicable user instructions, including those on the display of the ATM or POS terminal.
2 The cardholder irrevocably agrees to the payment transaction by inserting the card into the ATM or POS terminal and entering the PIN code and pressing the confirmation button (howsoever denominated).
3 In other countries, the cardholder may sometimes have to sign the transaction receipt provided by the POS terminal if use of the PIN code is not possible at such POS terminal. By placing his signature on the transaction receipt, the cardholder irrevocably agrees to the payment order.
4 At some POS terminals, the cardholder can pay using the card without PIN code and without being provided by a transaction receipt by the POS terminal to be signed by the cardholder. In such event the cardholder will irrevocably agree to the payment order by inserting the card into the POS terminal and confirming the payment order on request. 5 The cardholder can use his credit card to pay at companies recognisable by the logo depicted on the credit card, even
if there is no POS terminal. In the event of a transaction without a POS terminal, the data on the card are to be recorded. Such recording takes place by copying the data onto a form to be dated and signed by the cardholder stating the total amount to be paid. By placing his signature, the cardholder agrees to the payment order.
6 The cardholder can use his credit card to pay amounts in euros and in other currencies on the Internet. There are two ways for the cardholder to agree to the payment order:
• by entering his credit card number, the expiry date and the 3-digit number on the back of the credit card on the relevant Internet site of the person whom the cardholder is paying, or
• by entering a personal and secret code on the website and confirming it. Such personal and secret code (for example an S code from the Random Reader or the signing code from the Rabo Scanner) can be created by the cardholder using a tool fit for such purpose made available by Rabobank, such as the Random Reader or Rabo Scanner, the credit card and the associated PIN code of the credit card.
The Internet site of the party being paid by the cardholder will indicate the payment methods available. There will be a maximum amount per payment order and a maximum amount of payment orders per period. Payment orders within the meaning of this article cannot be revoked.
7 The cardholder can use his credit card to withdraw cash at (bank) offices recognisable by the logo stated on the credit card, both in the Netherlands and abroad. The (bank) offices may request simultaneous submission of a valid identity document acceptable to the relevant (bank) office. By placing his signature on the designated form, the cardholder agrees to the payment order.
7 Contactless payments
1 If the bank card includes contactless functionality, the cardholder can also perform contactless payment transactions using the bank card, at a POS terminal for contactless payment, recognisable by the “contactless payments” logo, which logo is also on the bank card.
2 The cardholder can use a certain bank card for contactless payments after he has first, in the Netherlands:
• performed a payment transaction using the relevant bank card and PIN code as described in the article on “Paying and withdrawing cash using a card” in these conditions, or
• used that bank card on a Rabobank ATM to view the balance in the account of which the cardholder can dispose using the relevant bank card.
3 As from a time subsequently to be determined by Rabobank, the accountholder and/or the cardholder may agree with the bank that the cardholder cannot use a certain bank card for contactless payments.
8 Contactless payment without PIN code at a POS terminal
1 The cardholder agrees to a contactless payment order without PIN code by holding his bank card against the POS terminal for contactless payment.
After the cardholder has held his bank card against the POS terminal, the cardholder can no longer revoke the payment order.
Contactless payment transactions without PIN code are not subject to the uninsured risk as described in the article on “Liability of the accountholder”.
2 In the Netherlands and in most other euro countries, there are two maximum amounts for contactless payment transactions. The cardholder can take cognisance of such maximum amounts on the website. If one of the maximum amounts for contactless payment transactions is exceeded, the cardholder will still need to:
1 enter his PIN code and activate the confirmation button (howsoever denominated) for the payment order to agree to the payment order, or
2 insert his bank card into the POS terminal, enter his PIN code, and activate the confirmation button (howsoever denominated) to agree to the payment order.
3 For non-euro countries, the following provisions will apply to contactless payment transactions without PIN code: • each country has its own maximum amount;
• for payment transactions exceeding such maximum amount, the cardholder will at all times need his PIN code; • the cardholder can perform up to two successive contactless payment transactions without PIN code. For each third
successive contactless payment transaction, the cardholder will at all times need his PIN code.
The cardholder can take cognisance of these maximum amounts for the EU countries and for several frequently visited countries on the website.
4 Contactless payment transactions without PIN code will not be deemed to be successive if, in between transactions, the cardholder:
• performs a payment transaction using his bank card and PIN code by inserting his bank card into the POS terminal; • performs a contactless payment transaction using his bank card and PIN code;
• withdraws money from an ATM using his bank card and PIN code; or • views the balance at a Rabobank ATM using his bank card.
9 Contactless payment using the bank card and PIN code at an ATM
The cardholder agrees to a contactless payment order with PIN code by: • holding his bank card against the ATM for contactless payment; • entering his PIN code, and
• activating the confirmation button (howsoever denominated).
10 Chipknip
1 Chipknip is an e-purse in the form of a chip on the bank card onto which a certain cash value could be loaded. After 1 January 2015 Chipknip payments will be discontinued.
2 After 1 January 2015, Rabobank may re-credit the balance in the Chipknip to the account without the cardholder and/or the accountholder requesting Rabobank to do so. Rabobank cannot block the Chipknip after 1 January 2015.
Re-crediting the account is no longer possible at a Chipknip loading point. The cardholder and/or the accountholder can take cognisance of the procedure for requesting re-crediting of the balance in the Chipknip to the account on the website. Rabobank may request the cardholder to return his bank card. After 1 January 2016, Rabobank may charge costs in that respect. The cardholder and/or accountholder can take cognisance thereof on the website.
3 If the Chipknip on the bank card has become unusable or if the bank card has become invalid or has been swallowed, the cardholder may request Rabobank to pay out the balance in the Chipknip, if any. If Rabobank can read out the balance in the Chipknip, Rabobank will re-credit the balance in the Chipknip to the account. If Rabobank cannot read out the balance in the Chipknip due to a technical defect or because the bank card has been swallowed, the following provisions will apply. In such event, Rabobank will determine the balance in the Chipknip based on the data in its accounting records. Within eight weeks of return of the bank card with Chipknip or notice by the cardholder to Rabobank that the bank card has been swallowed, Rabobank will re-credit the balance determined by Rabobank to the account.
4 Rabobank will determine the amount in the Chipknip, inter alia, based on the data stored in the Chipknip. If Rabobank cannot read out such data, the accounting records of Rabobank or third parties engaged by it will constitute conclusive evidence of such amount, save evidence to the contrary.
5 If Rabobank has used its right to re-credit the account as referred to in this article, the balance in the Chipknip will remain unchanged. If, after such re-crediting, the cardholder and/or the accountholder request repayment of the balance by Rabobank, Rabobank’s accounting records, rather than the data stored in the Chipknip, will constitute conclusive evidence of such amount, save evidence to the contrary.
11 Refund transactions
1 The cardholder may use his card for refund transactions at POS terminals fit for such purpose. A refund transaction can be used by a person to whom a payment was previously made using a card (hereinafter to be referred to as the “payer”) to pay, or repay, to the cardholder, an amount previously paid using a bank card or credit card.
If the cardholder uses the bank card for the refund transaction, the bank will re-credit the amount received as a result of the refund transaction to the account linked to the bank card, after the bank has received the relevant amount and the data required to credit it.
If the cardholder uses the credit card for the refund transaction, the amount will be stated as a credit entry in the information statement. The refund transaction will be settled in accordance with the provisions of article 15 of these conditions.
2 Outside Europe, the cardholder will - if the POS terminal so requires - also have to enter his PIN code in the POS terminal. The cardholder may also perform a refund transaction using his card in countries where the cardholder cannot withdraw cash from ATMs or perform payment transactions at POS terminals using his bank card.
3 In the event of a refund transaction, the cardholder will receive a receipt stating at least the following data: date and time of the refund transaction, number of the POS terminal, amount, and a notice that the transaction has been approved. Sometimes, the receipt will also show a signature of the payer.
4 After a refund transaction, the cardholder will have to request the POS terminal receipt (i.e. not just the cash register’s). The cardholder is to check the receipt for the points described above. Furthermore, the cardholder is to retain the receipt.
5 Even if the cardholder has a receipt stating that the refund transaction has been approved, the bank cannot guarantee that the amount will be credited to the account. If the amount is not credited, the cardholder may notify the bank. In such event the “non-received refund transaction” procedure will be initiated. To that end, the cardholder is to submit the receipt stating that the refund transaction has been approved to the bank. Based on that receipt, the bank can see who the payer’s bank is that the bank can request to carry out the refund transaction as yet. The payer’s bank will review and eventually determine whether the amount of the refund transaction will be paid out to the account. The bank does not play any role in that respect.
12 Limits
1 Rabobank will determine both spending limits and daily, weekly or monthly limits for the relevant card, as well as limits per currency and/or per application and/or per banking institution, and/or per country, and/or limits on the number of transactions to be performed by the cardholder and/or the amounts of which the cardholder can dispose, unless agreed otherwise between the bank and the accountholder. The spending limit will depend, inter alia, on the balance in combination with the credit limits, if any, on the account.
In addition to these limits, there may also be derogating limits per ATM or POS terminal, for example depending on the country or the owner of the relevant device.
2 Rabobank may change existing spending limits and/or determine new ones.
3 Rabobank will give the accountholder and/or the cardholder the opportunity to take cognisance of the standard limits of the card (to be changed) on the website.
13 Termination of card use/blocking
1 Each cardholder or the bank may terminate the agreement and/or an individual card. The bank will not be required to refund the paid or advanced costs for a certain period of time for such card, if any. After termination of the agreement, the cardholder is to return the card to the bank at the latter’s request.
2 The cardholder will no longer be permitted to use the card in the following events: • if Rabobank so requests the relevant cardholder;
• if the term of validity of the card has expired;
• if the card is still in, or is returned to, the cardholder’s possession after a report of (suspected) loss, theft, abuse or forgery;
• if the account and/or the agreement are terminated, either by notice or otherwise; • if an administrator is appointed over the balance in the account;
• if attachment is levied on assets of the accountholder in the bank’s possession or recourse is otherwise sought against the account and/or Rabobank so requests;
• in the event of death of, or a guardianship order against, the accountholder;
• in the event that bankruptcy, or an application to that effect, moratorium on payment of debts, or the statutory debt management scheme is declared applicable to the accountholder;
• to the extent that the account is held for multiple accountholders: if any of the accountholders terminates the individual power of disposition in respect of the account; and
• if the legal representative loses that power.
3 The bank may block the use of the card pursuant, inter alia, to reasons relating to: a all situations listed in paragraph 2;
b a considerably increased risk that the accountholder will not be able to perform his payment obligations.
In the event that the card is blocked, the bank will inform the accountholder and/or the cardholder of such fact and the reasons. The bank will not inform the accountholder and/or the cardholder if there is a good reason not to do so, for example for reasons of safety or privacy.
14 Card or PIN code related incidents
1 The cardholder is to follow Rabobank’s instructions in the following events: • (suspected) loss, theft, abuse or forgery of the card;
• if third parties are, or are suspected to be, aware of his PIN code;
• if the card is rejected, swallowed or invalidated by the electronic equipment intended for use of one or more applications. This may occur, inter alia, if:
• Rabobank has revoked the authorisation for use of the card; • incorrect PIN codes are used; • the card is damaged; • the electronic equipment intended for one or more applications is damaged and/or has been adjusted; • the card is not promptly removed from the electronic equipment after using it; • if the card has (otherwise) become unusable.
2 If the cardholder knows of, or suspects, any loss, theft, abuse or forgery of a card, or if the card has not been returned to the cardholder after performing a payment transaction, or if the cardholder establishes that one or more payment transactions have been performed using that card, which were not performed by the cardholder:
• he is to notify the bank or the reporting centre designated by the bank (see the website) forthwith, and immediately cause the card to be blocked;
• if the card is still, or is returned to, his possession after the report, the cardholder will no longer be permitted to use it and must immediately return it to the bank (cut in half) or - if and to the extent that Rabobank so requires - otherwise make it available to Rabobank or destroy it.
3 Rabobank will ensure that the cardholder can report (suspected) loss, theft, abuse or forgery of his card, or the knowledge or suspicion that the PIN code pertaining to the card is known to third parties, to a reporting centre made known by Rabobank, twenty-four hours a day, seven days a week. For more information, see the website.
After taking cognisance of a report by the cardholder as referred to in the foregoing paragraph, Rabobank will immediately take appropriate measures to prevent abuse and the bank will make a new card available to the cardholder as soon as possible.
If the card is still in the cardholder’s possession after a report, the bank will make a new card available to the cardholder. 4 If the card concerned is a credit card, the bank may, at the cardholder’s request, make a temporary credit card with
limited applications available (either directly or through a third party). If a temporary credit card is provided, the bank will notify the cardholder of the limited applications thereof.
5 If a cardholder knows or suspects that his PIN code is known to third parties, he is to report this to the bank or to a reporting centre designated by the bank (see the website) immediately, stating the specification of the card. After taking cognisance of such report, the bank will block any further use of the card.
6 After a report by the cardholder of swallowing of the card, the bank will make the original, or a new, card available to the cardholder as soon as possible.
7 If a card has been invalidated by the electronic equipment intended for use of one or more applications, the bank will make a new card and/or a new PIN code available to the cardholder as soon as possible.
8 If the card has been rejected or invalidated by electronic equipment intended for the use of one or more applications, the bank will notify the cardholder of the reason as soon as possible on request. The bank will not be required to do so if this is necessary for purposes of fraud prevention and/or detection and/or security and/or protection of the interests of other clients.
C Special provisions for credit cards
15 Payment to Rabobank
1 The bank will provide the accountholder and/or the cardholder with periodic information statements. The accountholder will be under the obligation to fully pay the bank the total amount of the payment transactions performed using the credit card - including the temporary credit card - (reduced by any refund and/or re-crediting transactions listed in the same information statement as the payment transactions) at the end of each month. If, at the end of the month, the amount of the refund and/or re-crediting transactions to be received using the credit card exceeds the amount of the payment transactions performed by the cardholder using the credit card that month, the balance will be carried over to the following month. The accountholder or the cardholder may request the bank to credit such balance to the account. 2 This amount may (each time) be paid to the bank in various ways. The bank will determine, and may make interim
changes to, the relevant procedure. Payment may, for instance, be made by: • crediting an account (co-)held by the accountholder;
• disposition by the Bank to the debit of an account and a credit facility, if any, (co )held by the accountholder. In this respect - and to the extent necessary - the accountholder hereby irrevocably grants the bank power of attorney, with the right of substitution, to dispose of any account and credit facility, if any, (co )held by the accountholder with the bank;
• the accountholder issuing to the bank and/or a third party accepted by the bank one or more SEPA direct debit mandates as required by the bank, upon the bank’s demand, in order (each time) to collect the amounts due at the expense of one or more accounts (co )held by the accountholder with Rabobank and/or another financial institution.
16 Re-crediting amounts
1 If the bank has charged the accountholder for one or more incorrect amounts - in connection with the payment transactions performed using the credit card -, the accountholder is to notify the bank in writing not later than thirty days after the information statement showing such amount or amounts may reasonably be deemed to have reached him. In such written notice, the accountholder is also to state the reason for the (alleged) incorrectness. After the bank has received the written notice within the term set, the bank will re-credit the incorrectly charged amount or amounts or the relevant part thereof (to the account). If subsequent investigation by or on behalf of the bank reveals that the relevant amount or amounts had correctly been charged, the bank will again charge the accountholder for such amount or amounts, increased by interest and the costs of re-crediting and/or the investigation, if any.
2 This right to re-crediting will not apply if the payment transaction was performed correctly, but the cardholder has a discussion with the person paid by the cardholder using the credit card, for example because the cardholder has a
complaint about the service provided or because any products ordered by the cardholder have not been delivered. In such event the amount has been correctly charged by the bank, because the cardholder agreed to a payment transaction performed using a credit card according to the procedure described in article 6, for example by inserting the credit card into the POS terminal, entering the PIN code, and pressing the confirmation button (howsoever denominated).
D Miscellaneous provisions
17 Obligations of the cardholder
1 The cardholder will be under the obligation to treat the card and the associated PIN code with due care and to take all reasonable measures to warrant the safety of the PIN code and the card. He is in any event required to follow any instructions to be subsequently determined by Rabobank. Reasonable measures will in any event include:
• always putting the card away and keeping it at a place that is not accessible to others; • memorising the PIN code.
The cardholder will be responsible for the card and the associated PIN code, and the use thereof, from the time that such items are made available to him. Rabobank will inform the cardholder of the precautions to be taken to the best of its ability. The cardholder will be required to take the measures required by Rabobank in order to prevent unauthorised use of the card.
The cardholder must cause the card to be blocked if there is reason to do so. Such reasons will in any event include the situations listed in article 13, paragraph 2, of these conditions.
The cardholder will be required to take cognisance of the current information from or on behalf of Rabobank on the measures to be taken to prevent fraud, inter alia on the website, on a regular basis.
2 The cardholder must always keep the card safe.
The cardholder will be deemed to keep the card safe only if:
• the cardholder keeps the card in his purse or a similar storage place and keeps it out of sight of others when the cardholder is not using it; and
• the cardholder stores the card out of sight of others; and
• the cardholder stores the card such that others cannot reach it unnoticed; and • the cardholder takes good care not to lose the card.
3 The cardholder will be under the obligation always to use the card safely. The cardholder will be deemed to use the card safely only if:
• the cardholder never hands the card over, even if another person wants to be of service to the cardholder, unless the cardholder uses the card at a POS terminal and constantly watches it; and
• the cardholder does not lose sight of the card until the cardholder has safely stored the card; and • the cardholder always checks that the cardholder has received his own card back after use; and
• the cardholder strictly follows the instructions on the ATM or POS terminal about verifying the safety of that ATM or POS terminal; and
• the cardholder immediately contacts the bank or the reporting centre designated by the bank if the cardholder has not received the card back after a payment transaction or a cash withdrawal at an ATM; and
• the cardholder does not use the card if the cardholder knows or suspects that the use of the card is, or may be, unsafe in a certain situation; and
• the cardholder does not allow himself to be distracted while using the card.
The cardholder will be under the obligation to check at least once a day that the card is still in his possession.
4 The cardholder will be obliged keep the PIN code allocated to him secret from all others - including family members, housemates, (joint) accountholders and authorised signatories - and may not state such PIN code on the card.
The cardholder will be under the obligation to destroy the letter by which the cardholder receives the PIN code immediately after opening and taking cognisance of the PIN code.
The cardholder will be required to memorise the PIN code.
If the cardholder is really unable to remember the PIN code, the cardholder may make a note of the PIN code, but only if the cardholder can do so in a way that prevents the PIN code from being recognisable for third parties and the cardholder does not keep such note with or on the card.
If the cardholder chooses or changes his own PIN code, the chosen PIN code should not be easy to guess.
5 The cardholder will be under the obligation to use the PIN code allocated to him safely. The cardholder will be deemed to use the PIN code safely only if:
• the cardholder takes all such precautions as may be necessary to prevent others from seeing, reading or otherwise gaining knowledge of the PIN code when the cardholder enters the PIN code in, for example, an ATM or POS terminal;
• the cardholder does not accept any assistance from others in entering the PIN code;
• in the event that the cardholder chooses or changes his own PIN code, the chosen PIN code is not easy to guess. Non-compliance with the provisions of this article by the accountholder and/or the cardholder will lead to liability on
the part of the accountholder in accordance with the provisions of the article on “Liability of the accountholder” (and if the cardholder is an authorised signatory, also to liability of the cardholder in accordance with the article with the same heading).
18 Liability of the accountholder
In the following situations, the accountholder will be - jointly and severally - liable for any use of the card, and the consequences thereof, even after an obligation to return or destroy the card has arisen.
a An accountholder will be fully liable in the event of wilful misconduct or gross negligence on the part of the accountholder and/or the cardholder, all without prejudice to the bank’s obligation to mitigate the (occurrence of) damage.
Wilful misconduct or gross negligence on the part of the accountholder and/or the cardholder will in any event be deemed to exist if the cardholder has failed to keep the PIN code secret and/or to warrant the safety of the card, and if any unauthorised payment transactions have been performed using the card or the card has been unlawfully used. Furthermore, wilful misconduct or gross negligence on the part of the accountholder and/or the cardholder will include
the cardholder’s performance of unauthorised payment transactions, which have occurred as a result of the cardholder’s fraudulent acts or intentional or grossly negligent failure to perform one or more obligations in relation to the card. b Furthermore, an accountholder will be liable for the consequences of any unauthorised use prior to the time of the
relevant cardholder’s reporting (suspected) loss, theft, abuse or forgery of the card, or of the knowledge or suspicion that the PIN code pertaining to the card is known to a third party, all to a total amount of one hundred and fifty euros (EUR 150) if the card has been used in combination with the associated PIN code. Without prejudice to the provisions of this article, however, an accountholder will not be liable for the consequences of unauthorised use of the card for parking ticket dispensers, car parks and/or toll roads. This must, however, relate to payment transactions within the meaning of article 6, paragraph 4, or article 8, paragraph 1, of these conditions, and the cardholder must have fully observed the instructions given by or on behalf of Rabobank, the agreement and the provisions of the applicable conditions.
c The limitation of liability set forth under b will expire:
• if Rabobank can demonstrate that the cardholder failed to report such an incident promptly upon discovery to the reporting centre designated by Rabobank, all in respect of the amount of the unauthorised payment transaction(s) that may occur as from such time until the time of reporting;
• if Rabobank can demonstrate that the unauthorised payment transaction(s) could take place because the cardholder failed to observe the obligation to keep the PIN code allocated to him secret, all in respect of the amount of the unauthorised payment transaction(s) that may occur as from such time until the time of reporting.
d The amount referred to under b for which the accountholder is liable will be increased by the amount of the unauthorised payment transaction(s) that may occur as from three workdays following provision by Rabobank of the bank statement or other statement showing the unauthorised payment transaction for the first time until the time of reporting.
e The amount for which an accountholder is liable pursuant to paragraphs b, c or d will not exceed the individual limits applicable to the relevant cardholder.
19 Liability of the authorised signatory and/or legal representative
The cardholder will be fully liable, jointly and severally in addition to the accountholder, for any use of the card, and the consequences thereof, even after an obligation to return or destroy the card has arisen:
a if and to the extent that the cardholder has used the card contrary to the instructions given by Rabobank, the agreement and the provisions of the applicable conditions;
b in the event of wilful misconduct or gross negligence on the part of the cardholder, all without prejudice to the bank’s obligation to mitigate the (occurrence of) damage;
c if such use takes place before the time of reporting (suspected) loss, theft, abuse or forgery of the card, or of the knowledge or suspicion that the PIN code associated with the card is known to third parties, to the extent that Rabobank can demonstrate that:
• the authorised signatory has failed to report any such incident to the bank or the reporting centre designated by the bank promptly upon discovery;
• the unauthorised transaction(s) could take place because the cardholder had failed to comply with his obligation to keep the PIN code allocated to him secret.
The amount for which the cardholder will be liable pursuant to the situations referred to under c will not exceed the individual limits applicable to him.
20 Limitation/exclusion of liability
1 Rabobank will not be liable for:
a the consequences of the inability - for any reason whatsoever - to use, or to continue to use, the card and/or any application;
b any refusal - for example by a third party, a bank office or an automated payment transactions system - to accept the card for any reason whatsoever;
c non-up-to-date, incorrect or incomplete (balance) information, information statements and/or calculations; d non-performance or defective performance of the card;
e non-performance or defective performance of any (internet and/or telecommunications) services and/or hardware and/or software of the accountholder and/or the cardholder and/or Rabobank that are necessary for the use of the card;
f unauthorised use of a PIN code and/or a card until such time as the bank has received a report thereof as described in the article on “Card or PIN code related incidents”;
g any acts or omissions on the part of the accountholder and/or the cardholder contrary to any provision of the agreement and/or these general conditions and/or any other conditions that are (also) applicable to the card; and/or h the accountholder’s and/or the cardholder’s failure to follow, or to follow completely and/or punctually, Rabobank’s
instructions.
2 Rabobank’s liability as referred to in this article and/or in Article 7:548 of the Dutch Civil Code [Burgerlijk Wetboek] will completely expire in the event of abnormal and/or unforeseen circumstances beyond Rabobank’s control, the consequences of which could not be prevented, despite all the precautions, as well as if Rabobank is under statutory obligations. Such circumstances will in any event include impending or manifesting or existing:
• international conflict;
• violent, terrorist or armed action;
• measures of any national, foreign or international government; • measures of any national, foreign or international (regulating) agency; • boycott campaign;
• industrial actions at third parties or by internal staff;
• failure of electricity supply, communications connections, or of hardware or software of the Rabobank or third parties; • natural disaster; • fire; • flooding; • robbery; • nuclear disaster; • pandemic; or
• other situations of force majeure.
3 If Rabobank is liable, Rabobank’s liability will be limited to the obligation vis-à-vis the accountholder by way of damages to compensate only lost interest to a maximum of two hundred and twenty-five euros (EUR 225) per failure and per series of connected failures. Rabobank will not be liable for any other direct or indirect damage.
21 Information
1 Rabobank will provide the accountholder with (account) information and/or will give him the opportunity to take cognisance of (account) information in a manner to be determined by Rabobank, including but not limited to electronic provision of (account) information, which (account) information will, for example, state the amounts of the payment transactions performed using the card.
2 Rabobank will be required to make information available to only one accountholder. Such accountholder will be under the obligation to provide such information to the other accountholders and/or, to the extent necessary, cardholders and/or (substituted) authorised signatories as well.
3 The accountholder will be under the obligation immediately to verify the (account) information provided to him by Rabobank. If Rabobank provides him with the ability to take cognisance of (account) information (for example via an online service), the accountholder is to verify the (account) information at least every workday.
4 The accountholder is to notify the bank immediately of any incorrectness in such (account) information.
5 The contents of the (account) information provided and/or made available by Rabobank will be deemed to have been approved by the accountholder if the accountholder has not disputed it within thirteen months after the (account) information may be deemed to have reached the accountholder. If the (account) information contains any calculation errors, Rabobank will have the right and the obligation to correct such calculation errors, even after the said thirteen-month term has expired.
6 Rabobank will be entitled to:
• make all data that are at its disposal relating to the accountholder and/or the cardholder in the broadest sense, including the agreement, the account and the rights and securities (also) attached thereto, available to all Rabobank Group divisions for purposes of efficient business operations. This will also include the group level acceptance policy, the management of the relationship with the accountholder, and the provision of data with a view to performance of the agreement between the accountholder and Rabobank, the provision of advice to the accountholder, and activities focusing on warranting the safety and integrity of the financial sector;
• process, or cause the processing of, all (personal) data relating to the accountholder and/or the cardholder, and data of payment orders abroad;
• provide all (personal) data relating to the accountholder and/or the cardholder in the broadest sense, that are at its disposal, to any successor in title of Rabobank.
7 For security reasons, Rabobank may retain (historic) data in respect of the payment transactions performed using the card of the cardholder, as well as on Internet us, such as IP addresses, equipment, devices, software and sessions using our systems if the use of a card was involved. Such data will be used, in connection with the data already known about the accountholder and/or the cardholder, inter alia for the purpose of improving the safety of banking and optimising the organisation of Rabobank’s services. Rabobank reserves the right to request additional data from the accountholder
and/or the cardholder if the occasion arises. Such additional data may be combined by Rabobank with the data already in Rabobank’s possession.
22 Evidence
All data retained by Rabobank, for example about the performance or the use of the agreement, an account, a card, an online service or a PIN or other security code, will constitute conclusive evidence vis-à-vis the cardholder and/or the accountholder. The foregoing provision will also apply to any data of others engaged by Rabobank. The cardholder and/ or the accountholder will at all times have the right to submit evidence to the contrary. The article in the General Banking Conditions on “Evidentiary Value and Retention Period for Banking Accounts” will also remain in effect.
23 Currency
Any amounts due pursuant to the agreement, a power of attorney, if any, these general conditions and/or any instructions will be charged to the accountholder in euros.
Any payment transactions in currencies other than in euros will be converted into euros according to a procedure, and at an exchange rate and exchange rate date, to be determined by the bank.
The bank may thereby use an exchange rate margin. The bank may at all times change the value date, exchange rate date, exchange rate, conversion method and exchange rate margin.
E Final provisions
24 Costs
1 The bank will be authorised to charge the accountholder (periodically) for costs in respect of the provision and/or the use of a card. In addition, the bank will be authorised to charge costs for (legal) acts performed and/or to be performed by the cardholder using a card.
2 The bank may at all times change such costs, the payment date, the calculation period and the calculation method. The bank will notify the accountholder of any such changes, for example on the website or via a message in an online service.
25 Merger/assignment/demerger/pledge
1 All powers, rights and obligations of the bank and/or Rabobank may, after a legal merger or after a legal demerger of the bank and/or Rabobank, (also) be exercised or performed, as the case may be, independently - and jointly and severally - by the successor(s) in title of the bank and/or Rabobank.
2 The bank may assign or pledge all or part of the rights under the agreement and/or the legal relationship(s) between the bank and the accountholder and/or the cardholder, together with the (ancillary) rights attached thereto, to, or enter into an agreement for financial security with, a third party. By allowing these conditions to become applicable, the accountholder and/or the cardholder have granted consent to that effect to the bank in advance.
3 After a merger or demerger, or an assignment or pledge, or an agreement for financial security, any reference in the deed and in the (general) conditions declared applicable therein to the “bank” or to “Rabobank” will be understood as, or will be understood to include, the successor(s) in title of the bank or Rabobank.
26 Other Rabobank
The bank stipulates, for the benefit of any other Rabobank, that any such other Rabobank can and may irrevocably exercise all rights and powers as set forth in the agreement and the (general) conditions that are, or will become, applicable to a card or the agreement, and can and may irrevocably require performance of the obligations as set forth therein. Furthermore, the bank may, for such purposes, make any such further arrangements with another Rabobank as the bank may deem conducive or necessary.
27 Amendments and additions to the general conditions
Rabobank will at all times be authorised to make additions or amendments to and/or to replace all or part of these general conditions, electronically or otherwise, and/or to declare special conditions applicable. It will, electronically or otherwise, notify the accountholder and/or the cardholder of any such additions, amendments and/or replacements and/or the special conditions at least thirty days before the effective date thereof, or give the accountholder and/or the cardholder the opportunity to take cognisance thereof.
If the accountholder and/or the cardholder do not agree to any addition, amendment and/or replacement and/or the special conditions, they must notify the bank thereof in writing within the said thirty-day term. Furthermore, they must return the card to the bank before the end of such thirty-day term or, if and to the extent that Rabobank so determines, otherwise make the card available to the bank or destroy it.
If the accountholder and/or the cardholder do not agree to any addition, amendment and/or replacement and/or the special conditions, as a result of which that accountholder or that cardholder, as the case may be, have returned the card to Rabobank before the end of the said thirty-day term, that accountholder or that cardholder, as the case may be, may no longer factually use any other services provided by Rabobank that require the use of the card.
28 Credit Registration Bureau and other information systems
Rabobank is registered with the Credit Registration Bureau (Stichting Bureau Krediet Registratie - BKR) in Tiel, the Netherlands. As a result, Rabobank has, inter alia, the following rights and obligations.
Pursuant to the BKR requirements and other regulations , Rabobank has, under certain circumstances, the right or the obligation to consult data on the accountholder held by BKR. For example, when the accountholder applies for a credit card for another accountholder or cardholder, all accountholders being private individuals will be assessed.
Pursuant to the BKR requirements, Rabobank has, under certain circumstances, the right or the obligation to make reports to BKR.
29 Declaration of inapplicability of laws and regulations
Articles 516 519, 520 (1), 522 (2), second sentence, and (3), 527, 529 531, 534, 543, 544 and 545 of Book 7 of the Dutch Civil Code, as well as the regulations based on Title III of the directive referred to in Article 7:514 of the Dutch Civil Code, are not applicable to the agreement and these general conditions.
30 Address for service
A cardholder who does not have an address known to the bank will be deemed to have chosen address for service at the head office of the bank, where all notices and documents destined for the cardholder can be delivered and/or served. The text of these 2015 Rabobank General conditions for Corporate Bank Cards and Credit Cards was filed with the Registry of the District Court for the Central Netherlands on 10 February 2015, under number 27/2015.
Disclaimer:
“This English translation, made by a professional translation agency, only serves the purpose of informing the reader of the contents of the Dutch deed and the general conditions.
In case of any discrepancy or any dispute arising on the interpretation of the deed and the general conditions, the Dutch text shall be decisive. The legal relationship shall be governed by Dutch law.”
© Rabobank Nederland
