The Supreme Court for Civil Matters declares a clause of general terms and conditions of a bank as invalid. The clause in question transfers the liability in case of breach of due diligence obligations or participation in an unauthorized use by the cardholder completely onto the cardholder. The clause did not take into account a possible contributory negligence of the credit card company. Also, the liability of the card holder extends to damages which may occur after a notice of loss or robbery. Both violates the regulations of the payment services act (9Ob46/16d).
Who is responsible?
