Cardholder’s Liability Clause Samples
The Cardholder’s Liability clause defines the extent to which a cardholder is responsible for unauthorized or fraudulent transactions made with their card. Typically, this clause outlines the circumstances under which the cardholder must report lost or stolen cards, and may specify monetary limits on liability if the cardholder acts promptly. Its core function is to allocate risk between the cardholder and the card issuer, ensuring both parties understand their responsibilities and the protections in place in cases of card misuse.
Cardholder’s Liability. 6.1. Except in cases of contributory negligence on the part of card complete (see 6.2.2. and 6.3.), the Cardholder is liable for losses resulting from the unauthorised use of a lost or stolen Card or fraudulent use/misappropriation of a Card:
6.1.1. if caused by minor negligence on the part of the Cardholder, up to a maximum amount of EUR 50.–
6.1.2. if caused by gross or wilful negligence or fraudulent collusion on the part of the Card- holder, up to the amount of the actual loss. In this context, a breach of the Cardholder’s duty of care may be understood as a violation of the conditions for issuance and use of the Card.
6.2. The Cardholder is not liable for losses under 6.1.1. if
6.2.1. the loss, theft or misappropriation of the Card was not detectable to the Cardholder prior to the payment (except where the Cardholder has acted fraudulently) or
6.2.2. the loss was caused by acts or lack of action of an employee, agent or contractor (outsourced activity) of card complete.
6.3. Notwithstanding the provisions of Item 6.1., the Cardholder is not liable for losses if card complete failed to require strong customer authentication (SCA) for the payment transaction.
6.4. As soon as card complete has received notice of the loss, theft, fraud or otherwise unauthorised use of the Card (or as soon as card complete blocks the Card of its own accord), the Cardholder is released from all liability for any losses incurred thereafter.
6.5. The Cardholder is not liable for losses described in Item 6.1. if card complete fails to allow or accept immediate notification of loss, theft, fraud or otherwise unauthorised use of the Card or if card complete fails to prevent further use of the Card after receiving such notification.
6.6. The release of the Cardholder from liability described in Items 6.3., 6.4. and 6.5. does not apply if the Cardholder has acted with fraudulent intent.
6.7. Any division of liability between card complete and the Cardholder will take into account the type or quality of personalised security features used as well as the circumstances under which the loss, theft or fraudulent use occurred. This does not apply if the Cardholder caused the loss through wilful breach of his/her duty of card or through fraudulent intent.
6.8. Items 6.2. and 6.3. and the limitation of liability under 6.1.1. do not apply to card contracts concluded with enterprises as defined in Art. 1 of the Consumer Protection Act.
Cardholder’s Liability. Limits on liability for your VISA Debit Card, when used for point-of-sale transactions: Your VISA Debit Card is so secure that we have reduced your potential liability for unauthorized transfers accomplished with your card under certain circumstances. For Card(s) issued for point-of-sale (POS) transactions, unless you have been grossly negligent or have engaged in fraud you will not be liable for any unauthorized transactions using your lost or stolen Card(s).
Cardholder’s Liability. The Cardholder is liable for all Card Transactions and all costs and expenses (including without limitation legal fees and costs of engaging debt collection agents) that we reasonably incur in enforcing this Agreement and/or recovering any sum owed by the Cardholder to us that we may debit to the Card Account, irrespective of whether the Credit Limit and/or Combined Credit Limit is/are exceeded and/or whether any sales, balance transfer or cash advance vouchers are signed by the Cardholder, without prejudice to our rights under other provisions of this Agreement. Instruction given to us
Cardholder’s Liability. 6.1. Until card complete receives notice from the Cardholder of a potential security breach (see Item 5.7), or until card complete blocks the Card earlier of its own accord, the Cardholder is liable for losses resulting from unauthorised use of the Card by others, but taking into account card complete’s contributory negligence, if any:
6.1.1. in the case of minor negligence on the part of the Cardholder, up to a maximum amount of EUR 150.–
6.1.2. in the case of gross negligence on the part of the Cardholder, for the amount of the actual loss.
6.2. If a Cardholder wilfully neglects his/her duty of care or participates in fraudulent use of the Card, the Cardholder
6.3. is fully liable for all losses arising, regardless of card complete’s contributory negligence, if any. As soon as card complete receives notice from the Cardholder to block the Card, or as soon as card complete blocks the Card of its own accord, the Cardholder is released from all further liability, unless he/she has acted fraudulently. All transaction amounts, charges, fees and any expenses incurred by card complete on behalf of the Cardholder in performance of the contract must be settled by the Cardholder in accordance with Item 7 of the T&C. Invoices are generally issued monthly. The Cardholder must bear any telecommunication costs. According to Art. 8 of the Law concerning Distance Marketing of Consumer Financial Services, the Cardholder has the right to withdraw from (cancel) the card contract within 14 days. The legal cancellation period begins on the day on which the contract is concluded, which is the same as the day on which the Card is delivered to the Cardholder. To exercise this cancellation right, the Cardholder must expressly inform card complete in writing at card complete Service ▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇▇▇ ▇▇▇▇. If performance of the contract under Art. 8 Para. 5 of the Law (FernFinG) has already begun before expiry of the legal cancellation period, card complete is entitled to charge the Cardholder expenses and agreed fees for services already provided before expiry of the cancellation period. This contract is governed by Austrian law.
Cardholder’s Liability. 6.1. The Cardholder is liable for losses resulting from unauthorised use of the Card (but taking into account any contributory negligence on the part of card complete):
6.1.1. if caused by minor negligence on the part of the Cardholder, up to a maximum amount of EUR 150.–
6.1.2. if caused by gross or wilful negligence or fraudulent collusion on the part of the Cardholder, up to the amount of the actual loss.
6.2. As soon as card complete receives notice of the loss, theft, fraud or otherwise unauthorised use of the Card (or as soon as card complete blocks the Card of its own accord), the Cardholder is released from all liability for any losses incurred thereafter.
6.3. The Cardholder is not liable for losses described in item 6.1., if card complete fails to allow or accept immediate notification of loss, theft, fraud or otherwise unauthorised use of the Card or if card complete fails to prevent further use of the Card after receiving such notification.
6.4. The release of the Cardholder from liability described in Items 6.2. and 6.3. does not apply if the Cardholder has acted with fraudulent intent.
6.5. Any division of liability between card complete and the Cardholder will take into account the type or quality of personalised security features used as well as the circumstances under which the loss, theft or fraudulent use occurred.
Cardholder’s Liability. Without prejudice to any of the Corporate Account Holder’s obligations and liabilities hereunder, Cardholder and the Corporate Account Holder shall be jointly and severally liable for that part or the Outstanding Balance in respect of that Cardholder’s Card and all interest and charges referred to in Clauses 7.1 to 7.5 levied in respect of that Cardholder’s Card. A Cardholder is not liable in any way for such part of the Outstanding Balance, interest and charges in relation to the Card issued to any other Cardholder.