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AI Summary of Article 76 Refunds for payment transactions initiated by or through a payee

Member States must ensure a payer is entitled to a refund from the payment service provider for an authorised payment initiated by or through a payee that has been executed where: (a) the authorisation did not specify the exact amount; and (b) the amount exceeded what the payer could reasonably have expected in light of previous spending patterns, the framework contract and relevant circumstances. At the payment service provider's request the payer bears the burden of proving these conditions. The refund is the full amount and the payer's account must be credited no later than the date the amount was debited. For direct debits referred to in Article 1 of Regulation (EU) No 260/2012 the payer also has an unconditional right to a refund within the time limits laid down in Article 77 of this Directive.

The payer may not rely on currency exchange reasons for point (b) where the reference exchange rate agreed with its payment service provider was applied. A framework contract may agree that the payer has no right to a refund where the payer gave consent directly to the payment service provider and, where applicable, information on the future payment was provided or made available in an agreed manner to the payer for at least four weeks before the due date by the payment service provider or by the payee. Member States may require more favourable refund rights for direct debits in currencies other than euro under their direct debit schemes, provided they are more advantageous to the payer.

Version status: Amended | Document consolidation status: Updated to reflect all known changes
Version date: 23 April 2018 - onwards
Version 3 of 3

Article 76 Refunds for payment transactions initiated by or through a payee

1. Member States shall ensure that a payer is entitled to a refund from the payment service provider of an authorised payment transaction which was initiated by or through a payee and which has already been executed, if both of the following conditions are met:

(a) the authorisation did not specify the exact amount of the payment transaction when the authorisation was made;

(b) the amount of the payment transaction exceeded the amount the payer could reasonably have expected taking into account the previous spending pattern, the conditions in the framework contract and relevant circumstances of the case.

At the payment service provider's request, the payer shall bear the burden of proving such conditions are met.

The refund shall consist of the full amount of the executed payment transaction. The credit value date for the payer's payment account shall be no later than the date the amount was debited.