AI Summary of Article 89 Payment service providers' liability for non-execution, defective or late execution of payment transactions
Where a payment order is initiated directly by the payer, the payer's payment service provider is liable to the payer for correct execution unless it proves that the payee's payment service provider received the amount in accordance with Article 83(1); in that case the payee's provider is liable to the payee. The payer's provider must, without undue delay, refund any non‑executed or defective payment and restore the debited account; the payer's credit value date must be no later than the debit date. The payee's provider must place funds at the payee's disposal and value date no later than the date that would have applied if the transaction had been correctly executed. On request, the payer's provider must trace the transaction and notify the payer free of charge, and ensure appropriate value dating where execution is late.
Where a payment order is initiated by or through the payee, the payee's payment service provider is liable to the payee for correct transmission to the payer's provider in accordance with Article 83(3) and for handling under Article 87; if liable it must re‑transmit and ensure immediate availability and correct value dating. If the payee's provider is not liable, the payer's provider is liable to refund and restore the payer's account, unless it proves the payee's provider received the amount. On request, the payee's provider must trace the transaction and notify the payee free of charge. Payment service providers are also liable to their users for charges and any interest resulting from non‑execution, defective or late execution.
Article 89 Payment service providers' liability for non-execution, defective or late execution of payment transactions
1. Where a payment order is initiated directly by the payer, the payer's payment service provider shall, without prejudice to Article 71, Article 88(2) and (3), and Article 93, be liable to the payer for correct execution of the payment transaction, unless it can prove to the payer and, where relevant, to the payee's payment service provider that the payee's payment service provider received the amount of the payment transaction in accordance with Article 83(1). In that case, the payee's payment service provider shall be liable to the payee for the correct execution of the payment transaction.