GENERAL CONDITIONS ESTABLISHED FOR THE PAYING SERVICE

The present general conditions applicable to payment services are also applicable to the services of acquiring cards as a means of payment ("acquiring") by Paytpv through the virtual TPV integrated in the "booking engine" of AVAIBOOK.

For the purposes of these general conditions, the following definitions shall apply:

  • "Payer": a natural or legal person holding a payment account who authorises a payment order from that account or, in the absence of a payment account, the natural or legal person issuing a payment order.
  • "Payee": a natural or legal person who is the intended recipient of funds which have been the subject of a payment transaction.
  • "Payment service user": a natural or legal person who makes use of a payment service, either as payer, as payee or both.
  • "Payment transaction": an action, initiated by the payer or by the payee, consisting of placing, transferring or withdrawing funds, irrespective of any underlying obligations between the payer and the payee.
  • "Booking engine": technological platform owned by Avaibook On-Line, S.L., in which owners and managers of holiday rentals can manage their bookings, both with "non-transactional" tools (with planning functionalities, calendars, etc.) and transactional tools, through a booking and collection management engine.
  • "Traveller": the holder of the card used to make the payment, through the virtual TPV integrated in the "booking engine" of the holiday rental and, therefore, the payer of the payment transactions.
  • "Client": the owner or manager of the holiday rental who is the beneficiary of the payments made by the "traveller".
  • "Business day": bank business days.

Details of the service provider

"Paytpv On Line Entidad de Pago, S.L." (hereinafter, "Paytpv"), with NIF B95842522, is a Spanish payment entity incorporated in Bilbao, on 14 April 2016, registered in the Mercantile Registry of Bizkaia in volume 5613, folio 155, sheet BI-67969. It is authorised as a payment institution by the Ministry of Economy and Competitiveness and is subject to supervision by the Bank of Spain and the Executive Service of the Commission for the Prevention of Money Laundering and Monetary Infractions. It is duly registered in the Special Register of Payment Entities of the Bank of Spain under number 6874. The registered office is located at 48015 Bilbao, Benidorm street number 1, entrepl. Iz. iz.

Scope of action of the "Client".

The "Client" does not have the status of consumer or microenterprise for the purposes provided for in the regulations on payment services, since it is not a natural person who acts in this contract for purposes outside their economic, commercial or professional activity. In accordance with the provisions of Article 17. 2 of Law 16/2009 of 13 November on Payment Services ("Payment Services Law"), the application of Articles 18, 19, 20, 21 and 22 corresponding to Title III of the Payment Services Law is expressly excluded, as well as its implementing provisions.

Likewise, in accordance with the provisions of Article 23.1 of the Payment Services Law, the application of Articles 24.1, 25.1 last indent of the first paragraph, 30, 32, 33, 34, 37 and 45 corresponding to Title IV of the Payment Services Law is expressly excluded.

Authorisation and revocation of the payment transaction

Payment transactions shall be deemed to be authorised when the payer has consented to their execution.

The payer and his payment service provider shall agree on the manner in which consent is given and the procedure for notification thereof, as well as the regime applicable to the use of the card by the payer, under the terms laid down in the Payment Services Act. The payer may withdraw consent at any time prior to the irrevocability date referred to in article 37 of the Payment Services Act.

In this sense, the payer may not revoke a payment order once he has transmitted to the beneficiary the payment order or his consent for the payment transaction to be executed in the virtual POS integrated in the "booking engine", except with the express consent of the beneficiary.

Receipt and rejection of the payment transaction

The moment of receipt of the payment order, for the purposes of the beginning of the calculation of the period for its execution and consequent transfer to the beneficiary's bank account of the amount of said payment transaction, shall be the working day on which AVAIBOOK notifies Paytpv to proceed with the settlement of the "Client" balance ("Pay-Out") and provided that the amount of the payment transaction has been credited to Paytpv's bank account ("date of receipt"). The Pay-Out procedure will be effected on a daily/weekly basis, at the discretion of AVAIBOOK, which is expressly consented to by the "".

Paytpv may reject the execution of a payment order in the terms foreseen in article 36 of the Payment Services Act, immediately notifying AVAIBOOK and the "Client" of such refusal through the virtual POS and, as far as possible, the reasons for it, as well as the procedure for rectifying possible factual errors that have caused it, unless another rule prohibits such notification.

Payment orders whose execution has been rejected by Paytpv will be deemed not to have been received.

Time limit for execution of the payment transaction

Paytpv will issue the bank transfer in favour of the "Client" on the working day of the "date of receipt", unless the payment transaction is blocked, either by legal imperative, by detection of fraud in the use of the card, or by the existence of an error in the information provided by the payer that is pending rectification. In the event that the "" issues a return order for a payment transaction through the virtual POS, Paytpv will transmit the payment order to the payer's payment service provider on the business day, in accordance with the procedure provided for in the "payment system" to which the card used in the payment transaction to be returned belongs, unless the payment transaction is blocked, either by legal imperative, by detection of fraud in the use of the card, or by the existence of an error in the information provided by the payer that is pending rectification.

Executing Payment Transactions

When Paytpv executes a transaction according to the unique identifier provided by the payment service user (PAN or card number used in connection with the payment transaction), it will be considered correctly executed in relation to the payment service user specified in said identifier. If the unique identifier is incorrect, Paytpv will not be responsible for the non-execution or defective execution of the payment transaction. However, Paytpv will make reasonable efforts to recover funds from the payment transaction.

Notification of unauthorised or incorrectly executed payment transactions

When payment service user becomes aware that an unauthorized or incorrectly executed payment transaction has taken place, he or she must notify Paytpv by e-mail to info@paytpv.com, without undue delay from the moment that Paytpv provided or made accessible to the payment service user the information corresponding to the payment transaction, in order to be able to rectify it.

Dunning procedures at the customer's disposal

  1. Customer Service (SAC)
    Paytpv Payment Institution has a Customer Service, in accordance with the obligations set out in Order ECO/734/2004, of 11 March, on Customer Service Departments and the Customer Ombudsman of Financial Institutions, the purpose of which is to deal with and resolve both complaints and claims made by customers of the entity. The contact details of the CS are the following ones:

    Paytpv On Line Payment Entity, S.L.
    Service.
    1 Benidorm Street. Left Mezzanine. Bilbao 48015.
    e-mail: sac@paytpv.com

  2. The procedure for resolving complaints and claims is described in the Customer Care Service Operating Regulations, which are available to customers at all Paytpv Entidad de Pago branches, as well as on the website (http://www.paytpv.com) and that of the Bank of Spain (www.bde.es).

  3. Complaints to the Bank of Spain Complaints Service
    In the event that the complaint filed with the company's Customer Service Department is rejected or the two-month period has elapsed without the aforementioned Customer Service Department having replied, the customer may file a complaint with the Bank of Spain's Complaints Department:

    Bank of Spain
    Claims Service
    48 Alcalá Street, 28014 Madrid
    e-mail: sjuscr@bde.es

Guarantee measures for the safeguarding of funds received from payment service users

Paytpv shall safeguard the funds received from users of payment services or through another payment service provider subject to the procedure provided for in Article 10.1 a) of Law 16/2009 of 13 November on payment services. In particular, such funds won't never be mixed with the funds of any natural or legal person who is not a payment service user in whose name the funds are held and, if they are still in Paytpv's possession and they have not yet been delivered to the beneficiary by the end of the business day following the day on which the funds were received, they shall be deposited in a separate bank account at a credit institution held by Paytpv, called "customer balances", under the terms set out in Article 17.2 of Royal Decree 712/2010 of 28 May. In accordance with the provisions of Article 10.1 a) of Law 16/2009, of 13 November, on payment services, users of payment services as holders of the funds shall have the right to separate the said account, in accordance with bankruptcy regulations, for the benefit of users of payment services, with respect to possible claims by other Paytpv creditors, particularly in the event of insolvency.

Information

  • Prevention of money laundering and investigation of fraud
    The "Client" undertakes to (i) provide AVAIBOOK, so that it makes available to Paytpv, the information and documentation that Paytpv may require in application of the due diligence and internal control measures required of Paytpv by the regulations on the prevention of money laundering and the financing of terrorism; (ii) to inform Paytpv, through AVAIBOOK, of any variation that affects the information and documentation previously provided to Paytpv in compliance with the provisions of this Agreement, providing updated documentation; and (iii) to collaborate with Paytpv in the prevention and detection of any criminal activity related to money laundering and/or payment fraud, providing the information and documentation of its customers that was requested directly by Paytpv or through AVAIBOOK.
  • Information about Discount Rates

    In compliance with the provisions of Regulation (EU) 2015/751 of the European Parliament and of the Council, of 29/04/2015, as well as Bank of Spain Circular 1/2015, of 24 March, we place at your disposal:

    • Discount rates for each of the card transactions accepted related to its Merchant through the "booking engine". This information can be found in the detailed statement of operations.
    • Information on the Discount Rates applicable to each type of card and Commerce activity, in the format of the TID2 statement, except that relating to the number and amount of payment transactions. This information is available on the website:
      https://www.paytpv.com/Contrato-Afiliacion

Applicable regulations

The provision of the paid service by Paytpv will be governed by the conditions set out in this contract and not provided for in them, by the rules contained in Law 16/2009 of 13 November on payment services, Royal Decree 712/2010 of 28 May on the legal regime of payment services and payment institutions and other applicable Spanish regulations.