Terms and Conditions
PRELIMINARY INFORMATION AND TERMS AND CONDITIONS RELATING TO PAYMENT TRANSACTIONS
1. About RIA
RIA Payment Institution EP, SAU (hereinafter referred to as “RIA” or “we” in all forms), registration number (CIF) A- 80696792, with registered office at Calle Cantabria 2, 28108, Alcobendas, Madrid (Spain), is the holder of the authorization of the Ministry of Economy and Finance of Spain to operate as a payment institution with effect from 28 July 2011 and is authorised to provide payment services in the Czech Republic through its agents for the provision of payment services in the Czech Republic. RIA holds license No. 6842 from the Central Bank of Spain (Banco de España) (details of the license granted to RIA are available at www.bde.es ). RIA can be contacted by post at its registered office address as set out in this document or by telephone at (+42 0224245068).
The purpose of these Terms and Conditions is to establish the rights and basic obligations in the relationship between RIA and its customers when providing payment services regulated by Act No. 370/2017 Coll., on Payment Systems (hereinafter referred to as the “Payment Systems Act”), with the aim of enabling the execution of payment transactions based on orders that RIA receives from the sender for execution (hereinafter referred to as the “individual payment orders”), namely (in relevant cases) by signing the relevant individual contracts that set out the specific terms and conditions of the given payment service.
These terms and conditions apply exclusively to natural persons using the money transfer service offered by RIA for purposes not related to gainful or professional activity.
BY ACCEPTING THESE TERMS AND CONDITIONS, YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE ANY OF OUR SERVICES. THESE TERMS AND CONDITIONS CONSTITUTE A LEGALLY BINDING AGREEMENT AND IT IS IMPORTANT THAT YOU READ THEM CAREFULLY.
2. Definition
The following terms used in these Terms and Conditions have the meaning and scope set out below:
“Effective Date” has the meaning set out in the third paragraph of Article 3 of these Terms and Conditions;
“Date of Receipt” means the day on which an individual Payment Order is deemed to have been received as set out in the first paragraph of Article 8.1 below;
“EEA” means the European Economic Area;
“IBAN” means the International Bank Account Number as defined in Article 5(iv) below;
“individual payment orders” has the meaning given in the second paragraph of Article 1 above;
“Terms and Conditions” means the set of rules set out in this document and any other documents annexed to it or incorporated by reference into it; and
“sender” means the person who issues an individual payment order to pay funds to the beneficiary;
“Funds” means (i) in relation to the receipt of funds from a Sender, the amount received by RIA, including any applicable fees and costs for the payment transaction; and (ii) in relation to the provision of funds to a Recipient, the funds received from the Sender to be paid to the Recipient, net of any applicable fees and costs;
"payment transaction" means an act initiated by the sender or the recipient, as the case may be, consisting in the deposit, transfer or withdrawal of funds, regardless of any related obligations between these persons;
"applicable data protection legislation" means the regulation referred to in the first paragraph of Article 11;
‘money transfer’ means a payment service that allows funds to be received from a sender without opening a payment account in the name of the sender or the beneficiary, for the sole purpose of transferring an equivalent amount to the beneficiary or to another payment service provider acting on behalf of the beneficiary;
“business day” means a day on which the relevant payment service provider of the sender or the payment service provider of the payee involved in the execution of a payment transaction is open for the operations necessary for the execution of such payment transaction;
“Recipient” means the person who is to receive funds from the Sender and who is an individual acceptable to us and who receives the transferred funds through the designated payer provider, by bank transfer to the designated person’s bank account or through our home delivery service (where applicable);
“RIA” or “we” in all its forms has the meaning set out in the first paragraph of Article 1 above;
“Staged Sending Service” means the service available to the Customer, details of which are set out in clause 8.5 below;
“Transaction Data” has the meaning given in the fifth paragraph of Article 8.1 of these Terms and Conditions;
“Payment Provider” means us, a natural person or a legal entity acting as an independent payment service provider or an agent acting on our behalf and who executes the payment of a payment transaction initiated by the sender to the recipient in the destination country specified by the sender;
“customer” means, where RIA is acting as a payment service provider, and in the context of “consumer”, the person of the sender, the recipient or both, where such person is acting for a purpose which is not related to his or her trade or profession;
“Payment System Act” has the meaning given in the second paragraph of Article 1 above.
3. Scope of application and changes
These terms and conditions apply to the following payment services provided in the Czech Republic:
Money transfer.
We may change these terms and conditions from time to time to meet the requirements arising from changes in legal or regulatory requirements or from changes in market conditions.
If we make any changes to these Terms and Conditions, we will do so by email and/or by posting the revised version on the same website where these Terms and Conditions are available. In the event of any change, we will also notify you of the date on which the change will be effective (the “Effective Date”).
Changes to these Terms and Conditions will generally only apply to individual payment orders placed after the effective date, but if we are required to make such changes based on legal or regulatory requirements, they will also apply to individual payment orders placed before the effective date. In any case, and for the avoidance of doubt, it is stipulated that the updated version of these Terms and Conditions replaces any previous version.
4. Customer behavior
When negotiating any products or services related to payment transactions, the customer is considered a "consumer" in accordance with applicable law.
Our obligations under these Terms and Conditions are conditional upon our acceptance of you as a customer, which is at our sole discretion and we reserve the right to refuse to provide you with the Payment Services without giving any reason. You shall promptly provide any information and documents that we may request from you from time to time to enable us to comply with any legal requirements relating to the Payment Services, including those of the Anti-Money Laundering and Anti-Terrorist Financing Act, and you consent to us contacting you for such purposes.
5. Information obligations before executing a payment transaction
The sender and recipient are obliged to provide RIA with information and documents that RIA continuously determines, including, among others, the following:
(i) full name, surname, identity document and other data identifying the sender and recipient;
(ii) the country of destination of the payment transaction;
(iii) the amount and currency of the payment transaction;
(iv) in the case of a payment transaction to the beneficiary's bank account, the international bank account number (hereinafter referred to as "IBAN"), if such bank account has an IBAN code, or the relevant bank account number as the case may be.
(v) Depending on the country of destination:
type of relationship with the recipient;
proof of funds and their source;
the reason for the transfer; and/or
any other information we may require for the transfer to that specific country; and
(vi) any other information or documents supporting this sender and/or recipient information that we may request.
RIA may request additional information from the sender and recipient that it may, at its sole discretion, deem necessary for the purposes of properly executing the money transfer or complying with applicable legal and administrative regulations.
The Sender undertakes to verify the accuracy and completeness of the data relating to the payment transaction, in particular with regard to the identification data of the beneficiary and the economic conditions of the receipt for an individual payment order, which will have a unique number for future traceability, when placing an order with RIA to perform the money transfer services described in Article 3 of these Terms and Conditions. This individual payment order, together with the receipt and these Terms and Conditions, constitutes an individual contract governing such payment transaction for the purposes of the Payment Transactions Act and other relevant local legal regulations.
If a payment transaction is executed in accordance with an individual payment order, it is considered to have been executed correctly in relation to a specific recipient. Therefore, if any data provided by the sender is incorrect due to reasons on the sender's part, RIA shall not be liable for the non-execution or incorrect execution of the payment transaction. For the sake of clarity, the sender shall not be liable for any data that is incorrect due to RIA's fault.
If a payment transaction has been executed in accordance with the unique identifier of the payee, it is deemed to have been executed correctly in relation to the payee identified by such unique identifier (even if the customer has provided information beyond the unique identifier). If the unique identifier provided to RIA was incorrect, the payment service provider shall not be liable for the non-execution or incorrect execution of the payment transaction. RIA shall make reasonable efforts to recover the funds that were the subject of the payment transaction executed on the basis of the incorrect unique identifier provided by the customer.
In accordance with applicable legal and administrative regulations, RIA is authorized to request a valid identity document for each payment transaction and to keep copies of these customer identity documents in optical, magnetic or electronic format in order to guarantee their completeness, correct reading of the data, impossibility of manipulation with them and their proper preservation and localization.
RIA is entitled at any time to request that the amount of the payment transaction be credited to the bank account maintained by RIA.
Furthermore, enhanced control measures will be taken to identify and better know customers in accordance with the requirements of local legislation and also in the event that the amount of a payment transaction, whether individually or in aggregate over a certain period, exceeds such other amount as may be determined by RIA in accordance with its internal procedures in accordance with applicable legislation.
If you have chosen to receive your receipt digitally at any time, you can select the change option when placing your payment order and receive your receipt in paper form.
6. Expenses and applicable fees
For the provision of the money transfer service by RIA, the customer is obliged to pay this company the expenses and fees for the given payment transaction, which will be stated in the receipt for each individual payment order.
The recipient of the payment transaction will be paid in full the amount recorded for each individual payment order issued to the sender, and it is understood that the recipient, in the event that RIA acts as a payment service provider, agrees that RIA will deduct its expenses from this amount before paying the transferred amount.
If the sender's or recipient's payment service provider is a person other than RIA, that payment service provider is entitled to charge fees and taxes associated with the payment transaction.
In the event that three (3) months have passed since the receipt of funds relating to an individual payment order without the payment transaction associated with such individual payment order being paid to the recipient and the relevant funds being returned to the sender for reasons beyond RIA's control, RIA is entitled to charge the customer a monthly fee, which will be deducted from such funds, in order to reimburse RIA for reasonable costs incurred in connection with its efforts to return the unpaid funds to the sender and for its management of the funds while they were in its possession. The maximum fees that RIA is entitled to charge for the costs incurred in accordance with this document are set out in the fee schedule at the end of these Terms and Conditions.
Information regarding the terms and conditions for the provision of money transfer services by RIA is provided to the customer free of charge. However, RIA is entitled to transfer to the relevant customer reasonable expenses incurred in connection with the cancellation of an individual payment order and expenses incurred in connection with the recovery of funds for such an individual payment order in the event that the customer has provided an incorrect unique identifier or in other cases specified in the terms and conditions. For the sake of clarity, it is stated that the customer is not liable for any data that is incorrect due to RIA's fault.
Customers will be informed of the exchange rates that may apply to currency conversions when executing a payment transaction and of any commissions that may apply to the payment transaction, and the customer accepts such exchange rates or commissions by signing each individual payment order.
7. Consent, irrevocability and cancellation of individual payment orders.
Agreement:
The sender's consent to the execution of a payment transaction is granted by signing the relevant receipt for the individual payment order.
RIA is not liable if the customer loses or misuses the receipt evidencing an individual payment order provided by RIA.
Irrevocability:
Once RIA has accepted and/or executed an individual payment order, the sender is no longer entitled to revoke it.
Cancellation of individual payment orders:
The sender is entitled to withdraw his consent at any time before the above-mentioned moment of irrevocability. Thereafter, the sender is entitled to withdraw his consent or cancel an individual payment order only with the consent of RIA. RIA is entitled to charge expenses proportional to the reasonable costs incurred in connection with the withdrawal of the sender's consent or cancellation.
Payment transactions may not be executed if the sender was unable or refused to provide the required information and/or documents necessary to execute the payment transaction, or if RIA's failure to execute the transaction was necessary to comply with RIA's internal control procedures or applicable laws and regulations.
If the sender wishes to cancel an individual payment order, he/she must do so in person. If possible, RIA will carry out the cancellation, but only after verifying that the payment transaction has not been disbursed to the recipient in the country of destination.
If an individual payment order is cancelled, RIA will return the funds to the sender via an agent, via its branch(es) if any, or by deposit into the sender's bank account as agreed with RIA. The sender will be charged reasonable cancellation-related expenses incurred by RIA.
8. Execution of payment transactions
8.1. Acceptance of individual payment orders
The time of receipt of an individual payment order is the moment when RIA has received the individual payment order and the relevant funds. If RIA receives the individual payment order together with the transferred funds, including fees and costs associated with the payment transaction, on a business day before 15:00 (GMT+1), we shall be deemed to have accepted the individual payment order on that business day (hereinafter referred to as the “day of receipt”). If we receive the individual payment order on a business day after 15:00 (GMT+1), we shall be deemed to have accepted the individual payment order on the business day immediately following the receipt of the individual payment order. If the time of receipt of the individual payment order does not fall on a day that is a business day for RIA, we shall be deemed to have accepted the individual payment order on the following business day.
Notwithstanding the above, RIA will endeavour to execute a payment transaction based on an individual payment order immediately upon its receipt by the sender, in which case the time of receipt specified herein shall be replaced by such other time of earlier execution of the individual payment order as will render such order irrevocable in accordance with Article 7 above.
RIA reserves the right to refuse to execute a payment transaction if the sender does not provide RIA with all funds prior to execution, including when the sender initiates a payment transaction via a payment card, or in the event of fraud or suspicion of fraud or any security threats. In the event that RIA refuses to execute a payment transaction, it will notify the sender, stating the reasons for such refusal (if it is possible to communicate these reasons) and information on how to correct any errors that led to the refusal, unless such notification is prohibited by applicable law or regulation.
For the purposes of Article 8.2 below, any rejected individual payment orders will not be deemed to have been accepted.
For each individual payment order, we will provide the sender with the following information in the form of a receipt, either in printed or electronic form:
(i) a reference number enabling the sender to identify the payment transaction and the recipient;
(ii) a unique PIN code for each payment transaction;
(iii) the amount of the payment transaction stated in the currency used in the individual payment order;
(iv) confirmation of any fees and/or costs in connection with the payment transaction paid by the customer that the sender is obliged to pay to us;
(v) the exchange rate we used to make the payment transaction and the amount of the payment transaction after making that currency transfer (if the payment transaction involves a currency transfer); and
(vi) the date on which we accepted the individual payment order
(collectively, “Transaction Data”).
8.2. Execution period and value date
a) Scope. It is expressly agreed that the provisions concerning the execution period and value date shall only apply to payment transactions initiated (i) in euros, (ii) in Czech crowns in the Czech Republic, or (iii) to payment transactions involving only one currency transfer between the euro and the currency of an EEA Member State outside the euro area, provided that the requested currency transfer is to be made in a Member State outside that euro area and (in the case of cross-border payment transactions) the cross-border transfer is to be made in euros.
b) Payment transactions where the customer is the sender. In connection with payment transactions where the customer acts as the sender, RIA shall ensure that the amount of the payment transaction is paid into the account of the payee's payment service provider no later than the end of the business day following the time of receipt of the individual payment order. In the case of individual payment orders processed in paper form, these deadlines shall be extended by one business day.
c) Payment transactions where the customer is the beneficiary. In the case of payment transactions where the customer is the beneficiary, RIA will provide the funds resulting from the payment transaction no later than the business day on which the relevant funds were received from the sender's payment service provider.
In the case of a payment transaction (i) to a non-EEA country which is not to be paid in euros, or (ii) which is subject to conversion into a currency other than the currency of an EEA Member State, the funds will be made available to the payee's payee provider no later than the end of the fourth business day following the date of receipt.
8.3. Protective measures
RIA will have a Guarantee comparable to an insurance contract concluded with an Insurance Company for the purpose of protecting the Funds provided by the Payer in the context of a Payment Transaction. This Guarantee will be in accordance with the terms of Article 16 of Spanish Royal Decree No. 736/2019, of 20 December, on the legal regime of Payment Services and Payment Institutions. Immediately upon receipt of the Funds from a Payment Order – whether directly from the Customer or through another Payment Service Provider (hereinafter referred to as the “Ensured Funds”) – RIA will ensure the protection of these Ensured Funds through an appropriate Guarantee provided by an Authorised Insurance Company or a Licensed Credit Institution. The Ensured Funds will be protected for the entire time they are held by RIA, i.e. until they are paid out to the Beneficiary or made available to the Beneficiary’s Payment Service Provider. The Ensured Funds are not covered by the deposit insurance scheme (Deposit Insurance Fund).
8.4. Payment of an individual payment order
We will pay the recipient the funds resulting from the payment transaction through our payment providers in accordance with our compliance procedures and with the payment methods available in each destination country. If the funds are paid in the form of banknotes, the recipient is required to appear at the designated payment provider in the destination country and receive the payment transaction amount after presenting the payment provider with the transaction details and a valid identification document in the destination country that is satisfactory to the payment provider. Acceptable methods of identification vary depending on the country in which the funds are to be collected. If our compliance procedures are not fully complied with, our payment provider is entitled to refuse payment.
IF YOU ARE ACTING AS A SENDER, YOU MAY NOT DISCLOSE ANY TRANSACTION DATA (WHETHER REDACTED OR OTHERWISE) TO ANYONE OTHER THAN YOUR DESIGNATED RECIPIENT. YOU MUST ALSO TAKE ALL REASONABLE EFFORT TO ENSURE THAT THE TRANSACTION DATA, OR ANY PART THEREOF, IS NOT OBTAINED BY ANYONE OTHER THAN YOUR DESIGNATED RECIPIENT. IF YOU COMMUNICATE ANY TRANSACTION DETAILS DIRECTLY OR INDIRECTLY TO ANYONE OTHER THAN YOUR DESIGNATED BENEFICIARY, WE WILL NOT BE LIABLE IF WE PAY THE FUNDS TO ANYONE OTHER THAN THE BENEFICIARY WHO PROVIDES THE PAYMENT PROVIDER WITH THE TRANSACTION DETAILS AND A DOCUMENT THAT THE PAYMENT PROVIDER CONSIDERS TO BE VALID PROOF OF IDENTITY.
8.5. Staged Sending Service
RIA provides a Staged Sending Service to those shippers who are interested in using it. Through it, shippers can use the RIA app (available for iOS and Android) to make payment transactions, configure the transaction, and then, on the same business day, the transaction is paid in cash or by credit card to the RIA representative providing the Staged Sending Service.
Senders wishing to use the Staged Sending Service must register with the RIA app after downloading it and provide such personal information as RIA may request from time to time, including but not limited to the sender's first and last name, email address, sender's nationality, date of birth, occupation, referral code, and telephone number. To start configuring a payment transaction within the Staged Sending Service via the RIA application, it will also be necessary to provide all the required details of the individual payment order and details of the recipients to whom the sender wishes to transfer money, including the following: the country to which the funds will be sent, details of the recipient (name, surname, nationality and/or identity document, etc.), the amount sent (in euros), the amount to be received by the recipient (in the specified local currency), the method of receipt by the recipient (which includes entities that can make a payment to the designated recipient in the country in which the recipient receives the funds), or the method of payment of the payment transaction by the sender. The sender may cancel an individual payment order during its configuration. Based on the information provided during the configuration of an individual payment order, RIA informs the sender of the costs of the payment transaction before the sender confirms it.
During the registration process for the RIA application and the configuration of any individual payment order, RIA may request that the sender verify the mobile device used by sending an SMS message to the provided mobile phone number, which must be entered into the appropriate fields provided by RIA in the RIA application. The sender must always accept the Privacy Policy and Terms and Conditions before making any payment transaction. RIA will automatically (as part of the basic settings) save the recipient information provided by the sender. Once the payment transaction is configured and confirmed by RIA and the sender, the sender will receive a barcode that will identify the newly configured individual payment order. The sender will then have access to the list of RIA representatives in the application to whom he will be able to pay funds for the payment transaction. RIA will always inform the sender of the amount in local currency to be paid and the amount to be received by the recipient at the destination, and will also provide a breakdown of the payment transaction costs that will be charged to the sender for the amount to be paid. To make a payment transaction, the sender must visit an authorized RIA agent network location that provides the Staged Sending Service and present the barcode of the individual payment order and their valid identification document in accordance with the legal regulations in force at that time. After the RIA agent has verified all this information, they will confirm to the sender that they can make the payment transaction. After making the payment, the sender will receive a receipt for the payment transaction from the agent or via the RIA application. In cases where the agent requests it, the sender must sign the receipt for the individual payment order. In cases where RIA provides an electronic receipt, the sender will not be required to sign the receipt and will only receive a cash payment receipt from the RIA representative, and to obtain a receipt for an individual payment order, the sender must log in to the RIA application. All Staged Sending Service payment transactions must be settled on the same business day by 11:59 p.m. after they have been confirmed and approved through the RIA application. In the event that the sender has not settled the payment transaction, the individual payment order will be automatically cancelled. RIA recommends that senders check the opening hours of the representative before visiting the representative.
9. Payment transactions involving currency conversion and exchange services
RIA will communicate to senders the exchange rates applicable to payment transactions. The exchange rates will always be communicated to the relevant sender before the sender accepts the issuance of an individual payment order and will be stated in the receipt, which will also contain information about the relevant payment.
The payment of the amount of the payment transaction to the recipient based on an individual payment order issued by the sender will be made in the currency and using the payment method offered through RIA (for example, in cash or by crediting the recipient's bank account) as agreed between RIA and the sender. If the recipient agrees with his service provider to convert the amount to be paid into another currency or change the payment method, this will be a separate transaction, separate from the individual payment order sent by RIA, and a transaction only between the recipient and his service provider.
RIA reserves the right to reject any individual payment order that, in accordance with its internal regulatory control measures, requires further verification and prevents its immediate execution.
10. Payment transactions that were unauthorized or not executed properly
If the Customer becomes aware that a transaction has occurred that was unauthorised or not properly executed, the Customer is obliged to notify RIA without undue delay so that remedial action can be taken via RIA Customer Service (see Article 15 below for contact details). The Customer may be asked to provide information relating to such payment transaction and/or any other information specified by RIA for identification purposes.
Except in cases where RIA has not provided or made available to the Customer the information corresponding to the payment transaction, the notification referred to in the previous paragraph must be made no later than thirteen (13) months from the date on which RIA has received or, where applicable, paid the amount of the payment transaction to the recipient.
If RIA acts as the sender's payment service provider:
In the event of an unauthorised payment transaction for which RIA is liable under applicable law, RIA will refund the amount of the unauthorised payment transaction to the sender without delay, and in any case no later than the end of the following business day after it has recorded the payment transaction or been notified of it, unless RIA has reasonable grounds to suspect that fraud has occurred and has communicated these reasons in writing to the competent national authority. In such cases, RIA will restore the sender's bank/payment account from which the amount was debited to the state it would have been in had the unauthorised payment transaction not taken place.
In the event of an erroneous execution or non-execution of a payment transaction for which RIA is responsible, RIA will immediately refund the amount of the erroneous payment transaction to the sender or, where applicable, restore the sender's bank/payment account from which the amount was debited to the state it would have been in if the erroneous payment transaction had not taken place.
If RIA acts as the payment service provider of the payee and if a payment transaction is incorrectly executed for which RIA is responsible, RIA shall immediately provide the amount of the incorrect payment transaction to the payee or, where applicable, credit the relevant amount to the payee's payment account.
RIA will reimburse the customer for all costs or commissions charged and any applicable interest to which the customer is entitled based on an unauthorized payment transaction, incorrect or delayed execution or failure to execute the transaction. The customer is entitled to claim further compensation for damages if he is entitled to such compensation from RIA under applicable law.
RIA is not liable for incorrect or delayed execution or non-execution of a payment transaction in cases of extraordinary and unforeseeable circumstances beyond its control or which it could not have avoided or prevented, or in cases where it is bound by other legal obligations set out in European Union legislation or applicable national legislation.
11. Data protection
For the purposes of this Article, the terms “data controller”, “personal data”, “processing” and “data subject” have the meanings given in the EU General Data Protection Regulation (GDPR) (2016/679) and in the data protection laws and related requirements applicable to the parties in the various EU Member States in relation to these Terms and Conditions (“Applicable Data Protection Laws”).
RIA acts as a data controller in relation to the personal data it processes in connection with the services provided under these Terms and Conditions.
For information on how RIA is permitted to process customer personal data, the types of personal data it is permitted to collect, how RIA uses, shares and protects such personal data, the customer's privacy rights and how to contact RIA regarding its privacy practices, please see our Privacy Notice at www.riamoneytransfer.com .
The Customer acknowledges and agrees that his/her personal data may be disclosed or transferred to RIA, its group companies or third parties or that RIA, its group companies or third parties may store it if such disclosure, transfer or storage is reasonably necessary or appropriate for the purposes of entering into or performing obligations under these Terms and Conditions. The Customer's personal data may be transferred outside the European Economic Area to countries whose laws may not offer the same level of protection for personal data as the country in which the personal data was originally collected. In such cases, RIA will implement the necessary mechanisms to ensure that the personal data transferred is adequately protected in accordance with applicable data protection laws.
Notwithstanding the above, RIA will maintain the confidentiality of all information relating to payment transactions and other operations of customers and will not disclose it to third parties, except in cases where it is otherwise necessary to provide the payment services set out in Article 3 above, or in cases where applicable laws and regulations allow such information to be disclosed to third parties, in particular to state authorities or in the context of fulfilling obligations set out in legal regulations in the field of preventing the legalization of proceeds from crime and the financing of terrorism. This provision is without prejudice to the provisions of applicable legal regulations on the protection of personal data.
12. Changes beyond our control
We accept no liability if we are unable to perform any of our obligations to you or if there is a delay in performing any of our obligations due to any circumstances beyond our reasonable control, such as, in particular, any industrial action, force majeure, fire, flood or storm, war, insurrection, civil commotion, state of emergency, raising of the level of warning systems, acts of terrorism or any preventive measures taken as a result thereof, vandalism, sabotage, virus, intentional damage, compliance with any law, statutory provision, other legal regulation, government or court order, action or instructions of the police or any state or regulatory authority authorising us to provide payment services, reduction or failure of electricity supply, failure of equipment, systems or software provided by third parties or internet connection, intentional cyber attacks against our IT system, including computer viruses, ransomware and other cyber attacks, or the occurrence of any extraordinary fluctuations in any financial market that could materially adversely affect our ability to provide payment services or our obligations under applicable law. If any of these circumstances occur, these Terms will be suspended for the duration of these Terms or, at our discretion and in order to protect you and our company, we may terminate these Terms.
13. Limitation of liability
Our total liability to you in connection with a payment transaction is limited to the full amount of the payment transaction funds together with any fees for which you may be liable and any interest you may be liable to pay as a result of our failure to execute or improper execution of the payment transaction.
If we breach any requirements imposed on us by applicable law (which imposes certain obligations on us as a payment service provider, including obligations relating to unauthorised, non-executed and incorrectly executed payment transactions), we will not be liable to you if the breach was caused by extraordinary and unforeseeable consequences beyond our control, the consequences of which would have been unavoidable despite all our efforts to prevent them, or if the breach was due to other obligations imposed on us by other European Union law or applicable national law.
Notwithstanding any other provision of these Terms and Conditions, we do not exclude our liability for death or personal injury caused by our negligence or the negligence of our employees or agents, nor for fraudulent misrepresentation or any other liability which cannot be excluded under applicable law.
14. Governing law and language
These terms and conditions and the relevant payment transactions based on individual payment orders are governed by Czech law. In the event of a dispute, the customer or RIA may initiate legal proceedings at the relevant Czech court.
In addition to the above, in the event of a dispute between the customer and RIA in connection with payment services provided on the basis of these Terms and Conditions and in the event that the parties fail to resolve such dispute amicably, the customer is entitled to refer the dispute to a financial arbitrator. The powers of the financial arbitrator are set out in Act No. 229/2002 Coll., on the Financial Arbiter, as amended. No costs of proceedings are paid for proceedings before the Financial Arbiter. All relevant information is available at www.finarbitr.cz and the seat of the Financial Arbiter is located at Legerova 69/1581, 110 00 Prague 1.
The language decisive for the contractual relationship between RIA and the customer will be Czech.
15. Customer service and complaints
We value all our customers and take our commitments seriously. You can contact our customer service team regarding your payment transaction using the following contact details:
RIA CUSTOMER SERVICE:
C/ Cantabria 2
28108, Madrid
Spain
Tel: 0042 0224245068
The customer must submit a complaint regarding the resolution of any dispute in writing, either (i) in person at any of the offices of RIA PAYMENT INSTITUTION, EP, SAU; (ii) by mail to the Customer Service Representative of RIA PAYMENT INSTITUTION, EP, SAU, Calle Cantabria 2, 28108, Alcobendas, Madrid (Spain); or (iii) by email to ceec@riamoneytransfer.com .
The Customer Service Department will respond to complaints submitted by customers no later than fifteen (15) business days from their receipt, while in the event of exceptional circumstances (of which RIA is obliged to inform the customer within the specified period), the deadline for the final response may be extended to a maximum of thirty-five (35) business days from the date of receipt of the complaint.
If the complaint submitted to the RIA customer service representative has been rejected or the above-mentioned deadline for comment has expired without the above-mentioned customer service department sending a comment, the customer is entitled to submit his claim to the following institutions:
(i) Banco de España (Internet: www.bde.es
By mail to the address:
Banco de España
Departamento de Conducta de Mercado y Reclamaciones
C/ Alcalá 48, 28014 Madrid, Spain
Tel.: (+34) 900 54 54 54 / (+34) 91 338 8830
(ii) Czech National Bank (website: www.cnb.cz )
By mail to the address:
Na Příkopě 864/28
115 03 Prague 1
Phone: (+420) 224 411 111
e-mail: podatelna@cnb.cz
Violations of relevant local regulations can be reported to the Czech National Bank (i) by post to the Financial Market Supervision Section II, (ii) by e-mail to podatelna@cnb.cz , or by completing an electronic form on the Czech National Bank's website ( www.cnb.cz ).
The maximum fee rates that apply to additional services are listed at the end of these Terms and Conditions.
MAXIMUM FEES
The current fees of Ria Payment Institution EP, SAU (hereinafter referred to as RIA) are not subject to any review by the Banco de España and are MAXIMUM fees that apply to all customers, both consumers and non-consumers, with RIA reserving the right to charge customers lower fees for any of the items listed.
1.- ADDITIONAL SERVICES
Additional services | FEES |
|---|---|
Cancellation, change or refund of transferred money (note no. 1) | Reasonable expenses incurred by RIA will be charged to the relevant customer. |
Transferring money with insufficient or incorrect information (note no. 2) | Reasonable expenses incurred by RIA will be charged to the relevant customer. |
Balance Management (Note 3) | 3.00 EUR/month |
Note No. 1. Cancellation or modification of money transfers or return of transferred funds.
RIA will take such actions to execute the payment transaction as instructed by the sender as are necessary to cancel, change or attempt to withdraw an individual payment order.
If such actions result in expenses charged by third parties and these expenses are reasonable, they will be re-charged to the relevant customer, even if the said actions are unsuccessful for reasons not attributable to RIA.
Note No. 2. Payment transactions with incomplete or incorrect data.
In the event that the customer omits any of the data necessary to execute a payment transaction, he will not be charged an additional fee for this, however, RIA will charge the relevant customer the reasonable costs incurred in connection with any action (even if this action is unsuccessful for reasons not attributable to RIA) taken in order to (i) obtain the information necessary to execute a payment transaction, as set out in Article 8.2 above, or (ii) recover funds from third parties in the event that a payment transaction was executed but the recipient was not paid due to incorrect or incomplete data, or (iii) return funds to the sender for a payment transaction that was not executed due to incorrect or incomplete data.
Note No. 3. Balance management.
In the event that the recipient has not been paid out of a given payment transaction and the funds are returned to the sender for reasons beyond RIA's control, RIA is entitled to charge, after a period of three (3) months from the receipt of the funds, a monthly fee, which will be deducted from these funds, in order to compensate RIA for reasonable costs incurred in connection with the attempt to return the unpaid funds to the sender and with its management of the funds while they were in its possession.