Subdivision 5
Scope of Application and Derogating Agreements
[RT I 2010, 2, 3 – entry into force 22.01.2010]
- 73313. Prohibition on violation of provisions
A person or institution provided by law may, pursuant to the procedure provided by law, require a payment service provider who has violated the provisions provided in this Division to terminate such violation and refrain from future violation.
[RT I 2010, 2, 3 – entry into force 22.01.2010]
- 73314. Mandatory nature of provisions
(1) An agreement which derogates from the provisions of this Division to the prejudice of a client of the payment service provider and is entered into between the client of the payment service provider and the payment service provider is void unless otherwise provided for in this section.
[RT I 2010, 2, 3 – entry into force 22.01.2010]
(2) A payment service provider and a client of the payment service provider may agree on a different term for the execution of a payment order than is provided for in subsection 728 (1) of this Act, but it may not exceed four business days if:
1) the payment is made in a different currency of a Contracting State of the European Economic Area Agreement (hereinafter Contracting State) than euro.
[RT I 2010, 22, 108 – entry into force 01.01.2011]
2) [repealed – RT I 2010, 22, 108 – entry into force 01.01.2011]
(3) A payment service provider and a client of the payment service provider may agree that the provisions of subsections 728 (3) and (6) do not apply in part or in full in the case of payments provided for in subsection (2) of this section.
[RT I 2010, 2, 3 – entry into force 22.01.2010]
(4) If a payment service is not provided in euros or another currency of a Contracting State or if the seat of the payment service provider of the payer or the payment service provider of the payee is in a country other than the Contracting State, subsection (1) of this section and subsections 725 (1), (3) and (6), 728 (1) to (3) and (6), 7331 (3), section 7332 and subsections 7333 (1) and (2) of this Act do not apply unless otherwise provided for in this section.
[RT I 2010, 7, 30 – entry into force 26.02.2010]
(5) If the seat of the payment service provider of the payer or the payment service provider of the payee is in a country other than the Contracting State, but the payment service is provided in euros or in another currency of a Contracting State, an agreement which derogates from the provisions of subsections 728 (4), (5) or (7) of this Act to the prejudice of the payer or the payee is void. With regard to the payments provided for in the first sentence of this subsection which are not executed in euros or in another currency of a Contracting State, the parties may agree that the provisions of subsections 728 (4), (5) and (7) do not apply in part or in full.
[RT I 2010, 2, 3 – entry into force 22.01.2010]
(6) If a client of the payment service provider is not a consumer, the parties may agree that §§ 710 to 7112, 7191 and 720, the second sentence of subsection 7241 (2), subsection 725 (5) and §§ 726 to 7271, 7333, 7334, 7336 and 7338 of this Act do not apply in part or in full. If a client of the payment service provider is not a consumer, the parties may also agree on a different term than is provided for in subsection 7337 (2) of this Act.
[RT I 2010, 2, 3 – entry into force 22.01.2010]
(7) The provisions of clauses 711 (1) 1), 3) to 5), 8) to 10), 13) to 17), subsection (2) of the same section and §§ 7334, 7338, 73310 and 73311 of this Act apply to the services or transactions specified in clause 4 (1) 10) of the Payment Institutions and E-money Institutions Act.
[RT I, 08.07.2011, 6 – entry into force 18.07.2011]