In the event of an unauthorised payment transaction reported by the payment service user under the conditions set out in Article L. 133-24, the payer’s payment service provider shall reimburse the payer the amount of the unauthorised transaction immediately after becoming aware of the transaction or after being informed of it, and in any event no later than the end of the first following business day, unless it has good reason to suspect fraud by the payment service user and it notifies the Banque de France of these reasons in writing. Where applicable, the payer’s payment service provider shall restore the debited account to the state it would have been in had the unauthorised payment transaction not taken place.
Where the unauthorised payment transaction is initiated via a payment service provider providing a payment initiation service, the payment service provider managing the account shall immediately, and in any event no later than the end of the next business day, refund the payer the amount of the unauthorised transaction and, where applicable, restore the debited account to the state in which it would have been had the unauthorised payment transaction not taken place. The value date on which the payer’s payment account is credited shall not be later than the date on which it was debited.
If the payment service provider fails to comply with the obligations set out in the first two paragraphs of this article, the following penalties shall apply:
1° The sums due shall bear interest at the legal rate plus five percentage points;
2° After seven days’ delay, the sums due shall bear interest at the statutory rate plus ten percentage points;
3° After thirty days’ delay, the sums due shall bear interest at the statutory rate plus fifteen percentage points.
If the payment service provider that provided the payment initiation service is responsible for the unauthorised payment transaction, it shall immediately compensate the payment service provider managing the account, at its request, for any losses incurred or sums paid as a result of reimbursing the payer, including the amount of the unauthorised payment transaction.
The payer and his payment service provider may contractually agree on additional compensation.