Where a Payment Service User denies having authorised a payment transaction which has been executed, or claims that the payment transaction has not been executed correctly, the onus shall be on his Payment Service Provider to prove that the transaction in question has been authenticated, properly recorded and accounted for and that it has not been affected by a technical or other deficiency.
The use of the payment instrument as recorded by the payment service provider does not in itself necessarily suffice to prove that the transaction was authorised by the payer or that the payer intentionally or through gross negligence failed to fulfil his obligations in this respect. The payment service provider, including, where applicable, the payment service provider providing a payment initiation service, shall provide evidence of fraud or gross negligence on the part of the payment service user.