UBS Switzerland AG
Flughofstrasse 35
P.O. Box
CH-8152 Glattbrugg
Tel. +41-44-828 31 34
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General Terms and Conditions for the use of UBS Credit Cards
These General Terms and Conditions (GTC) govern the legal relationship
between UBS Switzerland AG (hereinafter “UBS”) and the person applying
for the card or the holder1 of the UBS VISA and/or UBS MasterCard Credit
Cards (hereinafter referred to as the cardholder).
1 Issue of card
1.1 Upon approval of the card application by UBS, the applicant receives
a written confirmation of acceptance, the requested UBS VISA and/
or UBS MasterCard Credit Card(s) (hereinafter referred to as the card)
and the associated PIN code for each card. By signing and/or using
the card, the cardholder confirms that he has received the GTC and
accepted their content.
1.2 The cardholder may request the issue of additional and partner cards
(hereinafter likewise referred to as cards).
1.3 Each card issued remains the property of UBS.
2 Use of the card and authorization of transactions
2.1 Transactions may be authorized at merchants worldwide, subject to
the individual card and cash withdrawal limits (hereinafter referred
to as spending limits):
2.1.1 by entering the PIN code, signing the sales slip or by simply using the
card (for example in car parks, at tollbooths or for contactless payments) when paying for goods or services or when withdrawing cash
at an ATM or bank counter, or
2.1.2 by giving the cardholder’s name as it appears on the card, the card
number, the expiry date, and, if requested, the three-digit security
code (CVV, CVC) when paying for goods or services by telephone, by
correspondence or online. When using online shops on the internet
that are 3-D-Secure enabled, the password must also be entered when
the correct security message appears.
2.2 The cardholder acknowledges all transactions authorized in accordance
with point 2.1 and the resulting claims of merchants respectively. At
the same time, he irrevocably instructs UBS to automatically settle the
claims of merchants.
2.3 The cardholder undertakes to use his card only to the extent that his
financial circumstances allow. It is prohibited to use the card for illegal
purposes.
2.4 UBS may at any time modify the options for using the card (point 2.1)
as well as the spending limit. The spending limit is shown on the
monthly statement and in UBS Cards Online or may be requested
from Customer Services.
3Costs/interest
3.1 Costs, fees, commissions and credit interest may be charged to
the cardholder in connection with the card and its use. These
charges shall be brought to the attention of the cardholder together with the card application and/or in an appropriate manner and
may be requested from Customer Services at any time or accessed
online at ubs.com/cards. Furthermore, third-party costs may be
passed on and expenses incurred by the cardholder shall also be
charged.
3.2 Amendments to prices/interest rates which are in line with changing
market conditions or costs may be made at any time via adjustments
to the fee schedules/product information sheets – in justified cases
without prior notification to the cardholder. Such amendments shall
be communicated to the cardholder in an appropriate manner. Upon
notification and in the event of objection the cardholder shall be free
to cancel the card with immediate effect.
3.3 In the event of transactions in a different currency than the card currency, the exchange rate from the day preceding the date of booking
is applied and an additional processing fee is charged.
4 Invoicing/methods of payment
4.1 UBS shall grant the cardholder a credit in the amount of the
spending limit, which shall be managed as a current account
facility on the credit card account. All transactions authorized in
accordance with point 2 and the costs/interest pursuant to point 3
shall be booked to a credit card account. Annual interest amounting
to 12% shall be charged on all transactions as well as costs,
fees and commissions (with the exception of charged credit
interest) from the date of the transaction in question.
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4.2 The cardholder shall receive a statement each month containing all
transactions authorized in accordance with point 2 and the costs/
interest owed pursuant to point 3 and is obliged to pay these. Any
disputes in relation to discrepancies and complaints about goods or
services and any resulting claims (see point 6.1) do not release the
cardholder from his obligation to pay the monthly statements.
4.3 Provided the selected credit card product does not include a payment
in installments option, the cardholder is obliged to settle the entire
statement amount by the payment date indicated on the statement
at the latest using a payment type accepted by UBS. This also applies
to cardholders who are domiciled abroad as they must not use the
payment in installments option (point 4.4).
4.4 If the credit card product includes a payment in installments option and
the cardholder does not live abroad, he may choose between paying
the entire statement amount (section 4.3) or transferring an installment (minimum amount: 5% of the statement amount but no less
than CHF/USD/EUR 50) by the payment date indicated on the statement at the latest.
4.5 If the entire statement amount is paid on time, UBS shall not
charge the annual interest amounting to 12% on the transaction
amounts (point 4.1).
4.6 If, however, the statement amount is not received or is not
received in full by the stipulated date, the annual interest
amounting to 12% shall be charged on all transaction amounts
as well as costs, fees and commissions (with the exception of
charged credit interest) from the date of the transaction in
question. The interest payable is displayed and billed in the
statement for the following month. (Partial) payments are
taken into account in the further interest calculation after being
booked and are initially offset against open interest receivables.
4.7 If a payment is not made or an installment of less than the minimum
amount (section 4.4) is paid, the outstanding part of the minimum
amount is added to the minimum amount of the following monthly
statement (5% of the next statement amount but no less than CHF/
USD/EUR 50). In this case, UBS also has the right to demand the immediate payment of the entire open statement amount (including
charges/interest pursuant to point 3) and to block the card. Any reminder and collection fees shall be borne by the cardholder.
5 Obligation to exercise due care
The cardholder is in particular obliged to exercise the following duties
of care.
5.1 The card must be signed by the cardholder, in the area provided for
this purpose, immediately upon receipt.
5.2 The PIN code, password and security message for 3-D Secure
(hereinafter authentication details) and the card must be kept with
particular care and separate from each other. The card and authentication details must not be sent, passed on or made
­accessible to third parties in any other way (e.g. by not concealing
the PIN code when entering it). The authentication details must never
be noted on the card or saved electronically (not even in an altered
form) and must not be easily ascertainable (e.g. telephone numbers,
dates of birth, car license numbers). If there is reason to assume that
another person is aware of these authentication details, the cardholder must change these details immediately.
5.3 The cardholder must always know where his card is and regularly
ensure that it is still in his possession.
5.4 The monthly statements must be checked immediately upon receipt,
at best against the sales and transaction receipts. If the cardholder
wishes to object to any discrepancies, in particular debits resulting
from misuse of the card, he must report this to Customer Services
immediately upon receipt of the monthly statement, but in any
case no later than 30 days (date of postmark) of the statement
date by written notice of complaint sent to the address of UBS. If the
objection is not submitted in time, this may result in the cardholder
violating his obligation to minimize losses and in his being held responsible for the resulting losses.
5.5 The cardholder must report any instance of loss, theft, confiscation or misuse as well as suspicion thereon immediately to
Customer Services, regardless of any time difference. If there is
suspicion that a criminal act has occurred, the cardholder must fur-
The singular form also includes the plural, and all masculine terms refer to persons of both genders.
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5.6
5.7
5.8
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ther report this to the local police in Switzerland or abroad immediately and take all reasonable steps to assist in clearing up the matter
and minimizing the loss or damage incurred.
If the card is blocked/cancelled, the cardholder shall be obligated to
inform all merchants that are paid using the card for recurring services
(e.g. newspaper subscriptions, memberships, online services) of the
block/cancellation.
Expired, invalid or blocked cards must be automatically and immediately rendered unusable. Cancelled cards must be returned to UBS.
If the cardholder fails to receive a new card at least 15 days before
the expiry of the preceding card, the cardholder must report this to
Customer Services immediately.
Changes to the information given on the card application (name,
address, account number, etc.) must be reported to UBS in writing
within 15 days.
6Responsibility/liability
6.1 The cardholder shall be liable for all liabilities arising from the use of
the card. The holder of the main card shall be jointly and severally
liable for all liabilities arising out of the use of additional and partner
card(s), even if the holders of said cards receive separate monthly
statements. Any disputes in relation to discrepancies and complaints
about goods or services and any resulting claims must be settled
directly by the cardholder with the involved merchant. When returning goods, a credit confirmation must be requested from the merchant; when cancelling a transaction, a confirmation of cancellation
must be requested.
6.2 Until the card is blocked, the cardholder is responsible for all
transactions authorized in accordance with point 2.1. In principle, the cardholder is liable for any risks resulting from misuse of
the card. In any case the cardholder is liable for all transactions authorized using the PIN code. In all other cases, where a complaint is
filed within the stipulated period (point 5.4), UBS shall assume
responsibility for loss or damage resulting from misuse of the card by
third parties, provided the cardholder has in all respects complied
with these GTC (in particular the obligation to exercise due care
under point 5), and to the extent that he is not in any way to blame.
Persons related to or otherwise associated with the cardholder, e.g.
partners, authorized agents and persons living in the same household, shall not be deemed to be third parties.
6.3 Loss or damage resulting from the forwarding of the card and/or
authentication details shall be borne by the cardholder.
6.4 Loss or damage incurred by the cardholder in connection with the
possession or use of his card shall be borne solely by the cardholder.
UBS assumes no liability if a merchant refuses to accept the card as a
means of payment or if, due to a technical defect, limit adjustment,
termination or blocking, the card cannot be used.
6.5 Notwithstanding any cancellation/blocking of the card, UBS remains
entitled to charge the cardholder for all amounts relating to recurring
services (see point 5.6).
6.6 UBS accepts no liability for benefits or additional services made available
with the card or for loss or damage covered by an insurance policy.
7 Card renewal
7.1 The card as well as the benefits and additional services connected
therewith shall expire at the end of the month/year embossed on the
card. A new card shall be supplied to the cardholder in good time
unless the contractual relationship has been terminated.
7.2 If the cardholder neither wishes to renew his card nor the additional
and/or partner card(s), UBS must be notified accordingly in writing at
least two months before the expiry of the card, failing which the annual fee for the card in question will be charged.
8Blocking/cancellation
8.1 The cardholder or UBS may at any time and without giving reasons
arrange for the card to be blocked or the contractual relationship to
be terminated. Termination of the main card automatically entails
termination of all additional and/or partner cards.
8.2 Upon termination, all sums outstanding on the card(s) automatically
become due for payment. The cardholder has no entitlement to a pro
rata reimbursement of the annual fee.
9.2 The cardholder further acknowledges that under the Swiss Consumer
Credit Act, UBS is obliged to obtain from the Consumer Credit In­
formation Office information relating to liabilities of the cardholder
reported to said Office. In addition, under the Consumer Credit Act,
UBS is obliged under certain circumstances to report any amounts
outstanding to the Consumer Credit Information Office.
9.3 UBS may engage the services of third parties in order to perform its duties. In particular, the cardholder agrees that UBS Card
Center Ltd – which conducts UBS card business on behalf of UBS –
and its agents (e.g. for the production of cards) shall be given access
to his data insofar as this is necessary for the diligent performance of
the tasks assigned to them.
9.4 The international card organizations (VISA International and MasterCard International respectively) and their contractors responsible for
processing card transactions on their behalf shall be informed solely
of the relevant transaction data (e.g. card and transaction reference
number, transaction and invoice amount, booking and invoice date
and information on the merchant). In certain cases (e.g. purchase of
flight tickets, hotel bills, car rental, purchase of fuel) they will also be
informed of the name of the cardholder or the name of the person
for whom the transaction was executed.
9.5 The cardholder further accepts that merchants in Switzerland shall
also forward transaction data to the card issuer UBS and its
agent UBS Card Center Ltd respectively via the global VISA or
MasterCard networks.
9.6 If payment is made by direct debit from an account held with another
bank, UBS is authorized to disclose the necessary data (name of the
cardholder, address, number of the credit card account and the invoice
amount) to this bank.
9.7 UBS is authorized to store, process and use contract and transaction data. In particular, UBS itself or third parties acting on
behalf of UBS may evaluate the named data, create client profiles on the basis of this data and also use it for market research
purposes. This should ensure that UBS clients receive individual advice
as well as tailored offers and information about UBS products and
services. The following data is typically processed: details on the cardholder, credit card account, card transactions and additional services.
The client can forego offers and information about UBS products
and services at any time. Customer Services must be informed of this
wish in writing. Third parties and their employees acting on behalf of
UBS are obligated to comply with the Swiss Data Protection Act.
9.8 UBS shall be permitted to send the cardholder fraud warnings to the
cell phone number that he has specified.
9.9 UBS shall be authorized to assign all claims in respect of the cardholder
to third parties at any time.
10 Further provisions
10.1In justified cases UBS is entitled to modify the GTC at any time. UBS
communicates such modifications in advance and in an appropriate
manner. The amendments shall be deemed to have been accepted
by the cardholder unless an objection is raised in writing within one
month of notification, but in any event when the card is first used.
In case of objection and in case the cardholder is unable to reach an
agreement with UBS, the cardholder shall be free to cancel the card
with immediate effect before the amendments become effective.
10.2This Agreement shall be governed by and construed in accordance
with substantive Swiss law. Subject to mandatory jurisdictions provided by law the exclusive place of jurisdiction for all legal proceedings
shall be Zurich or the location of the branch holding the account.
This shall also be the place of performance, and the place of debt
collection for cardholders domiciled abroad.
July 2016 edition
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Obtaining, processing and disclosure of data/involvement
of third parties
9.1 UBS may obtain from public bodies, residents’ registration offices and
the Central Credit Information Office (hereinafter referred to as ZEK;
members of ZEK include companies from the consumer credit, leasing
and credit card sectors) all information required to check the credit
card application and process the contract, and notify ZEK accordingly
in the event of blocked cards, serious payment arrears or misuse of
cards. ZEK shall be expressly authorized to make this data available to
all ZEK members. To this extent, the cardholder releases these entities
from the obligation to maintain bank-client confidentiality, data protection and official confidentiality.
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