TopCard Service Ltd
Flughofstrasse 35
P.O. Box
CH-8152 Glattbrugg
Tel. +41- 44-828 31 34
Fax +41- 44-828 33 76
General Terms and Conditions
for the Use of TopCard Credit Cards
These General Terms and Conditions (GTC) govern the legal relationship
between TopCard Service Ltd (hereinafter referred to as TopCard) and the person applying for the card or the holder1 of the TopCard Visa and/or TopCard
MasterCard Credit Cards (hereinafter referred to as the cardholder).
1
Issue of card
1.1 Upon approval of the card application by TopCard, the applicant
receives a written confirmation of acceptance, the requested TopCard Visa
and/or TopCard 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 TopCard.
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 TopCard 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 TopCard 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 TopCard Online portal or may be requested from Customer Services.
3
Costs/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 www.topcard.ch. Furthermore, thirdparty 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.
1
4
Invoicing/methods of payment
4.1 TopCard 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. The annual interest of 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.
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 TopCard. 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, TopCard shall not
charge the annual interest of 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 of 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,
TopCard 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.
The singular form also includes the plural, and all masculine terms refer to persons of both genders.
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 TopCard. 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 further 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.
5.6 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.
5.7 Expired, invalid or blocked cards must be automatically and immediately rendered unusable. Cancelled cards must be returned to TopCard.
5.8 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.
5.9 Changes to the information given on the card application (name,
address, account number, etc.) must be reported to TopCard in writing within 15 days.
6
Responsibility/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), TopCard 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. TopCard
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, TopCard
remains entitled to charge the cardholder for all amounts relating to recurring
services (see point 5.6).
6.6 TopCard 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), TopCard 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.
8
Blocking/cancellation
8.1 The cardholder or TopCard 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
Obtaining, processing and disclosure of data/involvement of
third parties
9.1 TopCard may obtain from public bodies, residents’ registration offices,
employers, banks/financial intermediaries 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, process the contract and fulfil
legal obligations, particularly those concerning the combating of money laundering, 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.
9.2 The cardholder further acknowledges that under the Swiss Consumer
Credit Act, TopCard is obliged to obtain from the Consumer Credit Information Office information relating to liabilities of the cardholder reported to said
Office. In addition, under the Consumer Credit Act, TopCard is obliged under
certain circumstances to report any amounts outstanding to the Consumer
Credit Information Office.
9.3 TopCard may engage the services of third parties in order to perform its duties. In particular, the cardholder agrees that UBS Card Center Ltd
– which is charged to conduct the TopCard card business – 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 flighttickets, payment of 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 TopCard 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, TopCard 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 TopCard shall be permitted to send the cardholder fraud warnings to
the cell phone number that he has specified.
9.8 TopCard shall be authorized to assign all claims in respect of the cardholder to third parties at any time.
10 Further provisions
10.1 In justified cases TopCard is entitled to modify the GTC at any time. TopCard 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 TopCard, the
cardholder shall be free to cancel the card with immediate effect before the
amendments become effective
10.2 The legal relationship between the cardholder and TopCard shall be
governed by and construed in accordance with Swiss law. If the cardholder
is resident in Switzerland, the place of jurisdiction for any disputes arising out
of or in connection with this legal relationship shall be the competent court
at the cardholder’s domicile. The cardholder may, however, also choose to
take legal action before the competent authority at the seat of TopCard.
Should the cardholder be domiciled outside Switzerland, the place of performance of all obligations of both parties, the place of debt collection (special domicile pursuant to Art. 50 (2) of the Swiss Federal Debt Enforcement
and Bankruptcy Act [SchKG]) as well as the exclusive place of jurisdiction for
any disputes arising out of or in connection with this legal relationship shall
be Zurich. TopCard may, however, also enforce its rights in the domicile of the
cardholder.
Edition July 2016