Consumer Rights Act 2022
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Chapter 6 Other consumer rights | ||
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Fee for use of means of payment | ||
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122. (1) A trader shall not charge a consumer, in respect of the use of a given means of payment, a fee that exceeds the cost borne by the trader for the use of that means of payment. | ||
(2) Where— | ||
(a) a trader charges a consumer a fee that exceeds the cost borne by the trader as mentioned in subsection (1), and | ||
(b) the consumer pays that fee, | ||
the trader shall reimburse the consumer to the extent of the excess paid. | ||
(3) Any provision of a contract which requires the consumer to pay a fee that exceeds the cost borne by the trader as mentioned in subsection (1) is unenforceable to the extent of the excess charged. | ||
(4) A trader who contravenes subsection (1) commits an offence. | ||
(5) If a trader fails to comply with the obligation to reimburse the consumer in accordance with subsection (2), the trader shall be liable in damages for any loss or damage suffered by the consumer as a result of that failure. | ||
(6) In case of dispute, it is for the trader to show that a fee charged in respect of the use of a given means of payment does not exceed the cost borne by the trader for the use of that means of payment. | ||
(7) Nothing in this section shall affect the operation of Regulation 86 of the European Union (Payment Services) Regulations 2018 ( S.I. No. 6 of 2018 ). |