Yourfrom-Frontpoint.Security

MC-176a-NL-06/2014
These general terms and conditions are made up of three sections:
Section 1: General provisions (Articles 1 to 20)
Section 2: No Spread Payments Facility (Articles 21 to 23)
Section 3: Spread Payments Facility (Articles 24 to 28)
If you have not opted for the Spread Payments Facility, sections 1 and 2 of these general terms and
conditions apply to you. If you have opted for the Spread Payments Facility, sections 1 and 3 of these
general terms and conditions apply to you.
SECTION 1. GENERAL PROVISIONS
Article 1. Definition of terms
ABN AMRO:
ABN AMRO Bank NV, our partner in issuing your Card.
Merchant:
a company, an institution and/or (internet) shop where you can pay with your Card.
BKR:
Credit Registration Office in Tiel.
Card:
the ABN AMRO Credit Card that we have issued to you, which can be either the Main Card or the
Extra Card.
Card Fee:
the annual fee that you must pay us for your Card.
Documentation:
the product information, charges and conditions that you have received from us with
respect to your Card.
Extra Card:
every additional Card that we have issued in addition to a Main Card. An Extra Card is always
linked to a Main Card.
Spread Payments Facility:
the option to repay us the outstanding balance of your Card in instalments.
Main Card:
the Card in addition to which an Extra Card has been issued.
APR:
annual percentage rate
Agreement:
the agreement between you and us with respect to your Card or – if you opted for the Spread
Payments Facility – your Card and the Instalment Facility. The Agreement comprises the
Documentation and these general terms and conditions.
MasterCard:
MasterCard Europe sprl. or MasterCard International Inc.
PIN:
the personal identification number to be used in combination with your Card;
You (you/your):
the holder of the Card;
We (us/our):
International Card Services BV. Visiting address: Wisselwerking 32 1112 XP Diemen, the
Netherlands. Postal address: PO Box 23225, 1100 DS Diemen, the Netherlands. We are regulated by
De Nederlandsche Bank NV (Westeinde 1, 1017 ZN Amsterdam), and by the Netherlands Authority for
the Financial Markets (Autoriteit Financiële Markten, Vijzelgracht 50, 1017 HS Amsterdam).
Exchange Rate:
the exchange rate determined by MasterCard, plus 2%. You can contact us for the applicable
Exchange Rate.
Article 2. Commencement, term and termination of the Agreement
2.1.
The Agreement shall take effect from the moment:
(a)
you activate your Card; or
(b)
you make the first payment or the first cash withdrawal with your Card; or
(c)
you make your first payment to us; or
(d)
you otherwise agree with the Agreement.
2.2.
The Agreement is entered into for an indefinite period. You are entitled to terminate the Agreement
in writing or by telephone at all times with observance of a 2-week notice period. We are also
entitled to terminate the Agreement, in which case a 2-month notice period applies.
2.3.
We are authorised to immediately block your Card and the related facilities if any of the following
situations occur or seem to occur:
(a)
you are in breach of the Agreement, for example if you are in arrears with payments; or
(b)
your Card is reported stolen, lost or missing; or
(c)
your credit rating has deteriorated significantly; or
(d)
the outstanding balance exceeds the spending limit; or
(e)
you have been declared bankrupt or you have been granted a statutory debt adjustment; or
(f)
misuse, unauthorised use or fraudulent use of your Card; or
(g)
you die; or
(h)
you have left or will leave the Netherlands to relocate to a different country; or
(i)
you no longer reside at the home address you provided to us; or
(j)
you are involved in fraud.
2.4.
If we block your Card, we will notify you as soon as possible. We will not do this if this constitutes a
breach of the law or if this is unwanted due to security reasons.
2.5.
Your Card has an expiry date. Your Card is valid up until that date. Prior to this date we may declare
your Card invalid, or issue a new Card. A new Card will be attached to the general terms and
conditions and sent to you. The general terms and conditions to which your Card is attached will
apply to the use of your Card.
2.6.
You may dissolve the Agreement within 14 calendar days from its commencement date. This can be
done free of charge. If, however, you have already used your Card or the related facilities within that
period, you will of course need to repay us the costs for that use. If you had already paid your Card
Fee, we will refund it to you.
2.7.
If the Agreement has been terminated or your Card has been blocked:
(a)
you may no longer use your Card;
(b)
your Card is invalid;
(c)
your Card can be rejected and/or withdrawn by us, a Merchant or a bank;
(d)
at our request you must cut your Card into four pieces and return it to us. If you do not return the
cut-up Card, a penalty will be due. The penalty is € 25 for every day your Card is returned too late.
The total penalty will not exceed € 1,000. If our loss and/or damage exceeds € 1,000 we may
also recover the amount in excess of the total penalty.
Article 3. Our general obligations
3.1.
We will perform our services with due care.
Article 4. Your general obligations
4.1.
Your Card is personal. You are responsible for the use of your Card and must carefully keep your Card
in a safe place.
4.2.
Whenever you use your Card, you must check if your own Card is returned. You must check at least
once a day if your Card is still in your possession.
4.3.
We may issue instructions on the safe use of your Card, such as
‘MasterCard Secure Code’
for making
online purchases, or instructions on keeping your PIN secret. You must follow these instructions.
4.4.
You must notify ABN AMRO immediately of any changes in your contact details such as your email
address, and any other changes relevant to the Agreement.
Article 5. PIN and confidentiality
5.1.
Your Card has a PIN. This PIN has been chosen by you or was issued to you automatically. Just like
your Card, this PIN is non-transferable and may only be used by you.
5.2.
You must not disclose the PIN to anyone, including relatives, housemates and our employees. You
need to ensure that others cannot see you entering your PIN. You must not write down the PIN on
your Card or on any document you keep with your Card. Should you write down the PIN, you must
ensure that others cannot recognise it as such or can identify its use.
5.3.
Any additional personalised security codes concerning your Card, such as a login name, password or
e-Code, may also only be used by you and must be kept secret as well.
Article 6. Loss, theft and misuse
6.1.
You must notify us by telephone of any loss, theft or (suspected) misuse of your Card, PIN and/or
other personalised security codes. You must do this immediately after you have discovered this or
could have discovered this, for example by checking your account statements or the secure internet
environment. You must confirm this notification immediately to us in writing and you must file a
report with the police.
6.2.
If you have complied with your obligations under Articles 4, 5 and 6.1, you will not bear any risk con-
cerning the use of your Card after the loss, theft or for the misuse. However, if you failed to comply
with these obligations, if you appear to have committed fraud, or in the event of a wilful act or gross
negligence on your part, you will be liable for the use of your Card after the loss, theft or for the misuse
of your Card.
Article 7. Extra Card
7.1.
The holder of a Main Card may apply for an Extra Card. This Agreement will equally apply to the holder
of any Extra Card issued.
7.2.
If the Agreement with the holder of the Main Card ends, the Agreement with the holder of any Extra
Card will end as well.
7.3.
Any communications to the Card-holder will be sent only to the holder of the Main Card, also the
communication to the holder of the Extra Card.
7.4.
Any payment of a positive balance will be made only to the holder of the Main Card.
Article 8. Card Fee
8.1.
The annual Card Fee is payable by you, unless agreed otherwise. The amount of the Card Fee is stated in
the Documentation. The Card Fee forms part of the outstanding balance, to which Articles 22 and 25
apply. If the Agreement ends in the course of a current year, we will refund the Card Fee for the
remaining months to you.
Article 9. Personal data
9.1.
We will use your personal information in accordance with and for the purposes laid down in the Dutch
Code of Conduct for the Processing of Personal Data by Financial Institutions. The purposes for which
we process your personal data include:
(a)
the assessment and acceptance of your application for a Card;
(b)
the performance of the Agreement;
(c)
the handling of national and international payment transactions;
(d)
analyses for statistical and research purposes;
(e)
sending information about products, services and promotions. Before doing so we might analyse
your personal data, information about the use of your Card, and the type and quantity of services
you obtain from us;
(f)
protecting the security and integrity of the national and international financial sector, including
combating, prevention and detecting criminal activities as well as attempts to engage in such
activities;
(g)
compliance with statutory obligations.
For the purposes referred to under (a) to (c) inclusive, we may pass on your personal information to
MasterCard. If you do not want to receive the information mentioned under (e), you can let us know
free of charge at freepost number Antwoordnummer 1110, 1110 VB Diemen.
9.2.
Your Card includes insurances. For the execution of these insurance agreements we may pass on your
personal data to the insurance company, which under the applicable (privacy) laws is the responsible
party with respect to the insurance agreements.
9.3.
If you apply for a Card, we will carry out a credit check. We will consult the BKR register for this check.
We will also consult this register and/or credit agencies to obtain information about your financial
situation. We will do this if we have a reasonable interest in such consultation, for example if you apply
for a new spending limit or if you are in arrears with payments.
9.4.
We may record telephone conversations with you for employee training and assessment purposes
and/or for recording evidence.
Article 10. Amendments to the Agreement
10.1.
We may amend the Agreement within the limits set by law. We will inform you about this 2 months
before we amend the Agreement. You must notify us in writing within these 2 months if you disagree
with the amendment. In that case you are entitled to terminate the Agreement at no cost. If you do not
terminate the Agreement within these 2 months, you are considered to have accepted the amendment.
Article 11. Making payments with your Card
11.1.
You can use your Card to make payments to Merchants and withdraw cash from banks or cash points all
over the world. If you insert your Card into a cash point, pay machine or imprinter and subsequently
enter your PIN or place your signature to make a payment and/or withdraw cash, you are considered to
have agreed to the payment. At certain cash points, such as toll or parking machines, you are considered
to have agreed with the payment by inserting your Card only, so without entering your PIN or placing
your signature. If you make an online, telephone or similar purchase, you are considered to have
agreed with the payment by providing your Card details and allowing the payment order. Consenting to
the payment order means that the related amount will be charged to your Card. It is not possible to
cancel payments, payment orders and cash withdrawals after consenting to the transaction.
11.2.
We do not guarantee permanent, uninterrupted use of your Card. This after all depends on many
external factors including the Merchants’ cooperation and the performance of computer or tele-
communication systems operated by us, third parties and/or Merchants. Also the balance on your Card
may be insufficient and a maximum cash withdrawal limit per day could apply. We shall not be liable
when the Card cannot be used, when it cannot be used in time or not in full.
11.3.
If you make a payment with your Card, we will pay the amount in question on your behalf to the
Merchant in question.
11.4.
Merchants and/or affiliated banks may make additional or special requirements on accepting your Card
such as proof of identity. They can also charge you for making payments with your Card.
11.5.
You may instruct us to transfer money from your bank account to your Card and vice versa. We will
carry out these instructions within one working day following the working day on which we received
the instruction. When such instructions are in writing this period is extended by one working day.
When we carry out instructions for a money transfer, this also implies that we will send instructions to
our bank or your bank for further processing. Because of that it may take several working days for the
amount to be credited to your bank account or your Card.
11.6.
A money transfer may be refused or delayed because:
(a)
you didn’t provide the requested information correctly and in full; or
(b)
there is an insufficient balance on your Card or your bank account; or
(c)
your Card has been blocked, is invalid or has been withdrawn; or
(d)
we suspect fraud, misuse or irregularities, or
(e)
there are malfunctions with regard to equipment or means of communication.
We will notify you as soon as possible by telephone, in writing or via email if a money transfer is rejected
or delayed.
Article 12. Savings option
12.1.
You are allowed to have a positive balance on your Card. We will pay interest on a positive balance in
excess of € 500 up to a positive balance of € 1,000,000. The interest rate will be specified on the account
statement if any interest is paid. We may change the interest rate, in which case we will notify you by
means of the account statement or otherwise.
Article 13. Spending limit
13.1.
The spending limit of your Card is determined by us. You are not permitted to spend or withdraw any
amount in excess of this spending limit. You must immediately repay any amounts in excess of the
spending limit to us. We may adjust the spending limit.
13.2.
If you have a positive balance on your Card you may spend the spending limit plus the positive balance.
13.3.
If an Extra Card has been issued, a joint spending limit will apply to the Main Card and Extra Card. Only
the holder of the Main Card may change the spending limit.
Article 14. Foreign currency and transaction charges
14.1. Payments and cash withdrawals in foreign currencies will be converted into Euros on the basis of the
Exchange Rate. The conversion will be carried out on the day we process the payment or cash withdrawal.
Processing depends on the time the payment or cash withdrawal has been communicated to us.
14.2.
We will charge you for cash withdrawals. You need to pay 4% of the amount withdrawn, with a
minimum of € 4.50.
General terms and conditions ABN AMRO Credit Card
Article 15. Account statement
15.1.
We will send you a monthly account statement. It will appear in the secured environment of
‘Creditcard Online’ where you can look at it online. As soon as an account statement is made available
in the secured environment, we will send you an e-mail. A charge of € 1 applies for each account
statement sent to you by regular mail.
15.2.
The account statement states all new expenses and amounts received for that month. The term ‘new
expenses’ includes any charges you owe to us, such as the Card Fee, the Exchange Rate, transaction
charges, penalties and interest. The account statement also specifies the outstanding balance for
that month.
15.3.
If you repay the outstanding balance by way of direct debit, your statement of account will also specify
the date on which your account will be debited for the amount in question, which transaction will take
place within 14 days from the date mentioned on the statement of account.
15.4.
You must immediately check the account statement received or placed in the secure internet
environment, or in any case within 30 days from the account statement date.
15.5.
If you require any additional account statement or information, we may charge you for this. We will
let you know in advance what that charge will be.
Article 16. Disputed amounts
16.1.
If you disagree with any amount stated on your account statement, you can dispute this amount.
You need to dispute the amount as soon as you have checked your account statement. You must
dispute an amount in writing including your grounds and reasons for the dispute. You cannot dispute
an amount on the ground that the Merchant has not complied with his obligations, for example by
delivering goods or services which are incorrect, faulty or broken. Neither can you dispute an amount
on the ground that your Card has been stolen, lost or misused. In that case the provisions of Article 6
apply.
16.2.
If you dispute an amount within 14 days from the account statement date and you provide sufficient
grounds and proof, the disputed amount will be immediately deducted from the outstanding balance.
This occurs provisionally: if it becomes evident that the dispute is unjustified, we will then re-charge
the amount to your Card. The amount will not be deducted from the outstanding balance if there is
no reasonable chance for the disputation to succeed.
16.3.
If you do not dispute the amount within 14 days after the date on the account statement, the
disputed amount will not be deducted from the outstanding balance until it becomes evident that
the dispute is justified.
16.4.
The following disputation is an exception to Articles 16.1 and 16.2:
(a)
at the time you agreed with the transaction, the exact transaction amount was not yet known
(this does not refer to the Exchange Rate); and
(b)
the transaction amount is higher than you could have expected, for example based on your
previous spending patterns.
Any dispute on these grounds needs to have been received by us at least 8 weeks from the date
the amount is processed. If the dispute is justified, we will refund the amount to you within 10
working days.
16.5.
If we ask you to provide any further information or documentation, you must do so within 10 days of
this request.
16.6.
If you fail to meet any of the obligations under this Article, the dispute will not be handled (any further).
16.7.
The term for disputing an amount lapses after 13 months. After this term we are, however, authorised
to correct any general or calculation errors.
Article 17. Liability
17.1.
We will not be liable for any loss and/or damage, on any grounds:
(a)
in connection with products or services that you have paid for with your Card; or
(b)
resulting from the blocking, withdrawal or invalidation of your Card; or
(c)
resulting from our refusal to carry out a payment order.
17.2.
If you instructed us to transfer money from your Card to your bank account or vice versa, and we fail
to carry out this transaction correctly or completely, we will be liable for the amount of that
particular order only. We will not be liable if we can prove that the amount was received by your
bank. If we are liable, we will refund your loss as soon as possible.
Article 18. Insurances
18.1.
Your Card includes a Purchases Insurance (see Article 18.2) and a Flight Delay and Luggage Insurance
(see Article 18.3). The cover of these insurances is determined by the policy conditions. On request
we can send you a copy free of charge. The most important features of these insurances are de-
scribed below.
18.2.
Purchases Insurance: briefly summarized, insurance cover is provided for a period of no more than
180 days from the date of purchase against loss, theft and damage regarding practically all items of
movable property that have been paid for with the Card (either in full or in part). Cover is provided
only if you have your permanent residence in the Netherlands. An excess of € 50 per event applies at
all times.
18.3.
Flight Delay and Luggage Insurance: briefly summarized, insurance cover is provided during a period
of 60 days regarding practically every scheduled flight paid for with the Card against the following
events: flight delay (maximum cover € 140) and luggage delay (maximum cover € 410).
18.4.
If your Card has been blocked for the reason given in Article 2.3.(a), you cannot file a claim under the
insurances until the blockage has been lifted.
Article 19. Delivery and Internet guarantee
19.1.
Delivery guarantee: if a product you paid for with your Card is not delivered on the agreed delivery
date, we will refund the purchase amounts to you providing the following two conditions have been
satisfied:
(a)
you first made an unsuccessful demand to the Merchant to deliver the product; and
(b)
you have requested us to refund the purchase amount within three months from the agreed
delivery date.
We will refund the amount within 30 days of your request, unless the Merchant has, within that
period, delivered the product to you after all, or refunded the purchase amount directly to you. You
may request for the delivery guarantee up to 1 year following the payment date.
19.2.
Internet guarantee: if an unauthorised internet payment has been made with your Card, or an
incorrect amount has been charged to your Card we will refund that amount to you. The Card needs
to have been in your possession at the time of the payment, and you will need to dispute the
payment as described in Article 16.
Article 20. Other provisions
20.1.
Your Card will remain our property. We are authorised to assign the Agreement to a third party provided
that the statutory framework conditions have been met. You have given your prior permission for
that purpose.
20.2.
We may amend, expand or terminate any payment options of your Card.
20.3.
Our administration will serve as conclusive proof. You are entitled to provide proof to the contrary.
20.4.
All of our communications about the use of your Card, the Agreement and its execution will be in
Dutch. Our communications will be made in writing, via email, by text message, by telephone or via
our designated internet sites.
20.5.
We will send you a copy of the Agreement on request.
20.6.
We have an internal complaints procedure. You may submit complaints to us in writing. Should you
not be satisfied about the way we have handled your complaint, you may contact the Dutch Financial
Services Complaints Board (www.kifid.nl) after we have given you our final position on the complaint.
You can also bring your complaint before the Civil Court.
20.7.
This Agreement is governed by the laws of the Netherlands.
SECTION 2. NO INSTALMENT FACILITY
Article 21. Transferring money from your Card account to your bank account
21.1.
If money is transferred from your Card to your bank account, a charge of 2% of the transferred amount
will apply.
Article 22. Repayments and the consequences of non-payment, late payment or partial payment
22.1.
The account statement of your Card specifies the outstanding balance you have to repay us. You must
repay the full outstanding balance within 21 days of the date mentioned on the account statement.
Each time you fail to do so, we will charge you a penalty of 1.17% of the outstanding balance. This
penalty will be specified on the next account statement and will be part of the outstanding balance.
22.2.
If you do not repay the full outstanding balance within 21 days from the date of the subsequent
account statement, we will block your Card.
22.3.
If your Card has been blocked and you repay the full outstanding amount, including penalties, we may
de-block your Card at your request. We may reassess your financial situation before we agree to your
request. After the Card has been de-blocked, you can use your Card as before.
22.4.
We will immediately charge the above-mentioned penalty to your Card without first sending you a
demand for payment. You must immediately pay the penalty to us irrespective of the reason, and whether
or not you are responsible for the partial and/or late payment. In addition to the penalty, you must still
repay the outstanding balance.
22.5.
If your Card is blocked, we will charge you default interest on the outstanding balance until you have
paid this balance in full. The default interest equals the statutory interest for non-commercial transactions.
We may also charge you statutory collection costs calculated over the outstanding balance. Before we
do so, however, we will send you a demand for payment.
22.6.
We are obliged to report any unauthorised arrears in payment to BKR.
Article 23. Balance immediately due and payable
23.1.
If the Agreement is terminated or your Card is blocked, you must repay the outstanding balance imme-
diately and in full.
SECTION 3. SPREAD PAYMENTS FACILITY
Article 24. Spread Payments Facility
24.1.
The Spread Payments Facility is a continuous credit. If we have approved your application, we will confirm
the agreed interest rate, the spending limit, the APR and the total credit amount to be paid by you. This
confirmation forms part of the Agreement, and the percentage and amounts mentioned will apply from
the date the Agreement takes effect.
24.2.
The APR represents the total credit costs, expressed as an annual percentage of the total credit amount.
We determine the APR and the total credit amount to be paid by you on the basis of the following
assumptions: (i) you will withdraw the full amount of your spending limit as a lump sum, (ii) you will
repay this full lump sum in twelve monthly instalments, (iii) you will pay the Card Fee, and (iv) you will
not use your Card for making any further payments.
Article 25. Repayments, interest and waiver
25.1.
The account statement of your Card specifies the outstanding balance you have to repay us. You may
repay the outstanding balance in instalments, for which we will charge you interest. Each month you
must repay us at least 2.5% of the outstanding balance with a minimum of € 20.
25.2.
Interest will be calculated as follows:
(a)
Interest is charged on every amount charged to your Card account. The following amounts may be
charges to your Card: any payment, cash withdrawals, money transfers and costs such as the Card
Fee, Exchange Rate, transaction charges and interest. Interest will be charged on payments and
cash withdrawals starting from the dates they were made. Interest will be calculated on the money
transfers and the costs starting from the date of their entry.
(b)
The interest will be calculated on a daily basis. Depending on the number of days in a month, the
interest amount may therefore vary per month. The interest equals the statutory interest for non-
commercial transactions (which may be found on wetten.overheid.nl by entering the search ‘Besluit
wettelijke rente’ (Statutory Interest Decree) plus the maximum number of percentage points as
contained in section 4 of ‘Besluit Kredietvergoeding’ (Lending Rate Decree). This Decree may be found
on the site wetten.overheid.nl. When interest is charged, the interest rate will be mentioned on the
account statement. We may charge you a lower interest rate.
(c)
We charge you interest on a monthly basis. The interest amount is a separate item on the account
statement but forms part of the outstanding balance.
25.3.
We will not charge you any interest if you repay the outstanding balance given on an account state-
ment in full within 21 days from the date mentioned on the account statement. In that case the interest
is waived. To qualify for such a waiver, you must each time repay the full outstanding balance given on
an account statement.
25.4.
If you do not to repay the full outstanding balance given on an account statement, we will charge you
interest on the full outstanding balance of that account statement, also on the part you did repay
within 21 days. In addition, we will immediately charge interest on all subsequent amounts charged to
your Card. This interest cannot be waived. You will re-qualify for a waiver if you have repaid the full
outstanding balance of a subsequent account statement within 21 days again.
25.5.
Interest will always be charged on money transfers from your Card to your bank account. This interest
will never be waived.
25.6.
Amounts received will be used to pay firstly interest and costs, and secondly the principal amount due.
25.7.
We may change the interest rate with immediate effect. We will notify you of this change via the
account statement or in a different manner.
25.8.
If you do not repay us the minimum amount in full or in time, we will send you a demand for payment.
You must then pay the amount due within 7 days. If you fail to do so, we will charge you default interest
on every outstanding amount. The default interest equals the interest referred to in Article 25.2.(b).
Article 26. Registration at BKR and the consequences of late payment
26.1.
We will register the Agreement with BKR.
26.2.
We are obliged to report any unauthorised arrears in payment to BKR. Such a report may adversely
affect your application for a mortgage or any other loan.
Article 27. Balance immediately due and payable
27.1.
The full outstanding balance must be repaid immediately and in full in any of the following situations:
(a)
You have not repaid the minimum amount due for at least 2 months, even after we have sent you a
demand for payment.
(b)
You knowingly provided incorrect information when you entered into the Agreement with us, and
we would not have entered into the Agreement under any or the same circumstances if we had had
the correct information.
(c)
You have left or will leave the Netherlands to relocate to a different country.
(d)
You have died and we have sound reasons for assuming your obligations under the Agreement will
not be met by your heirs.
(e)
You have been declared bankrupt or you have been granted a statutory debt adjustment.
Article 28. Termination and end of the Agreement
28.1.
After termination of the Agreement, you may no longer use your Card. The Agreement will continue to
apply until you have repaid all amounts due in full. The Agreement will end after that.
This English translation has no legal force and is provided to the customer for convenience only. The conditions in the Dutch language shall be binding and prevail in all respects, see www.icscards.nl/abnamro.
The law of the Netherlands shall apply.

MC-176a-NL-06/2014
These general terms and conditions are made up of three sections:
Section 1: General provisions (Articles 1 to 20)
Section 2: No Spread Payments Facility (Articles 21 to 23)
Section 3: Spread Payments Facility (Articles 24 to 28)
If you have not opted for the Spread Payments Facility, sections 1 and 2 of these general terms and
conditions apply to you. If you have opted for the Spread Payments Facility, sections 1 and 3 of these
general terms and conditions apply to you.
SECTION 1. GENERAL PROVISIONS
Article 1. Definition of terms
ABN AMRO:
ABN AMRO Bank NV, our partner in issuing your Card.
Merchant:
a company, an institution and/or (internet) shop where you can pay with your Card.
BKR:
Credit Registration Office in Tiel.
Card:
the ABN AMRO Credit Card that we have issued to you, which can be either the Main Card or the
Extra Card.
Card Fee:
the annual fee that you must pay us for your Card.
Documentation:
the product information, charges and conditions that you have received from us with
respect to your Card.
Extra Card:
every additional Card that we have issued in addition to a Main Card. An Extra Card is always
linked to a Main Card.
Spread Payments Facility:
the option to repay us the outstanding balance of your Card in instalments.
Main Card:
the Card in addition to which an Extra Card has been issued.
APR:
annual percentage rate
Agreement:
the agreement between you and us with respect to your Card or – if you opted for the Spread
Payments Facility – your Card and the Instalment Facility. The Agreement comprises the
Documentation and these general terms and conditions.
MasterCard:
MasterCard Europe sprl. or MasterCard International Inc.
PIN:
the personal identification number to be used in combination with your Card;
You (you/your):
the holder of the Card;
We (us/our):
International Card Services BV. Visiting address: Wisselwerking 32 1112 XP Diemen, the
Netherlands. Postal address: PO Box 23225, 1100 DS Diemen, the Netherlands. We are regulated by
De Nederlandsche Bank NV (Westeinde 1, 1017 ZN Amsterdam), and by the Netherlands Authority for
the Financial Markets (Autoriteit Financiële Markten, Vijzelgracht 50, 1017 HS Amsterdam).
Exchange Rate:
the exchange rate determined by MasterCard, plus 2%. You can contact us for the applicable
Exchange Rate.
Article 2. Commencement, term and termination of the Agreement
2.1.
The Agreement shall take effect from the moment:
(a)
you activate your Card; or
(b)
you make the first payment or the first cash withdrawal with your Card; or
(c)
you make your first payment to us; or
(d)
you otherwise agree with the Agreement.
2.2.
The Agreement is entered into for an indefinite period. You are entitled to terminate the Agreement
in writing or by telephone at all times with observance of a 2-week notice period. We are also
entitled to terminate the Agreement, in which case a 2-month notice period applies.
2.3.
We are authorised to immediately block your Card and the related facilities if any of the following
situations occur or seem to occur:
(a)
you are in breach of the Agreement, for example if you are in arrears with payments; or
(b)
your Card is reported stolen, lost or missing; or
(c)
your credit rating has deteriorated significantly; or
(d)
the outstanding balance exceeds the spending limit; or
(e)
you have been declared bankrupt or you have been granted a statutory debt adjustment; or
(f)
misuse, unauthorised use or fraudulent use of your Card; or
(g)
you die; or
(h)
you have left or will leave the Netherlands to relocate to a different country; or
(i)
you no longer reside at the home address you provided to us; or
(j)
you are involved in fraud.
2.4.
If we block your Card, we will notify you as soon as possible. We will not do this if this constitutes a
breach of the law or if this is unwanted due to security reasons.
2.5.
Your Card has an expiry date. Your Card is valid up until that date. Prior to this date we may declare
your Card invalid, or issue a new Card. A new Card will be attached to the general terms and
conditions and sent to you. The general terms and conditions to which your Card is attached will
apply to the use of your Card.
2.6.
You may dissolve the Agreement within 14 calendar days from its commencement date. This can be
done free of charge. If, however, you have already used your Card or the related facilities within that
period, you will of course need to repay us the costs for that use. If you had already paid your Card
Fee, we will refund it to you.
2.7.
If the Agreement has been terminated or your Card has been blocked:
(a)
you may no longer use your Card;
(b)
your Card is invalid;
(c)
your Card can be rejected and/or withdrawn by us, a Merchant or a bank;
(d)
at our request you must cut your Card into four pieces and return it to us. If you do not return the
cut-up Card, a penalty will be due. The penalty is € 25 for every day your Card is returned too late.
The total penalty will not exceed € 1,000. If our loss and/or damage exceeds € 1,000 we may
also recover the amount in excess of the total penalty.
Article 3. Our general obligations
3.1.
We will perform our services with due care.
Article 4. Your general obligations
4.1.
Your Card is personal. You are responsible for the use of your Card and must carefully keep your Card
in a safe place.
4.2.
Whenever you use your Card, you must check if your own Card is returned. You must check at least
once a day if your Card is still in your possession.
4.3.
We may issue instructions on the safe use of your Card, such as
‘MasterCard Secure Code’
for making
online purchases, or instructions on keeping your PIN secret. You must follow these instructions.
4.4.
You must notify ABN AMRO immediately of any changes in your contact details such as your email
address, and any other changes relevant to the Agreement.
Article 5. PIN and confidentiality
5.1.
Your Card has a PIN. This PIN has been chosen by you or was issued to you automatically. Just like
your Card, this PIN is non-transferable and may only be used by you.
5.2.
You must not disclose the PIN to anyone, including relatives, housemates and our employees. You
need to ensure that others cannot see you entering your PIN. You must not write down the PIN on
your Card or on any document you keep with your Card. Should you write down the PIN, you must
ensure that others cannot recognise it as such or can identify its use.
5.3.
Any additional personalised security codes concerning your Card, such as a login name, password or
e-Code, may also only be used by you and must be kept secret as well.
Article 6. Loss, theft and misuse
6.1.
You must notify us by telephone of any loss, theft or (suspected) misuse of your Card, PIN and/or
other personalised security codes. You must do this immediately after you have discovered this or
could have discovered this, for example by checking your account statements or the secure internet
environment. You must confirm this notification immediately to us in writing and you must file a
report with the police.
6.2.
If you have complied with your obligations under Articles 4, 5 and 6.1, you will not bear any risk con-
cerning the use of your Card after the loss, theft or for the misuse. However, if you failed to comply
with these obligations, if you appear to have committed fraud, or in the event of a wilful act or gross
negligence on your part, you will be liable for the use of your Card after the loss, theft or for the misuse
of your Card.
Article 7. Extra Card
7.1.
The holder of a Main Card may apply for an Extra Card. This Agreement will equally apply to the holder
of any Extra Card issued.
7.2.
If the Agreement with the holder of the Main Card ends, the Agreement with the holder of any Extra
Card will end as well.
7.3.
Any communications to the Card-holder will be sent only to the holder of the Main Card, also the
communication to the holder of the Extra Card.
7.4.
Any payment of a positive balance will be made only to the holder of the Main Card.
Article 8. Card Fee
8.1.
The annual Card Fee is payable by you, unless agreed otherwise. The amount of the Card Fee is stated in
the Documentation. The Card Fee forms part of the outstanding balance, to which Articles 22 and 25
apply. If the Agreement ends in the course of a current year, we will refund the Card Fee for the
remaining months to you.
Article 9. Personal data
9.1.
We will use your personal information in accordance with and for the purposes laid down in the Dutch
Code of Conduct for the Processing of Personal Data by Financial Institutions. The purposes for which
we process your personal data include:
(a)
the assessment and acceptance of your application for a Card;
(b)
the performance of the Agreement;
(c)
the handling of national and international payment transactions;
(d)
analyses for statistical and research purposes;
(e)
sending information about products, services and promotions. Before doing so we might analyse
your personal data, information about the use of your Card, and the type and quantity of services
you obtain from us;
(f)
protecting the security and integrity of the national and international financial sector, including
combating, prevention and detecting criminal activities as well as attempts to engage in such
activities;
(g)
compliance with statutory obligations.
For the purposes referred to under (a) to (c) inclusive, we may pass on your personal information to
MasterCard. If you do not want to receive the information mentioned under (e), you can let us know
free of charge at freepost number Antwoordnummer 1110, 1110 VB Diemen.
9.2.
Your Card includes insurances. For the execution of these insurance agreements we may pass on your
personal data to the insurance company, which under the applicable (privacy) laws is the responsible
party with respect to the insurance agreements.
9.3.
If you apply for a Card, we will carry out a credit check. We will consult the BKR register for this check.
We will also consult this register and/or credit agencies to obtain information about your financial
situation. We will do this if we have a reasonable interest in such consultation, for example if you apply
for a new spending limit or if you are in arrears with payments.
9.4.
We may record telephone conversations with you for employee training and assessment purposes
and/or for recording evidence.
Article 10. Amendments to the Agreement
10.1.
We may amend the Agreement within the limits set by law. We will inform you about this 2 months
before we amend the Agreement. You must notify us in writing within these 2 months if you disagree
with the amendment. In that case you are entitled to terminate the Agreement at no cost. If you do not
terminate the Agreement within these 2 months, you are considered to have accepted the amendment.
Article 11. Making payments with your Card
11.1.
You can use your Card to make payments to Merchants and withdraw cash from banks or cash points all
over the world. If you insert your Card into a cash point, pay machine or imprinter and subsequently
enter your PIN or place your signature to make a payment and/or withdraw cash, you are considered to
have agreed to the payment. At certain cash points, such as toll or parking machines, you are considered
to have agreed with the payment by inserting your Card only, so without entering your PIN or placing
your signature. If you make an online, telephone or similar purchase, you are considered to have
agreed with the payment by providing your Card details and allowing the payment order. Consenting to
the payment order means that the related amount will be charged to your Card. It is not possible to
cancel payments, payment orders and cash withdrawals after consenting to the transaction.
11.2.
We do not guarantee permanent, uninterrupted use of your Card. This after all depends on many
external factors including the Merchants’ cooperation and the performance of computer or tele-
communication systems operated by us, third parties and/or Merchants. Also the balance on your Card
may be insufficient and a maximum cash withdrawal limit per day could apply. We shall not be liable
when the Card cannot be used, when it cannot be used in time or not in full.
11.3.
If you make a payment with your Card, we will pay the amount in question on your behalf to the
Merchant in question.
11.4.
Merchants and/or affiliated banks may make additional or special requirements on accepting your Card
such as proof of identity. They can also charge you for making payments with your Card.
11.5.
You may instruct us to transfer money from your bank account to your Card and vice versa. We will
carry out these instructions within one working day following the working day on which we received
the instruction. When such instructions are in writing this period is extended by one working day.
When we carry out instructions for a money transfer, this also implies that we will send instructions to
our bank or your bank for further processing. Because of that it may take several working days for the
amount to be credited to your bank account or your Card.
11.6.
A money transfer may be refused or delayed because:
(a)
you didn’t provide the requested information correctly and in full; or
(b)
there is an insufficient balance on your Card or your bank account; or
(c)
your Card has been blocked, is invalid or has been withdrawn; or
(d)
we suspect fraud, misuse or irregularities, or
(e)
there are malfunctions with regard to equipment or means of communication.
We will notify you as soon as possible by telephone, in writing or via email if a money transfer is rejected
or delayed.
Article 12. Savings option
12.1.
You are allowed to have a positive balance on your Card. We will pay interest on a positive balance in
excess of € 500 up to a positive balance of € 1,000,000. The interest rate will be specified on the account
statement if any interest is paid. We may change the interest rate, in which case we will notify you by
means of the account statement or otherwise.
Article 13. Spending limit
13.1.
The spending limit of your Card is determined by us. You are not permitted to spend or withdraw any
amount in excess of this spending limit. You must immediately repay any amounts in excess of the
spending limit to us. We may adjust the spending limit.
13.2.
If you have a positive balance on your Card you may spend the spending limit plus the positive balance.
13.3.
If an Extra Card has been issued, a joint spending limit will apply to the Main Card and Extra Card. Only
the holder of the Main Card may change the spending limit.
Article 14. Foreign currency and transaction charges
14.1. Payments and cash withdrawals in foreign currencies will be converted into Euros on the basis of the
Exchange Rate. The conversion will be carried out on the day we process the payment or cash withdrawal.
Processing depends on the time the payment or cash withdrawal has been communicated to us.
14.2.
We will charge you for cash withdrawals. You need to pay 4% of the amount withdrawn, with a
minimum of € 4.50.
General terms and conditions ABN AMRO Credit Card
Article 15. Account statement
15.1.
We will send you a monthly account statement. It will appear in the secured environment of
‘Creditcard Online’ where you can look at it online. As soon as an account statement is made available
in the secured environment, we will send you an e-mail. A charge of € 1 applies for each account
statement sent to you by regular mail.
15.2.
The account statement states all new expenses and amounts received for that month. The term ‘new
expenses’ includes any charges you owe to us, such as the Card Fee, the Exchange Rate, transaction
charges, penalties and interest. The account statement also specifies the outstanding balance for
that month.
15.3.
If you repay the outstanding balance by way of direct debit, your statement of account will also specify
the date on which your account will be debited for the amount in question, which transaction will take
place within 14 days from the date mentioned on the statement of account.
15.4.
You must immediately check the account statement received or placed in the secure internet
environment, or in any case within 30 days from the account statement date.
15.5.
If you require any additional account statement or information, we may charge you for this. We will
let you know in advance what that charge will be.
Article 16. Disputed amounts
16.1.
If you disagree with any amount stated on your account statement, you can dispute this amount.
You need to dispute the amount as soon as you have checked your account statement. You must
dispute an amount in writing including your grounds and reasons for the dispute. You cannot dispute
an amount on the ground that the Merchant has not complied with his obligations, for example by
delivering goods or services which are incorrect, faulty or broken. Neither can you dispute an amount
on the ground that your Card has been stolen, lost or misused. In that case the provisions of Article 6
apply.
16.2.
If you dispute an amount within 14 days from the account statement date and you provide sufficient
grounds and proof, the disputed amount will be immediately deducted from the outstanding balance.
This occurs provisionally: if it becomes evident that the dispute is unjustified, we will then re-charge
the amount to your Card. The amount will not be deducted from the outstanding balance if there is
no reasonable chance for the disputation to succeed.
16.3.
If you do not dispute the amount within 14 days after the date on the account statement, the
disputed amount will not be deducted from the outstanding balance until it becomes evident that
the dispute is justified.
16.4.
The following disputation is an exception to Articles 16.1 and 16.2:
(a)
at the time you agreed with the transaction, the exact transaction amount was not yet known
(this does not refer to the Exchange Rate); and
(b)
the transaction amount is higher than you could have expected, for example based on your
previous spending patterns.
Any dispute on these grounds needs to have been received by us at least 8 weeks from the date
the amount is processed. If the dispute is justified, we will refund the amount to you within 10
working days.
16.5.
If we ask you to provide any further information or documentation, you must do so within 10 days of
this request.
16.6.
If you fail to meet any of the obligations under this Article, the dispute will not be handled (any further).
16.7.
The term for disputing an amount lapses after 13 months. After this term we are, however, authorised
to correct any general or calculation errors.
Article 17. Liability
17.1.
We will not be liable for any loss and/or damage, on any grounds:
(a)
in connection with products or services that you have paid for with your Card; or
(b)
resulting from the blocking, withdrawal or invalidation of your Card; or
(c)
resulting from our refusal to carry out a payment order.
17.2.
If you instructed us to transfer money from your Card to your bank account or vice versa, and we fail
to carry out this transaction correctly or completely, we will be liable for the amount of that
particular order only. We will not be liable if we can prove that the amount was received by your
bank. If we are liable, we will refund your loss as soon as possible.
Article 18. Insurances
18.1.
Your Card includes a Purchases Insurance (see Article 18.2) and a Flight Delay and Luggage Insurance
(see Article 18.3). The cover of these insurances is determined by the policy conditions. On request
we can send you a copy free of charge. The most important features of these insurances are de-
scribed below.
18.2.
Purchases Insurance: briefly summarized, insurance cover is provided for a period of no more than
180 days from the date of purchase against loss, theft and damage regarding practically all items of
movable property that have been paid for with the Card (either in full or in part). Cover is provided
only if you have your permanent residence in the Netherlands. An excess of € 50 per event applies at
all times.
18.3.
Flight Delay and Luggage Insurance: briefly summarized, insurance cover is provided during a period
of 60 days regarding practically every scheduled flight paid for with the Card against the following
events: flight delay (maximum cover € 140) and luggage delay (maximum cover € 410).
18.4.
If your Card has been blocked for the reason given in Article 2.3.(a), you cannot file a claim under the
insurances until the blockage has been lifted.
Article 19. Delivery and Internet guarantee
19.1.
Delivery guarantee: if a product you paid for with your Card is not delivered on the agreed delivery
date, we will refund the purchase amounts to you providing the following two conditions have been
satisfied:
(a)
you first made an unsuccessful demand to the Merchant to deliver the product; and
(b)
you have requested us to refund the purchase amount within three months from the agreed
delivery date.
We will refund the amount within 30 days of your request, unless the Merchant has, within that
period, delivered the product to you after all, or refunded the purchase amount directly to you. You
may request for the delivery guarantee up to 1 year following the payment date.
19.2.
Internet guarantee: if an unauthorised internet payment has been made with your Card, or an
incorrect amount has been charged to your Card we will refund that amount to you. The Card needs
to have been in your possession at the time of the payment, and you will need to dispute the
payment as described in Article 16.
Article 20. Other provisions
20.1.
Your Card will remain our property. We are authorised to assign the Agreement to a third party provided
that the statutory framework conditions have been met. You have given your prior permission for
that purpose.
20.2.
We may amend, expand or terminate any payment options of your Card.
20.3.
Our administration will serve as conclusive proof. You are entitled to provide proof to the contrary.
20.4.
All of our communications about the use of your Card, the Agreement and its execution will be in
Dutch. Our communications will be made in writing, via email, by text message, by telephone or via
our designated internet sites.
20.5.
We will send you a copy of the Agreement on request.
20.6.
We have an internal complaints procedure. You may submit complaints to us in writing. Should you
not be satisfied about the way we have handled your complaint, you may contact the Dutch Financial
Services Complaints Board (www.kifid.nl) after we have given you our final position on the complaint.
You can also bring your complaint before the Civil Court.
20.7.
This Agreement is governed by the laws of the Netherlands.
SECTION 2. NO INSTALMENT FACILITY
Article 21. Transferring money from your Card account to your bank account
21.1.
If money is transferred from your Card to your bank account, a charge of 2% of the transferred amount
will apply.
Article 22. Repayments and the consequences of non-payment, late payment or partial payment
22.1.
The account statement of your Card specifies the outstanding balance you have to repay us. You must
repay the full outstanding balance within 21 days of the date mentioned on the account statement.
Each time you fail to do so, we will charge you a penalty of 1.17% of the outstanding balance. This
penalty will be specified on the next account statement and will be part of the outstanding balance.
22.2.
If you do not repay the full outstanding balance within 21 days from the date of the subsequent
account statement, we will block your Card.
22.3.
If your Card has been blocked and you repay the full outstanding amount, including penalties, we may
de-block your Card at your request. We may reassess your financial situation before we agree to your
request. After the Card has been de-blocked, you can use your Card as before.
22.4.
We will immediately charge the above-mentioned penalty to your Card without first sending you a
demand for payment. You must immediately pay the penalty to us irrespective of the reason, and whether
or not you are responsible for the partial and/or late payment. In addition to the penalty, you must still
repay the outstanding balance.
22.5.
If your Card is blocked, we will charge you default interest on the outstanding balance until you have
paid this balance in full. The default interest equals the statutory interest for non-commercial transactions.
We may also charge you statutory collection costs calculated over the outstanding balance. Before we
do so, however, we will send you a demand for payment.
22.6.
We are obliged to report any unauthorised arrears in payment to BKR.
Article 23. Balance immediately due and payable
23.1.
If the Agreement is terminated or your Card is blocked, you must repay the outstanding balance imme-
diately and in full.
SECTION 3. SPREAD PAYMENTS FACILITY
Article 24. Spread Payments Facility
24.1.
The Spread Payments Facility is a continuous credit. If we have approved your application, we will confirm
the agreed interest rate, the spending limit, the APR and the total credit amount to be paid by you. This
confirmation forms part of the Agreement, and the percentage and amounts mentioned will apply from
the date the Agreement takes effect.
24.2.
The APR represents the total credit costs, expressed as an annual percentage of the total credit amount.
We determine the APR and the total credit amount to be paid by you on the basis of the following
assumptions: (i) you will withdraw the full amount of your spending limit as a lump sum, (ii) you will
repay this full lump sum in twelve monthly instalments, (iii) you will pay the Card Fee, and (iv) you will
not use your Card for making any further payments.
Article 25. Repayments, interest and waiver
25.1.
The account statement of your Card specifies the outstanding balance you have to repay us. You may
repay the outstanding balance in instalments, for which we will charge you interest. Each month you
must repay us at least 2.5% of the outstanding balance with a minimum of € 20.
25.2.
Interest will be calculated as follows:
(a)
Interest is charged on every amount charged to your Card account. The following amounts may be
charges to your Card: any payment, cash withdrawals, money transfers and costs such as the Card
Fee, Exchange Rate, transaction charges and interest. Interest will be charged on payments and
cash withdrawals starting from the dates they were made. Interest will be calculated on the money
transfers and the costs starting from the date of their entry.
(b)
The interest will be calculated on a daily basis. Depending on the number of days in a month, the
interest amount may therefore vary per month. The interest equals the statutory interest for non-
commercial transactions (which may be found on wetten.overheid.nl by entering the search ‘Besluit
wettelijke rente’ (Statutory Interest Decree) plus the maximum number of percentage points as
contained in section 4 of ‘Besluit Kredietvergoeding’ (Lending Rate Decree). This Decree may be found
on the site wetten.overheid.nl. When interest is charged, the interest rate will be mentioned on the
account statement. We may charge you a lower interest rate.
(c)
We charge you interest on a monthly basis. The interest amount is a separate item on the account
statement but forms part of the outstanding balance.
25.3.
We will not charge you any interest if you repay the outstanding balance given on an account state-
ment in full within 21 days from the date mentioned on the account statement. In that case the interest
is waived. To qualify for such a waiver, you must each time repay the full outstanding balance given on
an account statement.
25.4.
If you do not to repay the full outstanding balance given on an account statement, we will charge you
interest on the full outstanding balance of that account statement, also on the part you did repay
within 21 days. In addition, we will immediately charge interest on all subsequent amounts charged to
your Card. This interest cannot be waived. You will re-qualify for a waiver if you have repaid the full
outstanding balance of a subsequent account statement within 21 days again.
25.5.
Interest will always be charged on money transfers from your Card to your bank account. This interest
will never be waived.
25.6.
Amounts received will be used to pay firstly interest and costs, and secondly the principal amount due.
25.7.
We may change the interest rate with immediate effect. We will notify you of this change via the
account statement or in a different manner.
25.8.
If you do not repay us the minimum amount in full or in time, we will send you a demand for payment.
You must then pay the amount due within 7 days. If you fail to do so, we will charge you default interest
on every outstanding amount. The default interest equals the interest referred to in Article 25.2.(b).
Article 26. Registration at BKR and the consequences of late payment
26.1.
We will register the Agreement with BKR.
26.2.
We are obliged to report any unauthorised arrears in payment to BKR. Such a report may adversely
affect your application for a mortgage or any other loan.
Article 27. Balance immediately due and payable
27.1.
The full outstanding balance must be repaid immediately and in full in any of the following situations:
(a)
You have not repaid the minimum amount due for at least 2 months, even after we have sent you a
demand for payment.
(b)
You knowingly provided incorrect information when you entered into the Agreement with us, and
we would not have entered into the Agreement under any or the same circumstances if we had had
the correct information.
(c)
You have left or will leave the Netherlands to relocate to a different country.
(d)
You have died and we have sound reasons for assuming your obligations under the Agreement will
not be met by your heirs.
(e)
You have been declared bankrupt or you have been granted a statutory debt adjustment.
Article 28. Termination and end of the Agreement
28.1.
After termination of the Agreement, you may no longer use your Card. The Agreement will continue to
apply until you have repaid all amounts due in full. The Agreement will end after that.
This English translation has no legal force and is provided to the customer for convenience only. The conditions in the Dutch language shall be binding and prevail in all respects, see www.icscards.nl/abnamro.
The law of the Netherlands shall apply.

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