Yes, it’s true. Over the last couple of weeks, banks have been sending out their new business conditions (plus special conditions), which in the case of my bank is
27 pages of good old
"Amtsdeutsch", plus a letter of agreement which
must be signed and sent back to them.
Undoubtedly, an awful lot of people will not read through the conditions, at least not to page 20 where these catchy paragraphs below have been added. An awful lot of Germans would not understand the implications of the terminology anyway, so for most non-German speakers it will be totally impossible to understand at all.
Here a very brief translated overview:
The cardholder will be liable for up to €150.00 worth of withdrawals, or until the card is blocked. If the card holder has written the PIN on the card, or has been negligent in some other way, then he is fully responsible for all monies withdrawn (until the card is blocked), limited only to the maximum amount which can be drawn on the card in any case.
Of course, as the PIN is mostly required to withdraw money or to pay for goods, it would appear that the customer is liable for everything until the card is blocked, irrespective of the €150.00 limit (see below re. burden of proof). Any claims for payment made where a PIN is not required is excluded entirely by the bank, and will be a [undoubtedly costly] dispute between retailer and customer.
If that were not enough, and contrary to normal common law, the onus probandi
lies with the customer to prove that was not negligent; instead of the bank having to prove that
he was negligent! A case of: "Guilty until proven Innocent."
Worst case scenario: A card is lost/stolen, somehow the finder/thief finds/works-out the PIN, withdraws up to the maximum credit limit and happily buys in shops where no PIN is required. The customer loses all money withdrawn without any recourse (can be 1000s of Euros); has to pay for blocking the card (€10.00), pay for a new card (€15.00), and pay for a solicitor to fight retailers trying to get their money back!
I
did read the conditions from beginning to end (
yawn) when I received them, and I have complained to the bank. I received a cup of coffee, words of understanding, and acknowledgement of the fact that if I don’t accept the conditions, I will cease to be a customer.
IMHO it is a perfect and dramatic example of just how much power the banks have in Germany, and where the Government has bowed out and allowed the banks a free interpretation of a ruling from Brussels regarding banking procedures. On the one hand, we (the customers) must pay for their incredible incompetence, and on the other hand they present us with a “like it or lump it” attitude, simply because the competition demands the same conditions. If I were to treat my customers in this way, I would be out of business within days!
Therefore, once more the serious warning.
- Only carry a card when absolutely necessary
- If the card has a money chip (so-called "Geldkarte") never credit more than a minimal amount. This function cannot cannot be blocked.
- Never, ever write down the PIN and carry it with you
- If the card is lost, telephone 116 116 immediately to block it (memorize the account number)
– and pray that no one has already used it!