Betingelser og vilkår

1. Definitions & Interpretation

2. Your Cardholder Agreement and Card

2.1 Your Card is issued by us pursuant to a licence from the Scheme and your rights and obligations relating to the use of the Card are subject to this Cardholder Agreement.
2.2 You can download or print the latest version of this Cardholder Agreement at any time from the Website and/or request a paper copy from Customer Services.
2.3 If you do not agree with or accept any of these terms and conditions, you should cancel your Card.

3. Activation of your Card

3.1 To apply for, and use a Card, you must be at least 18 and a resident of the United Kingdom or the European Economic Area, with the exception of Slovenia, Cyprus, Liechtenstein and Iceland, and you must own or permanently rent a residential property in Spain. The intended purpose of the Account and Cards is to manage living expenses associated with your property in Spain.
3.2 Cards may be ordered via the App.
3.3 You have the option of ordering a Physical Card and two Additional Cards. The Additional Cards may be one Physical and/or one Virtual Card. A maximum of three Cards may be ordered.
3.4 When you receive your Physical Card, you must follow the instructions in the App to activate it.
3.5 Provided we have been able to undertake KYC, you shall receive an activation confirmation by email or on your App and you will be able to use the Card.
3.6 We reserve the right to request further KYC documents and verification of your source of funds at any point.

4. Personal Details

4.1. When entering into Transactions over the internet, some websites may require you to enter your Personal Details and in such instances you should supply the most recent Personal Details that you have provided us with.
4.2. You must notify us of any change in your Personal Details as soon as possible by contacting Customer Services or updating the details in the App. You will be liable for any loss that directly results from any failure to notify us of a change in your Personal Details as a result of undue delay, your gross negligence or fraud. We will need to verify your new Personal Details and may request relevant KYC information/documents from you as applicable.
4.3. We reserve the right at any time to satisfy ourselves as to your Personal Details (for example, by requesting relevant original documents) including for the purposes of preventing fraud and/or money laundering. In addition, at the time of your application or at any time in the future, in connection with your Card, you authorise us to undertake electronic identity verification checks on you either directly or using relevant third parties.

5. Using your Card

5.1. Your use of the Card is subject to the fees and limits detailed in the Fees & Limits Schedule.
5.2. Your Card is to be used to spend the funds on your Account. Please refer to the Account Terms for information on how to receive funds into your Account.
5.3. Unless we inform you otherwise, you can use the Card at any Merchant who accepts the Scheme to carry out Transactions.
5.4. If for any reason a Transaction is carried out but its amount exceeds the Available Balance, you must pay us the deficit immediately, and if you fail to do so after receiving a notification from us, we reserve the right to take all necessary steps, including legal action, to recover this deficit.
5.5. There are certain circumstances where a Merchant may require you to have an Available Balance greater than the value of the Transaction you wish to make and you will only be charged for the actual and final value of the Transaction. Merchants may request this as they may need to access more funds than you initially planned to spend for example, when making hotel or rental car reservations. In the event that a Merchant has prior authorisation on your Card, you will not have access to the relevant funds until the Transaction is completed or, if sooner, up to a period of 30 days. We will only block access to the exact amount of funds authorised by you.
5.6. Your Card cannot be used where such Merchants are unable to obtain online authorisation that you have sufficient Available Balance for the Transaction (for example, Transactions made on trains, ships, some in-flight purchases and tollbooths). We accept no liability if a Merchant refuses to accept payment using the Card.
5.7. We do not recommend using a Virtual Card to purchase an item over the internet that subsequently would require the presentation of a physical Card in order to obtain that item. Examples include certain theatre ticket purchases, hotel stays, car rentals, and online purchases picked up in person.
5.8. You must not use the Card for any illegal purposes.

6. Authorising Card Transactions

6.1. You will need to give your consent to each Transaction so that we can check it is genuine by, where applicable, a) using your PIN or other security code personal to you; b) providing the Card details and/or providing any other details personal to you and/or your Card. Once you have given such consent to the Transaction, it will be deemed to be authorised.
6.2. The time of receipt of a Transaction order is when we receive it.
6.3. Once a Transaction has been authorised by you and received by us, it cannot be revoked.
6.4. Where a Merchant’s payment service provider is located within the EEA and the payment services being carried out are in the currency of an EEA Member State, we shall ensure the cash transfer to the Merchant’s payment service provider within 4 Business Days following the day on which the Transaction order is received.
6.5. Certain Merchants may not accept payments made through the Card and we accept no liability for this: it is your responsibility to check the restrictions of each Merchant.
6.6. Your ability to use or access the Card may occasionally be interrupted, for example if we need to carry out maintenance on our systems or websites. Please contact Customer Services to notify us of any problems you are experiencing using your Card and we will try to resolve these as soon as possible.

7. Additional Cards

7.1. At our sole discretion and provided we have received sufficient KYC information/documents (in accordance with condition 4.3), you may be eligible to apply for up to 2 Additional Cards (one of which may be Physical and the other Virtual) connected directly to your Account, for use by Additional Cardholders. You can request an Additional Card in the App.
7.2. Additional Cardholders must be at least 18 years old. You shall be responsible for any use of any Additional Cards by such persons. We may request KYC for each Additional Cardholder as required.
7.3. If your Additional Card application is successful, we will send you an Additional Card which you may give to the nominated Additional Cardholder for their exclusive use, provided that:
i. you provide the Additional Cardholder with a copy of these terms and conditions (which will then bind use by both of you);
ii. the Additional Card is used only by that Additional Cardholder;
iii. you retain the Primary Card for your sole and exclusive use in accordance with this Agreement;
iv. all Transactions made on the Additional Card shall be considered as having been authorised directly by the Primary Cardholder, who shall be responsible for such Transactions and any applicable Fees.
7.4. Additional Cardholders are not permitted to add funds to the Account. 

8. Managing & Protecting Your Card

8.1. When you request your Physical or Virtual Card on the App, you will be requested to create a PIN. You will need this PIN in order to make cash withdrawals from an ATM or at a bank.
8.2. If you forget your PIN, you can create a new one within the App.
8.3. You must not give your Card to any other person or allow any other person to use it.
8.4. You are responsible for protecting your Card, PIN, Username and Passcode (together your “Security Details”) and must take all possible measures to keep them safe and entirely confidential. Such measures include (but are not limited to):
i. memorising your PIN as soon as you create it;
ii. never writing your PIN on your Card or on anything you usually keep with your Card;
iii. keeping your PIN secret at all times for example, by not using your PIN if anyone else is watching.
8.5 Failure to comply with this condition 8 may affect your ability to claim any losses in the event that we can show that you have intentionally failed to keep the information safe or you have acted fraudulently, with undue delay or with gross negligence. In all other circumstances, your maximum liability shall be as set out below at condition 15.
8.6 If you believe that someone else knows your PIN or Security Details, you must notify us by contacting Customer Services immediately.
8.7 In the event that we suspect or believe that your Card may be subject to any fraud or security threats, we will notify you securely via either a telephone call during which we will ask you to answer security questions or by a notification sent your mobile device and App.
8.8 Once your Card has expired or if it is found after you have reported it as lost or stolen you must destroy it by cutting it in two through the magnetic strip.

9. Cancellation

9.1 If you have ordered your Card via the App, you may cancel it free of charge before activating and using it, and up to 14 calendar days after the date of activation (the Cancellation Period) by writing to Customer Services.  This does not apply to replacement Cards where the cancellation period for the original Card has expired.
9.2 You may also terminate your Card at any time by contacting Customer Services.
9.3 Once your Card has been cancelled, it will be your responsibility to destroy your Physical Card(s).

10. Expiry

10.1 You will not be able to use your Card following its Expiry Date. This Cardholder Agreement shall terminate on the Expiry Date unless you are issued with a replacement card.

11. Termination or Suspension of your Card

11.1. When this Agreement is terminated, your Card is closed. We may terminate this Cardholder Agreement at any time by giving you two months’ advance notice which we shall send to the most recent email address which you have provided to us.
11.2 We can suspend your Card, restrict its functionality or terminate this Agreement at any time with immediate effect if:
i. you haven’t given us the information we need or we believe that any of the information that you have provided to us was incorrect or false; or
ii. you do not repay money that you owe to us; or
iii. you fail to provide the Personal Data necessary for us to comply with our legal obligations and to fulfil this Agreement; or
iv. the Account Terms with SEFIDE E.D.E have been suspended, restricted or terminated; or
v. we reasonably suspect that the security of the Card has been compromised or that you, or any third party, have used, or intend to use the Card in a grossly negligent manner or for fraudulent or other unlawful purposes; or
vi. we believe that your use of the Card may result in harm to us or our systems; or
vii. we believe that your continued use of the Card may damage our reputation; or
viii. you become bankrupt; or
ix. we are required to do so under Applicable Law or where we believe that continued use of the Card may be in breach of Applicable Law; or
x. we cannot process some or all of your Transactions due to the actions of third parties; or
xi. you have breached this Agreement.
11.3 In the event that we do suspend or terminate your Card then, where lawfully permitted, we shall notify you in advance or as soon as possible afterwards. We may advise anyone involved in the Transaction if a suspension has taken place.

12. Loss or Theft of your Card.

12.1. You are responsible for protecting your Security Details as if it were cash in your wallet.
12.2. You must contact us without delay by calling us on +34 865 628 733 if you know or suspect that any of your Security Details are lost, stolen, misappropriated or subject to unauthorised use or are known to an unauthorised person or you think that a Transaction has been incorrectly executed.
12.3. If our investigations reveal that you authorised a disputed Transaction or that you acted fraudulently or that you negligently or with intent breached the terms of this Cardholder Agreement (for example, by not keeping your Security Details safe), you may be liable for any loss we suffer due to use of the Security Details.
12.4. Once a loss, theft or unauthorised use of your Card is reported, use of the Card shall be blocked to avoid further losses.
12.5. Replacement Cards will be sent to the most recent address you have provided and may be subject to a Fee, as per Schedule 1.
12.6. You agree to cooperate with our agents, any supervisory authority, the police and us if your Security Details are lost, stolen or if we suspect fraudulent use of the Security Details.
12.7 In the event that you inform us of an unauthorised or incorrectly executed Transaction without undue delay, and in any event no later than 13 months after the debit date, we will assist with any Mastercard refund immediately unless we have any reason to believe that the incident may have been caused by a breach of this Cardholder Agreement, through gross negligence or we have reasonable grounds to suspect fraud.
12.8 In the event of a non-executed or defectively executed Transaction, we will make immediate efforts to trace the Transaction and will notify you of the outcome. We will not charge you for such efforts. In the event that we are liable for such Transaction, we will refund the amount, together with the amount of any resulting charges to which you may be subject, without undue delay.
12.9 In the event that a Transaction that was executed within the EEA arrived later than it should have according to the terms of this Cardholder Agreement, you may request that we contact the receiving payment institution to ask them to treat it as if it was made on time.
12.10 In the event that a Transaction is made which is initiated by a Payee, we will provide a refund of that amount, subject to clause 12.12, only in circumstances where you can prove that:
12.10.1 the exact Transaction amount was not specified when you authorised the payment; and
12.10.2 the amount of the Transaction exceeds the amount that you could have reasonably expected, taking into account your previous spending pattern, the terms of this Cardholder Agreement and the relevant circumstances of the case.
12.11 The refund referred to in 12.10 will not be provided if:
12.11.1 the amount relates to currency exchange fluctuations; or
12.11.2 you have given your consent to execute the Transaction directly to us; or
12.11.3 information on the Transaction was provided or made available in an agreed manner to you at least 4 weeks prior to the due date of the Transaction; or
12.11.4 you request the refund from us later than 8 weeks from the date on which it was debited.
12.12 Should any of the events listed in clauses 12.8 to 12.11 occur, please contact support@getbueno.com who will assist you with the refund process.

13. Payment Disputes

13.1 If you have a dispute about a Transaction that you have authorised and which has been processed on your Card, you should settle this with the person you bought the goods or services from in the first instance. We are not responsible for the quality, safety, legality or any other aspect of goods or services purchased with your Card.
13.2 If your dispute with a Merchant relating to a Transaction cannot be resolved you should contact us at Customer Services, and we will attempt to assist you as far as is reasonably practicable.
13.3 If you have reason to believe that a Transaction was carried out without your consent or in error, you may ask us to investigate the Transaction. If we investigate the Transaction, the disputed amount will be unavailable to spend until our investigation is complete and if we receive information that proves the Transaction was genuine, this will be deducted from your Available Balance and we may charge you an investigation fee. If you do not have sufficient Available Balance, you must repay us the amount immediately on demand.

14. Foreign Exchange

14.1 If you use your Card in a currency other than the currency in which your Card is denominated (“Foreign Currency Transaction”), the amount deducted from your Available Balance will be the amount of the Foreign Currency Transaction converted to your Account currency using a rate set by the Scheme. Exchange rates can fluctuate and they may change between the time a Transaction is made and the time it is deducted. You agree that any change to the exchange rate may be applied immediately and without notice to you.
14.2 You may also be charged a foreign exchange Fee as set out in the Fees & Limits Schedule. In order to allow you to compare charges for currency conversion, you can view the real-time percentage difference between the amount that will be charged on your Card for a Foreign Currency Transaction (consisting of the mark-up applied by the Scheme as well as any other charges) and the latest available euro foreign exchange rates issued by the European Central Bank. You can view this information on the Website prior to making a Foreign Currency Transaction. This information will also be sent to you in an SMS or in-app notification after making a relevant Foreign Currency Transaction, where required by applicable law. You are able to opt out of receiving this notification in the App.

15. Our Liability

15.1 We shall not be liable for any loss arising:
i. from any default resulting directly or indirectly from any cause beyond our control, including but not limited to, a lack of funds and/or failure of network services at ATMs, maximum withdrawal limits set by ATM operators and failure of data processing systems;
ii. from any loss of profits, loss of business, or any indirect, consequential, special or punitive losses;
iii. from any use of this Card that is contrary to this Cardholder Agreement; or
iv. for any unauthorized Transactions which arise due to loss, fraud or theft that you have reported to us 13 months after the event.
15.2 We will not be liable to you if your contact details have changed and you have not told us.
15.3 Where the Card is faulty due to our default, our liability shall be limited to replacement of the Card.
15.4 Where sums are incorrectly deducted from your Available Balance due to our default, our liability shall be limited to payment to you of an equivalent amount (plus any Fees you incurred as a result).
15.5 Nothing in this Cardholder Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or fraud.
15.6 To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.
15.7 The above exclusions and limitations set out in this paragraph shall apply to any liability of our affiliates such as the Schemes, and other suppliers, contractors, distributors and any of their respective affiliates (if any), to you, which may arise in connection with this Cardholder Agreement.
15.8 For all other matters not expressly covered in this condition 15, and to the extent permitted by Applicable Law, our total aggregate liability shall be limited to the total amount of money that you have spent using your Card over the 12-month period prior to the claim.

16. Complaints

16.1 Should you wish to make a complaint about your Card, you may contact Customer Service by email at support@getbueno.com to submit details of such complaint.
16.2 Once your email has been received, Bueno will acknowledge this via email and send you a response within 5 Business Days of receiving the complaint.
16.3 If you are unhappy with the outcome, you are able to forward your complaint to the Program Manager, HUBUC, by emailing complaints@hubuc.com who will send a final response within 15 Business Days.
16.4 If, having received a response from the Program Manager, you are unhappy with the outcome, you can escalate your complaint to TPML’s Complaints Department by writing to complaints@transactpaymentslimited.com
16.5 If TPML’s Complaints Department is unable to respond to your complaint immediately, you will receive confirmation that your complaint has been received and a formal investigation will be conducted. You will receive a formal response of their findings within 35 Business Days of receipt of your complaint.
16.6 We will make every effort to reach a resolution to your complaint and will fully explain the reasoning behind our decision.
16.7 In the unlikely event that we are unable to resolve your issue to your satisfaction you have the right to refer your complaint to the Arbiter for Financial Services at the following address: Office of the Arbiter for Financial Services, 1st Floor, St Calcedonius Square, Floriana FRN 1530, Malta (Telephone+ 356 21249245, Website: https://financialarbiter.org.mt)

17. General Communication

17.1 Any communication from us to you will be given via email (using the latest contact details with which you have provided us).
17.2 You may contact us via Customer Service by calling +34 865 628 733.

18. Personal Data

18.1 TPML is the Data Controller of your Personal Data associated with the application for and use of this Card only and will collect certain information about the purchaser and the users of the Card in order to operate the Card program. Your provision of your Personal Data and our processing of that data is necessary for each of us to carry out our obligations under this Cardholder Agreement. At times, the processing may be necessary so that we can take certain steps, at your request, prior to entering into this Cardholder Agreement. If you fail to provide the personal data which we request, we will take steps to terminate this Cardholder Agreement in accordance with clause 11.2 (iii) above.
18.2 We will manage and protect your personal data in accordance with all applicable data protection laws. For full and comprehensive information about when and why we collect personal information about you, how we use it, the conditions under which we may disclose it and how we keep it secure, please refer to our Privacy Policy which is provided to you at the time we collect your personal data.

19 Changes to these Terms and Conditions

19.1 We may update or amend this Cardholder Agreement at any time on at least 2 months’ advance notice, which shall be given by notification on the App and by e-mail (using the latest contact details you have you have provided us with).
19.2 If you do not agree with the changes to the Cardholder Agreement, you may at any time within the 2-month notice period terminate your Cardholder Agreement in accordance with condition 9. You will be deemed to have accepted any change to this Cardholder Agreement unless you notify us before the proposed date of the change.
19.3 If any part of this Cardholder Agreement is inconsistent with any regulatory requirements then we will not rely on that part but treat it as if it did actually reflect the relevant regulatory requirement. If we need to make operational changes before we can fully comply with the new regulatory requirement, we will make those changes as soon as reasonably practical.

20. Language

20.1 The English language version of this Cardholder Agreement and of any communications and Website content will prevail over any other language version which we may issue from time to time.

21. Governing Law

This Cardholder Agreement is governed by the law of Malta.

22. Jurisdiction

22.1 You agree to the non-exclusive jurisdiction of Malta.

23 Miscellaneous

23.1 Any delay or failure to exercise any right or remedy under this Cardholder Agreement by us shall not be construed as a waiver of that right or remedy or preclude its exercise at any subsequent time.
23.2 The Card is a payment service product and not a deposit or credit or banking product and, as such is not governed by the Deposit Security Scheme of Malta. For details regarding the safeguarding of your funds, please refer to your Account Terms.
23.3 If any provision of this Cardholder Agreement is deemed unenforceable or illegal, the remaining provisions will continue in full force and effect.
23.4 You may not assign or transfer any of your rights and/or benefits under this Cardholder Agreement and you shall be the sole party to the contract between us. You will remain liable until all Cards issued to you are cancelled or have expired and all sums due under this Cardholder Agreement have been paid by you in full. We may assign our rights and benefits under this Cardholder Agreement to a third party and may subcontract any of our obligations under this Cardholder Agreement.