1 Eurocard Gold Application for additional card with personal liability Personal details Main card no. ID no. (11 digits, Norwegian only) All first names Surname Address (in the National Registry) Postcode City Invoice address (if different) Postcode City Home owned shared/cooperative rented other Resident mth/yr Telephone, private Telephone, mobile Marital status unmarried cohabiting Married/partner separated Divorced Widow/er Eurocard credit reserve Required credit reserve The credit reserve is set individually after prior credit assessment. (Please see subsequent pages). Work Employer Telephone Position Gross annual income Total debt for household Personal assets Status permanent independent pensioner student Benefit recipient other Employed mth/yr Bank Main bank My bank since mth/yr Other payment cards American Express Diners Club MasterCard Visa Other Required billing date Conditions I have read and accepted the Eurocard, filial av Eurocard AB terms and conditions (see subsequent pages). I confirm that the information given in this application form is complete and correct. As part of the credit assessment, Eurocard, filial av Eurocard AB is hereby authorised to check that the information given is correct. City Signature Day/mth/yr Return to Eurocard, a branch of Eurocard AB P.O.Box 1672 Vika NO-0120 Oslo Labelled: Kredittavdelingen Call customer service on tel if you have any questions, or visit our homepage at eurocard.no
2 N Terms and Conditions Eurocard as at 1 December Definitions In these Terms and Conditions, the following words and expressions will mean as follows: a) The Company refers to Eurocard, a branch of Eurocard AB, registered company , P.O.Box 1672 Vika, NO-0120 Oslo, Norway Telephone: Eurocard is licensed to operate a financial business and is under the supervision of the Financial Supervisory Authority of Norway. The parent company is Eurocard AB, registered company , SE Stockholm, Sweden. The parent company is under the supervision of the Swedish Financial Supervisory Authority. b The Agreement refers to the agreement on the issue of one or more payment cards entered into between the Company and the Account holder. The Agreement includes these Terms and Conditions, the Company s applicable price lists and other binding terms and/or declarations presented between the Company and the Account holder. c) User location refers to the place where the Card may be used as a method of payment or for withdrawing cash. d) Credit reserve refers to agreed credit which will be linked with the Card with a credit limit agreed in advance. e) Consumer is understood to mean the same as in 2, first paragraph, of the Norwegian Financial Contracts Act. f) Card refers to a payment card of the Eurocard brand, which may be a Main Card, an Additional Card or a Family Card. g Account holder refers to the person(s) who has/ have been granted an account to be used by the use of Cards and who is/are responsible for meeting any payment demands. h) Cardholder refers to the Account holder or another person whose name is on an issued Card. i) Annual fee refers to a periodically charged fee for the issue and use of Cards and payment services. 2. Description of the service The Card is a payment card that can be used on the Internet or in payment terminals to pay for goods and services or to withdraw cash from ATMs that are labelled for that function. The Card can also be used within other applications as elsewhere specified in detail. The specification of such applications shall appear on eurocard.no. If the Main Card has been issued by agreement with a company, the purpose of the Card being issued is that it should be used in connection with business-related expenses. As part of the Agreement certain additional services, discounts and offers from various partners may be offered. The Card may not be used for gambling or in casinos, even if the User location accepts the Card as a method of payment. The Card may not be used in any way that contravenes legislation. 3. Application and acceptance When applying for a Card, the application form is to be completed and sent to the Company. However, the applicant may give his/her consent for the Agreement to be binding even if no agreement has been signed. The person(s) signing the application, whether physically or electronically, guarantee(s) the correctness of the information given. The Company may check the information in the application, and the person(s) signing the application grant(s) their permission for the Company to obtain further information for processing the application (including credit information). The application will be assessed by the use of a credit score model. Information about this model is available on the Company s or the product s websites. The company reserves the right to reject the application. If a customer relationship is entered into, the necessary checks on the customer will be made in accordance with the Norwegian Money Laundering Act. By applying for the Card, the applicant acknowledges and accepts the Terms and Conditions stipulated in the Agreement as formulated by the Company. The Agreement is finally entered into as and when the Company approves the application and issues the Card and the applicant then signs and starts to use the Card. When a replacement or new card is later issued and received, the prevailing Terms and Conditions apply. If these Terms and Conditions are accepted, the Card must be signed immediately. The old card must then be destroyed. The Terms and Conditions will also be considered to be accepted if the Card is kept and/or used without being signed. If the Terms and Conditions are not accepted, the Card must be destroyed immediately. 4. Cards general When the Agreement is entered into, one Card (the Main Card ) is issued, which is valid for a specific period. The expiry date is as shown on the Card. The holder of the Main Card may apply to be issued one or more additional Cards in his/her name ( Additional Cards ). The Company reserves the right to reject the application. Additional Cards are issued with personal liability only. The holder of the Main Card may apply to be issued one or more Cards for members of his/her close family, in the name of the family member ( Family Cards ). The Company reserves the right to reject the application. Family Cards are issued with personal liability for the Cardholder only, and with such liability for the holder of the Main Card and holder of the Family Card as described in section 11. Both the holder of the Main Card and the person who will be holding the Family Card must sign the application. Each Card will be issued in accordance with the Company s prevailing prices for issue and use and with these Terms and Conditions, which may be amended in accordance with section 17. The Cardholder must sign the Card immediately upon receipt. If the Card is not signed, this increases the risk of misuse of the Card and does not absolve the Cardholder from his/ her responsibility for the use or misuse of the Card in accordance with these Terms and Conditions. The Card is the property of the Company. The Cardholder undertakes to hand over the Card at the request of the Company or User location if there is just reason to make this request. In exceptional cases the Company may on its own initiative block a Card and issue a new Card if necessary for security reasons. 5. Use of the Card Approval of transactions The Card is to be retained and used by the Cardholder only. The Card must not be entrusted to others, except when handing it over at a User location for the purposes of making a single transaction. The Cardholder must ensure that this is done in a secure manner. The Card can be used in accordance with section 2, transactions being approved by the use of a PIN code or signature. When approving a transaction by signature, the Cardholder must provide valid identification upon request. The Cardholder must ensure that he/she receives the relevant part of the creditcard slip once the transaction has been made. When using a PIN code, the Cardholder must take appropriate measures to ensure that the PIN code does not become known to unauthorised persons. In certain payment terminals, under certain payment circumstances and when purchasing goods and services on the Internet, the Card can also be used without providing a PIN code or signature. When such use of the Card is recorded it will be assumed that the Cardholder has initiated the card transaction or given his/her consent for it, unless such a record is due to a technical fault or other circumstances for which the Company takes responsibility pursuant to this Agreement. A transaction initiated by the Cardholder or which takes place with the consent of the Cardholder cannot be cancelled. Any receipt that the Cardholder receives when using the Card should always be retained so it can later be checked against the list of transactions on the statement when sent. The Cardholder may give his/her travel-agency contact written and general authorisation in a separate form ( Signature on File ) for the use of his/her Card so that the Card may be charged with the cost of trips booked by the Cardholder without the Card having to be handed over on each occasion. Such authorisation is given in a separate document provided by the Company. Authorisation cannot be restricted with respect to individual bookings, but may be revoked by the Cardholder at any time. Such authorisation also applies to replacement cards with later expiry dates. When a card is renewed the Cardholder must ensure that his/her user profiles are updated unless otherwise agreed. If the Company deems it necessary, it may (i) set a limit for individual transactions or for the total amount charged over a certain period for the Card, and (ii) block the Card with regard to certain kinds of use if there is just reason to do so. Wherever possible, the Company must notify the Cardholder in advance prior to actioning such limits or blocks. It is not permitted to circumvent restrictions on use or transaction limits, for example by asking for a number of part-bills/credit-card slips to be issued for one and the same purchase. 6. Reservations and subsequent payments Certain user locations may ask to reserve certain amounts on the Card when goods or services are ordered. User locations are not permitted to reserve such amounts on the Card without the consent of the Cardholder. Certain user locations (such as hotels) will ask for the Card number and expiry date as security when an order is placed for a product or service. If the Cardholder accepts this, he/she also accepts the User location s payment terms and that the User location may subsequently make appropriate charges to the Card. Wherever possible the Cardholder should ask for written confirmation stating the maximum amount agreed to be charged to the Card if this security is used. The Cardholder may subsequently be charged for certain items arising in connection with hotel stays, vehicle hire or similar, if the Cardholder when booking or ordering the service or by agreement with the User location has accepted this, whether explicitly or by accepting normal industry practice, or has been informed of the card issuer s right to such subsequent charges. 7. Charges and conversion rates Charges for the issue and use of the Card are set in the prevailing price lists. Price lists can be found on the Company s or the product s websites. All use and withdrawals at banks and post offices shall be considered as cash withdrawals, and a fee shall be charged in accordance with the price list. There may be a departure from this procedure if the Card has been issued by agreement with a company. In the event of use abroad, the amount will generally be charged in the foreign currency and converted to NOK. This also applies to purchases or cash withdrawals made in Norway in any currency other than NOK. In general there will be an interval between the transaction date and the conversion date. The currency conversion rate shall be set based on the exchange rate the Company receives from MasterCard, plus a conversion fee. Changes to currency exchange rates may result in losses or gains when compared with a direct conversion from the original currency to NOK. Any losses or gains in this connection shall be the liability of the Cardholder. User locations abroad may, as an alternative to this, offer the Cardholder a specific conversion to NOK. Prior to such a transaction the User location must inform the Cardholder that he/ she may choose an alternative method for currency conversion. When using the Card certain User locations may have the authority to charge the Cardholder an additional fee for the use of the Card at the User location concerned. The right to require an additional fee is contingent on the User location having fulfilled the requirement to provide such information in advance. 8. Storage and loss of Cards, etc. The Card is a means of payment and must be treated as a valuable document and stored appropriately. The Cardholder undertakes to check regularly that the Card has not been lost or misused. This is particularly the case in environments where there is an increased risk of theft or misuse. The Cardholder must notify the Company as soon as possible if the Card has been lost or misused or if he/she suspects that the PIN code has become known by an unauthorised party, using a 24-hour blocking service for such notifications (telephone ). In certain cases the conversation may be recorded and stored. The Company will cover all normal telephone and fax expenses in connection with this notification. The Company undertakes to block the Card when a message of this kind is received. Any misuse of the Card which takes place after the Company has been notified in the manner specified will be at the expense of the Company unless the Cardholder has acted fraudulently. If the Card is stolen or misused, the Company may require that the Cardholder report the matter to the Police and provide a written account of the circumstances relating to the loss. If a Card is blocked but then turns up again, the Card must be destroyed. The Cardholder must attempt to learn the PIN code sent to him/her and must always destroy the letter sent to him/her which states this code. In those cases where the Cardholder has the opportunity to change the PIN code from the one originally sent, the choice of new code must be made in a responsible manner so that no unauthorised party may be able to easily discover the code. If the Cardholder needs to write down the PIN code, this must be done in a secure manner so that no one other than the Cardholder will be able to understand the meaning of this note. The PIN code must never be divulged to others, nor to public authorities, the Police or the Company, even if such information is requested. 9. Credit reserve If the Cardholder is a physical person, the Company may decide to link a Credit reserve to the Card, if the Cardholder consents to this and it is considered secure with regard to credit in the individual case in question. The Credit reserve will be set up with an agreed credit limit, of which the Cardholder will be notified when the Credit reserve is granted. If the Credit reserve is used, interest will be charged at an agreed rate. The interest rate is published in the price list. The agreed credit limit is not the same as the usage limit. Within a credit arrangement, the Cardholder s monthly payments must be equal to no less than 3% of the outstanding balance, with the addition of agreed interest and charges, but never less than NOK 300, as specified in detail on the monthly statement. The Cardholder undertakes to pay the specified minimum amount each month, and failure to do this will be considered to be in breach of this Agreement. If the Card is used for an amount in excess of the credit limit, the excess amount will fall due for payment in its entirety on the next due date, in addition to the minimum payment which the Company may demand. Financial conditions for the use of the Credit reserve, including the nominal and effective annual interest rates, are stated in the Company s prevailing price list. The regulations laid down in section 11 apply in their entirety to liability for payment linked to the use of the Credit reserve. Any part-payment made in accordance with this section will be considered to cover the oldest unpaid interest or other charge on the Card, followed by the oldest accrued transaction amount. The Cardholder may request that the Credit reserve be cancelled at any time. The Cardholder consents to the Company increasing the credit limit to a maximum of NOK 100,000 with two (2) months written notice, if this is
3 deemed reasonable following a prior credit assessment. An increase of this type cannot be implemented for a Family Card without the consent of the holder of the Main Card, and not if the Cardholder has specifically requested that no such increase be implemented. The Cardholder also consents to allow the Company to decide to restrict the use of the Credit reserve or to reduce or cancel the agreed credit limit at any time if there is just reason to do so. Wherever possible, the Company must notify the Cardholder in advance before implementing any such changes. If the amount owed exceeds the new credit limit, this must be paid off in accordance with the rules on payment within the agreed credit limit. This regulation does not limit the Company s right to demand payment of the entire outstanding amount if the Agreement is terminated in situations as described in section 16 below. 10. Responsibility for misuse The Company is responsible for losses due to illegal transactions unless otherwise specified in this section. A transaction is to be considered as illegal if the customer has not approved the transaction; cf. section 5. The Cardholder is liable for up to NOK 1,200 for losses due to illegal transactions where a lost or stolen method of payment has been used or where a method of payment has been appropriated without authorisation and a PIN code or other similar personal security procedures have been applied, or due to the unauthorised appropriation of the Card if the Cardholder has failed to protect the PIN code and the PIN code is used. The Cardholder is liable for up to NOK 12,000 for losses due to illegal transactions if the loss is due to the Customer having demonstrated gross negligence by failing to fulfil one or more of his/her obligations pursuant to sections 5 and 8; cf. 34, first paragraph, of the Norwegian Financial Contracts Act. If the loss is due to the Customer intentionally not fulfilling his/her obligations, the Customer shall be liable for the entire loss. This shall also be the case if the loss is caused by the Cardholder acting fraudulently. If the Cardholder denies having approved a payment transaction (cf. section 5), the use of a method of payment shall not in itself be considered as sufficient proof of the transaction having been approved by the Cardholder or that the Cardholder has acted fraudulently or intentionally or with gross negligence having failed to fulfil one or more of his/her obligations pursuant to sections 5 and 8. It shall be the responsibility of the Company to prove that the transaction was authenticated, correctly recorded and accounted for and was not subject to technical error or any other fault. The amount limit of NOK 12,000 is not applicable if the person responsible is not a Consumer. If a person holding joint liability is a Consumer in accordance with the same regulations, the amount limits apply to that person s liability. 11. Payment and liability for payment The holder of the Main Card is responsible for meeting any payment demands arising as a consequence of the issue and use of the Main Card, as well as of any Additional Cards. This applies even if the Card has been issued on the basis of an agreement between the Company and the Cardholder s employer. The person concerned will be jointly liable for any payment demands arising as a consequence of the issue and use of Family Cards issued in accordance with this Agreement, within the limits deriving from the security declaration and applicable legislation. Liability for payment will remain in force until all demands have been settled. The holder of a Family Card is liable for payment demands arising as a consequence of the issue and use of the Family Card (including all interest and charges). The person(s) with liability to meet payments undertake(s) to ensure that statements issued by the Company (including any charges and interest) are paid correctly and on time. All payments must be made in Norwegian kroner and must be made to the bank account and using such identification criteria (KID numbers etc.) as specified by the Company, and must be made by the date appearing on the statement. A statement shall be sent out monthly provided that new transactions have been charged to the account. If the total of the transactions on the statement is less than NOK 100, payment may be deferred to the following month, for up to a maximum of three (3) months. This provision does not apply if the Cardholder is responsible for meeting payment demands in accordance with section 9. If correct payment is not made on time, the Company may charge interest and levy charges in accordance with applicable legislation and price lists from the due date of the payment (including charges stipulated in accordance with the regulations laid down in the Norwegian Debt Collection Act) and cancel any Credit reserve linked with the Card. Moreover, the Company may block Cards issued pursuant to this Agreement. If payments are not made on time, interest on overdue payments will be charged in accordance with the regulations laid down in 3, first paragraph, of the Norwegian Act relating to Interest on Overdue Payments. In cases where a Credit reserve has been linked to the Card, the agreed credit interest rate will be used as the basis; cf. 3, second paragraph, of the Norwegian Act relating to Interest on Overdue Payments. 12. Checking transactions Complaints The Cardholder should check the transactions itemised on the statement sent each month. If any transactions appear that the Cardholder has not initiated or consented to, or if any transactions differ from what the Cardholder has initiated or consented to, the Cardholder must notify the Company without undue delay, reckoned from the date when the Cardholder became aware of or should have become aware of the issue, and at the latest within thirteen (13) months of the date of the transaction. If the Cardholder wishes to complain about a reservation on the Card, the Cardholder must always obtain a cancellation number from the User location or document this cancellation in writing, sending this document to the Company. Any complaints relating to goods or services purchased with the Card are to be directed to the User location. If the claim against the User location is unsuccessful, the complaint regarding the consumer credit purchase can be directed to the Company. In that case, the Company must be notified of the complaint as soon as is reasonably possible (cf. 54b of the Norwegian Financial Contracts Act), and at the latest within sixty (60) days. 13. Use of information, etc. By accepting these Terms and Conditions, the Cardholder consents to the following: All information relating to the relationship with the customer may be used, processed and supplied to third parties to the extent this is necessary for the Company to fulfil its obligations under the Agreement. Information may be supplied to and processed by Eurocard AB and other companies in the SEB Kort group in Norway, observing strict confidentiality and within the framework laid down in Norwegian legislation and permits granted to the group in Norway for use for marketing and credit-control purposes (including for the compilation of personal profiles and data for compilation into a group customer register). The Company or other companies within the SEB Kort group may send marketing material by means of electronic communication if the Cardholder has supplied his/her address. If an address has been provided, the Company may also send marketing material for goods or services supplied by companies other than the Company, where this is done as part of a partner agreement whose objective is to serve the Cardholder in accordance with the Agreement. The Company may supply copy statements and other relevant documentation or information to any other party that is liable for payment on the Card or jointly liable for the Card if and to the extent that the party concerned has just reason to ask for this to be done. If the Card has been issued in accordance with an agreement with the Cardholder s employer for the purpose of paying expenses, the Company may pass on information on the use of the Card to the employer or a partner approved by the employer for use for statistical and/or accounting purposes, such as the operation of travel administration solutions. Only information relevant to the operation of such solutions may be supplied and such supply may involve information being supplied to MasterCard International in the USA. The Company shall ensure that the employer and/or partner has set up secure processing procedures for any such information supplied. The Company may at any time and with no special notification carry out a further credit assessment with regard to the Cardholder. The customer may submit a written request to the Company at any time to prevent his/her customer information being used for marketing purposes. The use of customer information and the rights of the customer in this respect are otherwise regulated by the rules laid down in the Norwegian Personal Data Act and the Norwegian Financial Institutions Act. 14. Notice in the event of changes to name, address, financial situation, etc. The Company must be notified immediately of any change to the Cardholder s name, address, telephone number or employer. This is also the case if the financial circumstances of a person with liability for the Card is impaired sufficiently that his/her ability to make payments in accordance with the Terms and Agreements may be affected. If the Cardholder undergoes a change of name, the Company will issue a new Card in the new name on payment of a charge in accordance with the prevailing price list. 15. Public law rules The Card is to be issued and used in accordance with the regulations laid down by Norges Bank. If the Card is used overseas, the Cardholder must comply with any applicable public law rules that may apply to such use. Overseas payments that require public licences cannot be made using the Card. The Company will make reports to the appropriate authorities if required under the Norwegian Money Laundering Act. The Company will report use of the Card abroad in accordance with the Norwegian Foreign Exchange Register Act. Specifically, individual transactions of greater than NOK 25,000 and purchases of currency of greater than NOK 5,000 will be reported to the authorities. Moreover, a monthly total per country of other transfers and transactions will be reported. 16. Duration and cancellation The Cardholder may cancel the Agreement at any time at no charge by notifying the Company and immediately destroying the Card. The Card will be renewed at no extra cost and in accordance with the terms applicable at the time of renewal. If the Company has just reason to do so, it may refuse to renew the Card at the end of the period of validity, resulting in the cessation of the Agreement, or renew the Card on amended terms. The Company may cancel the Agreement at two (2) months notice if it has just reason to do so. Nevertheless, the company may cancel the Agreement with immediate effect in the event of a substantial breach of contract on the part of the Cardholder. Substantial breach of contract shall be considered to have occurred if the deadline for payments stated on the payment reminder is exceeded. If the conduct of the Cardholder or a serious failure on the part of the Cardholder as regards the ability or willingness to pay or any other circumstance makes it likely that there will be a substantial breach of contract, the Company may cancel the Agreement with immediate effect. In the event that the Agreement is terminated in accordance with this section, any outstanding amount, along with interest and charges, will fall due for payment. Exercising rights in accordance with this section in no way restricts the rights of the Company in accordance with sections 9 and 11. If the Agreement is terminated, the Cardholder is entitled to a proportionate refund of part of any prepaid annual fee. 17. Amendments to Terms and Conditions The Company may amend these account Terms and Conditions at any time. Any changes will come into force two (2) months after written notification has been sent to the Cardholder. The Cardholder shall be considered to have accepted the changes unless the Cardholder notifies the Company otherwise by the date of coming into force. If the Cardholder does not approve the changes, he/she may freely cancel the Agreement. 18. Applicable law and disputes This Agreement is subject to Norwegian law. If the Cardholder is not a Consumer, the regulations laid down in the Norwegian Financial Contracts Act and the Norwegian Act relating to the Sale of Goods on Credit will not apply between the parties. If the Cardholder is a Consumer, the said Acts will apply as far as appropriate, and any disputes arising in respect of the Agreement may be brought before the Norwegian Complaints Board for Consumers in Banking and Finance Matters for review; cf. 4 of the Norwegian Financial Contracts Act. In other cases, disputes will be resolved in ordinary courts of law. 19. Technical failures The Company shall not be held liable if the Card cannot be used as a result of disruptions to the card system, or if an ATM has run out of cash, or similar failures, unless the Company has acted negligently. Moreover, any such liability is limited to the Cardholder s direct loss. 20. Use of Travel Pass pay as you fly If the Card includes Travel Pass functionality, the Cardholder accepts both by the use of the Card and by his/ her signature on the Card that all Travel Pass travel with SAS Norway, or with other airlines with which SAS Norway has entered into a marketing partnership (socalled code share), shall be covered by SAS Norway s General Terms and Conditions of Transport (see If an airline other than SAS Norway operates the flight and SAS Norway is not in a marketing partnership with that airline, the terms and conditions of transport of the relevant company shall apply. The Cardholder also accepts that SAS Norway can charge to the Card the cost of travel undertaken in accordance with its agreement with the Company. Cancellation under section 16 also covers Travel Pass functionality. 21. Cooling-off period A consumer may leave the Agreement by notifying the Company within fourteen (14) days of receiving the Card and/or of credit being made available. If the notification is given in writing, the deadline shall be considered to have been met if the notification was sent before the deadline. In the event of such cancellation during the cooling-off period the obligations of the parties to fulfil the agreement cease to apply. If services have already been used in accordance with this Agreement, a repayment and/or restoration shall take place to the extent possible. See also the first paragraph of section 16.