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Transparency document for online transactions

Single payment transactions not covered by a framework contract
 
 
PRIOR GENERAL INFORMATION ACCORDING TO THE BANK OF ITALY’S PROVISIONS OF JULY 29, 2009 ON TRANSPARENCY OF BANKING AND FINANCIAL SERVICES
 
 
Information on Western Union International Bank GmbH

Western Union International Bank GmbH (“WUIB”) is an Austrian limited liability company with registered offices at A-1010 Vienna, Schubertring 11, registered with the Vienna Commercial Court under the Companies Registration Office Number 256187t. Its Data Processing Registration Number is 2111221. WUIB is subject to the supervision of the Austrian Financial Market Authority (Finanzmarktaufsicht, Otto-Wagner-Platz 5, 1090 Vienna, telephone number +43 1 249 59; hereinafter, the “Financial Market Authority“) and enrolled in the register of payment institutions held by the Financial Market Authority with no. 19880. WUIB is authorized to provide payment services in Italy under the freedom to provide services regime.

Customers may obtain more information by calling this telephone number: +32-(0)2 639 7108. WUIB can also be contacted in Austria at the following number: +43 (0)800 29 6544; or by email sent to office@westernunionbank.com.

Information on the single payment transaction
Western Union Online Service offers money transfer services nationally and internationally. You must be of legal age to use the Western Union Online Service. Each money transfer is given an individual transaction number, the Money Transfer Control Number (“MTCN“).

By completing and consenting to the information required to make a money transfer and by accepting the Terms and Conditions, the Sender instructs WUIB to execute a specific money transfer.

Subject to statutory or regulatory requirements, WUIB undertakes to make funds available for collection by the Receiver at the latest at the end of such day following the day on which the funds were received. The moment of receipt is such moment when We receive the funds to be transferred and the fees associated with said transfer. For money transferred (i) to a state outside the EEA or (ii) subject to a multiple currency conversion between the Euro and a non-Euro currency of a member state of the European Union or an EEA member state or (iii) which is not to be paid out in Euro, the funds are made available for collection by the Receiver at the latest at the end of the fourth day after the Day of Receipt. For regular money transfers the funds are normally available for collection within minutes, subject to the business hours of the respective agent location. For some countries, the service may be delayed or other restrictions may apply.

The Sender must settle the basic amount of a money transfer plus WUIB’S fees with a Bank Card or from Your bank account (insofar as WUIB permits an account-based money transfer). You consent to the basic amount of the money transfer plus Our fees for the respective Transaction being cleared by Your Card Issuer, or that this amount is transferred from Your bank account, to Us, prior to Us executing the transfer or any other Transaction. Prior to the final authorisation of the Transaction You will be notified of the precise amount which We will clear with Your Card Issuer or which We will debit from Your bank account.

The funds will be paid out in cash only if the Receiver provides adequate proof of his or her identity in addition to all transaction details required by Western Union pertaining to the money transfer. The payment of funds to be collected will be made to the Receiver that Western Union or its Agent deems entitled to receiving the money following verification of the identification documents.

Form and mode to consent to a payment order
By completing and consenting to the information required to make a money transfer and by accepting these Terms and Conditions, the Sender instructs WUIB to execute a specific money transfer.

Form and mode to revoke of a payment order
You may revoke a payment order at the latest by the end of the business day preceding the Day of Receipt by communicating this to Us by e-mail or by telephone (for contact information see above).

Maximum Execution Time

For money transfer within the EEAat the end of such day following the Day of Receipt.
For money transfer:
– to a state outside the EEA;
– subject to a multiple currency conversion between the Euro and a non-Euro currency of a member state of the European Union or an EEA member state
– not to be paid out in Euro
at the latest, at the end of the fourth day after the Day of Receipt.

For some countries, the service may be delayed or other restrictions may apply. If You require further information, please contact the toll-free telephone number stated above.

Economic Conditions
Transfer fee
Written information explaining how Western Union charges the Sender for making a money transfer is available on the transactional Western Union Website and is shown to the Sender prior to completion of the payment order. The specific transfer fees for a money transaction are indicated in the “Send Money Online” field at www.westernunion.com. Simply select your destination country, enter the amount to be transferred and click on “Calculate”.
The Sender shall bear all fees due to complete the money transfer unless applicable law in the destination country requires otherwise.
In certain cases money transfer payments may be subject to local taxes and service charges.
The Receiver may incur additional fees for receiving the Sender’s funds through an account-based money transfer, a mobile telephone or to a bank account. Money transfers should be sent to a local (Receiver’s) currency account, otherwise the receiving institution (where the Receiver has his or her account) may convert the funds at its own exchange rate or may even reject the money transfer. The Receiver’s agreement with his or her mobile phone service provider, MWallet Account provider or other account provider governs the account and determines their rights, obligations, applicable fees, funds availability and account limitations.
Western Union may charge additional fees associated with the use of an account for sending or receiving a money transfer. Western Union does not assume any liability pertaining to costs which the Sender or any account holder incur in conjunction with the exchange rate used for the conversion into non-local currencies or for actions or omissions on behalf of the destination or interim financial services provider.
Foreign exchange
Money transfer payments will normally be made in the currency of the destination country (in some countries payment is available only in an alternative currency). All currency is converted at Western Union’s then current rate of exchange. Western Union calculates its rate of exchange based on commercially available interbank rates plus a margin. Most exchange rates are adjusted several times daily in line with the relevant closing rates of global financial markets. The exchange rate for a money transfer is indicated to You at www.westernunion.com after selecting the destination country in the “Send Money Online” field, entering the amount that You intend to transfer and clicking on “Calculate”.
The currency will be converted at the time of the transfer and the Receiver will receive the foreign currency amount shown in the form. However, in some countries local regulations require money transfers to be converted only when they are paid out. If the Sender is sending the funds to one of these countries, the exchange rate noted is only an estimate, and the actual exchange rate will be determined at the time of payment. Western Union agents may offer Receivers the choice to receive funds in a currency different from the one the Sender selected. In such instances, Western Union (or its agents, the mobile phone provider, or account provider) may collect additional money when they convert the Sender’s funds into the currency selected by the Receiver. If the Sender chooses a payment currency different from the national currency of the destination country, the payment currency chosen may not be available at all payment locations in that country, or may not be available in small enough denominations to pay all of the money transfer. In such cases, the paying agent may pay all or part of the Sender’s money transfer in national currency. Western Union’s exchange rate may be less favourable than some publicly reported commercial exchange rates used in transactions between banks or other financial institutions. Any difference between the currency exchange rate offered to customers and the currency exchange rate received by Western Union will be kept by Western Union (and, in some instances, its agents, mobile phone provider, or account provider) in addition to the transfer fees. Additional information about exchange rates for specific destination countries can be obtained by calling the toll-free telephone number listed below or from Our Website.
If Western Union offer free SMS notification in some countries to indicate (to the Sender) that the transferred funds have been collected by the Receiver or that funds are available for collection (to the Receiver), charges applied by the telephone service provider are the exclusive responsibility of the Sender or Receiver.

SMS notification
Western Union may offer free SMS notification in some countries to indicate that the transferred funds have been collected by the receiver or that funds are available for collection. Please be aware that any costs charged by your service provider are your responsibility.

Protective and remedial measures (misure di tutela e correttive)
You must share the transaction data (amount of money, Your name, Your country, name of Receiver and MTCN) with the Receiver only. You are obligated to ensure that no third party can gain unauthorised access to this information. We recommend that You transfer money only to beneficiaries that You know personally.
In the event of loss, theft, copy or the misuse of the transaction data You must immediately call +43 (0)800 29 6544 and notify Us. Until the moment when Western Union has been notified, You will be liable to Us for damage that is the result of the improper use of the transaction data if You pass such information to any person other than the Receiver of the money payment or if You facilitate the improper use of the payment instrument with fraudulent intent or violate Your duty of care intentionally or with gross negligence. In the event of a slight negligent breach of Your duty of care We will hold You liable to the maximum amount of EUR 150. Upon receipt of the notification by Western Union You are released of any further liability unless You contributed towards the misuse with the intent to defraud. You shall equally notify Us immediately upon learning of a money transfer which You did not authorise or which was executed erroneously.
Prior to the first money transfer order You will be asked to provide a password and a valid e-mail address as Your username. The password and the username must not be used by any other person than Yourself. It is Your responsibility to keep Your password and Your username safe as well as all Transactions carried out using Your password or Your username. Never share your password with anybody and do not write it down anywhere.
You must notify Us immediately of any unauthorised use of Your password or of Your username or of any other breach of security, by telephone at +43 800 29 6544.

We are liable to You for the proper execution of the money transfer order in accordance with these Terms and Conditions. This means that we will refund the amount to be transferred and the service fees plus default interest as stipulated by law to You if a money transfer failed or was faulty. Insofar as You did not authorise a money transfer order We shall equally refund the amount that You were charged. The requirement for Our refund liability is, however, that You did not disclose the transaction details to third parties and immediately informed Us (as above indicated) as soon as You learned of the loss, theft, copying or misuse of the transaction data respect. the unauthorised or failed execution of a money transfer order.

We assume liability for the execution of a money transfer order in the event of fault on behalf of an employee or vicarious agent acting on Our behalf, pursuant to the provisions set forth under Austrian law. The liability of Western Union, Western Union affiliates and foreign agents is excluded for cases of negligence, which does not amount to gross negligence. This exclusion does not apply in the case of death, bodily injury or impairment of health, nor in the case of violating major contractual obligations. In the case of violating ancillary contractual obligations through minor negligence Our liability is limited to replacing the typical and foreseeable damage up to the maximum amount of EUR 500 (in addition to the transferred amount and the fees charged).

Right to Revoke or Cancel a Money Transfer
Pursuant to Section 8 of the Austrian Distance Financial Services Act [FernFinG], You have the right to revoke a money transfer order issued through the Western Union Website within 14 days since the date of placement of the payment order. The rescission must be declared to Us expressly and in writing by e-mail or by mail. However, this right of rescission does not apply if We have already paid out the funds to the Receiver before We received Your notice of rescission. In case of a justified revocation prior to Our having paid out the funds to the Receiver, We will refund the amount of the transfer to You and do not charge any fees.

Customer Service, Complaints
Should You not be satisfied with Our services You may address Your complaint to the Joint Conciliation Board of the Austrian Banking Industry [Gemeinsame Schlichtungsstelle der österreichischen Kreditwirtschaft], Wiedner Hauptstraße 63, 1045 Vienna, or to the Austrian Financial Market Authority, Otto-Wagner-Platz 5, 1090 Vienna. You also have the possibility to enforce Your rights before the competent courts of general jurisdiction. Alternatively, you may use Online Dispute Resolution (“ODR”). The ODR offers an out-of-court solution to disputes connected to online transactions: http://ec.europa.eu/consumers/odr/.

Jurisdiction
For actions of and against consumers, the courts at the domicile, the regular place of abode or the place of employment of the Sender or Receiver shall have jurisdiction.

Administrative Sanctions
If WUIB fails to comply with the rules concerning the provisions of payment services – such as information obligations, reporting requirements, guarantee obligations, etc – it commits an administrative offence subject to a fine of up to EUR 100,000. The competent authority for the application of administrative sanctions is the Austrian Financial Market Authority.

By inserting my name below and signing this document I expressly consent to the terms and conditions contained herein:

REFERENCE NUMBER: __________________________________

FULL NAME: __________________________________

SIGNATURE: __________________________________

DATE: __________________________________