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Notwithstanding the provisions of Paragraphs (2), (3) and (4) of this Article, a Payment Service Provider which is liable under Article 87 of the Implementing Regulations may require that the Payer is liable up to a maximum of one hundred fifty SAR for any losses incurred in respect of Unauthorized Payment Transactions arising from the use of a lost or stolen or misappropriated Payment Instrument.
(2)
The provisions of the previous Paragraph do not apply if:
(a)
The loss, theft or exploitation of the Payment Instrument was not detectable by the Payer prior to the payment, except where the Payer acted fraudulently; or
(b)
The loss was caused by acts or omissions of an employee, Agent or branch of a Payment Service Provider or of an entity that carried out activities on behalf of the Payment Service Provider.
(3)
The Payer is liable for all losses incurred in respect of an Unauthorized Payment Transaction where the Payer:
(a)
Has acted fraudulently; or
(b)
Has, with intent or gross negligence, failed to comply with its obligations to keep safe its Payment Instrument and its Personalized Security Credentials.
4.
Except where the Payer has acted fraudulently, the Payer is not liable for any losses incurred in respect of an Unauthorized Payment Transaction, where:
(a)
The unauthorized Payment Transaction arises after the Payer has notified the Payment Service Provider of the loss, theft, exploitation or unauthorized use of its Payment Instrument;
(b)
Where the Payment Service Provider has failed at any time to provide the Payer with the appropriate means for notification; or
(c)
Where the Payment Service Provider is required by the provisions of the Implementing Regulation -or any other SAMA’s regulations, rules, circulars, or decisions relevant to Authentication requirements - to apply certain Authentication measures that address any potential risks, but the Payer’s Payment Service Provider does not require such strong Authentication.
(5)
Where the Implementing Regulation or other SAMA’s regulations, rules, circulars, controls or instructions require the application of certain Authentication measures that address any potential risks, but the Payee or the Payee’s Payment Service Provider does not accept such Authentication, the Payee or the Payee’s Payment Service Provider, or both (as the case may be), must compensate the Payer’s Payment Service Provider for the losses incurred or sums paid as a result of complying with Paragraph (1) of Article 87 of the Implementing Regulation.
