SCHEDULE 5Fees connected with alternative arrangements etc.
Financial loss for consumers4
1
Subject to paragraph (2), a participating payment service provider must ensure that any financial loss that the consumer incurs as a direct result of the non-compliance of the participating payment service provider with any requirement provided for in the alternative arrangement must reimburse the consumer the full extent of the loss without delay.
2
The duty to reimburse provided for in sub-paragraph (1) does not apply in the case of unavoidable losses arising as a result of—
a
abnormal and unforeseeable circumstances beyond the control of the participating payment service provider; or
b
the participating payment service provider’s compliance with any statutory obligation.