1.ABOUT THESE TERMS OF USE
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1.1 These Terms of Use apply to the use of the Card provided to you by or on behalf of the Airline. These Terms of Use tell you how you can use the Card. By using the Card, you are demonstrating your agreement to these Terms of Use.

1.2 The Card is promoted by Swiipr and issued by Paynetics.

1.3 The Card is issued by Paynetics solely to the Airline which has permitted you to use the Card whilst the Card remains valid subject to and in accordance with these Terms of Use. Any funds loaded on the Card remain the property of the Airline. You must bear in mind that the provision or receipt of these Terms of Use does not constitute the conclusion of a contract between you and Paynetics. Please note that by using the Card you do not establish a contractual relationship with Paynetics, and you will not have any contractual relationship with Paynetics regarding the Card. You do not and will not have any rights against Paynetics as the Card issuer. All questions and / or complaints about the use of the Card must be directed to the Airline and / or Swiipr.

1.4 These Terms of Use are available online at www.swiipr.com/compensation. You can request a copy of these Terms of Use at any time throughout their duration. If we change these Terms of Use, these will be available at from the date the change takes place.
These Terms of Use have been reviewed in terms of compliance with UK Consumer Duty requirements.

2.DEFINITIONS

In these Terms of Use the following words and phrases have the meanings shown next to them:

Airline – means Paynetics and Swiipr’s client to whom Cards are issued and who has permitted the Card to be provided to you;

App – means a mobile application that enables you to access the Card and/or information relating to it;

‍ATM – means an automatic teller machine or cashpoint facility or cash dispenser;

Card – means any payment card issued to the Airline and subject to these Terms of Use, which may be a physical or virtual card;

Card Scheme – means Mastercard; Mastercard is a registered trademark, and the circles design is a trademark of Mastercard International Incorporated;

Contact Centre – means contact centre for dealing with queries relating to Cards, which can be contacted as set out in clause 20;

Paynetics – means Paynetics UK Ltd (Company number 12481335), a wholly owned subsidiary of Paynetics AD with its registered address at 1st Floor, 18 Devonshire Row, London, England, EC2M 4RH. Paynetics UK is an electronic money institution authorised and regulated by the Financial Conduct Authority (firm reference number 942777) for the issuance of e-money and provision of payment services in the UK;

PIN – means a unique personal identification number i.e., the security number provided for use with the Card;

Security Credentials – means any tool, information or setting that you can use to access information on the Card and/or to make transactions using the Card, which may include username, password or passcode, security question and answer, biometric details such as fingerprint, Card number, PIN or Card and signature, or other security information or credentials as requested and as we may advise you from time to time;

Retailer – any retailer, merchant, or other supplier of goods and/or services which accepts payment by means of a Card;

Summary Table – the table that includes notification of charges, limits and restrictions associated with the Card, as mentioned under clause 19;

Swiipr – means Swiipr Technologies Ltd, Company Number 12067158 registered in England and Wales, 167-169 Great Portland Street, 5th Floor, London, W1W 5PF;Website – means www.swiipr.com/compensation;

we / us / our – means Paynetics or Swiipr;you / your – means the person who has received the Card and is authorised to use the Card by the Airline.

3.CARD FEATURES

3.1 The Airline can use the Card to load an amount of compensation that it wishes to provide to you as its customer in the event of, for example, significant flight delays or cancellations. Any queries or disputes relating to your compensation, including its timing and/or amount, must be resolved between you and the Airline. We are not responsible for such queries or disputes.

3.2 The Card will be provided in the currency stated by the Airline.

3.3 The Card is not connected to any bank account and is not covered by any Deposit Guarantee or Financial Services Compensation Scheme. It is also not a guarantee card, charge card or credit card. You will not earn any interest on any funds loaded on the Card.

4.RECEIVING & ACTIVATING THE CARD

‍4.1 Where the Card is physical and you have received the Card at the airport, the Card will already be activated and ready to use. You must sign the Card as soon as you receive it. You will receive your PIN at the same time which will be inside the packaging with your Card.

4.2 Where your Card is virtual you will receive a link on your mobile device to download the Card into your Apple Pay or Google Pay wallet. Once downloaded, follow the instructions on your phone and your Card will be added to your wallet and activated, ready to use.

5.LOADING THE CARD

Funds can only be loaded to the Card by the Airline. Funds cannot be loaded to the Card by you or from any other source.

6.USING THE CARD

6.1 The Card must only be used by you.

6.2 You must not provide or allow the Card to be used by anyone else. If you provide access and/or any other means for use of the Card to anyone else, you will be fully responsible for any transactions initiated by them.

6.3 Limits may apply in relation to your Card, such as limits on the value and/or number of transactions during a set time period. Limits that apply to the Card are set out in the Summary Table provided by the Airline and may be changed by us from time to time. To manage our risk, particularly with respect to money laundering, fraud, or security concerns, we may also apply internal controls, including limits, to certain types of transactions from time to time but for security purposes, will not disclose them. We may refuse to execute any Card transaction if it would breach any applicable limits.

6.4 Unless specified otherwise in these Terms of Use, the Card can be used to pay Retailers for goods and services (whether in-store, online or over the phone) and for cash withdrawals at ATMs where the Card Scheme symbol or acceptance mark is displayed. If the Card is virtual, it can be used to pay Retailers where Card payments via Apple Pay or Google Pay wallets are accepted as well as certain NFC-enabled ATMs.

6.5 You must ensure that there are sufficient available funds on the Card to cover the amount of any Card transaction together with any applicable fees which will all be deducted from the balance on the Card. If any transaction takes you over the available funds on the Card or any applicable limits, the transaction will be declined. We may also place a hold on the Card balance when we are asked by a Retailer (e.g., car rental companies, hotels, and other service providers) to authorise a transaction in advance to ensure there will be sufficient Card balance to cover the transaction.

6.6 You must not use your Card for:6.6.1 pre-authorised regular payments;

6.6.2 any fraudulent or illegal purposes.

6.7. The Card cannot be used in situations where it is not possible for the Retailer to obtain an online authorisation that you have a sufficient balance on the Card for the transaction. This can include transactions on trains, ships, and some in-flight purchases.

6.8. We may at any time restrict, block, or deactivate the Card or your Security Credentials (such as PIN) if:

6.8.1. we are concerned about the security of or access to the Card, Card details or Security Credentials;

6.8.2. we become aware or suspect the Card or the Security Credentials are being used in an unauthorised, fraudulent, or illegal manner.We will, if possible, inform you before restricting, blocking or, deactivating the Card or Security Credentials that we intend to do so and the reasons for doing this. If we are unable to do so, then we will inform you immediately afterwards. The requirement to inform you does not apply where it would compromise reasonable security measures, or it would be unlawful to do so. The Card and/or Security Credentials may be un-blocked or re-activated (or replaced) once the reasons for blocking or deactivating it cease to exist.

7.AUTHORISATION & TRANSACTIONS

7.1 You consent to and authorise a Card transaction by one of the following methods:

7.1.1 in the case of a cash withdrawal from an ATM: by entering a PIN and/or
providing other Security Credentials when requested;

7.1.2 in the case of a payment for goods or services in-store: by entering a PIN and/or signature on the receipt or by tapping/waving the Card (or the device where it is held) over a card reader or providing other Security Credentials when requested; in virtual cards and for contactless transactions this will be your phone pin number.

7.1.3 in the case of a payment for goods or services online or via your phone: by providing Card details and a one-time payment code or other Security Credentials when requested.

7.2 Your consent for a Card transaction may cover a single payment or a series of recurring payments on the Card (such as where you give the Card details to a Retailer to be used for Card payments in the future) for a set or variable amount.

7.3 We will start executing a Card transaction as soon as we receive the transaction request. The time of receipt of a transaction request is when it is received by us, which may be the time you consent to the transaction, or the time we receive the request from the Retailer. You cannot stop a Card transaction after the request for it has been transmitted to us.

7.4 We may refuse a Card transaction if:

7.4.1 you have failed to use the required authentication method and/or Security Credentials;

7.4.2 there is an insufficient available balance on the Card to cover the amount of the transaction and any applicable fees;

7.4.3 the transaction would breach any limits applicable to your Card;

7.4.4 conducting the transaction might cause us to break the law, order of a regulatory body, code, rule of Card Scheme or other duty applicable to us;

7.4.5 we reasonably believe that the transaction is fraudulent, illegal or unauthorised;

7.4.6 we have reasonable grounds to believe you are not complying to these Terms of Use;

7.4.7 conducting the transaction is not technically possible.

7.5 For card-based payment transactions where you do not know the exact amount of the payment transaction at the time you authorise it, we will not block funds on your payment instrument unless you authorise the exact amount to be blocked. This could be the case for payments you make at hotels or at fuel stations for example. We shall release any blocked funds without undue delay as soon as we are aware of the exact amount of the payment transaction and immediately after receipt of the relevant payment order.

8.FEES & FOREIGN CURRENCY TRANSACTIONS
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8.1 Fees will apply to the Card and its use as set out in the Summary Table provided by the Airline. All fees and charges will be deducted from the balance on the Card.

8.2 The Card can be used for transactions which are not in the currency of the Card although a fee will be applied for doing so.

8.3 If you make a transaction in a currency other than the currency of the Card it will be converted to the currency of the Card at the Card Scheme exchange rate. We may also charge an out of currency service charge, see the Summary Table provided by the Airline. The amount of the transaction, as converted to the currency of the Card, together with the out of currency service charge will be deducted from the balance on the Card.

8.4 Exchange rates may change daily, and the exchange rate which applies on the date that you make your transaction may not be the same as the exchange rate we use on the date that we convert the transaction and deduct the service charge from the Card balance.

8.5 When you use an ATM, you may be charged a fee by the ATM owner (you may also be charged a fee for a balance enquiry even if you do not complete a transaction). The ATM may fail to dispense cash if there is an insufficient balance on the Card to cover the amount of the cash withdrawal together with any applicable charges. If for any reason the fees or charges incurred result in a negative balance on the Card, you agree to immediately to pay the amount of any negative balance incurred to us.

9.CHECKING THE CARD BALANCE & TRANSACTIONS

You can check the available balance on the Card via www.swiipr.com/balance-check/ or via the App where you can also check the Card transactions.

10.CARD SECURITY & YOUR OBLIGATION TO NOTIFY US

10.1 You must always make sure that you:

10.1.1 keep the Card, PIN, and any other Security Credentials safe;

10.1.2 do not allow anyone else to use the Card and/or other devices which may be used to access the Card or Security Credentials (such as your mobile phone where you keep the Card or other Security Credentials) to make payments;

10.1.3 do not reveal your PIN or other Security Credentials to anyone else;

10.1.4 do not write down your Security Credentials such as password(s), PIN, or any security information you have given us unless you do this in a way that would make it difficult for anyone else to recognise them;

10.1.5 only release the Card and/or other Security Credentials such as Card number or PIN to make a transaction.

10.2 It is important to memorise your PIN. The Card will be disabled if you use an incorrect PIN 3 consecutive times. You can request a new PIN to be provided to you as set out in clause 10.5.2 below.

10.3 You should also:

10.3.1 treat the Card like cash. If the Card is lost or stolen, you may lose some or all the money on it;

10.3.2 use common sense and be aware of your surroundings before, during and after your use of the Card in-store or at an ATM; if you are apprehensive about your safety, defer your transaction;

10.3.3 remember to remove the Card from the ATM and place withdrawn cash securely upon your purse before exiting an ATM facility. If the Card transaction was not completed, be sure to cancel the transaction prior to leaving the ATM;

10.3.4 always take your receipts, so you have a record of your Card transactions.

10.4 If the Card is lost or stolen or you believe someone else knows or has unauthorised access to the Card or the Security Credentials such as PIN (for example, if you think your Card, Card number or PIN have been or may be misused), you must:

10.4.1 call our Contact Centre without undue delay (we have a 24-hour service) so that we can stop/block the Card and relevant Security Credentials (such as PIN);

10.4.2 if we ask, write to us via the Website or via the App to confirm the loss, theft or possible misuse;

10.4.3 stop using the Card, Card number or relevant Security Credentials (such as PIN) immediately.

10.5 If the Card is used without your permission, or is lost, stolen or if you think the Card may be misused:

10.5.1 we will, upon your notification to us of the same, make all reasonable efforts to stop the use of the Card by blocking it and/or its Security Credentials such as PIN;

10.5.2 you can, after notifying us to stop the Card, request a Replacement Card by contacting the Airline. The Replacement Card will be at the discretion of the Airline and a replacement fee may be charged;

10.5.3 we may disclose to law enforcement agencies any information which we reasonably believe may be relevant.

11.UNAUTHORISED TRANSACTIONS & REFUNDS

11.1 You must notify us of any unauthorised transactions on a Card without delay on becoming aware of it and in any case within 1 month after the transaction was debited to the Card. See clause 10.2 above on how to notify us. You will be responsible for all losses incurred in respect of any unauthorised Card transactions and will not receive any refund if you do not notify us in accordance with this clause.

11.2 We will, on receipt of your notification, investigate the relevant payment and may inform the Airline. You agree to provide any such information as we or the Airline may reasonably require with respect to our investigation.

11.3 The Airline’s rights and obligations with respect to a refund of any unauthorised transactions on the Card are set out in our agreement with the Airline. Where we determine that a refund for such transactions is due, we will make the refund of the transaction including any associated fees (where applicable) back onto the Card in accordance with our agreement with the Airline. You have no direct rights, including any rights to a refund, against us in respect of any unauthorised Card transactions.

11.4 If after we refund a Card transaction onto a Card for any reason, our investigation discovers that the Airline / you were not entitled to a refund, we have a right to deduct the amount of the refund from the funds held on the Card and we reserve the right to recover the value of any refunded payment by any other legal means.

12.OUR LIABILITY

12.1 The Card is issued to the Airline only and you shall not have any rights against us as the issuer of the Card and/or the associated transactions.

12.2 Nothing in these Terms of Use is intended to, nor shall have the effect of, excluding or limiting our liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability which cannot be legally restricted or excluded under applicable law.12.3 We will not be liable for:

12.3.1 any unauthorised, late, or incorrectly executed transactions on a Card, other than and/or beyond our responsibilities as set out in clause 11;

12.3.2 restricting, suspending, blocking, or cancelling the Card in accordance with these Terms of Use;

12.3.3 any unusual or unforeseeable circumstances beyond our control, the consequences of which could not be avoided despite our best efforts (for example, a failure of computer systems which happens for reasons outside our reasonable control or any industrial action which happens for reasons outside our reasonable control) if this prevents us from providing the usual service;

12.3.4 the quality, safety, legality, or any other aspect of any goods or services purchased with the Card;

12.3.5 the failure or refusal of any Retailer or ATM to accept the Card or dispense cash.

13.EXPIRATION CANCELLATION & TERMINATION
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13.1 The Physical Card will have an expiry date printed on the Card (approximately 5 years) or, where the Card is virtual, it will be displayed within the Swiipr App. However, due to the specific nature of the Compensation Card, the funds on the Card will only be available to spend for the period advised by the Airline which is typically 3 to 6 months at which point the Card will be cancelled by the Airline.

13.2 You will not be able to use the Card after it has expired or been cancelled and it will not be replaced. These Terms of Use will terminate automatically when the Card provided to you is cancelled.

13.3 You will not have any rights to any funds remaining on the Card after it is cancelled as set out in these Terms of Use. You will not receive any refund of the remaining funds.

13.4 We may terminate these Terms of Use with you and/or cancel or suspend the Card with a notice addressed to you and having an immediate effect if:

13.4.1 the Card reaches zero balance;

13.4.2 there are insufficient funds on the Card to cover an amount of any transaction made and/or to any fees due to us;

13.4.3 we reasonably believe you are in breach of these Terms of Use or if the Airline informs us or we otherwise suspect that you have used or are attempting to use the Card in breach of your agreement with the Airline;

13.4.4 the Airline requests that we cancel or suspend the Card;

13.4.5 the Airline has breached our agreement with them;

13.4.6 our agreement with the Airline is terminated or expires;

13.4.7 we cease to be permitted to process payments in relation to the Card by reason of law or regulation;

13.4.8 we reasonably believe we need to do so to comply with the law or court order in any applicable jurisdiction, we have been instructed by the Card Scheme or any other rule or duty applicable to us;

13.4.9 we reasonably believe that continuing to permit the use of the Card may cause us to breach any applicable law or regulation, code, or other duty applicable to it or expose Paynetics to any adverse action, censure, fine or penalty from any regulatory authority, law enforcement or other governmental agency or Card Scheme.

14.COMPLAINTS

If you would like to make a complaint, you should contact the Airline. Alternatively, for any issues relating to the functioning of the Card you can contact Swiipr using the Contact Centre details in clause 20.

15.PRIVACY

You should read these Terms of Use alongside our Privacy Policy which you can view here https://paynetics.digital/privacy-and-security-policy/. Our Privacy Policy (as it may be amended from time to time in accordance with its terms), together with these Terms of Use, describes the basis upon which any personal data we collect about you, either directly or from our authorised partners or the Airline or that you provide to us or them, will be processed, handled and shared by us.

16.CHANGES

16.1 We may, at any time and subject to applicable law, amend these Terms of Use, including adding or making changes to any applicable fees and charges. Except as permitted otherwise under these Terms of Use, we will give you and the Airline at least 1 month’s prior notice of the changes to these Terms of Use. Notice of changes will be deemed given when it is posted on the Website or communicated to you and the Airline by other electronic means such as by e-mail or via the App.16.2 We can make immediate changes to these Terms of Use, without notice:

16.2.1 to the exchange rates used to convert Card payments which are not in the currency of the Card where such changes are the result of changes implied by the Card Scheme;

16.2.2 to these Terms of Use, where the changes relate to adding new or improved services, are more favourable to the Airline or yourself or are needed to comply with a regulatory change.

16.3 You will be deemed to have accepted the changes to these Terms of Use if you continue to use the Card after the change comes into effect.

16.4 We will use the contact information you or the Airline have most recently given us to communicate with you.

17.MISCELLANEOUS

17.1 The language of these Terms of Use is English, and we will communicate with you in the English language.

17.2 We may monitor and/or record telephone calls between you and us or our service providers.

17.3 We may transfer or assign our rights and obligations under these Terms of Use at any time. If the transfer means that another entity will be providing the services subject to these Terms of Use, we will give you notice of the transfer and the date when the transfer will take effect. Unless specified otherwise in the notice, the terms of these Terms of Use will be binding on you and the transferee as if the transferee were the original party to these Terms of Use from the date the transfer takes effect. You cannot transfer or assign any of your rights and obligations under these Terms of Use.

17.4 If a court or competent authority establishes that a certain provision in these Terms of Use (or any part of any provision) is invalid, illegal or unenforceable, such provision (or part of it) shall be deemed to be non-existent to the extent necessary, but the validity and applicability of all other provisions of these Terms of Use shall not be affected.

18.GOVERNING LAW & JURISDICTION

These Terms of Use are governed by the laws of England and Wales and any dispute or claim (including non-contractual disputes and claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales, except where such a choice of jurisdiction would be contrary to your rights under the laws of the country where you are domiciled.

19.SUMMARY TABLE: FEES & LIMITS

There are fees and card limits as set out in the Summary Table provided to you by the Airline. For further information, please go to the Swiipr website or follow the link https://www.swiipr.com/fee-table and enter the card sequence number which can be found on the back of the card. Please do not enter the 16-digit card number on the front of the card.

20.CONTACT CENTRE INFORMATION

Contact Centre Main Website
Visit www.swiipr.com/compensation

To view a detailed breakdown of fees associated with your Card
Visit https://www.swiipr.com/fee-table

If your Card is lost or stolen
Visit www.swiipr.com/compensation

To check the available balance on the Card
Visit www.swiipr.com/balance-check/ or the App

For fraud and disputes
Visit www.swiipr.com/compensation

For non-Card related issues
Contact/compensation

For Card related complaints
Contact/ compensation

To view a list of common FAQs
Visit https://support.swiipr.com/

To request a replacemet PIN for your Card
Contact us via https://support.swiipr.com/ with your mobile number and the card sequence number found on the back of the card

To request a replacement Card
Please contact your Airline provider