Terms of Service
Germany: Terms and Conditions for money transfers via the Western Union® online service
IT IS IMPORTANT THAT YOU READ AND UNDERSTAND OUR TERMS AND CONDITIONS BEFORE AGREEING TO THEM.
THEY CONTAIN LIMITATIONS ON OUR OBLIGATIONS TO YOU, AS WELL AS LIMITATIONS ON AND EXCLUSIONS OF OUR LIABILITY TO YOU FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF ANY TRANSFER OF MONEY THROUGH THE WESTERN UNION ONLINE SERVICE.
RELEVANT PROVISIONS ARE HIGHLIGHTED BY BOLD LETTERS.
The following terms are used in our General Terms and Conditions:
a. "Bank Card" refers to a Visa® or MasterCard® credit card or debit card;
b. "Business Day"means a day (which is not a Saturday or a Sunday) on which banks in Vienna are open for business.
c. "Card Issuer" refers to the issuer and owner of a bank card;
i.e. "Payment Method" means the options available to the Sender for making a money transfer through the Western Union Online Service.
These may vary from country to country and may involve a bank card, bank account or other payment method.
e. "Prohibited Purpose"refers to any unlawful purpose including, but not limited to, making or receiving payment for gambling services, tokens or gambling loans, making a payment to yourself as a recipient to establish creditworthiness (FRAUD RISK), creating multiple profiles or sending or receiving funds on behalf of another person;
f. "Recipient" refers to the person designated as the beneficiary of a money transfer (whether such transfer was initiated by an originator through the Western Union Online Service or by an individual through another Western Union money transfer service);
G. "Principal" refers to the person who arranged for a money transfer to be made through the Western Union Online Service;
H. "Transaction" refers to any money transfer that you initiate through the Western Union Online Service;
i. "Western Union", "We", "Our" or "Us" refers to Western Union International Bank GmbH and Western Union International Limited and in the Terms of Contract in Section 9 and any reference to "our negligence or fraud". ” also includes Western Union affiliates or distributors when they perform tasks that would otherwise have to be performed by Western Union to provide the Western Union Online Service;
j. "Western Union Online Service" refers to money transfer services provided by Us through the Western Union Website or Western Union Mobile App;
k. "Western Union Website" or "Website" means the website operated by Us to provide money transfer services and the Western Union Mobile App;
l. "You", "Your" or "Your" refers to any person using the Western Union website as a sender.
1. ABOUT US
1.1. The Western Union® online service is offered by Western Union International Bank GmbH ("WUIB") in association with Western Union International Limited.
WUIB is a limited liability company registered in Austria under commercial register number (FN) 256187t at the Commercial Court of Vienna with its registered office at THE ICON VIENNA (Tower 24), Wiedner Gurtel 13, A-1100 Vienna.
Its Data Processing Registration (DVR) number is 2111221. Western Union International Limited is incorporated in Ireland (company number: TO 372428) and has its registered office at Richview Office Park, Unit 9, Clonskeagh, Dublin 14, Ireland.
1.2. Consumers can find out the addresses and opening times of distributors and local agents by calling 0800 181 1797. You can still contact WUIB by calling (toll free in Austria): +43 (0)800 29 6544 or by sending an e-mail. Mail to germany.customer@westernunion.de.
1.3. WUIB is overseen by the Austrian Financial Market Authority ("Finanzmarktaufsicht"), Otto-Wagner-Platz 5, 1090 Vienna, telephone number +43 1 249 59.
Further information regarding the Financial Market Authority is available on the website www.fma.gv.at.
2. ABOUT OUR SERVICES
2.1. Western Union offers domestic and international money transfer services through the Western Union online service.
You must be at least 18 years old and have your habitual residence in Germany to use the Western Union online service.
Each money transfer is assigned a unique transaction number called the Money Transfer Control Number or "MTCN".
2.2. By filling out and confirming the information required for a money transfer and by accepting these General Terms and Conditions, the client authorizes WUIB to carry out a specific money transfer.
Each individual order constitutes a separate contract between WUIB and the client, which is limited to the execution of a specific money transfer.
At no time will there be any Master Agreement between You and Us obliging Us to carry out single and consecutive money transfers.
The ordering party must inform the recipient himself about the money transfer.
2.3. Subject to any legal or regulatory requirement, We undertake to make the funds available for collection by the Recipient no later than the end of the Business Day following the Business Day of the Time of Receipt (“Receipt Date”).
Time of Receipt is the time at which We receive the money to be transferred and the fees associated with the transfer.
For money transfers initiated in paper form, the deadline is extended by an additional business day.
2.4. For transfers of funds (i) to a country outside the EEA, or (ii) involving more than one currency conversion between the euro and the currency of a non-euro area Member State of the European Union or EEA member state, or (iii ) that are not paid out in euros, the amount of money will be made available for collection by the recipient no later than the end of the fourth business day after the day of receipt.
2.5. Normal money transfers can usually be collected within a few minutes, depending on the business hours of the respective distributor's location.
Delays and other restrictions may apply in certain countries.
For details, please call the telephone number given in clause 1.2 of these General Terms and Conditions.
2.6. The Western Union Online Service offers a variety of options for collecting money: cash pickup at a Agent's location, or wire transfer to a bank account or mobile phone, where applicable.
In order to receive the money in cash, each recipient must provide sufficient proof of their identity and all information required by Western Union about the money transfer, in particular the name of the sender, the country of origin, the name of the recipient, the approximate amount and any other conditions and requirements that are mandatory at the location of the Western Union sales partner for the payment of sums of money, e.g. the MTCN (Money Transfer Control Number).
Cash payments will be made to the person that Western Union or the agent deems authorized to receive the money transfer after verification of identification documents.
Cash withdrawals can be made even if the transaction details provided by the recipient contain minor errors.
Neither Western Union nor its agents compare recipient address information.
At certain payout locations, the recipient may be asked to verify their identity or answer a test question, or both, to collect the funds.
Test questions are not an additional security feature and cannot be used to time or delay the payment of a money transfer and are prohibited in some countries.
For transfers to a bank account or mobile phone, Western Union transfers the funds to the account designated by the sender.
In the event of any discrepancy between the account number holder (including mobile phone numbers for accounts on mobile phones) and the name of the nominated recipient, the transfer will be credited to the account number provided by the originator.
2.7. Applicable law prohibits companies that send money from doing business with certain individuals or countries; Western Union is required to verify all transactions against lists of names provided by the governments of the countries and territories in which We do business, including the U.S. Office of Foreign Assets Control (OFAC) and the Get European Union.
In the event that a possible match is identified, Western Union will review the transaction to determine if the name matched is the person on the appropriate list.
For this purpose, Western Union has the right to request additional information and proof of identification from the sender or the named recipient, which may delay the transaction.
This is a legal requirement for all transactions processed by Western Union (including all shipping activity initiated and completed outside of the United States).
2.8. Transfer Fees: Written information on Our Fees charged to the Sender for the money transfer is available through Western Union's Transactions website.
These are presented to the customer before the payment order is completed.
You can see the specific fees for making a money transfer by going to www.westernunion.com and clicking on the "Send money online" box.
Select the destination country there, enter the desired transfer amount and click on "Calculate".
The sender is responsible for paying all fees for the money transfer, unless the applicable law in the receiving country requires otherwise.
In certain cases, money transfer payments may be subject to local taxes and processing fees.
For account-based money transfers, as well as money transfers to a mobile phone or bank account, the recipient may incur additional fees for receiving funds from the originator.
Funds transfers should be sent to a local currency account (owned by the recipient), otherwise the receiving bank (where the recipient has an account) may convert the funds at their own exchange rate or reject the transaction.
Questions regarding the account, rights and obligations, fees, availability of funds and account restrictions will be governed by the agreement that the recipient has with their wireless service provider, mWallet service provider or other account provider.
In the event of any discrepancy between the account number holder (including mobile phone numbers for accounts on mobile phones) and the name of the nominated recipient, the transfer will be credited to the account number provided by the originator.
Western Union may charge additional fees for sending or receiving money transfers made using an account.
Western Union shall not be liable to the sender or any account holder for any charges related to the conversion rates used in converting into non-local currencies or for the acts or omissions of the ultimate or intermediate financial service provider.
2.9. foreign currencies
a. Money transfer payments are usually paid out in the currency of the destination country (some countries only allow payouts in an alternative currency).
All currencies are converted at the current Western Union exchange rate.
Western Union calculates its exchange rate based on commercial interbank rates plus a margin.
Most exchange rates are adjusted several times a day according to the corresponding closing rates on the global financial markets.
You can find out the exchange rate for a money transfer when you select the destination country in the "Send Money Online" field on www.westernunion.com, enter the desired transfer amount and click "Calculate".
b. The currency will be converted at the time of transfer and the recipient will receive the foreign currency amount displayed during the transfer process.
However, local regulations in some countries dictate that money transfers can only be converted at the time of payment.
In the event that the Client is sending the amount of money to one of these countries, the exchange rate given above is only an estimate and the actual exchange rate will be determined at the time of payment.
Western Union Agents may offer recipients to receive the funds in a different currency than the sender's choice.
In these cases, Western Union (or its agents, wireless service providers, or account providers) may earn additional money by converting the sender's funds into the recipient's chosen currency.
If the Client chooses a payment currency that is different from the national currency of the destination country, it is possible that the selected payment currency is not available in all payment offices of that country, or that it is not available in sufficiently small denominations to pay off the entire money transfer.
In this case, the Distributor may pay out all or part of the Client's money transfer in the local currency.
The exchange rate used by Western Union may be less favorable than publicly disclosed commercial exchange rates used in transactions between banks or other financial institutions.
Any discrepancies between the exchange rate offered to customers and the exchange rate received from Western Union will be retained by Western Union (and, in certain cases, its agents, wireless carriers or account providers) in addition to transfer fees.
Additional information on exchange rates for specific destination countries can be obtained by calling the toll-free number below or by visiting Our Website.
2.10. SMS – Western Union may offer free SMS notifications in some countries to notify (the sender) that the transfer amount has been collected from the recipient or that the funds are ready for collection (to the recipient).
The customer or the recipient are solely responsible for the costs of the telephone provider.
Western Union is not responsible for any charges associated with SMS messages.
If permitted by applicable law, the SMS message will be sent to the sender's and/or recipient's mobile phone number provided at the time of the transaction.
Western Union will send the SMS messages to a gateway for delivery, however delivery is the responsibility of a third party and cannot be guaranteed.
Western Union is not responsible for technical malfunctions that occur outside of its own system.
3. OUR RESPONSIBILITIES TO YOU
3.1. We agree to provide You with the money transfer services and related information in accordance with these Terms and Conditions in the form of single payments, using reasonable care in doing so.
3.2. We are under no obligation to carry out any instruction to complete any Transaction and shall not be liable if we refuse any Order or withdraw, terminate or in any way limit Our provision of Services to you.
However, these General Terms and Conditions shall apply to any Orders that We choose to accept.
3.3. We assume no liability for:
a. the goods or services you pay for through the Western Union Online Service, including but not limited to the delivery thereof;
b. malfunctions in communication facilities that are not under Our control;
c. loss of data or delays in transmission caused by the use of an internet service provider or browser or other software outside of Our control;
i.e. the services provided by your card issuer;
e. Viruses originated by third parties;
f. failures on the Western Union website or Western Union online service due to incomplete or incorrect information provided by you or a third party;
G. unauthorized use or interception of information prior to its arrival on the website; or
H. unauthorized use of, or access to, any data relating to You or Your transactions held by Us, except where such use or access is caused by Our negligence.
3.4. Notwithstanding any prior arrangement, We have no obligation to you to arrange or effect a money transfer if:
a. we are unable to obtain sufficient proof of your identity;
b. we have reason to believe that the transaction information is inaccurate, unauthorized or falsified;
c. You provide Us with incorrect or incomplete information, or Your Transaction Information does not reach Us in sufficient time to allow the requested transfer of funds to be completed in a timely manner in accordance with Clause.
2.3 to 2.5 to ensure; or
i.e. Your card issuer does not authorize the use of your bank card to pay for the transaction and Our fees.
Subject to our liability in accordance with the following no.
8 shall not be liable for any damages arising out of non-payment or late payment of a money transfer to a Recipient or failure to complete a transaction using the Western Union Online Service due to any of the above causes.
3.5. We may refuse to allow you to use any or all of the Western Union Online Service if such use violates any Western Union policy (including
Anti-Fraud, Money Laundering or Terrorist Financing Prevention Policies) and/or violates any applicable law, court order or requirement of any regulatory, governmental or other body to which We are subject, or where We deem it necessary to do so to protect Our own interests.
If We refuse to allow You to use the Western Union Online Service (in whole or in part) for any of the reasons set out above, We will notify You accordingly and provide a reason for Our action, unless We are legally prohibited from doing so.
3.6. We may suspend all or part of the operation of the Western Union Website or the Western Union Online Service if We, in Our sole discretion, deem appropriate to do so due to circumstances beyond Our reasonable control (“Events Outside Our Control”).
If the services provided through the Western Union Website or Western Union Online Service are interrupted for any reason (whether by Us, a third party or otherwise), We will take reasonable steps to minimize the duration of the interruption to keep.
3.7. Communication with you usually takes place via the Internet and by e-mail.
However, this does not affect Your right to otherwise contact Us in certain circumstances (see clause 1.2 above).
4. YOUR RESPONSIBILITIES TO US
4.1. You agree to pay Our Fees (see Section 2.8 above for more detail) for each money transfer You initiate using the Western Union Online Service.
4.2. You must pay the base amount required for a money transfer and Our Fees using a bank card or from your bank account (if bank account-based money transfer is permitted by WUIB).
You agree that your card issuer will pay the base amount of the money transfer and Our fees for the relevant transaction or transfer such amount from Your bank account to Us before We perform the money transfer or other transaction.
You will be informed of the exact amount We will charge your card issuer or debit your bank account prior to Your final authorization of the transaction.
4.3. You agree and acknowledge the following:
a. The information provided in connection with an online money transfer is true, accurate, current and complete;
b. You may only disclose the transaction data (amount of money, your name, your country, name of the recipient and MTCN) to the recipient.
You are obliged to ensure that this data cannot be spied on by third parties.
We recommend that you only transfer money to recipients you know personally;
c. You may not use the Western Union Online Service for any prohibited purpose;
i.e. You may not initiate the transfer of funds for any Prohibited Purpose as part of the Western Union Online Service.
e. You will not request any money transfers using the Western Union Online Service in violation of these Terms of Service or any other usage restrictions or conditions specified on Western Union's website; and
f. You are responsible for the security of your password and username in accordance with clause 6 below.
4.4. In the event of loss, theft, reproduction or misappropriation or unauthorized use of the Transaction Data (see clause 4.3.b above) or if You believe that We have carried out a Transaction which You have not authorized Us to carry out or if You are of the opinion that We have not carried out a Transaction or have carried it out incorrectly, You must telephone Us on 0800 181 1797 as soon as you become aware of the facts.
We will then initiate investigations.
4.5. You agree and acknowledge that We may disclose information about You and the Services We provide to You to any regulatory or governmental authority or agency, if any
a. we are required by law to do so; or
b. we believe that such disclosure may help prevent fraud, money laundering or other criminal activity.
5. CUSTOMER SERVICE
If you notice any errors or problems on the Western Union Website or the Western Union Online Service, please contact Us by email or telephone (contact details are set out in Section 1.2) or write to Us in English to the following address:
Western Union Germany
Lithuania UAB
J. Balcikonio Str 3,
Vilnius, Lithuania LT-08247
6. PASSWORD AND SECURITY
When making your first money transfer order to Us, you will need to provide a password and a valid email address as your username.
The password and username may only be used by yourself.
You are solely responsible for maintaining the confidentiality of your password and username and for any transactions conducted using your password or username.
DO NOT SHARE YOUR PASSWORD OR WRITE IT ANYWHERE!
You agree to notify Us immediately by telephone on 0800 181 1797 of any unauthorized use of Your password or Username or any other breach of security.
After You notify Us of any unauthorized use of Your password or username, We will immediately take all steps necessary to prevent any further use of that information.
We will notify you of this action as soon as we have taken the appropriate steps and will tell you Our reasons, unless We are legally unable to do so.
By taking these steps, We will not be liable for any loss or damage arising out of Your failure to comply with Your obligation under this paragraph.
However, you may be entitled to a refund or credit from your card issuer if your bank card or bank account has been used fraudulently.
7. DISCLOSURE OF INFORMATION TO THIRD PARTIES
7.1. Western Union will use and process your personal information in accordance with Our Privacy Policy, which you hereby expressly consent to.
Click here to go to Our Privacy Policy.
We are entitled to make changes to our privacy policy at any time.
7.2. This declaration represents an express waiver of banking secrecy in accordance with Section 38 of the Austrian Banking Act.
You can revoke this consent at any time by sending a letter to the WUIB address given in section 1.1 or by email to the e-mail address given in section 1.2.
7.3. We reserve the right to verify the information you have provided.
Western Union receives credit reports based on mathematical-statistical methods from Deltavista GmbH, Diefenbachgasse 35, 1150 Vienna, or other service providers working for Us, in order to check the customer information, with the exception of credit information.
You can revoke this consent at any time.
8. LIABILITY
A. Unauthorized Transactions
8.1. We may be liable to You if We perform a Transaction for You which You have not authorized Us to perform.
With the exception of the cases in which you pursuant to para.
8.2 and 8.3, We will not be liable for any Transaction not authorized by You, We will promptly refund the Transaction amount to You, but no later than the end of the Business Day following the day on which We were advised that the relevant Transaction was unauthorized , or otherwise became aware of the unauthorized transaction.
We have no claims against you for reimbursement of Our costs.
If We suspect that You have committed an act of fraud, Our obligation to reimburse you is suspended pending further investigation, which will be promptly initiated.
8.2. You may be liable up to a maximum of EUR 50 for losses where:
a. the loss results from unauthorized transactions made through the use of lost, stolen or otherwise misplaced transaction data (see clause 4.3.b) above) or
b. the loss arose as a result of your misuse of Transaction Data.
8.3. We will not assert any claim against you under Clause 8.2 if you were unable to ascertain the loss, theft or misuse of the Transaction Data or if the loss of the Transaction Data was caused by an employee or agent working for Us or any of Our branches , or was caused by an external service provider commissioned by Us.
8.4. Your liability for losses from an unauthorized transaction is not limited to a maximum of EUR 50 in accordance with Section 8.2 if you have acted fraudulently or have contributed to the misuse of transaction data intentionally or with gross negligence.
In these cases, you will be liable for all damage caused by the unauthorized transaction.
Gross negligence occurs in particular, but is not limited to, failure to notify Us immediately of the loss of Transaction Data or failure to keep Transaction Data secure or disclose it to any third party.
8.5. Except where there is bad faith on Your part, You shall not be liable to Us:
a. for losses arising from any unauthorized use of Transaction Data after We have been notified in accordance with Clause 4.4;
b. if We have not ensured that Our contact points are available to You to notify Us in accordance with Clause 4.4.
B. Incorrect Transactions and Uncompleted Transactions
8.6. We may be liable to you if We do not carry out correctly, or at all, any Transaction that You authorize Us to carry out, for which You are not at fault.
This means that in the event of an uncompleted or incorrectly completed Transaction, We will refund the Transaction Amount (to the extent that the Transaction was not completed or was improperly completed).
You are entitled to a refund of all fees and interest charged or incurred in connection with an uncompleted or incorrectly completed transaction.
8.7. To the extent that We or an intermediary have charged fees for an uncompleted or incorrectly completed Transaction and the fees have been deducted from the amount due to the Recipient under the Transaction, We will promptly refund to the Recipient the amounts owed to him in respect of these fees have been charged.
8.8. Any further liability that we may owe you under Section 8.6 is excluded to the extent that:
(a) we can demonstrate that the transaction amount was received by the recipient's payment service provider in a timely manner; or
(b) for the purposes of Clause 8.6, a Transaction will be deemed to have been properly performed if We are able to demonstrate that the Transaction was performed in accordance with the Transaction Details You have provided to Us.
If You have provided Us with incorrect details in order to carry out the Transaction, You may ask Us to assist You in recovering the funds concerned.
We cannot guarantee the success of these efforts.
We reserve the right to charge you a fee to cover Our reasonable costs in relation thereto.
C. Damages
8.9. Without prejudice to any right to a refund under clauses 8.1 and 8.2 for (i) any Authorized Transaction not performed or incorrectly performed, or (ii) any unauthorized Transaction, You are entitled to claim damages from Us.
This will not be the case where We are not responsible because there is no breach of duty by Us.
We are liable for culpable actions by intermediary bodies commissioned by us, insofar as the culpability does not lie with an intermediary body commissioned by you.
If you have contributed to the occurrence of damage as a result of culpable action on your part, the question of the proportion in which the damage incurred is divided between us and you will be decided according to the principle of contributory liability.
8.10. Our liability for damages under clause 8.6.(a) is limited to a maximum of EUR 12,500 per transaction.
The liability cap does not apply:
• in unauthorized transactions,
• in the event of intent or gross negligence,
• in the case of interest losses as well as
• in relation to risks arising from a Transaction that You have informed Us of.
D. Disclaimer
8.11. Any further liability that we may owe you under Clauses 8.1 or 8.6 is excluded unless You notify Us of the unauthorized or improperly executed Transaction within 13 months of the Transaction being carried out.
8.12. We shall have no liability to You to the extent that the unauthorized or improperly completed Transaction was effected by, or under the control of, a third party before We have received Your payment for the Transfer or other Transaction.
You must immediately contact the relevant third party and inform them of the circumstances of the unauthorized or improperly executed transaction.
8.13. We shall also not be liable under Clause 8 for any failure to complete or improperly completed Transactions as a result of events outside of Our control or We are required by law to do so.
8.14. We are not liable for damage that is based on unusual and unforeseeable events over which Western Union has no influence and the consequences of which could not have been avoided despite exercising due care (e.g. caused by events outside of Our control, failure of telecommunications lines , civil unrest, war or other events such as strikes or lockouts that we cannot influence).
This also applies to cases in which Western Union is bound by other community, national, judicial or administrative regulations.
8.15. We do not exclude or limit Our liability to you where it would be against applicable law to do so.
This includes liability for damage to life or limb caused by Our gross negligence, for fraud or fraudulent misrepresentation, or for breach of Our legal rights where it would be prohibited by law to infringe relevant legal rights in relation to the Western Union exclude or restrict online service.
9. INTELLECTUAL PROPERTY
The Western Union Website and the Western Union Online Service, their content and all intellectual property related to or contained therein (including copyrights, patents, database rights, trademarks and service marks) are owned by Western Union, its affiliated companies or from third.
All rights in the Western Union Website and Western Union Online Service remain Our property and/or the property of third parties.
The Western Union Website and Western Union Online Service may be used only for purposes permitted by these Terms of Service or as described on the Website.
You are authorized to view and save one copy of the pages of the Western Union website for your personal use only.
You may not duplicate, publish, modify, create derivative works from, participate in the transmission, or sale of the Western Union Website, the Western Union Online Service, or any portion thereof, without Our express written permission publish it on the World Wide Web or otherwise use it for public or commercial use.
You may not: (a) use any robot, spider, scraper or other automated program to access the Western Union Website or the Western Union Online Service; and/or (b) remove or alter any copyright, trademark or other proprietary notices displayed on the Western Union website (or printed pages of the website).
The Western Union name and all other names and proprietary designations of Western Union products and/or services appearing on the Western Union website are the exclusive trademarks of Western Union or the exclusive trademarks of others.
Other product, service or company names mentioned on the website may be trademarks of their respective owners.
10. LINKS TO OTHER WEBSITES
The Western Union Website may contain links and pointers to other Internet sites and resources on the World Wide Web (the "Linked Sites").
Links to any Linked Site do not constitute an endorsement by Us or Our association with any third party resources or their contents.
Links do not imply that Western Union is affiliated or associated with third parties or is legally authorised to use any trademark, trade name, logo or copyright symbol displayed in or accessible through a link, or that any Linked Sites are authorised to use any trademark, trade name, logo or copyright symbol of Western Union.
You should direct any concerns regarding any Linked Site to such Linked Site's site administrator or webmaster.
Western Union does not represent or endorse the accuracy or reliability of, and expressly disclaims, any advice, opinion, statement, or other information displayed or distributed through any Linked Site.
You hereby acknowledge that reliance upon any opinion, advice, or information displayed on or otherwise available through any Linked Site shall be at Your sole risk.
11. WITH RESPECT TO A MONEY TRANSFER EXISTING WITHDRAWAL OR
RIGHT OF WITHDRAWAL
11.1. You have the right to cancel a money transfer request placed through the Western Union website within 14 days.
The withdrawal must be declared to us expressly and in writing by e-mail or post.
However, You may no longer withdraw if We have already paid the money to the Recipient before We receive Your withdrawal.
If you exercise your right of withdrawal before We have paid the funds to the Recipient, We will refund the transfer amount and will not charge you any fees.
11.2. You may cancel a Money Transfer Order in writing by email or letter to Us, provided We have not paid the money to the Recipient before We receive your cancellation.
In this case, We will refund you the amount of the money transfer at the exchange rate valid at Western Union at the time of the refund, but at least the nominal value of the transfer amount, provided that the payment to the recipient has not been made within 45 days.
In this case, the transfer fees will not be refunded.
If We do not make the money transfer amount available to the Recipient within three Business Days, subject to Your reasonable cancellation, We will refund You the Transfer Amount and any Transfer Fees paid (subject to any legal or regulatory restrictions).
12. ENTIRE AGREEMENT
These Terms and Conditions together with any other contract incorporated by reference into these Terms and Conditions constitute the entire agreement between You and Us and supersede any previous agreement that may have existed between You and Us.
13. SEVERABILITY
If one or more of the provisions of these General Terms and Conditions should be invalid, illegal or unenforceable for any reason, the remaining provisions will nevertheless remain valid and in force.
14. COMPLAINTS, GOVERNING LAW, JURISDICTION
14.1. If You are not satisfied with Our Services, You may lodge a complaint with Us in writing.
Please use the contact details published on www.westernunion.com for this purpose.
We will do our best to investigate your complaint as quickly as possible and will provide you with a final response within 15 business days of receiving your complaint.
In exceptional circumstances, we will provide you with an interim notification within 15 business days, stating the time within which you can expect Our final response; in no event shall this period be longer than 35 business days from the date of your original complaint.
If You do not receive a final response from Us, or are not satisfied with Our final response, you may contact the Joint Arbitration Board of the Austrian Banking Industry, Wiedner Hauptstrasse 63, 1045 Vienna.
Consumers with their habitual residence in Germany can also address certain complaints to the arbitration board at the Federal Financial Supervisory Authority, Unit ZR 3, Graurheindorfer Straße 108, D-53117 Bonn, or the Deutsche Bundesbank arbitration board, PO Box 11 12 32, 60047 Frankfurt am Main.
You also have the option of asserting your rights before the competent ordinary courts.
Alternatively, you can also use online dispute resolution (“ODR”).
The ODR offers out-of-court solutions for disputes arising from online transactions: http://ec.europa.eu/consumers/odr/.
14.2. Austrian law is applicable to these General Terms and Conditions with the exception of its conflict of law rules.
Place of fulfillment is Vienna.
If you are a consumer and resident in Germany, you can also rely on the mandatory provisions of German consumer protection legislation.
14.3. The Austrian courts are responsible for contracts that are not concluded with consumers.
If you are a consumer, you may bring proceedings in relation to any claim or dispute (including non-contractual claims or disputes) arising out of or in connection with these General Terms and Conditions either in the courts of your habitual residence or in the Austrian courts.
If you are a consumer, We will bring an action against you in the courts of your habitual residence, domicile or place of employment.