Your Questions Answered: ‘Can a shop charge me for using a debit card to buy a chocolate bar?’
Agata, Co Kildare
A The short answer is no. EU-based traders aren’t allowed to charge you a surcharge if your bank or card issuer and the merchant’s payment provider are both located in the European Economic Area and if you’re making a payment using a debit or credit card, a direct debit, or a credit transfer.
The only exceptions to this rule are American Express and Diners Club cards, and business/corporate credit cards, where your employer is billed instead of you.
Contact the retailer for clarity around the extra charge and confirm that it is in fact a surcharge. Next, lodge a complaint with them, and mention the Payment Services Directive 2, a regulation that abolished surcharges on Visa and Mastercard payments, and tell the retailer you wish to be refunded the surcharge based on this regulation.
In most cases, retailers will acknowledge wrongdoing at this point and refund the consumer. If they don’t, your only other option is going to the Small Claims Court. Unfortunately, this wouldn’t be it worth financially as it there is a non-refundable €25 fee, but you may want to proceed on principle. You could also report this issue to the CCPC.
‘A car hire comparison site charged me extra for using a debit card instead of a credit card.’
Q I hired a car at Palermo airport, having booked and paid for it in advance through a price comparison website. I specified in the booking that I only had a debit card and was charged €50 extra for this. When I went to pick up the car, the agent said I had to pay an additional €360 for “insurance” as I didn’t have a credit card. When I pointed out that the company had indicated that debit cards were accepted and that I also had my own insurance, he said they were an agency and this was their policy. I had to pay up. Do I have any right to redress?
Oliver, Dublin
A When you hire a vehicle, you’re bound by the company’s terms and conditions (T&Cs), which are set at the company’s discretion. This is why it’s so important to read the T&Cs before you enter into any kind of contract.
Because your contract was with a company outside of Ireland, Irish consumer law doesn’t apply here but luckily, basic EU consumer rights do apply, including the right to clear information before hiring a car. Go back to the documentation you were given when you booked the car and check what it says about insurance and company policy. If you feel there’s nothing in the T&Cs regarding the insurance or policy mentioned to you, or that you were misled prior to booking the car rental, contact the European Consumer Centre Ireland (ECCI), which deals with complaints from Ireland-based consumers against registered businesses based in the EU, EEA or UK. The ECCI can help you to resolve your dispute — but only after you exhaust the trader’s complaints process first.
‘We paid an airline €130 for two window seats and were given other seats.’
Q We bought two window seats from an Irish airline on an outbound transatlantic flight at an extra cost of €130. When checking in online, we were allocated different seats. We applied for a refund but were told that we got equivalent seats instead and that we were sent a message at the booking stage indicating we weren’t guaranteed the seats we paid for. What can we do?
Paul, Limerick
A If it’s an Irish airline, any service supplied must conform with the service contract, under the Consumer Rights Act 2022. Check the airline’s T&Cs: if their policy is to provide you with an equivalent seat when booked seats are unavailable and you feel the seats you were provided with were not equivalent, you might have a case for non-conformity.
When booking a flight and paying for add-ons such as selected seats, it’s important to read the T&Cs and make sure you’re happy with them before purchasing. T&Cs are set at the airline’s discretion and may include conditions about seat availability. Once you make a purchase, you’re bound by the T&Cs – but so too is the airline.
As you’ve already been refused a refund, you could submit a formal written complaint to the airline, outlining the above information and how you’d like the matter resolved. If you aren’t satisfied with the outcome, go to the Small Claims Court, which handles consumer claims up to the value of €2,000 without involv ing a solicitor. There’s a €25 non-refundable fee for taking a claim.
Send your questions to [email protected]
