Terms
and Conditions for Diners Club Cardmembers
Use of The
Commercial Bank of Qatar's Cards are governed by the following terms and conditions. By
signing this Card application, or activating or using the Card you are bound by them.
1.
DEFINITIONS
"ACCOUNT"
means an account maintained at any bank in Qatar by the Cardholder; from which the
Cardholder authorises payments to be made against all Charges incurred through the use of
the Card;
"AGREEMENT"
means the Agreement between the Bank and the Cardholder
the terms of which are these conditions and which may be changed from time
to time by the Bank or by law;
"BANK"
means The Commercial Bank of Qatar Ltd. (QSC); whose registered place of business is Grand
Hamad Street, Doha, State of Qatar;
"CARD"
means the plastic card issued under this Agreement, bearing the name of the Cardholder and
the marks of Diners Club International or Visa International or MasterCard International
with whom the Bank is properly licensed with and whose rules and regulations the
Cardholder agrees to comply with; and which is used for Charges to the Card Account within
the valid dates shown on the Card;
"CARD
ACCOUNT" consists of
Cards issued to the Principal Cardholder and Supplementary Cardholder; and where the Card
Limit of the Principal Cardholder will be shared by all Cards; and to which all Charges
are statemented;
CARDHOLDER is a
person over 18 years of age who is either the Principal Cardholder who opens the Card
Account and who with the Supplementary Cardholder(s) is jointly and severally liable for
all Charges incurred on the Card or the Supplementary Cardholder who is recommended by the
Principal Cardholder for issuance of a Card;
"CARD
LIMIT" means the
maximum amount that each Cardholder shall be permitted to charge to his or her Card as
agreed by the Bank from time to time;
"CASH
ADVANCE" means cash
disbursed to the Cardholder by the Bank or any other Diners Club, Visa or MasterCard
member bank or third party relationship either manually or through an ATM (Automatic
Teller Machine) and which will be charged along with the appropriate handling fees
prevailing at the time to the Cardholders Card Account;
"CHARGES"
which, includes Cash Advances are amounts charged to a Card by the Cardholder at any time
(including but not limited to the period after cancellation of the Card) and regardless of
whether a record of Charges is signed by the Cardholder and includes all fees listed in
section 4 (Fees and Charges) any other fees introduced by the Bank from time to time or
any damages levied hereunder and all other amounts owing to Bank;
"PIN" means
a unique computer generated 4 digit code issued confidentially to the Cardholder in a
security envelope which when used in conjunction with the Card at a designated Diners
Club, Visa or MasterCard ATM allows the Cardholder to obtain Cash Advance;
"STATEMENT"
means the Statement of Card Account of both Principal and/ or Supplementary Cardholder;
2. Use of the Card
2.1
The Card must be signed by the Cardholder immediately upon receipt and may only be used:
- by
the designated Cardholder whose name appears on the face of the Card;
- Subject
to the terms of this Agreement current at the time of use;
- Within
the Card Limit as advised to the Cardholder by the Bank from time to time;
- During
the validity period embossed on the Card;
2.2 Subject to the right of the
Bank, in its absolute discretion and without prior notice, the Bank may withdraw the right
to use the Card temporarily or permanently, or refuse any request for authorisation of any
particular Card Charges.
2.3 The Bank may take into
account in calculating the funds available, any outstanding Card Charges, and any funds
which the Bank in its discretion may deem to have been credited or debited to the Card
Account;
2.4 The Bank will not guarantee
goods or services purchased on the Card or entertain disputes between the Cardholder and
insurance company or any third party for that matter.
3. Payment
3.1 The Cardholder
undertakes to pay the Bank the amount of all Card Charges and any other expenses incurred
by the Bank arising from the use of the Card and/or which the Bank determines that it has
suffered as a result of any breach of these terms and conditions by the Cardholder.
3.2 The Principal
Cardholder is and shall remain at all times liable for all Charges incurred on their Card.
The Principal Cardholder and the Supplementary Cardholder shall remain liable, jointly and
severally, for all Charges incurred on any Supplementary Card(s).
3.3 The expenses
incurred by the use of the Card is evidenced by the imprint of the Card and signature of
the holder on the Charge form or invoice presented by the affiliated establishments.
Should the Cardholder purchase any goods or
services for which an imprint and/or signature is not possible such as, but not limited to
telephone order, mail order, ATM cash withdrawal transactions or telephone calls, then
proof of delivery or other supporting documentation from the suppliers of such services
shall be deemed acceptable as proof of purchase.
3.4 The Cardholder
must verify all Charges shown on the Cardholder Statement by checking these against their
Charge form copies and report any discrepancies or disputes to the Bank within 30 days
from the Statement date. The Bank will not entertain any Charges disputed after such time.
3.5 Every month the
Bank will send a Statement to Cardholders at the address stated by Cardholders on the
original application form and as properly amended from time to time; showing all Charges
incurred by the Principal and Supplementary Cardholders during the Statement period and
the total amount due to the Bank by the Cardholders.
3.6 Cardholders are
required to pay the minimum amount due by the payment due date in cleared funds as shown
on their Statement, and where agreed are entitled to carry forward the remaining balance,
provided their Card Limit is not exceeded. The amount
due will be shown on the Statement as well as the total amount outstanding.
All outstanding balances on the Card Account are subject to a service charge, which will
be automatically accrued during each Statement period and reflected on the next Cardholder
Statement. It is at the absolute discretion of the Bank to withdraw the Cardholders right
to make partial payments and to call for immediate payment of the total outstanding
without prior notice.
4. Fees and Charges
4.1
A handling charge, as applicable, will be charged to the Card Account for all Cash
Advances made with the use of the Card.
4.2
The Bank will apply a joining fee when the Card is first issued as well as an annual
fee. A renewal fee will be charged to the Card Account each year as the Card is renewed.
4.3
If the Card is replaced due to loss or theft, etc., a replacement charge will be
posted to the Card Account.
4.4
A re-issue fee will be charged to the Card Account if the Card is re-issued due to
the need to re-issue the PIN or if the Card is damaged.
4.5
A renewal fee is charged to the Card Account if the Card is cancelled due to late
payment and will not be renewed and there is still an outstanding balance at the expiry
date of the Card.
4.6
Any expense or fees incurred for the recovery of unpaid Statements are for the Card
Account of the Cardholder. Any amounts which are not settled in full by its payment due
date, shall be subject automatically, and without the need for additional formalities, to
a service charge, which is currently 1.75% per month (for Cardholders who maintain a
salary transferred Account at the Bank) and 2.00% per month (for Cardholders who do not
maintain a salary transferred Account at the Bank) of the amount outstanding, calculated
from the posting date of the Charge(s) until that amount has been repaid in full, the
order of repayment of outstanding Charge(s) being determined by the Bank. Furthermore, a Cardholder who fails to pay the
minimum amount agreed with the Bank, and as intimated on their statement shall be liable
to additionally pay a penalty charge on the unpaid balance which is currently 0.5% per
month or QR 15 per month (whichever is higher)
4.7
An Overlimit fee is charged to the Card Account once per month per Card Account, if
the Cardholder exceeds their Credit Limit during the month.
4.8
The Bank reserves the right to charge a handling fee to recover the costs of
processing Charge backs and photocopy requests of sales slips.
4.9
Such fees are determined by the Bank and changed from time to time as it deems
necessary.
4.10
Charges incurred in currencies other than the billing currency will be converted at the
prevailing rate of exchange as determined by the Bank, at the time the Bank accepts such
Charges.
4.11
Without prejudice to the Banks rights at any time to take the appropriate legal
action, the Bank may charge fees for any returned unpaid cheque drawn by the Cardholder in
full or partial payment of the outstanding amount.
4.12
The Bank shall be entitled at its sole discretion to vary the rate or method of
calculation of the above fees and charges or any other fees and charges.
4.13
The Bank may not send a written notification to inform the Cardholder about the above fees
and Charges.
5. Withdrawal of use of the Card
5.1 The Bank reserves
the right to withdraw the use of a Card if at any time the Cardholder fails to make the
required payment, exceeds their Card Limit, and/or breaches any of the terms and
conditions of this Agreement.
5.2 The Bank may at
any time and without notice cancel or suspend the right to use the Card entirely or in
respect of specific facilities or refuse to reissue, renew or replace the Card, without in any case affecting the Cardholder's
obligations under these terms and conditions which shall continue in force.
5.3 The Card is and
shall remain at all times the property of the Bank and upon first request from the Bank or
its agent and/or cancellation, all or any Cards issued for use under these terms and
conditions must be returned immediately to the Bank.
6. Termination
The
Cardholder may terminate the Card Agreement by written notice to the Bank but such
termination shall only be effective on the return to the Bank of all Card(s) issued and
the payment of all liabilities of the Cardholder under these terms and conditions. The
Cardholder will also remain liable for all Charges incurred on the Card up to a period of
90 days after the Card is returned, cancelled or has expired, whichever is later. The Bank
may terminate the Card Agreement at any time without notice, by cancelling or refusing to
renew the Card. Until notice of such termination, the Bank may re-issue Cards from time to
time for use in accordance with these terms and conditions.
7. Renewal
Cards
will be renewed automatically upon the expiry date of the Card unless otherwise requested
in writing by the Cardholder at least 45 days before expiry.
8. Security of the Card and PIN
8.1 The Cardholder
will exercise all possible care to ensure the safety of the Card and will prevent the PIN
(as and when issued) becoming known to any other person. The advice of the PIN must
therefore be destroyed immediately after receipt. Any record of the PIN must be
unidentifiable as such and kept entirely separate from the Card. The Cardholder will not disclose
the Card number (embossed on the Card) to any third party except in connection with its
usage for the purpose of a Card transaction or when reporting the actual loss or theft of
the Card.
8.2 If the Card is
lost, stolen or for any reason liable to misuse or if the PIN becomes known to any other
person, the Cardholder must immediately notify the Bank by calling the Banks
telephone number listed in section 11.3 and subsequently, within seven days confirm the
loss, theft or misuse in writing to the Banks contact address listed in section
11.3, giving all details and supporting documents of the incident. The Bank shall not be
liable for any Charges incurred on lost, stolen or misused Card(s) until such notification
has been received by the Bank. Thereafter,
the Cardholders liability is limited to QR 250.
8.3 If a lost/ stolen
Card is subsequently found, it should immediately be cut in half and returned to the Bank.
9. Refunds and Claims
The
Cardholder will only be credited with a refund in respect of a Card transaction if the
Bank receives a refund. No claim by a Cardholder against a third party may be the subject
of a defence or counter claim against the Bank, and no right of a Cardholder against the
Bank may be assigned or otherwise disposed of. The Bank shall not be liable in any way if
a third party does not honour the Card.
Subscription fees are non-refundable.
10. Validity of Terms and Conditions
The
Bank may vary these terms and conditions including Fees and Charges at any time or times
whether or not a similar variation is made to these terms and conditions with any other
Cardholders. Without giving any prior notice, the Bank shall be entitled to alter or amend
these terms and conditions at its absolute discretion and with immediate effect.
11. General
11.1 The Bank shall
not be liable if it is unable to perform its obligations under these terms and conditions,
nor shall the Cardholder's liability to make payment under condition 3 above be discharged
if the Bank is unable to advise the amount due because of the failure of any machine, data
processing system or transmission link or to individual dispute or anything outside the
control of the Bank, its agents and subcontractors. The Bank will not be liable for any
failure or malfunction of any ATM, or any equipment associated with the Card nor for any
loss or damage the customer may suffer by virtue of such failure or malfunction and
whether or not it affects the ability of the customer to use the Card.
11.2 The Bank does not
undertake that facilities available to Cardholders as a result of arrangements between the
Bank and third parties will continue indefinitely.
11.3 The Banks
legal contact address is The Commercial Bank of Qatar, P.O.Box 3232, Doha , Qatar and its
telephone number for making any enquiries, activating Cards or reporting lost/stolen Cards
is 4490000.
11.4 The Cardholder
shall immediately and at all times notify the Bank of a change to his/her legal and/or
residential status and place of work. Any judicial and/or other notice(s) shall be deemed
effective if sent to the Cardholder at the address stated in the application form, or to
any address subsequently notified to the Bank.
11.5 The Cardholder
irrevocably submits to the non-exclusive jurisdiction of the competent courts of Qatar in
all respects in relation to his/her obligations to the Bank.
11.6 The Card
Agreement shall be governed by and construed in accordance with the Laws of Qatar. |