UK:
Do You Charge Different Amounts For Membership Depending On Payment Method?
13 April 2018
Withers LLP
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The Consumer Rights (Payment Surcharges) Regulations 2012
('the Regulations') as amended by the Payment
Services Regulations 2017 contain an absolute prohibition on any
surcharges imposed on consumers for using a particular payment
method (such as credit or debit card or PayPal). The Regulations
derive from EU law and were introduced to combat the situation
where excessive charges were imposed on consumers who wished to pay
by credit card, with one of the most frequent examples cited being
when booking flights and holidays.
We are aware of a number of charities who offer incentives to
members who purchase their membership using a particular payment
method – whether with a lower annual fee or with additional
months' free membership. Care needs to be taken with these
arrangements and thought given as to whether the specific
arrangements under consideration will fall foul of the
Regulations.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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