(33)In order to assess possible negligence by the payment service user, account should be taken of all the circumstances. The evidence and degree of alleged negligence should be evaluated according to national law. Contractual terms and conditions relating to the provision and use of a payment instrument, the effect of which would be to increase the burden of proof on the consumer or to reduce the burden of proof on the issuer should be considered null and void.
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New version applies from 07/12/2009 — introduced by Directive 2009/111/EC (CRD).
64 provisions change.
Recital 33 changes in this version: compare with the current text.