The legal framework of the payment services contract
The relationship between a consumer and a payment service provider is built on the consumer-rights chapter of the Georgian Law on Payment Systems and Payment Services: these norms define what information and conditions the provider must agree with the consumer, how a payment is authorized, within what deadlines a payment order is executed, who answers for non-performance, and how unauthorized operations and complaints are resolved. A contract's text cannot replace these norms — it reflects them and cannot concede less than they guarantee in the consumer's favor.
Information and agreement with the consumer
Under point 1 of Article 20 of the law, the provider must, under the National Bank's procedure, supply the consumer with information and/or conclude an agreement covering the terms of the service — including the terms of provision, tariffs, and the rights and duties of the consumer and the provider. The provider may not charge the consumer a commission for providing information, nor for corrective or preventive measures to avoid an unauthorized or incorrectly executed operation — except for the exceptions provided by law, which are redeemed as a pre-agreed and reasonable commission. Where the payer's and the payee's providers operate in Georgia, each party pays its own provider's commission. The National Bank may set the manner of providing information on every commission paid by the consumer. With legal persons meeting defined criteria, the provider and such consumers may agree by contract on a different regime — toward consumer natural persons this possibility does not exist.
Authorization of a payment operation
Under Article 22 of the law, a payment operation is considered authorized only where the payer's consent exists. Authorization is possible before or after execution where an agreement so provides; consent is given in the agreed form and may be given through the payee or a payment initiation service provider. The payer may withdraw consent at any time — but no later than the moment of execution established by law; any operation carried out after withdrawal is considered unauthorized. The consent procedure must be agreed between the payer and the provider — it is precisely this procedure that makes it possible to trace disputed operations.
Execution deadlines
Article 26 of the law regulates deadlines precisely. Where the payer and the payee are customers of the same provider, the amount must be reflected on the payee's account on the day the payment order is received. Where they have different providers, the payer's provider transfers the amount to the payee provider's account no later than the next banking day, and the payee's provider reflects the credited amount on the payee's account on the day of crediting — or, if that day is a non-working day for it, no later than the next working day. The value date on the amount cannot precede the debit of the payer's account. If the payee's provider cannot identify the payee, the amount is returned under the National Bank's procedure. On a cash deposit to an account or an exchange into electronic money, the provider credits the amount immediately, while cash collected for a legal person becomes available no later than the next working day. The payer may request a confirmed document of execution.
Liability for a failed or incorrect order
Article 31 of the law divides liability as follows: the payer's provider is liable to the payer for the correct execution of an order initiated by the payer, unless it proves that the payee's provider received the amount in time; the payee's provider is liable to the payee for the correctness of the operation once the first link is proven. The responsible provider must, without unjustified delay, reimburse the amount of the unexecuted or incorrectly executed operation and restore the debited account to the state it would have been in without the operation; the value date on the credited amount is no later than the debit date. In addition, upon the payer's request the provider takes immediate tracing measures and communicates the result — free of charge, except for the foreign-systems exception, where the commission must be reasonable. The provider also compensates the consumer's costs and the lost deposit interest.
Unauthorized operations and the consumer's liability
Article 33 of the law resolves unauthorized payments through the provider's duty: it reimburses the payer immediately, but no later than the end of the next working day after it learned or was notified, and restores the account. The consumer's liability for damage caused by a stolen or lost payment instrument is capped at GEL 100 — except where the theft or loss was impossible to detect before the operation, or the loss was caused by the provider's action. In case of fraudulent conduct or breach with intent or gross negligence, the payer bears the damage in full, and the GEL 100 cap does not apply. If the provider does not require strong authentication, the payer bears no liability — except in case of fraud; and after notification of the instrument's loss, subsequent damage no longer falls on the payer. For an unauthorized operation executed through a payment initiation service provider, the account-servicing provider reimburses and then pursues recourse against the initiator.
Complaints and their handling
The law's complaint norm obliges the provider to maintain adequate and effective procedures for receiving, examining and deciding consumer complaints — free of charge. A complaint may be submitted orally or in writing, including electronically; the provider acknowledges receipt on the same day. The decision must answer every issue raised in the complaint and is taken no later than 15 working days from receipt; where delay is due to reasons independent of the provider, the consumer is informed of the reason and of the total period, which cannot exceed 35 working days. In the decision, the provider must inform the consumer of the possibility of applying to the dispute resolution commission at the National Bank — no later than 6 months from the day of the complaint to the provider — and that the commission examines disputes free of charge. This information is also published on the provider's website and included in the framework agreement. The Legal.ge team assists in drafting payment contracts and defending positions on failed payments.