Avirato Payments Terms of Service

Avirato Payments Terms and Conditions

The Terms and Conditions described in this document constitute a legal agreement (the “Agreement” or the “Avirato Payments Terms”) between you (if you are acting as a self-employed person) or your company (if you are registering on behalf of a legal entity) and Avirato Software S.L., a company incorporated in Spain with registered office at Calle Azuela 82, 28400 Collado Villalba.

Avirato Payments S.L. offers payment management services natively integrated into its customers’ purchase and collection processes. This integration makes it possible to automate payments from bookings made through online channels, the company’s own booking engine, the channel manager, the physical dataphone or even from the establishment’s reception desk.

Using card tokenisation technology, Avirato Payments S.L. enables subsequent payments to be made without the need for the guest to be physically present, providing greater security, efficiency and flexibility to the payment process.

Avirato Payments S.L. works with different financial providers authorised in the European Economic Area to guarantee the secure and legal provision of these services.

Clauses

1. FEES AND COSTS

Avirato Payments S.L.’s services are provided under the Interchange++ model, which adds to the standard processing cost (bank and network fees) a margin that includes platform, support, integration, security and maintenance services. The Client expressly accepts this model, which consists of:

  • 0.69 % of the total amount of each transaction.
  • 0.0744 EUR per transaction processed.

This cost represents the basic end-to-end payment processing service, including technology infrastructure, technical support, transaction monitoring, tokenisation of payment methods and regulatory compliance.

  • Cost of external KYC (user onboarding): €8.00 per verified cardholder registration.

1.1. Refunds and Chargebacks This section covers costs arising from transactions involving refunds or disputes by the Client’s customers:

  • Refunds (refunds): €0.19 per transaction requested.
  • Chargebacks: €8.20 for each chargeback received.
  • Reverse chargebacks: €0.11 per reverse transaction.

1.2. Authentication and security services These services help to reduce the risk of fraud or payment failures by adding layers of automated verification:

  • 3D Secure authentication (included)
  • Auto Rescue (on-demand failed collection attempt): €1 for each successful attempt.
  • RevenueProtect (advanced anti-fraud protection): €0.06 per protected transaction (on request).

1.3. Settlement options Allow the Client to receive funds in reduced instalments according to liquidity needs:

  • Accelerated settlement (Sales Day Payout): 0.06% for payments available on T+0.

1.4. Currency exchange and transfer services Additional operations when the Customer or its customers operate in different currencies or request rapid transfers. This point does not apply if the Customer charges in their local currency and transfers the exchange to the guest, which is the default operation of the platform:

  • Currency conversion (FX): up to 1.80% of the converted amount.
  • Immediate transfers to external accounts: €0.10 for each transfer executed.
  • International urgent transfers: up to €15.00 per transaction.

1.5. Physical terminals and external reconciliation Costs arising from the use of physical devices or integration with external acquirers:

  • Monthly replacement per physical handset (if used): €5.40 per handset (Verifone E285 model).
  • Reconciliation and management service with external acquirer: 0.20% of the amount managed.

1.6. Dynamic Currency Conversion (DCC) This service allows customers to be displayed and charged in their own currency:

  • Markup DCC: 0,90 % shared on converted transaction. Dynamic Currency Conversion (DCC)
  • Markup DCC: 0,90 % shared on converted transaction.

1.7. Tokenisation of the card without payment (transactions at €0): €0.04 per transaction.

1.8. Overdraft fees:
In the event of a chargeback and there is insufficient balance in the establishment’s account to cover this amount, an overdraft will be generated in favour of Avirato Payments.

For this purpose, the following conditions shall apply:

Overdraft fee: A fee equivalent to 4.5% of the amount of the overdraft will be applied, with a minimum of €9 per transaction.

Late payment interest: Annual interest of 7.5% will accrue on the outstanding balance, calculated proportionally for the number of days the debt remains unsettled.

Commission for claiming debit positions: If the overdraft has not been regularised within 10 calendar days, a fixed commission of €30 will be applied for administrative management and claiming.

These fees are intended to cover the costs associated with the management of the non-payment and will be invoiced automatically to the establishment concerned. Avirato Payments S.L. reserves the right to temporarily suspend the service in the event of overdrafts not dealt with within the indicated period.

All the above amounts will be invoiced monthly and may be automatically deducted from the payments to be transferred to the Client. The list of services and fees may be updated by prior notice from Avirato Payments S.L., in accordance with the provisions of this contract. The KYC costs and the fixed cost per transaction do not include VAT.

2. AUTHORISATION

The Client authorises Avirato Payments S.L. to:

  • Process payments on your behalf.
  • Issuing charges to end customers.
  • Manage the net settlement to the bank account designated by the Client.

3. OBLIGATIONS OF THE CUSTOMER

  • Provide accurate legal and tax documentation.
  • Comply with AML/CFT, PSD2 and consumer protection regulations.
  • Not to use the services for fraudulent, illegal or risky activities.
  • Assume the commissions arising from chargebacks and claims.

4. OBLIGATIONS OF AVIRATO PAYMENTS S.L.

  • Process payments in compliance with PCI-DSS security standards and the European PSD2 regulation.
  • Settle within the agreed timeframe. The maximum time in which the money will be accessible by the Client is two working days (t+2) from the authorisation of the transaction.
  • Notify the Customer of any changes to the pricing structure or relevant incidents.

5. RESPONSIBILITY

Avirato Payments S.L. shall not be liable for:

  • Indirect damage, loss of income or reputation.
  • Refusals, returns or chargebacks not attributable to direct negligence.
  • Errors in the Client’s operations or booking system.

7. DATA PROTECTION

Both parties will comply with the General Data Protection Regulation (GDPR). Avirato Payments S.L. will act as data processor with respect to the data necessary for the execution of the service, solely for the purpose of correctly providing the contracted services.

8. APPLICABLE LAW AND JURISDICTION

This contract shall be governed by Spanish law. The parties expressly submit to the Courts and Tribunals of the city of Madrid, waiving any other jurisdiction to which they may be entitled.

9. VERIFICATION AND COMPLIANCE (KYC/AML)

The Client accepts that Avirato Payments S.L. may at any time request additional documentation to verify their identity, bank ownership and/or economic activity, in compliance with the laws on the prevention of money laundering and the financing of terrorism. Avirato Payments S.L. reserves the right to temporarily suspend or block payments if the Client does not provide the requested information within a reasonable period of time.

10. CONTRACTUAL AMENDMENTS

Avirato Payments S.L. may modify the terms and conditions of this contract by giving the Client at least 30 days’ notice of the changes. If the Client does not expressly object in writing before the aforementioned deadline, it will be understood that he/she accepts the new conditions.

11. PREVENTIVE WITHHOLDING OF FUNDS

Avirato Payments S.L. may temporarily withhold part of the funds pending settlement when:

  • There is a high volume of chargebacks, chargebacks, returns or unusual activity.
  • Reasonable indications of fraud or non-compliance with applicable regulations are detected.
  • There is a legal obligation or a request from a competent authority.

Such retention shall not exceed a maximum period of 90 calendar days, except for legal or judicial reasons requiring a longer period.

12. LIMITATIONS ON THE USE OF THE SERVICE

The Client undertakes not to use the services of Avirato Payments S.L. for restricted activities such as unlicensed gambling, cryptocurrencies, weapons, illegal drugs or any other service that contravenes current legislation or the internal policies of the intermediary financial institution.

Avirato SL is not a financial institution, bank, payment institution or money service business. We act as a provider of the Avirato Payments Platform Services and a technology enabler of Avirato Payments, as defined in this document.