Terms and Conditions
BOA EUROSERVICES is a Spanish hybrid payment institution belonging to the Bank of Africa, BMCE Group. BOA EUROSERVICES has its registered office at Calle Príncipe de Vergara, 109, 7ª derecha (Madrid). The company has tax identification number (NIF) A86445244 and is registered in the Commercial Registry of Madrid in Volume 30.060, Folio 210, Sheet M-541.061, Entry 1.
BOA EUROSERVICES is an entity authorised by the Bank of Spain, in accordance with the provisions of the regulations on payment services, to offer the payment service of money transfers provided for in Article 1.2(f) of Royal Decree-Law 19/2018 of 23 November, on payment services and other urgent measures in financial matters.
BOA EUROSERVICES is registered in the register of payment institutions of the Bank of Spain under code 6852.
The activities of BOA EUROSERVICES are supervised by the Bank of Spain and by the Executive Service of the Commission for the Prevention of Money Laundering and Monetary Offences.
GENERAL CONDITIONS APPLICABLE TO MONEY TRANSFERS
1) Customer acceptance policy of BOA EuroServices
Only natural persons domiciled in Spain with full legal capacity may be customers. The beneficiaries of money transfers may only be natural persons established in the country in which the parent company of Bank of Africa BMCE GROUP is established. In order to be able to carry out transactions with BOA EUROSERVICES, the natural person must be registered as a customer with BOA EUROSERVICES.
To register, potential customers must contact BOA EUROSERVICES and:
a) Complete and sign the Customer Form, providing the information requested by BOA EUROSERVICES. The information required in the Customer Form is mandatory by law, in particular due to the obligations relating to the fight against money laundering and the financing of terrorism applicable to BOA EUROSERVICES in Spain. If necessary, additional information may be requested to ensure that future money transfer orders are correctly executed to the beneficiaries previously designated by the customer. If the customer wishes to register through the application (Daba Transfer) for mobile phones or tablets (“Application”) expressly referred to in Article 9, he/she must accept these general conditions and digitally sign the Customer Form, in accordance with the procedure established for this purpose by BOA EUROSERVICES.
b) Present the original of his/her official identity document (national identity document or European passport, Spanish residence permit and, where applicable, its receipt), a copy of which will be kept by BOA EUROSERVICES. The identity document must be valid.
c) Provide proof of address dated less than three months earlier (electricity, water, gas or landline telephone bill, rental contract, home insurance certificate or proof of accommodation, accompanied by the identity document of the host). BOA EuroServices reserves the right to request additional documents.
d) The customer must inform BOA EUROSERVICES as soon as possible of any change in his/her situation (change of address, change of job, etc.), providing the relevant evidence to update his/her file.
If, during the relationship, changes occur in the customer’s situation and he/she is asked to justify them, BOA EUROSERVICES reserves the right to block the customer’s transactions until the supporting documents are provided. If the customer does not provide the required documents, BOA EUROSERVICES may terminate the business relationship.
All documents submitted by the customer must always be valid, usable and consistent with the situation declared by the customer.
2) Issuance of a money transfer order
2.1) Payment to BOA EUROSERVICES of the amount of money transfer orders.
The customer may pay the amount of his/her money transfer orders to BOA EUROSERVICES using one of the following means:
a) Bank transfer from his/her bank account.
b) Direct debit.
c) Debit to a credit card via the DABA TRANSFER mobile application.
The bank accounts used by the customer for this purpose must be opened with banks located in the European Union.
Cash will not be accepted at the BOA EUROSERVICES premises.
2.2) Information that the customer must provide to BOA EUROSERVICES to issue a money transfer order.
a) Information and documents relating to the customer: first name, surname(s), place and date of birth, number of the valid identity document, address and telephone number.
BOA EUROSERVICES reserves the right to request additional supporting documents from the customer.
b) Data of the beneficiary or beneficiaries: first name, surname(s), address, town/city, destination country and account number.
If the beneficiary changes or his/her account is closed, the customer will inform BOA EuroServices as soon as possible.
c) Information relating to the business relationship: main reason for the money transfer.
d) Information on the origin of the funds: profession, income, etc.
e) Information relating to the bank details of the customer’s account domiciled in the European Union.
BOA EUROSERVICES will not be liable for the defective execution or non-execution of a money transfer when any of the data provided by the customer regarding the beneficiary are incorrect.
2.3) Means of providing the information required to issue money transfer orders.
Customers may provide the information required to issue money transfer orders when registering, by completing and signing the Customer Form.
The money transfer orders to the beneficiaries will correspond to the amounts previously transferred or deposited in the BOA EUROSERVICES bank account, once the commission has been deducted.
3) Commissions related to the money transfer service
The customer will pay BOA EUROSERVICES only a commission for the money transfer service, the amount of which can be consulted on the notice board in each BOA EUROSERVICES branch, on the website www.boa-euroservices.com and in the DABA TRANSFER Application.
If a direct debit is rejected by a debit to the customer’s bank account, a rejection fee will be charged.
4) Exchange rate applied
Since the official exchange rate between the euro and the dirham varies, even during the course of the day, BOA EUROSERVICES will determine the exact exchange rate to be applied to the transfer order of the transaction.
A final rate cannot be provided before BOA EUROSERVICES makes the transaction in favour of the beneficiary. The exchange rate applicable to the transaction will be that of the day on which the funds are transferred to the beneficiary’s account.
In any case, the customer may contact BOA EUROSERVICES by telephone to request information on the day’s rate. The exchange rates used for the conversion will be indicated in the statement that will be made available to the customer on the website: www.boa-euroservices.com and, where appropriate, in the DABA TRANSFER Application.
5) Authorisation by the customer and receipt by BOA EUROSERVICES of the money transfer order
Money transfer orders will be deemed to have been authorised by the customer when he/she has given, or is deemed to have given, his/her consent to their execution. The time at which this consent is considered valid will depend on the means used by the customer to pay the amount of the money transfer order to BOA EUROSERVICES.
a) If a bank transfer is made from the customer’s bank account, consent will be deemed to have been validly given when BOA EUROSERVICES receives the funds.
b) In the case of direct debits from the customer’s bank account, consent will be deemed to have been validly given when the customer completes and signs a “money transfer order by direct debit and SEPA direct debit mandate”.
c) In the case of a transaction involving a debit to a bank card via the BOA EUROSERVICES mobile application, consent will be deemed to have been validly given when the customer has entered the security identifiers required by the issuer of the bank card integrated in the application.
BOA EUROSERVICES executes the payment transaction in favour of the designated beneficiary within the time limit established in section 6. The customer may not revoke a money transfer order once it has been received by BOA EUROSERVICES, unless BOA EUROSERVICES expressly accepts such revocation.
BOA EUROSERVICES may refuse to execute a money transfer order. Unless prohibited by law, BOA EUROSERVICES will inform the customer, at his/her request, of the reasons for this refusal.
6) Maximum time limit for execution of the money transfer transaction
From the time of crediting to the BOA EUROSERVICES account, the execution time of BOA EUROSERVICES for transfers and TPE is D+1 business day and D+10 for direct debits.
The above time limits apply unless the transaction is blocked, either due to a legal obligation or due to the existence of an error in the information provided by the customer that is in the process of being corrected, without prejudice to delays beyond the control of BOA EUROSERVICES.
BOA EUROSERVICES reserves the right to request additional information and supporting documents.
Until the transaction is completed, the funds will be held in the BOA EUROSERVICES account dedicated to operations on behalf of its customers or, failing that, will be deposited in an escrow account.
7) Payment transactions not executed or executed incorrectly
BOA EUROSERVICES is liable to the customer for the correct execution of the money transfer order received from him/her, until the funds have been transferred to the beneficiary.
If a money transfer order is executed incorrectly or is not completed, the customer must inform BOA EUROSERVICES as soon as he/she becomes aware of the problem, to allow BOA EUROSERVICES to rectify any error to the extent possible.
If it is impossible to rectify an error:
If it is attributable to BOA EUROSERVICES, it will reimburse the customer the amount of the money transfer order.
If it is attributable to the customer, he/she will be responsible for the losses caused.
If the error is attributable to a third party involved in the transaction, BOA EUROSERVICES will contact that third party to request that the error be rectified as soon as possible.
8) Information for the customer after BOA EUROSERVICES has received the money transfer order
Once the money transfer order has been executed, BOA EUROSERVICES will make a summary of this transaction available to the customer on the website www.BOA EUROSERVICESuroservices-direct.com, which will contain the information detailed below. To view and print this document, the customer must enter the personal code that was communicated to him/her when the account was created:
first name and surname(s) of the customer;
number of his/her identity document;
first name and surname(s) of the beneficiary;
method of payment to the beneficiary (amount credited to the bank account);
indication of the type of transaction: “money transfer”;
internal reference number assigned to the transaction;
amount of the transaction in the currency used in the payment order;
commission applied to the transaction;
exchange rate applied; (must appear)
date on which BOA EUROSERVICES received the payment order issued by the customer;
access to his/her transaction history is limited to 180 days.
9) BOA EUROSERVICES mobile application for mobile phones or tablets: DABA TRANSFER
BOA EUROSERVICES makes available to the customer an application for tablets or mobile phones, through which customers can:
issue a money transfer order by bank card as indicated in section 5(c);
simulate money transfer transactions;
add beneficiaries.
9.1) Identification
To log in to his/her private area in the application, the customer must enter his/her e-mail address and password.
The customer undertakes to maintain the confidentiality of his/her login details and not to disclose them to third parties. Otherwise, he/she will be solely responsible for any consequences.
The customer is solely responsible for the use of the information or documents available in the application and will assume all consequences arising from such use, without any liability being attributable to BOA EUROSERVICES.
9.2) Access to the application
The application is accessible 24 hours a day, 7 days a week, except in cases of force majeure or events beyond the control of BOA EUROSERVICES, as well as in the event of breakdowns or maintenance operations necessary for its proper functioning.
BOA EUROSERVICES reserves the right to interrupt the application, in whole or in part, at any time and without prior notice.
BOA EUROSERVICES accepts no responsibility for the unavailability of the application or the use of the services when such circumstances are due to causes beyond BOA EUROSERVICES.
9.3) Limitation of liability
The customer declares that he/she accepts the characteristics and any anomalies that may limit the proper functioning of the mobile application. BOA EUROSERVICES cannot be held liable for any reason, and without this enumeration being exhaustive, in the event of modification, suspension or interruption.
BOA EUROSERVICES cannot be held liable in the event of interruption of the networks providing access to the application, total or partial unavailability of the application resulting in particular from the telecommunications operator, transmission errors or problems relating to the security of transmissions or failure of the receiving equipment or of the user’s telephone line.
10) Communication
The customer agrees to communicate with BOA EUROSERVICES in general by e-mail and by postal mail. This does not affect his/her right to communicate with BOA EUROSERVICES through other means of communication. The customer is also informed of the procedure for secure notification in cases of suspected fraud, actual fraud or threats to security.
11) Professional secrecy
BOA EUROSERVICES is subject to professional secrecy. However, this duty of confidentiality may be waived in all cases where required by law, in particular before supervisory authorities, tax or customs authorities, or judicial authorities acting within the framework of criminal proceedings.
In addition, the customer authorises BOA EUROSERVICES to communicate relevant information concerning him/her to any company in the group to which it belongs, as well as to external companies for the provision of services subcontracted by BOA EUROSERVICES, with BOA EUROSERVICES taking all measures to ensure the confidentiality of the information transmitted.
12) Customer complaints procedure
BOA EUROSERVICES has an internal service (SAC) responsible for receiving and resolving complaints and claims submitted by the entity’s customers. The contact details of the Customer Service are as follows:
BOA EUROSERVICES
Calle Príncipe de Vergara, 109, 7ª derecha (Madrid)
E-mail: servicioatencionalcliente@bmce-euroservices.com
If the customer considers that the response to his/her complaint is not satisfactory, he/she may lodge an appeal with the Bank of Spain, Market Conduct Department, c/ Alcalá, nº 48, 28014 Madrid.
The procedure for resolving complaints and claims is described in the Customer Service Regulations (SAC), which are available to all customers at BOA EUROSERVICES branches and online within the DABA TRANSFER application.
13) Management of customer incidents
BOA EUROSERVICES has an internal department responsible for responding to and resolving fraud reports submitted directly by the entity’s customers. The contact details of the department are as follows:
BOA EUROSERVICES
Calle Príncipe de Vergara, 109, 7ª derecha (Madrid),
E-mail: incidents@boa-euroservices.com
14) Termination of the business relationship
These conditions are valid for an indefinite period. The customer may request termination of the business relationship at any time by written notice. BOA EUROSERVICES reserves the right to terminate the business relationship at its sole discretion, subject to two months’ prior written notice.
BOA EUROSERVICES will not be obliged to comply with this notice period in the event of non-compliance with regulatory obligations or in the event of seriously objectionable behaviour attributable to the customer. The business relationship also ends without prior notice on the day on which BOA EUROSERVICES is notified of the customer’s death by an official document.
15) Protection of personal data
The protection of privacy is very important for BOA EuroServices. The BOA EuroServices privacy policy, which is attached to these general conditions, sets out the conditions under which personal data will be used and the rights that are granted. This privacy policy relates to natural persons and is intended to explain how BOA EuroServices collects, uses and stores the personal data of its customers or potential customers, as well as their rights regarding their personal data. The processing of your data is subject to compliance with European Regulation 2016/679 of 27 April 2016 on data protection, known as the “GDPR”, or any other legislative or regulatory act that may amend it.
OTHER INFORMATION
1) Definitions:
a) Business day: a business day is considered to be a day on which payment institutions are open to the public in Spain and in the country of destination of the funds throughout the day and can carry out international money transfer transactions.
b) Money transfer service: a payment service that enables funds to be received from a customer by opening a payment account in his/her name for the sole purpose of transferring an equivalent amount to a predefined beneficiary.
c) Customer: user of payment services. The customer has the status of consumer, that is, a natural person of legal age who participates in payment transactions.
2) Communication to the customer of the information contained in this document
This document will be delivered in paper or electronic format to the customer at the time of registering as a customer and will be available for consultation at any time on the notice board of all BOA EUROSERVICES branches and in the application. BOA EUROSERVICES will provide the customer with all the information required by law at his/her request.
BOA EUROSERVICES reserves the right to amend these conditions at any time and will ensure that all versions are available at the branches, on the website https://www.boa-euroservices.com/ and in the application.
In the event of disagreement with the amendments made to the general conditions, the customer has the right to request termination of this contract by notifying BOA EUROSERVICES in writing.
3) Safeguard measures
BOA EUROSERVICES guarantees the safeguarding of funds received from Customers for the execution of money transfer orders in accordance with the measures provided for in Art. 21 of Royal Decree-Law 19/2018 of 23 November on payment services and other urgent financial measures. To this end, these funds will not, at any time, be mixed with those of any other natural or legal person who is not a Customer of BOA EUROSERVICES. Likewise, if, at the end of the business day following the day on which BOA EUROSERVICES received the funds from the Customer, said funds have not been paid to the beneficiary or, where appropriate, transferred to the correspondent, they will be deposited in one of BOA EUROSERVICES’ segregated bank accounts specifically intended to receive deposits corresponding to transactions pending payment.
4) Applicable regulations
The provision of the money transfer service by BOA EUROSERVICES is governed by these general conditions and, in matters not provided for herein, by the rules contained in Royal Decree-Law 19/2018 of 23 November on payment services and other urgent financial measures; Royal Decree 736/2019 of 20 December 2019, on the legal regime for payment services and payment institutions; Order ECE/1263/2019 of 26 December 2019 on transparency of conditions and information requirements applicable to payment services and amending Order ECO/734/2004 of 11 March 2004 on customer service departments and services and the customer ombudsman of financial entities, and Order EHA/2899/2011 of 28 October 2011 on transparency and protection of customers of banking services, and the supplementary regulations on payment services, in particular on transparency and the resolution of complaints and claims, as well as the rest of the applicable Spanish regulations.
In application of the legislation on the prevention of the use of the financial system for the laundering of money and the financing of terrorism, BOA EUROSERVICES is obliged to request from its Customers any information and documentation necessary to comply with the obligations imposed by said legislation.
In this regard, BOA EUROSERVICES verifies the identity and address of new Customers before establishing a business relationship, by any appropriate and lawful means. In addition, BOA EUROSERVICES collects information on the purpose and nature of the contractual relationship, as well as any other information it considers useful to ensure proper knowledge of its Customers, in particular information on their income and assets. During the course of the business relationship, and in order to ensure the consistency of the monitoring system, BOA EUROSERVICES may request additional information from the Customer and update it, if necessary, by providing proof of identity or any other identification element.
BOA EUROSERVICES continuously monitors the operations of its Customers, carefully supervising the transactions carried out and ensuring that they are consistent with the updated information it has about them.
BOA EUROSERVICES carefully analyses all transactions carried out under unusual conditions, in particular with regard to the method, amount or atypical nature of such transactions in comparison with previous transactions. To this end, it collects all relevant information from the Customer. The Customer undertakes to cooperate by immediately responding to any request received for this purpose and providing all supporting information requested by BOA EUROSERVICES, where appropriate.
5) In the event of a dispute relating to the interpretation or performance of these general conditions, the Spanish courts shall have jurisdiction.
6) Spanish will be used throughout the entire business relationship between BOA EUROSERVICES and the customer.