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MasterCard Rules (PDF)

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Europe Region <strong>Rules</strong><br />

3.4 Choice of Laws<br />

The percentage is calculated separately for each Card product, as determined<br />

by the Card product identifier and functionality (for example, POS vs. cash<br />

disbursement).<br />

Intracountry fallback rules remain in effect until changed or challenged. If<br />

intracountry fallback rules are challenged because the Customers agreeing to<br />

them no longer meet the 75 percent threshold, the <strong>Rules</strong> (including the Europe<br />

Region <strong>Rules</strong>) will apply in their place, as from the date when the Corporation<br />

has determined that the 75 percent threshold is no longer met.<br />

Intracountry fallback rules must be non-discriminatory, justifiable and not in<br />

conflict with the <strong>Rules</strong> (including the Europe Region <strong>Rules</strong> and any <strong>Rules</strong><br />

established by the Corporation for Intracountry Transactions). Intracountry<br />

fallback <strong>Rules</strong> must not discriminate against Cardholders (including international<br />

Cardholders) or jeopardize the integrity of the Payment Scheme.<br />

3.1.3.1 Order of Precedence<br />

For any Intracountry Transaction, the intracountry <strong>Rules</strong> established by the<br />

Corporation apply, or if none, the intracountry fallback rules established by<br />

Customers pursuant to the preceding Rule apply, or if none, the intraregional<br />

<strong>Rules</strong> apply, or if none, the interregional <strong>Rules</strong> apply.<br />

3.1.4 Communication of Intracountry Fallback <strong>Rules</strong><br />

3.4 Choice of Laws<br />

Customers that agree to intracountry fallback rules must provide the Corporation<br />

with a copy of such rules as well as with any subsequent changes to those<br />

rules. The Corporation must be notified of intracountry fallback rules well in<br />

advance of their effective dates, unless exceptional circumstances make this<br />

impossible. Exceptional circumstances must be related to events beyond the<br />

control of the Customers, such as a change in laws or regulations, compliance<br />

with which requires immediate action.<br />

Intracountry fallback rules that have not been provided to and acknowledged<br />

by the Corporation are not applicable.<br />

The Corporation will endeavor to publish intracountry fallback rules and<br />

their revisions at least three calendar months prior to their effective dates. If<br />

exceptional circumstances apply, the period will not be less than one calendar<br />

month before the effective date. If necessary, the initially notified effective date<br />

will be delayed to respect these time frames.<br />

Rule 3.4 of Chapter 3, “Customer Obligations,” is replaced in its entirety by<br />

the following:<br />

©1969–2012 <strong>MasterCard</strong>. Proprietary. All rights reserved.<br />

<strong>MasterCard</strong> <strong>Rules</strong> • 12 December 2012 12-7

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