Banco Santander Spain - Non-Resident Account (EUR)

Hazzanet

https://forums.moneysavingexpert.com/discussion/comment/82138025#Comment_82138025

This is the same text as I was presented with at the time. This wasn't my transaction but same screen I had.

(Also I work in the payments industry)

eskbanker

https://forums.moneysavingexpert.com/discussion/comment/82138025#Comment_82138025

Probably best to stop digging - Denmark does permit surcharging specifically for non-EU/EEA cards (not for all cards), as covered in previous threads on here and widely elsewhere, and I believe that Finland is the same:

https://forums.moneysavingexpert.com/discussion/comment/81646669#Comment_81646669

https://forums.moneysavingexpert.com/discussion/6666711/fees-using-uk-cards-in-denmark

Sam_666

https://forums.moneysavingexpert.com/discussion/comment/82138904#Comment_82138904

But that is what I have been saying. They are allowed to surcharge ANY card they like. They CANT charge or force you to use their own exchange rate. This is unique to few countries I listed.
Not long ago, some UK firms used to do same to ANY CC, even one issued in UK. UK Gov dep were worst.

Hazzanet

https://forums.moneysavingexpert.com/discussion/comment/82139219#Comment_82139219

Again, I'm afraid you are incorrect.

The merchant cannot pass their interchange fees onto a consumer if the card is an EU issued card. These surcharges were banned in 2018 when PSD 2 took effect. You can surcharge if it's a non-EU card or a "business" credit card.

PSD2 was incorporated into UK law, which is why you saw the changes at HMRC and government departments, and stupidity such as needing an Electron Card to pay without surcharge at Ryanair.

See: https://www.bbc.co.uk/news/business-40655333

And: https://www.ecb.europa.eu/press/intro/mip-online/2018/html/1803_revisedpsd.en.html

No surcharges on payments covered by the Interchange Fee Regulation

The PSD2 prohibits merchants from charging consumers additional fees for specified payment methods. The surcharge ban applies where the consumer’s bank or card issuer and the payment service provider of the merchant are both located in the European Economic Area (EEA) and the consumer makes a payment either using a debit or credit card, or by direct debit or credit transfer. Even when the surcharge ban does not apply, the amount of any surcharge imposed cannot exceed the cost incurred by the merchant in accepting the particular payment method.

The charge I have illustrated has arisen as a result of the UK leaving the EU; specifically the "The surcharge ban applies where the consumer’s bank or card issuer and the payment service provider of the merchant are both located in the European Economic Area (EEA)" no longer applies so they are permitted to charge that surcharge.

Which goes back to the initial point of this post; having a Santander ES account with a Spanish issued Debit card meets the "The surcharge ban applies where the consumer’s bank or card issuer and the payment service provider of the merchant are both located in the European Economic Area (EEA)" criteria of the PSD2 ban and thus the charge cannot be applied.