(1) Despite Regulation 74, and subject to paragraphs (2) to (5), a payer shall bear the loss relating to unauthorised payment transactions on the payer's account, up to €75 in total, if the transaction results from -
(a) the use of a lost or stolen payment instrument, or
(b) if the payer has failed to keep a payment instrument's personalised security features safe, its misappropriation.
(2) A payer shall bear all the losses relating to an unauthorised payment transaction if he or she incurred them by acting fraudulently or by failing, intentionally or by acting with gross negligence, to fulfil one or more of his or her obligations under Regulation 70.
(3) A payer shall not bear any financial consequences resulting from the use of a lost, stolen or misappropriated payment instrument after giving notice in accordance with Regulation 70(1) (b), unless he or she has acted fraudulently.
(4) If a payment service provider does not provide appropriate means for a payer to give notice at