Unfair Terms in Consumer Contract Regulations 1999

UTCCR 1999 applies to contracts where:

• the seller is acting in the course of business
• the other party is a consumer and
• the terms have not been individually negotiated.

The regulations apply to ALL terms of a contract not just exclusion clauses.

A term is unfair if:

• it is not expressed in plain, intelligible language
• contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations and this is to the detriment of the consumer.

A term is unfair if it allows the seller to alter the terms of the contract unilaterally without a valid reason which is specified in the contract: Sched 3 UTCCR 1999.

If a term is unfair, it is not binding on the consumer, though the rest of the contract can stand.

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