Consumer Rights Act 2022
|
Chapter 3 Consumer remedies in service contracts | ||
|
Remedy for failure to supply service | ||
|
84. (1) Where the trader— | ||
(a) fails to supply the service under a service contract in accordance with section 78 , and | ||
(b) fails to comply with a subsequent request from the consumer to supply the service within an additional period appropriate to the circumstances, | ||
the consumer shall have the right to terminate the service contract. | ||
(2) Subsection (1) shall not apply, and the consumer shall have the right to terminate the service contract immediately (and without making a request referred to in subsection (1)(b)), where— | ||
(a) the trader has declared that the trader will not supply the service or it is clear from the circumstances that the trader will not do so, | ||
(b) the supply of the service in accordance with section 78 is essential, taking into account all the relevant circumstances at the time of the conclusion of the service contract, or | ||
(c) the consumer informed the trader at the time of, or before, the conclusion of the service contract that the supply of the service on or by a specified date was essential for the consumer and the trader fails to supply the service on or by that date. | ||
(3) Where the consumer has the right to terminate the service contract under subsection (1) or (2) and wishes to exercise that right— | ||
(a) the consumer shall exercise that right in accordance with section 88 , and | ||
(b) the trader shall comply with the obligations in section 89 . |