Consumer Rights Act 2022

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Information requirements for off-premises contract for repairs or maintenance

104. (1) This section applies to an off-premises contract where—

(a) the consumer explicitly requests the services of the trader for the purpose of carrying out repairs or maintenance,

(b) the trader and the consumer immediately perform their obligations under the contract, and

(c) the payment to be made by the consumer under the contract does not exceed €200.

(2) Before the consumer is bound by an off-premises contract, the trader shall provide the consumer with the following information:

(a) the main characteristics of the service, to the extent appropriate to the medium and to the service;

(b) the identity of the trader, including the trader’s trading name and legal identity;

(c) if the trader is acting on behalf of another trader, the identity and geographical address of that other trader;

(d) subject to subsection (7), the geographical address at which the trader is established, the trader’s telephone number and email address, and, where applicable, the details of any other means of online communications provided by the trader which guarantee that the consumer can keep any written correspondence with the trader, including its date and time, on a durable medium;

(e) the total price of the service inclusive of taxes or, where the nature of the service is such that the price cannot reasonably be calculated in advance, the manner in which the price is to be calculated;

(f) where a right to cancel the contract exists, the conditions, time limit and procedures for exercising that right in accordance with section 115 ;

(g) where a right to cancel the contract under section 112 does not apply, a statement that the consumer will not benefit from the right to cancel the contract or, where applicable, the circumstances in which the consumer loses that right.

(3) The trader shall provide the consumer with—

(a) the information referred to in section 103 (1)(a) in the copy or confirmation of the contract to be provided by the trader in accordance with section 105 , and

(b) where the right to cancel the contract exists, the model cancellation form set out in Part 2 of Schedule 4.

(4) Where a trader is required to provide the information specified in subsection (2)(f) and clauses (m) to (o) of Schedule 3—

(a) the trader may provide that information by means of the model instructions on the right to cancel set out in Part 1 of Schedule 4 , and

(b) a trader who correctly supplies those instructions shall be deemed to have complied with the duties imposed by subsection (2)(f) and by subsection (3)(a) in respect of clauses (m) to (o) of Schedule 3 .

(5) The information specified in subsection (2)(b) to (e)—

(a) shall be given on paper or, if the consumer agrees, on another durable medium,

(b) shall be legible, and

(c) shall be in plain and intelligible language.

(6) If the consumer expressly agrees, the information referred to in subsection (2)(a), (f) and (g) need not be provided by the trader on paper or another durable medium.

(7) All means of communication provided by the trader under subsection (2)(d) shall enable the consumer to contact the trader quickly and communicate with the trader efficiently.

(8) The information referred to in subsections (2) and (3)(a) forms part of the contract and shall not be altered without the express agreement of the trader and the consumer.

(9) A trader who contravenes subsection (2) or (3) commits an offence.