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Additional payments
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123. (1) Before a consumer is bound by a contract or an offer, the trader shall seek the consumer’s express consent to any payment additional to the payment or other consideration agreed for the trader’s main obligation under the contract.
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(2) There is no express consent by the consumer under subsection (1) if that consent is inferred from the use of a default option which the consumer is required to reject in order to avoid the additional payment.
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(3) Where a trader receives a payment from a consumer that contravenes subsection (1), the trader shall reimburse the consumer for the payment.
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(4) Any provision of a contract which requires the consumer to make a payment that contravenes subsection (1) is unenforceable.
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(5) A trader who contravenes subsection (1) or (3) commits an offence.
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(6) If a trader fails to comply with the obligation to reimburse the consumer in accordance with subsection (3), the trader shall be liable in damages for any loss or damage suffered by the consumer as a result of that failure.
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(7) In case of dispute, it is for the trader to show that—
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(a) the trader sought the consumer’s express consent to any payment additional to that agreed for the trader’s main obligation under the contract, and
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(b) consent was not inferred from the use of a default option which the consumer was required to reject in order to avoid the additional payment.
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