Consumer Rights Act 2022
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Exclusion from assessment for unfairness | ||
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131. (1) Subject to subsections (2) to (4), a term of a consumer contract shall not be assessed for unfairness under section 130 to the extent that— | ||
(a) it specifies the main subject matter of the contract and lays down the essential obligations under it, or | ||
(b) it relates to the adequacy of the price or remuneration payable under the contract as against the goods, digital content, digital service, service or other subject matter of the contract supplied in exchange for such price or remuneration. | ||
(2) A term of a consumer contract is excluded from assessment for unfairness under section 130 only if it is transparent in accordance with section 134 . | ||
(3) The reference in subsection (1)(b) to the price or remuneration payable under the contract does not include— | ||
(a) a payment that is incidental or ancillary to the price or remuneration payable under the contract for the goods, digital content, digital service, service or other subject matter of the contract supplied in exchange for such price or remuneration, or | ||
(b) a payment that is contingent on whether a particular event occurs or not. | ||
(4) Subsection (1) does not apply to a term of a consumer contract that is presumed to be unfair under section 133 (1). |