Consumer Rights Act 2022
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Consumer contract terms that are always unfair | ||
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132. (1) Subject to subsections (2) and (3), a term of a consumer contract shall always be unfair if its object or effect is— | ||
(a) to exclude or limit the liability of a trader for the death of or personal injury to a consumer arising from an act or omission of the trader, | ||
(b) to require a consumer to pay for goods that have not been delivered or digital content, a digital service or a service that has not been supplied, | ||
(c) to impose on a consumer a burden of proof that, according to the applicable law, would otherwise be on a trader, | ||
(d) to exclude or hinder a consumer’s right to take legal action or exercise a legal remedy, including by requiring the consumer to take a dispute to an arbitration procedure that is not governed by law, | ||
(e) to require a consumer to bear his or her own costs in respect of any arbitration, | ||
(f) to give a trader the exclusive right to determine whether goods are, or digital content, a digital service or a service is, in conformity with the contract, | ||
(g) to give a trader the exclusive right to interpret any term of the contract, | ||
(h) to grant the trader a shorter notice period to terminate the contract than the notice period required of the consumer, or | ||
(i) to confer exclusive jurisdiction for disputes arising under the contract on a court in the place where a trader is domiciled unless the consumer is also domiciled in that place. | ||
(2) Subsection (1)(a) does not apply— | ||
(a) to a consumer contract in so far as it is a contract of insurance, including a contract to pay an annuity on human life, or | ||
(b) to a consumer contract so far as it relates to the creation or transfer of an interest in land. | ||
(3) Subsection (1)(a) does not apply to the liability of an occupier of premises to a person who obtains access to the premises for recreational purposes if— | ||
(a) the person suffers loss or damage because of the dangerous state of the premises, and | ||
(b) allowing the person access for recreational purposes does not relate to the occupier’s trade, business, craft or profession. | ||
(4) Subsection (1)(a) does not affect the validity of any discharge or indemnity given by a person in consideration of the receipt by that person of compensation in settlement of any claim that the person has. | ||
(5) For the purposes of subsection (1)(a), a consumer shall not be deemed to have voluntarily accepted any risk merely because he or she agreed to or knew about a term of a consumer contract that purported to exclude the trader’s liability for death or personal injury. | ||
(6) In this section, “personal injury” has the same meaning as it has in the Civil Liability Act 1961 . |