Consumer Rights Act 2022
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Right to proportionate reduction in price or termination of service contract | ||
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86. (1) This section applies where— | ||
(a) the trader does not have the necessary skill to supply the service under a service contract, | ||
(b) as specified in section 85 (2), it is impossible to bring the service into conformity with the service contract, | ||
(c) the trader has declared, or it is clear from the circumstances, that the trader will not bring a service into conformity with the service contract within a reasonable time, or without significant inconvenience to the consumer, | ||
(d) the trader fails to remedy a lack of conformity with a service contract within a reasonable time, without significant inconvenience to the consumer, or free of charge, | ||
(e) the same or a different lack of conformity appears despite the trader’s attempt to bring the service into conformity with the service contract, | ||
(f) the lack of conformity of a service with the service contract is of such a serious nature as to justify— | ||
(i) an immediate proportionate reduction in the price, or | ||
(ii) the termination of the service contract, | ||
or | ||
(g) the service under a service contract is unsafe or any goods produced by, or resulting from, the service or any materials used in the service are unsafe. | ||
(2) Subject to subsections (3) and (5), where any of the circumstances specified in subsection (1) apply, the consumer shall have the right— | ||
(a) to a proportionate reduction in the price in accordance with section 87 , or | ||
(b) to terminate the contract in accordance with section 88 . | ||
(3) Where subsection (1)(e) applies, the question of whether the consumer has the right to a remedy referred to in subsection (2) or shall be required to accept a further attempt (or attempts) by the trader to bring the service into conformity with the service contract shall be objectively determined by having regard to all the circumstances, including in particular— | ||
(a) the type and value of the service, | ||
(b) the nature and significance of the lack of conformity with the service contract, and | ||
(c) whether the consumer can reasonably be expected to maintain confidence in the ability of the trader to bring the service into conformity, in particular where the same lack of conformity appears more than once. | ||
(4) In objectively determining for the purpose of subsection (1)(f) whether the lack of conformity of the service with the service contract is of such a serious nature as to justify an immediate proportionate reduction in the price or the termination of the service contract, regard shall be had to the nature and severity of the lack of conformity, including in particular whether the lack is such that— | ||
(a) the consumer cannot reasonably be expected to maintain confidence in the ability of the trader to bring the service into conformity with the service contract, and | ||
(b) the ability of the consumer to make normal use of the service, or of any goods or digital content produced by or resulting from the service, is severely affected and the consumer cannot reasonably be expected to trust that this would be remedied by the trader. | ||
(5) The consumer shall have the right to terminate the service contract under subsection (2) only if the lack of conformity with the service contract is not minor. | ||
(6) In case of dispute, it shall be for the trader to show that the lack of conformity of the service with the service contract is minor. |