unfair_terms 不公平合同条款.pdf

The Unfair Terms in Consumer Contracts Regulations The Unfair Terms in Consumer Contracts Regulations have been in force since 1995. 1 Since then the Office of Fair Trading 2 have considered over 7600 cases of contracts reported to them as being potentially in breach of the regulations. 3 The complaints continue unabated and an adverse finding can have significant effects on a business. On the 2 nd October 2002, the OFT announced that it considered many of My Travel Group plc’s standard terms and conditions in its brochures and booking forms to be unfair and contrary to the interests of consumers. 4 Upon the OFT announcement the shares in My Travel slumped. 5 The OFT finding against My Travel was quickly followed on the 21st October by a similar decision against Thomas Cook and ABTA. 6 On the 28 th February 2003, the Competition Commission announced that it was investigating the market for extended warranties for consumer goods. The Commission expressed concern about the apparent use of unfair contract terms in some of these warranties. 7 The large electrical retailers affected by this investigation appear to be fighting a rearguard action to protect a business that in some cases amounts to around 50% of its profits, Unfair terms in consumer contracts appear to be widespread throughout all sectors of the economy. The author regularly comes across examples on notice boards in car parks, car washes, contained within insurance and financial services documents and within standard terms in sale contracts which undoubtedly breach the regulations. The regulations establish a challenging environment for those who draft consumer contracts to ensure compliance. The also offer an opportunity for those who advise 1 The Unfair Terms in Consumer Contracts Regulations 1999 (S.I. 1999/2083). The current re