PART 2Unfair terms
What are the general rules about fairness of contract terms and notices?
I164Exclusion from assessment of fairness
1
A term of a consumer contract may not be assessed for fairness under section 62 to the extent that—
a
it specifies the main subject matter of the contract, or
b
the assessment is of the appropriateness of the price payable under the contract by comparison with the goods, digital content or services supplied under it.
2
Subsection (1) excludes a term from an assessment under section 62 only if it is transparent and prominent.
3
A term is transparent for the purposes of this Part if it is expressed in plain and intelligible language and (in the case of a written term) is legible.
4
A term is prominent for the purposes of this section if it is brought to the consumer's attention in such a way that an average consumer would be aware of the term.
5
In subsection (4) “average consumer” means a consumer who is reasonably well-informed, observant and circumspect.
6
This section does not apply to a term of a contract listed in Part 1 of Schedule 2.