BAKGRUNN (fra Kommisjonens faktaark, engelsk utgave)

This Directive does not apply to contractual terms reflecting:

• mandatory provisions or regulations;
• provisions arising from international agreements to which the Member States or the Community are signatories.

A non-negotiated term is unfair when it establishes a significant imbalance, to the consumer's detriment, between the rights and obligations of the contracting parties.

A list of terms which may be deemed unfair is annexed to the Directive.

Assessing the unfair nature of a contractual term takes into account:

• the nature of the goods or services covered by the contract;
• the circumstances surrounding the drawing up of the contract;
• the other terms in the contract or in another contract to which it relates.

Neither the definition of the main aim of the contract nor the relationship between the price and the service or goods to be provided may be taken into account in assessing the unfair nature of clearly worded contractual terms.

Where there is doubt as to the meaning of a term, the interpretation most favourable to the consumer will prevail.

Consumers are not bound by unfair terms in a contract signed with a professional.

The Member States are to implement the appropriate measures to end the use of unfair terms.