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An unfair term is not legally binding on consumers, and enforcers can also take action to stop you using it.
Advice and complaints about unfair terms If you wish to complain about a consumer contract term or notice, please contact Citizens Advice in the first instance. The Competition and Markets Authority (CMA) welcomes information but does not provide individual advice or respond in detail to complaints.
The test of fairness A standard term is unfair 'if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer'? Regulation 5(1). Unfair terms are not enforceable against the consumer.
If a party with more power can raise prices without considering the rights of the weaker party (known as a unilateral price increase), that could be an unfair contract term. For example, a service provider increases the price of the services without giving the customer any prior notice.
The law sets out examples of terms that may be unfair, including: terms that allow one party (but not the other) to avoid or limit their responsibilities under the contract. terms that allow one party (but not the other) to end the contract.