1st January 1995 |
SIs
The Regulations give effect to Council Directive No. 93/13/EEC on unfair terms in consumer contracts.
The Regulations provide that:
- any term in a contractual agreement with consumers which has not been individually negotiated shall be regarded as 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
- the unfair terms are not binding on the consumer. If the contract is capable of continuing its existence without the unfair term it should continue to bind the parties.
The regulations contain an indicative and non-exhaustive list of the terms which may be regarded as unfair.
The Regulations, as amended in 2000, 2013 and 2014, extend the civil remedies available to consumers and designate the Central Bank of Ireland, the Commission for Communications Regulation and consumer organisations set up for the purpose of protecting consumer rights as “authorised bodies” under the Regulations. The authorised bodies may apply to the Circuit Court or the High Court for a declaration or an injunction for the purposes of enforcing the Regulations.
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