Wanted: a bigger stick. On unfair terms in consumer contracts with online service providers
Loos, M; Luzak, Joasia
Date: 20 October 2015
Journal
Journal of Consumer Policy
Publisher
Springer Verlag (Germany)
Publisher DOI
Abstract
The Unfair Contract Terms Directive offers consumers protection from pre-formulated imbalanced contract terms. While the standard terms and conditions of online service providers have previously been accused of harming clients of such online services, a comprehensive analysis of the potential unfair character of such terms and conditions ...
The Unfair Contract Terms Directive offers consumers protection from pre-formulated imbalanced contract terms. While the standard terms and conditions of online service providers have previously been accused of harming clients of such online services, a comprehensive analysis of the potential unfair character of such terms and conditions in line with the interpretation of the Directive supplied by the CJEU has not yet been provided. This paper aims to fill in this gap in the academic literature. It identifies several types of contractual terms used by international online service providers in their consumer contracts, which are unlikely to pass the Directive’s unfairness test.
Law School
Faculty of Humanities, Arts and Social Sciences
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