Unfair contract terms

Unfair contract terms are often included in contracts when the vendor wants to impose himself on the consumer. Contract terms are defined unfair when they cause a remarkable unbalance between vendor and consumer in terms of rights and obligations deriving from the contract itself, always in favour of the vendor.

According to the Italian law, all terms must be explicitly approved and confirmed in writing, considering the disadvantage of consumers. It is strongly recommended to pay particular attention in signing a contract, specially when more than one signature is required and when some terms are printed in very small, almost unreadable characters.

A European Directive indicates 20 different types of unfair contract terms that can be judged as inoperative even if subscribed by the consumer in the contract. In such cases, the clauses are valid until a judge declares differently, and, in any case, the contract remains valid.

Unfair terms are, for example, the ones stating that, in case of a legal dispute, the judging court will be a court that is not the consumer’s one (since this would discourage consumers from suing the vendor).

Therefore, all contract terms must always be clearly written and comprehensible for the consumer, and in case of any doubt the interpretation will necessarily have to be in favour of the consumer.