Consumers are often faced with contracts whose general terms have been drafted by the other party and cannot be individually negotiated and amended. We are talking about basic service contracts such as those for the supply of electricity, water or gas, telephone and financial services, etc. In such cases, the only option for consumers is to either accept or reject the contract.
But when these terms or clauses result in an imbalance between the consumer and the other party; i.e. they benefit the company while harming the consumer’s rights, they are considered abusive and, more importantly, null and void, and they are therefore not applicable.
The Catalan Consumer Agency rates the following types of clauses as abusive:
- Clauses that link the contract to the company’s wishes
- Clauses that limit consumers’ basic rights
- Clauses that imply a lack of reciprocity
- Clauses that affect the warranty on products or services
- Clauses that affect the execution and performance of the contract
- Clauses that affect competition and the applicable law