Unfair contract terms guidance

A range of guidance is available including the OFT's view on certain kinds of unfair terms or terms commonly used by particular trade sectors - these can be downloaded below in pdf format, or ordered from our Publications page ('Reports/Unfair contract terms').

Reports on all concluded cases are published in regular bulletins, which can be downloaded or ordered from the Publications page.

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Unfair contract terms guidance (OFT311)
This is the first issue of a comprehensive guide to what the OFT believes to be fair and unfair terms in consumer contracts.

As the total file size for this report is large, it has been split into sections to make downloading it easier.

Introduction (55 kb)
Analysis of unfair terms in Schedule 2 (135 kb)
Analysis of other terms considered potentially unfair (59 kb)
Analysis of terms breaching Regulation 7 (56 kb)
Annexe A: Examples of fair and unfair terms (294 kb)
Annexe B: The Unfair Terms in Consumer Contracts Regulations 1999 (98 kb)
Annexe C: Index of types of term (87 kb)

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Calculating fair default charges in credit card contracts  (203 kb)
A statement of the OFT's position.

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Guidance on unfair terms in holiday caravan agreements  (651 kb)
This guidance explains why we consider some standard contract terms used in holiday caravan agreements to be potentially unfair under the Unfair Terms in Consumer Contracts Regulations 1999.
Download the consultation response (197 kb)

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Guidance on unfair terms in package holiday contracts  (431kb)
Explains why the OFT considers some standard contract terms used in booking conditions for package holidays to be potentially unfair.

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Guidance on unfair terms in consumer entertainment contracts  (290 kb)
This is the OFT's guidance on potentially unfair terms in consumer entertainment contracts. It covers our views on unfair terms in contracts relating to the purchase of tickets for entertainment, the hiring of performers, and leisure activities.

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Guidance on unfair terms in tenancy agreements  (214 kb)
A guide to what the OFT believes to be potentially unfair terms in assured and assured shorthold tenancy agreements.

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Guidance on unfair terms in health and fitness club agreements  (525 kb) 
This sets out what sort of terms in health and fitness club contracts the OFT considers potentially unfair, and gives examples of unfair terms and revised terms.

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Guidance on unfair terms in care home contracts  (214 kb)
This is the first issue of the OFT's guide to potentially unfair terms in agreements made by care homes with older people. This guide is based on a review of a sample of agreements and the OFT's experience of enforcing the Unfair Terms in Consumer Contracts Regulations 1999.

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Unfair standard terms  (59 kb)
An introductory guidance to what the OFT thinks are unfair standard terms.

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Guidance on unfair terms in home improvements contracts  (222 kb)
This is the OFT's guidance on how to avoid unfairness in standard consumer contracts for home improvements.

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Guidance on IT consumer contracts made at a distance  (546 kb)
This is the OFT's guidance on compliance with the Distance Selling and Unfair Terms in Consumer Contracts Regulations.

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Looking up the law

Printed versions of both the UTCCRs themselves and the EU Directive that they implement are sold by the Stationery Office - telephone 0870 600 5522.

Or you can view them here:

Unfair Terms in Consumer Contracts Regulations 1999 reference: SI 1999 No. 2083

Council Directive 93/13/EE (O.J. No. L95, 21.4.93, p29) (pdf 39 kb)

These documents are Crown copyright.

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