Consumer Services Remedies
Consumer Rights Act 2022
Chapter 3
Consumer remedies in service contracts
Remedy for failure to supply service
84. (1) Where the trader—
(a) fails to supply the service under a service contract in accordance with section 78 , and
(b) fails to comply with a subsequent request from the consumer to supply the service within an additional period appropriate to the circumstances,
the consumer shall have the right to terminate the service contract.
(2) Subsection (1) shall not apply, and the consumer shall have the right to terminate the service contract immediately (and without making a request referred to in subsection (1)(b)), where—
(a) the trader has declared that the trader will not supply the service or it is clear from the circumstances that the trader will not do so,
(b) the supply of the service in accordance with section 78 is essential, taking into account all the relevant circumstances at the time of the conclusion of the service contract, or
(c) the consumer informed the trader at the time of, or before, the conclusion of the service contract that the supply of the service on or by a specified date was essential for the consumer and the trader fails to supply the service on or by that date.
(3) Where the consumer has the right to terminate the service contract under subsection (1) or (2) and wishes to exercise that right—
(a) the consumer shall exercise that right in accordance with section 88 , and
(b) the trader shall comply with the obligations in section 89 .
Right to have service brought into conformity with service contract
85. (1) Subject to subsection (2), where a service is not in conformity with the service contract, the consumer shall have the right to have the service brought into conformity with the service contract in accordance with subsection (3).
(2) Subsection (1) shall not apply where it would be impossible to bring the service into conformity with the service contract.
(3) The trader shall ensure that the service is brought into conformity with the service contract—
(a) free of charge,
(b) within a reasonable time after being informed by the consumer of the lack of conformity with the service contract, and
(c) without significant inconvenience to the consumer.
(4) The reasonable time for bringing the service into conformity with the service contract under subsection (3)(a) shall be the shortest possible time necessary for remedying the lack of conformity of the service with the service contract, having regard to—
(a) the nature and complexity of the service,
(b) the nature and severity of the lack of conformity with the service contract, and
(c) the effort needed to bring the service into conformity with the service contract.
(5) In objectively determining what is a significant inconvenience to the consumer for the purposes of subsection (3)(c), regard shall be had to—
(a) the nature of the service,
(b) the purpose for which it is required by the consumer, and
(c) any other relevant circumstances.
(6) Subsection (7) applies where—
(a) bringing a service into conformity with a service contract requires the removal of goods that were installed in a manner consistent with their nature and purpose before the lack of conformity became apparent, or
(b) goods that were installed in a manner consistent with their nature and purpose before the lack of conformity with the service contract became apparent require to be replaced.
(7) The trader’s obligation to bring the service into conformity with the service contract shall include—
(a) the removal of the goods and—
(i) their repair and reinstallation, or
(ii) the installation of goods in place of them,
or
(b) bearing the costs incurred under paragraph (a).
Right to proportionate reduction in price or termination of service contract
86. (1) This section applies where—
(a) the trader does not have the necessary skill to supply the service under a service contract,
(b) as specified in section 85 (2), it is impossible to bring the service into conformity with the service contract,
(c) the trader has declared, or it is clear from the circumstances, that the trader will not bring a service into conformity with the service contract within a reasonable time, or without significant inconvenience to the consumer,
(d) the trader fails to remedy a lack of conformity with a service contract within a reasonable time, without significant inconvenience to the consumer, or free of charge,
(e) the same or a different lack of conformity appears despite the trader’s attempt to bring the service into conformity with the service contract,
(f) the lack of conformity of a service with the service contract is of such a serious nature as to justify—
(i) an immediate proportionate reduction in the price, or
(ii) the termination of the service contract,
or
(g) the service under a service contract is unsafe or any goods produced by, or resulting from, the service or any materials used in the service are unsafe.
(2) Subject to subsections (3) and (5), where any of the circumstances specified in subsection (1) apply, the consumer shall have the right—
(a) to a proportionate reduction in the price in accordance with section 87 , or
(b) to terminate the contract in accordance with section 88 .
(3) Where subsection (1)(e) applies, the question of whether the consumer has the right to a remedy referred to in subsection (2) or shall be required to accept a further attempt (or attempts) by the trader to bring the service into conformity with the service contract shall be objectively determined by having regard to all the circumstances, including in particular—
(a) the type and value of the service,
(b) the nature and significance of the lack of conformity with the service contract, and
(c) whether the consumer can reasonably be expected to maintain confidence in the ability of the trader to bring the service into conformity, in particular where the same lack of conformity appears more than once.
(4) In objectively determining for the purpose of subsection (1)(f) whether the lack of conformity of the service with the service contract is of such a serious nature as to justify an immediate proportionate reduction in the price or the termination of the service contract, regard shall be had to the nature and severity of the lack of conformity, including in particular whether the lack is such that—
(a) the consumer cannot reasonably be expected to maintain confidence in the ability of the trader to bring the service into conformity with the service contract, and
(b) the ability of the consumer to make normal use of the service, or of any goods or digital content produced by or resulting from the service, is severely affected and the consumer cannot reasonably be expected to trust that this would be remedied by the trader.
(5) The consumer shall have the right to terminate the service contract under subsection (2) only if the lack of conformity with the service contract is not minor.
(6) In case of dispute, it shall be for the trader to show that the lack of conformity of the service with the service contract is minor.
Price reduction: service contract
87. (1) This section applies where a consumer has the right under section 86 (1) to a proportionate reduction in the price.
(2) The right of the consumer under this section is the right—
(a) to require the trader to reduce the price the consumer is required to pay under the service contract in accordance with subsection (3), or
(b) to receive from the trader a reimbursement of the price paid by the consumer in the amount of the reduction applicable under subsection (3).
(3) The reduction of the price shall be proportionate to the decrease in the value of the service supplied to the consumer compared with the value that the service would have if it were in conformity with the service contract.
(4) Where the service contract provides that the service shall be supplied for a period specified in the service contract, the reduction in the price shall be proportionate to the period during which the service was not in conformity with the service contract.
(5) Where the consumer has the right to reimbursement under subsection (2)(b), the trader shall reimburse the consumer in accordance with section 90 .
Obligations of consumer in event of termination of service contract
88. (1) This section applies where a consumer has the right under section 84 (1) or (2) or 86 (2)(b) to terminate a service contract.
(2) The consumer shall exercise his or her right to terminate the service contract by means of a statement to the trader expressing the decision to terminate the service contract.
(3) A consumer who exercises the right to terminate the service contract—
(a) subject to subsections (4) and (5), shall make any goods and other materials supplied under the service contract available for collection by the trader,
(b) shall not use any digital content or digital service supplied under the service contract, and
(c) shall not make any digital content or digital service supplied under the service contract available to any third person.
(4) The consumer shall not be required to make the goods available for collection by the trader or to return the goods or other materials to the trader if their collection or return—
(a) would cause disproportionate inconvenience to the consumer, or
(b) would damage the property of the consumer.
(5) Subsection (3)(a) shall not apply where—
(a) the consumer and the trader agree that the consumer should return the goods and any other materials to the trader and the trader should bear the cost to the consumer of doing so, and
(b) the consumer and the trader comply with the agreement.
(6) If a consumer fails to comply with an obligation imposed by subsection (3) or fails to return the goods and any other materials under an agreement such as is mentioned in subsection (5), he or she shall be liable in damages for any loss or damage suffered by the trader as a result of the failure.
Obligations of trader where service contract terminated
89. (1) Where the consumer exercises the right under section 84 (1) or (2) or 86 (2)(b) to terminate a service contract, the trader shall reimburse the consumer in accordance with section 90 for all payments made under the service contract.
(2) Where a service contract provides for the supply of the service for a period specified in the contract, the trader shall reimburse the consumer only for—
(a) the proportionate part of the price paid corresponding to the period during which the service was not in conformity with the service contract, and
(b) any part of the price paid by the consumer in advance for any period of the service contract that would have remained had the service contract not been terminated.
Time limits and means of reimbursement by trader: service contract
90. (1) Where reimbursement is owed to the consumer by the trader pursuant to a price reduction under section 87 or the termination of the service contract under section 89 , the trader shall make the reimbursement—
(a) without undue delay and in any event before the expiry of the period of 14 days beginning on the date on which the trader was informed of the consumer’s decision to exercise the right to a proportionate reduction in the price or to terminate the contract,
(b) using the same means of payment as the consumer used to pay for the service, unless the consumer expressly agrees otherwise and provided that the consumer does not incur any fees as a result of such reimbursement, and
(c) without the imposition of any fee on the consumer in respect of the reimbursement.
(2) If a trader fails to comply with the obligation to reimburse the consumer in accordance with this section, the trader shall be liable in damages for any loss or damage suffered by the consumer as a result of the failure.
General right to withhold payment: service contract
91. (1) Subject to subsections (2) and (3), where a trader fails to comply with an obligation imposed on the trader by this Part in relation to a service contract, the consumer shall have the right to withhold payment of any outstanding part of the price payable under the contract until the trader fulfils the obligation.
(2) Where the failure of the trader to comply with an obligation imposed on the trader by this Part relates to a lack of conformity of the service with the service contract, the part of the price withheld by the consumer under subsection (1) shall be proportionate to the decrease in the value of the service received by the consumer compared with the value of the service if it had been in conformity with the service contract.
(3) Where the failure of the trader to comply with an obligation imposed on the trader by this Part relates to a failure to supply the service (other than a short-term interruption of the supply referred to in section 78 (7)), the part of the price withheld by the consumer under subsection (1) shall be proportionate to the price payable for the period during which the service was not supplied by the trader.
(4) The consumer shall exercise the right to withhold payment under subsection (1) by means of a statement to the trader expressing the consumer’s decision to withhold payment until the trader has fulfilled the trader’s obligations under this Part.
Effect of termination of service contract on ancillary contract
92. (1) Where a consumer terminates a service contract in accordance with section 88 , any ancillary contract shall be automatically terminated without any cost to the consumer.
(2) When a trader is informed by a consumer in accordance with section 88 (2) of the consumer’s decision to terminate a service contract, the trader shall inform any other trader with whom the consumer has an ancillary contract of the termination of that contract by subsection (1).
(3) Where an ancillary contract is terminated by subsection (1)—
(a) the consumer shall comply with the obligation in section 88 (3), and
(b) the trader with whom the consumer had that contract shall comply with the obligations in section 89 .
(4) Where any security has been provided under an ancillary contract that is terminated under subsection (1), it is to be treated as never having had effect and any property lodged with the trader or a person other than the trader (a “third party”) solely for the purposes of that security shall be returned immediately by the trader or third party.
(5) In this section, “ancillary contract”, in relation to a service contract concluded between a consumer and a trader (in this subsection referred to as the “principal contract”), means another contract (other than a hire-purchase agreement or a consumer-hire agreement) concluded between that consumer and that trader, or that consumer and a third party, under which—
(a) the trader, or
(b) in pursuance of arrangements made between the trader and a third party, the third party,
supplies to the consumer goods, digital content, a digital service or a service related to the principal contract.
Remedies where contract also provides for sale of goods etc.
93. (1) This section applies where a service is supplied to a consumer under a contract that provides also for the sale of goods or the supply of digital content or a digital service.
(2) Where the conditions in subsection (3) are met, the consumer shall have the right—
(a) to terminate the contract, or
(b) to obtain a proportionate reduction in the price payable under the contract.
(3) The conditions referred to in subsection (2) are the following—
(a) if it were a contract for the supply of a service only, the consumer would have the right to obtain a proportionate reduction in the price under section 87 or to terminate the contract under section 88 , and
(b) the value of the goods, digital content or digital service to the consumer would be materially reduced in the absence of the service.
(4) In objectively determining for the purposes of subsection (3)(b) whether a reduction in the value of the goods, digital content or digital service to the consumer would, in the absence of the service, be reduced to an extent that would justify the termination of the contract or a proportionate reduction in the price payable under the contract, all the circumstances shall be taken into account, including in particular—
(a) the nature and purpose of the contract,
(b) the relative value of the different elements of the contract, and
(c) the nature and degree of the inter-dependence of the different elements of the contract.
(5) Where the consumer exercises the right to terminate the contract under subsection (2)—
(a) the consumer shall comply with the obligations in section 88 (3), and
(b) the trader with whom the consumer has that contract shall comply with the obligations in section 89 .
(6) This section shall not apply where a bundle of electronic communications services or a bundle of such services and terminal equipment within the scope of Article 107 of Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 20181 establishing the European Electronic Communications Code (Recast) includes elements of an internet access service or a number-based interpersonal communications service.
(7) This section does not apply to a consumer-hire agreement or a hire-purchase agreement.
Exclusion or limitation of liability of trader (Part 4)
94. (1) A term of a service contract or of any other contract between a consumer and a trader shall not exclude or restrict the trader’s liability under any of the following provisions:
(a) section 78 (supply of service);
(b) section 79 (service to be in conformity with service contract);
(c) section 80 (subjective requirements for conformity with service contract);
(d) section 81 (objective requirements for conformity with service contract);
(e) section 82 (implied terms of service contract);
(f) section 83 (reasonable price to be paid for service).
(2) A term of a service contract or of any other contract between a consumer and a trader which purports to, or has the effect of, excluding or restricting the liability of the trader under any of the provisions specified in subsection (1) shall not be binding on the consumer.
(3) The references in subsections (1) and (2) to excluding or restricting the trader’s liability include a reference to—
(a) excluding or limiting a right or remedy in respect of a liability under a provision specified in subsection (1),
(b) making such a right or remedy, or its enforcement, subject to a restrictive or onerous condition,
(c) allowing a trader to put a consumer at a disadvantage as a result of pursuing such a right or remedy,
(d) excluding or restricting rules of evidence or procedure, or
(e) preventing an obligation arising or limiting its extent.
(4) An agreement in writing to submit present or future disputes to an ADR procedure within the meaning of the European Union (Alternative Dispute Resolution for Consumer Disputes) Regulations 2015 ( S.I. No. 343 of 2015 ) is not to be regarded as excluding or restricting any liability for the purposes of this section.
(5) A trader who contravenes subsection (1) commits an offence.
Continuing entitlement to pursue other remedies
95. (1) The remedies provided for in this Chapter do not affect the right of a consumer to pursue other remedies (without recovering twice for the same loss) where a service is not in conformity with the service contract or the trader otherwise fails to comply with the requirements of this Part.
(2) The other remedies referred to in subsection (1) include in particular any of the following remedies that may be available to the consumer:
(a) claiming damages;
(b) relying on the failure of the trader to comply with the requirements of this Part against a claim under the service contract by the trader for payment of the price;
(c) seeking to recover money paid to the trader for a service that does not comply with the requirements of this Part;
(d) having a lack of conformity of the service with the service contract remedied elsewhere and recovering from the trader all reasonable costs incurred in having the lack of conformity so remedied.
(3) An exclusion or limitation of a remedy provided for in this section shall be subject to assessment for unfairness under Part 6.