In contracts concluded between professionals and consumers, terms are unfair if their purpose or effect is to create, to the detriment of the consumer, a significant imbalance between the rights and obligations of the parties to the contract.
Without prejudice to the rules of interpretation set out in articles 1188, 1189, 1191 and 1192 of the Civil Code, the unfairness of a term is assessed by reference, at the time the contract is concluded, to all the circumstances surrounding its conclusion, as well as to all the other terms of the contract. It is also assessed with regard to those contained in another contract where the two contracts are legally linked in their conclusion or performance.
The assessment of whether terms are unfair within the meaning of the first paragraph does not relate either to the definition of the main subject of the contract or to the appropriateness of the price or remuneration for the goods sold or the service offered, provided that the terms are drafted in a clear and comprehensible manner.