Consumer Protection Law · Federal Law 15 of 2020
Article 21
Chapter Two: Obligations of the Provider, the Advertiser and the Commercial Agent
English translation
Prohibition of Including a Term Harmful to the Consumer The provider is prohibited from including any term upon contracting with the consumer that would cause the consumer harm. Every term in a contract, invoice or otherwise shall be deemed void if it would exempt the provider from any of the obligations provided in this Law. The Executive Regulation of this Law shall determine the controls of the terms that are not harmful to the consumer.
Official translation, as published by the portal.
Official Arabic text
حظرإدراج شرط يضربالمستهلك يحظر على المزود إدراج أي شرط عند التعاقد مع المستهلك من شأنه الإضرار به، ويقع باطلاً كل شرط يرد في عقد أو فاتورة أو غير ذلك إذا كان من شأنه إعفاء المزود من أي من الالتزامات الواردة في هذا القانون. وتحدد اللائحة التنفيذية لهذا القانون ضوابط الشروط التي تضر بالمستهلك.
What it means when you sign
This article forbids a provider from including any term in a contract with a consumer that would cause the consumer harm. It also says that any term in a contract, an invoice or elsewhere is void if it would exempt the provider from any of the obligations set out in this Law. The detailed controls on which terms are harmful to the consumer are left to the Executive Regulation of the Law.
When you are about to sign a consumer contract, this article means that a clause is not safe simply because it sits in the signed contract or is printed on an invoice. A term that excuses the provider from its duties under this Law, such as a blanket disclaimer or an exclusion of responsibility, may be void. A term that harms the consumer may also be prohibited, subject to the Executive Regulation. Clauses to read closely include exclusions of liability, no-refund wording, waivers and the small print on invoices or receipts, since the article covers terms wherever they appear.
In Fahm reports this article usually sits under: Risky commercial terms
Related articles
- Article 20This article places a duty on the provider, meaning the business that supplies a commodity or service to consumers.
- Article 23This article gives the Ministry or the competent authority the power to ask for a commodity or service to be inspected at laboratories.
- Article 24Cited in Fahm reportsThis article gives the consumer the right to claim compensation for personal or material damage caused by using the commodity or service, in line with the legislation in force in the State.
- Article 25This article is about e-commerce.