Loading the contract library
Business-to-consumer terms for a provider supplying booked services to an individual consumer across borders, preserving mandatory consumer protections in the consumer's home country. Whether the customer is a consumer, so consumer-protection law applies and a business-to-business template is wrong, is settled by the decision card (consumer_status), from the facts, not assumed from the draft.
International / Cross-Border
Highlighted blanks are the details your parties fill in.
This agreement is dated the date on which it is signed by the last of the parties.
This agreement is made between [TO BE CONFIRMED — Provider] (the "Provider") and [TO BE CONFIRMED — Consumer] (the "Consumer").
"Services" means [TO BE CONFIRMED — Services].
"Booking Details" means [TO BE CONFIRMED — Booking Details].
"Service Location" means
Explore more templates in this category or region.
"Service Period" means [TO BE CONFIRMED — Service Period].
"Price" means [TO BE CONFIRMED — Price].
"Deposit" means [TO BE CONFIRMED — Deposit].
"Payment Timing" means [TO BE CONFIRMED — Payment Timing].
"Consumer Cancellation Period" means [TO BE CONFIRMED — Consumer Cancellation Period].
"Provider Cancellation Notice" means [TO BE CONFIRMED — Provider Cancellation Notice].
"Consumer's Home Country" means [TO BE CONFIRMED — Consumer's Home Country].
"Governing Law" means [TO BE CONFIRMED — Governing Law].
"Dispute Forum" means [TO BE CONFIRMED — Dispute Forum].
"Contract Language" means English.
"Privacy Notice" means [TO BE CONFIRMED — Privacy Notice].
"Complaints Contact" means [TO BE CONFIRMED — Complaints Contact].
"ADR Information" means [TO BE CONFIRMED — ADR Information].
"Liability Cap" means [TO BE CONFIRMED — Liability Cap].
"Confidentiality Period" means 3 years after the end of this agreement.
"Notice Details" means [TO BE CONFIRMED — Notice Details].
"Publicity Consent Scope" means [TO BE CONFIRMED — Publicity Consent Scope].
The Provider will supply the Services in accordance with the Booking Details during the Service Period at the Service Location. The Booking Details form part of this agreement.
The Provider will perform the Services with reasonable care and skill, will comply with applicable law, and will provide the Services within the Service Period unless a different time is agreed or delay is caused by the Consumer or an event under the Force Majeure clause.
A booking is confirmed when the Provider communicates acceptance to the Consumer. The parties will attend or make available the appointments and arrangements in the Booking Details.
Either party may request a reasonable change to an appointment. The Provider will use reasonable efforts to accommodate the request. If the Consumer requests a change with reasonable notice and the Provider can fill the original appointment or reasonably reschedule it, the Provider will not charge more than its reasonable, disclosed costs. If the Provider changes an appointment, it will offer a reasonable alternative or a refund of amounts paid for the affected Services.
The Consumer will pay the Price in accordance with the Payment Timing. The Price includes applicable taxes unless the Booking Details state clearly otherwise. The Provider will not charge an amount not disclosed before the Consumer is bound, unless the Consumer expressly agrees to it.
The Consumer will pay the Deposit as part payment of the Price. The Provider will apply it to the Price. If a booking is cancelled, the Provider may retain only the part of the Deposit that reflects its reasonable losses or costs caused by the cancellation, taking account of costs saved and replacement bookings, except where mandatory law gives the Consumer a more favourable right.
Nothing in this agreement limits a statutory right of cancellation, withdrawal or refund available to the Consumer, including for a distance or off-premises contract. The Consumer may exercise that right by a clear statement to the Provider. Where the Consumer expressly asks the Provider to begin the Services during the Consumer Cancellation Period, the Consumer will pay only for Services properly supplied up to cancellation to the extent permitted by applicable law. The Provider will give the Consumer all notices and information required for that right.
Outside a statutory cancellation right, either party may cancel before performance by giving reasonable notice. On Consumer cancellation, the Provider may charge only a reasonable, disclosed amount reflecting losses or costs actually caused by cancellation, after taking account of costs saved and replacement bookings. On Provider cancellation other than under the Force Majeure clause, the Provider will promptly refund amounts paid for undelivered Services.
The Consumer will provide accurate information reasonably needed for the Services, obtain permissions within the Consumer's control, provide safe and reasonable access to the Service Location where relevant, follow reasonable safety instructions, and tell the Provider promptly about any matter that may reasonably affect safe or proper performance.
If the Services are not performed with reasonable care and skill, are not as described, or are not performed within the agreed time where time is binding, the Consumer may require the Provider to repeat or complete the affected Services within a reasonable time and without significant inconvenience to the Consumer. If that is impossible or cannot be done within a reasonable time, the Consumer may claim an appropriate price reduction, refund or any other remedy available under applicable law. These remedies do not limit mandatory consumer rights.
The Provider will take reasonable steps to provide the Services safely and will give reasonable safety information relevant to the Services. The Consumer will follow reasonable safety instructions. Neither party is required to continue an activity where doing so would create a material safety risk.
Before participating, the Consumer will provide honest and complete health, accessibility and risk information reasonably requested for safe delivery of the Services, and will update it if it changes. The Provider may decline or adapt participation where reasonably necessary for safety. This clause is not a waiver or exclusion of any right or liability that cannot lawfully be waived or excluded.
The Provider will maintain any insurance required by applicable law and any other insurance reasonably appropriate to the nature of the Services.
Nothing in this agreement excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence where applicable law so provides, or the Consumer's mandatory statutory rights. Subject to that, neither party is liable for indirect or consequential loss to the extent that exclusion is permitted by applicable law, and the Provider's total liability arising from the Services is limited to the Liability Cap, except where a higher amount is required by applicable law.
The Provider may create and use photographs, recordings or testimonials of the Consumer only within the Publicity Consent Scope and only to the extent permitted by applicable law. The Consumer may withdraw consent prospectively at any time by notifying the Provider. Withdrawal does not affect lawful use before withdrawal, but the Provider will take reasonable steps to stop future use.
Each party will comply with applicable data-protection law when processing personal data under this agreement. The Provider will process the Consumer's personal data as described in the Privacy Notice and will implement appropriate technical and organisational measures. The Provider will notify the Consumer and any authority where required by applicable law after becoming aware of a personal-data breach affecting the Consumer's personal data.
Each party will protect the other party's confidential information using at least reasonable care, use it only to perform or receive the Services, and disclose it only to personnel and advisers who need to know it and are bound by equivalent confidentiality obligations. This does not apply to information that the receiving party can show is public through no breach, already lawfully known, independently developed, or lawfully received without restriction. A receiving party may disclose confidential information where law requires it, if it gives prior notice where legally permitted. These obligations continue for the Confidentiality Period.
The Consumer may make a complaint using the Complaints Contact. The Provider will handle complaints fairly and within a reasonable time. This clause does not prevent the Consumer from using a statutory complaint, regulatory, court or alternative dispute resolution process.
The Provider will give the Consumer the ADR Information and will participate in alternative dispute resolution only where it has agreed to do so or applicable law requires it. Nothing requires the Consumer to use alternative dispute resolution before exercising a mandatory legal right.
Neither party is responsible for delay or failure caused by an event beyond its reasonable control, provided it takes reasonable steps to reduce the effect and tells the other party promptly. If the event materially affects the Services, the parties will seek a reasonable alternative. If no reasonable alternative is available, either party may cancel the affected Services and the Provider will refund amounts paid for Services not supplied, subject to mandatory law.
The Provider may change these terms only where reasonably necessary because of law, safety, a change in the Services, or a matter beyond its reasonable control. A change will not affect a confirmed booking unless the Consumer agrees or the change is required by law or is minor and does not materially disadvantage the Consumer. If a material change is proposed for a confirmed booking and the Consumer does not agree, the Consumer may cancel the affected Services and receive a refund of amounts paid for them.
A notice under this agreement must be in writing and sent to the relevant party using the Notice Details, or any replacement details notified in writing. A notice sent by email is received when no delivery-failure message is received; a notice sent by courier is received on recorded delivery. This clause does not apply to service of court proceedings where applicable law requires another method.
If any provision of this agreement is unlawful, invalid or unenforceable, it will be modified to the minimum extent necessary to make it lawful, valid and enforceable; if that is not possible, it will be treated as deleted. The rest of this agreement remains in effect.
The Governing Law governs this agreement and any non-contractual obligations arising out of or in connection with it. The parties will first try in good faith to resolve a dispute through direct discussion. If they do not resolve it, the Dispute Forum has jurisdiction, except that either party may seek urgent interim relief from any court with jurisdiction. The Contract Language is the controlling language of this agreement. Nothing in this clause deprives the Consumer of mandatory consumer protections of the Consumer's Home Country or of a right to bring proceedings in the courts available to the Consumer under mandatory law.