Article 1408

If a standard contract term is regarded as unfair, it shall not be binding on the consumer. The contract shall, however, continue to bind the parties upon the terms agreed if it is capable of continuing in existence without the unfair standard contract terms.

A standard contract term shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties rights and obligations arising under the contract, to the detriment of the consumer.

The unfairness of a standard contract term shall be assessed, taking into account the nature of the goods or services for which the contract was concluded, the other terms of the contract and all the circumstances attending the conclusion of the contract.

Assessment of the unfair nature of the standard contract terms shall relate neither to the definition of the main subject-matter of the contract nor to the adequacy of the price and remuneration to be paid for the services or goods supplied insofar as these terms are in plain intelligible language.