Unreasonably Onerous
Tags: algemene voorwaarden, black list, destructible, grey list, grijze lijst, onredelijk bezwarend, reflex action, reflexwerking, terms and conditions, Unreasonably Onerous, vernietigbaar, zwarte lijst.
If a clause in general terms and conditions is unreasonably onerous, this clause is voidable. Whether a clause is unreasonably onerous depends on the nature and content of the agreement, the manner in which the terms and conditions were drawn up, the parties’ mutually recognizable interests and other circumstances of the case.
The Grey and Black List
The law has a number of examples of types of terms and conditions that are or may be unreasonably onerous. The so-called “grey list” contains provisions that in most cases are unreasonably onerous. The “blacklist” contains provisions that are always unreasonably onerous.
Consumers can always rely on this grey – and black – list. In principle, this does not apply to companies. However, a reflex effect applies to companies: the judge is more inclined to consider a clause unreasonably onerous if this clause appears on the grey – or black – list.
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