II. — 9:407 Factors to be taken into account in assessing unfairness

When assessing the unfairness of a contractual term for the purposes of this Section, regard is to be had to the duty of transparency under II. — 9:402 (Duty of transparency in terms not individually negotiated), to the nature of what is to be provided under the contract, to the circumstances prevailing during the conclusion of the contract, to the other terms of the contract and to the terms of any other contract on which the contract depends.

For the purposes of II. — 9:403 (Meaning of ‘unfair’ in contracts between a business and a consumer) the circumstances prevailing during the conclusion of the contract include the extent to which the consumer was given a real opportunity to become acquainted with the term before the conclusion of the contract.