lexiara

sec_5_6_2__para__3

However, the compensation should be based on the market value of what has been provided if the total price is excessive. Useful explanations of how to determine the market value are provided in Recital 50, which states: ‘[…] The calculation of the proportionate amount should be based on the price agreed in the contract unless the consumer demonstrates that the total price is itself disproportionate, in which case the amount to be paid shall be calculated on the basis of the market value of the service provided. The market value should be defined by comparing the price of an equivalent service performed by other traders at the time of the conclusion of the contract. […]’

· All articles ·

Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.