The association Clévacances Isère proffered a standard term contract of seasonal hire to its members who were owners of real estate. Certain terms of the contract appeared unlawful or unfair to the consumer association UFC 38 - Que Choisir which sought an injunction against Clévacances Isère to restrain the use of those terms.
Following the intervention of National Federation of leasing in France (Fédération nationale des locations de France) to the appeal, on behalf of Clévacances, the Court of Appeal distinguished, on the one hand, unlawful clauses capable of being struck out and, on the other hand, clauses which were unfair under the provisions of consumer law and could therefore only be used in non-commercial contracts.