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Unfair Contract Terms Directive, Article 5 , Unfair Contract Terms Directive, Article 5

Unclear contract term about betting on yellow and red cards in a soccer game in a betting contract.

Facts:

The consumer had bet on the fact that the number of yellow and red cards given during a game would exceed 2,5. A player received a yellow card during the half time break. This card would result in the consumer winning. The betting company understood their own terms in a way that excluded cards given in the break, from the bet of the consumer.

Legal issue:

In cases where doubts arise about the understanding of an agreement, and the contractual term in question has not been the subject of individual negotiation, the term is interpreted in the manner that is most favourable to the consumer.

Result:

When there is doubt about the understanding of a contract term and the term has not been individually negotiated, the term must be interpreted in the most favourable way for the consumer.

In cases where doubts arise about the understanding of an agreement, and the contractual term in question has not been the subject of individual negotiation, the term is interpreted in the manner that is most favourable to the consumer (Section 38b (1) of the Contract Act).

The Board has based its decision on the fact that the terms of the agreement are designed by the trader and that the term has not been the subject of individual negotiation.

Against this background, the Board considers that the trader's terms for betting related to yellow and red cards determine that a player is on the field until he/she is replaced, expelled, or the match is over.

The term was interpreted in favour of the consumer, so the cards given outside of active play also counted as a card in relation to the bet.

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