Consumer Rights Act 2022

Chapter 2

Consumer rights in service contracts

Supply of service

78. (1) Where a service contract is concluded between a trader and a consumer, the trader shall supply the service to the consumer in accordance with the contract.

(2) Subject to subsections (3) to (5), the trader shall supply the service—

(a) where the service contract is a distance contract or an off-premises contract—

(i) at such time, or within such period, as may be specified in the information provided to the consumer under section 103 , 104 or 106 , or

(ii) where no time or period is so specified, at such time, or within such period, as may be agreed between the trader and the consumer,

and

(b) where the service contract is not a distance contract or an off-premises contract, at such time, or within such period, as may be agreed between the trader and the consumer.

(3) Where no time or period is specified or agreed as mentioned in subsection (2), the trader shall supply the service within a reasonable time following the conclusion of the service contract.

(4) Where a service contract provides for the continuous supply of the service for a period specified in the contract, the trader shall supply the service to the consumer during that period.

(5) Where a service contract provides for the supply of the service on more than one occasion during the period for which the contract subsists, the trader shall supply the service to the consumer on each of those occasions.

(6) Subject to subsection (7), if the trader fails to supply the service to the consumer in accordance with this section, the consumer shall have the right to the remedies specified in sections 84 and 91 .

(7) If there is a short-term interruption of the supply of the service that is more than negligible or that recurs—

(a) section 84 shall not apply,

(b) the service shall be deemed not to be in conformity with the service contract, and

(c) the consumer shall have the right to the remedies specified in sections 85 , 86 and 91 .

(8) For the purposes of subsection (3), whether a service has been supplied within a reasonable time following the conclusion of a service contract is a question of fact.