ComCom Action Prompts Changes To Bachcare’s T&Cs

The Commerce Commission has reached a settlement agreement with Bachcare that certain cancellation terms, used at times since October 2019 in Bachcare’s Terms & Conditions, were Unfair Contract Terms.

Commission Deputy Chair Anne Callinan says this is a win for consumers as Bachcare is updating its Terms and Conditions so future guests get a fairer deal when they use Bachcare.

“Businesses can’t have contract terms that are unfair and create a significant imbalance,” Ms Callinan says. If a term is declared unfair, any further use of it could be in breach of the Fair Trading Act.

This settlement agreement was prompted by proceedings filed by the Commission in the High Court against Bachcare in April 2023.

In the settlement agreement, Bachcare admits the cancellation terms were unfair, and makes a commitment to update their terms and conditions.

The parties have jointly asked the High Court to arrange a hearing for an agreed declaration to be made that the cancellation terms were unfair.

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