Cap. 13 ст. 26GProvision or practice which is unfair to the creditor.

(1) A provision in an agreement or a practice, which relates to the date or period of payment, the rate of interest for late payment or the compensation for recovery costs, may be unenforceable or may give rise to a claim for damages, if such provision or practice is grossly unfair to the creditor.

(2) In determining whether a provision or a practice is grossly unfair to the creditor, the following shall be taken into consideration:

(a) any gross deviation from good commercial practice is contrary to good faith or fair dealing;

(b) the nature of the product or the service; and

(c) whether the debtor has any objective reason to deviate from the legal rate of interest for late payment, from the payment periods referred to in articles 26C(4) and 26D(3), sub-paragraph (ii) of the proviso to article 26D(3), sub-paragraph (iii) of the proviso to article 26D(3), or from the fixed sum as referred to in article 26E(a).

(3) For the purpose of this article, a provision in a contract or a practice which excludes:

(a) interest for late payment, shall be deemed as grossly unfair;

(b) compensation for recovery costs, shall be presumed to be grossly unfair.

(4) An organization which represents enterprises or an organization with a legitimate interest in the representation of enterprises may seek redress before a court of civil jurisdiction against the use of contractual conditions or practices which are manifestly unjust according to sub-articles (1), (2) and (3).