Only if the clause allowing it actually meets the law's fairness test — many don't.
Only in limited, specific ways — and a clause that gives a company open-ended power to change the deal is often not legally binding at all. Under the Consumer Rights Act 2015, terms that let a trader alter the contract, its price, or the characteristics of what's being provided, without a valid reason specified in the contract, are on the Act's list of terms presumed to be unfair. An unfair term isn't automatically deleted from the document, but it isn't binding on you unless you choose to be bound by it.
| Feature | Effect on fairness |
|---|---|
| Open-ended discretion, no reason given | Presumed unfair under Schedule 2 of the CRA |
| Specific, valid reasons named in the contract itself | Much stronger case for enforceability |
| Written in plain, intelligible language | Required for any written term to be considered fair and transparent |
| Consumer given genuine right to exit penalty-free if they reject the change | A key factor regulators look for when assessing fairness |
| Reasonable advance notice before the change takes effect | Another factor supporting fairness |
A blanket clause simply reserving a general right to change terms, with no named reasons and no meaningful exit option, is close to the exact wording the Act's own illustrative list flags as presumptively unfair. Regulators have specifically stated they expect businesses to review variation clauses for transparency and fairness, and the Financial Conduct Authority has issued detailed guidance on exactly this point for financial services contracts, reflecting how commonly this kind of clause gets challenged.
Where a contract term can reasonably be read more than one way, the interpretation most favourable to the consumer prevails. This matters in practice: if a variation clause is vaguely worded, that vagueness is a weakness for the company relying on it, not a strength — you're entitled to the reading that helps you.
What makes a contract variation clause fair under the Consumer Rights Act? Regulators generally look for the clause to specify valid reasons for change (not an open-ended discretion), require reasonable advance notice, be written in clear and understandable language, and give the consumer a genuine, penalty-free right to end the contract if they don't want to accept the new terms.
What can I do if I think a contract change was unfair? You can challenge the change directly with the company, citing the Consumer Rights Act 2015 and asking them to justify the specific reason for the variation. If they can't point to a valid, previously specified reason, you can argue the clause is unfair and therefore not binding on you, and escalate to the relevant regulator or the Competition and Markets Authority if unresolved.
Use Kibbo's Legal & Contracts tools to check the clause's fairness and draft your challenge.
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