Regulation 28 Cancellation in event of multiple breaches

This regulation applies where a consumer cancels a subscription contract and, at that time, the consumer could cancel the contract for breach of more than one relevant implied term.

Unless the consumer chooses otherwise, the consumer is taken to exercise the right to cancel for breach of the relevant implied term that results in the most advantageous remedy to the consumer.

The most advantageous remedy to the consumer is to be determined by reference to whichever breach of the implied term mentioned in paragraph (1) results, in accordance with regulations 26 and 27, in extinguishing to the greatest amount the consumer’s liability for payments that have arisen under the cancelled contract.