Article 9Nullity, etc. of Clauses Stipulating the Amount of Damages to Be Paid by a Consumer
第九条(消費者が支払う損害賠償の額を予定する条項等の無効等)
The following consumer contract clauses are void to the extent provided for in each item:
次の各号に掲げる消費者契約の条項は、当該各号に定める部分について、無効とする。
clauses stipulating liquidated damages or a fixed penalty for contract cancellation in a total amount that exceeds the average amount of damages that the trader would incur from the cancellation of a consumer contract of the same type, as a function of the categories of circumstances established in those clauses such as the reason for or timing of the cancellation:the part of the stipulated damages or penalty that exceeds the average amount that would be incurred;
clauses stipulating liquidated damages or a fixed penalty if the customer fails to pay all or part of an amount of money under the contract by the due date for payment (or by each due date for payment, if there are two or more payments; hereinafter the same applies in this item), in a total amount that exceeds the amount arrived at when the amount owing on the due date with the part of the amount that has actually been paid deducted as of the due date is multiplied by 14.6% per annum, based on the number of days in the period from the day after the due date for payment until the day on which the money is paid:the part of the stipulated damages or penalty exceeding the amount so calculated.
In the case that a trader claims damages for compensation or demands the payment of a penalty for breach of contract from a consumer based on a clause stipulating damages or fixed penalties for contract cancellation, if the consumer requests an explanation, the trader must endeavor to explain an outline of the grounds the estimation of the amount of damages or the calculation of the penalty.