Jurisdiction clause included in the general terms and conditions to which the contract refers

The CJEU has held that a jurisdiction clause is validly provided for where it is included in the general terms and conditions to which the contract concluded in writing refers by means of a hypertext link to a website, provided that access to that site enables those general terms and conditions to be viewed, downloaded and printed before the contract is signed.

The CJEU has established that, where the jurisdiction clause is included in the general terms and conditions by the inclusion of a hypertext link to a website allowing those general terms and conditions to be viewed, signed and printed, it is not necessary for the party against whom that clause operates to be formally asked to accept those general terms and conditions by ticking a box on that website.

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