Would this type of thing not apply to our legal standing - there is no written penalty in the terms for breaking the 72hour rule - do they not have to disclose what it would be if rule broken?
Yes. In the UK, it is a strict legal requirement that any rules, restrictions, and associated penalties (or fees) must be disclosed to you clearly and upfront before you agree to a contract or enter into an agreement. [1, 2]
The rules governing this are specifically designed to ensure agreements are transparent and balanced:
The Consumer Rights Act 2015: Requires all consumer contract terms and notices to be transparent, legible, and written in plain, intelligible language. Hidden, ambiguous, or uncommunicated penalty clauses are considered unfair and are legally non-binding.
The Rule Against Penalty Clauses: Even if a penalty is disclosed, UK contract law states that a penalty clause cannot be enforced if it is "out of all proportion" to the innocent party's legitimate interests. It must reflect a genuine estimate of loss rather than just serving to punish the breaching party.
Regulatory Enforcement: Businesses that use hidden or unfair penalties can face regulatory action and fines