(1) Where the trader -

(a) fails to supply the service under a service contract in accordance with section 78, and

(b) fails to comply with a subsequent request from the consumer to supply the service within an additional period appropriate to the circumstances,

the consumer shall have the right to terminate the service contract.

(2) Subsection (1) shall not apply, and the consumer shall have the right to terminate the service contract immediately (and without making a request referred to in subsection (1)(b)), where -

(a) the trader has declared that the trader will not supply the service or it is clear from the circumstances that the trader will not do so,

(b) the supply of the service in accordance with section 78 is essential, taking into account all the relevant circumstances at the time of the conclusion of the service contract, or