In Turkey the precedent is that not only ToS'es and any kind of pre-written contracts have to be
fair by law (ie punitive measures for the customer while there is none for the firm will simply be thrown out by the court) and not include any unexpected conditions. Some time ago, the higher court ruled in favor of a guy who simply claimed he didn't read the long contract and the unexpected conditions shouldn't have been enforceable.
Also all consumer disputes below a certain amount have to be resolved by consumer referees, so no binding arbitration clauses here either.