Tacit Renewal of Subscriptions in Westland
In Westland, tacit renewal of subscriptions is restricted by strict rules. This is when your subscription automatically continues without your explicit consent, for example after a one-year contract with a local gym in Naaldwijk or a streaming service. Thanks to legislation effective from 2022, unexpected costs for consumers in Westland are better protected.
Why does the law regulate tacit renewal?
In the past, residents of Westland were often caught off guard by ongoing contracts, such as fitness memberships in Monster or meal kit boxes. Despite cancellations, invoices kept coming due to hidden clauses. The government has tackled this 'take it or leave it' system to ensure fair competition and keep consumers vigilant.
Legal Basis
The rules are laid down in the Dutch Civil Code (DCC), Book 6, Title 5, Section 2 (Distance Contracts). Key articles:
- Art. 6:236n DCC: Maximum minimum duration of one year. No tacit renewal without your consent.
- Art. 6:236o DCC: Renewal only with a new agreement. Automatic continuation prohibited for contracts after 1 January 2022.
- Art. 6:230m DCC: Trader must send a reminder with cancellation details before the end of the term.
This derives from the Implementation Act of the Digital Services Directive (Bulletin of Acts and Decrees 2020, 565) and the Unfair Commercial Practices Act. Older contracts (pre-2022) may tacitly extend for a maximum of three months.
What is a subscription in Westland?
Periodic payments for services or products, such as:
- Streaming (Netflix, Videoland)
- Fitness in Westland (local gyms)
- Product boxes (meals or flower subscriptions)
- Newspapers or software subscriptions
One-off services without fixed delivery are excluded.
Comparison of old and new regimes
| Aspect | Old (pre 1-1-2022) | New (post 1-1-2022) |
|---|---|---|
| Minimum term | Max. 1 year | Max. 1 year |
| Tacit renewal | Max. 3 months | Prohibited without consent |
| Cancellation period | 1 month | 1 month |
| Reminder | Not required | Required 1-2 months prior |
Rights and obligations for Westland residents
Rights:
- Cancel at the minimum period without penalty.
- Thereafter, cancellable monthly.
- Breach: termination and refund (Art. 6:236p DCC).
- No reminder? Renewal invalid.
Obligations:
- Read the terms and conditions.
- Cancel via the correct channel.
- Keep proof of cancellation.
Practical examples from Westland
Example 1: Local gym
12-month contract in 2023 with a gym in 's-Gravenzande. Reminder required: "Renew? Click here." No action? It stops automatically. Otherwise: claim refund at Westland District Court.
Example 2: Old streaming contract (2020)
Tacitly extended by 3 months. Cancel with 1-month notice, no penalty.
Example 3: Flower or meal box
'Trial box' continues. Check terms; misleading? Terminate under Art. 6:230e DCC.
Frequently Asked Questions
Can I cancel during tacit renewal?
Yes, after one year, monthly without reason. For new ones: no tacit renewal. Keep proof.
No reminder received?
Renewal invalid (Art. 6:230m DCC). Reclaim via bank or Disputes Committee. Seek advice from Westland Legal Aid Office.
Applies to foreign services?
Yes, if NL-focused. Report to ACM via acm.nl or locally via Municipality of Westland.
Existing subscriptions?
Old: max. 3 months tacit. Upon renewal: new rules apply.
Tips for Westland
Avoid hassle:
- Search for 'tacit renewal' in terms.
- Set calendar alert 1 month before end.
- Use model letters from Consumers' Association or Westland Legal Aid Office.
- For help: call Westland Legal Aid Office or go to Westland District Court.