Tacit Renewal of Subscriptions in Utrecht
In Utrecht, a tacit renewal of a subscription occurs when your contract automatically continues without your explicit consent. This often happens with annual gym or streaming service subscriptions that roll over unless you take action. Legislation introduced in 2022 has restricted this practice in the Utrecht area and beyond to protect local residents from unexpected bills.
Why Does the Law Regulate Tacit Renewal?
In the past, consumers in Utrecht and elsewhere were frequently caught off guard by ongoing subscriptions, such as those from local gyms or meal kit services. You may have thought you cancelled, but hidden clauses kept the payments coming. Lawmakers addressed this 'pay or else' problem, as it was unfair to consumers and gave businesses an unfair edge.
Legal Basis
The rules are laid down in the Civil Code (BW), Book 6, Title 5, Division 2. Key articles:
- Art. 6:236n BW: Maximum minimum duration is one year. No tacit extension without your consent.
- Art. 6:236o BW: Extension only with fresh consent; prohibited for contracts from 1 January 2022.
- Art. 6:230m BW: The trader must send a reminder with cancellation details before the end date.
These stem from the Implementation Act of the Digital Services Directive and the Unfair Commercial Practices Act. Pre-2022 contracts could tacitly extend for a maximum of three months.
What Exactly is a Subscription?
An agreement involving periodic payments for services or products, such as:
- Streaming (Netflix, Videoland)
- Local gyms in Utrecht or fitness apps
- Meal kits (HelloFresh)
- Newspapers or software subscriptions
Not all services qualify, such as one-off consultations.
Comparison: Old and New Regime
| Aspect | Before 1-1-2022 | After 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 mandatory | Mandatory 1-2 months before end |
Rights and Obligations as a Utrecht Resident
Your rights:
- Cancel during the minimum period without penalty.
- After one year: cancellable on a monthly basis.
- In case of violation: dissolution and refund (art. 6:236p BW).
- No reminder? The extension is invalid.
Your obligations:
- Read the terms at the start.
- Cancel via the correct channel (email, app).
- Save proof of cancellation.
Examples from Utrecht Practice
Example 1: Gym in Utrecht
You start a 12-month contract at a Utrecht gym in 2023. They send: "Renew? Click here!" No click, no extension. No reminder? Head to the District Court of Utrecht for a refund.
Example 2: Old Streaming Subscription
A 2020 contract extends tacitly for three months. Cancel with one month's notice, no penalty. This is no longer permitted.
Example 3: Meal Kit
A 'free' trial box rolls over. Check the terms; if misleading, dissolve under art. 6:230e BW.
Frequently Asked Questions
Can I cancel during tacit renewal?
Yes, after one year on a monthly basis without reason. Keep proof.
No reminder received?
Extension invalid (art. 6:230m BW). Claim refund via your bank or Het Juridisch Loket Utrecht.
Applies to foreign services?
Yes, for NL-targeted ones like Netflix. Report to ACM via acm.nl or Het Juridisch Loket Utrecht.
Existing subscriptions?
Pre-2022 ones: max. 3 months extension. New renewals follow the new rules.
Tips for Utrecht Residents
Avoid hassle:
- Search for 'tacit renewal' in the terms.
- Set a calendar reminder 1 month before the end.
- Use model letters from the Consumers' Association or get advice from Het Juridisch Loket Utrecht.
- In disputes: start at Het Juridisch Loket Utrecht or the District Court of Utrecht.