Tacit Renewal of Subscriptions in Delft
In Delft, a tacit renewal of a subscription occurs when your contract automatically continues without you, as a resident, explicitly agreeing to it. This is common with annual gym memberships, streaming services, or monthly product boxes that keep running unless you take action. Thanks to legislation effective from 2022, residents of Delft are better protected against unexpected bills.
Why does the law regulate tacit renewal?
In the past, consumers in Delft were often caught off guard by ongoing subscriptions, such as those from local fitness clubs or online services. You thought you had canceled, but hidden clauses kept you paying. The government is addressing this 'take it or pay' issue to ensure fair competition and prevent misleading residents.
Legal basis
For tacit renewal of subscriptions in Delft, rules apply from the Dutch Civil Code (DCC), Book 6, Title 5, Section 2. Key provisions:
- Art. 6:236n DCC: Maximum minimum term is one year; no tacit extension without your consent.
- Art. 6:236o DCC: Extension only with new consent; 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 stems from the Implementation Act of the Digital Services Directive and the Unfair Commercial Practices Act. Pre-2022 contracts may extend tacitly for a maximum of three months.
What counts as a subscription in the Delft context?
Periodic payments for services or products, such as:
- Streaming (Netflix, Videoland)
- Local gyms like Basic-Fit Delft
- Meal kits (HelloFresh)
- Newspapers like the local AD Delft edition or software subscriptions
Pure one-off services are excluded.
Comparison of old and new regimes
| Aspect | Old regime (pre 1-1-2022) | New regime (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, always |
| Renewal reminder | Not required | Required 1-2 months before end |
Rights and obligations for residents of Delft
Your rights:
- Cancel during the term with full refund, no penalty.
- After one year: cancellable monthly without reason.
- In case of violation: terminate contract and get refund (Art. 6:236p DCC).
- No reminder? Renewal invalid.
Your obligations:
- Review terms and conditions at the start.
- Cancel via the correct channel (email, post).
- Keep proof of cancellation.
Practical examples for Delft
Example 1: Gym in Delft
You start a 12-month contract at a Delft gym in 2023. They send: 'Renew? Click now.' No action? It ends. No reminder? Take it to the District Court of The Hague for a refund.
Example 2: Old streaming contract (2020)
Tacitly extends for 3 months; cancel with 1-month notice, no penalty.
Example 3: Meal kit
'Free trial' continues. Check terms; terminate if misleading (Art. 6:230e DCC).
Frequently asked questions
Can I cancel a tacit subscription in Delft?
Yes, after one year, monthly without reason. For new ones: no tacit renewal. Keep proof.
No reminder received?
Renewal invalid (Art. 6:230m DCC). Claim refund via bank or Disputes Committee; consult the Delft Legal Aid Office.
Does this apply to foreign services?
Yes, if targeting the Netherlands. ACM oversight; report via acm.nl.
Existing subscriptions?
Old ones: max. 3 months tacit. Upon renewal: new rules apply.
Tips for residents of Delft
Avoid hassle:
- Search terms for 'tacit' or 'automatic'.
- Set a calendar reminder 1 month before end.
- Use sample letters from the Consumers' Association or Delft Legal Aid Office.
- For issues: free advice from Delft Legal Aid Office or Delft Municipality consumer desk.
- For legal action: District Court of The Hague.