Tacit Renewal of Subscriptions in Tilburg
In Tilburg, a tacit renewal of a subscription occurs when your contract automatically continues without you, as a resident, explicitly agreeing to it. This often happens with annual contracts for gyms, streaming services, or product boxes that roll over monthly unless you take action. Laws introduced since 2022 have restricted these practices to protect Tilburg residents from unexpected bills.
Why does the law regulate tacit renewal?
In the past, consumers in Tilburg and elsewhere were frequently surprised by ongoing subscriptions. For instance, at fitness clubs on Korvelboulevard or with meal kits: you thought you had cancelled, but hidden clauses kept the payments coming. The government is tackling this 'take it or pay' system, as it disadvantaged honest businesses and encouraged consumer complacency.
Legal Basis
Tacit renewal of subscriptions in Tilburg is governed by the Dutch Civil Code (DCC), Book 6, Title 5, Section 2 (Distance Contracts). Key articles:
- Art. 6:236n DCC: Maximum minimum duration is one year. No automatic renewal thereafter without your explicit consent.
- Art. 6:236o DCC: Renewal requires a new agreement. Tacit consent is not permitted for contracts after 1 January 2022.
- Art. 6:230m DCC: Companies must send a reminder 1-2 months before expiry, including cancellation details.
These rules stem from the Implementation Act of the Digital Services Directive (Bulletin of Acts and Decrees 2020, 565) and the Unfair Commercial Practices Act (UCPA). Pre-2022 contracts: maximum three months tacit extension after one year (former Art. 6:236n DCC).
What counts as a subscription in Tilburg?
A subscription involves recurring payments for services or products, typically monthly or annually. Examples in Tilburg:
- Streaming (Netflix, Videoland)
- Fitness at Basic-Fit or local gyms
- Meal kits (HelloFresh)
- Newspapers like Brabants Dagblad or software subscriptions
Not all services qualify, such as one-off consultations with a Tilburg physiotherapist.
Old vs. New Regime: Overview
| Aspect | Old regime (before 1-1-2022) | New regime (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, always |
| Renewal reminder | Not mandatory | Mandatory 1-2 months prior |
Rights and Obligations for Tilburg Residents
Your rights:
- Cancel during the minimum term without penalty, paying only pro rata.
- After one year: cancellable monthly, no reason required.
- In case of breach: terminate the contract and claim a refund (Art. 6:236p DCC).
- No reminder received: renewal is invalid.
Your obligations:
- Review the terms and conditions thoroughly at the outset.
- Cancel via official channels (email, app, post).
- Retain proof of cancellation.
Practical Examples from Tilburg
Example 1: Gym Subscription
You start a 12-month contract at a Tilburg gym in 2023. They send: "Renew? Click here!" No click? It ends. No reminder? Seek a refund at the District Court of Zeeland-West-Brabant in Breda.
Example 2: Old Streaming Contract (2020)
Automatically extends for 3 months. Cancel with 1 month's notice, no penalty. Now prohibited for new contracts.
Example 3: Meal Kit
'Free' trial month rolls over. Check the terms; if misleading, terminate under Art. 6:230e DCC.
Frequently Asked Questions
Can I cancel a tacit subscription?
Yes, after one year on a monthly basis without giving a reason. New contracts have no tacit renewal. Keep proof. Contact Tilburg Legal Aid Office for advice.
No reminder received?
Renewal is invalid (Art. 6:230m DCC). Request a refund via bank chargeback, the Disputes Committee, or the district court in Breda.
Does this apply to foreign services?
Yes, if targeted at the Netherlands (e.g., Netflix NL). ACM oversight; report at acm.nl.
What about existing subscriptions?
Pre-2022: max. 3 months tacit renewal. Upon renewal: new rules apply.
Tips for Tilburg Residents
Avoid hassle:
- Search terms and conditions for 'tacit renewal'.
- Set a calendar alert 1 month before expiry.
- Use the model cancellation letter from Consumentenbond or Tilburg Legal Aid Office.
- For help: call Tilburg Legal Aid Office or visit the Municipality of Tilburg website.
- District Court of Zeeland-West-Brabant (Breda location) for disputes.