Negative Option in Den Haag
A negative option is an unfair sales tactic where a company in Den Haag or elsewhere automatically delivers and charges for products or services unless the consumer actively opts out. This is prohibited under Dutch consumer law, specifically to safeguard the free choices of Den Haag residents.
What is a negative option in Den Haag?
Example for Den Haag shoppers: you order a local product from a webshop in the city center and suddenly receive a monthly box of Den Haag specialties, automatically billed. It only stops if you cancel it yourself. This is a classic negative option, relying on tacit approval rather than active consent as in a positive option.
It exploits consumer inertia in Den Haag: many forget to cancel, leading to unexpected costs. Common in subscriptions, surprise boxes, or add-ons with city purchases.
Legal protection against negative options
Dutch law, including for Den Haag, strictly prohibits this. Key rules:
- Article 6:237 BW: Agreements with negative options are void; Den Haag consumers do not have to pay and can return goods free of charge.
- Unfair Commercial Practices Act (implementing EU Directive): Annex I, point 2f explicitly lists it as a prohibited practice (art. 6:193b BW, blacklist).
- Article 6:230m BW: Prevents misleading suggestions of obligations.
The ACM enforces this nationwide with fines. Since 2021, stricter rules via EU implementation also cover online tricks affecting Den Haag internet users.
Examples of negative options in Den Haag practice
In Den Haag, this appears across various sectors:
- Beauty and local boxes: A one-time purchase at a Den Haag store leads to monthly €49.95 boxes unless canceled.
- Telecom and energy: Internet subscription includes a 'free' streaming service with automatic payment.
- Travel and tickets: Add-ons like insurance at Den Haag travel agencies, hidden in pre-checked fields.
- Online media: 'Free' trial month for newspapers or streaming that continues.
The trick often lies in fine print or pre-checked options on websites.
Rights and obligations with negative options in Den Haag
Consumer rights:
- Agreement void: No payment required, free return (art. 6:237 BW).
- Right of withdrawal: Terminate within 14 days (art. 6:230o BW).
- Refund within 14 days (art. 6:230q BW).
- File complaint with ACM, or Den Haag District Court for disputes.
Your obligations:
- Cancel in time to block charges.
- Keep proof such as emails and screenshots.
Comparison: negative vs. positive option
| Negative option | Positive option | |
|---|---|---|
| Consent | Tacit (opt-out) | Active (opt-in) |
| Legal status | Prohibited / void | Permitted |
| Risk | High (forgetting) | Low (conscious choice) |
| Example | Automatic box | Checking add-on |
Frequently asked questions about negative options in Den Haag
Do I have to pay for a negative option?
No, it is void (art. 6:237 BW). Send a termination letter, demand refund. Dispute charges with your bank.
What if it has already been delivered?
Return it free of charge, claim refund. Proof of cancellation helps with charge disputes.
Can it happen again?
No, permanently prohibited. Report to ACM (acm.nl) or Den Haag Legal Aid Office for advice.
Free trials?
Continuing without cancellation = negative option, invalid. Always read the terms.
Tips for Den Haag consumers against negative options
Prevent issues:
- Check terms: Look for 'auto-renewal' or cancellation info.
- Deselect checkboxes: Only check what you want.
- Reminders: Schedule cancellation dates in your calendar.
- SEPA mandate: Revoke with your bank if needed.
- Report: ConsuWijzer.nl, ACM or Den Haag Legal Aid Office (office in the city).
For help: Den Haag Legal Aid Office or Den Haag District Court. See also right of withdrawal.
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