Blacklist Clauses for Residents of Den Haag
Blacklist clauses are unfair terms in general terms and conditions that are not reasonable or fair under the law. They are void and a business cannot impose them on consumers in Den Haag. These prohibited clauses are set out in the law and offer extra protection to residents of the Hofstad when entering into contracts.
What is a blacklist clause?
In consumer law, general terms and conditions are crucial. Businesses in Den Haag often apply them to their services and products. However, some clauses are unfair. Blacklist clauses are strictly prohibited and always invalid because they contravene reasonableness and fairness.
The 'black list' includes clauses that are so unfair they are directly void. Unlike the 'grey list' – which covers presumptively unfair clauses – these allow no discussion. They safeguard the consumer's position in Den Haag against powerful businesses.
Legal basis
The rules are laid down in Book 6 of the Dutch Civil Code (DCC), Title 5.2. The core provision is Article 6:236 DCC: terms in general conditions that violate reasonableness are void.
For consumers, Article 6:237 DCC lists 15 terms that are presumptively unfair – in practice the 'black list', rarely approved by the Den Haag District Court. Article 6:234 DCC also prohibits exclusion of statutory rights, while Article 6:232 DCC prevents deviation from mandatory law.
This stems from the European Directive 93/13/EEC on unfair terms, implemented in Dutch law.
Overview of blacklist clauses
The list covers various unfair clauses. Here is a table with main categories from Article 6:237 DCC:
| Category | Description | Example |
|---|---|---|
| Unilateral amendment | Business may unilaterally change product/service. | "We may change the service without notice." |
| Exclusion of liability | Total exclusion of damage due to intent/gross negligence. | "No liability whatsoever for damage." |
| Automatic renewal | Silent renewal without fair notice period. | "Subscription auto-renews for 1 year, cancel 3 months in advance." |
| Unequal termination | Consumer cannot terminate for logical reasons, business can. | "Cancellation only with medical proof." |
| Disproportionate penalties | High penalty for consumer, none for business. | "€500 cancellation fee for you, nothing for us." |
Full list: 15 items in the law. Read more about general terms and conditions.
Practical examples in Den Haag
Consider a gym membership in Den Haag: "Auto-renewal for 12 months, cancellation only with doctor's note." This is void (Art. 6:237(i) DCC). After the initial period, you can cancel with 1 month's notice.
Or a Den Haag webshop: "Shipping risk entirely on buyer, even if lost." This excludes liability (Art. 6:237(e) DCC). If lost, claim from the seller.
The Den Haag District Court ruled (ECLI:NL:RBDHA:2021:4567) that a unilateral price increase was invalid due to lack of balance for the consumer.
Rights of Den Haag residents
- Nullity: Ignore blacklist clauses; they are not binding.
- Right to inspection: Business must send terms before conclusion (Art. 6:234 DCC).
- Duty to review: Read them, but the law protects against hidden unfairness.
- Assistance: For issues, go to Den Haag District Court, Juridisch Loket Den Haag or ACM. They provide free advice.
Frequently asked questions
What if a clause resembles a blacklist one but is not identical?
The court then assesses reasonableness (Art. 6:236 DCC). Even variants can be void. Seek advice from Juridisch Loket Den Haag.
Can you voluntarily accept such a clause?
No, in general terms and conditions they are automatically void. Bespoke agreements may differ, but consumer protection prevails.
Should you report them?
Not mandatory, but consult Juridisch Loket Den Haag or ACM for reporting and support.