Reflection period on services (right of withdrawal)
The right of withdrawal applies not only to products, but also to services ordered remotely. Examples of such services include advice, but also a hosting package, a course or a telephone subscription. For services, however, specific rules apply again, which we would like to explain in this blog. To keep the overview, we distinguish between services that are provided once and ongoing memberships.
Service provided in full
Some services are performed once, an example of such a service is a one-time consultation . In principle, such services are subject to the right of withdrawal when ordered remotely. However, a service is often not returnable, hence some specific rules apply. The right of withdrawal only expires when a consumer has agreed to the full delivery of the service within the cooling-off period and has also explicitly waived the right of withdrawal. Thus, 3 conditions apply:
- The consumer must agree to start delivery of the service within the reflection period.
- The consumer must declare to waive his right of withdrawal.
- The service must actually be delivered in full.
Thus, the right of withdrawal expires only when a service has already been delivered in full and the consumer has also agreed to it. During the ordering process, you must therefore explicitly ask the customer if the service can be delivered immediately and you must also have the consumer declare that they thereby waive their right of withdrawal. You could do this by creating a checkbox in the ordering process with a text like "I consent to direct delivery of this service and thereby waive my right of withdrawal." Even after checking this statement, the right of withdrawal does not expire immediately; only when you have delivered the service in full does the right of withdrawal expire. It is also possible to start the provision of the service only 14 days after the request. In that case you do not need to ask for explicit permission and you run less risk as a company. However, the question is whether a consumer likes to wait 14 days. In the case of services that run longer such as hosting and maintenance contracts, the service is not fully delivered within the cooling-off period and therefore the right of withdrawal does not expire. We would therefore like to elaborate on ongoing services. 
The right of withdrawal also applies to (mobile) phone subscriptions, energy contracts and other ongoing services (Screenshot KPN)
Continuing service / membership
More often we see services that are provided over a period of time. Examples of such services are hosting, telephone subscriptions, courses and maintenance contracts. For these services, the regulations are a bit more complex. Basically, these services are simply subject to the right of withdrawal. Therefore, to avoid incurring costs, you can choose not to provide the service until after the 14-day cooling-off period. However, in many cases like hosting, a customer wants to start the service as soon as possible. In those cases, you should explicitly ask the customer to deliver the service right away. This can be done, for example, by including an option during the ordering process where the customer chooses to start delivery of the service immediately. A simple solution to this is to include, for example, a checkbox with a text such as "I agree to immediate delivery of this service, when using my right of withdrawal, costs will be deducted in proportion to use." However, the fact that you start the delivery of the service immediately does not mean that the customer completely waives her right of withdrawal! The right of withdrawal continues to apply, but the customer must pay in proportion to the use of the service. Has someone signed a hosting package of €365,- per year and decides to cancel the agreement after 9 days? In that case, he only pays for the 9 days he used the service. In this example that is €9,-. No additional costs may be charged for administration, etc. You still have to ask explicit permission to provide the service immediately. If you don't, you can't charge any costs if the customer wants to cancel the contract.
Excepted services
Also for services there are several exceptions for which the right of withdrawal does not apply.
- Rental of accommodation, transportation of goods, car rental services, catering and services related to leisure activities, if the contract provides for a specific time or period of performance; Thus, this includes, for example, tickets, events and travel.
- For services where the consumer has specifically requested the trader to visit him to make urgent repairs or maintenance there. For example, if you call an electrician because your electricity has stopped working.
- For services that are very sensitive to fluctuations in the financial market beyond the trader's control. For example, betting and lotteries.
Services for businesses
The right of withdrawal is consumer legislation. Therefore, the cooling-off period need not apply to businesses as well. However, indicate that clearly! Therefore, state clearly when an order is final and until when cancellation is still possible.
When does the 14-day period start?
For services, the 14-day withdrawal period starts on the day the contract is concluded. Unlike products, therefore, the period does not start on the day of delivery.
Don't forget to inform!
Also for services, you must inform the consumer in advance about the rights of withdrawal. If you don't do this, the cooling-off period is extended, just as with products, until the moment you have done so (with a maximum of 1 year). This can mean that a consumer can still cancel the service after six months. So always be clear to the consumer whether the right of withdrawal applies and how the customer can make use of it.
Pointing out the right of withdrawal to visitors is mandatory (Screenshot Ben.nl)
The legal basis
As always, we think it is important to also mention the legal basis of this regulatory, should you wish to read through it yourself, you can do so through the following sources: