Negative Option
A negative option is an unfair sales tactic where a company in Rotterdam automatically delivers and charges for products or services unless you, as a consumer, actively refuse or cancel. This is prohibited under Dutch consumer law, which protects the free choice of Rotterdam residents against such practices.
What Does a Negative Option Mean for Rotterdam Residents?
Example: You order a product from a Rotterdam webshop and suddenly receive a monthly box of port-related gadgets, automatically charged. It only stops if you intervene yourself. This classic example of a negative option differs from a positive option, where you must consciously choose. Companies bank on inertia: many Rotterdam residents forget to cancel, leading to unexpected costs from subscriptions or add-ons with purchases.
Legal Protection Against Negative Options
Dutch law, including for Rotterdam, strictly prohibits this. Key rules:
- Article 6:237 BW: Agreements with negative options are null and void; you pay nothing and can return items.
- Unfair Commercial Practices Act (2008): Annex I, point 2f explicitly lists it as a prohibited practice (art. 6:193b BW).
- Article 6:230m BW: Against misleading suggestions of obligations.
The ACM oversees this nationwide, but for disputes, you can go to the District Court of Rotterdam. Stricter EU rules against online tricks have applied since 2021.
Examples of Negative Options in Rotterdam
In the Rotterdam area, this often occurs:
- Beauty and local boxes: A one-time purchase from a Maasstad webshop leads to €49.95 monthly unless you cancel.
- Telecom and energy: 'Free' streaming with an internet subscription, automatically charged.
- Travel and events: Extra add-ons with Feyenoord tickets that you must uncheck.
- Online services: Trial month for newspapers that continues without action.
Often hidden in fine print or pre-checked boxes.
Your Rights as a Rotterdam Consumer
Rights:
- Agreement null and void: no payment, free return (art. 6:237 BW).
- Right of withdrawal: 14 days to cancel (art. 6:230o BW).
- Refund within 14 days (art. 6:230q BW).
- File a complaint with Juridisch Loket Rotterdam, ACM, or dispute committee at District Court of Rotterdam.
Obligations:
- Cancel in time to stop charges.
- Keep proof such as emails and screenshots.
Comparison: Negative vs. Positive Option
| Negative Option | Positive Option | |
|---|---|---|
| Consent | Silent (opt-out) | Active (opt-in) |
| Legal Status | Prohibited / null and void | Permitted |
| Risk | High (forgotten) | Low (conscious click) |
| Example | Auto-box | Check extra |
Frequently Asked Questions About Negative Options in Rotterdam
Do I have to pay for a negative option?
No, null and void (art. 6:237 BW). Send a cancellation letter and demand a refund. Dispute the charge with your bank.
What if it's already been delivered?
Return it free of charge and claim a refund. Proof of cancellation helps at the District Court of Rotterdam.
Can it happen again?
No, it's prohibited. Report to ACM or Juridisch Loket Rotterdam.
Free trial?
Continuation without cancellation = negative, invalid. Always read the terms.
Tips for Rotterdam Residents Against Negative Options
Protect yourself:
- Scan terms for 'auto-renewal'.
- Check and uncheck using Municipality of Rotterdam shopping tips.
- Set a calendar reminder for cancellation.
- Revoke SEPA with your bank.
- Report via ConsuWijzer or Juridisch Loket Rotterdam (088-0107070).
For help: contact Juridisch Loket Rotterdam or check withdrawal rights.