Black List Clauses
Black list clauses are unfair provisions in general terms and conditions that are null and void under the law and unenforceable against consumers in Rotterdam. They are explicitly listed in the law and provide Rotterdammers with additional safeguards when entering into contracts with local businesses.
What are black list clauses?
Under Dutch consumer law, including in Rotterdam, general terms and conditions are crucial. Businesses in the port city use them to set standard rules for services such as gym memberships or online shops. Black list clauses are prohibited provisions that violate reasonableness and fairness and are always invalid in consumer contracts.
The 'black list' includes provisions so unfair that they are directly null and void, unlike the 'grey list' of presumptively unfair clauses. This protects Rotterdammers against imbalances of power with businesses.
Legal basis
The rules are set out in Book 6 DCC, Title 5.2 on general terms and conditions. The core provision is Article 6:236 DCC: provisions contrary to reasonableness and fairness are null and void. For consumers, Article 6:237 DCC lists 15 provisions that almost always fail in court. Article 6:234 DCC also prohibits exclusion of statutory rights, and Article 6:232 DCC blocks deviations from mandatory law.
These provisions stem from the EU Directive 93/13/EEC, implemented in Dutch legislation that also applies in Rotterdam.
Overview of black list clauses
The list in Article 6:237 DCC covers various unfair provisions. Here is a table with key categories relevant to Rotterdam situations:
| Category | Description | Example (Rotterdam context) |
|---|---|---|
| Unilateral amendment | Business may unilaterally change product/service. | "We may change the harbor tour without notice." |
| Exclusion of liability | Full exemption for intent or gross negligence. | "No liability for damage caused by our fleet." |
| Automatic renewal | Silent renewal without fair notice period. | "Gym membership auto-renews for 1 year, cancel 3 months in advance." |
| Unequal termination | Consumer cannot terminate, business can. | "Cancellation only with doctor's note." |
| Disproportionate penalties | High penalty for consumer, none for business. | "€500 cancellation fee for you, nothing for us." |
The full list of 15 provisions is in the law. See also our article on general terms and conditions.
Practical examples in Rotterdam
Consider a gym in Rotterdam-South: "Membership auto-renews for 12 months, cancellation only with medical certificate." This is null and void (art. 6:237(i) DCC). You may cancel with 1 month's notice after the minimum period.
Or a local online store: "Shipping risk entirely on buyer, even if lost in the port city." This excludes liability (art. 6:237(e) DCC). If lost, you can hold the seller accountable.
The Rotterdam District Court ruled (ECLI:NL:RBROT:2021:4567) that a unilateral price increase in terms and conditions was invalid, in favor of the Rotterdam consumer.
Rights and obligations of Rotterdammers
- Nullification: Ignore black list clauses; they do not bind you.
- Inspection: Business must send terms before conclusion (art. 6:234 DCC).
- Review: Read them yourself, but the law protects against hidden unfairness.
- Remedy: If enforced: go to Rotterdam District Court, Rotterdam Legal Aid Office or ACM.
If in doubt: call the Rotterdam Legal Aid Office for free advice, or check the Municipality of Rotterdam for consumer information.
Frequently asked questions
What if a provision resembles a black list clause but is not identical?
The court then tests it against reasonableness and fairness (art. 6:236 DCC). Even variants can be null and void. Seek advice from Rotterdam Legal Aid Office.
Can you voluntarily accept such a clause?
No, in general terms and conditions they are automatically null and void. Custom contracts may differ, but consumer protection prevails.
Should you report them?
Not mandatory, but report to the ACM or Authority for Consumers & Markets for enforcement. Rotterdam Legal Aid Office can help with next steps.