Consumer Rights Directive
Navigation log
Table of Contents
Chapter I – Subject matter, definitions and scope
Chapter II – Consumer information for contracts other than distance or off-premises contracts
Chapter III – Consumer information and right of withdrawal for distance and off-premises contracts
Chapter IIIa – Rules concerning financial services contracts concluded at a distance
Chapter IV – Other consumer rights
Chapter V – General provisions
Chapter VI – Final provisions
Recitals (67)
Annexes
Chapter IIIa – Rules concerning financial services contracts concluded at a distance
Article 16c
Payment of the service provided before withdrawal
1. Where the consumer exercises the right of withdrawal under Article 16b, the consumer may only be required to pay for the service actually provided by the trader in accordance with the distance contract. The consumer shall pay for that service without undue delay. The amount payable shall not:
(a) exceed an amount which is in proportion to the extent of the service already provided in comparison with the full coverage of the distance contract;
(b) in any case be such that it could be construed as a penalty.
2. Member States may provide that consumers cannot be required to pay any amount for withdrawing from an insurance contract.
3. The trader may not require the consumer to pay any amount on the basis of paragraph 1 of this Article unless the trader can prove that the consumer was duly informed about the amount payable, in accordance with Article 16a(1), point (p). However, the trader may not require such payment if the trader commenced the performance of the contract before the expiry of the withdrawal period provided for in Article 16b(1) without the consumer’s prior request.
4. The trader shall, without any undue delay and no later than within 30 calendar days of the date on which the trader receives the notification of withdrawal, return to the consumer any sums the trader has received from him or her in accordance with the distance contract, except for the amount referred to in paragraph 1.
5. The consumer shall return to the trader any sums he or she has received from the trader without any undue delay and no later than within 30 calendar days of the date on which the consumer withdraws from the contract.
Related Recitals