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
Recital 50
(50) On the one hand, the consumer should benefit from his right of withdrawal even in case he has asked for the provision of services before the end of the withdrawal period. On the other hand, if the consumer exercises his right of withdrawal, the trader should be assured to be adequately paid for the service he has provided. The calculation of the proportionate amount should be based on the price agreed in the contract unless the consumer demonstrates that that total price is itself disproportionate, in which case the amount to be paid shall be calculated on the basis of the market value of the service provided. The market value should be defined by comparing the price of an equivalent service performed by other traders at the time of the conclusion of the contract. Therefore the consumer should request the performance of services before the end of the withdrawal period by making this request expressly and, in the case of off-premises contracts, on a durable medium. Similarly, the trader should inform the consumer on a durable medium of any obligation to pay the proportionate costs for the services already provided. For contracts having as their object both goods and services, the rules provided for in this Directive on the return of goods should apply to the goods aspects and the compensation regime for services should apply to the services aspects.