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Negative Option in Amsterdam

Negative option prohibited in Amsterdam: learn your rights as an Amsterdammer. Do not pay for automatic subscriptions. Help via Juridisch Loket Amsterdam. (128 characters)

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Negative Option in Amsterdam

A negative option is an unfair sales tactic whereby a company in Amsterdam automatically delivers a product or service and charges for it, unless you as a resident explicitly refuse or cancel. This is prohibited under Dutch consumer law, which protects the free choice of Amsterdammers against such practices.

What does a negative option mean for Amsterdammers?

Example: you order concert tickets online for the Ziggo Dome and unexpectedly receive a monthly subscription to extra fan content, with automatic debit. It only stops if you cancel yourself. This is a typical negative option, where silence is taken as consent. Unlike a positive option, where you must actively choose, the provider here relies on the procrastination of busy city dwellers.

In Amsterdam, this often occurs with local webshops, subscription boxes, or add-on services for purchases at markets or online, where inertia leads to unexpected costs.

Legal protection against negative options

Dutch law, including for Amsterdam, strictly prohibits this. Key rules:

  • Article 6:237 BW: Agreements involving a negative option are null and void; you pay nothing and can return the product.
  • 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 enforces this nationwide, with fines. Since 2021, stricter EU rules apply to online tricks, relevant for Amsterdam shoppers.

Examples of negative options in Amsterdam

Common locally:

  1. Beauty and food boxes: A one-time purchase from an Amsterdam webshop leads to monthly €49.95 boxes unless you cancel.
  2. Telecom and energy: With an internet subscription, a 'free' streaming service with automatic debit.
  3. Events and tickets: Extras like insurance for festivals on Museumplein, pre-selected.
  4. Local subscriptions: Trial month with Amsterdam media or services that continue billing.

The trick lies in hidden text or pre-checked boxes on mobile.

Your rights as an Amsterdammer with negative options

Consumer rights:

  • Agreement null and void: No payment, free return (art. 6:237 BW).
  • Withdrawal: Terminate within 14 days (art. 6:230o BW).
  • Refund within 14 days (art. 6:230q BW).
  • File a complaint with the ACM, Amsterdam District Court, or dispute committee.

Your obligations:

  • Cancel in time to stop debit.
    • Keep screenshots, emails, and statements as proof.

    Comparison: negative vs. positive option

    Negative optionPositive option
    ConsentSilent (opt-out)Active (opt-in)
    Legal statusProhibited / null and voidPermitted
    RiskHigh (forgetfulness)Low (conscious choice)
    ExampleAutomatic box in AMSChecking extra service

    FAQ on negative options for Amsterdammers

    Do I have to pay for a negative option?

    No, null and void (art. 6:237 BW). Send a termination letter, demand refund. Dispute the debit with your bank.

    If it's already been delivered?

    Return free of charge, claim refund. Provide proof of cancellation for disputes at Amsterdam District Court.

    Can it happen again?

    No, prohibited. Report to ACM (acm.nl) or Juridisch Loket Amsterdam.

    Free trial periods?

    Continuing without cancellation = negative option, invalid. Check terms.

    Tips for Amsterdammers

    Avoid negative options:

    • Read terms for 'automatic renewal'.
    • Deselect pre-checked boxes.
    • Set a calendar reminder for cancellation.
    • Revoke SEPA authorization at your bank.
    • Report via ConsuWijzer.nl, ACM, or Juridisch Loket Amsterdam for advice and action.

    For help: Juridisch Loket Amsterdam (free) or check withdrawal rights at Amsterdam District Court.