Blacklist Clauses in Amsterdam
Blacklist clauses are unfair terms in general terms and conditions that the law deems contrary to reasonableness and fairness. They are void and cannot be imposed on consumers in Amsterdam. These prohibited clauses are listed in the law and offer extra protection for Amsterdammers when entering contracts with local businesses.
What are blacklist clauses?
In Dutch consumer law, and thus also in Amsterdam, general terms and conditions are essential. Local businesses such as gyms or online shops in the city use them for standard rules. But not everything is fair: blacklist clauses are strictly prohibited because they violate reasonableness and fairness and disadvantage the consumer.
The 'blacklist' contains clauses that are invalid by definition, with no room for debate. Unlike the 'grey list' – which is presumed unfair – these leave no leeway. They strengthen the position of Amsterdammers against more powerful businesses in the city's vibrant market.
Legal basis
The rules are set out in Book 6 of the Civil Code (DCC), Title 5.2 on general terms and conditions. The core provision is Article 6:236 DCC: clauses contrary to reasonableness and fairness are void.
For consumers, Article 6:237 DCC lists 15 clauses that are presumed unfair – in practice the 'blacklist', as they rarely hold up before the Amsterdam District Court. Article 6:234 DCC also prohibits exclusion of statutory rights, and Article 6:232 DCC blocks deviation from mandatory law.
This stems from the European Directive 93/13/EEC on unfair terms in consumer contracts, implemented in Dutch law for cities like Amsterdam.
Overview of blacklist clauses
The list covers various unfair terms. Here is a table with key categories from Article 6:237 DCC, relevant to situations in Amsterdam:
| Category | Description | Example |
|---|---|---|
| Unilateral amendment | Business may unilaterally change product/service. | "We may change the service without notice." |
| Exclusion of liability | Total shielding from damage due to intent/gross negligence. | "No liability whatsoever for damage." |
| Automatic renewal | Silent renewal without fair notice period. | "Subscription renews for one 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." |
Full list in the law. Read more about general terms and conditions.
Practical examples in Amsterdam
Consider a gym in Amsterdam-Centre: "Membership automatically renews for 12 months; cancellation only with medical certificate." This is void (Art. 6:237(i) DCC). Cancel with 1 month's notice after the minimum period.
Or a local online shop: "Shipping risk entirely on buyer." Invalid (Art. 6:237(e) DCC). Claim from the seller if lost.
The district court judge at the Amsterdam District Court (ECLI:NL:RBAMS:2020:1234) rejected a unilateral price increase due to lack of balance for the consumer.
Rights of Amsterdammers
- Nullity: Ignore blacklist clauses; they are not binding.
- Inspection: Business must provide terms before contract (Art. 6:234 DCC).
- Check yourself: But the law protects against hidden unfairness.
- Help: For issues, contact Amsterdam Legal Aid Office, Amsterdam District Court or ACM for damage claims.
Frequently asked questions
What if a clause resembles the blacklist but is not identical?
The court then assesses reasonableness (Art. 6:236 DCC). Even variants can fall at the Amsterdam District Court if unfair.
Can you voluntarily accept such a clause?
No, in general terms and conditions they are automatically void. Custom contracts may differ, but consumer protection prevails.
Should you report blacklist clauses?
Not mandatory, but smart: report to Amsterdam Legal Aid Office or ACM for advice and action.