You always enter into a contract or subscription for a fixed period of time. Many consumers think that the contract ends automatically after this period, but this is often not the case. In fact, if you do not take action yourself, a contract or subscription is tacitly renewed. There is then no longer a fixed-term contract, but an open-ended contract. A company does not have to inform you of this, which is why it is called a tacit extension. Wondering what rules apply to the tacit extension of contracts and subscriptions? On this page, we tell you all about it.
Legal rules apply to the tacit renewal of contracts and subscriptions. Companies and organisations must comply with them. Incidentally, the same rules do not apply to every contract or subscription. For example, different rules apply to subscriptions to newspapers and magazines than to subscriptions to lotteries, charities and gyms. If a contract or subscription has been tacitly renewed, this generally has termination implications.
Temporarily renewing a trial subscription
Have you taken out a trial subscription? Then you don't have to worry that it will be tacitly renewed. This is because companies are not allowed to tacitly extend trial subscriptions. A trial subscription will therefore always end after the agreed period. It is therefore not necessary to cancel a trial subscription yourself.
Your rights in the case of an automatic renewal
As a subscriber, you have a number of rights after a tacit renewal of your subscription. Many people are just not aware of this. A pity, because this means you may keep a subscription on unnecessarily long. That is why we list your rights in the event of automatic renewal.
Dam's Law and tacitly renewed contracts
While tacit renewal of contracts and subscriptions is possible, it is subject to certain rules. This is thanks to the van Dam Act. Thanks to this law, a fixed-term subscription may only be renewed for a maximum of 1 month each time after its expiry date. However, it is allowed to extend a subscription several times by 1 month. Hence, after a first extension, there is actually always a subscription for an indefinite period. Moreover, the Dam Law allows you to cancel a subscription at any time.
For newspaper and magazine cancellations, Dam's Law is somewhat different. For instance, a subscription to a newspaper or magazine may be extended for a maximum of 3 months each time. Moreover, you can only cancel the subscription at the end of the period.
Contracts you conclude as a consumer may be tacitly renewed at the end of the term for a certain period. For business contracts, the situation is slightly different. While self-employed people are often protected by the Dam Law, this does not apply to other companies. They usually have to abide by the general terms and conditions related to the subscription. These often state what the duration is, when cancellation is possible and how long in advance they must do so.
If, as a consumer, you want to get out of a contract or subscription, you have to cancel it yourself. Don't you do this? Then a tacit extension will take place at the end of the term. To prevent this from happening, here we tell you exactly how tacit renewal and cancellations work for different products and services.
Lotteries
Do you play the National Postcode Lottery, State Lottery or Lotto? Then your subscription will be tacitly renewed after the fixed period if you do not cancel it. After this renewal, you can cancel a lottery at any time. The notice period may not exceed 1 month.
Good causes
Do you no longer wish to donate to Oxfam Novib, the Dutch Heart Foundation or KWF Kankerbestrijding? Then you must stop your donation. The big advantage of cancelling charities is that there is no notice period. This allows you to stop an automatic donation to a charity at any time.
Insurance
A new insurance policy often has a term of one year. Do you want to get out of the insurance after this period? Then you have to cancel your insurance. If you don't, the contract will automatically be converted into an open-ended contract. Insurers like AEGON, Centraal Beheer and Chubb European Group are allowed to extend your insurance with a maximum of 1 month each time. From the first extension, you can cancel insurance on a daily basis. Please note that a notice period of 1 month applies.
Fitness and gyms
Do you want to cancel your gym membership? Then you have to deal with a notice period. If Basic Fit or Fit for Free has tacitly renewed your subscription after the first contract period, you can cancel it at any time. A notice period of 1 month will then apply. When you are still in the first contract period, you can only cancel your subscription at the end of this period.
Newspapers and magazines
Cancelling a newspaper or magazine is subject to different rules from the others we cover in this list. A subscription to the Telegraaf, Het Parool or Libelle can be renewed tacitly for a maximum of three months. If you cancel your subscription within this period, a notice period of 1 month applies. However, the subscription will continue until the date on which the tacit renewal ends.
Television and internet
Do you have television and internet from Ziggo, UPC or KPN and want to get out of your subscription? Then you have to cancel your television and internet subscription. Within which period this can be done depends on the status of your subscription. After an initial renewal, you can cancel at any time. A notice period of 1 month then applies. Has no tacit renewal taken place yet? Then cancellation is only possible at the end of the subscription period.
Energy
You can cancel an energy contract at the end of its term if it is a fixed-term subscription. Has Budget Energie, Essent or SEPA Green tacitly renewed your contract one or more times in the interim? Then you can cancel your contract any day. Incidentally, do not think that your contract will also be terminated immediately, as a notice period of 1 month applies.
Online services
Many Dutch people nowadays subscribe to online services such as NPO Plus, Netflix, Videoland and/or Spotify. Do you barely use one or more of these services? Then you can cancel online services to save money. If it is an open-ended subscription, you can cancel it today. Your subscription will then end in 1 month. If it is a fixed-term subscription, you can only get out of this after the agreed period.
Pay and borrow
Do you own a credit card? Then you have taken out a subscription for this. If you no longer want to use your credit card or simply want to get out of your subscription, you will probably want to cancel it. You can cancel a Visa World Card, ANWB VISA and ING Credit Card free of charge after 1 year. For these pay and borrow services, a notice period of 2 weeks rather than 1 month does not apply.
Rental agreement
Do you want to leave a rental property? Then you must terminate your rental contract your [rental contract cancellation](rental contract cancellation). To do this, send a registered letter to the landlord. In most cases, you will also be faced with a notice period when terminating a tenancy agreement. There is often a minimum notice period of 1 month. The maximum notice period of a rental contract is 3 months. You can give notice at any time. If you have agreed a minimum rental period with the landlord, the rental contract only ends when this rental period has ended.
Employment contract
An employer must terminate a temporary employment contract if he does not want it to be renewed. He must do this before the contract expires. Does an employer not hear from you and you as an employee still come to work after the expiry date? Then the contract is tacitly extended for the same period as the previous agreement.
May my subscription be renewed automatically?
Yes, a subscription may be tacitly renewed. For most subscriptions, they may be tacitly renewed for a maximum of 1 month. Only newspaper and magazine subscriptions may be automatically renewed for 3 months each time.
How does tacit renewal work?
A subscription is automatically renewed when the subscription period has ended and you have not cancelled. In this case, it is no longer a fixed-term subscription, but an open-ended subscription.
With what duration may a subscription be tacitly renewed?
A subscription may often be tacitly renewed for a maximum of one month. Newspapers and magazines are an exception. In fact, such subscriptions may be renewed automatically for 3 months if you do not cancel them yourself.
What about cancelling during a fixed subscription period?
You can cancel a subscription during a fixed subscription period, but the subscription only ends after this period has ended.
May trial subscriptions be renewed?
Trial subscriptions may only be renewed if you have given your express consent. If you have not done so, a trial subscription may not be tacitly renewed. In that case, such a subscription ends automatically on the agreed date.