The following Commercial Q&A provides comprehensive and up to date legal information covering:
Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134, reg 36(1), a trader must not begin the supply of services before the end of the cancellation period (ie the end of the 14 days after the day on which the contract is entered into), unless the consumer:
has made an express request, and
in the case of an off-premises contract, has made the request on a durable medium
As to the meaning of ‘durable medium’, see Practice Note: Distance, doorstep and on-premises sales.
The CCR 2013 does not define ‘express request’ and we are not aware of any case law on this specific point. However, the DG Justice Guidance on the Consumer Rights Directive 2011/83/EU (implemented in the UK, in the most part, by the CCR 2013), provides that:
‘By analogy with the rules on additional payments…the terms ‘express request/consent’ in this context should be interpreted as implying a positive action by the consumer, such as ticking a box on the website. The use of a pre-ticked bo
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