Q&As

In a distance or off-premises contract for the supply of services which falls within the scope of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (CCR 2013), SI 2013/3134 to which the cancellation rights apply, where services are provided to a consumer within the 14-day cooling-off period under CCR 2013, SI 2013/3134, can you ask the consumer to waive their right to a cooling-off period? If so, what level of consent is required and is there any case law in this area?

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Published on LexisPSL on 11/03/2019

The following Commercial Q&A provides comprehensive and up to date legal information covering:

  • In a distance or off-premises contract for the supply of services which falls within the scope of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (CCR 2013), SI 2013/3134 to which the cancellation rights apply, where services are provided to a consumer within the 14-day cooling-off period under CCR 2013, SI 2013/3134, can you ask the consumer to waive their right to a cooling-off period? If so, what level of consent is required and is there any case law in this area?
  • Meaning of express request
  • What happens if a consumer requests for services to be provided during the cancellation period and then cancels the contract?
  • Loss of cancellation rights

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:

  1. has made an express request, and

  2. 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.

Meaning of express request

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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