Rechtspraak

  • Bijzonderheden van de zaak
    • Nationaal ID: ECLI:NL:RBMNE:2016:2935
    • Lidstaat: Nederland
    • Gangbare benaming:N/A
    • Soort beslissing: Rechterlijke beslissing, eerste aanleg
    • Datum beslissing: 01/06/2016
    • Gerecht: Rechtbank Midden-Nederland
    • Onderwerp:
    • Eiser: N/A
    • Verweerder: N/A
    • Trefwoorden: terms and conditions, unfair terms
  • Richtlijnartikelen
    Unfair Contract Terms Directive, link
  • Koptekst
    A cancellation clause in the general terms and conditions of an agreement between a professional seller and a consumer can be deemed unreasonably onerous if it contains an obligation for the consumer to pay a (large) monetary sum.
  • Feiten
    The plaintiff is an internet travel agency that offers holidays on an auction website, where buyers can bid for cheap holidays. The defendant was the highest bidder for an eight-day accomodation on Corfu. The holiday offer did not include a flight, and after winning the auction the defendant was not able to find a flight to Corfu on the right date. The defendant subsequently canceled her stay. In response, the plaintiff claimed cancellation costs of €352, which the defendant refused to pay.
  • Juridische kwestie
    Can a cancellation clause, that is incorporated in the general terms and conditions of an agreement between a professional seller and a consumer, be deemed unreasonably onerous?
  • Uitspraak

    The court states that a cancellation clause in the general terms and conditions of an agreement between a professional seller and a consumer is alleged to be unreasonably onerous if it obliges the consumer to pay a monetary sum. This is not the case if the costs prove a reasonable compensation for suffered damage or lost profit, according to Article 6:237 (i) DCC. Keeping in mind the nature of these cancellation costs, the plaintiff should have explained more extensively why the costs for the accommodation should be paid completely, now that the defendant cancelled the trip. The same goes for the tourist tax and local taxes. The court cannot grant these costs because the plaintiff failed to prove these costs were a reasonable compensation for suffered damage or lost profit. Because the court deems it probable that the plaintiff suffered some kind of damage, it grants a compensation of €50 to the plaintiff. Since the court ruled mainly against the defendant, it condemns the defendant to pay the legal costs and the amount of the compensation.

    URL: http://deeplink.rechtspraak.nl/uitspraak?id=ECLI:NL:RBMNE:2016:2935

    Integrale tekst: Integrale tekst

  • Verwante zaken

    Geen resultaten

  • Rechtsleer

    Geen resultaten

  • Resultaat
    The court condemns the defendant to pay the legal costs, the extrajudicial collection costs and a compensation for suffered damage of the plaintiff.