(1) Issuing a format letter for termination of a contract does not fall under the scope of Directive 85/577/EEC. However, national legislators are free to provide for more consumer protection. The lack of a model letter does not however, have the consequence of voidness of the contract. Voidness of the contract only comes into effect when the possibility to terminate the contract and/or the name and place to which this termination can be send are not mentioned in the contract. From the text of art. 24 Door-to-Door Sales Act cannot be derived that the legislator wanted to provide this extra protection to the consumer.
(2) Also the court decides that the agreement has to comply with art. 6:230m (h) DCC and the period of notice is extended when it does not comply.
URL: http://deeplink.rechtspraak.nl/uitspraak?id=ECLI:NL:RBMNE:2016:6421
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