’Opt-out’ provisions in relation to the Dutch legal system
As per Article 5(3) of the Consumer Rights Directive, Member states may eliminate the application of the CRD where “off-premises” contracts are concerned provided that the consumer’s payment obligation does not exceed 50 euros.
For example, the Dutch legislature has implemented Article 5(3) of the CRD since obliging traders to provide all the required information in such cases imposes significant costs.
In case of “off-premise” contracts, the member states may limit the amount of pre-contractual information obligations that need to be given by the trader to the consumer. The limit on information obligations only apply where a consumer clearly approaches a trader and requests for their services in order to get something repaired or for the purpose of maintenance, both their contractual obligations will be performed immediately provided that the consumers payment obligations do not exceed 200 euros. For example the Dutch legislature has opted-out from implementing the previous provision since this will not generate any cost savings.
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