Regulation 33 Reminder notices: modification of requirements in section 258 of the DMCCA

(1)

Section 258 of the DMCCA (reminder notices) applies in relation to a subscription contract that includes a relevant concessionary period (see paragraph (2)) as if in subsection (3)(a), the reference to the first renewal payment for which the consumer will become liable under the contract were to the first renewal payment for which the consumer will become liable under the contract at a rate higher than the original rate^f1.

(2)

For the purposes of this regulation a subscription contract includes a relevant concessionary period if it is a contract that contains terms which have the effect of providing—

(a)

for the supply of goods, services or digital content to a consumer at one fixed rate of charge specified in the contract (the “fixed original rate”), for a period beginning with the day on which the supply under the contract begins and ending with a day specified in the contract,

(b)

for the consumer to become automatically liable for at least one renewal payment^f2 at the fixed original rate, for supplies during that period, and

(c)

for the consumer to become automatically liable for renewal payments at a rate higher than the fixed original rate for supplies after that period.

Annotations

Footnotes

f1: For the purposes of a subscription contract that includes a “relevant concessionary period”, the “original rate” (see section 254(3)(a) of the DMCCA) is the “fixed original rate” as defined in regulation 33(2)(a).
f2: See section 258(7) of the DMCCA for the meaning of “renewal payment”.