OpenLegislation

Article 34 Reminder notices of termination of subscription contracts

Original text. Later amendments are not shown.

(1)

This article applies to a subscription contract, except for a subscription contract for a recurring donation service or a society lottery service.

(2)

No charge is payable by the consumer—

(a)

as respects a subscription service where a consumer automatically incurs a charge, or recurring charges, for a specified duration only (“term-based subscription”), after the last cancellation date, or

(b)

as respects a subscription service where the period for the imposition of charges continues indefinitely (“subscription of indeterminate duration”), beginning with the period referred to in paragraph (4)(b),

unless the merchant has provided a notice to the consumer containing the information in paragraph (3).

(3)

The information is—

(a)

a brief description of the service to which the contract relates,

(b)

a reminder that—

(i)

as respects a term-based subscription, the subscription will be automatically renewed for the same duration as previously specified, unless the consumer terminates the contract in accordance with the consumer’s right under article 33 before the last cancellation date,

(ii)

as respects a subscription of indeterminate duration, the subscription will continue indefinitely unless the consumer terminates the contract in accordance with the consumer’s right under article 33, and

(c)

only as respects a term-based subscription, the last cancellation date.

(4)

The notice must be sent to the consumer in an appropriate medium and—

(a)

as respects a term-based subscription, not less than seven calendar days, but not more than 30 calendar days, before the last cancellation date, and

(b)

as respects a subscription of indeterminate duration, within the period of 14 calendar days beginning with the date falling 14 calendars days before each anniversary of the date that the contract was entered into by the consumer.

(5)

A notice sent under this article must be provided free of charge.

(6)

In this article—

  • “appropriate medium” has the meaning given in article 31(5);

  • “last cancellation date” means the last day on which the consumer could avoid becoming liable for a charge for the provision of content or the making available of a facility;

  • “recurring donation service” has the meaning given in article 28(6);

  • “society lottery service” has the meaning given in article 53(4);

  • “subscription contract” has the meaning given in article 8(5).