you are here: It depends on which law is applicable to your contract. Indeed, there is no general rule in Europe. In some countries, the automatic renewal of a contract is governed by specific rules. You can find below some examples:
In Luxembourg, the trader must mention the renewal and termination possibilities in the terms and conditions of the contract.
In Belgium, automatic renewal must be written in bold in a box on the first page of the contract, and should explain that after a first renewal the consumer can terminate the contract free of charge with a maximum of two months’ notice.
In France, the trader must clearly inform the consumer at the earliest three months and at the latest one month before the automatic renewal of the contract about the possibility to terminate the contract. The deadline for non-renewal must be indicated in a visible box. If the consumer does not receive this information, he may terminate the contract at any time. The trader must reproduce the relevant articles of the French Consumer Code in full in the general terms and conditions of the contract.
In Germany, automatic renewal of a contract is only allowed for an indefinite period of time and with a maximum notice period of one month.
There may be specific rules in certain sectors such as insurance, communication sector, etc…
In any case, we advise you to read the general terms and conditions of the contract, which always specify how the possible automatic renewal of the contract is regulated, but also the possibilities of termination.
The answer to this question depends on whether German or Luxembourg law applies.
In Germany, the so-called “Bestellerprinzip” applies in principle to the letting of residential property. This means that the person who has commissioned the agent must pay the agent’s commission. Under Luxembourg law, the tenant can be engaged to pay the commission even if the landlord has commissioned the broker.
Since in this case the property is located in Germany, the landlord resides in Germany and the broker was commissioned by the landlord, there is a predominant reference to German law, which thus, in our opinion, applies.
In this respect, the “Bestellerprinzip” is, in our opinion, also applicable if – as in our case – Mr. M. and the broker are domiciled in Luxembourg. That is why the broker’s commission in the present case and in our opinion has to be paid by the landlord and not by Mr. M.
Belgium
For insurance contracts with a term of more than 30 days, the law provides for a right of withdrawal. The withdrawal period is 30 days for life insurance contracts and 14 days for other insurance contracts. The period begins upon receipt of the signed contract by the insurer (article 57 of the law on insurance of April 4, 2014).
France
Legally there is no right of withdrawal provided for insurance contracts. However if you have not concluded the insurance contract on the premises of an agency or insurance but, for example, online, by phone or at home, you can have a right of withdrawal of 14 days.
Germany
For insurance contracts (with a term of more than one month), you have the right to cancel the contract within 14 days. The period begins upon receipt of the insurance documents, which must also include information on the right of withdrawal.
Luxembourg
Legally there is no right of withdrawal provided for insurance contracts. However if you have not concluded the insurance contract on the premises of an agency or insurance but, for example, online, by phone or at home, you can have a right of withdrawal of 14 days.
In Luxembourg, in Belgium as well as in France, the trader can freely fix the terms and conditions for his gift cards. Thus a gift card whose date has expired is no longer valid. However, as a good will gesture, certain traders accept to extend the validity date or to reimburse the consumer. This is however not a legal obligation.
In Germany, according to the law, gift cards can be limited in time, however the validity period of the card cannot be too short. As for example, a Court in Munich considered that the delay of one year was not sufficient. German law also allows for a reimbursement of the gift card, if it is not used during the validity period (the seller could apply some fees).
This is “phishing”. Fraudsters are using this method to get hold of your personal data in order to access your account. A bank or financial institution will never ask you to enter your personal details via e-mail.
– that I have won a large sum of money in a lottery (Spanish or other)
– that I am the sole heir of a person having lived abroad for a long time.
– that a wealthy person has died during a civil war and one needs my help to transfer the money out of the country. Expand
This is only a small selection of frauds. Every day new stories are invented to coax you to sending your money. Do not answer these letter / e-mails. Generally you are asked to pay a certain amount of money before the money is transferred (in most cases by “Western Union”. Be careful, this payment is not safe!) in order for the funds to be released.
On the Internet you will find many sites selling tickets. Some offer expensive tickets even before the official dealers have the right to sell.
Before you purchase tickets online, make sure that the website is an official reseller. In general, artists and organizers offer links to reliable resellers on their websites.
Under German law, anyone who receives unsolicited services is not obliged to act on it or to keep the products for a specified period. You can use the products, without having to pay them.
An exception occurs only when the goods are clearly not for you, but were intended for someone else (eg name of equality for neighbors). In this case, you should contact the company.
Forced delivery is prohibited in France. You should send as soon as possible a letter with return receipt to the sender, indicating that you have not ordered the delivery and that you hold it at his disposal.
No, for a sale during a trade fair or exhibition in Luxembourg you have no right of withdrawal, as for example for door-to-door sales.
The sale is final if the contract has been signed. If you still want to withdraw from the purchase, break-up fees are likely
For a second-hand car, the seller can reduce the warranty to one year.
You have to report the loss of the certificate to the police. After this declaration, the vehicle manufacturer can give you a new certificate
A new car: you pay the price without VAT. If you import the vehicle into your country, you pay the VAT applicable there.
A second-hand car: you pay the price including VAT of the country where you buy it. The VAT of the country of the seller is applicable.
These rules apply to sales between individuals and dealers. For sales between individuals, in principle, no VAT is applied.
Be careful, if you bought a vehicle that looks as new to customs officers. They may require that you have to pay the VAT of your country on arrival. The seller may in turn be paid back the VAT paid for the vehicle. This mechanism prevents double taxation.
Western Union is a global company in the field of money transfers. The company points out, however, that sending cash is not secure and the sender should only transfer money to people he trusts.
Why? The identity of the receiver is not always controlled: he can withdraw the money whith the transfer code, which was sent to him by the buyer.
Fraudsters exploit this weak spot. On the Internet, they sell you a product asking you to pay via Western Union. You will neither see the product purchased nor the money you sent. The seller does not leave a trace of his identity and Western Union cannot be held responsible for the fraud as it has only made a transaction you asked for.
Never use Western Union payments, if you do not know the seller. Therefore you should avoid Western Union for your online purchases.
No. A right of withdrawal only exists for distance purchases (by telephone etc.) or through the Internet. It is possible that the store makes a gesture by agreeing to reimburse you by giving back your money or a voucher. A legal obligation for the seller to reimburse you does not exist. Please take notice that the situation is different when purchasing a defective good.
The Ministry for Consumer Protection has published a guide dedicated specifically to retailers. It explains, theme by theme, avoiding purely legal language, the obligations of professionals as specified in the Code of Consumption. The aim is to put consumers on an equal footing with traders and to foster mutual trust.
The guide currently consists of 11 thematic sheets, available in French, German and English; additional files will be added regularly. It is available on request from the MPC (info@mpc.etat.lu). The files can be downloaded from the Ministry's website (pro-pc.public.lu), where it is also possible to subscribe to updates of existing files and new publications.