Legislator Case Law & Legislation
ECLI:NL:RBAMS:2022:6972 ECLI:NL:RBAMS:2022:6972 AI generated

Contract formed via welcome kit under Heat Act; partial dismissal for breach of pre-contractual information duties.

Case Number ECLI:NL:RBAMS:2022:6972
Court / Authority
Jurisdiction Netherlands (NL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The court found a contract existed between the parties based on the defendant's continued consumption of heat after receiving a welcome package, despite the plaintiff's claim of no prior contact. The plaintiff argued the Heat Act exempted them from pre-contractual duties, but the court ruled the Act requires specific information obligations that were not fulfilled. Consequently, the claim for contract termination was dismissed, while a partial award for past damages and costs was granted.

Legislator headnote

AI generated

Warmtewet 2013; Warmteregeling 2013: A contract is deemed formed when a consumer continues to consume heat after receiving a welcome package with terms, yet the supplier fails to fulfill mandatory pre-contractual and contractual information obligations under the Heat Act and Heat Regulation, rendering termination claims inadmissible but allowing partial damages.

Keywords

AI generated
Heat Act obligations pre-contractual information contract formation welcome package partial dismissal consumer protection Heat Regulation

Cited Legislation

AI generated
Warmtewet 2013
Warmteregeling 2013
artikel 6:230m lid 1 BW

Cited Case Law

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AI generated

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