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