sec_5_11_6__para

COMMISSION NOTICE Guidance on the interpretation and application of Directive 2011/83/EU of the European Parliament and of the Council on consumer rights · European Union

For this exception to apply, the contract should stipulate ‘a specific date or period of performance’. Again, since this is an exception, it should be interpreted narrowly (143). It should therefore be applied bearing in mind the reasons given in Recital 49: ’[…] The granting of a right of withdrawal to the consumer could also be inappropriate in the case of certain services where the conclusion of the contract implies the setting aside of capacity which, if a right of withdrawal were exercised, the trader may find difficult to fill. This would for example be the case where reservations are made at hotels or concerning holiday cottages or cultural or sporting events.’ Therefore, the restriction on the right of withdrawal under point (l) of the first paragraph of Article 16 should not apply to contracts for leisure activities that do not have a capacity limitation.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.