§5.11.7 Repairs requested by the consumer

Article 16 (h) contracts where the consumer has specifically requested a visit from the trader for the purpose of carrying out urgent repairs or maintenance. If, on the occasion of such visit, the trader provides services in addition to those specifically requested by the consumer or goods other than replacement parts necessarily used in carrying out the maintenance or in making the repairs, the right of withdrawal shall apply to those additional services or goods; The exception from the right of withdrawal provided by point (h) of the first paragraph of Article 16 of CRD covers urgent repairs and maintenance. For all other repairs that are not ‘urgent’, consumers have the right of withdrawal and traders have to inform them, among other things, about this right. If traders have not provided the consumers with the information on the right of withdrawal or provided it with a delay, Article 10 and Article 14(4)(a) apply. The consumers can exercise their right of withdrawal within the 14 day after the conclusion of the contract. However, in accordance with point (a) of the first paragraph of Article 16 the consumer loses the right of withdrawal when the (repair) service is fully performed. For this limitation to apply, the trader must obtain: (1) consumer’s prior express consent and (2) consumer’s acknowledgement about the loss of the right of withdrawal upon full performance. These two conditions to begin the performance of the service before the lapse of the right of withdrawal period are stipulated in Articles 7(3) for off-premises contracts and 8(8) for distance contracts. Article 16 In the case of service contracts which place the consumer under an obligation to pay where the consumer has specifically requested a visit from the trader for the purpose of carrying out repairs, Member States may provide that the consumer loses the right of withdrawal after the service has been fully performed provided that the performance has begun with the consumer’s prior express consent. This regulatory choice in the third paragraph of Article 16 introduced by Directive (EU) 2019/2161 (145) gives the possibility to Member States to derogate from the conditions of losing the right of withdrawal under point (a) of the first paragraph of Article 16 by stipulating that, for repairs covered by the third paragraph of Article 16, it suffices for the trader to get the consumer’s prior express consent to start the performance. Accordingly, in this case the trader is not required to acquire also the consumer’s acknowledgement about the loss of the right of withdrawal under Article 7(3) or under Article 8(8).

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07