Dáil Éireann Debate, Tuesday - 27 January 2015
234. Deputy Róisín Shortall asked the Minister for Jobs, Enterprise and Innovation if he will amend the relevant legislation to ensure consumers' 14 day cooling off period begins at the commencement of the service rather than the finalising of the contract; and if he will make a statement on the matter. [3448/15]
Amharc ar fhreagraThe provision in the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 that the cooling-off or cancellation period for distance and off-premises contracts for the supply of services expires after 14 days from the day on which the contract was concluded is in accordance with Directive 2011/83/EU on Consumer Rights to which the Regulations give effect. As the Directive is a maximum harmonisation instrument, it is not open to Member States to alter the rules on the commencement and expiry of the cooling-off period. The Regulations and the Directive provide, however, that consumers may cancel a service contract where the service has commenced but has not been fully performed provided that they pay the trader an amount proportionate to the service provided up to the time of cancellation. Under previous EU and Irish law, consumers could not cancel a distance or off-premises contract whose performance had already commenced. If, furthermore, the trader does not provide the consumer with information on the right to cancel in accordance with the Regulations, the cooling-off period is extended by up to 12 months.
