Can a contract for the provision of services be terminated on a tacit basis?

Verified 06 February 2024 - Directorate for Legal and Administrative Information (Prime Minister)

If you have signed a contract for the provision of services for tacit renewal and would like to terminate it, please be aware that termination is possible on the anniversary date of the conclusion of the contract. The service provider must inform you before the renewal of the possibility to exercise your right of cancelation. If he does not do so, you can terminate at any time by registered letter. We present you with the information you need to know.

Warning  

Certain contracts tacitly renewed shall be subject to specific rules. These are the insurance contracts, mutual societies or provident societies, and service subscription contracts telephony or internet.

A contract that is tacitly renewed is a contract that is automatically renewed on its expiry date without the need for your agreement to do so. The contract shall be continued for the same duration and under the same conditions as those laid down when the contract was signed.

Example :

A renewable one-year lease contract shall be renewed for a further period of one year under the same conditions as when it was signed. If you signed it on February 6, 2023, it will be automatically renewed on February 6, 2024.

In case of tacit renewal, you have no need to make any request to continue to benefit from the service you subscribed to when signing the contract.

Tacit renewal contracts are used for day-to-day services. For example: subscription to a sports club, a newspaper or the free delivery service of a commercial sign.

A contract for the provision of a service may be terminated without notice for any of the following reasons:

  • Termination for opposition to non-renewal of the contract
  • Termination for lack of information on the right of termination
  • Termination for another reason

Termination for opposition to non-renewal of the contract

Your contract must provide for a period of notice that allows you to request termination before each tacit renewal. This period of notice shall be fixed according to the duration of the contract.

Example :

  • 1 or 2 months notice for a one-year contract
  • 1 month for a 6 month contract
  • 1 week for a one-month contract

Each year, the service provider must inform you in writing (letter or email) of your right to request the non-renewal of the contract.

This information must be communicated to you at the earliest 3 months and at the latest 1 month before the end of the deadline to request the non-renewal of the contract.

The information must be provided in clear and comprehensible terms. It must mention, in an apparent box included in the letter or e-mail, the deadline for requesting the non-renewal of the contract.

Warning  

For distance financial services contracts, the information requirements shall apply only in the first year. After 1er renewal, the contract is automatically renewed if no party requests termination.

Termination for lack of information on the right of termination

If the service provider has not informed you of your right to terminate within the deadline, you can terminate the contract immediately and free of charge by registered mail with acknowledgement of receipt.

In this case, the provider must refund the amounts paid to you for the period from the termination date to the next automatic renewal date. Reimbursement must be made within 30 days.

In the event of non-repayment within the time limits, the sums due shall be increased by statutory interest rate.

Example :

If your contract is renewed every 15th of the month and you have requested termination on the 1ster of the month, your provider must reimburse you for the period from 1er 15.

Termination for another reason

You can also request the immediate termination of your contract for a reason provided for in the contract (moving, unemployment...) or in case of poor performance by the service provider.

Example of poor performance: a person signs a contract with a marriage agency. The main purpose of the contract is to meet 3 singles who meet the majority of its criteria over a year. After 1 year, when the person paid the benefit, the agency did not introduce anyone to him.

Some contracts provide for a minimum commitment period.

If you have signed such a contract, penalties may be added to the price of the service if you do not respect the commitment period.

You can terminate your contract in 3 clicks if it has been signed with one of the following providers:

  • Telephone or internet operator
  • Electricity or gas supplier
  • Transport companies
  • Online newspaper and media publisher
  • Dating sites
  • Gym
  • IT Services Editor

Contracts that can be on-line agreements with insurance, provident societies and mutual societies are also affected by termination in 3 clicks.

In the case of other contracts, termination shall be effected at the time of renewal within a period fixed by the contract or shall take place for fault of the provider.

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Terminate in 3 clicks

You must follow the following 3 steps:

  1. Click on a link titled “Terminate your contract”
  2. Provide the following information:
    • Surname and forename (or name and trade name for a legal person) 
    • Contact means (phone number, email...) allowing the insurer to confirm the receipt of your request termination
    • Reference or number of your contract
    • Reason for termination 
    • The date of the event that results in termination.
  3. Click on a link entitled “Confirm your termination”

Termination at renewal

You do not need to give a reason for termination, but you must send the request for termination to the service provider within a time limit set by the contract.

You must use the means of information provided for in the contract to inform the provider of your decision (registered letter with acknowledgement of receipt, e-mail,...).

Termination for fault of the provider

You must specify the reason for requesting the termination outside the time limit set by the contract.

Example :

  • Lack of information on the right of termination
  • Reason for termination provided for in the contract (removal, unemployment...)
  • Non-performance or poor performance of the contract by the provider

You must use the means of information provided for in the contract to inform the provider of your decision (registered letter with acknowledgement of receipt, e-mail, etc.).

If you request termination of the contract within the specified period, your contract will terminate on the anniversary date of the contract or on the date on which the contract should have been automatically renewed

You will no longer be able to benefit from the service from that date. You must pay the supplier the sums due up to the end date of your contract, regardless of the date on which you requested the termination.

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