Consumer Rights Act 2022
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Performance of certain contracts during cancellation period | ||
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119. (1) This section applies to any of the following contracts concluded between a trader and a consumer that place the consumer under an obligation to pay: | ||
(a) a service contract; | ||
(b) a digital service contract; | ||
(c) a contract for the supply of water, gas or electricity that is not supplied in a limited volume or set quantity; | ||
(d) a contract for the supply of district heating. | ||
(2) Where the consumer wishes the performance of the contract to begin during the cancellation period, the trader shall— | ||
(a) require the consumer to make an express request to this effect on a durable medium, and | ||
(b) request the consumer to acknowledge that, once the contract has been fully performed by the trader, the consumer will no longer have the right to cancel the contract under section 112 . | ||
(3) Subject to subsection (5), where the consumer cancels a contract during the cancellation period before the service, digital service, water, gas, electricity or district heating has been fully supplied, the consumer shall pay to the trader an amount for the supply of such service, digital service, water, gas, electricity or district heating— | ||
(a) for the period for which it is supplied, ending on the date the consumer informed the trader of the consumer’s decision to cancel the contract, and | ||
(b) that is in proportion to what has been supplied. | ||
(4) The amount referred to in subsection (3) is to be calculated— | ||
(a) on the basis of the total price agreed in the contract, or | ||
(b) if that total price is excessive, on the basis of the market value of the service that has been supplied. | ||
(5) The consumer bears no cost for the supply of the service, digital service, water, gas, electricity or district heating during the cancellation period if— | ||
(a) the trader has failed to provide the consumer with the information on— | ||
(i) the right to cancel required by clause (m) of Schedule 3 , or | ||
(ii) the consumer’s liability to pay the trader reasonable costs for the performance of the contract during the cancellation period required by clause (o) of Schedule 3 , | ||
or | ||
(b) the consumer has not expressly requested performance to begin during the cancellation period in accordance with subsection (2). | ||
(6) The information on the right to cancel and on the consumer’s liability to pay the trader reasonable costs referred to in subsection (5)(a) shall be provided in accordance with— | ||
(a) section 103 , in the case of off-premises contracts, | ||
(b) section 104 , in the case of off-premises contracts for repairs or maintenance to which that section applies, or | ||
(c) section 106 , in the case of distance contracts. |