Right of Withdrawal for Service Contracts: A Consumer Guide
In Estonia, consumers enjoy a 14-day right of withdrawal for contracts concluded via means of distance communication, such as online platforms. This right is established under § 56 (1) of the Law of Obligations Act (LOA). However, applying this to service contracts requires careful attention to specific legal nuances.
The 14-Day Cooling-off Period
The withdrawal period begins on the day the contract is concluded. To exercise this right, the consumer must notify the trader of their decision in a format that can be reproduced in writing.
Key Exceptions to the Right of Withdrawal
Not all service contracts are subject to the 14-day withdrawal right. According to § 53 (4) 1) of the LOA, the right of withdrawal does not apply if the trader has begun providing the service with the consumer's prior express consent and acknowledgment that they will lose their right of withdrawal once the contract has been fully performed.
Furthermore, services related to leisure activities (e.g., event tickets, accommodation, or car rental) are often exempt if the contract specifies a particular date or period for performance (§ 53 (4) 7) of the LOA).
Financial Consequences of Withdrawal
If you request that a service begins before the 14-day period expires, and you subsequently withdraw, you are liable to pay the trader for the portion of the service provided up to the time of notification (§ 56^2 (1) of the LOA). You are not entitled to a full refund if the service has already been partially rendered at your request.
Seek Expert Advice
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