Einde inhoudsopgave
Principles of European Law on Service Contracts (PELSC)
Artikel 1:115 Cancellation of the Service Contract
Geldend
Geldend vanaf 01-10-2005
- Redactionele toelichting
De dag van de datum van publicatie is gezet op 01.
- Bronpublicatie:
01-10-2005, Internet 2005, www.sgecc.net (uitgifte: 01-10-2005, kamerstukken/regelingnummer: -)
- Inwerkingtreding
01-10-2005
- Bronpublicatie inwerkingtreding:
01-10-2005, Internet 2005, www.sgecc.net (uitgifte: 01-10-2005, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Verbintenissenrecht / Overeenkomst
(1)
The client may cancel the contract at any time.
(2)
If the contract is cancelled under this Article the service provider is entitled to damages to put the service provider as nearly as possible into the position in which the service provider would have been if the contract had been duly performed. Such damages cover the loss which the service provider has suffered and the gain of which the service provider has been deprived.
(3)
In determining the position into which the service provider is to be put under paragraph (2), regard is to be had, among other things, to the following rules:
- (a)
if payment of a price was agreed, the service provider is entitled to that price minus the expenses that should reasonably have been saved and the benefit that could reasonably have been earned using the capacity that has become available;
- (b)
if payment of a fee based on a particular rate was agreed, the service provider is entitled to payment of the fee on the basis of that rate, to the extent that the service has already been performed; and
- (c)
if payment of a fee based on a ‘no cure no pay’ basis was agreed, the service provider is entitled to payment of both the reasonable costs incurred, to the extent that the service has already been performed, and to the gain of which the service provider has been deprived as a result of the cancellation.