Dutch Civil Code

Book 7 Particular agreements

Title 7.2A Credit contracts for consumers

Section 7.2A.1 General provisions

Article 7:57 Definitions
- 1. For the purposes of the present Title (Title 7.2A), the following definitions shall apply:
a. ‘consumer’ means a natural person acting for purposes which are outside his trade, business or professional practice;
b. ‘creditor’ means a natural or legal person who grants or promises to grant credit in the course of his trade, business or professional practice;
c. ‘credit contract’ means a contract under which a creditor grants or promises to grant to a consumer credit in the form of a deferred payment, loan or other similar financial accommodation, except for contracts for the provision of services on a continuing basis or for the supply of goods of the same kind on a continuing basis, where the consumer pays for such services or goods for the duration of their provision by means of instalments;
d. ‘overdraft facility’ means an explicit credit contract under which a creditor makes available to a consumer funds which exceed the current balance in the consumer's current account;
e. ‘overrunning’ means a tacitly accepted overdraft whereby a creditor makes available to a consumer funds which exceed the current balance in the consumer's current account or the agreed overdraft facility;
f. ‘credit intermediary’ means a natural or legal person who is not acting as a creditor and who, in the course of his trade, business or professional practice, for a fee, which may take a pecuniary form or any other agreed form of financial consideration:
1° presents or offers credit contracts to consumers;
2° assists consumers by undertaking preparatory work in respect of credit contracts other than as referred to in 1°, or;
3° concludes credit contracts with consumers on behalf (in the name) of the creditor;
g. ‘total cost of the credit to the consumer’ means all the costs, including interest, commissions, taxes and any other kind of fees which the consumer is required to pay in connection with the credit contract and which are known to the creditor, except for notarial costs;
h. ‘total amount payable by the consumer’ means the sum of the total amount of the credit and the total cost of the credit to the consumer;
i. ‘annual percentage rate of charge’ means the total cost of the credit to the consumer, expressed as an annual percentage of the total amount of credit, where applicable including the costs referred to in paragraph 3;
j. ‘borrowing rate’ means the interest rate expressed as a fixed or variable percentage applied on an annual basis to the amount of credit drawn down;
k. ‘fixed borrowing rate’ means a single borrowing rate agreed by the creditor and consumer for the entire duration of the credit contract or several borrowing rates agreed by the creditor and consumer for partial periods using exclusively a fixed specific percentage;
l. ‘total amount of credit’ means the ceiling or the total sums made available under a credit contract;
m. ‘durable data carrier’ means any instrument which enables the consumer to store information addressed personally to him in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored;
n. ‘linked credit contract’ means a credit contract where:
1° the credit in question serves exclusively to finance a contract for the supply of specific goods or the provision of a specific service, and;
2° those two contracts form, from an objective point of view, a commercial unit;
o. ‘securities credit contract’ means the contract under which:
1° a revolving (continuous) credit has been granted or promised to be granted against the provision of a pledge on a portfolio of negotiable securities, which credit encloses the right to drawdown sums of money from the creditor on different moments to the extent that the outstanding account balance is not exceeded;
2° the consumer may perform credit transaction in respect of financial instruments, and;
3° the creditor is involved in those credit transactions.
p. ‘portfolio of negotiable securities’ means a block of financial instruments in possession of the consumer;
q. ‘financial instrument’ means a financial instrument as referred to in Article 1:1 of the Financial Supervision Act.
r. ‘coverage ratio’ means a percentage, fixed by the creditor, of the value of the pledged portfolio of negotiable securities or of the value of a separate financial instrument forming a part of that pledged portfolio on the basis of which the creditor determines the credit limit;
s. ‘spreading requirement’ means the requirement imposed by the creditor with respect to the composition of the portfolio of negotiable securities;
t. ‘Directive’ means Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC.
- 2. The total cost of the credit to the consumer as referred to in paragraph 1, under (g), includes also the costs in respect of ancillary services relating to the credit contract, in particular insurance premiums, if the conclusion of a service contract is compulsory in order to obtain the credit or to obtain it on the terms and conditions advertised;
- 3. For the purpose of paragraph 1, under (i), the following costs are included in the total cost of the credit to the consumer: costs for administrating an account on which payments as well as credit withdrawals are booked, costs for the use of a means of payment with which payments as well as credit drawdown can be made, and other costs for payment performances, all unless the opening of the account is optional and the costs related to that account are ascertained clearly and separately in the credit contract or in another contract concluded with the consumer.
- 4. If not all borrowing rates are specified in the credit contract, the borrowing rate shall be deemed to be fixed only for the partial periods for which the borrowing rates are determined exclusively by a fixed specific percentage agreed on the conclusion of the credit agreement;
- 5. A commercial unit as referred to in paragraph 1, under (n), shall be deemed to exist:
a. if the supplier or service provider involved in the supply of specific goods or the provision of a specific service himself finances the credit for the consumer, or;
b. if it is financed by a third party, where:
1° the creditor uses the services of the supplier or service provider in connection with the conclusion or preparation of the credit contract, or
2 ° the specific goods or the provision of a specific service are explicitly specified in the credit contract.

Article 7:58 Scope of application
- 1. The present Title (Title 7.2A) applies to credit contracts.
- 2. The present Title (Title 7.2A) does not apply to:
a. credit contracts which are secured either by a mortgage or by another comparable security on registered property*) or secured by a right on registered property against usual conditions for mortgage financing by the creditor involved;
b. credit contracts the purpose of which is to acquire or retain a right of ownership in land or in an existing or projected building;
c. lease (hiring) or leasing contracts, unless:
1° they enclose an obligation to buy the object of the contract (i.e. the leased object) or such obligation is added in a separate contract, including the situation that the creation of an obligation to buy may be decided unilaterally by the creditor;
2° they are to be regarded as hire-purchase contracts within the meaning of Article 7a:1576, paragraph 2;
d. credit contracts where credit is granted in the form of an overdraft facility and where the credit has to be repaid within one month;
e. credit contracts where the credit is granted free of interest and without any other charges and credit contracts under the terms of which the credit has to be repaid within three months and only insignificant charges are payable;
f. credit contracts where the credit is granted by an employer to his employees as a secondary activity free of interest or at annual percentage rates of charge lower than those prevailing on the market and which are not offered to the public generally;
g. credit contracts which are the outcome of a settlement reached in court or before another authority empowered for this purpose by law;
h. credit contracts which relate to the deferred payment, free of charge, of an existing debt;
i. credit contracts upon the conclusion of which the consumer is requested to deposit an item as security in the creditor's safe-keeping and where the liability of the consumer is strictly limited to that pledged item;
j. credit contracts which relate to loans granted to a restricted public under a statutory provision with a general interest purpose, and at lower interest rates than those prevailing on the market or free of interest or on other terms which are more favourable to the consumer than those prevailing on the market and at interest rates not higher than those prevailing on the market.
- 3. In the case of credit contracts in the form of an overdraft facility where the credit has to be repaid on demand or within three months, only Articles 7:57, 7:58, 7:61, paragraph 1, 5 and 6, 7:63, 7:69 and 7:71 up to and including 7:73, shall apply. Articles 7:59 and 7:60 only apply insofar as the creditor has not observed his obligations in regard of the standard information which is to be included in advertising and pre-contractual information as imposed on him pursuant to Article 4, paragraph 2, under (a), (b) and (c), and Article 6 of the Directive.
- 4. Articles 7:57, 7:58, 7:70 and 7:73 only apply to credit contracts in the form of overrunning.

*) Registered property encloses all immovable property, and aircraft, ships and inland navigation vessels that meet the requirements for public registration.

Section 7.2A.2 Information and practices preliminary to the conclusion of the credit contract

Article 7:59 Standard information to be included in advertising
- 1. A creditor who advertises for credit contracts, not including securities credit contracts, without observance of the standard information which has to be inserted in advertising by virtue of Article 4 of the Directive, conducts an unfair commercial practice as referred to in Article 6:193b.
- 2. A creditor conducts an unfair commercial practice as referred to in Article 6:193b, if in advertising for securities credit contracts:
a. he does not mention that a revolving (continuous) credit is granted or promised to be granted against the provision of a pledge on the portfolio of negotiable securities, and that the credit limit shall depend on the value of that portfolio, or;
b. he does not observe Article 4, paragraph 2, under (a), 3 or 4, of the Directive in regard of the standard information which to be inserted in advertising for credit contracts.

Article 7:60 Pre-contractual information
- 1. The creditor or, where relevant, the credit intermediary shall provide the consumer in good time before the consumer is bound by any credit contract or relevant offer, with the pre-contractual information as required by Articles 5 and 6 of the Directive and in the way as required according to these Articles.
- 2. The creditor or, where relevant, the credit intermediary shall provide the consumer in good time before the consumer is bound by any securities credit contract or relevant offer, with the pre-contractual information as required by Article 6 of the Directive, with the exception of the information referred to in paragraph 1, under (c), (d), (f), (h) and (k) of that Article, and in the way as required according to that Article. In doing so, the creditor and, where relevant, the credit intermediary shall mention to the consumer also:
a. that a revolving (continuous) credit is granted or promised to be granted against the provision of a pledge on the portfolio of negotiable securities and that the credit limit shall depend on a specific coverage ratio and, where applicable, on specific spreading requirements;
b. the coverage ratio and spreading requirements that are used with regard to the pledged portfolio of negotiable securities, and;
c. in the event that the creditor uses other coverage ratios for different kinds of financial instruments, the coverage ratio that for each type of financial instrument is applied;
- 3. Where the creditor or, where relevant, the credit intermediary does not observe the provisions of paragraph 1 and 2, he conducts an unfair commercial practice as referred to in Article 6:193b.

Section 7.2A.3 Information and rights regarding credit contracts

Article 7:61 Information to be included in credit contracts
- 1. Credit contracts shall be entered into on paper or on another durable data carrier. The creditor shall hand over a copy of the credit contract to the consumer and shall also keep a copy of it himself.
- 2. The credit contract shall specify in a clear and concise manner:
a. the type of credit;
b. the identities and geographical addresses of the contracting parties as well as, if applicable, the identity and geographical address of the credit intermediary involved;
c. the duration of the credit contract;
d. the total amount of credit and the conditions governing the credit drawdown;
e. in case of a credit in the form of deferred payment for a specific good or specific service or in the case of linked credit contracts, the good or service for which the credit is intended and its cash price;
f. the borrowing rate, the conditions governing the application of that rate and, where available, any index or reference rate applicable to the initial borrowing rate, as well as the periods, conditions and procedures for changing the borrowing rate;
g. if different borrowing rates apply in different circumstances, the information mentioned under (f) in respect of all the applicable rates;
h. the annual percentage rate of charge and the total amount payable by the consumer, calculated at the time of the conclusion of the credit contract, as well as all the assumptions used in order to calculate that rate;
i. the amount, number and frequency of payments to be made by the consumer and, where appropriate, the order in which payments will be allocated to different outstanding balances charged at different borrowing rates for the purposes of reimbursement;
j. where capital amortisation of a credit contract with a fixed duration is involved, the right of the consumer to receive, upon request and free of charge, at any time throughout the duration of the credit contract, a statement of account in the form of an amortisation table;
k. if charges and interest are to be paid without capital amortisation, a statement showing the periods and conditions for the payment of the interest and of any associated recurrent and non-recurrent charges;
l. where applicable, the charges for maintaining one or several accounts recording both payment transactions and credit drawdowns, unless the opening of an account is optional, together with the charges for using a means of payment for both payment transactions and credit drawdowns, and any other charges deriving from the credit contract and the conditions under which those charges may be changed;
m. the interest rate applicable in the case of late payments as applicable at the time of the conclusion of the credit contract and the arrangements for its adjustment and, where applicable, any charges payable for default;
n. a warning regarding the consequences of missing payments;
o. where applicable, a statement, that notarial fees will be payable;
p. the securities (collateral) and insurance required, if any;
q. the existence or absence of the right of dissolution in regard of the credit contract as meant in Article 7:66, the period during which that right may be exercised and other conditions governing the exercise thereof, including information concerning the obligation of the consumer to pay the capital drawn down and the interest in accordance with Article 7:66, paragraph 3, and the amount of interest payable per day;
r. information concerning the rights resulting from Article 7:67 as well as the conditions for the exercise of those rights;
s. the right of early repayment as meant in Article 7:68, the procedure to be followed for early repayment, as well as, where applicable, information concerning the creditor's right to compensation and the way in which that compensation will be assessed;
t. the procedure to be followed in exercising the right of termination of the credit contract as meant in Article 7:65;
u. whether or not there is an out-of-court complaint and redress mechanism for the consumer and, if so, the methods for having access to it;
v. where applicable, other contractual terms and conditions, and;
w. where applicable, the name and address of the competent supervisory authority.
- 3. The amortisation table referred to in paragraph 2, under (j) shall indicate the payments owing and the periods and conditions relating to the payment of such amounts. The table shall contain a breakdown (split off) of each repayment showing capital amortisation, the interest calculated on the basis of the borrowing rate and, where applicable, any additional costs. Where the interest rate is not fixed or the additional costs may be changed under the credit contract, the amortisation table shall indicate, clearly and concisely, that the data contained in the table will remain valid only until such time as the borrowing rate or the additional costs are changed in accordance with the credit contract.
- 4. Where paragraph 2, under (j), or paragraph 3 applies, the creditor shall make available to the consumer, free of charge and at any time throughout the duration of the credit contract, a statement of account in the form of an amortisation table.
- 5. In the case of a credit contract under which payments made by the consumer do not give rise to an immediate corresponding amortisation of the total amount of credit, but are used to constitute capital during periods and under conditions laid down in the credit contract or in an ancillary contract, the information that has to be provided pursuant to paragraph 2 and 3 shall include a clear and concise statement that such credit contracts do not provide for a guarantee of repayment of the total amount of credit drawn down under the credit contract, unless such a guarantee is given.
- 6. Credit contracts in the form of overdraft facilities as referred to in Article 7:58, paragraph 3, shall specify in a clear and concise manner:
a. the type of credit;
b. the identities and geographical addresses of the contracting parties, and, where applicable, the identity and geographical address of the credit intermediary involved;
c. the duration of the credit contract;
d. the total amount of the credit and the conditions governing the credit drawdown;
e. the borrowing rate, the conditions governing the application of the borrowing rate and, where available, any index or reference rate applicable to the initial borrowing rate, as well as the periods, conditions and procedure for changing the borrowing rate;
f. if different borrowing rates apply in different circumstances, the information meant under (e) in respect of all the applicable rates;
g. where applicable, a statement that the consumer may be requested to repay the amount of credit in full on demand at any time;
h. conditions governing the exercise of the right of rescission regarding the credit contract, and;
i. information concerning the charges applicable from the time the contract is concluded and, if applicable, the conditions under which those charges may be changed.
- 7. Securities credit contracts shall specify in a clear and concise manner:
a. the credit that may be used to finance transactions in financial instruments;
b. the identities and geographical addresses of the contracting parties, and, where applicable, the identity and geographical address of the credit intermediary involved;
c. the way in which the consumer may obtain actual information about coverage ratios and, where relevant, spreading requirements used by the creditor and the conditions under which the creditor may change these ratios;
d. the conditions governing the credit drawdown;
e. the borrowing rate, the conditions governing the application of the borrowing rate and, where available, any index or reference rate applicable to the initial borrowing rate, as well as the periods, conditions and procedure for changing the borrowing rate
f. if different borrowing rates apply in different circumstances, the information meant under (e) in respect of all the applicable rates;
g. information from which follows that the right of dissolution as referred to in Article 7:66, paragraph 1, and Article 7:67, paragraph 1, does not apply to securities credit contracts;
h. information concerning the charges applicable from the time that the contract is concluded and, where applicable, the conditions under which those charges may be changed;
i. a warning regarding the consequences of missing payments;
j. the securities (collateral) demanded;
k. the procedure to be followed in exercising the right of termination of the securities credit contract as meant in Article 7:65;
l. whether or not there is an out-of-court complaint and redress mechanism for the consumer and, if so, the methods for having access to it;
m. where applicable, the name and address of the competent supervisory authority.

Article 7:62 Information concerning the borrowing rate
- 1. Where applicable, the consumer shall be informed of any change in the borrowing rate, on paper or on another durable data carrier, before the change enters into force. The information shall state the amount of the payments to be made after the entry into force of the new borrowing rate and, if the number or frequency of the payments changes, particulars thereof.
- 2. However, the parties may agree in the credit contract that the information referred to in paragraph 1 is to be given to the consumer periodically in cases where the change in the borrowing rate is caused by a change in a reference rate, and provided that the public can take knowledge of the new reference rate by appropriate means and, in addition, that the information concerning the new reference rate is also kept available in the premises (offices) of the creditor.

Article 7:63 Obligations under a credit contract in the form of an overdraft facility
- 1. Where a credit contract covers credit in the form of an overdraft facility as referred to in Article 7:58, paragraph 3, the consumer shall be kept regularly informed by means of a statement of account, on paper or on another durable data carrier, containing the following particulars:
a. the precise period to which the statement of account relates;
b. the amounts and dates of credit drawdowns;
c. the balance from the previous statement, and the date thereof;
d. the new balance;
e. the dates and amounts of payments made by the consumer;
f. the borrowing rate applied;
g. any charges that have been applied, and;
h. where applicable, the minimum amount to be paid.
- 2. The consumer shall be informed on paper or another durable data carrier of increases in the borrowing rate, or in any charges payable, before the change in question enters into force.
- 3. Parties may agree in the credit agreement that information concerning changes in the borrowing rate is to be given on the statement of account meant in paragraph 1, if the change in the borrowing rate is caused by a change in a reference rate, and provided that the public can take knowledge of the new reference rate by appropriate means and, in addition, that the information concerning the new reference rate is also kept available in the premises (offices) of the creditor.

Article 7:64 Changes in coverage ratios and spreading requirements under a securities credit contracts
In case of securities credit contracts the creditor shall mention in accordance with the manner provided for in Article 7:61, paragraph 7, the changes in the coverage ratios and the spreading requirements on the day that the relevant change takes effect

Article 7:65 Termination of a credit contract concluded for an indefinite period of time
- 1. A credit contract concluded for an indefinite period of time (open-end credit contact) may be terminated by the consumer at any time free of charge, unless parties have agreed on a period of notice. Such a period may not exceed one month.
- 2. If agreed in the credit contract, the creditor may end a credit contract concluded for an indefinite period of time (open-end credit contract) by termination, giving the consumer at least two months' notice, which notice has to be drawn up on paper or on another durable data carrier.
- 3. If agreed in the credit contract, the creditor may, for objectively justified reasons, terminate the consumer's right to draw down credit as was granted to him under a credit contract concluded for an indefinite period of time (open-end credit contract). The creditor shall inform the consumer of the termination and the reasons for it on paper or on another durable data carrier, where possible before the termination and at the latest immediately thereafter, unless the provision of such information is prohibited by other Community legislation or is contrary to objectives of public policy or public security.

Article 7:66 Right of dissolution*)
- 1. The consumer has the right to dissolve the credit contract, without giving any reason, during a period of fourteen calendar days after:
a. the day of the conclusion of the credit contract, or;
b. the day on which the consumer receives the contractual terms and conditions and the information in accordance with Article 7:67, if that day is later than the day referred to under (a).
- 2. The consumer exercises the right meant in paragraph 1 by sending a notification to this end within the set period to the creditor. De notification is in line with the information provided by the creditor pursuant to Article 7:61, paragraph 2, under (q), and is made in such a way that the receipt thereof [at the address of the creditor] can be evidenced. The set period has been observed if the notification is sent on paper or on another durable data carrier that is available and accessible to the creditor before the period has expired.
- 3. In case of a dissolution of the credit contract in accordance with paragraph 1, the consumer shall pay to the creditor the capital and the interest accrued thereon from the date that the credit was provided (drawn down) until the date that the capital is repaid. The interest shall be calculated on the basis of the agreed borrowing rate. The repayment must take place without any undue delay and no later than thirty calendar days after the notification for a dissolution of the contract was sent to the creditor.
- 4. Where the consumer has exercised his right of dissolution as provided to him under paragraph 1, the creditor shall not be entitled to any other compensation from the consumer than the one indebted pursuant to paragraph 3, with the exception of a compensation for any non-returnable charges paid by the creditor to any public administrative body.
- 5. If an ancillary service relating to the credit contract is provided by the creditor or by a third party on the basis of a contract between the third party and the creditor, the dissolution of the credit contract in accordance with paragraph 1 shall by operation of law have the effect that the consumer shall no longer be bound by any ancillary service contract.
- 6. If the consumer has a right of dissolution in conformity with paragraph 1, other statutory provisions granting the consumer a similar right of dissolution shall not apply.
- 7. Paragraph 1 does not apply to securities credit contracts.

*) The right of withdrawal as provided for pursuant to the Directive is converted in Dutch Civil Law into a right of dissolution, having the same effect.

Article 7:67 Credit contract linked to other dissolved contracts
- 1. When the consumer has dissolved a contract for the supply of goods or services in accordance with Articles 7:46d, paragraph 1, or 7:50d, paragraph 1, of the Civil Code or in accordance with Article 4:28, paragraph 1, of the Financial Supervision Act or Article 25 of the Door to Door Sales Act, he shall neither be bound any longer by the credit contract linked to that dissolved contract.
- 2. Where the goods or services covered by a linked credit contract are not supplied, or are supplied only in part, or are not in conformity with the contract for the supply thereof, the consumer shall have the right to pursue remedies against the creditor if the consumer has pursued his remedies against the supplier or service provider but has failed to obtain the satisfaction to which he is entitled according to law or the contract for the supply of goods or services.
- 3. Paragraph 1 does not apply to securities credit contracts.

Article 7:68 Early repayment
- 1. The consumer shall be entitled at any time to discharge fully or partially his obligations under a credit contract. In such cases, he shall be entitled to a reduction in the total cost of the credit, such reduction consisting of the interest and the costs for the remaining duration of the contract.
- 2. In the event of early repayment of credit the creditor shall be entitled to fair and objectively justified compensation for possible costs directly linked to early repayment of credit, provided that the early repayment falls within a period for which the borrowing rate is fixed. Such compensation may not exceed:
a. 0,5% of the amount of credit repaid early, if the period of time between the early repayment and the agreed termination of the credit contract is at the most one year;
b. 1% of the amount of credit repaid early, if the period of time between the early repayment and the agreed termination of the credit contract exceeds one year.
- 3. In derogation from paragraph 2, under (a) and (b), the creditor may in regard of credits over € 75,000 charge a higher compensation to the consumer, if he makes plausible that the loss suffered as a result of the early repayment exceeds the amount assessed pursuant to paragraph 2. Such loss consists of the difference between the initially agreed interest rate and the interest rate at which the creditor can lend out the amount repaid early on the market at the time of early repayment. In the assessment of loss account is taken also of the administrative costs related to the early repayment.
- 4. The compensation meant in paragraph 2 and 3 may not be higher than the amount of interest the consumer would have paid during the period between the early repayment and the agreed date of termination of the credit contract.
- 5. The creditor cannot charge any compensation as referred to in paragraph 2 and 3 to the consumer:
a. if the early repayment has been made under an insurance contract intended to provide a credit repayment guarantee;
b. in the case of overdraft facilities.

Article 6:69 Assignment of rights to a third party
- 1. If the rights that the creditor enjoys under the credit contract or the credit contract itself are assigned (transferred) to a third party, the consumer shall be entitled to plead against the acquiring party (assignee) any defence which was available to him against the original creditor, including the right of set-off.
- 2. The consumer shall be informed of the assignment referred to in paragraph 1 except where the original creditor, by agreement with the acquiring party (assignee), continues to service the credit towards the consumer.

Article 7:70 Overrunning
- 1. When the creditor in a contract for the opening of an account provides the consumer the possibility of an overrun, that contract shall contain in addition the information referred to in Article 6, paragraph 1, under (e), of the Directive. The creditor shall in any case provide that information on a regular basis on paper or on another durable data carrier.
- 2. In the event of a significant overrunning exceeding a period of one month, the creditor shall inform the consumer without delay, on paper or on another durable data carrier:
a. of the overrunning;
b. of the amount involved;
c. of the borrowing rate;
d. of any penalties, charges or interest on arrears applicable.

Section 7.2A.4 Annual percentage rate of charge

Article 7:71 Reference to the Directive
The annual percentage rate of charge shall be calculated by the creditor in accordance with Article 19 of the Directive.

Section 7.2A.5 Creditors and credit intermediaries

Article 7:72 Certain obligations of credit intermediaries towards consumers dissolution
- 1. If a credit contract is concluded through the interference of a credit intermediary, he shall mention in the documents intended for the consumer the extent of his power of representation (power of attorney) and also whether he works exclusively with one or more creditors or as an independent broker.
- 2. Where the creditor intermediary charges, with observance of Article 4:47 of the Financial Supervision Act, a fee for his services to the consumer, he shall disclose the amount of that fee to the consumer. The amount of the fee shall, before the conclusion of the credit contract, be agreed between the creditor and consumer on paper or on another durable data carrier.
- 3. The credit intermediary must inform the creditor, for the purpose of calculation of the annual percentage rate of charge, of the fee which the consumer has to pay to the creditor intermediary.
- 4. When the credit intermediary does not comply with his obligations referred to in paragraph 1 up to and including 3, no fee for his services shall be due by the consumer.

Section 7.2A.6 Final provision

Article 7:73 Mandatory law / protection of consumers
- 1. It is not possible to derogate from the present Title (Title 7.2A) to the detriment of the consumer.
- 2. The protection granted under the present Title (Title 7.2A) to the consumer, cannot be taken from him (cannot be circumvented) as a result of the way in which contracts are shaped or formulated, in particular by integrating credit drawdowns or credit contracts falling within the scope of the Directive into credit contracts the character or purpose of which would make it possible to avoid its application.
- 3. When the credit contract has a close connection with the territory of one or more EU Member States, the protection granted under the present Title (Title 7.2A) to the consumer, cannot be taken from him (cannot be circumvented), irrespective of the law that is governing the credit contract.