Excluding Liability in the Netherlands — Your Rights

What's happening?

Companies often try to limit their risks by stating in their contract terms that they are not liable for damages. They do this to protect themselves against customer claims. However, in many cases these exclusions go too far and are not legally valid under Dutch law. Especially with damage caused by intent or gross negligence by the company, they cannot exempt themselves from liability. As a consumer in the Netherlands, you are specially protected against unreasonable terms.

What does Dutch law say?

Dutch law sets clear limits on liability exclusions, especially in relationships between companies and consumers. The Dutch Civil Code (Burgerlijk Wetboek) contains specific provisions that protect consumers against unreasonable contract terms. This protection ensures that companies cannot shift all responsibility away. Additionally, certain types of damage can never be excluded.

What are your rights?

As a consumer in the Netherlands, you have strong rights against unreasonable liability exclusions. You can invoke these rights even if the company relies on their general terms and conditions.

What can you do now?

Follow these steps to protect your rights and get potential damages compensated under Dutch law.

Sample letter or template

MijnRecht.AI can help you draft a professional letter to the company in which you set out your damage claim and explain why their liability exclusion is not valid under Dutch law. This letter significantly increases your chances of successful resolution.

Where can you get help?

For help with liability issues in the Netherlands, you can contact Het Juridisch Loket for free advice, the relevant dispute resolution committee for your sector (such as SGC for services), or the courts for more complex cases. Consumer organisations like Consumentenbond can also provide advice on unreasonable contract terms under Dutch law.