Consumer Protection Applies to Franchisee
The consumer enjoys broad protection on the basis of the Civil Code. Although freedom of contract is paramount within general contract law, this freedom is legally limited with regard to the consumer. The reason for this is that the consumer is seen as the relatively weaker party in relation to a business party. In the relationship between franchisor and franchisee, the franchisee is in some cases also seen as the relatively ‘weaker’ party, as a result of which the legal protection of the consumer also applies to the franchisee.
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mr. M. Munnik – franchise lawyer.
Ludwig & Van Dam attorneys, franchise legal advice. Do you want to respond? Go to dolphijn@ludwigvandam.nl
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Supermarket letter – 26
Supermarket Newsletter No. 26
Link franchise agreement and rental agreement uncertain? – dated October 14, 2019 – mr K. Bastiaans
It is no exception within a franchise relationship that the parties agree that the franchise agreement and the rental agreement are inextricably linked.
Termination of franchise agreement in case of changes in leased retail space – September 27, 2019 – mr. AW Dolphin
Termination of a franchise agreement in light of a substantial change in the leased retail space.
Article De Nationale Franchisegids: “Distribution of (potential) customers prohibited?” – September 17, 2019 – mr. AW Dolphin
Within many franchise organizations, agreements are made about the recruitment of (potential) customers in a certain area.
District protection no protection against termination due to urgent own use – dated September 17, 2019 – mr. AW Dolphin
As a landlord, can the franchisor terminate the lease for urgent own use, in the sense of district protection, while this would be excluded on the basis of the franchise agreement.
Unreasonable compensation at the end of the franchise agreement – dated September 17, 2019 – mr. AW Dolphin
Some franchise agreements stipulate that the franchisee always owes the franchisor a minimum of a certain amount of costs upon termination of the franchise agreement.