Awareness Formula

The user of general terms and conditions must offer the other party a reasonable opportunity to take note of these general terms and conditions. This is called the obligation to provide information. If the user has not complied with the obligation to provide information, a clause from the general terms and conditions can in principle be annulled by the other party.

However, no claim can be made if the other party was aware of this clause or could be deemed to be aware of it at the time the agreement was concluded. This is called the awareness formula. This is the case, for example, when the parties regularly do business with each other and the general terms and conditions are only made available with the first agreement.