§ 3-52. What happens when the service provider has cancelled the contract

This section says what happens when the service provider has cancelled the contract because of the customer's breach. The parties no longer need to perform the agreement. If an account agreement or credit agreement was wholly or partly performed before the cancellation, the rules on the customer's notice of termination apply correspondingly. Otherwise, what has been received can be claimed back as far as possible, together with any return or significant benefit.

The reference to the termination rules has concrete content. When an account is closed, the customer is entitled to payment of the balance with accrued interest, a proportionate refund of costs paid in advance, and access to information about transactions from before the account was closed (§ 4-42 third paragraph). For credit, instalments, interest and costs must be paid according to the agreement until the credit has been repaid, and the lender can demand repayment no earlier than from the time the notice of termination takes effect. The customer also gets back a proportionate share of fees paid in advance (§ 5-13 second and third paragraphs).

Late payment interest can be claimed to the extent the Late Payment Interest Act provides a basis for it. For consumers, late payment interest only runs from the expiry of the two-week deadline that § 3-51 fourth paragraph gives for remedying the situation. Each party can require that the return takes place at the same time for everyone, as security for its own claim. An example using the roles in the law: a service provider cancels a credit agreement with a consumer. No interest claim can then be made against the consumer until the two-week deadline has expired.

This section is the counterpart to § 3-48 on the customer's right to cancel the contract. § 3-51 sets out the conditions for the service provider's cancellation. Complaints and dispute resolution follow §§ 3-53 and 3-54, and supervision § 3-55. Transitional rules in § 8-2 are also listed as a section that refers here.