It is not enough to “hide” consent in the terms and conditions

Mgr. Nikola Šedová
24. June 2026
1 minute of reading
1 minute of reading
Legal news

A client named Jaroslav contacted us with the following question: “I filled out a form on a real estate listing online because I wanted more information about the property. Only then did I receive a demand to pay several thousand crowns for an alleged service. The company claims that I can’t cancel because I accepted the terms and conditions. Is that really true?”

Not necessarily. For contracts concluded online, the consumer generally has the right to withdraw within 14 days. Although the law allows for an exception for services if the service was fully provided before the expiration of this period, this applies only under strict conditions: the consumer must give explicit consent in advance to the commencement of performance, and the business must inform the consumer that by doing so, they lose the right to withdraw once the service has been fully provided.

Interestingly, according to the Supreme Administrative Court, it is not sufficient to “hide” such essential consent within lengthy terms and conditions and have the consumer confirm everything with a single click. The court specifically addressed a situation where a consumer accessed a paid service through a real estate ad and the price or fees were not clear from the outset; it characterized this practice as a serious error. In similar cases, we therefore recommend not paying automatically, withdrawing in writing in a timely manner, objecting to the lack of explicit consent, and requesting an explanation of when and how the price and the loss of the right of withdrawal were supposed to have been clearly agreed upon. If the amount involved is significant, we recommend consulting an attorney.

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