1. Where the consumer exercises the right of withdrawal under Article 16b, the consumer may only be required to pay for the service actually provided by the trader in accordance with the distance contract. The consumer shall pay for that service without undue delay. The amount payable shall not:
(a) exceed an amount which is in proportion to the extent of the service already provided in comparison with the full coverage of the distance contract;
(b) in any case be such that it could be construed as a penalty.
2. Member States may provide that consumers cannot be required to pay any amount for withdrawing from an insurance contract.
3. The trader may not require the consumer to pay any amount on the basis of paragraph 1 of this Article unless the trader can prove that the consumer was duly informed about the amount payable, in accordance with Article 16a(1), point (p). However, the trader may not require such payment if the trader commenced the performance of the contract before the exp
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