Following an ACM investigation, energy supplier Gulf refunds wrongfully charged early-termination fees

More than 1,500 customers of Dutch energy supplier Gulf Gas + Power paid wrongful or too high early-termination fees when they switched to a different supplier. This has been revealed in an investigation of the Netherlands Authority for Consumers and Markets (ACM). In order to compensate harmed consumers, Gulf has made a legally enforceable commitment to ACM. Customers that have paid wrongful or too high early-termination fees will get the excess amount refunded. If customers have an outstanding balance with Gulf, it will offset this against the refund. Gulf Gas + Power primarily target small businesses such as independent contractors.

Customers that terminate fixed contracts for the supply of natural gas and/or electricity before the end date often need to pay an early-termination fee to their suppliers. On 1 June 2023, new rules for setting the early-termination fees came into effect. The early-termination fee cannot be higher than the costs that the supplier incurs in connection with the termination. ACM’s investigation shows that Gulf did not set the early-termination fees in accordance with the rules. Furthermore, Gulf did not properly inform customers of the rules regarding early-termination fees, and it has, against the rules, automatically renewed part of the fixed contracts. As a result, customers had to pay wrongful early-termination fees when they switched.

Manon Leijten, Member of the Board of ACM, adds: “Following reports from consumers and independent contractors, ACM investigated the use of early-termination fees. The investigation revealed that Gulf failed to comply with the rules regarding early-termination fees. With this legally enforceable commitment, we ensure that customers that were harmed by this will get their money back.”

Consequences for Gulf customers

The commitment applies to all Gulf customers that have paid too high early-termination fees since 1 June 2023 (the date that new rules for early-termination fees came into effect). Gulf customers that have been impacted by this will, by mid-February at the latest, receive a credit invoice from Gulf stating the amount that will be refunded as well as the bank account number that Gulf has on file. If the bank account number is correct, customers do not need to take any action, and the money will be refunded by late March 2026 at the latest. If the bank account number is incorrect, customers need to inform Gulf thereof as soon as possible. If customers have an outstanding balance, Gulf will offset the credit amount against this.

Gulf has incorrectly calculated termination fees for over 1,400 customers, totaling 1.6 million euros. Furthermore, approximately 100 customers have paid 37,000 euros in wrongful early-termination fees as a result of automatic renewals.

ACM’s investigation

Following complaints, ACM has conducted an investigation into six energy suppliers. Because of this investigation, five energy suppliers have immediately taken measures to correct the mistakes and to prevent new ones from occurring. Since the situation found at Gulf was more serious than at the five other suppliers, ACM decided to continue to investigation into Gulf. Besides paying back the too high early-termination fees, Gulf has also committed to taking measures for preventing repeat occurrences. Over the next few months, ACM will keep an extra close watch on Gulf to see whether it complies with the commitment.

In December 2025, Gulf was acquired by Dutch energy supplier Eneco. Gulf will remain responsible for compliance with the commitment. Eneco has informed ACM of its efforts to have Gulf properly comply with the commitment. Gulf customers that have questions about the commitment may contact Gulf’s customer service by sending an email to vragen [at] gulfgasandpower [punt] nl. Also, more information about early-termination fees can be found on ACM’s website (in Dutch). Customers can file reports with ACM if problems with the commitment occur.