ACC Belgium
ACC informs clients about indexation intention of agencies
ACC Belgium|
20 October 2022

The aftermath of the Corona crisis, the war in Ukraine and imploding energy prices mean that we live in a new reality, in which labor costs and operating costs, related to real estate, rental rates, gas and electricity, are very high.


A survey among the 195 ACC members shows that only 17% of the agencies have an indexation clause in the majority of their contracts. These agencies are entitled to invoke the price review clauses as formulated in their contract to meet inflation. Insofar as this can be concretely demonstrated on the basis of objective parameters and objective costs.


The same survey shows that 1 in 4 agencies is hesitant to pass on any form of indexation to its customers. However, the absence of a price revision clause in the contract between the client and the agency does not mean that no price revision can be made at all.


The following elements are important:

The parties must always perform the contract in good faith. This means that: if the principal automatically refuses any renegotiation of a price revision (despite today's specific financially difficult circumstances), thereby jeopardizing the economic equilibrium between the parties, the principal is failing to act in good faith. Which includes a contractual error.


The new contract law will come into effect on January 1, 2023. Contracts that are concluded afterwards can, subject to the fulfillment of the conditions attached thereto, from then on be adjusted or renegotiated on the basis of the concept of "changed circumstances" at the request of one of the parties, if new circumstances have arisen since the conclusion of the contract that prevent the execution of the contract. of the contract would be “unreasonable”.


This would thus mean that an increase in the hourly rates could be implemented because of the high costs that – difficult – can only be borne by the agencies.


The expected salary increase and rising costs are putting pressure on the prospects and scope for growth and innovation of all parties. ACC relies on the good relationship between clients and agencies and on the recognition of the added value of the agencies by the clients, to open up this delicate matter for discussion.

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