Proposal for a Directive of the European Parliament and of the Council on the protection of consumers in respect of certain aspects of timeshare, long-term holiday products, resale and exchange

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Tekst

COUNCIL OF THE EUROPEAN UNION

Interinstitutional File: 2007/0113 (COD)

Brussels, 11 October 2007

13820 LIMITE

CONSOM 116 JUSTCIV 263 CODEC 1061

NOTE

from: to:

No. previous doc. : No. Cion prop

Subject:

Presidency

Working Party on Consumer Protection and Information

13281/07 CONSOM 110 JUSTCIV 242 CODEC 996

10686/07 CONSOM 82 JUSTCIV 168 CODEC 657

Proposal for a Directive of the European Parliament and of the Council on the

protection of consumers in respect of certain aspects of timeshare, long-term

holiday products, resale and exchange

Delegations will find attached the Presidency text on the above mentioned proposal.

The additions with respect to the Commission's proposal are marked in bold, whilst additions with respect to previous document 13281/07 are marked in bold/underlined and deletions are marked with strikethrough.

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ANNEX

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the protection of consumers in respect of certain aspects of timeshare, long-term holiday

products, resale and exchange

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,

Having regard to the proposal from the Commission1,

Having regard to the opinion of the European Economic and Social Committee2,

Acting in accordance with the procedure laid down in Article 251of the Treaty3,

Whereas:

(1) Since the adoption of Directive 94/47/EC of the European Parliament and the Council of 26 October 1994 on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis4, timeshare has evolved and new holiday products similar to it have appeared on the market. These new holiday products and certain transactions related to timeshare, such as resale and exchange, are not covered by Directive 94/47/EC. In addition, experience with the application of Directive 94/47/EC has shown that some points already covered need to be updated or clarified.

OJ C […], […], p. […] OJ C […], […], p. […] OJ C […], […], p. […] OJ L 280, 29.10.1994, p. 83.

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3

4

(2)     The existing regulatory gaps create appreciable distortions of competition and cause serious problems for consumers, thus hindering the smooth functioning of the internal market. Directive 94/47/EC should therefore be replaced by a new up to date directive.

(3)     In order to enhance legal certainty and fully achieve the benefits of the internal market for consumers and businesses, the relevant laws of the Member States need to be approximated further. However, for certain aspects Member States should be able to continue to apply stricter rules. Therefore, certain aspects of the marketing, sale and resale of timeshare and long-term holiday products as well as exchange of timeshare should be fully harmonised. Member States should not be allowed to maintain or introduce national provisions other than those laid down in this Directive. However, such restriction should only apply where there are provisions harmonised in this Directive. Where no such harmonised provisions exist, Member States should remain free to maintain or introduce national legislation.

(4)     This Directive should be without prejudice to national rules relating to registration of immovable or movable property, conditions of establishment or authorisation regimes or licensing requirements, determination of the legal nature of the rights which are the subject of the contracts covered by this Directive.

(5)     The different products covered by this Directive should be clearly defined and the provisions concerning pre-contractual information and the contract should be clarified and updated.

(5a) The definition of timeshare does not include in its scope multi-annual reservations of hotel room or ordinary lease contracts, even if prepaid and with a duration of more than one year.

(6)     The consumer should have the right to choose the language to be used for the pre-contractual information and in the contract.

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(7)     In order to give the consumer the possibility to fully understand what his obligations and rights are under the contract he should be allowed a period during which he may withdraw from the contract without having to justify it. Currently the length of this period varies between Member States, and experience shows that the length prescribed in Directive 94/47/EC is not sufficiently long. The period should therefore be extended and harmonised.

(8)     The prohibition on advance payments to the trader or any third party before the end of the withdrawal period should be clarified in order to improve consumer's protection. For resale, the prohibition of advance payment should apply until the actual sale has taken place or the resale contract has been terminated.

(9)     In the event of withdrawal from a contract where the price is entirely or partly covered by credit granted to the consumer by the trader or by a third party on the basis of an agreement between that third party and the trader, the credit agreement should be terminated without any penalty. The same should apply to ancillary contracts, such as contracts for membership in exchange systems.

(10)   The consumer should not be deprived of the protection granted by this Directive. This should also be the case where the law of a non-Member State is the law applicable to the contract.

(11)   It is necessary that Member States lay down effective, proportionate and dissuasive sanctions for infringements of this Directive.

(12)   It is necessary to ensure that persons or organisations having, under national law, a legitimate interest in the matter have legal remedies for initiating proceedings against infringements of this Directive.

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(13)   It is necessary to develop suitable and effective redress procedures in the Member States for settling disputes between consumers and traders. To this end, Member States should encourage public or private bodies established for settling disputes out-of-court.

(14)   Member States should ensure that consumers are effectively informed of the national provisions transposing this Directive and encourage traders to inform about their codes of practice that exist in the field.

(15)   Since the objectives of this Directive cannot be sufficiently achieved by the Member States and can therefore be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to eliminate the internal market barriers and achieve a high common level of consumer protection.

(16)   This Directive respects the fundamental rights and observes the principles recognised in particular by the European Convention on Human Rights and Fundamental Freedoms and the Charter of Fundamental Rights of the European Union,

HAVE ADOPTED THIS DIRECTIVE:

Article 1 Purpose and scope

  • 1. 
    This Directive shall apply to the protection of consumers The purpose of this Directive is to contribute to the proper functioning of the internal market and achieve a high level of consumer protection by approximating the laws, regulations and administrative provisions of the Member States in respect of certain aspects of the marketing, sale and resale of timeshare and long-term holiday products as well as to an exchange of timeshare. It shall also apply to the resale of timeshare and long-term holiday products, and the exchange of timeshare.

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1a. This Directive applies to trader-to-consumer transactions.

This Directive is without prejudice to national legislation providing for general contract law remedies enabling the consumer to terminate the contract.

  • 2. 
    Member States may adopt or continue to apply national provisions in the field approximated by this Directive which are more stringent to ensure a higher level of consumer protection in accordance with Community law, and which relate to:

(a) the

for the

of withdrawal;

(b)     the modalities of exercising the right of withdrawal;

(c)     the effects of exercising the right of withdrawal.

Article 2 Definitions

  • 1. 
    For the purposes of this Directive the following definitions shall apply:

(a)     ’timeshare contract’ means a contract of a duration of more than one year by which a consumer acquires against for consideration the right to use one or more overnight accommodation for more than one period of occupation;

(b)     ’long-term holiday product contract’ means a contract of a duration of more than one year by which a consumer acquires against for consideration primarily the right to obtain discounts or other benefits on accommodation, in isolation or together with travel or other services;

(c)     ’resale contract’ means a contract by which a trader, against for consideration, helps assists a consumer to sell or buy a timeshare or a long-term holiday product;

(d)     ’exchange contract’ means a contract by which a consumer against for consideration joins an exchange system which allows him to modify the location and/or time of his timeshare interest through an exchange;

(e)     ’trader’ means a natural or legal person who is acting for purposes relating to his trade, business, craft or profession and anyone acting in the name of or on behalf of a trader;

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(f)     ’consumer’ means a natural person who is acting for purposes which are outside his trade, business, craft or profession;

(g)     'ancillary contract' means any contract which is subordinated to dependent on another contract. the timeshare contract, long-term holiday product contract, exchange contract or resale contract;

(ga) 'durable medium' means any instrument which enables the consumer to store information addressed personally to him/her in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored.

  • 2. 
    In order to calculate the duration of the contract, as defined in points (a) and (b) of paragraph 1, any time extension resulting from tacit renewal or prolongation shall be included.

Article 3 Precontractual information and aAdvertising and precontractual information

  • 1. 
    Member States shall ensure that any advertising indicates the possibility of obtaining the written information referred according to paragraph 2 and where it can be obtained.
  • 2. 
    In reasonable time before the consumer is bound by any contract or offer Tthe trader shall provide interested consumers with a consumer requesting information with written information which, in addition to a general description of the product, shall provide at least brief and accurate information on the following items, where applicable:

(a)     in the case of timeshare contract, the information set out in Annex I and, if the contract concerns accommodation under construction, the information set out in Annex II;

(b)     in the case of a long-term holiday product contract, the information set out in Annex III;

(c)     in the case of resale contract, the information set out in Annex IV;

  • d) 
    in the case of exchange contract, , the information set out in Annex V.

The information shall be provided by the trader on paper or another durable medium and free of charge.

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  • 3. 
    In case of resale the trader's obligation to provide the information under paragraph 2 applies towards the consumer who may enter into the resale contract.
  • 4. 
    The information referred to in paragraph 2 shall be drawn up in one of the official languages of the Community, as chosen by the consumer.

Article 3a

Promotion or sales events

1.      If timeshare or a long-term holiday product is to be offered to a consumer in person at a promotion or sales event, the trader shall in the invitation clearly indicate the commercial purpose and the nature of the event.

2.      The information referred to in Article 3(2)(a) or, where applicable, Article 3(2)(b) shall be available to the consumer at any time during the event.

3.      A Timeshare interest must not be marketed or sold as an investment.

Article 4 The contract

  • 1. 
    Member States shall ensure that the contract is in writing and drawn up in one of the official languages of the Community, as chosen by the consumer.
  • 2. 
    The written information referred to in Article 3 (2) shall form an integral part of the contract and shall not be altered unless the parties expressly agree otherwise or the changes result from circumstances beyond the trader’s control unusual and unforeseeable circumstances beyond the trader’s control, the consequences of which could not have been avoided even if all due care had been exercised.

Changes resulting from circumstances beyond the trader’s control These changes shall be communicated on paper or another durable medium to the consumer before the contract is concluded.

The contract shall expressly mention any such changes.

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2a. Without prejudice In addition to the information referred to in Article 3(2) or other relevant information that the trader decides to provide, the contract shall identify contain the identity and, the residence and signatures of the parties, including specific information on the trader’s legal status at the time of the conclusion of the contract, the signature of the parties and the date and the place where the contract is concluded of the conclusion of the contract;

(b) the exact

the

the

of the contract may be

tion; the date on

the consumer may

start to

the contractual right.

3.

4.

Before the signing conclusion of the contract, the trader shall explicitly draw the consumer’s attention to the existence of the right of withdrawal and the length of the withdrawal period referred to in Article 5 and the ban on advance payment during the withdrawal period referred to in Article 6.

The corresponding contractual clauses shall be written in a sp separately by the consumer. The specific document shall be the moment of the signature of the contract.

The consumer shall receive a copy of the contract.

document signed

to the consumer

1.

Article 5 Right of withdrawal

Member States shall ensure that, after entering into a contract, the consumer has the right a period of fourteen calendar days to withdraw from the contract, without giving any reason

fourteen calendar days of both

the contract or of both

a

binding preliminary contract. If the fourteenth day is a public holiday, the period shall be extended to the first working day thereafter.

That withdrawal period shall begin:

(a) either from the day of the conclusion of the contract or a binding preliminary contract, or

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(b) from the day on which the consumer receives the contract or a biding preliminary contract if that day is later than the date referred to in point (a) of this subparagraph.

If the fourteenth day is a public holiday, the withdrawal period shall be extended to the first working day thereafter.

  • 2. 
    If the contract does not include all the information referred to in points (a) to (p) (o) of Annex I, and points (a) and (b) of Annex II, points (a) to (i) of Annex III, points (a) to (g) of Annex IV or points (a) to (k) of Annex V, but the information is provided in writing within three months after the signing of the contract, the withdrawal period shall start from the day the consumer receives that information.
  • 3. 
    If the information referred to in points (a) to (p) (o) of Annex I, points (a), (b) and (d) of Annex II, points (a) to (i) of Annex III, points (a) to (g) of Annex IV or points (a) to (k) of Annex V has not been provided in writing within three months after the signing of the contract, the right of withdrawal shall expire after three months and fourteen calendar days from the signing of the contract.
  • 4. 
    If the consumer intends to exercise the right of withdrawal he shall, before the expiry of the deadline, notify the person whose name and address appear in the contract for that purpose pursuant to point (p) of Annex I. by means which can be proven in accordance with national law. The deadline shall be deemed to have been observed if the notification, if it is in writing on paper or another durable medium, is dispatched before the deadline expires.
  • 5. 
    Where the consumer exercises the right of withdrawal, he is required to reimburse only those expenses which, in accordance with national law, are incurred as a result of the conclusion of and withdrawal from the contract for legal formalities which have to be completed before the deadline referred to in paragraph 1. Such expenses shall be expressly mentioned in the contract.
  • 6. 
    Where the consumer exercises the right of withdrawal provided for in paragraph 3, he shall not be required to make any reimbursement.

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Article 6 Advance payment

  • 1. 
    Member States shall ensure that any advance payment, provision of guarantees, reservation of money on a credit card accounts, explicit acknowledgement of debt or any other consideration to the trader or to any third party by a consumer before the end of the period, during which he may exercise the right of withdrawal in accordance with Article 5 (1) to 5 (3), is prohibited.
  • 2. 
    Any payment, provision of guarantees, reservation of money on a credit card accounts, explicit acknowledgement of debt or any other consideration to the trader or to any third party by the consumer for resale before the actual sale has taken place or the resale contract otherwise is terminated, is prohibited.

Article 7 Termination of ancillary contracts and credit agreements

  • 1. 
    Member States shall ensure that, if the consumer exercises his right to withdraw from the contract for timeshare or long-term holiday product, any ancillary contracts, including exchange, are automatically terminated, without any penalty or compensation.
  • 2. 
    If the price is fully or partly covered by a credit granted to the consumer by the trader, or by a third party on the basis of an agreement between the third party and the trader, the credit agreement shall be terminated, without any penalty, if the consumer exercises his right to withdraw from the main contract, as provided for in Article 5.
  • 3. 
    The Member States shall lay down detailed rules on the termination of such contracts.

Article 8 Imperative nature of the Directive

  • 1. 
    Member States shall ensure that, if the law applicable to the contract is the law of a Member State, any contractual clauses whereby the consumer waives his rights, as provided for in this Directive, shall not be binding.

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  • 2. 
    Whatever the applicable law, the consumer shall not be deprived of the protection granted by this Directive, if the immovable property concerned is situated within the territory of a Member State or the contract has been entered into in a Member State.

Article 9 Judicial and administrative redress

  • 1. 
    Member States shall ensure that adequate and effective means exist to ensure compliance with this Directive in the interests of consumers.
  • 2. 
    The means referred to in paragraph 1 shall include provisions whereby one or more of the following bodies, as determined by national law, may take action in accordance with national law before the courts or competent administrative bodies to ensure that the national provisions for the implementation of this Directive are applied:

(a)     public bodies or their representatives;

(b)     consumer organisations having a legitimate interest in protecting consumers;

(c)     professional organisations having a legitimate interest in acting.

Article 10 Consumer information and out-of court redress

  • 1. 
    Member States shall take the appropriate measures to inform the consumer of the national law transposing this Directive and shall encourage, where appropriate, traders to inform consumers of their codes of conduct.
  • 2. 
    Member States shall encourage the setting up or development of adequate and effective out-of-court complaints and redress procedures for the settlement of consumer disputes under this Directive.

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Article 11 Sanctions

  • 1. 
    Member States shall provide for appropriate sanctions in the event of the failure of the trader to comply with the national provisions adopted pursuant to this Directive.
  • 2. 
    These sanctions must be effective, proportionate and dissuasive.

Article 12 Transposition

  • 1. 
    Member States shall adopt and publish, by […] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.

They shall apply those provisions from […].

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

  • 2. 
    Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

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Article 13 Review

The Commission shall review this Directive and report to the European Parliament and the Council no later than five years after the date of application of the national provisions transposing this Directive.

If necessary, it shall make further proposals to adapt it to developments in the area.

The Commission may request information from the Member States and the national regulatory authorities.

Article 14 Repeal

Directive 94/47/EEC is repealed.

References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex III VI.

Article 15 Entry into force

The Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Article 16 Addressees

This Directive is addressed to the Member States.

Done at Brussels,

For the European Parliament                     For the Council

The President                                            The President

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ANNEX I TO ANNEX

ANNEX I (timeshare) Information referred to in Article 3 (2)

(a)     The identity and residence of the parties, including specific information on the trader's and its legal status at the time of the conclusion of the contract, the signatures of the parties and the date and the place where the contract is concluded;

(b)     the exact nature of the right which is the subject of the contract and a clause setting out the conditions governing the exercise of that right within the territory of the Member States(s) in which the property or properties overnight accommodation concerned are situated and if those conditions have been fulfilled or, if they have not, what conditions remain to be fulfilled;

(c)     where the contract concerns a specific immovable property, an accurate description of that property and its location; where the contract concerns a number of properties (multi-resorts), an appropriate description of the properties and their location; where the contract concerns accommodation other than immovable property, an appropriate description of the accommodation and the facilities;

(ca) the exact period within which the right which is the subject of the contract may be

exercised and, if necessary, its duration; the date on which the consumer may start to exercise the contractual right;

(d)     the services (e.g. electricity, water, maintenance, refuse collection) to which the consumer has or will have access to and under what conditions;

(e)     where applicable, the common facilities, such as swimming pool, sauna, etc, to which the consumer has or may have access and under what conditions;

(f)     how maintenance and repairs to the accommodation of the property and its administration and management are arranged, including whether and how consumers may influence and participate in the decisions regarding these issues;

(fa) the price to be paid by the consumer for the timeshare;

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(g) an accurate description of how all costs associated with the timeshare interest; how these costs will be allocated to the consumers and how and when such costs may be increased;

(ga) where relevant applicable , information on whether there are any charges, mortgages, encumbrances or any other liens recorded against title to the accommodation;

(h) the exact period within which the right which is the subject of the contract may be exercised and, if necessary, its duration; the date on which the consumer may start to exercise the contractual right;

(i) the price to be paid by the consumer, an estimate of the amount to be paid by the consumer for the use of common facilities and services; the basis for the calculation of the amount of charges relating to occupation of the property, the mandatory statutory charges (for example, taxes and fees) and the administrative overheads (for example, management, maintenance and repairs);

(j) a clause stating that the consumer shall not bear any other costs or obligations other than those specified in the contract;

(k) whether or not it is possible to join a scheme system for the exchange or resale of the contractual rights, information about the relevant schemes exchange system and an indication of costs related to resale and exchange through these schemes this system;

(l) indication of the language(s) available for post-sale communication in relation to the contract, for instance in relation to management decisions, increase of costs and the handling of queries and complaints;

(m) information on the right to withdraw from the contract and the consequences of withdrawing from the contract, including a precise indication of the nature and amount of the costs which the consumer will be required to reimburse pursuant to Article 5 (5) if he exercises his right to withdraw; where appropriate, information on the arrangements for the termination of the credit agreement and the ancillary contract linked to the contract in the event of withdrawal from the contract; information about the consequences of such withdrawal;

(n) information about the ban on advance payments during the period during which the consumer has a right to withdraw from the contract in accordance with Article 5 (1) to 5 (3)

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(o) indication to whom and how the withdrawal notification is to be sent;

(p) the existence, content, control and enforcement information on whether the trader is a signatory of codes of conduct or not;

(q) where applicable, the possibility for out-of-court dispute resolution.

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ANNEX II TO ANNEX

Annex II (timeshare) Additional requirements for accommodation under construction, as referred to in Article 3

(a)     the state of completion for the accommodation and the services rendering the accommodation fully operational (gas, electricity, water and telephone connections);

(b)     a reasonable estimate of the deadline for completion of the accommodation and the services rendering it fully operational (gas, electricity, water and telephone connections);

(c)     where it concerns a specific immovable property applicable, the number of the building permit and the name(s) and full address(es) of the competent authority or authorities, if the contract concerns a specific immovable property;

(d)     where applicable, a guarantee regarding completion of the accommodation or a guarantee regarding reimbursement of any payment made if the accommodation is not completed and, where appropriate, the conditions governing the operation of such guarantees.

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ANNEX III TO ANNEX

ANNEX III (long-term holiday products) Information referred to in Article 3 (2)

(a)     The identity and residence of the parties, including specific information on the trader's and its legal status at the time of the conclusion of the contract, the signatures of the parties and the date and the place where the contract is concluded;

(b)     the exact nature of the right which is the subject of the contract;

(c)     the exact period for exercising the right which is the subject of the contract and, if necessary, its duration; the date on which the consumer may start to exercise the contractual right;

(d)     the price to be paid by the consumer;

(e)     a clause stating that the consumer shall not bear any other costs or obligations other than those specified in the contract;

(f)     indication of the language(s) available for post-sale communication in relation to the contract, for instance in relation to the handling of queries and complaints;

(g)     information on the right to withdraw from the contract and the consequences of withdrawing from the contract, including a precise indication of the nature and amount of the costs which the consumer will be required to reimburse pursuant to Article 5 (5) if he exercises his right to withdraw; where appropriate applicable , information on the arrangements for the termination of the any credit agreement and the ancillary contract linked to the contract in the event of withdrawal from the contract; information about the consequences of such withdrawal;

(h) information about the ban on advance payments during the period during which the consumer has a right to withdraw from the contract in accordance with Article 5 (1) to 5 (3);

(i) indication to whom and how the withdrawal notification is to be sent;

(j) the existence, content, control and enforcement information on whether the trader is a signatory of codes of conduct or not;

(k) where applicable, the possibility for out-of-court dispute resolution.

13820/07                                                                                             LL/ag                          19

ANNEX III TO ANNEX                      DG I                        LIMITE EN

ANNEX IV TO ANNEX

ANNEX IV (resale) Information referred to in Article 3 (2)

(a)     The identity and residence of the parties, including specific information on the trader's and its legal status at the time of the conclusion of the contract, the signatures of the parties and the date and the place where the contract is concluded;

(b)     the price to be paid by the consumer for the resale services;

(c)     a clause stating that the consumer shall not bear any other costs or obligations other than those specified in the contract;

(d)     indication of the language(s) available for communication with the trader, for instance in relation to the handling of queries and complaints;

(e)     information on the right to withdraw from the resale contract and the consequences of withdrawing from the contract, including a precise indication of the nature and amount of the costs which the consumer will be required to reimburse pursuant to Article 5 (5) if he exercises his right to withdraw.;

(f)     information about the ban on advance payments until the actual sale has taken place or the resale contract otherwise is terminated;

(g)     indication to whom and how the withdrawal notification is to be sent;

(h) the existence, content, control and enforcement information on whether the trader is a signatory of codes of conduct or not;

(i) where applicable, the possibility for out-of-court dispute resolution.

13820/07                                                                                             LL/ag                          20

ANNEX IV TO ANNEX                     DG I                        LIMITE EN

ANNEX V TO ANNEX

ANNEX V (exchange) Information referred to in Article 3 (2)

(a)     The identity and residence of the parties, including specific information on the trader's and its legal status at the time of the conclusion of the contract, the signatures of the parties and the date and the place where the contract is concluded;

(b)     the exact nature of the right which is the subject of the contract

(c)     an appropriate description of the properties and their location; where the contract concerns accommodation other than immovable property, an appropriate description of the accommodation and the facilities;

(d)     the exact period within which the right which is the subject of the contract may be exercised and, if necessary, its duration; the date on which the consumer may start to exercise the contractual right;

(e)     the price to be paid by the consumer, an estimate of the amount to be paid by the consumer for the use of common facilities and services; the basis for the calculation of the amount of charges relating to occupation of the property, the mandatory statutory charges (for example, taxes and fees) and the administrative overheads (for example, management, maintenance and repairs);

(f)     a clause stating that the consumer shall not bear any other costs or obligations other than those specified in the contract;

(g)     indication of the language(s) available for communication with the trader , for instance in relation to the handling of queries and complaints;

(h) explanation of how the exchange system works; the possibilities and modalities for exchange, as well as an indication of the number of resorts available and the number of members in the exchange system and a set of examples of concrete exchange possibilities;

13820/07                                                                                             LL/ag                          21

ANNEX V TO ANNEX                      DG I                        LIMITE EN

(i) information on the right to withdraw from the contract and the consequences of withdrawing from the contract, including a precise indication of the nature and amount of the costs which the consumer will be required to reimburse pursuant to Article 5 (5) if he exercises his right to withdraw; where appropriate, information on the arrangements for the termination of the credit agreement and the ancillary contract linked to the contract in the event of withdrawal from the contract; information about the consequences of such withdrawal;

(j) information about the ban on advance payments during the period during which the consumer has a right to withdraw from the contract in accordance with Article 5 (1) to 5 (3)

(k) indication to whom and how the withdrawal notification is to be sent;

(l) the existence, content, control and enforcement information on whether the trader is a signatory of codes of conduct or not;

(m) where applicable, the possibility for out-of-court dispute resolution.

13820/07                                                                                             LL/ag                          22

ANNEX V TO ANNEX                      DG I                        LIMITE EN

2.

Originele weergave

afbeelding document
 
 

3.

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