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COUNCIL OF THE EUROPEAN UNION
Interinstitutional File: 2007/0113 (COD)
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Brussels, 16 July 2008
(OR. en,fr)
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CONSOM 87 JUSTCIV 142 CODEC 945
NOTE
from: to:
Presidency
Permanent Representatives Committee
No. Cion prop.: 10686/07 CONSOM 82 JUSTCIV 168 CODEC 657
Subject: 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 (LA) (First reading in European Parliament) – Preparation of the informal trialogue
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1.At its meeting on 18 June 2008, the Permanent Representatives Committee scrutinised the above text, which contains compromise proposals put forward by the Slovenian Presidency 1 in order to prepare the Presidency's mandate for negotiations with the European Parliament in the trialogue on 23 June 2008. In particular, the Committee examined five main topics: – consequences of missing information from the trader (Article 5); – pre-contractual and contractual information (for the Annexes); – format for presenting pre-contractual information to the consumer (Article 3a and standard forms in the Annexes);
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UNREVISED TRANSLATION
– application of the Directive in international cases (Article 8); – contracts subject to confirmation of the credit after conclusion of the contract (Article 4(5).
Since these questions were not fully resolved, the Committee decided to refer them back to the Working Party for technical discussion.
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2.At the second informal trialogue meeting on 23 June 2008, the European Parliament took note of the outcome of discussions in the Committee on 18 June 2008, agreeing to postpone its first-reading vote (initially scheduled for the July 2008 plenary session) to the second plenary session, in September 2008. It also expressed its concern at the need for progress in the Council's discussions.
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3.The French Presidency continued discussions at Working Party meetings on 4 July 2008 (attaché level) and on 14 and 15 July 2008, during which the whole of the text was scrutinised. Particular attention was devoted to the above five topics, on which the Presidency tabled successive compromise proposals, in the hope of accommodating both the delegations and the European Parliament, with the aim of narrowing down the differences between the various parties as far as possible.
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4.The Presidency considers that major progress has been made on points (b) and (c) on the arrangements for pre-contractual and contractual information (Articles 3a and 4 and the standard information forms in the Annexes). Only some technical adjustments are still outstanding, which will be made later in the light of discussions with the European Parliament.
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5.As regards the other three topics referred to in paragraph 1, the Presidency wishes to submit the following compromise text to the Permanent Representatives Committee:
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UNREVISED TRANSLATION
(a) Contract subject to confirmation of the credit (Article 4(5))
Delaying the conclusion of contracts subject to confirmation of the credit (Article 4(5)) still
raises difficulties. In the Working Party, a number of delegations entered reservations on
requiring the parties to agree to application of this provision in advance, which would remove
the whole point of the solution, which was designed to protect the consumer. There are
therefore three possible options:
– keeping the current text of Article 4(5) ;
– keeping the current text, apart from the words "provided both parties agree";
– deletion of Article 4(5) and referral to national legislation, in the form of a recital
confirming that the matter is not included in the scope of the Directive. This could be done by adding the following wording from recital 37 of Directive 2008/48/EC on consumer credit, at the end of recital 3a: "For instance, Member States remain free to keep or introduce national provisions according to which no commitment may be entered into between the consumer and a supplier of timeshare or long term holiday product, nor any payment made between those persons, as long as the consumer has not signed the credit agreement to finance the purchase of these services.".
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UNREVISED TRANSLATION
(b) Consequences of missing information from the trader (Article 5)
Following the various alternative arrangements suggested by successive Presidencies in the Working Party and in the Permanent Representatives Committee, the Presidency considers that it would be preferable to keep the option supported by the largest number of delegations, viz., expiry of the right of withdrawal at the end of a period of one year and 14 days following conclusion of the contract (or its receipt) if the standard information on the right of withdrawal is provided late, or three months and 14 days following conclusion of the contract (or its receipt) if other information on the contract has been provided late. In order to meet the European Parliament's concern to dissuade traders from providing such information late and thus to increase consumer protection, the Presidency suggests adding a reference to appropriate sanctions which Member States may provide for in their national legislation under Article 11 of the present text, in respect of any traders who do not abide by the above two deadlines.
(c) Application of the Directive in international cases (Article 8)
In the light of discussions in Coreper on 18 June 2008 and in the Working Party, the Presidency is submitting a compromise solution based on suggestions from a number of delegations (see footnote 38), designed, when the law applicable to a timeshare contract is the law of the third country, to amend the second linking factor, thus keeping the concept of professional activities pursued in or directed towards a Member State only in the case of contracts not related to a right in rem in immovable property. The Presidency considers that this arrangement, broadly based on Article 6(3)(c) of Regulation (EC) No 593/2008 ("Rome I"), would make for a high level of consumer protection while making the best possible provision for the specific situation in certain Member States where these rights in rem in immovable property exist.
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UNREVISED TRANSLATION
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6.The Presidency also requests delegations to inform the Committee whether they would be able to withdraw the reservations or scrutiny reservations set out in the footnotes, thus paving the way for future discussions with the European Parliament.
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7.Given the foregoing, the Permanent Representatives Committee is requested to:
– discuss and reach agreement on the three main questions still outstanding, described in paragraph 5;
– agree that the text annexed hereto, as discussed by the Committee, should constitute a negotiating mandate for the Presidency for the third informal trialogue meeting scheduled for the beginning of September 2008.
Delegations should note that, in the Annex hereto, additions to the Commission proposal are indicated in bold, with deletions shown in strike out. Additions made by the Presidency to 11640/08, examined at the Working Party meeting on 14 and 15 July 2008, are in bold and underlined, with deletions in bold and strike out.
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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 Commission2,
Having regard to the opinion of the European Economic and Social Committee3,
Acting in accordance with the procedure laid down in Article 251of the Treaty4,
Whereas:
(-1)
plays an
the
and long-term
growth and
tivity by
role in the
of the Member
have to be
to greater
ting a mini
of common
(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 basis5, 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 contracts and exchange contracts, 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, with a view to prevent the development of products which aims to circumvent this Directive.
OJ C 197, 17.8.2007, p. 4. OJ C 44, 16.2.2008, p. 27. OJ C […], […], p. […]. OJ L 280, 29.10.1994, p. 83.
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(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. Since tourism plays an increasingly important role in the economies of the Member States, the timeshare and long-term holiday product industries should be encouraged to greater growth and productivity by adopting certain common rules.
(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 in their national legislation provisions diverging from those laid down in this Directive. Where no such harmonised provisions exist, Member States should remain free to maintain or introduce national legislation in conformity with Community law, for instance on the effects of exercising the right of withdrawal in legal relationships outside the scope of this Directive.6
(3a) This Directive should be without prejudice to the application by Member States, in
accordance with Community law, of the provisions of this Directive to areas not covered by its scope. A Member State could thereby maintain or introduce national legislation corresponding to the provisions of this Directive or certain of its provisions on transactions that fall outside the scope of this Directive.7
(4)
should be
to national rules relating to
or movable
of
or
licensing requirements, determination of the legal nature of the the contracts covered by this Directive.
of
or
hich are the subject of
DELETED: scrutiny reservation on this recital.
DELETED: reservation (need for clarification from the COM on the concepts of maximum and minimum
harmonisation).
DELETED: reservation on this addition suggested by DELETED.
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(5) The different products contracts covered by this Directive should be clearly defined and the in such a way as to preclude circumvention of its provisions concerning pre-contractual information and the contract should be clarified and updated.
(5a) The definition of timeshare should not include in its scope multiple reservations of accommodation, including hotel rooms, insofar as the multiple reservations does not imply rights and obligations beyond those arising from a separate reservations. Ordinary lease contracts should also not be included in the scope since they refer to one single continuous period of occupation and not to multiple periods.
(5b) Ordinary loyalty schemes, providing discounts on future stays in the hotels of a hotel chain should not be covered by the definition of long-term holiday products since membership in the scheme is not obtained for consideration or the consideration paid by the consumer is not primarily for the purpose of obtaining discounts or other benefits on accomodation.
(5ba) This Directive should not cover or8affect the provisions of Directive 90/314/EC on package travel, package holidays and package tours.
(5c) Directive 2005/29/EC of the European Parliament and the Council concerning unfair business-to-consumer commercial practices in the internal market prohibits misleading, aggressive and other unfair commercial business-to-consumer practices. Given the nature of the products and the commercial practices related to timeshare, long-term holiday products, exchange and resale, it is appropriate to adopt more detailed and specific provisions regarding information requirements and sales events. The commercial purpose of invitations to sales events should be made clear to the consumer. The provision concerning pre-contractual information and the contract should be clarified and updated. In order to give the consumer the possibility to get acquainted with the information before the conclusion of the contract, it should be provided by means which are easily accessible to him at that time.
DELETED: scrutiny reservation.
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(6) The consumer should have the right to choose the a language he is familiar with to be used for the pre-contractual information and in the contract and the trader should not refuse to provide that information and the contract in the language chosen by the consumer. In addition, in order to facilitate the execution of the contract and the enforcement, Member States should be allowed to determine that further language versions of the contract should be provided to the consumer.
(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 and without bearing any cost. 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, in order to achieve a high level of consumer protection and more clarity for consumers and traders, and the length of the period, the modalities for and the effects of exercising the right of withdrawal should be harmonised.9
(7a) Council Regulation (EEC, Euratom) N° 1182/71 of 3 June 1971 determining the rules applicable to periods, dates and time limits should apply to the calculation of the periods contained in this Directive.
(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 contracts, the prohibition of advance payment should apply until the actual sale has taken place or the resale contract has been terminated, but Member States remain free to regulate the possibility and modalities of final payments to intermediaries in the event that once the resale contract has been terminated.
9 DELETED|: to clarify the effects of withdrawal in art. 5b, it would be necessary to add the following two
sentences at the end of recital (7): "The exercise of the right of withdrawal by the consumer terminates the obligations of the parties arising from the contract with an effect by the conclusion of the contract. The effect of the right of withdrawal should ensure the same situation for the consumer as if the contract has never been concluded".
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(8a) For long-term holiday product contracts, the price to be paid in the context of a
staggered payment schedule should could take into consideration the possibility that subsequent amounts could be adjusted after the first year in order to ensure that the real value of those instalments is maintained, for instance to account for inflation of the revision of the corresponding yearly instalments, due to exogenous economic factors such as inflation.10
(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 arrangement11 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 for other related services provided by the trader or by a third party on the basis of an arrangement between that third party and the trader.
(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. The consumer should not be deprived of the protection granted by this Directive where the law applicable to the contract is the law of a Member State. The law applicable to a contract should be determined in accordance with the Community rules on private international law, in particular Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I). Under this Regulation, the law of a third country may be applicable in particular where consumers are targeted by traders whilst on holiday in a country other than their country of residence. Given that such commercial practices are common in the area covered by this Directive and that the contracts concern considerable amounts, an additional safeguard should be provided to ensure that the consumer, in certain specific situations, in particular when a court in one of the Member States has jurisdiction over the contract, is not deprived of the protection granted by this Directive. This concept reflects the particular needs of consumer protection arising from the typical complexity, long term nature and financial relevance of the contracts in the scope of this Directive.12
10
11
12
ELETED: reservation.
ELETED: reservation on "arrangement" as they prefer "agreement". DELETED considers that the present proposal of Directive does not give additional safeguard.
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(10a) The courts having jurisdiction in proceedings which have as their object matters
covered by this Directive should be determined in accordance with Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters.
(11) It is necessary that Member States lay down effective, proportionate and dissuasive sanctions penalties13 for infringements of this Directive, in particular in the event of the failure of the trader to comply with the information requirements [set out in Article 5(2)] after the period of withdrawal has expired.
(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.
(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 that public or private bodies established for settling disputes out-of-court are established.
(14) Member States should ensure that consumers are effectively informed of the national provisions transposing this Directive and encourage traders and code owners to inform about their codes of practice conduct that exist in the field. With the aim of pursuing a high level of consumer protection, consumers’ organisations could be informed and involved in the drafting of codes of conduct.
(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.
This change concerns only the EN version.
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(17) In accordance with paragraph 34 of the Interinstitutional agreement on better law-making14, Member States are encouraged to draw up, for themselves and in the interest of the Community, their own tables, which will, as far as possible, illustrate the
correlation between this Directive and the transposition measures and to make them public.15
HAVE ADOPTED THIS DIRECTIVE:
OJ C 321, 31.12.2003, p. 1.
COM: reservation related to the deletion in Article 12.
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Article 1 Purpose and scope
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1.
This Directive shall apply to the protection of consumersThe purpose of this Directive is to contribute to the proper functioning of the internal market and to achieve16 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, andsale and resale of timeshare and long-term holiday products as well as to exchange of timeshare.It shall also apply to the resale of timeshare and long-term holiday products, and the exchange of timeshare.
1a. This Directive applies to trader-to-consumer transactions. This Directive is without prejudice to national legislation:
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-providing for general contract law remedies
enabling the consumer to terminate the contract; -
-relating to registration of immovable or movable property and conveyance of immovable property;
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-relating to conditions of establishment or authorisation regimes or licensing requirements; and
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-relating to the determination of the legal nature of the rights which are the subject of the contracts covered by this Directive.
Member States may continue to apply national provisions in the field approximated by t Directive which are more stringent to ensure a higher level of consumer protection and relate to:
(a) the starting point for the right of withdrawal;
(b) the modalities of exercising the right of withdrawal;
(c) the effects of exercising the right of withdrawal.17
DELETED: prefer replacing "and to achieve" with "taking as a base" as in Article 95 in the Treaty and the recently adopted good package, but contrary to the unfair commercial practices Directive.
DELETED: reservation on the deletion of Article 1(2)(b) and (c).
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16
17
Article 2 Definitions
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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;18
(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 accommodation19, 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;20
(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 access to overnight accomodation or other services in exchange for granting temporary access to others to the benefits of the rights deriving from his timeshare contract;
(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;
(f) "consumer" means a natural person who is acting for purposes which are outside his trade, business, craft or profession;
18 19
DELETED: reservation on this definition.
DELETED: the words “other benefits” are not clearly define and create a risk of confusion between
definitions (a) and (b) in case of the use of the system of points that are purchased by the consumer and used subsequently in LHTP schemes; DELETED can accept this clarification, provided it is explained in a recital.
DELETED: has doubts on this definition.
DELETED: reservation on this definition.
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(g) "ancillary contract" means any contract which is subordinated to another contract. by which the consumer acquires services related to a timeshare contract or long-term holiday product contract and these services are provided by the trader or a third party on the basis on an arrangement between that third party and the trader;21
(ga) "durable medium" means any instrument which enables the consumer or the trader to store information addressed personally to him 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;
(gb) "code of conduct" means an agreement or set of rules not imposed by law, regulation or administrative provision of a Member State which defines the behaviour of traders who undertake to be bound by the code in relation to one or more particular commercial practices or business sectors;
(gc) "code owner" means any entity, including a trader or group of traders, which is responsible for the formulation and revision of a code of conduct and/or for monitoring compliance with the code by those who have undertaken to be bound by it.
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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 provision in the contract allowing for tacit renewal or prolongation shall be included taken into account.
DELETED: such definition is not useful and should be moved to Article 7.
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Article 3 Precontractual information and Advertising
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1.Member States shall ensure that any advertising indicates the possibility of obtaining the
writteninformationreferredaccording toparagraph 2Article 3a and where it can be obtained. -
2.If any contract 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.
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3.The information referred to in Article 3a(1) shall be available to the consumer at any time during the event.
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4.A timeshare or long term holiday product shall not be marketed or sold as an investment.
Article 3a
Pre-contractual information
21. In good time before the consumer is bound by any contract or offer, Tthe trader shall provide a the consumer, in a clear and comprehensible manner, 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: 22
(i) in the case of a timeshare contract: information provided by means of the standard information form as set out in Annex I and accurate and sufficient information as required in Part 3 of that form and, if the contract concerns accommodation under construction, the information set out in Annex II;
(ii) in the case of a long-term holiday product contract: information provided by means of the standard information form as set out in Annex III and accurate and sufficient information as required in Part 3 of that form;
DELETED: scrutiny reservation on the following sub-paragraphs.
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(iii) in the case of a resale contract: information provided by means of the standard information form as set out in Annex IV and accurate and sufficient information as required in Part 3 of that form;
(iv) in the case of an exchange contract: information provided by means of the standard information form as set out in Annex V and accurate and sufficient information as required in Part 3 of that form.
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2.The information referred to in paragraphs 1 shall be provided by the trader on paper or another durable medium easily accessible to the consumer and it shall be free of charge.
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.
43. Member States shall ensure that the information referred to in paragraphs 21 shall be drawn up in one of the official languages of the Community, as chosen by the consumer the language or one of the languages of the Member State in which the consumer is resident or in the language or one of the languages of the Member State of which he is national provided it is an official language of the Community, at the consumer's option.23
Article 4 The contract
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1.Member States shall ensure that the contract
isshall be in writing, on paper or another
durable medium, and drawn up in one of the official languages of the Community, as chosen by the consumer the language or one of the languages of the Member State in which the consumer is resident or in the language or one of the languages of the Member State of which he is national which shall be an official language or official languages of the Community, at the consumer's option.
The Member State in which the consumer is resident may, however, require that in addition:
23
DELETED: reservation on the proposed language regime as a limited/flexible linguistic regime is preferable;
these positions also apply to Article 4(1).
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(a) the contract is provided to the consumer in all cases in its language or one of its languages provided it is an official language of the Community;
(b) in case of a timeshare contract concerning one specific immovable property, the trader provides the consumer with a certified translation of the contract in the language or one of the languages of the Member State in which the property is situated, provided it is an official language of the Community.24
The Member State on whose territory the trader carries out his sale activities may require that the contract be provided to the consumer in all cases in its language or one of its languages, provided it is an official language of the Community.25
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2.The
writteninformation referred to in Article 3a(21) shall form an integral part of the contract and shall not be altered unless the parties expressly agree otherwise or the changes result fromcircumstances beyond the trader’s controlunusual or unforeseeable circumstances beyond the trader’s control, the consequences of which could not have been avoided even if all due care had been exercised.26
Changes resulting from circumstances beyond the trader’s control These changes shall be communicated to the consumer on paper or another durable medium easily accessible to him the consumer before the contract is concluded.27
The contract shall expressly mention any such changes.
2a. In addition to the information referred to in Article 3a(1), the contract shall contain:
ELETED: reservation on this sentence of this paragraph which should be identical to Article 3a(3).
ELETED: scrutiny reservation on this subparagraph;
ELETED: does not agree with this description and would prefer generic word of "force majeure", i.e. flexibility for Member States to define "force majeure". Suggests, at the end of the paragraph the following text: "… beyond the trader’s control, the consequences of which could not have been avoided even if all due care had been exercised in accordance, in both cases, with the provisions of the national legislation."
COM/ DELETED: reservation; prefer the original wording of this paragraph in the COM proposal.
DELETED: reservation in Article 4(2), (3) and (4) as the "signed" and "signing" are preferable to the term "concluded" or "conclusion".
DELETED: suggests moving to art. 3a(2) the following sentences: "shall not be altered unless the parties expressly agree otherwise or the changes result from circumstances beyond the trader’s control unusual or unforeseeable circumstances beyond the trader’s control, the consequences of which could not have been avoided even if all due care had been exercised. These changes shall be communicated to the consumer on paper or another durable medium easily accessible to him the consumer before the contract is concluded."
COM/ DELETED: opposition to this proposal.
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24
25
26
27
(a) the identity, the residence and signatures of the parties; and
(b) the date and the place of the conclusion of the contract.
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3.Before the
signingconclusion 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 signed separately by the consumer.
The contract shall include a separate standard withdrawal form, as set out in the Annex VI, intended to facilitate the exercising of the right of withdrawal in accordance with Article 5.
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4.The consumer shall receive a copy or copies of the contract at the moment of its conclusion.
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5.Where financed through a credit of which the consumer has informed the trader, [provided both parties agree], the timeshare contract or long-term holiday product contract is concluded28 only if this credit is granted before the end of a period of time agreed upon by the parties to the contract, which shall not be longer than three months.
Article 5 Right of withdrawal
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1.Member States shall ensure that
, after entering into a contract,the consumer hasthe righta period of fourteen calendar days to withdraw from the contract, without giving any reasonfourteen calendar days of both parties' signing the contract or of both parties' signing a
od shall be
binding preliminary contract. If the fourteenth day is a public holiday, the extended to the first working day thereafter.
DELETED proposes the following alternative wording: "Where financed … contract or long-term holiday product contract shall, unless otherwise has been agreed between the parties, include a clause stating that the contract is concluded…".
DELETED proposes the following alternative wording: "Where financed … contract shall include a clause
stating that the parties are bound by the contract only if…".
DELETED proposes the following alternative wording: "Where financed … contract shall include a clause
stating that the contract is enforceable only if…".
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The period of withdrawal shall be calculated begin:
(a) from the day of the conclusion of the contract or binding preliminary contract; or
(b) from the day when the consumer receives the contract or any binding preliminary contract if the day is later than the date referred to in point (a).
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2.
If the contract does not include all the information referred to in points (a) to (p) of Annex I, and (a) and (b) of Annex II, 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.
If a completed standard withdrawal form as required by Article 4(3)29 has not been provided to the consumer in writing, on paper or another durable medium, the period of withdrawal shall expire after one year and fourteen calendar days from the day referred to in paragraph 1.
3. If the information other than the form required in the previous sub-paragraph information on the right of withdrawal referred to in Annex I, III, IV or V has not been provided to the consumer in writing, on paper or another durable medium, 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 the day referred to in paragraph 1.
After the period of withdrawal has expired, the Member States shall provide for appropriate penalties in accordance with Article 11 in the event that the trader has failed to comply with the information requirements set out in this paragraph.
3a. If the information referred to in paragraphs 2 and 3 is provided within one year or three months respectively, the period of withdrawal shall begin from the day the consumer receives such information.
DELETED: proposes "If a completed standard withdrawal form as required by Article 4(3) the information on the right of withdrawal has not been provided, the period…";
COM/ DELETED oppose this proposal.
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29
-
4.In the case where the exchange contract is offered to the consumer together with and at the same time as
ofthe timeshare contract, only a single withdrawal period in accordance with paragraph 1 shall apply to both contracts. The period of withdrawal for both contracts shall be calculatedbeginaccording to the provisions of paragraph 1 as they apply to the timeshare contract.
30
Article 5a Modalities for exercising the right of withdrawal
If the consumer intends to exercise the right of withdrawal he shall, before the expiry of the deadline withdrawal period, notify on paper or another durable medium to the person whose name and address appear in the contract and for that purpose pursuant to point (p) of Annex I trader his decision to withdraw. The consumer may use the standard withdrawal form as set out in Annex VI and provided by the trader in accordance with Article 4(3). The deadline shall be deemed to have been observed is met if the notification, if it is in writing, is dispatched sent before the deadline withdrawal period has expiresd.31
Article 5b Effects of exercising the right of withdrawal
51. 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. The exercise of the right of withdrawal by the consumer terminates the obligation of the parties to perform the contract.
DELETED: refuse a period of less than 1 year for all types of missing information;
COM/ DELETED: support or flexible. DELETED: prefer a similar delay for all information;
DELETED: prefer COM initial proposal.
DELETED: suggests the following alternative text: “If the consumer intends to exercise the right of
withdrawal, he shall, before the expiry of the withdrawal period, notify on paper or another durable medium to the trader his decision to withdraw by means which can be proven in accordance with national law. The deadline is met if the notification is sent before the withdrawal period has expired.”
DELETED: the consumer should be allowed to withdraw by any means (even orally) from the contract. DELETED /COM: opposed to this possibility.
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30
31
62. Where the consumer exercises the right of withdrawal provided for in paragraph 3, he shall not be required to make any reimbursement neither bear any cost nor be liable for any value corresponding to the service which may have been performed until withdrawal.32
Article 6 Advance payment
-
1.Member States shall ensure that for timeshare, long-term holiday products and exchange contracts any advance payment, provision of guarantees, reservation of money on
a credit cardaccounts, 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 (34), is prohibited. -
2.Any advance payment, provision of guarantees, reservation of money on
a credit cardaccounts, 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 taken place or the resale contract otherwise is terminated, is prohibited.
Article 6a Specific provisions relating to long-term holiday products contracts 33
-
1.For long-term holiday product contracts, payment shall be made according to a staggered payment schedule. Any payment of the price specified in the contract otherwise than in accordance with the staggered payment schedule is prohibited. The payments, including any membership fee, shall be divided into yearly instalments, each of which shall be of equal value. The trader shall send a written request for payment, on paper or other durable medium, at least 14 calendar days in advance of each due date.
-
2.From the second instalment payment onwards, the consumer may terminate the contract without incurring any penalty by giving notice to the trader within 14 calendar days of receiving the request for payment for each instalment. This right shall not affect the rights of contract termination under the existing national legislation.
DELETED: suggests adding " Where the consumer exercises the right of withdrawal provided for in paragraph 3, he shall be required to pay for the use actually made of the accommodation."; DELETED support;
COM
DELETED: reservation on the whole Article 6a.
DELETED: oppose this addition.
DELETED: doubts on paragraph 2.
DELETED: scrutiny reservation.
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32
33
Article 7 Termination of ancillary
dependent 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,
resale or exchange, any exchange contract dependent on them or ancillary contracts, including exchange,are automatically terminated, without anypenaltycosts for the consumer.34 -
2.Without prejudice to Article 15 of Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC35, 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
penaltycostsfor the consumer, if the consumer exercises his right to withdraw from themaincontract for timeshare, as provided for in Article 5, long-term holiday product, resale or exchange.
3.
The Member States shall lay down detailed rules on the termination of such contracts.
Article 8 Imperative nature of the Directive and application in international cases36
-
1.Member States shall ensure that, if the law applicable to the contract is the law of a Member State,
any contractual clauses wherebythe consumer may not waiveshis rights,as provided for inconferred on him by this Directive. shall not be binding.
DELETED: reservation. Prefer the term "penalty".
DELETED: scrutiny reservation.
OJ L133, 22.5.2008, p.66.
DELETED: reservation on the whole article.
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34
35
36
Article 8a Community overriding mandatory nature of the
-
2.
WhateverIf the applicable law is that of a third country, the consumer shall not be deprived
of the protection granted by this Directive, as implemented in the Member State of the forum:37
-
-if any of the immovable propert
yies concerned is situated within the territory of a Member State or -
-
wheneverin the case of a contract not related to a right in rem in immovable
property, if the trader pursues his commercial or professional activities the contract has been entered into in a Member State, or by any means, directs such activities to a Member State and the contract falls within the scope of such activities.38
Article 9 Judicial and administrative redress
-
1.Member States shall ensure that adequate and effective means exist to ensure compliance by the traders 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,
mayshall be entitled to 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 and authorities or their representatives;
(b) consumer organisations having a legitimate interest in protecting consumers;
(c) professional organisations having a legitimate interest in acting.
ELETED: reservation on this addition.
ELETED: opposed to this addition
ELETED: prefers the concept of "close link", as mentioned in Article 22(4) of the consumer credit Directive.
ELETED suggest the following wording:
whenever in the case of a contract not related to immovable property, if the trader pursues his commercial or professional activities the contract has been entered into in a Member State, or by any means, directs such activities to a Member State and the contract falls within the scope of such activities"
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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 and code owners to inform consumers of their codes of conduct.39
The Commission shall encourage the drawing up at Community level, particularly by professional bodies, organisations and associations, of codes of conduct aimed at facilitating the implementation of this Directive, in conformity with Community law.
-
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 and shall encourage, where appropriate, traders and their branch organisations to inform consumers of any such out-of-court complaints and redress procedures.
Article 11 Sanctions Penalties 40
-
1.Member States shall provide for appropriate
sanctionspenalties in the event of the failure of the trader to comply with the national provisions adopted pursuant to this Directive. -
2.These
sanctionspenalties 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.41
39 DELETED|: reservation on Article 10(1) and (2); Member States should have no obligation in that respect.
40 This change concerns only the EN version.
Two years after the entry into force of the Directive [i.e. two years from the next day of its publication in the OJ].
41 COM: reservation.
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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.
Article 13 Review
The Commission shall review this Directive and report to the European Parliament and the Council
no later than five years42 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 VII.
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.
42
DELETED proposes shortening of the time for review (to three years) and that the review should cover the
level of harmonisation and the link with the horizontal instrument.
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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 the ANNEX
INFORMATION ON CONSUMER CONTRACTS FOR THE PURCHASE OF TIMESHARE:
Part 1:
Identity, residence and legal status of the trader(s) which will be is/are part(ies) to the contract:
Residence of the trader(s) which are part(ies) to the contract:
Short description of the product (e.g. description of the immovable property):
NExact nature of the right(s):
Exact period within which the right which is the subject of the contract may be exercised and, if necessary, its duration of the contract:
Date on which the consumer may start to exercise the contractual right:
If the contract concerns a specific property under construction, date when the accommodation and services/facilities will be completed/available:
Price to be paid by the consumer for acquiring the right(s):
Outline of additional obligatory costs imposed under the contract; type of costs and indication of amounts (e.g. annual fees, other recurrent fees, special levies, local taxes):
KA summary of key services available to the consumer (e.g. electricity, water, maintenance, refuse collection)
and an indication of the amount to be paid by the consumer for them
):
FA summary of facilities available to the consumer (e.g. swimming pool or sauna
):
Are they included in the costs indicated above?
If no, specify what is included and what has to be paid for:
Is it possible to join an exchange scheme?
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If yes, name of exchange scheme: Indication of costs for membership/exchange:
Code(s) of conduct that the trader has signed and where to find it/them:
Part 2:
General information:
-
-The consumer has the right to withdraw from this contract without giving any reason within 14 calendar days
without giving any reasonfromofthe conclusion of the contract or any binding preliminary contractofor receipt of thosethe contract or any binding preliminary contractif that takes place later. -
-During this withdrawal period, any advance payment by the consumer is prohibited. The prohibition concerns any consideration, including payment, provision of guarantees, reservation of money on accounts, explicit acknowledgement of debt etc. It includes not only payment to the trader, but also to third parties.
-
-The consumer shall not bear any other costs or obligations other than those specified in the contract.
-
-In accordance with international private law, the contract may be governed by a law other than the law of the Member State in which the consumer is resident or is habitually domiciled and possible disputes may be referred to other courts than the courts of the Member State in which the consumer is resident or is habitually domiciled.
-
-The consumer who informs the trader of his intention to finance his timeshare contract through a credit, has the right to [ask for / obtain] a clause in the contract stating that the parties are bound by the contract if this credit is granted before the end of a period of time agreed upon by the parties to the contract, which shall not be longer than three months.
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Annex I to the ANNEX DG I LIMITE EN
Part 3:
Where Further Additional information that must be provided to which the consumer is entitled and where it can be obtained specifically (for instance, the page number of a general brochure) if not provided here in case it cannot be placed here):
Annex I (timeshare) Information referred to in Artic
3a(1)(i)
INFORMATION ABOUT THE TRADER
(a) The
and
of the parties, includi
legal status at the time of the
of the
and the date and the place where the contract
on the
the
of the
(d)
and a clause
II.1) INFORMATION ABOUT THE RIGHTS ACQUIRED
(b) the exact nature of the right which is the subject of the contr
out the conditions governing the exercise of that the right which is subject to the contract within the territory of the Member States(s) in which the property or properties concerned are situated and if those conditions have been fulfilled or, if they have not, what conditions remain to be fulfilled;
(c) the exact
hich the
the subject of the contract may be
tion; the date on
the consumer may start to
exercise the contractual right;
where the contract provides rights to occupy accommodation selected from a pool of accommodation, information on restrictions on the consumer’s ability to use any accommodation in the pool at any time;
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III.2) INFORMATION ON THE PROPERTIES
(e) where the contract concerns a specific immovable property, an accurate and detailed 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;
(f) the services (e.g. electricity, water, maintenance, refuse collection) to which the consumer has or will have access to and under what conditions;
(g) where applicable, the common facilities, such as swimming pool, sauna, etc., to which the consumer has or may have access and under what conditions.
IV3) ADDITIONAL REQUIREMENTS FOR ACCOMODATION UNDER CONSTRUCTION (where applicable)
(h)
(i)
(j)
the state of completion for the accommodation, and the services rendering the accommodation fully operational (gas, electricity, water and telephone connections) and any facilities to which the consumer will have access;
a reasonable estimate of the deadline for completion of the accommodation and the services rendering it fully operational (gas, electricity, water and telephone connections) and a reasonable estimate for the deadline of the completion of any facilities to which the consumer will have access;
where it concerns a specific immov
cific immovable property applicable, the number of the building permit and the name(s) and full address(es) of the competent authority or authorities;
(k) 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.
V.4) INFORMATION ON THE COSTS
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(o) an accurate and appropriate description of how all costs associated with the
timeshare contract; how these costs will be allocated to the consumers and how and when such costs may be increased; the method 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);
(p) where relevant applicable, information on whether there are any charges, mortgages,
encumbrances or any other liens recorded against title to the accommodation;
(q) the price to be paid by the consumer, an estimate of the amount to be paid by the
(r)
consumer for the use of common
and services; the
for the
of the amount of charges relating to
tion of the
y, the mandatory
statutory charges (for example, taxes and fees) and the example, management, maintenance and repairs);
overheads (for
a clause stating that the consumer shall not bear any other costs or obligations other than those specified in the contract;
VI.5) INFORMATION ON THE RIGHT OF WITHDRAWAL AND TERMINATION OF THE CONTRACT
(s)
(t) (u)
(v)
on the
to wit
from the contract and the consequences of
from the
a
of the nature and
amount of the costs
the consumer
be
to
pursuant to
5(5) if he
to withdraw; where appropriate, information on the arrangements for the termination of the credit agreement and the ancillary
contract
to the contract in the event of
from the
t;
information about other contracts in accordance with Article 7 and the
consequences of such withdrawal termination; indication to whom and how the withdrawa
to be
conditions for terminating the contract, the consequences of termination and information on any liability on the consumer for any costs which might result of
such termination;
about the ban on advance payments during the
during which the
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consumer has a
to wit
from the contract in accordance
to (3);
VII.6) ADDITIONAL INFORMATION
(w)
(x)
(y)
(
z)
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;
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 systems and an indication of costs related to exchange and resale through this these schemes systems;
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;
the existence, content, control and enforcement of codes of con
t;
(za) where applicable, the possibility for out-of-court dispute resolution.
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Annex II to the ANNEX
(Additional
Annexe II (timeshare) for accomodation under construction, as referred to in
Transferred to Annex I
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Annex III to the ANNEX
INFORMATION ON CONSUMER CONTRACTS FOR THE PURCHASE OF LONG-TERM HOLIDAY PRODUCTS: Part 1: Identity, residence and legal status of the trader(s) which will be is/are part(ies) to the contract:
Residence of the trader(s) which are part(ies) to the contract:
Short description of the product:
NExact nature and content of the right(s):
Exact period within which the right which is the subject of the contract may be exercised and, if necessary, its duration of the contract:
Date on which the consumer may start to exercise the contractual right:
Price to be paid by the consumer for acquiring the right(s), including any recurring costs the consumer can expect to incur resulting from his right to obtain access to the accommodation travel and any related products or services as specified:
The staggered payment schedule setting out equal amounts of instalments for each year of the length of the contract of this price and the dates on which they are due to be paid:
After year 1, subsequent amounts may be adjusted to ensure that the real value of those instalments is maintained, for instance to account for inflation.
Outline of additional obligatory costs imposed under the contract; type of costs and indication of amounts (e.g. annual membership fees):
Schedule of payments
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KA summary of key services available to the consumer (e.g. discounted hotel stays and flights):
Are they included in the costs indicated above?
If no, specify what is included and what has to be paid for (e.g. 3 night stay included in annual membership fee, all other accommodation must be paid for separately):
Code(s) of conduct that the trader has signed and where to find it/them:
Part 2:
General information:
-
-The consumer has the right to withdraw from this contract without giving any reason within 14 calendar days
without giving any reasonfromofthe conclusion of the contract or any binding preliminary contractofor receipt of thosethe contract or any binding preliminary contractif that takes place later. -
-During this withdrawal period, any advance payment by the consumer is prohibited. The prohibition concerns any consideration, including payment, provision of guarantees, reservation of money on accounts, explicit acknowledgement of debt etc. It includes not only payment to the trader, but also to third parties.
-
-The consumer has the right to terminate the contract without incurring any penalty by giving notice to the trader within 14 calendar days of receiving the request for payment for each annual instalment.
-
-The consumer shall not bear any other costs or obligations other than those specified in the contract.
-
-In accordance with international private law, the contract may be governed by a law other than the law of the Member State in which the consumer is resident or is habitually domiciled and possible disputes may be referred to other courts than the courts of the Member State in which the consumer is resident or is habitually domiciled.
-
-The consumer who informs the trader of his intention to finance his timeshare contract through a credit, has the right to [ask for / obtain] a clause in the contract stating that the parties are bound by the contract if this credit is granted before the end of a period of time agreed upon by the parties to the contract, which shall not be longer than three months.
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Part 3:
Where Further Additional information that must be provided to which the consumer is entitled and where it can be obtained specifically (for instance, the page number of a general brochure) if not provided here in case it cannot be placed here):
Annex II.B (long-term holiday products) Information referred to in Article 3a(1)(ii)
INFORMATION ABOUT THE TRADER
(a) The
and
of the parties, includi
on the
legal status at the time of the
of the
the
of the
and the date and the place where the contract
II.1) INFORMATION ABOUT THE RIGHT ACQUIRED
(b)
the exact nature of the
the subject of the contract an appropriate and
(ba)
correct description of discounts available for future bookings, illustrated by the set of examples of recent offers;
the restrictions on the consumer’s ability to use the rights, such as limited availability or offers provided on a first come first served basis, time limits on particular promoted and special discounts;
(c)
the exact
the
the subject of the contract may be
tion; the date on
the consumer may start to
exercise the contractual right;
III.2) INFORMATION ON THE COSTS (d) the price to be paid by the co
(e)
(ea)
a clause
r;
that the consumer shall not bear any other costs or obligations other
than those specified in the
t;
about whether the yearly i
to be
the context f the
staggered payment schedule may be
due to exogenous
factors
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such as inflation;
IV.3) INFORMATION ON THE RIGHT OF WITHDRAWAL AND TERMINATION OF THE CONTRACT
(f)
(g) (h)
(i)
on the
to wit
from the contract and the consequences of
withdrawing from the
a
of the nature and
the consumer
be
to
pursuant to
amount of the costs w
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
to the contract in the event of
from the
t;
information about other contracts in accordance with Article 7 and the
consequences of such withdrawal termination;
to whom and how the
to be
conditions for terminating the contract, the consequences of termination, and information on any liability on the consumer for any costs which might result of
such termination;
about the ban on advance payments during the
during which the
consumer has a
to wit
from the contract in accordance
to (3);
V.4) ADDITIONAL INFORMATION
(j) 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;
(k) the existence, content, control and enforcement of codes of con
(l)
t;
where applicable, the possibility for out-of-court dispute resolution;
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Annex IV to the ANNEX
INFORMATION ON CONSUMER CONTRACTS FOR RESALE SERVICES: Part 1: Identity, residence and legal status of the trader(s) which will be is/are part(ies) to the contract:
Residence of the trader(s) which are part(ies) to the contract:
Short description of the product services (e.g. marketing):
Nature of the right(s):
Duration of the contract:
Price to be paid by the consumer for acquiring the services right(s):
Outline of additional obligatory costs imposed under the contract; type of costs and indication of amounts (e.g. local taxes, notary fees, cost of advertising):
Conditions for terminating the contract, the consequences of termination, and information on any liability on the consumer for any costs which might result of such termination:
Code(s) of conduct that the trader has signed and where to find it/them:
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Annex IV to the ANNEX DG I LIMITE EN
Part 2:
General information:
-
-The consumer has the right to withdraw from this contract without giving any reason within 14 calendar days
without giving any reasonfromofthe conclusion of the contract or any
binding preliminary contract of or receipt of those the contract or any binding
preliminary contract if that takes place later.
During this withdrawal period, Any advance payment by the consumer is prohibited until the
actual sale has taken place or the resale contract otherwise is terminated. The prohibition
concerns any consideration, including payment, provision of guarantees, reservation of money
on accounts, explicit acknowledgement of debt etc. It includes not only payment to the trader,
but also to third parties.
The consumer shall not bear any other costs or obligations other than those specified in
the contract.
In accordance with international private law, the contract may be governed by a law other
than the law of the Member State in which the consumer is resident or is habitually
domiciled and possible disputes may be referred to other courts than the courts of the
Member State in which the consumer is resident or is habitually domiciled.
Part 3:
Where Further Additional information that must be provided to which the consumer is entitled and where it can be obtained specifically (for instance, the page number of a general brochure) if not provided here in case it cannot be placed here):
Annex III.B (resale) Information referred to in Article 3a(1)(iii)
INFORMATION ABOUT THE TRADER
(a) The
and
of the parties, includi
on the
legal status at the
of the
of the
t, the
of the
and
the date and the place where the contract
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INFORMATION ON THE COSTS
(c) the price to be paid by the consumer for the resale
vices;
(d)
a clause stating that the consumer shall not bear any other costs or obligations other than those specified in the contract.
IV.1) INFORMATION ON THE RIGHT OF WITHDRAWAL AND TERMINATION OF THE CONTRACT
(e)
(f) (g)
(h)
on the
to wit
from the contract and the consequences of
from the contract ,
a
of the nature and
amount of the costs which the consumer
be
uired to rei
pursuant to
5(5) if he
to withdraw;
indication to whom and how the
to be sent;
for
the
the consequences of termination, and
on any liability on the consumer for any costs
result of
such termination;
about the ban on advance payments until the actual sale has taken place
or the resale contract
inated.
V.2) ADDITIONAL INFORMATION
(i) indication of the language(s) available for communication with the trader, for
instance in relation to the handling of queries and complaints;
(j) the existence, content, control and enforcement of codes of con
(k)
t,;
where applicable, the possibility for out-of-court dispute resolution;
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Annex V to the ANNEX
INFORMATION ON CONSUMER CONTRACTS FOR EXCHANGE OF TIMESHARE: Part 1: Identity, residence and legal status of the trader(s) which will be is/are part(ies) to the contract:
Residence of the trader(s) which are part(ies) to the contract:
Short description of the product:
NExact nature and content of the right(s):
Exact period within which the right which is the subject of the contract may be exercised and, if necessary, its duration of the contract:
Date on which the consumer may start to exercise the contractual right:
Price to be paid by the consumer for the exchange membership fees:
Outline of additional obligatory costs imposed under the contract; type of costs and indication of amounts (e.g. renewal fees, other recurrent fees, special levies, local taxes):
KA summary of key services available to the consumer:
Facilities available to the consumer:
Are they included in the costs indicated above?
If not, type of costs and indication of amounts (e.g. transaction fees for concrete an estimate of the
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price to be paid for individual exchange transactions, including any additional charges, 150 euro Europe, 200 euro elsewhere):
Code(s) of conduct that the trader has signed and where to find it/them:
Part 2:
General information:
-
-The consumer has the right to withdraw from this contract without giving any reason within 14 calendar days
without giving any reasonfromofthe conclusion of the contract or any binding preliminary contractofor receipt of thosethe contract or any binding preliminary contractif that takes place later.In the case where the exchange contract is offered together with and at the same time as the timeshare contract, only a single withdrawal period in accordance with paragraph 1 shall apply to both contracts. -
-During this withdrawal period, any advance payment by the consumer is prohibited. The prohibition concerns any consideration, including payment, provision of guarantees, reservation of money on accounts, explicit acknowledgement of debt etc. It includes not only payment to the trader, but also to third parties.
-
-The consumer shall not bear any other costs or obligations other than those specified in the contract.
-
-In accordance with international private law, the contract may be governed by a law other than the law of the Member State in which the consumer is resident or is habitually domiciled and possible disputes may be referred to other courts than the courts of the Member State in which the consumer is resident or is habitually domiciled.
Part 3:
Where Further Additional information that must be provided to which the consumer is entitled and where it can be obtained specifically (for instance, the page number of a general brochure) if not provided here in case it cannot be placed here):
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Annex IV.B (exchange) Information referred to in Article 3a(1)(iv)
INFORMATION ABOUT THE TRADER
(a) The
and
of the parties, includi
on the
status at the time of the
sion of the
the
of the
er's legal and the date
and the place where the contract
II.1) INFORMATION ABOUT THE RIGHT ACQUIRED
(b) the exact nature of the right which is the subject of the contract;
(c) explanation of how the exchange system works; the possibilities and modalities for exchange, as well as; an indication of the value allotted to the consumer's timeshare in the exchange system and a set of examples of concrete exchange possibilities;
(ca) an indication of the number of resorts available and the number of members in the exchange system, including any limitations on the availability of particular accommodation selected by the consumer, for example, as the result of peak periods of demand, the potential need to book a long time in advance, and indications of any restrictions of on the choice resulting from the timeshare rights deposited into the exchange system by the consumer;
(d) the exact
hich the
the subject of the contract may be
tion; the date on
the consumer may start to
exercise the contractual right.
III.2) INFORMATION ON THE PROPERTIES
(e) an a brief and 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 where the consumer can obtain
11651/08
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further information;
IV.3) INFORMATION ON THE COSTS
(f) the price to be paid by the
(g) an
and services; the
of the amount to be paid by the consumer for the use of common
for the
of the amount of charges relating to
of the
the mandatory statutory charges (for example, taxes and
fees) and the
overheads (for example,
and
repairs) information on the obligation on the trader to provide details before an exchange is arranged, in respect of each proposed exchange, of any additional charges for which the consumer is liable in respect of the exchange;
(h) a clause stating that the consumer shall not bear any other costs or obligations other than those specified in the contract;
V.34) INFORMATION ON THE RIGHT OF WITHDRAWAL AND TERMINATION OF THE CONTRACT
(i)
(j) (k)
on the
to wit
from the contract and the consequences of
withdrawing from the
a
of the nature and
amount of the costs which the consumer
be
uired to rei
pursuant to
5(5) if he
to withdraw; where appropriate, information on the arrangements for the termination of the credit agreement and the ancillary
contract
to the contract in the event of
from the
t;
information about other contracts in accordance with Article 7 and the
consequences of such withdrawal termination; indication to whom and how the withdrawa
to be
about the ban on advance payments during the period during which the
consumer has a
to wit
from the contract in accordance
5(1) to
(3);
VI.45)
ADDITIONAL INFORMATION
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(l) indication of the language(s) available for communication with the trader , for
instance in relation to the handling of queries and complaints;
(m) the existence, content, control and enforcement of codes of conduct;
(o) the possibility for out-of-court dispute resolution;
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Annex VI to the ANNEX
Separate form to facilitate the right of withdrawal
Right of withdrawal The consumer has the right to withdraw from this contract within 14 calendar days without giving any reason.
The right of withdrawal starts from …………………… (date of conclusion of the contract to be filled in).
If the consumer has not received all the required information/this form, the withdrawal period starts when the consumer has received complete information, but expires in any case after 3 months and 14 calendar days/1 year and 14 calendar days.
To exercise the right of withdrawal, the consumer shall notify to the trader according to the name and address indicated below by using a durable medium (e.g. written letter sent by post, e-mail). The consumer may use the form below, but it is not obligatory. If the consumer uses the right of withdrawal, he shall not be liable for any costs. In addition to the right of withdrawal, national contract law rules may provide for consumer rights, e.g. to terminate the contract in case of omission of information.
Ban on advance payment During the withdrawal period any advance payment by the consumer is prohibited. The prohibition concerns any consideration, including payment, provision of guarantees, reservation of money on accounts, explicit acknowledgement of debt etc. It includes not only payment to the trader, but also to third parties.
Acknowledgement of receipt of information
-
-To*:
-
-I/We** hereby acknowledge that I/We** decide to withdraw from my/our** contract
-
-Contract concluded on*
-
-Name of consumer(s)
-
-Address of consumer(s)
-
-Signature of consumer(s) (only if this file is notified in writing)
-
-Date
-
*To be filled in by the trader before providing the form to the consumer ** Delete as appropriate
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Annex VII to the ANNEX
Correlation table between provisions of this Directive and the Directive 94/47/EC
Text to be inserted later.
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- 7 jun '07Consumentenbescherming bij bepaalde aspecten van timeshare
- 7 jun '07COM(2007)303 - Bescherming van de consumenten met betrekking tot bepaalde aspecten van timeshare, langetermijnvakantieproducten, wederverkoop en ruil
- 15 dec '05COM(2005)650 - Recht dat van toepassing is op verbintenissen uit overeenkomst (Rome I)
- 18 jun '03COM(2003)356 - Sluiting van de Samenwerkingsovereenkomst met Pakistan
- 11 sep '02COM(2002)443 - Harmonisatie van nationale wetgeving inzake consumentenkrediet
- 14 jul '99COM(1999)348 - Rechterlijke bevoegdheid, de erkenning en de tenuitvoerlegging van beslissingen in burgerlijke en handelszaken
- 20 mei '92COM(1992)220 - Bescherming van de koper bij overeenkomsten inzake gebruik van onroerende goederen in timesharing
- 21 mrt '88COM(1988)41 - Pakketreizen, met inbegrip van vakantie- en rondreispakketten
- 21 feb '79COM(1979)69 - Harmonisatie van nationale wetgeving inzake het consumentenkrediet
