Directive 2008/122/EC of the European Parliament and of the Council of 14 January 2009 on the protection of consumers in respect of certain aspects of timeshare, long-term holiday product, resale and exchange contracts (Text with EEA relevance)

• CELEX: Directive 2008/122/EC
• Articles: 26

Article 1 Purpose and scope

1.   The purpose of this Directive is to contribute to the proper functioning of the internal market and to 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 timeshares and long-term holiday products as well as exchange contracts.

2.   This Directive applies to trader-to-consumer transactions.

This Directive is without prejudice to national legislation which:

(a)

provides for general contract law remedies;

(b)

relates to the registration of immovable or movable property and conveyance of immovable property;

(c)

relates to conditions of establishment or authorisation regimes or licensing requirements; and

(d)

relates to the determination of the legal nature of the rights which are the subject of the contracts covered by this Directive.

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 under which a consumer, for consideration, acquires 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 under which a consumer, for consideration, acquires primarily the right to obtain discounts or other benefits in respect of accommodation, in isolation or together with travel or other services;

(c)

‘resale contract’ means a contract under which a trader, for consideration, assists a consumer to sell or buy a timeshare or a long-term holiday product;

(d)

‘exchange contract’ means a contract under which a consumer, for consideration, joins an exchange system which allows that consumer access to overnight accommodation or other services in exchange for granting to other persons temporary access to the benefits of the rights deriving from that consumer’s timeshare contract;

(e)

‘trader’ means a natural or legal person who is acting for purposes relating to that person’s 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 that person’s trade, business, craft or profession;

(g)

‘ancillary contract’ means a contract under which the consumer acquires services which are related to a timeshare contract or long-term holiday product contract and which are provided by the trader or a third party on the basis of an arrangement between that third party and the trader;

(h)

‘durable medium’ means any instrument which enables the consumer or the trader to store information addressed personally to him in a way which is 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;

(i)

‘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;

(j)

‘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.

2.   In calculating the duration of a timeshare contract or a long-term holiday product contract, as defined in points (a) and (b) of paragraph 1 respectively, any provision in the contract allowing for tacit renewal or prolongation shall be taken into account.

Article 3 Advertising

1.   Member States shall ensure that any advertising specifies the possibility of obtaining the information referred to in Article 4(1) and indicates where it can be obtained.

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

3.   The information referred to in Article 4(1) shall be available to the consumer at any time during the event.

4.   A timeshare or a long-term holiday product shall not be marketed or sold as an investment.

Article 4 Pre-contractual information

1.   In good time before the consumer is bound by any contract or offer, the trader shall provide the consumer, in a clear and comprehensible manner, with accurate and sufficient information, as follows:

(a)

in the case of a timeshare contract: by means of the standard information form as set out in Annex I and information as listed in Part 3 of that form;

(b)

in the case of a long-term holiday product contract: by means of the standard information form as set out in Annex II and information as listed in Part 3 of that form;

(c)

in the case of a resale contract: by means of the standard information form as set out in Annex III and information as listed in Part 3 of that form;

(d)

in the case of an exchange contract: by means of the standard information form as set out in Annex IV and information as listed in Part 3 of that form.

2.   The information referred to in paragraph 1 shall be provided, free of charge, by the trader on paper or on another durable medium which is easily accessible to the consumer.

3.   Member States shall ensure that the information referred to in paragraph 1 is drawn up in the language or one of the languages of the Member State in which the consumer is resident or a national, at the choice of the consumer, provided it is an official language of the Community.

Article 5 The timeshare, long-term holiday product, resale or exchange contract

1.   Member States shall ensure that the contract is in writing, on paper or on another durable medium, and drawn up in the language or one of the languages of the Member State in which the consumer is resident or a national, at the choice of the consumer, provided it is an official language of the Community.

However, the Member State in which the consumer is resident may require that in addition:

(a)

in every instance, the contract be provided to the consumer in the language or one of the languages of that Member State, provided it is an official language of the Community;

(b)

in the case of a timeshare contract concerning one specific immovable property, the trader provide 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.

The Member State on whose territory the trader carries out sale activities may require that, in every instance, the contract be provided to the consumer in the language or one of the languages of that Member State, provided it is an official language of the Community.

2.   The information referred to in Article 4(1) shall form an integral part of the contract and shall not be altered unless the parties expressly agree otherwise or the changes result from 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.

These changes shall be communicated to the consumer on paper or on another durable medium easily accessible to him, before the contract is concluded.

The contract shall expressly mention any such changes.

3.   In addition to the information referred to in Article 4(1), the contract shall include:

(a)

the identity, place of residence and signature of each of the parties; and

(b)

the date and place of the conclusion of the contract.

4.   Before the conclusion of the contract, the trader shall explicitly draw the consumer’s attention to the existence of the right of withdrawal, the length of the withdrawal period referred to in Article 6, and the ban on advance payments during the withdrawal period referred to in Article 9.

The corresponding contractual clauses shall be signed separately by the consumer.

The contract shall include a separate standard withdrawal form, as set out in Annex V, intended to facilitate the exercise of the right of withdrawal in accordance with Article 6.

5.   The consumer shall receive a copy or copies of the contract at the time of its conclusion.

Article 6 Right of withdrawal

1.   In addition to the remedies available to the consumer under national law in the event of breach of the provisions of this Directive, Member States shall ensure that the consumer is given a period of 14 calendar days to withdraw from the timeshare, long-term holiday product, resale or exchange contract, without giving any reason.

2.   The withdrawal period shall be calculated:

(a)

from the day of the conclusion of the contract or of any binding preliminary contract; or

(b)

from the day when the consumer receives the contract or any binding preliminary contract if it is later than the date referred to in point (a).

3.   The withdrawal period shall expire:

(a)

after one year and 14 calendar days from the day referred to in paragraph 2 of this Article, where a separate standard withdrawal form as required by Article 5(4) has not been filled in by the trader and provided to the consumer in writing, on paper or on another durable medium;

(b)

after three months and 14 calendar days from the day referred to in paragraph 2 of this Article, where the information referred to in Article 4(1), including the applicable standard information form set out in Annexes I to IV, has not been provided to the consumer in writing, on paper or on another durable medium.

In addition, Member States shall provide for appropriate penalties in accordance with Article 15, in particular in the event that, on expiry of the withdrawal period, the trader has failed to comply with the information requirements set out in this Directive.

4.   Where a separate standard withdrawal form as required by Article 5(4) has been filled in by the trader and provided to the consumer in writing, on paper or on another durable medium, within one year from the day referred to in paragraph 2 of this Article, the withdrawal period shall start from the day the consumer receives that form. Similarly, where the information referred to in Article 4(1), including the applicable standard information form set out in Annexes I to IV, has been provided to the consumer in writing, on paper or on another durable medium, within three months from the day referred to in paragraph 2 of this Article, the withdrawal period shall start from the day the consumer receives such information.

5.   In the event that the exchange contract is offered to the consumer 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. The withdrawal period for both contracts shall be calculated according to the provisions of paragraph 2 as they apply to the timeshare contract.

Article 7 Modalities for exercising the right of withdrawal

Where the consumer intends to exercise the right of withdrawal the consumer shall, before the expiry of the withdrawal period, notify the trader on paper or on another durable medium of the decision to withdraw. The consumer may use the standard withdrawal form set out in Annex V and provided by the trader in accordance with Article 5(4). The deadline is met if the notification is sent before the withdrawal period has expired.

Article 8 Effects of exercising the right of withdrawal

1.   The exercise of the right of withdrawal by the consumer terminates the obligation of the parties to perform the contract.

2.   Where the consumer exercises the right of withdrawal, the consumer shall neither bear any cost nor be liable for any value corresponding to the service which may have been performed before withdrawal.

Article 9 Advance payment

1.   Member States shall ensure that in relation to timeshare, long-term holiday product and exchange contracts any advance payment, provision of guarantees, reservation of money on accounts, explicit acknowledgement of debt or any other consideration to the trader or to any third party by the consumer before the end of the withdrawal period according to Article 6, is prohibited.

2.   Member States shall ensure that in relation to resale contracts any advance payment, provision of guarantees, reservation of money on accounts, explicit acknowledgement of debt or any other consideration to the trader or to any third party by the consumer before the actual sale takes place or the resale contract is otherwise terminated, is prohibited.

Article 10 Specific provisions relating to long-term holiday product contracts

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 shall be 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 on another durable medium, at least fourteen 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 fourteen calendar days of receiving the request for payment of each instalment. This right shall not affect rights to terminate the contract under existing national legislation.

Article 11 Termination of ancillary contracts

1.   Member States shall ensure that, where the consumer exercises the right to withdraw from the timeshare or long-term holiday product contract, any exchange contract ancillary to it or any other ancillary contract is automatically terminated, at no cost to the consumer.

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  ( 10 ) , where 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 arrangement between the third party and the trader, the credit agreement shall be terminated, at no cost to the consumer, where the consumer exercises the right to withdraw from the timeshare, long-term holiday product, resale or exchange contract.

3.   The Member States shall lay down detailed rules on the termination of such contracts.

Article 12 Imperative nature of the Directive and application in international cases

1.   Member States shall ensure that, where the law applicable to the contract is the law of a Member State, consumers may not waive the rights conferred on them by this Directive.

2.   Where the applicable law is that of a third country, consumers shall not be deprived of the protection granted by this Directive, as implemented in the Member State of the forum if:

—

any of the immovable properties concerned is situated within the territory of a Member State, or,

—

in the case of a contract not directly related to immovable property, the trader pursues commercial or professional activities 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.

Article 13 Judicial and administrative redress

1.   Member States shall ensure that, in the interests of consumers, adequate and effective means exist to ensure compliance by traders with this Directive.

2.   The means referred to in paragraph 1 shall include provisions whereby one or more of the following bodies, as determined by national law, shall be entitled to take action in accordance with national law before the courts or competent administrative bodies to ensure that the national provisions for implementing this Directive are applied:

(a)

public bodies and authorities or their representatives;

(b)

consumer organisations with a legitimate interest in protecting consumers;

(c)

professional organisations with a legitimate interest in taking such action.

Article 14 Consumer information and out-of-court redress

1.   Member States shall take appropriate measures to inform consumers of the national law transposing this Directive and shall encourage, where appropriate, traders and code owners to inform consumers of their codes of conduct.

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. It shall also encourage traders and their branch organisations to inform consumers of any such codes, including, where appropriate, by means of a specific marking.

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, where appropriate, encourage traders and their branch organisations to inform consumers of the availability of such procedures.

Article 15 Penalties

1.   Member States shall provide for appropriate penalties in the event of a trader’s failure to comply with the national provisions adopted pursuant to this Directive.

2.   Those penalties shall be effective, proportionate and dissuasive.

Article 16 Transposition

1.   Member States shall adopt and publish, by 23 February 2011, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.

They shall apply those provisions from 23 February 2011.

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 17 Review

The Commission shall review this Directive and report to the European Parliament and the Council no later than 23 February 2014.

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 18 Repeal

Directive 94/47/EC shall be 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 VI.

Article 19 Entry into force

This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union .

Article 20 Addressees

This Directive is addressed to the Member States.

Schedules & Appendices

ANNEX I

ANNEX I

STANDARD INFORMATION FORM FOR TIMESHARE CONTRACTS

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Part 1:

Identity, place of residence and legal status of the trader(s) which will be party to the contract:

Short description of the product (e.g. description of the immovable property):

Exact 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:

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):

A 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 such services:

A summary of facilities available to the consumer (e.g. swimming pool or sauna):

Are these facilities included in the costs indicated above?

If not, specify what is included and what has to be paid for:

Is it possible to join an exchange scheme?

If yes, specify the name of the exchange scheme:

Indication of costs for membership/exchange:

Has the trader signed a code/codes of conduct and, if yes, where can it/they be found?

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Part 2:

General information:

The consumer has the right to withdraw from this contract without giving any reason within 14 calendar days from the conclusion of the contract or any binding preliminary contract or receipt of those contracts if 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 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 courts other than those of the Member State in which the consumer is resident or is habitually domiciled.

Signature of the consumer:

Part 3:

Additional information to which the consumer is entitled and where it can be obtained specifically (for instance, under which chapter of a general brochure) if not provided below:

1. INFORMATION ABOUT THE RIGHTS ACQUIRED

conditions governing the exercise of the right which is the subject of the contract within the territory of the Member States(s) in which the property or properties concerned are situated and information on whether those conditions have been fulfilled or, if they have not, what conditions remain to be fulfilled,

where the contract provides rights to occupy accommodation to be selected from a pool of accommodation, information on restrictions on the consumer’s ability to use any accommodation in the pool at any time.

2. INFORMATION ON THE PROPERTIES

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,

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

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

3. ADDITIONAL REQUIREMENTS FOR ACCOMMODATION UNDER CONSTRUCTION (where applicable)

the state of completion of the accommodation and of the services rendering the accommodation fully operational (gas, electricity, water and telephone connections) and any facilities to which the consumer will have access,

the deadline for completion of the accommodation and of the services rendering it fully operational (gas, electricity, water and telephone connections) and a reasonable estimate of the deadline for the completion of any facilities to which the consumer will have access,

the number of the building permit and the name(s) and full address(es) of the competent authority or authorities,

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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4. INFORMATION ON THE COSTS

an accurate and appropriate description of all costs associated with the timeshare contract; how these costs will be allocated to the consumer 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),

where applicable, information on whether there are any charges, mortgages, encumbrances or any other liens recorded against title to the accommodation.

5. INFORMATION ON TERMINATION OF THE CONTRACT

where appropriate, information on the arrangements for the termination of ancillary contracts and the consequences of such termination,

conditions for terminating the contract, the consequences of termination, and information on any liability of the consumer for any costs which might result from such termination.

6. ADDITIONAL INFORMATION

information on how maintenance and repairs 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,

information on whether or not it is possible to join a system for the resale of the contractual rights, information about the relevant system and an indication of costs related to resale through this system,

indication of the language(s) available for communication with the trader in relation to the contract, for instance in relation to management decisions, increase of costs and the handling of queries and complaints,

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

Acknowledgement of receipt of information:

Signature of the consumer:

ANNEX II

ANNEX II

STANDARD INFORMATION FORM FOR LONG-TERM HOLIDAY PRODUCT CONTRACTS

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Part 1:

Identity, place of residence and legal status of the trader(s) which will be party to the contract:

Short description of the product:

Exact 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:

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 the 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 of this price for each year of the length of the contract 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 take account of inflation.

Outline of additional obligatory costs imposed under the contract; type of costs and indication of amounts (e.g. annual membership fees):

A summary of key services available to the consumer (e.g. discounted hotel stays and flights):

Are they included in the costs indicated above?

If not, specify what is included and what has to be paid for (e.g. three-night stay included in annual membership fee, all other accommodation must be paid for separately):

Has the trader signed a code/codes of conduct and, if yes, where can it/they be found?

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Part 2:

General information:

The consumer has the right to withdraw from this contract without giving any reason within 14 calendar days from the conclusion of the contract or any binding preliminary contract or receipt of those contracts if 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 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 courts other than those of the Member State in which the consumer is resident or is habitually domiciled.

Signature of the consumer:

Part 3:

Additional information to which the consumer is entitled and where it can be obtained specifically (for instance, under which chapter of a general brochure) if not provided below:

1. INFORMATION ABOUT THE RIGHTS ACQUIRED

an appropriate and correct description of discounts available for future bookings, illustrated by a set of examples of recent offers,

information on 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 promotions and special discounts.

2. INFORMATION ON THE TERMINATION OF THE CONTRACT

where appropriate, information on the arrangements for the termination of ancillary contracts and the consequences of such termination,

conditions for terminating the contract, the consequences of termination, and information on any liability of the consumer for any costs which might result from such termination.

3. ADDITIONAL INFORMATION

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

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

Acknowledgement of receipt of information:

Signature of the consumer:

ANNEX III

ANNEX III

STANDARD INFORMATION FORM FOR RESALE CONTRACTS

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Part 1:

Identity, place of residence and legal status of the trader(s) which will be party to the contract:

Short description of the services (e.g. marketing):

Duration of the contract:

Price to be paid by the consumer for acquiring the services:

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):

Has the trader signed a code/codes of conduct and, if yes, where can it/they be found?

Part 2:

General information:

The consumer has the right to withdraw from this contract without giving any reason within 14 calendar days from the conclusion of the contract or any binding preliminary contract or receipt of those contracts if that takes place later.

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 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 courts other than those of the Member State in which the consumer is resident or is habitually domiciled.

Signature of the consumer:

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Part 3:

Additional information to which the consumer is entitled and where it can be obtained specifically (for instance, under which chapter of a general brochure) if not provided below:

conditions for terminating the contract, the consequences of termination, and information on any liability of the consumer for any costs which might result from such termination,

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

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

Acknowledgement of receipt of information:

Signature of the consumer:

ANNEX IV

ANNEX IV

STANDARD INFORMATION FORM FOR EXCHANGE CONTRACTS

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Part 1:

Identity, place of residence and legal status of the trader(s) which will be party to the contract:

Short description of the product:

Exact 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:

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):

A summary of key services available to the consumer:

Are they included in the costs indicated above?

If not, specify what is included and what has to be paid for (type of costs and indication of amounts; e.g. an estimate of the price to be paid for individual exchange transactions, including any additional charges):

Has the trader signed a code/codes of conduct and, if yes, where can it/they be found?

Part 2:

General information:

The consumer has the right to withdraw from this contract without giving any reason within 14 calendar days from the conclusion of the contract or any binding preliminary contract or receipt of those contracts if that takes place later. In cases where the exchange contract is offered together with and at the same time as the timeshare contract, only a single withdrawal period 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 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 courts other than those of the Member State in which the consumer is resident or is habitually domiciled.

Signature of the consumer:

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Part 3:

Additional information to which the consumer is entitled and where it can be obtained specifically (for instance, under which chapter of a general brochure) if not provided below:

1. INFORMATION ABOUT THE RIGHTS ACQUIRED

explanation of how the exchange system works; the possibilities and modalities for exchange; an indication of the value allotted to the consumer’s timeshare in the exchange system and a set of examples of concrete exchange possibilities,

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 on the choice resulting from the timeshare rights deposited into the exchange system by the consumer.

2. INFORMATION ON THE PROPERTIES

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; description of where the consumer can obtain further information.

3. INFORMATION ON THE COSTS

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.

4. INFORMATION ON THE TERMINATION OF THE CONTRACT

where appropriate, information on the arrangements for the termination of ancillary contracts and the consequences of such termination,

conditions for terminating the contract, the consequences of termination, and information on any liability of the consumer for any costs which might result from such termination.

5. ADDITIONAL INFORMATION

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

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

Acknowledgement of receipt of information:

Signature of the consumer:

ANNEX V

ANNEX V

SEPARATE STANDARD WITHDRAWAL FORM TO FACILITATE THE RIGHT OF WITHDRAWAL

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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 … (to be filled in by the trader before providing the form to the consumer).

Where the consumer has not received this form, the withdrawal period starts when the consumer has received this form, but expires in any case after one year and 14 calendar days.

Where the consumer has not received all the required information, the withdrawal period starts when the consumer has received that information, but expires in any case after three months and 14 calendar days.

To exercise the right of withdrawal, the consumer shall notify the trader using the name and address indicated below by using a durable medium (e.g. written letter sent by post, e-mail). The consumer may use this form, but it is not obligatory.

Where the consumer exercises the right of withdrawal, the consumer 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.

Notice of withdrawal

To (Name and address of the trader) (*):

I/We (**) hereby give notice that I/We (**) withdraw from the contract,

Date of conclusion of contract (*):

Name(s) of consumer(s) (***):

Address(es) of consumer(s) (***):

Signature(s) of consumer(s) (only if this form is notified on paper) (***):

Date (***):

(*) To be filled in by the trader before providing the form to the consumer.

(**) Delete as appropriate.

(***) To be filled in by the consumer(s) where this form is used to withdraw from the contract.

Acknowledgement of receipt of information:

Signature of the consumer:

ANNEX VI

ANNEX VI

CORRELATION TABLE BETWEEN PROVISIONS OF THIS DIRECTIVE AND DIRECTIVE 94/47/EC

Directive 94/47/EC

This Directive

Article 1, first paragraph

Article 1(1) and Article 1(2), first subparagraph

Article 1, second paragraph

—

Article 1, third paragraph

Article 1(2), second subparagraph

Article 2, first indent

Article 2(1)(a)

—

Article 2(1)(b) (new)

—

Article 2(1)(c) (new)

—

Article 2(1)(d) (new)

Article 2, second indent

—

Article 2, third indent

Article 2(1)(e)

Article 2, fourth indent

Article 2(1)(f)

—

Article 2(1)(g) (new)

—

Article 2(1)(h) (new)

—

Article 2(1)(i) (new)

—

Article 2(1)(j) (new)

—

Article 2(2) (new)

Article 3(1)

Article 4(1)

Article 3(2)

Article 5(2)

Article 3(3)

Article 3(1)

—

Article 3(2) (new)

—

Article 3(3) (new)

—

Article 3(4) (new)

Article 4, first indent

Article 5(1), first subparagraph, and Article 5(2), first subparagraph

Article 4, second indent

Article 4(3) and Article 5(1)

—

Article 4(2) (new)

—

Article 5(4) (new)

—

Article 5(5) (new)

Article 5(1), introductory sentence

Article 6(1)

Article 5(1), first indent

Article 6(1) and Article 6(2)

Article 5(1), second indent

Article 6(3) and Article 6(4)

Article 5(1), third indent

Article 6(3)

—

Article 6(5) (new)

Article 5(2)

Article 7

—

Article 8(1) (new)

Article 5(3)

Article 8(2)

Article 5(4)

Article 8(2)

Article 6

Article 9(1)

—

Article 9(2) (new)

—

Article 10(1) (new)

—

Article 10(2) (new)

—

Article 11(1) (new)

Article 7, first paragraph

Article 11(2)

Article 7, second paragraph

Article 11(3)

Article 8

Article 12(1)

Article 9

Article 12(2)

Article 10

Articles 13 and 15

Article 11

—

—

Article 14(1) (new)

—

Article 14(2) (new)

Article 12

Article 16

—

Article 17 (new)

—

Article 18 (new)

—

Article 19 (new)

Article 13

Article 20

Annex

Annex I

Annex, point (a)

Article 5(3)(a), and Annex I, Part 1, first box

Annex, point (b)

Annex I, Part 1, third box, and Annex I, Part 3, point 1, first indent

Annex, point (c)

Annex I, Part 1, second box, and Annex I, Part 3, point 2, first indent

Annex, point (d)(1)

Annex I, Part 3, point 3, first indent

Annex, point (d)(2)

Annex I, Part 1, fourth box, and Annex I, Part 3, point 3, second indent

Annex, point (d)(3)

Annex I, Part 3, point 3, third indent

Annex, point (d)(4)

Annex I, Part 3, point 3, first indent

Annex, point (d)(5)

Annex I, Part 3, point 3, fourth indent

Annex, point (e)

Annex I, Part 1, sixth box, and Annex I, Part 3, point 2, second indent

Annex, point (f)

Annex I, Part 1, sixth box, and Annex I, Part 3, point 2, third indent

Annex, point (g)

Annex I, Part 3, point 6, first indent

Annex, point (h)

Annex I, Part 1, fourth box

Annex, point (i)

Annex I, Part 1, fifth and sixth boxes, and Annex I, Part 3, point 4, first indent

Annex, point (j)

Annex I, Part 2, third indent

Annex, point (k)

Annex I, Part 2, seventh box, and Annex I, Part 3, point 6, second indent

Annex, point (l)

Annex I, Part 2, first and third indents, Annex I, Part 3, point 5, first indent, and Annex V (new)

Annex, point (m)

Article 5(3)(b)

—

Annex I, Part 1, eighth box (new)

—

Annex I, Part 2, second indent (new)

—

Annex I, Part 2, fourth indent (new)

—

Annex I, Part 3, point 1, second indent (new)

—

Annex I, Part 3, point 4, second indent (new)

—

Annex I, Part 3, point 5, second indent (new)

—

Annex I, Part 3, point 6, third indent (new)

—

Annex I, Part 3, point 6, fourth indent (new)

—

Annexes II to V (new)