REPORT on the 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 proposed by the Commission

Amendment

(-1a) Since tourism plays an increasingly important role in the economies of the Member States, the timeshare and long-term holiday industries have to be stimulated to achieve greater growth and productivity by adopting a minimum set of common rules;

Text proposed by the Commission

Amendment

(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 basis, timeshare has evolved and new holiday products similar to it have appeared on the market. These new holiday products and certain transactions related to timeshare, such as resale and exchange, are not covered by Directive 94/47/EC. In addition, experience with the application of Directive 94/47/EC has shown that some points already covered need to be updated or clarified.

(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 basis, timeshare has evolved and new holiday products similar to it have appeared on the market. These new holiday products and certain transactions related to timeshare, such as resale and exchange 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 preventing the development of products which aim to circumvent this Directive.

Text proposed by the Commission

Amendment

(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.

(3) In order to enhance legal certainty and fully achieve the benefits of the internal market for consumers and businesses, certain aspects of the marketing, sale and resale of timeshare and long-term holiday products as well as exchange of timeshare should be fully harmonised. Member States should not be allowed to maintain or introduce national legislation in the fields covered by this Directive. When dealing with issues not covered by the provisions in this Directive, Member States should remain free to maintain or introduce national legislation in conformity with Community law.

Text proposed by the Commission

Amendment

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

deleted

Text proposed by the Commission

Amendment

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

(5) The types of products covered by this Directive should be clearly defined in such a way as to preclude circumvention of its provisions and in particular the provisions concerning pre-contractual information, the contract and the withdrawal period should be clarified and updated.

Text proposed by the Commission

Amendment

(5a) The definition of a timeshare contract does not include in its scope multiple bookings of a hotel room if the contract is of a duration of less than one year. Ordinary lease contracts would also not be included in the scope since they refer to one single continuous period of occupation and not to multiple periods.

Text proposed by the Commission

Amendment

(5b) The definition of long-term holiday products covers contracts where the right is obtained against consideration. Thus, ordinary loyalty schemes, providing discounts on future stays in the hotels of a hotel chain, namely "discount vouchers" or "hotel cheques", should not be covered.

Text proposed by the Commission

Amendment

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

(6) The consumer should have the right to choose the language to be used for the pre-contractual information and in the contract between the language or one of the languages of the Member State in which he/she is resident or in the language or one of the languages of the Member State of which he/she is a national which shall be an official language or official languages of the Community. The Member State in which the consumer is resident may, however, require that the contract be drawn up in all cases in at least its language or languages – which must be an official language or official languages of the Community – and that 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 which shall be an official language or official languages of the Community.

Text proposed by the Commission

Amendment

(6a) In order to ensure the consumer has a global understanding of the protection granted by this Directive, the trader shall provide the consumer with a check-list; the check-list should be based on the use of standard forms, available in all Community languages.

Text proposed by the Commission

Amendment

(6b)Taking into account the existing regulatory gaps and the lack of harmonised legislation, the Member States and the Commission are invited to work towards the creation of a model contract in all the official languages of the Community, containing all the basic and indispensable contractual provisions.

Text proposed by the Commission

Amendment

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

(7) In order to give the consumer the possibility to fully understand what his/her obligations and rights are under the contract he/she should be allowed a period during which he/she may withdraw from the contract without having to justify it. Currently the length of this period varies between Member States. In order to achieve a high level of consumer protection and more clarity for consumers and industry this period should be harmonised.

Text proposed by the Commission

Amendment

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

(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.

Text proposed by the Commission

Amendment

(8a) For ancillary contracts, the prohibition on advance payments should apply only if the ancillary contract is concluded during the withdrawal period of the main contract to which it relates. .

Text proposed by the Commission

Amendment

(8b) In addition, for resale contracts, the prohibition on advance payment should apply until the actual sale has taken place or the resale contract has been terminated.

Text proposed by the Commission

Amendment

(8c) Considering the nature of the problem currently faced by consumers, both consumers and the industry would benefit if long-term holiday product traders were placed under an obligation to provide sufficient evidence of financial security in the event of insolvency.

Text proposed by the Commission

Amendment

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

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

Text proposed by the Commission

Amendment

(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.

(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 third country is the law applicable to the contract and the real property is located in a Member State of the European Union. To this end, the provisions of this Directive relating to the withdrawal period and information requirements should be regarded as being provisions that cannot be derogated from by contract within the meaning of Regulation (EC) No ..../2008 of the European Parliament and of the Council of ... on the law applicable to contractual obligations (Rome I)¹.

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¹ OJ L XX, xx/xx/xx, p. x.

Text proposed by the Commission

Amendment

(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.

(12) It is necessary to ensure that persons or organisations (which might include a national or European licensing authority regulating those products within the scope of this Directive) having, under national law or EU law, a legitimate interest in the matter have legal remedies for initiating proceedings against infringements of this Directive.

Text proposed by the Commission

Amendment

(12a) The law applicable to contracts relating to timeshare or long-term holiday products should be determined in accordance with Article 6 of Regulation (EC) No .../2008 (Rome I). The courts having jurisdiction to entertain proceedings arising out of timeshare or long-term holiday products, including any relationships collateral or ancillary thereto, should be determined in accordance with Section 4, Consumer Contracts, of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters ¹(Brussels I Regulation) except where the dispute relates to the existence, nature or extent of a right in rem.

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¹ OJ L 12, 16.1.2001, p. 1. Regulation as last amended by Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

Text proposed by the Commission

Amendment

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

(14) Consumers should be effectively informed of their rights under this Directive. Traders should inform consumers about their codes of conduct that exist in the field.

Text proposed by the Commission

Amendment

(14a) Member States should encourage economic operators to set up (EU) branch organisations to ensure the development and management of the codes of conduct in close cooperation with designated authorities.

Text proposed by the Commission

Amendment

(16a) In accordance with point 34 of the Interinstitutional Agreement on better law-making¹, Member States should draw up, for themselves and in the interests of the Community, their own tables illustrating, as far as possible, the correlation between this Directive and the transposition measures, and make them public.

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OJ C 321, 31.12.2003, p.1.

Text proposed by the Commission

Amendment

1. This Directive shall apply to the protection of consumers in respect of certain aspects of the marketing and sale of timeshare and long-term holiday products. It shall also apply to the resale of timeshare and long-term holiday products, and the exchange of timeshare.

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 harmonising the laws, regulations and administrative provisions of the Member States in respect of certain aspects of the marketing, sale and resale of timeshare and long-term holiday products as well as to the exchange of timeshare.

This Directive applies to trader-to-consumer transactions.

This Directive applies to trader-to-consumer transactions.

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

2. This Directive is without prejudice to national legislation providing for:

- general contract law remedies,

- national rules relating to registration and conveyance of movable or immovable property, conditions of establishment or authorisation regimes,

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

2. Member States may continue to apply national provisions in the field approximated by this Directive which are more stringent to ensure a higher level of consumer protection, and which 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.

Text proposed by the Commission

Amendment

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

(a) ’timeshare contract’ means a contract of a duration of more than one year by which a consumer acquires for consideration the right to use accommodation on a recurrent basis;

Text proposed by the Commission

Amendment

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

(b) ’long-term holiday product contract’ means a contract of a duration of more than one year by which a consumer acquires for consideration primarily the right to obtain discounts or other benefits on accommodation, with or without other facilities, in isolation or together with travel or other services;

Text proposed by the Commission

Amendment

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

(d) ’exchange contract’ means an ancillary contract by which a consumer for consideration joins an exchange system which allows him/her access to accommodation or other value added services in exchange for granting temporary access to others to the benefits of his/her timeshare rights;

Text proposed by the Commission

Amendment

(g) ’ancillary contract’ means any contract which is subordinated to another contract.

(g) ’ancillary contract’ means any contract which is related to a main contract, meaning a timeshare contract or a long-term holiday product contract;

Text proposed by the Commission

Amendment

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

Text proposed by the Commission

Amendment

(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 it in relation to one or more particular commercial practices or business sectors.

Text proposed by the Commission

Amendment

1. Member States shall ensure that any advertising indicates the possibility of obtaining the written information referred to in paragraph 2 and where it can be obtained.

1. Member States shall ensure that any advertising indicates in a clear manner that any contract offer by the trader will include the information referred to in paragraph 2 and how that information can be obtained.

2. The trader shall provide a consumer requesting information with written information which, in addition to a general description of the product, shall provide at least brief and accurate information on the following items, where applicable:

2. In good time before the consumer is bound by any contract, the trader shall provide the consumer with written information in a clear and concise manner, where applicable, on a general description of the product, on the right of withdrawal laid down in Article 5, and on the prohibition on advance payment during the period allowed for withdrawal. In addition, the consumer shall receive information on the following items, where applicable:

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

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

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

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

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

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

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

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

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

Text proposed by the Commission

Amendment

2a. At the same time and in the same form as the information referred to in paragraph 2, the trader shall also inform the consumer that, in accordance with international private law, the contract may be governed by a law other than the national law of the consumer and possible disputes may be referred to other courts than the court in which the consumer is resident or is habitually domiciled.

Text proposed by the Commission

Amendment

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.

3. In case of a resale contract the trader's obligation to provide the information under paragraph 2 applies towards the consumer who may enter into the resale contract.

Text proposed by the Commission

Amendment

4. The information referred to in paragraph 2 shall be drawn up in one of the official languages of the Community, as chosen by the consumer.

4. Member States shall ensure that the information referred to paragraph 2 is in writing or in another durable medium, in easily legible font size, and drawn up in 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/she is a 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 the contract be drawn up in all cases in at least its language or languages – which must be an official language or official languages of the Community – and that 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 which shall be an official language or official languages of the Community.

Text proposed by the Commission

Amendment

The contract

Common provisions for main and ancillary contracts.

Text proposed by the Commission

Amendment

4. Member States shall ensure that the contract is in writing and drawn up in one of the official languages of the Community, as chosen by the consumer.

4. Member States shall ensure that the contract is in writing or in another durable medium, in easily legible font size, and drawn up in 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/she is a 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 the contract be drawn up in all cases in at least its language or languages – which must be an official language or official languages of the Community – and that 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 which shall be an official language or official languages of the Community.

Text proposed by the Commission

Amendment

2. The written information referred to in Article 3(2) shall form an integral part of the contract and shall not be altered unless the parties expressly agree otherwise or the changes result from circumstances beyond the trader’s control.

2. The written information referred to in Article 3(2) shall form an integral part of the contract and shall not be altered unless the parties expressly agree otherwise or the changes result from unusual or unforeseeable circumstances beyond the trader’s control, the consequences of which could not have been avoided even if all due care have been exercised.

Changes resulting from circumstances beyond the trader’s control shall be communicated to the consumer before the contract is concluded.

Any such changes to the information referred to in Article 3(2) shall be communicated in writing, on paper or another durable medium, to the consumer before the contract is concluded.

The contract shall expressly mention any such changes.

Text proposed by the Commission

Amendment

2a. If the information referred to in points (a) to (o) of Annex I, points (a), (b) and (d) of Annex II, points (a) to (i) of Annex III, points (a) to (g) of Annex IV or points (a) to (k) of Annex V has not been provided in writing or in another durable medium, the consumer is deemed not to be bound by the contract.

Text proposed by the Commission

Amendment

2b. In addition to the information referred to in Article 3(2), the contract shall:

(a) mention the identity and place of residence of the parties;

(b) mention the date and place of conclusion of the contract, and

(c) be signed by both parties.

Text proposed by the Commission

Amendment

3a. The consumer shall receive a copy of the contract at the time when it is concluded, on paper or in another durable medium.

Text proposed by the Commission

Amendment

3b. Where a timeshare contract is to be financed by a loan of which the trader has been informed, the contract for the timeshare shall be deemed to have been concluded subject to the condition that the loan is granted before the end of the withdrawal period referred to in Article 5(1).

Text proposed by the Commission

Amendment

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

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

2. The main or resale contract shall include a check-list intended to underline the rights given to consumers by this Directive and to facilitate the exercising of the right of withdrawal in accordance with Article 5.

The check-list should be based on the use of standard forms, available in all Community languages, and should contain a detachable form to exercise the right of withdrawal.

The check-list shall in a brief and clear manner specify the following:

- the identity and residence of all parties;

- the nature of the right which is subject to the main contract;

- the exact period within which the right which is the subject of the main contract may be exercised and, if necessary, its duration;

- the date on which the consumer may start to exercise the contractual rights;

- the price to be paid by the consumer for the timeshare, long term holiday product or for the services provided by the resale trader;

- the associated costs with the timeshare or long term holiday product;

- where appropriate the services or facilities to which the consumer will have access;

- whether it is possible to join exchange system;

- information about the length of the right of withdrawal;

- information about the ban on advance payments;

- whether the trader is a signatory of codes of conduct;

Text proposed by the Commission

Amendment

1. Member States shall ensure that, after entering into a contract, the consumer has the right to withdraw, without giving any reason, within fourteen days of both parties' signing the contract or of both parties' signing a binding preliminary contract. If the fourteenth day is a public holiday, the period shall be extended to the first working day thereafter.

1. The consumer shall have a period of twenty-one calendar days to withdraw from the main contract or the resale contract, without giving any reason.

That withdrawal period shall begin either:

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

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

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.

3. If the information referred to in points (a) to (p) of Annex I and (a) and (b) of Annex II has not been provided in writing within three months after the signing of the contract, the right of withdrawal shall expire after three months and fourteen days from the signing of the contract.

Text proposed by the Commission

Amendment

4. If the consumer intends to exercise the right of withdrawal he shall, before the expiry of the deadline, notify the person whose name and address appear in the contract for that purpose pursuant to point (p) of Annex I. The deadline shall be deemed to have been observed if the notification, if it is in writing, is dispatched before the deadline expires.

4. If the consumer intends to exercise the right of withdrawal he/she shall, before the expiry of the deadline, notify, on paper or on another durable medium, the trader or the person whose name and address appear in the contract for that purpose. The deadline shall be deemed to have been observed if the notification is dispatched before the deadline expires.

5.Where the consumer exercises the right of withdrawal, he is required to reimburse only those expenses which, in accordance with national law, are incurred as a result of the conclusion of and withdrawal from the contract for legal formalities which have to be completed before the deadline referred to in paragraph 1. Such expenses shall be expressly mentioned in the contract.

Text proposed by the Commission

Amendment

6. Where the consumer exercises the right of withdrawal provided for in paragraph 3, he shall not be required to make any reimbursement.

6. Where the consumer exercises the right of withdrawal, he/she shall not be required to make any reimbursement.

Text proposed by the Commission

Amendment

1. Member States shall ensure that any advance payment, provision of guarantees, reservation of money on a credit card, explicit acknowledgement of debt or any other consideration to the trader or to any third party by a consumer before the end of the period, during which he may exercise the right of withdrawal in accordance with Article 5 (1) to 5 (3), is prohibited.

1. Member States shall ensure that for timeshare and long-term holiday products 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 a consumer before the end of the period, during which he/she may exercise the right of withdrawal in accordance with Article 5 (1) to 5 (3), is prohibited.

Text proposed by the Commission

Amendment

1a. Paragraph 1 shall apply to ancillary contracts concluded within the period referred to in Article 5(1).

Text proposed by the Commission

Amendment

2. Any payment, provision of guarantees, reservation of money on credit cards, acknowledgement of debt or any other consideration to the trader or to any third party by the consumer for resale before the actual sale has taken place or the resale contract otherwise is terminated, is prohibited.

2. In addition, any advance payment, provision of guarantees, reservation of money on accounts, acknowledgement of debt or any other consideration to the trader or to any third party by the consumer for resale before the actual sale has taken place or the resale contract otherwise is terminated, is prohibited.

Text proposed by the Commission

Amendment

Article 6a

Specific provisions relating to long-term holiday products

1. For long-term holiday product contracts, payment shall be made according to a staggered payment schedule; the payments, including any membership fees, shall be divided into instalments with at least three instalments, each of which should be of equal value for contracts not exceeding ten years, and at least five instalments, each of which should be of equal value for contracts of more than ten years; the time at which each instalment is payable shall be calculated across the term of the contract in order that equal periods of time lapse between each date on which payment is due. The trader shall send a written request for payment, on paper or on other durable medium, at least 14 calendar days in advance of each due date.

Without prejudice to the right of withdrawal referred to in Article 5, 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 legislation.

2. Member States shall ensure that long-term holiday product traders are placed under an obligation to provide sufficient evidence of financial security in the event of insolvency.

Text proposed by the Commission

Amendment

1. Member States shall ensure that, if the consumer exercises his right to withdraw from the contract for timeshare or long-term holiday product, any ancillary contracts, including exchange, are automatically terminated, without any penalty.

1. Should the consumer exercise his/her right to withdraw from the main contract, any ancillary contracts shall be automatically terminated, without any costs for the consumer.

2. If the price is fully or partly covered by a credit granted to the consumer by the trader, or by a third party on the basis of an agreement between the third party and the trader, the credit agreement shall be terminated, without any penalty, if the consumer exercises his right to withdraw from the main contract, as provided for in Article 5.

2. If the price is fully or partly covered by a credit granted to the consumer by the trader, or by a third party on the basis of an agreement between the third party and the trader, the credit agreement shall be terminated, without any costs for the consumer, if the consumer exercises his/her right to withdraw from the main contract, as provided for in Article 5(1).

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

3. The consumer shall be able to terminate the exchange at any time.

Text proposed by the Commission

Amendment

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

Member States shall ensure that, if the law applicable to the contract is the law of a Member State, the consumer may not waive the rights conferred on him/her by this Directive, unless otherwise specified in this Directive.

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

Text proposed by the Commission

Amendment

Article 8a

Applicable law and jurisdiction

1. The law applicable to contracts relating to timeshare or long-term holiday products shall be determined in accordance with Article 6 of Regulation (EC) No ..../2008 (Rome I).

2. The courts having jurisdiction to entertain proceedings arising out of timeshare or long-term holiday products, including any relationships collateral or ancillary thereto, shall be determined in accordance with Section 4, Consumer Contracts, of Regulation (EC) No 44/2001, except where the dispute relates to the existence, nature or extent of a right in rem.

Text proposed by the Commission

Amendment

Article 8b

Overriding mandatory provisions

The provisions of this Directive relating to the withdrawal period and information requirements shall be regarded as being provisions that cannot be derogated from by contract within the meaning of Regulation (EC) No ..../2008 (Rome I).

Text proposed by the Commission

Amendment

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

1. Member States shall ensure and supervise general compliance by their 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, may take action in accordance with national law before the courts or competent administrative bodies to ensure that the national provisions for the implementation of this Directive are applied:

2. 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 the implementation of this Directive are applied:

Text proposed by the Commission

Amendment

(a) public bodies or their representatives;

(a) public authorities or bodies or their representatives;

Text proposed by the Commission

Amendment

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

1. Member States shall take the appropriate measures to inform the consumer of the national law transposing this Directive.

Member States shall encourage the development of codes of conduct and ensure that, where appropriate, consumers are informed about these codes of conduct.

Member States shall encourage economic operators to set up (EU) branch organisations to ensure the development and management of the codes of conduct in close cooperation with designated authorities.

Text proposed by the Commission

Amendment

Member States shall ensure that (EU) branch organisations offer consumers the possibility of an alternative dispute resolution system to handle complaints.

Member States shall encourage and support such branch organisations to develop a European wide voluntary quality label aimed at allowing labelled traders to carry an official 'kite' mark approved and supported by the Member States.

Text proposed by the Commission

Amendment

2a. Member States shall ensure the availability of full information on and access to the legal mechanisms which may be used by the consumer and the trader under the Brussels I Regulation, with reference to the out-of-court settlement of consumer disputes and legal actions of a judicial and administrative nature.

Text proposed by the Commission

Amendment

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

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

Text proposed by the Commission

Amendment

Directive 94/47/EEC is repealed.

Directive 94/47/EC 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.

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.

Text proposed by the Commission

Amendment

I. Information about the trader

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

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

Text proposed by the Commission

Amendment

II. Information about the right acquired

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

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

Text proposed by the Commission

Amendment

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

Text proposed by the Commission

Amendment

III. Information about the properties

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

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

Text proposed by the Commission

Amendment

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

deleted

Text proposed by the Commission

Amendment

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

deleted

Text proposed by the Commission

Amendment

(fa) should the contract offer the right to occupy one unit of accommodation within a complex, information concerning restrictions on the scope for the consumer to occupy any unit of accommodation at any time within the complex;

Text proposed by the Commission

Amendment

IV. Information on the costs

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

Text proposed by the Commission

Amendment

(g) an accurate description of how all costs will be allocated to the consumers and how and when such costs may be increased; where relevant, information on whether there are any charges, mortgages, encumbrances or any other liens recorded against title to the accommodation;

(g) an appropriate description of 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; where relevant, information on whether there are any charges, mortgages, encumbrances or any other liens recorded against title to the accommodation;

Text proposed by the Commission

Amendment

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

deleted

Text proposed by the Commission

Amendment

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

deleted

Text proposed by the Commission

Amendment

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

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

Text proposed by the Commission

Amendment

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

deleted

Text proposed by the Commission

Amendment

V. Information on the right of withdrawal and termination of the contract

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

(m) information on the right to withdraw from the contract and the consequences of withdrawing from the contract; where applicable, information on the arrangements for the termination of any credit agreement and the other ancillary contracts linked to the main contract in the event of withdrawal from the contract, such as cash-back schemes or other investment schemes; information about the consequences of such withdrawal;

Text proposed by the Commission

Amendment

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

Text proposed by the Commission

Amendment

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

deleted

Text proposed by the Commission

Amendment

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

deleted

Text proposed by the Commission

Amendment

VI. Additional information

(p) the existence, content, control and enforcement of codes of conduct;

(p) whether or not the trader is a signatory to a code of conduct and where to find it;

Text proposed by the Commission

Amendment

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

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

Text proposed by the Commission

Amendment

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

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

Text proposed by the Commission

Amendment

I. Information about the trader

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

(a) The identity and official place of business of the parties responsible for the delivery of the accommodation, travel or related products and services to which the consumer has access as a result of the main contract;

Text proposed by the Commission

Amendment

II. Information about the right acquired

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

(b) the exact nature of the right which is the subject of the main contract and an appropriate description of the rights conferred on the consumer by means of the contract, including any restriction on consumers wishing to enjoy those rights (e.g. limited availability or promotional offers or special discounts);

Text proposed by the Commission

Amendment

(ca) an appropriate and correct description of the accommodation available for future bookings, an indication and guarantee of the discount rate, and the time periods in which this is available;

Text proposed by the Commission

Amendment

III. Information on the costs

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

(d) the price to be paid by the consumer, including any periodic cost;

Text proposed by the Commission

Amendment

(da) when applicable, the exact nature of the discount(s) available, a comparison to the full price of the relevant movable or immovable property, travel or any related products or services;

Text proposed by the Commission

Amendment

(db) an explanation of how any fees to be paid to maintain the right can be changed and an estimate of future fees;

Text proposed by the Commission

Amendment

(dc) details of any other costs the consumer can expect to incur resulting from his/her right to obtain access to the accommodation, travel or any related products or services as specified;

Text proposed by the Commission

Amendment

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

deleted

Text proposed by the Commission

Amendment

V. Information on the right of withdrawal and termination of the contract

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

(g) information on the right to withdraw from the contract and the consequences of withdrawing from the contract; where applicable, information on the arrangements for the termination of any credit agreement and the other ancillary contracts linked to the main contract in the event of withdrawal from the contract, such as cash-back schemes or other investment schemes; information about the consequences of such withdrawal;

Text proposed by the Commission

Amendment

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

Text proposed by the Commission

Amendment

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

deleted

Text proposed by the Commission

Amendment

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

deleted

Text proposed by the Commission

Amendment

VI. Additional information

(j) the existence, content, control and enforcement of codes of conduct;

(j) whether or not the trader is a signatory to a code of conduct and where to find it;

Text proposed by the Commission

Amendment

I. Information about the trader

Text proposed by the Commission

Amendment

II. Information about the service provided

(aa) an accurate description of the services to be provided under the contract (e.g. marketing);

Text proposed by the Commission

Amendment

III. Information on the costs

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

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

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

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

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

Text proposed by the Commission

Amendment

IV. Information on the right to withdraw and termination of the contract

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

(e) information on the right to withdraw from the resale contract and the consequences of withdrawing from the contract;

Text proposed by the Commission

Amendment

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

(f) information about the ban on advance payments as determined in accordance with Article 6(3) until the actual sale has taken place or the resale contract otherwise is terminated;

Text proposed by the Commission

Amendment

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

deleted

Text proposed by the Commission

Amendment

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

Text proposed by the Commission

Amendment

V. Additional information

(h) the existence, content, control and enforcement of codes of conduct;

(h) whether or not the trader is a signatory to a code of conduct and where to find it;

Text proposed by the Commission

Amendment

I. Information about the trader

Text proposed by the Commission

Amendment

II. Information about the right acquired

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

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

Text proposed by the Commission

Amendment

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

Text proposed by the Commission

Amendment

(bb) an explanation of the added value of the services offered by the exchange trader;

Text proposed by the Commission

Amendment

III. Information about the properties

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

(c) where the consumer can obtain 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;

Text proposed by the Commission

Amendment

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

deleted

Text proposed by the Commission

Amendment

IV. Information on the costs

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

(e) the price to be paid by the consumer, an estimate of the amount to be paid by the consumer for the exchange membership and individual exchange transactions;

Text proposed by the Commission

Amendment

(ea) 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 will be liable in respect of the exchange;

Text proposed by the Commission

Amendment

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

deleted

Text proposed by the Commission

Amendment

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

(h) an explanation of the way in which the exchange system works and the possibilities and modalities for exchange, as well as an indication of the number of resorts available and the number of members in the exchange system, including any limitations on the availability of particular accommodation selected by the consumer, for example as the result of peak periods of demand and/or the potential need to book a long time in advance, and indications of any restrictions of the timeshare rights deposited into the exchange system by the consumer, including, where appropriate, limitations based on the number of points allotted to or held by the consumer and a set of examples of concrete exchange possibilities;

Text proposed by the Commission

Amendment

V. Information on the right of withdrawal and termination of the contract

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

(i) information on the automatic termination of the exchange contract in the event the consumer’s withdrawing from the main contract during the withdrawal period;

Text proposed by the Commission

Amendment

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

deleted

Text proposed by the Commission

Amendment

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

Text proposed by the Commission

Amendment

VI. Additional information

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

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

(l) the existence, content, control and enforcement of codes of conduct;

(l) whether or not the trader is a signatory to a code of conduct and where to find it;

Text proposed by the Commission

Amendment

(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 basis, timeshare has evolved and new holiday products similar to it have appeared on the market. These new holiday products and certain transactions related to timeshare, such as resale and exchange, are not covered by Directive 94/47/EC. In addition, experience with the application of Directive 94/47/EC has shown that some points already covered need to be updated or clarified.

(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 basis, timeshare has evolved and new holiday products similar to it or purporting to be similar to it and often designed to circumvent the provisions of that Directive have appeared on the market. These new holiday products and certain transactions related to timeshare, such as resale and exchange, are not covered by Directive 94/47/EC. In addition, experience with the application of Directive 94/47/EC has shown that some points already covered need to be updated or clarified in order also to prevent the development of new holiday products calculated to evade this legislation.

Text proposed by the Commission

Amendment

(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.

(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. In some respects, it has proved necessary to introduce full harmonisation.

Text proposed by the Commission

Amendment

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

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

Text proposed by the Commission

Amendment

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

(5) The types of products covered by this Directive should be clearly defined in such a way as preclude circumvention of its provisions and the provisions concerning pre-contractual information, the contract and the withdrawal period should be clarified and updated.

Text proposed by the Commission

Amendment

(5a) Given the particular difficulties posed by certain long-term holiday products, what is covered by this expression needs to be tightly defined and specific rules designed to avoid abuse need to be laid down.

Text proposed by the Commission

Amendment

(5b) 'Long-term holiday products' within the meaning of this Directive are to be distinguished from timeshare and package holidays and discount cheques, and loyalty and fidelity programmes where the discount cheques or points awarded are part of the quid pro quo for buying accommodation or air travel and do not constitute products in themselves; in considering whether a given scheme constitutes a long-term holiday product within the meaning of this Directive, regard may be had in particular to the inchoate nature of the discounts or other benefits allegedly provided, the fact that they are acquired directly against payment or in exchange for points not collected on the basis of nights spent in accommodation against payment or miles travelled, and the fact that the entity which provides or arranges for the provision of the discounts or benefits is often separate from the entity which sells the long-term holiday product.

Text proposed by the Commission

Amendment

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

(8) The prohibition on advance payments to the trader or any third party should be clarified in order to improve the protection afforded to the consumer. In the case of resale, the prohibition of any payment should apply until the actual sale has taken place or the resale contract has been terminated.

Text proposed by the Commission

Amendment

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

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

Text proposed by the Commission

Amendment

(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.

(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 third country is the law applicable to the contract and the real property is located in a Member State of the European Union. To this end, the provisions of this Directive relating to the withdrawal period and information requirements should be regarded as being provisions that cannot be derogated from by contract within the meaning of Regulation (EC) No ..../2008 of the European Parliament and of the Council of ... on the law applicable to contractual obligations (Rome I)¹.

____________________

¹ OJ L XX, xx/xx/xx, p. x.

Text proposed by the Commission

Amendment

(12a) The law applicable to contracts relating to timeshare or long-term holiday products should be determined in accordance with Article 6 of Regulation (EC) No .../2008 (Rome I). The courts having jurisdiction to entertain proceedings arising out of timeshare or long-term holiday products, including any relationships collateral or ancillary thereto, should be determined in accordance with Section 4, Consumer Contracts, of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters¹ except where the dispute relates to the existence, nature or extent of a right in rem.

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¹ OJ L 12, 16.1.2001, p. 1. Regulation as last amended by Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

Text proposed by the Commission

Amendment

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

(14) Member States should ensure that consumers are effectively informed of the national provisions transposing this Directive and warned about possible malpractice and high-pressure selling techniques, particularly in the sector of long-term holiday products. They should draw attention to the existence of codes of conduct and to the significance of membership of an approved industry organisation. Traders should be encouraged to publicise and provide information about their codes of conduct. The Commission should assist and encourage trans-border information campaigns, in particular through its website.

Text proposed by the Commission

Amendment

Section 1: Common provisions

Text proposed by the Commission

Amendment

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

This Directive is without prejudice either to national legislation providing for general contract law remedies or to national rules on the sale and registration of moveable and immoveable property, on conditions of establishment and authorisation, and on the determination of the legal nature of the rights to which contracts falling within the scope of this regulation relate.

Text proposed by the Commission

Amendment

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

deleted

(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.

Text proposed by the Commission

Amendment

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

(a) ’timeshare’ means a contract of a duration of more than one year by which a consumer acquires against payment a recurrent right to use one or more accommodations with or without other facilities;

Text proposed by the Commission

Amendment

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

(b) ’long-term holiday product’ means a contract of a duration of more than one year, howsoever described or named, by which a consumer acquires against payment primarily the right to obtain, through a reservation scheme or otherwise, discounts or other benefits on accommodations with or without facilities, in isolation or together with travel or other services; the expression 'long-term holiday products' does not include timeshare, travel package holidays and discount cheques and loyalty and fidelity programmes used to promote sales and encourage customer loyalty which do not in themselves constitute a product;

Text proposed by the Commission

Amendment

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

(c) ’resale’ means a contract by which a trader acts against payment as an intermediary for a consumer in selling or buying a timeshare or long-term holiday product;

Text proposed by the Commission

Amendment

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

(d) ’exchange’ means an ancillary contract by which a consumer for money or money’s worth joins a scheme which allows him to have the benefit of accommodation with or without other facilities in exchange for his granting temporary access to the benefits of his timeshare to a third party;

Text proposed by the Commission

Amendment

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

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

Text proposed by the Commission

Amendment

(g) 'ancillary contract' means any contract which is subordinated to another contract.

(g) 'ancillary contract' means any contract which, in terms of its content or purpose, is dependent upon the existence of a contract for a timeshare or long-term holiday product.

Text proposed by the Commission

Amendment

Precontractual information and advertising

Advertising

1. Member States shall ensure that any advertising indicates the possibility of obtaining the written information referred to in paragraph 2 and where it can be obtained.

1. Member States shall ensure that any advertising contains a prominent indication that the information referred to in Article 3a has to be provided before the contract is concluded and that it will form part of the contract. The advertising shall also indicate where that information may be consulted.

2. The trader shall provide a consumer requesting information with written information which, in addition to a general description of the product, shall provide at least brief and accurate information on the following items, where applicable:

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

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

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

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

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.

2. The information referred to in Article 3a(1) shall be provided to the consumer at any venue to which he is invited in order to be offered a timeshare or at which a long-term holiday product is to be promoted or offered.

4. The information referred to in paragraph 2 shall be drawn up in one of the official languages of the Community, as chosen by the consumer.

Text proposed by the Commission

Amendment

Article 3a

Pre-contractual information

1. Before the consumer can accept any offer or be bound by any contract, the trader shall provide him with clear, comprehensible, accurate and sufficient information on the following items:

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

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

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

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

The trader shall provide the information in writing and free of charge.

2. The information referred to in paragraph 1 shall be drawn up, at the consumer’s election, either in a language of the consumer’s country of residence or in a language of the country of which the consumer is a national provided that that language is an official language of the Community.

3. The consumer shall signify that he has read and understood the information referred to in paragraph 1 by appending his signature or by electronic means.

Text proposed by the Commission

Amendment

1. Member States shall ensure that the contract is in writing and drawn up in one of the official languages of the Community, as chosen by the consumer.

1. Member States at least shall ensure that the contract is in writing and drawn up, at the consumer’s election, either in a language of the consumer’s country of residence or in a language of the country of which the consumer is a national provided that that language is an official language of the Community.

Where that language is not the authentic language of the contract, the version made available to the consumer shall be a certified translation. In such case, the consumer shall also be provided with the contract in the authentic language.

1a. The consumer shall be entitled to waive the rights stipulated in the first subparagraph of paragraph 1 and choose another language, provided that it is one of the official languages of the Community. Such waiver shall be effected in writing.

2. The written information referred to in Article 3(2) shall form an integral part of the contract and shall not be altered unless the parties expressly agree otherwise or the changes result from circumstances beyond the trader’s control.

2. The information referred to in Article 3a(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 circumstances beyond the trader’s control.

Changes resulting from circumstances beyond the trader’s control shall be communicated to the consumer before the contract is concluded.

Changes resulting from circumstances beyond the trader’s control shall be communicated to the consumer in writing before the contract is concluded.

The contract shall expressly mention any such changes.

The contract shall expressly mention any such changes.

2a. In addition to the information referred to in Article 3a(1), the contract shall mention:

(a) the identity and the place of residence of the parties;

(b) the date when and the place where the contract was concluded,

and shall be signed by both parties.

3. Before the signing 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.

3. Before the conclusion of the contract, the trader shall 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 corresponding contractual clauses and the information referred to in Article 3a(1) shall be signed separately by the consumer.

The contract shall be accompanied by a detachable form, as set out in Annex VI, designed to facilitate the exercise of the right of withdrawal in accordance with Article 6.

3a. The consumer shall receive a copy of the contract at the time when it is concluded.

3b. Where a timeshare contract is to be financed by a loan of which the trader has been informed, the contract for the timeshare shall be deemed to have been concluded subject to the condition that the loan is granted before the end of the withdrawal period referred to in Article 5(1).

Text proposed by the Commission

Amendment

1. Member States shall ensure that, after entering into a contract, the consumer has the right to withdraw, without giving any reason, within fourteen days of both parties' signing the contract or of both parties' signing a binding preliminary contract. If the fourteenth day is a public holiday, the period shall be extended to the first working day thereafter.

1. Member States shall ensure that, after entering into a contract, the consumer has the right to withdraw, without giving any reason, within fourteen days of both parties' signing the contract or of both parties' signing a binding preliminary contract. If the fourteenth day is a public holiday, the period shall be extended to the first working day thereafter.

2. If the contract does not include all the information referred to in points (a) to (p) 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.

2. If the contract does not include all the information referred to in points (a) to (o) of Annex I, Annex II, points (a) to (i) of Annex III, points (a) to (g) of Annex IV or points (a) to (k) of Annex V, but the information is provided in writing within three months after the day of conclusion of the contract, the withdrawal period shall start from the day the consumer receives that information.

3. If the information referred to in points (a) to (p) of Annex I and (a) and (b) of Annex II has not been provided in writing within three months after the signing of the contract, the right of withdrawal shall expire after three months and fourteen days from the signing of the contract.

3. If the information referred to in points (a) to (o) of Annex I, Annex II, points (a) to (i) of Annex III, points (a) to (g) of Annex IV or points (a) to (k) of Annex V, has not been provided in writing within three months after the day of conclusion of the contract, the right of withdrawal shall expire after three months and fourteen calendar days from the day of conclusion of the contract.

4. If the consumer intends to exercise the right of withdrawal he shall, before the expiry of the deadline, notify the person whose name and address appear in the contract for that purpose pursuant to point (p) of Annex I. The deadline shall be deemed to have been observed if the notification, if it is in writing, is dispatched before the deadline expires.

4. If the consumer intends to exercise the right of withdrawal he shall, before the expiry of the deadline, notify the person whose name and address appear in the contract and on the detachable form provided for that purpose by means which can be proven. The deadline shall be deemed to have been observed if the notification, if it is in writing, is dispatched before the deadline expires.

5. Where the consumer exercises the right of withdrawal, he is required to reimburse only those expenses which, in accordance with national law, are incurred as a result of the conclusion of and withdrawal from the contract for legal formalities which have to be completed before the deadline referred to in paragraph 1. Such expenses shall be expressly mentioned in the contract.

6. Where the consumer exercises the right of withdrawal provided for in paragraph 3, he shall not be required to make any reimbursement.

6. Where the consumer exercises the right of withdrawal, he shall not be required to make any reimbursement.

Text proposed by the Commission

Amendment

1. Member States shall ensure that any advance payment, provision of guarantees, reservation of money on a credit card, explicit acknowledgement of debt or any other consideration to the trader or to any third party by a consumer before the end of the period, during which he may exercise the right of withdrawal in accordance with Article 5 (1) to 5 (3), is prohibited.

1. Member States shall ensure that for timeshare and long-term holiday products 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 a consumer before the end of the period, during which he may exercise the right of withdrawal in accordance with Article 5 (1) to 5 (3), is prohibited.

2. Any payment, provision of guarantees, reservation of money on credit cards, acknowledgement of debt or any other consideration to the trader or to any third party by the consumer for resale before the actual sale has taken place or the resale contract otherwise is terminated, is prohibited.

2. Any advance payment, provision of guarantees, reservation of money on credit cards, acknowledgement of debt or any other consideration to the trader or to any third party by the consumer for resale before the actual sale has taken place or the resale contract otherwise is terminated, is prohibited.

Text proposed by the Commission

Amendment

Section 2: Provisions relating specifically to long-term holiday products

Text proposed by the Commission

Amendment

Article 6a

Payments made for long-term holiday products

Payments for long-term holiday products of between 18 months and 10 years' duration shall be payable in three equal instalments, with the second and third instalments falling due after the expiry of one-third and two-thirds, respectively, of the duration of the contract.

Payments for long-term holiday products of more than 10 years' duration shall be payable in five equal instalments, with the second, third, fourth and fifth instalments falling due after the expiry of one-fifth, two-fifths, three-fifths and four-fifths, respectively, of the duration of the contract.

Text proposed by the Commission

Amendment

Article 6b

Without prejudice to the right of withdrawal provided for in Article 5, the consumer may unilaterally rescind a contract for a long-term holiday product, without incurring any penalty, on giving fourteen days' notice terminating at the end of any instalment period within the meaning of Article 6a.

This right shall be without prejudice to any right of termination arising under the applicable law.

Text proposed by the Commission

Amendment

Article 6c

Providers of long-term holiday products shall take out civil liability insurance to cover themselves against claims from consumers arising out of non-performance or defective performance of their contractual obligations and default.

Text proposed by the Commission

Amendment

Section 3: Termination of ancillary contracts and other general provisions

Text proposed by the Commission

Amendment

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

Member States shall ensure that, if the law applicable to the contract is the law of a Member State, the consumer may not waive the rights conferred on him by this Directive, unless otherwise specified in this Directive.

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

Text proposed by the Commission

Amendment

Article 8a

Applicable law and jurisdiction

1. The law applicable to contracts relating to timeshare or long-term holiday products shall be determined in accordance with Article 6 of Regulation (EC) No ..../2008 (Rome I).

2. The courts having jurisdiction to entertain proceedings arising out of timeshare or long-term holiday products, including any relationships collateral or ancillary thereto, shall be determined in accordance with Section 4, Consumer Contracts, of Regulation (EC) No 44/2001, except where the dispute relates to the existence, nature or extent of a right in rem.

Text proposed by the Commission

Amendment

Article 8b

Overriding mandatory provisions

The provisions of this Directive relating to the withdrawal period and information requirements shall be regarded as being provisions that cannot be derogated from by contract within the meaning of Regulation (EC) No ..../2008 (Rome I).

Text proposed by the Commission

Amendment

Information referred to in Article 3(2)

Information referred to in Article 3a(1)

I. INFORMATION ABOUT THE TRADER

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

(a) The identity and residence of the trader;

II. INFORMATION ABOUT THE RIGHTS ACQUIRED

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

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

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

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

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

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

(g) an accurate description of how all costs will be allocated to the consumers and how and when such costs may be increased; where relevant, information on whether there are any charges, mortgages, encumbrances or any other liens recorded against title to the accommodation;

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

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

(d) where the contract provides rights to occupy accommodation selected from a pool of accommodation, information on any restrictions on the consumer’s ability to occupy any accommodation at any time in the pool;

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

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

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

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

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

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

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

(p) the existence, content, control and enforcement of codes of conduct;

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

III. INFORMATION ABOUT THE PROPERTIES

(e) where the contract concerns a specific immovable property, an accurate description of that property and its location, together with, where appropriate, details and copies of any land registry, public register, cadastre or equivalent entry relating to the property; 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.

IV. INFORMATION ABOUT THE COSTS

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

(i) an indication of the amount to be paid by the consumer for the services (e.g. electricity, water, maintenance, refuse collection);

(j) where applicable, an indication of the amount to be paid by the consumer for the common facilities, such as swimming pool or sauna, to which the consumer has or may have access;

(k) an accurate description of how all costs associated with the timeshare contract will be calculated; how these costs will be allocated to the consumers and how and when such costs may be increased; the method used to calculate 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);

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

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

V. RIGHT OF WITHDRAWAL AND CANCELLATION OF THE CONTRACT

(n) information on the right to withdraw from the contract and the consequences of such withdrawal; where applicable, information on the arrangements for the termination of any credit agreement and the ancillary contract linked to the contract in the event of withdrawal from the contract and the consequences of such termination;

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

(p) the conditions for terminating the contract, the consequences of termination and information on any liability attaching to the consumer for any costs which might result from termination;

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

VI. ADDITIONAL INFORMATION

(r) information as to 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;

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

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

(u) where the trader is a signatory of codes of conduct, information on those codes;

(w) where applicable, information on the possibility of out-of-court dispute resolution.

Text proposed by the Commission

Amendment

Additional requirements for accommodation under construction, as referred to in Article 3

Additional requirements for accommodation under construction, as referred to in Article 3a

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

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

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

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

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

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

(d) 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.

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

Text proposed by the Commission

Amendment

Information referred to in Article 3(2)

Information referred to in Article 3a(1)

I. INFORMATION ABOUT THE TRADER

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

(a) The identity and residence of the trader and its legal status;

II. INFORMATION ABOUT THE RIGHTS ACQUIRED

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

(b) the exact nature and content of the right which is the subject of the contract and an accurate description of the rights conferred on the consumer under the contract, including any restrictions on the consumer’s ability to enjoy those rights (e.g. limited availability or offers provided on a first come, first served basis, or time limits on a particular discount);

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

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

III. INFORMATION ABOUT THE COSTS

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

(d) the price to be paid by the consumer, including any recurring costs;

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

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

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

IV. RIGHT OF WITHDRAWAL AND CANCELLATION OF THE CONTRACT

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

(f) information on the right to withdraw from the contract and the consequences of such withdrawal; where applicable, information on the arrangements for the termination of any credit agreement and the ancillary contract linked to the contract in the event of withdrawal from the contract and the consequences of such termination;

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

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

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

(h) the conditions for terminating the contract, the consequences of termination, and information on any liability attaching to the consumer for any costs which might result from termination;

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

V. ADDITIONAL INFORMATION

(j) an 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;

(j) the existence, content, control and enforcement of codes of conduct;

(k) where the trader is a signatory of codes of conduct, information on those codes;

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

(l) where applicable, information on the possibility of out-of-court dispute resolution.

Text proposed by the Commission

Amendment

Information referred to in Article 3(2)

Information referred to in Article 3a(1)

I. INFORMATION ABOUT THE TRADER

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

(a) The identity and residence of the trader and its legal status;

II. INFORMATION ABOUT THE SERVICES PROVIDED

(b) an accurate description of the services to be provided under the contract (e.g. marketing);

III. INFORMATION ABOUT THE COSTS

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

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

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

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

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

IV. RIGHT OF WITHDRAWAL AND CANCELLATION OF THE CONTRACT

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

(e) information on the right to withdraw from the resale contract and the consequences of such withdrawal;

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

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

(f) particulars indicating to whom and how the withdrawal notification is to be sent;

(g) the conditions for terminating the contract, the consequences of termination, and information on any liability attaching to the consumer for any costs which might result from termination;

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

V. ADDITIONAL INFORMATION

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

(h) the existence, content, control and enforcement of codes of conduct;

(j) where the trader is a signatory of codes of conduct, information about those codes;

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

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

Text proposed by the Commission

Amendment

Information referred to in Article 3(2)

Information referred to in Article 3a(1)

I. INFORMATION ABOUT THE TRADER

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

(a) The identity and residence of the trader and its legal status;

II. INFORMATION ABOUT THE RIGHTS ACQUIRED

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

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

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

(c) an explanation of the way in which the exchange system works and the possibilities and modalities for exchange, as well as an indication of the number of resorts available and the number of members in the exchange system, including any limitations on the availability of particular accommodation selected by the consumer, for example as the result of peak periods of demand and/or the potential need to book a long time in advance, and indications of any restrictions of the timeshare rights deposited into the exchange system by the consumer, including, where appropriate, limitations based on the number of points allotted to or held by the consumer and a set of examples of concrete exchange possibilities;

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

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

III. INFORMATION ABOUT THE PROPERTIES

(e) 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;

IV. INFORMATION ABOUT THE COSTS

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

(f) the price to be paid by the consumer for membership of the exchange system and any renewal fees and the current price to be paid per exchange;

(g) 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 will be liable in respect of the exchange;

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

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

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

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

V. RIGHT OF WITHDRAWAL AND CANCELLATION OF THE CONTRACT

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

(i) information on the right to withdraw from the contract and the consequences of such withdrawal; where applicable, information on the arrangements for the termination of any credit agreement and the ancillary contract linked to the contract in the event of withdrawal from the contract and the consequences of such termination;

(j) particulars indicating to whom and how the withdrawal notification is to be sent;

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

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

VI. ADDITIONAL INFORMATION

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

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

(l) the existence, content, control and enforcement of codes of conduct;

(m) where the trader is a signatory of codes of conduct, information about those codes;

(m) the possibility for out-of-court dispute resolution

(n) where applicable, information on the possibility of out-of-court dispute resolution.

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

Having regard to the Treaty establishing the European Community, and in particular Articles 95 and 153 thereof,

(3a) Stressing the importance of this sector for European tourism and recalling that in its Resolutions of 8 September 2005 on new prospects and new challenges for sustainable European tourism ¹ and 29 November 2007 on a renewed EU Tourism Policy² the European Parliament had already referred to the need to review Directive 94/47/EC.

___________________

¹ OJ C 193 E, 17.8.2006, p. 325.

² Texts adopted, P6_TA(2007)0575.

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

(4) This Directive should be without prejudice to national rules relating to registration of immovable or movable property, conditions of establishment or authorisation regimes or licensing requirements, determination of the legal nature of the rights which are the subject of the contracts covered by this Directive, save where such national rules are less stringent than those laid down in this Directive, as regards consumer protection, and without prejudice to the objectives arising from the Treaty.

(16a) In accordance with point 34 of the Interinstitutional Agreement on better law-making¹, Member States are encouraged to draw up, for themselves and in the interests of the Community, their own tables illustrating, as far as possible, the correlation between this Directive and the transposition measures, and to make them public.

_________

OJ C 321, 31.12.2003, p.1.

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

2. Member States may continue to apply national provisions in the field approximated by this Directive which are more stringent to ensure a higher level of consumer protection, including those which relate to:

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

(a) ’timeshare’ means a contract of a duration of more than one year by which a consumer acquires against consideration the right to use one or more accommodation for more than one period of occupation. Those rights of usage shall include, in particular, implied contractual rights relating to holiday cards and clubs, tourist cards and other similar arrangements;

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

(c) ’resale’ means a contract by which a trader against consideration assists a consumer in the sale or purchase of a timeshare or long-term holiday product;

(fa) 'durable medium' means any instrument that enables consumers to store information addressed to them personally, allowing easy access for future reference for a period of time adequate for the purposes of the information in question, and the unaltered reproduction of the information stored;

(g) 'ancillary contract' means any contract which is subordinated to another contract.

(g) 'ancillary contract' means any contract which is complementary to another contract.

1. Member States shall ensure that any advertising indicates the possibility of obtaining the written information referred to in paragraph 2 and where it can be obtained.

1. Member States shall ensure that any advertising indicates the possibility of obtaining, on paper or in another durable medium, the written information referred to in paragraph 2 and where it can be obtained.

2. The trader shall provide a consumer requesting information with written information which, in addition to a general description of the product, shall provide at least brief and accurate information on the following items, where applicable:

2. The trader shall provide a consumer requesting information with written information which, in addition to a general description of the product, shall provide, on paper or in another durable medium, at least brief and accurate information on the following items:

1. Member States shall ensure that the contract is in writing and drawn up in one of the official languages of the Community, as chosen by the consumer.

1. Member States shall ensure that the contract is in writing, on paper or in another durable medium, and is drawn up in the language or languages of the Member State in which the consumer is resident or of which he is a national. That language or those languages must, in any event, be an official language or official languages of the Community, as chosen by the consumer. The Member State in which the consumer is resident may, however, ask for the information referred to in paragraph 2 to be prepared, at least, in the language or one of the languages of the consumer, which must be an official language or official languages of the Community, and for the trader to supply the consumer with an officially recognised translation of that information into the language or one of the languages of the Member State in which the movable or immovable property is located, which must be an official language or official languages of the Community.

2. The written information referred to in Article 3(2) shall form an integral part of the contract and shall not be altered unless the parties expressly agree otherwise or the changes result from circumstances beyond the trader’s control.

2. The written information, on paper or in another durable medium, referred to in Article 3(2) shall form an integral part of the contract, and its transmission to the consumer must be effected in a suitable, objective and clear fashion, using characters large enough to permit ease of reading. The written information shall not be altered, except where the changes result from circumstances that are unforeseen, unexpected and outside the trader's control and give rise to consequences that the trader could not have avoided even if he or she had made every possible effort to do so.

Changes resulting from circumstances beyond the trader’s control shall be communicated to the consumer before the contract is concluded.

Such changes shall be communicated to the consumer in writing, on paper or in another durable medium, before the contract is concluded.

3a. The consumer shall in all cases receive a copy of the contract, on paper or in another durable medium.

1. Member States shall ensure that, after entering into a contract, the consumer has the right to withdraw, without giving any reason, within fourteen days of both parties' signing the contract or of both parties' signing a binding preliminary contract. If the fourteenth day is a public holiday, the period shall be extended to the first working day thereafter.

1. Member States shall ensure that, after entering into a contract, the consumer has the right to withdraw, without giving any reason, within a period of twenty-one continuous days of both parties signing the final contract. If the twenty-first day is a public holiday, the period shall be extended to the first working day thereafter.

2. If the contract does not include all the information referred to in points (a) to (p) 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.

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, on paper or in another durable medium, within three months after the signing of the contract, the withdrawal period shall start from the day the consumer receives that information. Should that information not be provided within the deadline provided in this paragraph, the contract shall be null and void.

3. If the information referred to in points (a) to (p) of Annex I and (a) and (b) of Annex II has not been provided in writing within three months after the signing of the contract, the right of withdrawal shall expire after three months and fourteen days from the signing of the contract.

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5. Where the consumer exercises the right of withdrawal, he is required to reimburse only those expenses which, in accordance with national law, are incurred as a result of the conclusion of and withdrawal from the contract for legal formalities which have to be completed before the deadline referred to in paragraph 1. Such expenses shall be expressly mentioned in the contract.

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6. Where the consumer exercises the right of withdrawal provided for in paragraph 3, he shall not be required to make any reimbursement.

6. Where the consumer exercises the right of withdrawal, he shall not be required to make any reimbursement.

1. Member States shall ensure that any advance payment, provision of guarantees, reservation of money on a credit card, explicit acknowledgement of debt or any other consideration to the trader or to any third party by a consumer before the end of the period, during which he may exercise the right of withdrawal in accordance with Article 5 (1) to 5 (3), is prohibited.

1. Member States shall ensure that any advance payment, provision of guarantees, reservation of money in a bank account or by credit or debit card, explicit acknowledgement of debt or any other consideration to the trader or to any third party by a consumer before the end of the period, during which he may exercise the right of withdrawal in accordance with Article 5 (1) to 5 (3), is prohibited.

2. Any payment, provision of guarantees, reservation of money on credit cards, acknowledgement of debt or any other consideration to the trader or to any third party by the consumer for resale before the actual sale has taken place or the resale contract otherwise is terminated, is prohibited.

2. Any payment, provision of guarantees, reservation of money in bank accounts or by credit or debit card, acknowledgement of debt or any other consideration to the trader or to any third party by the consumer for resale before the actual sale has taken place or the resale contract otherwise is terminated, is prohibited.

1. Member States shall ensure that, if the consumer exercises his right to withdraw from the contract for timeshare or long-term holiday product, any ancillary contracts, including exchange, are automatically terminated, without any penalty.

1. Member States shall ensure that, if the consumer exercises his right to withdraw from the contract for timeshare or long-term holiday product, any ancillary contracts, including exchange, are automatically rescinded at no cost to the consumer.

2. If the price is fully or partly covered by a credit granted to the consumer by the trader, or by a third party on the basis of an agreement between the third party and the trader, the credit agreement shall be terminated, without any penalty, if the consumer exercises his right to withdraw from the main contract, as provided for in Article 5.

2. If the price is fully or partly covered by a credit granted to the consumer by the trader, or by a third party on the basis of an agreement between the third party and the trader, the credit agreement shall be rescinded at no cost to the consumer, if the consumer exercises his right to withdraw from the main contract.

(a) public bodies or their representatives;

(a) public authorities or bodies or their representatives;

2a. Member States shall ensure the availability of full information on and access to the legal mechanisms which may be used by the consumer and the trader under Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters¹, with reference to the out-of-court settlement of consumer disputes and legal actions of a judicial and administrative nature.

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⁽¹⁾ OJ L 12, 16.1.2001, p. 1. Regulation as last amended by Council Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p.1).

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

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

(ca) where the contract provides for the right to occupy one of several properties in a group of properties, information on the restrictions on occupation of that property or, where a points system is in force, information on the need to obtain more points in order to qualify for occupation of the property concerned;

(cb) information provided by the trader shall include details of any restrictions on the use of the property, planning restrictions together with full details of all planning or building consents or permissions relative to the property.

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

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

(g) an accurate description of how all costs will be allocated to the consumers and how and when such costs may be increased; where relevant, information on whether there are any charges, mortgages, encumbrances or any other liens recorded against title to the accommodation;

(g) an accurate description of how all costs will be allocated to the consumers and how and when such costs may be increased; where relevant, information on whether there are any charges, mortgages, encumbrances or any other liens recorded against title to the accommodation and other rights arising from the contract;

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

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

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

(i) the price to be paid by the consumer, an estimate of the amount to be paid by the consumer for the use of common facilities and services; the 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);

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

(k) whether or not it is possible to join a scheme for the exchange or resale of the contractual rights, information about the relevant schemes and an indication of costs related to resale and exchange through these schemes. The compulsory nature of the information referred to in this Annex shall apply with the necessary adaptations to the rights of exchange or resale;

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

(m) information on the right to withdraw from the contract and the consequences of withdrawing from the contract in the event that the consumer should exercise that right; where appropriate, information on the arrangements for the termination of the credit agreement and the ancillary contract linked to the contract in the event of withdrawal from the contract pursuant to Article 5; information about the consequences of such withdrawal;

(p) the existence, content, control and enforcement of codes of conduct;

(p) information on the possible application of codes of conduct to the trader and on how to obtain access thereto;

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

(q) information on the law applicable to the contract and, where relevant, the possibility for out-of-court dispute resolution.

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

(b) a reasonable estimate of the deadline for completion of the accommodation and the services rendering it fully operational (gas, electricity, water and telephone connections) and details of the applicable penalties applying in the event that such a reasonably estimated deadline should not be met;

(ba) a clause stating that the consumer shall not be required to meet any additional expenses and shall not be subject to obligations other than those specified in the contract;

(d) 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.

(d) a guarantee regarding completion of the accommodation and the standard of that completion 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.

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

(b) the exact nature and content of the right which is the subject of the contract, including an exact description of the rights conferred on the consumer by the contract and any restrictions applying or limited offers or time-limits in the case of specific discounts;

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

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

(ia) the conditions and effects of rescinding the contract and information on the consumer's liability as regards the costs arising from such rescission;

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

(e) information on the right to withdraw from the contract pursuant to Article 5;

(ea) the conditions and effects of rescinding the contract and information on the consumer's liability as regards the costs arising from such rescission;

(h) the existence, content, control and enforcement of codes of conduct;

(h) information on the possible application of codes of conduct to the trader and on how to obtain access thereto;

(i) the possibility for out-of-court dispute resolution

(i) information on the law applicable to the contract and, where relevant, the possibility for out-of-court dispute resolution.

(ia) a clause stating that transmission shall be carried out free of any fees or charges.

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

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

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

(e) the price to be paid by the consumer, an estimate of the amount to be paid by the consumer for the use of common facilities and services; the 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);

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

(i) information on the right to withdraw from the contract and the consequences of withdrawing from the contract in the event that the consumer exercises his right to withdraw; where appropriate, information on the arrangements for the termination of the credit agreement and the ancillary contract linked to the contract in the event of withdrawal from the contract pursuant to Article 5; information about the consequences of such withdrawal;

(ia) a clause stating that transmission shall be carried out free of any fees or charges.

(l) the existence, content, control and enforcement of codes of conduct;

(l) information on the possible application of codes of conduct to the trader and on how to obtain access thereto;

(m) the possibility for out-of-court dispute resolution

(m) information on the law applicable to the contract, and, where relevant, the possibility for out-of-court dispute resolution