No. Cion prop. : 10686/07 CONSOM 82 JUSTCIV 168 CODEC 657€¦ · in respect of certain aspects of...

PUBLIC

Conseil UE

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COUNCIL OF

THE EUROPEAN UNION

Brussels, 11 June 2008

Interinstitutional File:

2007/0113 (COD)

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CONSOM 70

JUSTCIV 122

CODEC 759

NOTE

from: General Secretariat of the Council

to: Working Party on Consumer Protection and Information

No. Cion prop. : 10686/07 CONSOM 82 JUSTCIV 168 CODEC 657

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

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

holiday products, resale and exchange

- Presidency proposals

Delegations will find attached the Presidency proposals concerning the above mentioned document

to be discussed at the Consumer Protection and Information Working Party meeting of

13 June 2008.

The additions with respect to the Commission's proposal are marked in bold, whilst deletions are

marked with strikethrough. Additions made by the Presidency with respect to previous document

discussed at the working party meeting on 6 June 2008 (9286/2/08 REV 2) are marked in bold and

deletions with bold.

__________________________

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Draft 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

I. INTRODUCTION

Seven meeting of the Working Party on Consumer Protection and Information were organised

during the Portuguese Presidency and an exchange of views on a progress report was held by the

(Competitiveness) Council on 22 November 20071.

Under the Slovenian Presidency, the Working Party continued its work on the proposal during eight

meetings, notably on the basis of compromise proposals by the Presidency.

The European Parliament IMCO Committee voted on 19 May 2008 its draft first reading opinion,

adopting 114 amendments to the Commission's proposal2.

On the basis of the result of the IMCO Committee vote four technical meetings between the

Presidency, EP representatives and the Commission have taken place with a view to a possible first

reading agreement. The first informal trialogue was organised on 28 May 2008 with the view to

identify open issues.

The European Parliament clearly informed of its intention to vote on the first reading opinion at the

plenary session of 7-10 July 2008.

Taking into account all discussions that were held until now, the present document represents an

attempt by the Presidency to seek solutions on different issues, the resolution of which may advance

the discussion in the Council as well as between the Council and the European Parliament in view

of a first reading agreement on this file.

The Presidency proposes to focus the discussion at the Working Party meeting on 13 June 2008 on

the issues outlined below. The result should then be submitted to Coreper on 18 June 2008 to

evaluate the feasibility for further discussion with the European Parliament.

1 Doc. 15277/07

2 The final IMCO report A6-0195/2008 available on 10 June 2008.

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II. MAIN OUTSTANDING ISSUES

1. Definition of the "ancillary contract"

The EP proposes a definition, which makes clear that ancillary contracts may be also those

that are concluded with any third party (no specific need for agreement between trader and the

third party) as long as the existence is dependent on timeshare or long-term holiday product.

The Presidency submits this proposal for consideration by the Working Party.

2. The timeshare or long-term holiday product contract subject to the confirmation of the

credit - Article 4(5)

To meet the concern of several delegations and to reflect the discussion at previous Working

Party meeting where a need for the clarity has been stressed, the Presidency proposes the

alternative wording for Article 4(5).

3. Right of withdrawal - Article 5

Several solutions on the drafting have already been proposed by the Presidency, but none was

supported by majority of Member States. Following the discussion at the last WP meeting on

6 June 2008 and the technical meeting with the EP on 9 June 2008, the Presidency puts

forward three options for discussion.

Option A (supported by the EP) does not set any expiry date for the provision of the

information and related starting date for the right of withdrawal. This option builds on the

solution agreed in the Consumer Credit Directive.

Option B would provide a 1 year period for the provision of the information about the right of

withdrawal (in case this was not provided) and 3 months for the other information. The right

of withdrawal would expire 14 days after the period of 1 year or 3 months respectively.

Option C would provide a 1 year period for the provision of the information about the right of

withdrawal (in case this was not provided). The right of withdrawal would expire after 1 year.

Concerning the other information, there would be more targeted approach whereby the

consumer would not be bound by the contract if essential information was not given; essential

information referring to information which is likely to affect the consumer's decision to

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conclude the contract (to be assessed by the courts). The information to be provided in the

standard information form would be deemed essential per se.

4. Pre-contractual and contractual information - content of the Annexes

The content of the Annexes has been discussed during the Portuguese Presidency and the

result of that discussion is reflected in document 8195/08. The EP in its amendments 60-114

accepted the restructuring of annexes and adding of additional sub-headings. At the technical

level, the Presidency was informed that the EP was willing to accept the integration of Annex

II concerning the accommodation under construction into Annex I.

The comparative table showing the differences between the text of the Working Party as

mentioned above and EP amendments is attached to this note as an ANNEX III. In case of

differences, possible compromises are proposed by the Presidency.

5. Provision of pre-contractual information ("standard form")

The question how to provide the pre-contractual information to the consumer is related to the

previous point 4, where the question on what should be provided is dealt with. In previous

discussions the Presidency argued for provision of "essential" information in the standard

form, which would be given to the consumer in addition to all information as required in

Article 3a and outlined in different Annexes. This approach was shared by the Commission.

The alternative proposal, supported by a number of delegations, is to use the standard form as

the only means for providing information and that this form includes all information as

currently outlined in the annexes.

At the technical meeting with the EP, it was confirmed that the EP would not support the

second alternative in view of its amendment 41, in which it proposes the introduction of the

standard form containing information listed in that amendment, which should facilitate the

understanding for the consumer. Taking into account the positions of Member States, the

Commission and the EP, the Presidency considers the first alternative as the better option.

Therefore, and in the view of a possible agreement with the EP on this issue, the Presidency

proposes the following:

- accept in principle EP amendment 41 and introduce the list of information proposed in

that amendment as a new paragraph 1a in Article 3a of the latest working party text,

- include the standard information form in the Annex of the draft directive.

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The proposed wording is outlined in the ANNEX I and ANNEX II (standard form).

6. Consumer information and out-of-court redress - Articles 9 and 10

The EP adopted five amendments (Am 53 - 57) on these articles. Taking into account the EP

position and the previous discussion in the working party, the Presidency puts forward a

proposal, which may meet the EP concern. This would consist of the following elements:

- partly accepting amendment 53 on Article 9 (1) and 9(2);

- accepting amendment 54 on Article 9(2) (a), which was already discussed and agreed;

- partly accepting amendment 55 on Article 10 (1). The proposed wording is close to the

wording used in Article 37 of the Services Directive.

- accepting the first part of amendment 57 on the availability of information concerning

the Brussels I Regulation.

________________________

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ANNEX I

Article 2

Definitions

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

…

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

on a timeshare contract or long-term holiday product contract by which the a consumer

acquires services related to a timeshare contract or long-term holiday product those

contracts and these services are provided by the trader or a third party on the basis on

an agreement between that third party and the trader;

…

Article 3a

Pre-contractual information

21. In good time before the consumer is bound by any contract or offer, Tthe trader shall

provide a the consumer, in a clear and comprehensible manner, requesting information

with written information which, in addition to a general description of the product, shall

provide at least brief and accurate and sufficient information on the following items, where

applicable as follows:

(i) 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;

(ii) in the case of a long-term holiday product contract, the information set out in

Annex III;

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

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

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1a. In addition to the information provided according to paragraph 1, the trader shall also

provide the consumer with a summary of the essential characteristics of the contract as

set out in the relevant standard information form in Annex VII completed standard

information form as set out in the Annex … containing in a brief and clear manner 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;

2. The information referred to in paragraph 1 shall be provided by the trader on paper or

another durable medium easily accessible to the consumer and it shall be free of charge.

3. In case of resale the trader's obligation to provide the information under paragraph 2 applies

towards the consumer who may enter into the resale contract.

43. Member States shall ensure that the information referred to in paragraph 21 shall be drawn

up in one of the official languages of the Community, as chosen by the consumer the

language or one of the languages of the Member State in which the consumer is resident

or in the language or one of the languages of the Member State of which he is national

provided it is an official language of the Community, at the consumer's option.

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Article 4

The contract

…

5. Before the conclusion of the timeshare contract or long-term holiday product contract,

the trader shall inquire whether the consumer intends to finance the timeshare contract

or long-term holiday product contract through a credit. Where financed by through a

credit of which a trader has been informed, the timeshare contract or long-term holiday

product contract shall include a clause stating that the contract is concluded only when

if this credit is granted before the end of a period of time agreed upon by the parties to

the contract, which shall start on the day when the consumer has signed the contract

and shall not be longer than three months.

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Article 5

Right of withdrawal

1. Member States shall ensure that, after entering into a contract, the consumer has the right a

period of fourteen calendar days to withdraw from the contract without giving any reason.

within fourteen calendar 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.

The period of withdrawal shall begin:

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

or

(b) on from the day when the consumer receives the contract or any binding

preliminary contract if the day is later than the date referred to in point (a).

Option A:

2. In the case where the exchange contract is offered to the consumer together with and at

the same time of the timeshare contract, the period of withdrawal for both contracts

shall begin when the consumer has signed both contracts.

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

4. If the consumer intends to exercises the right of withdrawal he shall, before the expiry of the

deadline period of withdrawal, notify to the on paper or another durable medium to the

person whose name and address appear in the contract and for that purpose pursuant to point

(p) of Annex I trader his decision to withdraw by means which can be proven in

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accordance with national law. The consumer may use the standard withdrawal form as

set out in Annex VI of this Directive and provided by the trader in accordance with

Article 4(3). The deadline shall be deemed to have been observed met if the notification, if it

is in writing, on paper or on another durable medium, is dispatched sent before the

deadline withdrawal period has expired.

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. The exercise of the withdrawal right by the consumer terminates the obligation

of the parties to perform 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 neither bear any cost nor be liable for any

value corresponding to the service which may have been performed during the

withdrawal period.

7. This Article shall be without prejudice to any rule of national law establishning a period

of time during which the performance of the contract may not begin.

Option B:

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.

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2. If a completed standard the information form on the right of withdrawal as required by

Article 4 or a completed standard withdrawal form as required by Article 4(3) have not

been provided to the consumer, the period of withdrawal shall expire after one year and

fourteen calendar days.

3. If the information, other then the information on the right of withdrawal referred to in

Annex I, Annex III, IV or Annex V has not been provided in writing within three months

after the signing of the contract the day referred to in paragraph 1, the right of withdrawal

shall expire after three months and fourteen days from the signing of the contract the day

referred to in paragraph 1.

3a. If the information forms referred to in paragraphs 2 and 3 are is provided within the

one-year period or three months respectively, the period of withdrawal shall begin from

the day the consumer receives the such information forms.

4. In the case where the exchange contract is offered to the consumer together with and at


shall begin when the consumer has signed both contracts. The provisions in paragraphs

2 and 3 shall apply accordingly.

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. The exercise of the right of withdrawal by the consumer terminates the

obligation of the parties to perform 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 neither bear any cost nor be liable for any

value corresponding to the service which may have been performed during the period of

withdrawal.

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Option C:

2. If a completed standard information form as required by Article 3a(1) or a completed

standard withdrawal form as required by Article 4(3) have has not been provided to the

consumer, the withdrawal period shall expire after one year.

3. If the information forms referred to in paragraph 2 are is provided within the one-year

period, the withdrawal period shall begin from the day the consumer receives the

information forms.

4 In the case where the exchange contract is offered to the consumer together with and at


shall begin when the consumer has signed both contracts. The provisions in paragraphs

2 and 3 apply accordingly.

Articles 5a and 5b of document 9286/2/08 REV 2 remain unchanged.

A new paragraph 6 is inserted in Article 4 as follows:

6. In cases where the information referred to in Article 3a.1 has not been provided in

writing or on another durable medium, the consumer is deemed not to be bound by the

contract if the missing information is essential. Information is considered to be essential

if it is likely to affect the consumer's decision to conclude the contract. The information

referred to in Article 3a.1 second paragraph, the standard information form including

the essential characteristics of the contract, shall in all cases be considered essential.

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Article 9

Judicial and administrative redress

1. Member States shall ensure that adequate and effective means exist to ensure compliance by

the traders with this Directive in the interests of consumers.

2. The means referred to in paragraph 1 shall include provisions whereby one or more of the

following bodies, as determined by national law, may 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:

(a) public bodies and authorities or their representatives;

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

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

Article 10

Consumer information and out-of-court redress

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

transposing this Directive and shall encourage, where appropriate, traders and code owners

to inform consumers of their codes of conduct.

Member States may encourage the development of codes of conduct and ensure that

they are accessible at a distance, by electronic means.

Member States shall, in cooperation with the Commission, encourage the drawing up at

Community level, particularly by professional bodies, organisations and associations, of

codes of conduct aimed at facilitating the implementation of this Directive, in conformity

with Community law.

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2. Member States shall encourage the setting up or development, by national or European

branch organisations, of adequate and effective out-of-court complaints and redress

procedures for the settlement of consumer disputes under this Directive and shall encourage,

where appropriate, traders and their branch organisations to inform consumers of any

such out-of-court complaints and redress procedures.

2a. Member States shall ensure the availability of full information on the legal mechanisms

which may be used by the consumer and the trader under Council Regulation (EC) N°

44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of

judgments in civil and commercial matters.

______________________

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ANNEX II DG I LIMITE EN

ANNEX II

INFORMATION ON

CONSUMER CONTRACTS FOR THE PURCHASE OF TIMESHARE/LONG-TERM

HOLIDAY PRODUCT/RESALE/EXCHANGE CONTRACTS:

Identity of the trader(s) which are part(ies) to the contract:

Residence of the trader(s) which are part(ies) to the contract:

Short description of the product (fulfil the appropriate line):

- Timeshare (e.g. description of the immovable property):

- Long-term Holiday Product (e.g. discounts on hotel stays and flights):

- Resale of Timeshare(e.g. preparation of marketing material, contact potential buyers, drafting of

contract) :

- Exchange of Timeshare (e.g. description of the immovable property to be exchanged):

Nature of the right(s):

Period for which the right(s) may be exercised:

Duration of the contract:

Date on which the consumer may start to exercise the contractual right(s):

In the case of Timeshare contract, if the contract concerns a specific property under construction,

date when the accommodation and services/facilities will be completed/available:

Price to be paid by the consumer for acquiring the right(s):

Outline of additional obligatory costs imposed under the contract; type of costs and indication of

amounts:

(e.g. for Timeshare contract: annual fees, other recurrent fees, special levies, local taxes)

(e.g. for Long-term holiday product contract: annual membership fees)

(e.g. for Resale contract: local taxes, notary fees, cost of advertising)

(e.g. for Exchange contract: annual membership fees, other recurrent fees, special levies, local

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ANNEX II DG I LIMITE EN

taxes)

Key services available to the consumer:

Facilities available to the consumer:

Are they included in the costs indicated above?

If no, specify what is included and what has to be paid for :

(e.g. for long-term holiday contract: 3 night stay included in annual membership fee, all other

accommodation must be paid for separately)

(e.g. for exchange contract: transaction fees for concrete exchanges, 150 euro Europe, 200 euro

elsewhere)

In the case of Timeshare contract : is it possible to join an exchange scheme?

If yes, name of exchange scheme:

Indication of costs for membership/exchange:

Where further information can be obtained:

Code of conduct that the trader has signed:

The consumer has the right to withdraw from this contract within 14 calendar days without giving

any reason.

During this withdrawal period, any advance payment by the consumer is prohibited. The

prohibition concerns any consideration, including payment, provision of guarantees, reservation of

money on accounts, explicit acknowledgement of debt etc.

It includes not only payment to the trader, but also to third parties.

_____________________

Text proposed by the Commission IMCO Amendments Council Working Party (doc. 8195/08) Possible compromise

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ANNEX III DG I LIMITE EN

ANNEX III

Annexe I - Timeshare

I. Information about the trader I. Information about the trader 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;





the date and the place where the main

contract is concluded;

(a) The identity and residence of the trader

and its legal status



The rest is covered by Art 4.2a of the WP

text.

II. Information about the right acquired II. Information about the right acquired 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;


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;


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;


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;

(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;

(c) where applicable, 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;

Keep Council text.


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See (fa)

(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;

(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;

(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 use any accommodation in the pool

at any time in the pool;

III. Information about the properties III. Information on the properties III. Information on 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;

(e) 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


location; where the contract concerns




(c) where the contract concerns a specific

immovable property, an accurate and detailed

description of that property and its location;

where the contract concerns a number of

properties (multi-resorts), an appropriate


location; where the contract concerns




(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 (f) the services (e.g. electricity, water,

maintenance, refuse collection) to which the

consumer has or will have access to and


Keep Council text.

(e) the common facilities, such as swimming

pool, sauna, etc, to which the consumer has

or may have access, and, where appropriate,


deleted (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.

Keep Council text.


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IV. Additional requirements for

accommodation under construction

IV. Additional requirements for

accommodation under construction

(h) the state of completion for the

accommodation, and the services rendering

the accommodation fully operational (gas,

electricity, water and telephone connections)

and any facilities to which the consumer will

have access;

Keep Council text.

(i) 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;

(i) the deadline for completion of the

accommodation and the services rendering it

fully operational (gas, electricity, water and

telephone connections) and a reasonable

estimate for the deadline for completion of

any facilities to which the consumer will

have access;

(j) 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;

Keep Council text.

(k) where applicable, a guarantee regarding

completion of the accommodation or a

guarantee regarding reimbursement of any

payment made if the accommodation is not

completed and, where appropriate, the

conditions governing the operation of such

guarantees.

Keep Council text.

(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




issues;

See point (w) No difference. Keep as point (w) due to the

new structure.


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IV. Information on the costs V. Information on the costs V. Information on the costs

(ca) the price to be paid by the consumer; (l) the price to be paid by the consumer; No problem.

(m) an indication of the amount to be paid by

the consumer for the services (e.g. electricity,

water, maintenance, refuse collection);

Keep Council text.

(n) 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;

Keep Council text.

(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;

For second part, see (p) of Council text

(o) an accurate description of how all costs

associated with the timeshare contract; how

these costs will be allocated to the consumers

and how and when such costs may be

increased; the method for the calculation of

the amount of charges relating to

occupation of the property, the mandatory

statutory charges (for example, taxes and

fees) and the administrative overheads (for

example, management, maintenance and

repairs);

an accurate and appropriate description of

how all costs associated with the timeshare

contract; how these costs will be allocated to

the consumers and how and when such costs

may be increased; the method for the

calculation of the amount of charges relating

to occupation of the property, the mandatory




repairs) (p) where applicable, information on

whether there are any charges, mortgages,

encumbrances or any other liens recorded

against title to the accommodation;

Keep Council text.

(h) the exact period within which the right





deleted Deleted as both the EP and the Council

moved the content to point (c) above.

Deletion acceptable.


10584/08 LL/vr 21


(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






repairs);

deleted Deleted as the content was moved to the point

(o) above.

Deletion acceptable, subject to confirmation

of Council text under point (o).

(j) a clause stating that the consumer shall not

bear any other costs or obligations other than

those specified in the contract;

(j) a clause stating that the consumer shall not



(r) a statement that the consumer shall not



(r) a clause stating that the consumer shall not



(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


relevant exchange system and an indication

of costs related to resale and exchange

through this system;

See point (x)

(x) whether or not it is possible to join a



relevant systems and an indication of costs

related to exchange and resale through these

systems;

Keep as point (x)




relevant exchange and resale systems and an

indication of costs related to exchange and

resale through these systems;

(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 See (y)

Keep the Council text in (y).


10584/08 LL/vr 22


V. Information on the right of withdrawal

and termination of the contract

V. 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;

(s) information on the right to withdraw from

the contract and the consequences thereof;


arrangements for the termination of other

contracts in accordance with Article 7 and

the consequences of such termination;

Keep Council text.

(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 see point (v)

Keep Council text in (v).

(o) indication to whom and how the

withdrawal notification is to be sent;

deleted (t) indication to whom and how the


Keep Council text.

(ma) conditions for terminating the contract,

the consequences of termination and

information on any liability on the consumer

for any costs which might result of such

termination;

(u) conditions for terminating the contract,



for any costs which might result from

termination;





termination;

(v) 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);

Keep Council text.


10584/08 LL/vr 23


VI. Additional information VII. Additional information VII. Additional information

see (f) (w) how maintenance and repairs of the

property and its administration and




issues;

Keep Council text.




relevant systems and an indication of costs

related to exchange and resale through these

systems;

Keep Council text.

See (l) (y) 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;

Keep Council text.

(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;

(z) where the trader is a signatory of codes of

conduct, information on those codes;

(z) where the trader is a signatory of codes of

conduct, information on those codes and

where to find them.

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

resolution.

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

resolution;

(za) where applicable, the possibility for out-

of-court dispute resolution.

Keep Council text.

Where applicable, 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

courts for the place in which the consumer

is resident or is habitually domiciled.


10584/08 LL/vr 24


Annexe III - Long-term holiday products

I. Information about the trader I. Information about the trader


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;


and its legal status;




text.



subject of the contract;

(b) the exact nature and content 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 the

responsibilities of consumers wishing to

enjoy those rights (e.g. limited availability or

offers promoted or special discounts);


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

particular discount);


which is the subject of the contract

an appropriate and correct description of

discounts available for future bookings,

illustrated by the set of examples of recent

offers

restrictions on the consumer’s ability to use

the rights, such as limited availability or

offers provided on a first come first served

basis, time limits on particular promoted or

special discount;

(c) the exact period within which the right

which is the subject of the contract may be,





which is the subject of the contract may be,









No problem.


10584/08 LL/vr 25


(ca) an appropriate and correct description

of the accommodations available for future

bookings, an indication and guarantee of

the discount rate, and the time periods in

which this is available;

III. Information on the costs III. Information on the costs 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;

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

including any recurring costs;

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

including any recurring costs the consumer

can expect to incur resulting from his right

to obtain access to the accommodation,

travel and any related products or services

as specified;

(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;

Covered in point II. (b) above.

(db) an explanation of how any fees to be

paid to maintain the right can be changed

and an estimate of future fees;

(dc) details of any other costs the consumer

can expect to incur resulting from his right

to obtain access to the accommodation,

travel or any related products or services as

specified;

Covered in point III. (d) above.

(e) a clause stating that the consumer shall not






(e) a statement that the consumer shall not







10584/08 LL/vr 26


(f) indication of the language(s) available


the contract, for instance in relation to the

handling of queries and complaints;

deleted See (j) Keep Council text in (j)

IV. Information on the right of withdrawal


IV. Right of withdrawal and termination of

the contract



(g) information on the right to withdraw from

the contract and the consequences of







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


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;

(f) information on the right to withdraw from




contracts in accordance with Article 7 and the

consequences of such termination;

Keep Council text.

(h) information about the ban on advance




to 5 (3);

deleted see (i)

(i) indication to whom and how the


deleted (g) indication to whom and how the


Keep Council text.


10584/08 LL/vr 27






termination;

(h) conditions for terminating the contract,

the consequences of termination, and



termination;





termination;

see (h) (i) information about the ban on advance



the contract in accordance with Article 5(1)

to (3);

Keep Council text.

V. Additional information V. Additional information

(j) indication of the language(s) available


the contract, for instance in relation to the

handling of queries and complaints;

Keep Council text.

(j) the existence, content, control and




(k) where the trader is a signatory of codes of




where to find them.

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

resolution.

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

resolution.

(l) where applicable, the possibility for out-


Keep Council text.









10584/08 LL/vr 28


Annexe IV - Resale

I. Information about the trader I. Information about the trader I. Information about the trader






concluded;


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;






text.

II. Information about the service provided II. Information about the service provided II. Information about the service provided

(aa) an accurate description of the services

to be provided under the contract (e.g.

marketing);

(b) an accurate description of the services to

be provided under the contract (e.g.

marketing);

No problem.

III. Information on the costs III. Information on the costs 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


(c) the price to be paid by the consumer for


(c) the price to be paid by the consumer for

the resale services, including marketing

costs;

(c) a clause stating that the consumer shall not



(c) a clause stating that the consumer shall not



(d) a statement that the consumer shall not


those specified in the contract.

(d) 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;

deleted

See point (i).

Keep Council text in (i)


10584/08 LL/vr 29




IV. The right of withdrawal and termination

of the contract



(e) information on the right to withdraw from








the resale contract and the consequences of

withdrawing from the contract;


the resale contract and the consequences

thereof;

Keep Council text.

(f) information about the ban on advance

payments until the actual sale has taken place

or the resale contract otherwise is terminated;

see (f) see (h)

(g) indication to whom and how the


deleted (f) indication to whom and how the


Keep Council text.





termination;

(g) conditions for terminating the contract,

the consequences of termination, and



termination;





termination;

(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;

(h) information about the ban on advance

payments until the actual sale has taken place

or the resale contract otherwise is terminated.

Keep Council text.

V. Additional information V. Additional information V. Additional information

(i) indication of the language(s) available




Keep Council text.


10584/08 LL/vr 30


(h) the existence, content, control and




(j) where the trader is a signatory of codes of




where to find them.

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

resolution.

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

resolution.

(k) where applicable, the possibility for out-


Keep Council text.









10584/08 LL/vr 31


Annexe V - Exchange

I. Information about the trader I. Information about the trader






concluded;






concluded;






text.



subject of the contract;


which is the subject of the contract;


which is the subject of the contract;

No problem.











No problem.

(bb) an explanation of the added value of the

services offered by the exchange trader;

(bb) an explanation of the added value of the

services offered by the exchange trader;

No problem.


10584/08 LL/vr 32


see (h) (c) 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, including

any limitations on the availability of

particular accommodation selected by the

consumer, for example, as the result of peak

periods of demand, the potential need to book

a long time in advance, and indications of any

restrictions of 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;

No problem. Keep here due to the new

structure.

(d) the exact period within which the right




exercise the contractual right.

Keep Council text.

III. Information about the properties III. Information about the properties III. Information about the properties

(c) an appropriate description of the

properties and their location; where the




facilities;

(c) where the consumer can obtain an

appropriate description of the properties and

their location; where the contract concerns




(e) an appropriate description of the

properties and their location; where the




facilities;

(c) where the consumer can obtain an

appropriate description of the properties and

their location; where the contract concerns




(d) the exact period within which the right





see (ba) see (ba)

No problem.


10584/08 LL/vr 33


IV. Information on the costs IV. Information on the costs IV. Information on the costs

(e) the price to be paid by the consumer, an


consumer for the use of common facilities

and services; the basis for the calculation of






repairs);

(e) the price to be paid by the consumer, an


consumer for the exchange membership and

individual exchange transactions;

(f) the price to be paid by the consumer for

the exchange system membership and any

renewal fees and the current price to be paid

per exchange;

(f) the price to be paid by the consumer for

the exchange system membership, any

renewal fees and an estimate of the current

price to be paid for individual exchange

transactions

(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;

(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 is liable in respect of

the exchange;

(g) additional charges the consumer will be

liable for a result of individual exchange

transactions;

N.B. Alignment of the text with point (f)

above.

(f) a clause stating that the consumer shall not



(f) a clause stating that the consumer shall not



(h) a statement that the consumer shall not


those specified in the contract.

(h) a clause stating that the consumer shall

not bear any other costs or obligations other

than those specified in the contract;

(g) indication of the language(s) available




deleted see (l)

Keep Council text in point (l)


10584/08 LL/vr 34


(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;

Acceptable. See point (c) above.



V. Right of withdrawal and termination of

the contract



(i) information on the right to withdraw from








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;

(i) information on the right to withdraw from




contracts in accordance with Article 7 and the

consequences of such termination;

Keep Council text.

see (k) (j) indication to whom and how the


No problem. Keep here due to the new

structure.


10584/08 LL/vr 35


(j) information about the ban on advance




to 5 (3)

deleted (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);

Keep Council text.





termination;





termination;

VI. Additional information VI. Additional information VI. Additional information

see (g) (l) indication of the language(s) available for

communication with the trader , for instance

in relation to the handling of queries and

complaints;

Keep Council text.

(k) indication to whom and how the


(k) indication to whom and how the


see (j)

(l) the existence, content, control and




(m) where the trader is a signatory of codes

of conduct, information on those codes;

(m) where the trader is a signatory of codes of


where to find them.

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

resolution;

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

resolution;

(o) where applicable, the possibility for out-


Keep Council text.



governed by a law other than the national law

of the consumer and possible disputes may be

referred to other courts than the courts for the

place in which the consumer is resident or is

habitually domiciled.

No. Cion prop. : 10686/07 CONSOM 82 JUSTCIV 168 CODEC 657€¦ · in respect of certain aspects of...

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