Part-Time Use Act 2011 - 2011 Tng

Original Language Title: Teilzeitnutzungsgesetz 2011 – TNG 2011

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8. Federal Act on the Protection of Consumer Protection in the case of part-time use and usage discount contracts (Part-Time Use Act 2011-TNG 2011)

The National Council has decided:

Section 1

General

Subject-matter; mandatory law

§ 1. (1) This federal law regulates certain aspects of part-time use, usage discount, exchange system and placement contracts, which are alleged or concluded between an entreprent and a consumer (§ 1 KSchG).

(2) As far as agreements to the detriment of the consumer deviate from the provisions of this federal law, they are ineffective.

Definitions

§ 2. (1) This federal law designates the expression

1.

"Part-time use contract" means a contract by which an entrepreer grants a consumer against a total remuneration for a period of more than one year the right in rem or compulsory, one or more objects of use recurrently for each of them. to take advantage of a limited period of time, irrespective of the legal form chosen for the granting of the rights, the legal form of the entreprenter and the legal relationships of the object of use;

2.

"Use of a contract of use" (in Annex II: "Contract for a long-term holiday product"), a contract with which an entreprer grants a consumer the right to price reductions for a period of more than one year for a consumer against a total charge; or take advantage of other benefits in relation to one or more objects of use, irrespective of whether they are related to travel or other services;

3.

"exchange system contract" (in Annex IV: "exchange contract") a contractual agreement on the entry of the consumer into a system of exchange which allows him to temporarily be the result of the timeshare of another person. to exercise the right to use and, in return, to grant the temporary exercise of the possibility of use arising from its own timeshare, in return for this or other persons;

4.

"conciliation contract" (in Annex III: "resale contract") a contract of compensation for the assistance of a consumer in the case of the sale or acquisition of the rights which are the subject of a part-time benefit or use-benefit contract are;

5.

"object of use" means a movable or immovable property or a part thereof, which is intended for the purpose of housing or accommodation;

6.

"acczessory contract" means a contract by which a consumer is entitled to benefits in connection with his or her part-time benefit contract and which are either part-time or part-time use or The use of a beneficial owner or a third party who is in contractual relationship or a permanent business relationship with the third party for such services.

(2) In the calculation of the duration within the meaning of paragraph 1 (1) (1) and (2), any contractual extension possibilities shall be taken into account.

(3) The German-language Annexes I to V to Directive 2008 /122/EC of the European Parliament and of the Council of 14 January 2009 on the protection of consumers with regard to certain aspects of timeshare contracts, long-term contracts Leave-of-leave products and re-purchase and exchange contracts, OJ L 327, 31.12.2002, p No. 10 ('Part-time-use Directive 2008 /122/EC '), the Annex is set out in the Annex hereto.

Section 2

Advertising

Value-added

§ 3. (1) In each advertisement for a contract referred to in § 1, the contractor shall indicate that the information referred to in § 5 is available and where they may be requested.

(2) Part-time use and usage discounted contracts may not be advertised or offered as a financial investment.

Advertising or sales events

§ 4. (1) If a contract is to be offered to a consumer in person at a promotional or sales event in § 1 of the contract, the entrepre shall clearly state in the invitation the business purpose and the nature of the event.

(2) Within the framework of such an event, the information referred to in § 5 must be available to the consumer at all times.

Section 3

Pre-contractual information and contract conclusion

Pre-contractual information requirements

§ 5. (1) Right-time before the consumer is bound by a contract or his contractual declaration referred to in § 1, the trader must make available to him, free of charge, the form relevant to the contract in question in accordance with paragraph 2, in which the shall be given in a clear and comprehensible manner. The form may be made available in paper form or on any other durable medium which is easily accessible to the consumer.

(2) To be used

1.

in the case of timeshare contracts, the 'Form for information on part-time use contracts' in accordance with Annex I of Directive 2008 /122/EC,

2.

in the case of exploitation contracts, the "Form for information on long-term holiday products" in accordance with Annex II of Part-Time-Use Directive 2008 /122/EC,

3.

in the case of exchange system contracts, the 'Form for information on exchange contracts' in accordance with Annex IV of Directive 2008 /122/EC, Part-Time-Time Directive, and

4.

in the case of conciliation contracts, the 'Form for information on resale contracts' in accordance with Annex III of Directive 2008 /122/EC, Part-Time-Time Directive.

(3) The form and the information required therein shall, at the consumer's choice, be:

1.

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

2.

in the language or in one of the languages of the Member State to which the consumer belongs,

, provided that the official language of the European Union is in each case.

Contract Completion

§ 6. (1) A contract referred to in § 1 shall be subject to the legal validity of the signature or the qualified electronic signature (§ 2 Z 3a, § 4 paragraph 1 SigG) of the Contracting Parties. The contract document shall be drawn up in paper form or on any other durable medium.

(2) The information given to the consumer in accordance with § 5 shall be part of the contract. Changes shall be effective only if they are expressly referred to in the contract and if they are

1.

have been expressly agreed by the Contracting Parties, or

2.

have become necessary due to unusual and unforeseeable circumstances, to which the trader has no influence and whose consequences, even with all due diligence, could not have been avoided.

In addition, these changes to their effectiveness must be communicated to the consumer separately before the conclusion of the contract in paper form or on another durable medium which is easily accessible to the consumer.

(3) In addition to the contractual components referred to in paragraph 2, the contract document must:

1.

information on identity and residence, or Seat of each Contracting Party,

2.

Date and place of conclusion of the contract, and

3.

the signature or qualified electronic signature of each Contracting Party;

.

(4) Before the conclusion of the contract, the trader expressly has to draw the consumer's attention to the right of withdrawal and to the withdrawal period in accordance with § 8 as well as to the prohibition of payment in accordance with § 12 in force during the withdrawal period. The relevant provisions of the Treaty shall be signed by the consumer separately.

(5) The contract document must contain a separate form for the resignation in accordance with Annex V of Directive 2008 /122/EC, which the trader has completed in accordance with the instructions given in the form.

(6) Immediately after conclusion of the contract, a copy of the contract document must be made available to the consumer. This can be done in paper form or on another durable medium, which is easily accessible to the consumer.

Contract Language

§ 7. (1) The contract document shall be adopted by the consumer

1.

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

2.

in the language or in one of the languages of that Member State to which the consumer belongs, provided that the official language of the European Union is in each case.

(2) Where the contract document relating to a particular immovable use object has not been drawn up in the language of the Member State in which the use object is situated, or in a language which is one of the official languages of the European Union, the In addition, a certified translation of the contract document into this language shall be made available to consumers residing in Austria.

Section 4

Withdrawal from the contract

Right of withdrawal and period of resignation

§ 8. (1) The consumer may, within 14 days without giving reasons, withdraw from a contract referred to in § 1 or from a pre-contract aimed at the conclusion of any of these contracts.

(2) The time limit for resignation begins

1.

with the date of conclusion of the contract or of the binding pre-contract, or

2.

on the date on which the consumer receives the document on the contract or the binding pre-contract, provided that the document is in accordance with the date referred to in Z 1.

(3) If the consumer has not only a timeshare contract but also an exchange system contract which was offered to him simultaneously with the timeshare, or pre-contracts directed to it, both contracts shall only apply to: a uniform resignation period for which the part-time use contract alone is the sole purpose of the calculation.

Special rules for information deficiencies

§ 9. (1) If the trader does not, or not completely, in paper form or on another permanent basis to the consumer the information referred to in § 5 (1), including the form relevant to the contract in accordance with § 5 (2) of the respective contract. However, if a data carrier has been made available, but it is to be recovered within three months from the date referred to in § 8 (2), the withdrawal period shall begin only on the day on which the consumer receives this information. However, after the expiry of three months and 14 days from the date referred to in § 8 (2), the right of withdrawal may no longer be exercised.

(2) If the trader has not provided the consumer with a completed form for the resignation, contrary to § 6 (5), but after a period of one year from the date referred to in § 8 (2), the withdrawal period shall begin only after the date of the withdrawal of the contract. on the day on which the consumer receives this form. However, after the expiry of one year and 14 days from the date referred to in § 8 (2), the right of withdrawal may no longer be exercised.

Form of resignation

§ 10. (1) The resignation must be communicated in paper form or on a durable medium. The time limit shall be maintained if the declaration is sent within the resignation period.

(2) The consumer may either use the form set out in Annex V of Part-Time Use Directive 2008 /122/EC for the resignation, or may declare it in his own words. It shall also be sufficient if he restores the contract document made available to him with an endorsement which clearly indicates that he is opposed to the maintenance or the coming of the contract.

Free movement of the resignation

§ 11. If the consumer resigns from the contract in accordance with § § 8 et seq. of the contract, no costs shall be imposed. If a performance has already been provided to him before the resignation, he/she must not pay a fee for that.

Payments by the acquirer before expiry of the resignation period

§ 12. (1) In the case of part-time use, usage discount and exchange system contracts, the consumer agreed in return services (for example payments, security benefits, blocking amounts on accounts) before the expiry of the withdrawal period (§ § 8, 9) do not become due; the trader shall not demand or accept them before the due date. In the same way, it is not necessary to ask for statements that are valid for compensation, such as, for example, explicit recognition of the school age, during this period.

(2) In the case of brokerage contracts, the counteracts agreed upon with the consumer (for example, payments, security benefits, blocking amounts on accounts) are not due as long as the sale or purchase has not actually taken place or the mediation contract is not terminated in any other way. The trader must neither demand nor accept the counter-benefits before due date. In the same way, it is not necessary to ask for statements that are valid for compensation, such as, for example, explicit recognition of the school age, during this period.

(3) The consumer may reclaim all payments and services accepted by the trader contrary to paragraphs 1 and 2. The entrepre has to galvanse the amounts assumed from the date of payment at an interest rate of 6 vH above the base interest rate applicable in each case.

Effects of the withdrawal on accordical contracts

§ 13. If the consumer resigns, in accordance with § § 8 et seq. of a part-time use or usage discount contract, the resignation shall also apply to an exchange system contract concluded by him or to any other accusatory contract.

Effects of resignation on credit agreements

§ 14. In accordance with § § 8 et seq. of a contract referred to in § 1, the consumer shall resign from a contract in which the remuneration is also partially financed by a loan to the consumer by the trader or a third party who, in this respect, is in contact with the trader in question by the operator. contractual relationship or permanent business relationship shall be granted, the resignation shall also apply to the credit agreement. In this case, the creditor shall be entitled to a replacement of the payments which he has paid to public authorities and cannot recover, but shall not be entitled to any other compensation or interest.

Section 5

Special provisions for use-benefit contracts

Rate payment plan

§ 15. (1) The consumer has to pay the fee in accordance with a rate payment plan in the case of use-benefit agreements. The total fee shall be divided into annual instalment payments of the same amount.

(2) Not later than 14 days before each maturity date, the trader shall submit a payment request in paper form or on another durable medium to the consumer.

(3) The trader may only request or accept the remuneration on the basis of the rate payment plan referred to in paragraph 1 above and a corresponding payment request pursuant to paragraph 2. Section 12 (3) shall apply accordingly.

Termination

§ 16. From the payment of the second instalment payment, the consumer may terminate the contract in each case for the next due date without regard to the agreements on the duration of the contract. The dismissal must be declared to the operator within 14 days from the date on which the consumer receives the request for payment of the next instalment.

6.

International cases

§ 17. If, for a contract referred to in Article 1, the law of a State which is not a member of the European Union is decisive, the consumer shall nevertheless have the rights set out in this Federal Law, if:

1.

the object of use or of one of several objects of use is an immovable object and lies within the territory of a Member State of the European Union; or

2.

the trader pursues a commercial or professional activity in a Member State of the European Union, or in any way aligns it with such a Member State and the contract which does not directly apply to a Member State of the European Union. immovable property, falling within the scope of this activity.

Section 7

Criminal provisions

§ 18. (1) An entreprenter who

1.

it does not allow advertising or advertising or sales events to provide the information and information required by section 3 (1) and (4),

2.

In violation of § 3 (2), part-time use and usage discount contracts are advertised or sold as a financial investment,

3.

it does not accept, contrary to § 5 (1) and (2), that a form be handed out to the consumer by means of the information prescribed therein and in the language chosen by the consumer in accordance with Article 5 (3),

4.

it does not allow the consumer to make a contract document available to the consumer with the content prescribed in § 6 and in the language chosen by the consumer in accordance with § 7 para. 1,

5.

Contrary to Article 6 (4), it is prohibited to draw the attention of the consumer to the right of withdrawal, the withdrawal period and the ban on payment of the payment,

6.

it does not prevent the consumer from following a certified translation of the contract certificate to the consumer, contrary to Section 7 (2) of the Treaty,

If the action does not comply with the facts of a criminal offence or is threatened with a stricter penalty under other administrative criminal provisions, an administrative surrender and a fine of up to EUR 1 450 shall be punished.

(2) An entreprenter who

1.

requires the consumer to withdraw from the contract in breach of § 11, costs or charges for services rendered,

2.

agree, request or receive payments or services contrary to section 12 (1) or (2);

If the action does not comply with the facts of a court-punishable offence or is threatened with a stricter penalty under other administrative criminal provisions, an administrative surrender and a fine of up to EUR 7 260 shall be applied. punishing.

8. Section

Final provisions

entry into force

§ 19. (1) This federal law shall enter into force on 23 February 2011. It shall apply to part-time, user-benefit, exchange and exchange contracts concluded from that date.

(2) The Part-Time Use Act, BGBl. I n ° 32/1997, will expire on 22 February 2011. However, it should continue to be applied to timeshare contracts which were concluded before 23 February 2011.

Enforcement

§ 20. With the enforcement of this federal law, the Federal Minister of Justice is entrusted with the task of Section 18 of the Federal Chancellor and, incidentally, the Federal Minister for Justice.

Implementation Notice

§ 21. With this federal law, Directive 2008 /122/EC of the European Parliament and of the Council of 14 January 2009 on the protection of consumers in respect of certain aspects of timeshare contracts, long-term contracts, contracts for long-term Leave-of-leave products and re-purchase and exchange contracts, OJ L 327, 31.12.2002, p No. OJ No L 33, 3 February 2009, p. 10.

Fischer

Faymann

ANNEX I

FORM SHEET FOR INFORMATION ON TIMESHARE CONTRACTS

Part 1:

Identity, place of residence and legal status of the trader (s) who shall be a party (s):

Brief description of the product (e.g. B. Description of the property):

Precise indication of the nature and content of the right (of rights):

Precise period in which the right provided for in the Treaty may be exercised and, where appropriate, its duration:

Date from which the consumer may exercise the right laid down in the contract:

If the contract relates to a specific property under construction, the time from which the accommodation and the services/facilities are completed/available:

Price to be paid by the consumer for the acquisition of the right (of rights):

A brief description of the compulsory additional costs to be paid under the contract; the nature of the costs and the indication of the amounts (e.g. B. annual fees, other charges, special charges, local taxes):

Summary of the main supply services provided to the consumer (e.g. Electricity, water, maintenance, waste disposal) and an indication of the amount to be paid by the consumer for these services:

Summary of the facilities provided to the consumer (e.g. Swimming pool or sauna):

Are these facilities included in the above mentioned costs?

If not, indication of what is included and for which to pay separately:

Is there a possibility to join a barter system?

If so, name of the exchange system:

Indication of the costs of the membership/exchange:

Has the trader signed a code of conduct (codes) and, if so, where is this (r) to be found?

Part 2:

General

-

The consumer shall be subject to the conclusion of the contract or of a binding pre-contract or from receipt of the contract, if at a later date, the right to withdraw from the contract within 14 calendar days without giving any reason.

-

During this revocation period, payments are prohibited by the consumer. The non-payment ban applies to any kind of consideration, including payment, security benefits, blocking amounts on accounts, explicit school-level information, etc. It refers not only to payments to the trader, but also to third parties.

-

The consumer shall bear no other than the costs or obligations specified in the contract.

-

Under international private law, the contract may be governed by a law other than the law of the Member State in which the consumer is domicated or habituated, and any dispute may be subject to the law of the Member State concerned. as the courts of the Member State in which the consumer has his residence or habitual residence.

Signature of the consumer:

Part 3:

Additional information to which the consumer is entitled and indication of where exactly they are available (e.g. B. indication of the chapter in a general brochure, provided that it is not indicated here:

1. INFORMATION ABOUT ACQUIRED RIGHTS

-

Indication of the conditions governing the exercise of the right laid down by the Treaty in the territory of the Member State (of the Member States) in which the property (s) in question is situated, and whether those conditions have been met or, if so, whether or not these conditions are met; is not the case as to which conditions have yet to be met;

-

if the contract gives rights to use accommodation to be selected from a group of accommodation: information about restrictions on the possibility for the consumer to make any accommodation of this group at any time .

2. INFORMATION ABOUT THE PROPERTIES

-

Precise and detailed description of the property and its location, provided that the contract relates to a particular property; the exact description of the property and its location, provided that the contract is based on a number of real estate properties; ("multi-resorts") ; appropriate description of the accommodation and facilities, provided that the contract does not relate to a property but to another accommodation;

-

Indication of supply services (e.g. Electricity, water, maintenance, waste disposal), which are available to the consumer or will be available to the consumer, as well as the terms of use;

-

where appropriate, the common facilities, such as the swimming pool, the sauna, etc., to which the consumer has access or may be able to access, and the conditions of access.

3. ADDITIONAL REQUIREMENTS FOR ACCOMMODATION IN CONSTRUCTION (if applicable)

-

Information on the state of work on the accommodation, the services required for the full use of the accommodation (gas, electricity, water and telephone lines), and all facilities to which the consumer has access it will have;

-

Indication of the date of completion of the accommodation and of the services required for the full use of the accommodation (gas, electricity, water and telephone lines) and realistic assessment of the completion date of all equipment to which the consumer will have access;

-

an indication of the reference number of the building permit and of the name (s) and the full address (s) of the competent authority (s);

-

Guarantee for the completion of the accommodation or guarantee for the repayment of all payments made in the event that the accommodation is not completed and, where applicable, an indication of the conditions for the application of such guarantees.

4. INFORMATION ABOUT THE COSTS

-

Precise and appropriate description of all costs associated with the timeshare contract; accurate and appropriate description of the way in which these costs are to be applied to the consumer, as well as how and when such costs are Procedures for the calculation of the costs of the use of the respective property by the consumer, the legal costs (e.g. Taxes and charges) as well as the additional overhead costs (e.g. B. for administration, maintenance and repairs);

-

where appropriate, information on whether charges, mortgages, basic rights or other rights in rem are entered on the accommodation in the Land Registry.

5. INFORMATION CONCERNING TERMINATION OF THE CONTRACT

-

where appropriate, information on the modalities of the termination of accrual contracts and the legal consequences of termination;

-

Terms and conditions for termination of the contract, legal consequences of termination of the contract, as well as information on the liability of the consumer for costs which may be incurred as a result of the termination of the contract.

6. FURTHER INFORMATION

-

information on how maintenance and repairs as well as organisation and management of property are regulated, as well as whether and to what extent the consumer can influence and participate in these matters;

-

information on the possibility of participation in a system for the resale of the contractual rights, information on the relevant system, and indication of the costs associated with resale within the framework of this system;

-

Indication of the language (s) in which (those) communications relating to the contract after the purchase, e.g. B. on administrative decisions, cost increases and the handling of requests and complaints;

-

where appropriate, information on out-of-court dispute resolution.

Confirmation of the receipt of the information:

Signature of the consumer:

ANNEX II

FORM FOR INFORMATION ON LONG TERM HOLIDAY PRODUCTS

Part 1:

Identity, place of residence and legal status of the trader (s) who shall be a party (s):

Brief description of the product:

Precise indication of the nature and content of the right (of rights):

Precise period in which the right provided for in the Treaty may be exercised and, where appropriate, its duration:

Date from which the consumer may exercise the right laid down in the contract:

Price to be paid by the consumer for the acquisition of the right (of rights):

A brief description of the compulsory additional costs to be paid under the contract; the nature of the costs and the indication of the amounts (e.g. B. annual fees, other charges, special charges, local taxes):

Price to be paid by the consumer for the acquisition of the right (of the rights), including any recurrent costs to the consumer in connection with the right of access to accommodation, travel and others related, precisely designated products or services:

Rate payment plan with the same rate amounts per year of the duration of the contract and the dates for which they are due:

After the first year, the amounts outstanding may be adjusted to ensure that the real value of these rates is maintained, for example: B. in order to take account of inflation.

A brief description of the compulsory additional costs to be paid under the contract; the nature of the costs and the indication of the amounts (e.g. B. annual membership fees):

Summary of the most important services provided to the consumer (e.g. B. Hotel stays and flights at reduced prices):

Are these included in the above costs?

If not, indication of what is included and what is to be paid separately (e.g. B. annual membership fee includes three nights, in addition, the accommodation is to be paid separately):

Has the trader signed a code of conduct (codes) and, if so, where is this (r) to be found?

Part 2:

General

-

The consumer shall be subject to the conclusion of the contract or of a binding pre-contract or from receipt of the contract, if at a later date, the right to withdraw from the contract within 14 calendar days without giving any reason.

-

During this revocation period, payments are prohibited by the consumer. The non-payment ban applies to any kind of consideration, including payment, security benefits, blocking amounts on accounts, explicit school-level information, etc. It refers not only to payments to the trader, but also to third parties.

-

The consumer has the right to terminate the contract without compensation by taking notice of it within 14 calendar days from receipt of the request to pay the next annual instalment payment.

-

The consumer shall bear no other than the costs or obligations specified in the contract.

-

Under international private law, the contract may be governed by a law other than the law of the Member State in which the consumer is domicated or habituated, and any dispute may be subject to the law of the Member State concerned. as the courts of the Member State in which the consumer has his residence or habitual residence.

Signature of the consumer:

Part 3:

Additional information to which the consumer is entitled and indication of where exactly they are available (e.g. B. indication of the chapter in a general brochure, provided that it is not indicated here:

1. INFORMATION ABOUT ACQUIRED RIGHTS

-

Appropriate and correct description of the price reductions available in future bookings, illustrated by a number of recent examples of offers;

-

Information on the restrictions on the possibility for the consumer to use these rights, such as limited availability, offers where the order of receipt of applications is decisive, and time constraints on Special offers.

2. INFORMATION ABOUT TERMINATION OF THE CONTRACT

-

Where appropriate, information on the modalities of the termination of accrual contracts and the legal consequences of termination;

-

Terms and conditions for termination of the contract, legal consequences of termination of the contract, as well as information on the liability of the consumer for costs which may be incurred as a result of the termination of the contract.

3. FURTHER INFORMATION

-

Indication of the language (s) in which (those) communications relating to the contract after the purchase, e.g. B. on the handling of inquiries and complaints;

-

where appropriate, information on out-of-court dispute resolution.

Confirmation of the receipt of the information:

Signature of the consumer:

ANNEX III

FORM FOR INFORMATION ON RESALE CONTRACTS

Part 1:

Identity, place of residence and legal status of the trader (s) who shall be a party (s):

Brief description of the services (e.g. Marketing):

Contract Term:

Price to be paid by the consumer for the purchase of the services:

A brief description of the compulsory additional costs to be paid under the contract; the nature of the costs and the indication of the amounts (e.g. Local taxes, notary fees, advertising costs):

Has the trader signed a code of conduct (codes) and, if so, where is this (r) to be found?

Part 2:

General

-

The consumer shall be subject to the conclusion of the contract or of a binding pre-contract or from receipt of the contract, if at a later date, the right to withdraw from the contract within 14 calendar days without giving any reason.

-

Consumer payments shall be prohibited until the actual sale has actually taken place or the resale contract has been terminated in another way. The non-payment ban applies to any kind of consideration, including payment, security benefits, blocking amounts on accounts, explicit school-level information, etc. It refers not only to payments to the trader, but also to third parties.

-

The consumer shall bear no other than the costs or obligations specified in the contract.

-

Under international private law, the contract may be governed by a law other than the law of the Member State in which the consumer is domicated or habituated, and any dispute may be subject to the law of the Member State concerned. as the courts of the Member State in which the consumer has his residence or habitual residence.

Signature of the consumer:

Part 3:

Additional information to which the consumer is entitled and indication of where exactly they are available (e.g. B. indication of the chapter in a general brochure, provided that it is not indicated here:

-

conditions of termination of the contract, the legal consequences of the termination of the contract and information on the liability of the consumer for costs which may arise as a result of the termination of the contract;

-

Indication of the language (s) in which correspondence with the trader in relation to the contract, e.g. B. on the handling of inquiries and complaints;

-

where appropriate, information on out-of-court dispute resolution.

Confirmation of the receipt of the information:

Signature of the consumer:

ANNEX IV

FORM FOR INFORMATION ON EXCHANGE CONTRACTS

Part 1:

Identity, place of residence and legal status of the trader (s) who shall be a party (s):

Brief description of the product:

Precise indication of the nature and content of the right (of rights):

Precise period in which the right provided for in the Treaty may be exercised and, where appropriate, its duration:

Date from which the consumer may exercise the right laid down in the contract:

Price the consumer has to pay for the membership in the exchange system:

A brief description of the compulsory additional costs to be paid under the contract; the nature of the costs and the indication of the amounts (e.g. B. annual fees, other charges, special charges, local taxes):

Summary of the main services provided to the consumer:

Are these included in the above costs?

If not, indication of what is included and what is to be paid separately (type of cost and indication of the amounts; e.g. B. Estimated price for an individual exchange, including possible additional costs):

Has the trader signed a code of conduct (codes) and, if so, where is this (r) to be found?

Part 2:

General

-

The consumer shall be subject to the conclusion of the contract or of a binding pre-contract or from receipt of the contract, if at a later date, the right to withdraw from the contract within 14 calendar days without giving any reason. If the exchange contract is offered together with the timeshare contract and at the same time as the timeshare contract, then only one uniform withdrawal period shall apply to both contracts.

-

During this revocation period, payments are prohibited by the consumer. The non-payment ban applies to any kind of consideration, including payment, security benefits, blocking amounts on accounts, explicit school-level information, etc. It refers not only to payments to the trader, but also to third parties.

-

The consumer shall bear no other than the costs or obligations specified in the contract.

-

Under international private law, the contract may be governed by a law other than the law of the Member State in which the consumer is domicated or habituated, and any dispute may be subject to the law of the Member State concerned. as the courts of the Member State in which the consumer has his residence or habitual residence.

Signature of the consumer:

Part 3:

Additional information to which the consumer is entitled and indication of where exactly they are available (e.g. B. indication of the chapter in a general brochure, provided that it is not indicated here:

1. INFORMATION ABOUT ACQUIRED RIGHTS

-

explanations of how the exchange system works; possibilities and modalities for a swap; indication of the value of the consumer's timeshare right in the exchange system, as well as some examples of concrete exchange possibilities;

-

Indication of the number of holiday facilities available and the number of members of the exchange system, including restrictions on the availability of certain types of accommodation chosen by the consumer, e.g. For example, due to particularly high demand at certain times, where appropriate, the need to book long in advance, as well as restrictions on the choice of timeshare introduced by the consumer into the exchange system.

2. INFORMATION ABOUT THE PROPERTIES

-

A short and adequate description of the property and its location; an appropriate description of the accommodation and facilities, provided that the contract does not relate to a property but to another accommodation; information on where the property is located and where the property is located. Consumers can obtain further information.

3. INFORMATION ABOUT THE COSTS

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Information on the obligation of the trader to provide detailed information on any additional costs incurred in exchange to the consumer in the event of any exchange proposal prior to the introduction of a exchange.

4. INFORMATION ABOUT TERMINATION OF THE CONTRACT

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Where appropriate, information on the modalities of the termination of accrual contracts and the legal consequences of termination;

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Terms and conditions for termination of the contract, legal consequences of termination of the contract, as well as information on the liability of the consumer for costs which may be incurred as a result of the termination of the contract.

5. FURTHER INFORMATION

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Indication of the language (s) in which correspondence with the trader in relation to the contract, e.g. B. on the handling of inquiries and complaints;

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where appropriate, information on out-of-court dispute resolution.

Confirmation of the receipt of the information:

Signature of the consumer:

ANNEX V

SEPARATE FORM SHEET TO FACILITATE THE EXERCISE OF THE RIGHT OF WITHDRAWAL

Right of withdrawal

The consumer shall have the right to withdraw from this contract within 14 calendar days without giving reasons.

The right of revocation shall apply from the ........................................................ (to be completed by the trader before being handed out to the consumer).

If the consumer has not received this form, the withdrawal period shall begin when the consumer has received this form, but shall in any case end after one year and 14 calendar days.

If the consumer has not received all the necessary information, the withdrawal period shall begin when the consumer has received this information, but shall in any case end after three months and 14 calendar days.

In order to make use of the right of withdrawal, the consumer shares his decision to withdraw the contract, the trader (name and address see below), using a durable medium (e.g. For example, mail sent by post, email). The consumer may use this form; however, this is not compulsory.

If the consumer makes use of the right of revocation, it does not cost him any costs.

In addition to the right of withdrawal, national contract law provisions may give the consumer additional rights, e.g. B. the right to terminate the contract in the event of an informed information.

Ban on payment

Payments by the consumer are prohibited during the revocation period. The non-payment ban applies to any kind of consideration, including payment, security benefits, blocking amounts on accounts, explicit school-level information, etc.

The ban refers not only to payments to the trader, but also to third parties.

Communication on the exercise of the right of withdrawal

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

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I/We (**) share (s) that I/we (**) revoke the contract (s).

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Date of conclusion of the contract (*):

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

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

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

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Date (***):

(*) To be completed by the trader before handing over the form to the consumer.

(**) Delete as appropriate.

(***) To be filled by the consumer (by consumers) if this form is used for the exercise of the right of withdrawal.

Confirmation of the receipt of the information:

Signature of the consumer: