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Law On The Protection Of Consumers In Respect Of Contracts For The Use Of Timeshare, Holiday Products In The Long Term, Resale And Exchange

Original Language Title: Loi relative à la protection des consommateurs en matière de contrats d'utilisation de biens à temps partagé, de produits de vacances à long terme, de revente et d'échange

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28 AOUT 2011. - Consumer Protection Act respecting contracts for the use of shared-time goods, long-term holiday products, resale and exchange



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1er. - General provisions
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. This Act provides for the transposition of Directive 2008/122/EC of the European Parliament and of the Council of 14 January 2009 on consumer protection with respect to certain aspects of contracts for the use of shared-time goods, long-term vacation product contracts and resale and exchange contracts.
CHAPTER 2. - Scope and definitions
Art. 3. This Act applies to contracts between the consumer and the professional.
Art. 4. § 1er. For the purposes of this Act:
1° contract for the use of shared-time goods: the contract or group of contracts for a period of more than one year by which a consumer acquires, as a cost, the right to use one or more accommodations for the night, for more than one stay;
2° long-term vacation product contract: the contract or group of contracts for a period of more than one year, by which a consumer acquires essentially, as expensive, the right to benefit from discounts or other benefits relating to his accommodation, excluding or not transportation or other services;
3rd contract of resale: the contract by which a professional assists, as expensive, a consumer for the sale or purchase of a right of use of shared-time property or a long-term vacation product;
4° exchange contract: the contract by which a consumer adheres, on an expensive basis, to an exchange system that allows the consumer to access the right to use accommodation for the night or other services in exchange for the possibility that other persons may temporarily benefit from the rights arising out of his or her contract for the use of goods on a shared basis;
5° professional: the natural or legal person who acts for purposes that fall within the scope of his commercial, industrial, artisanal or liberal activity and any person acting on behalf or on behalf of a professional;
6° consumer: the natural person who acts for purposes that do not enter into the business, industrial, artisanal or liberal activity;
7° incidental contract: the contract for services related to a contract for the use of shared-time goods or a contract for long-term vacation products, these services being provided by the professional or a third party on the basis of an agreement between that third party and the professional;
8° sustainable support: the instrument allowing the consumer or professional to keep information that is addressed to them personally, in a way that makes it easy to refer to the future for a period adapted to the purposes for which the information is intended, and that allows the identical reproduction of the information retained;
9th Minister: Minister for Consumer Protection.
§ 2. The tacit extension or extension clauses shall be taken into account to calculate the minimum duration of the contracts referred to in § 1er1° and 2°.
CHAPTER 3. - Advertising and information
Section 1re. - Advertising
Art. 5. The advertisement clearly mentions the possibility of obtaining the information referred to in Article 8, § 1er, and specify where they can be obtained.
Art. 6. § 1er. The invitation to a promotional or sales event in which a contract for the use of shared-time goods, long-term holiday products, resale or exchange is offered by a professional to a consumer clearly indicates the purpose and commercial nature of the event.
§ 2. The information referred to in Article 8, § 1er, are made available to the consumer throughout the event.
Art. 7. Shared property and long-term vacation products cannot be marketed or sold as an investment.
Section 2. - Pre-contractual information
Art. 8. § 1er. In due course, before the consumer is bound by an offer or contract, the professional provides the exact and sufficient information to the consumer in a clear and understandable manner by means of the standard forms to:
- Appendix 1re for contracts for the use of shared-time property,
- Appendix 2 for long-term vacation product contracts,
- Schedule 3 for resale contracts,
- Schedule 4 for exchange contracts.
§ 2. This information is an integral part of the offer and contract referred to in Chapter 4. They may not be altered completely or partially, unless explicitly agreed between the parties or in the event of force majeure. Prior to the conclusion of the contract, these amendments are communicated to the consumer.
§ 3. The information and their modifications are provided by the professional for free, in writing, in a clear and comprehensible manner, on paper or on another durable medium easily accessible to the consumer.
CHAPTER 4. - Contract
Art. 9. § 1er. The contract states:
1° the information provided in Article 8, § 1er;
2° where applicable, the amendments made in accordance with Article 8, § 2;
3° the identity and place of residence of the parties;
4° the date, the place of conclusion of the contract and the signature of the parties.
§ 2. The contract also includes the following clauses:
1 the existence, duration and procedures for the exercise of the right of withdrawal under Articles 13 and 14;
2° the prohibition of any payment during the withdrawal period.
The professional expressly draws consumer attention to these clauses prior to the conclusion of the contract.
These clauses are signed separately by the consumer.
§ 3. The contract includes the withdrawal form prepared in accordance with the standard model in Appendix 5.
Art. 10. At the time of the conclusion of the contract, the professional will hand over one or more written copies of the entire contract to the consumer on paper or on another durable medium.
CHAPTER 5. - Language selection
Section 1re. - Pre-contractual information
Art. 11. The information referred to in Article 8 shall be written, at the choice of the consumer, in the language or in one of the languages of the Member State in which he resides or whose nationality he is, provided that it is an official language of the European Union.
Section 2. - Contract
Art. 12. The written contract is written, at the choice of the consumer, in the language or in one of the languages of the Member State in which he resides or whose nationality he is, provided that it is an official language of the European Union.
The contract is further drafted in one of the three national languages when the consumer resides in Belgium or the professional carries on business in Belgian territory.
In the case of a contract for the use of shared property in respect of a specific real property located in the territory of a Member State of the European Union, the professional shall give the consumer residing in Belgium a certified translation of the contract in the language or language of that Member State, provided that it is an official language of the European Union.
CHAPTER 6. - Right of withdrawal
Art. 13. § 1er. For any contract for the use of shared-time goods, long-term vacation products, exchange and resale, the consumer has a period of fourteen calendar days to withdraw. This right shall be exercised without charge or indemnity and without cause.
For the exercise of this right, the time limit is short:
- the day of the conclusion of the contract or any binding preliminary contract, or
- the day on which the consumer receives the binding preliminary contract or contract, if that day is after the day on which the contract is concluded.
§ 2. If the professional simultaneously offers an exchange contract with a shared-time property contract, only one withdrawal period applies to both contracts. This is the time limit for the contract to use shared-time property.
§ 3. In the event that, at the conclusion of the contract or any binding preliminary contract, the professional did not provide separately to the consumer, in writing, on paper or other durable support and in the language referred to in Article 12, paragraph 1er, a standard withdrawal form referred to in Article 9, § 3, duly completed, the withdrawal period is one year and fourteen calendar days. This period begins to run from the day referred to in § 1er.
If within one year of the day referred to in § 1er, the professional shall provide the standard withdrawal form provided for in Article 9, § 3, duly completed, in writing, on paper or other durable medium and in the language referred to in Article 12, paragraph 1er, a withdrawal period of fourteen calendar days begins to run on the day the consumer receives this form.
§ 4. In the event that the professional has not provided the consumer, in writing, with paper or other durable support and in the language referred to in articles 11 and 12, paragraph 1erthe information referred to in Article 8, § 1erincluding standard forms, duly completed, in Annexes 1re to 4, as well as any amendments referred to in § 2 of the same article, the withdrawal period is three months and fourteen calendar days. This period begins to run from the day referred to in § 1er.
If within three months of the day referred to in § 1er, the professional shall, in writing, provide on paper or other durable support and in the language referred to in articles 11 and 12, paragraph 1erthe information referred to in Article 8, § 1erincluding duly completed standard forms, as contained in Annexes 1re at 4, as well as any changes referred to in § 2 of the same article, a period of withdrawal of fourteen calendar days begins to run from the day the consumer receives this information and forms.
Art. 14. Before the expiry of the withdrawal period, the consumer shall notify the professional of its decision to withdraw, in writing, on paper or other durable medium. The consumer may use the standard withdrawal form referred to in Article 9, § 3.
The deadline shall be deemed to be met if the notification has been sent before the expiry of the notification.
Art. 15. The exercise of its right of withdrawal by the consumer puts an end to the obligation of the parties to execute the contract.
No cost can be put directly or indirectly to the consumer who exercises his right of withdrawal. The consumer is not liable for any payment for any service that would have been provided to him before the withdrawal.
Art. 16. When the consumer exercises his right to withdraw the contract for the use of shared-time property or long-term vacation products, any incidental contract, including the exchange contract, is terminated in full right, without charge or compensation.
Without prejudice to section 24 of the Consumer Credit Act of 12 June 1991, where the consumer exercises his or her right to withdraw the contract for the use of shared-time goods, the contract for long-term vacation products, resale or exchange and that the price is wholly or partially paid by means of a credit granted to the consumer by the professional or a third party, on the basis of an agreement between the third party and the professional, the contract of compensation is
CHAPTER 7. - Payments
Art. 17. For contracts for the use of shared-time goods, long-term vacation and exchange products, the professional may not request or receive from the consumer, in any form, the payment of advances, a guarantee constitution, a reserve of money on accounts, debt recognitions or any other remuneration for himself or for a third party, before the end of the withdrawal periods referred to in Article 13.
For resale contracts, these prohibitions are valid before the sale actually took place or the contract was terminated by any other means.
Art. 18. For long-term vacation product contracts, payment is made according to a phased payment schedule. Any payment of the price set in the contract, which is not in accordance with the phased payment schedule, is prohibited. Payments, including any contributions, are divided into annuities, each being of equal value. The professional sends a request for payment in writing, on paper or other durable support, at least fourteen calendar days before each due date.
Without prejudice to the provisions of the common law to terminate the contract, the consumer may, from the second year, terminate the contract without compensation, giving notice to the professional within fourteen calendar days of receipt of the payment request for each annuity.
CHAPTER 8. - Sanctions
Section 1re. - Civilian sanctions
Art. 19. Is forbidden and null and void of full right:
(1) any clause by which the consumer waives the rights granted to it by this Act when the law applicable to the contract is the law of a Member State of the European Union;
(2) any clause that deprives the consumer of the protection granted by this Act when the law applicable to the contract is that of a third country, if:
- for contracts defined in Article 4, § 1er, which deals with the use of real estate, it is located in the territory of a Member State of the European Union;
- for other contracts defined in Article 4, § 1er, which are not directly related to real estate, the professional carries on a commercial or professional activity in a Member State or directs, in any way, its activity to a Member State and that the contract enters within the framework of that activity;
3° any clause by which the professional is exempt from the obligations under this Act.
Section 2. - Cessation
Art. 20. The termination action referred to in section 2 of the Act of 11 April 1999 relating to the cessation of offences under the Contracts Act relating to the acquisition of a right of use of shared-time immovables is filed upon application:
1° of interested persons;
2° of the Minister or Director General of the Directorate General Control and Mediation of the Federal Public Service Economy, P.M.E., Average Energy Class;
3° of a professional or interprofessional group with civil personality;
4° of an association whose purpose is to defend the interests of consumers and to enjoy civil personality as long as it is represented on the Consumer Council or is approved by the Minister, according to criteria determined by royal decree deliberated in the Council of Ministers.
By derogation from the provisions of articles 17 and 18 of the Judicial Code, associations and groups referred to in items 3 and 4 may take legal action to defend their statutory collective interests.
Art. 21. Sections 110 to 112 and 116 to 118 of the Act of 6 April 2010 on market practices and consumer protection are applicable to cessation action referred to in Article 20.
Section 3. - Warning procedure
Art. 22. Where it is found that an act constitutes an offence to this Act or its enforcement orders or that it may give rise to an action on termination in accordance with section 20, the agent that the Minister who has the Economy in his or her powers commissioned under section 27, § 1er, may send a warning to the offender to put an end to that act.
The notice shall be notified to the offender within three weeks of the date of the finding of the facts, by registered letter with acknowledgement of receipt or by a copy of the notice of the facts.
The warning mentions:
1° the facts charged and the legal provisions infringed;
2° the period in which it must be terminated;
3° that in the absence of any follow-up to the warning, either a cessation action will be formed in accordance with Article 20 or the agents commissioned under Article 27, § 1er or pursuant to section 28 may, respectively, notify the Crown Prosecutor or apply the settlement by transaction under section 28;
4° that the offender's commitment to ending the offence may be made public.
Section 4. - Penal sanctions
Art. 23. A fine of Euro250 to Euro20,000 shall be imposed on those who commit an offence to the provisions of this Act.
Art. 24. Are punished with a fine of 1,000 euros to 20,000 euros:
1° those who do not comply with a judgment or judgment rendered under section 20 following an action on termination;
2° those who voluntarily prevent or hinder the execution of the mission of the officers commissioned under Article 27, § 1erfor the purpose of investigating and detecting offences or breaches of the provisions of this Act;
3° those who voluntarily, in person or by person interposed, delete, conceal or lay completely or partially the posters affixed under sections 116 and 130 of the Act of 6 April 2010 on market practices and consumer protection.
Art. 25. Without prejudice to the application of the usual rules on recidivism, the penalty provided for in section 24 is doubled in the event of an offence referred to in the 1st of this article, acting within five years of the date of a conviction cast in force of a sentence pronounced by the head of the same offence.
Art. 26. Sections 128 and 130 to 132 of the Act of 6 April 2010 on market practices and consumer protection are applicable to offences under this Act.
CHAPTER 9. - Research and recognition of offences
Art. 27. § 1er. Without prejudice to the duties of judicial police officers, the agents commissioned by the Minister who has the Economy in his or her powers are competent to seek and observe the offences under this Act. The minutes issued by these officers are held to prove the contrary.
§ 2. In the performance of their duties, the agents referred to in § 1er may:
1° enter, during the usual hours of opening or working, in the workshops, buildings, adjacent courses and enclosures whose access is necessary for the fulfilment of their mission;
2to make all useful findings, to be produced, on first requisition and without displacement, the documents, documents or books required for their research and findings and to take a copy thereof;
3° seize, against receipt, the documents referred to in 2° that are necessary to prove an offence or to search for co-authors or accomplices of offenders;
4° if they have reason to believe in the existence of an offence, enter the inhabited premises with the prior authorization of the judge of the police court; visits to inhabited premises must be carried out between eight and eighteen hours and be made jointly by at least two officers.
§ 3. In the exercise of their function, the agents referred to in § 1er may require assistance from local or federal police.
§ 4. The commissioned officers exercise their powers under this section under the supervision of the Attorney General, without prejudice to their subordination to their superiors in the administration.
§ 5. In the case of application of Article 22, the minutes referred to in § 1er is transmitted to the King's Prosecutor only when it has not been given following the warning. In the event of the application of section 28, the minutes shall be transmitted to the King's Prosecutor only when the offender has not accepted the proposed transaction.
Art. 28. Agents commissioned for this purpose by the Minister who has the Economy in his or her powers may, in the light of the minutes that find an offence referred to in Articles 23 and 24 and drawn up by the agents referred to in Article 27, § 1er, propose to the offenders the payment of a sum that extinguishes public action.
The rates as well as the payment and collection modalities are fixed by the King.
Art. 29. § 1er. The Public Prosecutor's Office, in the light of the minutes issued pursuant to Article 27, § 1er, may order the seizure of property under the offence.
The commissioned officers, when they find an offence under the powers conferred on them by Article 27 § 1er, may, as a precautionary measure, proceed with the seizure of property subject to the offence. Such seizure shall be confirmed by the Public Prosecutor ' s Office within eight days, in accordance with the provisions of the first paragraph.
The person in whose hands the property is seized may be incorporated as a judicial guardian.
The seizure is brought up in full right by the judgment ending the prosecution, when this judgment has passed into force of judgment, or by classification without action.
The Public Prosecution Service may release the seizure that it has ordered or confirmed, if the offender renounces the offer of the property under the conditions giving rise to the prosecution; this waiver does not imply any recognition of the merits of these proceedings.
§ 2. The investigating judge, in the light of the minutes issued pursuant to Article 27, § 1er and finding violations of the provisions referred to in section 23, may, by reason of order, enjoin the communication technical operators, where they are in a position to do so, to suspend, within and for the time it determines and which may not exceed one month, the provision to the offender of the communication technique used for the purpose of carrying out the offence.
The examining magistrate may extend the effects of his or her order once or more; He must put an end to it as soon as the circumstances that justified him have disappeared.
CHAPTER 10. - Modificative, abrogatory and final provisions
Art. 30. Article 3, § 1erthe Consumer Credit Act of 12 June 1991, as amended by the Acts of 4 August 1992, 11 April 1999, 24 March 2003 and 13 June 2010, is supplemented by the 11°, as follows:
"11th interest-free and cost-free credit contracts that fall under section 18 of the Consumer Protection Act of 28 August 2011 in respect of contracts for the use of shared-time goods, long-term vacation products, resale and exchange."
Art. 31. At paragraph 9 of the Schedule to the Act of 26 May 2002 on intra-Community End-Up Shares in Consumer Interest Protection, the words "The Act of 11 April 1999 on contracts relating to the acquisition of a right to use shared-time immovables" are replaced by the words "The Act of 28 August 2011 on the protection of consumers in respect of contracts for the use of long-term, shared-time, exchange-time goods, and
Art. 32. The Act of 11 April 1999 on contracts relating to the acquisition of a right of use of shared-time buildings, as amended by the Acts of 19 January 2001, 24 December 2002 and 22 December 2009, is repealed.
Art. 33. The King may, by order deliberately in the Council of Ministers, adapt this Act to take into account any amendments to the Directive 2008/122/EC of the European Parliament and the Council of 14 January 2009 on consumer protection with respect to certain aspects of contracts for the use of shared property, long-term holiday products contracts and resale and exchange contracts.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 28 August 2011.
ALBERT
By the King:
Minister of Climate and Energy,
P. MAGNETTE
Minister for Business and Simplification,
VAN QUICKENBORNE
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
____
Note
(1) 2010-2011 session.
House of Representatives.
Documents. - Bill, 53-1458 - No. 1. - Amendment, 53-1458 - No. 2. - Report, 53-1458 - No. 3. - Text corrected by the commission, 53-1458 - No. 4. - Text adopted in plenary meeting and transmitted to the Senate, 53-1458 - No. 5.
Full report. - 23 June 2011.
Senate.
Documents. - Project referred to by the Senate, 5-1119, No. 1. - Report, 5-1119, No. 2. - Decision not to amend, 5-1119, No. 3.
Annales of the Senate. - 14 July 2011.

Annex 1re
Standard Form for Information on Contracts for the Use of Shared Time Assets
Part 1re :
Identity, place of residence and legal status of the professional(s) who will be a party(s) to the contract:
Brief description of the product (for example, description of the real estate):
Specific nature and content of the right(s):
Indicate the period in which the subject-matter of the contract may be exercised and, where applicable, the duration of the plan established:
Date from which the consumer may exercise the subject-matter of the contract:
If the contract concerns a specific property under construction, the date on which the accommodation and services/installations will be completed/available:
Price payable by the consumer for the acquisition of the right(s):
Overview of additional mandatory costs imposed under the contract; type of fee and indication of amounts (e.g. annual contributions, other recurring fees, special taxes, local taxes):
Summary of essential services made available to the consumer (e.g. electricity, water, maintenance, garbage removal) and an indication of the amount that the consumer must pay for them:
Summary of facilities available to the consumer (e.g. pool, sauna):
Are these facilities included in the above fees?
If not, specify what is included and what is not:
Is it possible to participate in an exchange system?
If so, indicate the name of the trading system:
Indication of participation/exchange costs:
Has the professional signed a code(s) of conduct and if yes where can we find it?
Part 2:
General information:
- the consumer has the right to withdraw from this contract without giving reasons within 14 calendar days from the conclusion of the contract or any binding preliminary contract or the receipt of such contracts if the contract takes place at a later date;
- during this period of withdrawal, any advance payment by the consumer is prohibited. This prohibition applies to any remuneration, including payment, guarantees, reserve of money on accounts, explicit recognition of debts, and applies not only to payment to the professional, but also to third parties;
- the consumer will not be exposed to any other costs or obligations as specified in the contract;
- in accordance with private international law, the contract may be governed by a law other than that of the Member State in which the consumer has his habitual residence or domicile and possible disputes may be brought before other jurisdictions than those of the Member State in which the consumer has his habitual residence or domicile.
Signature of the consumer:
Part 3:
Additional information to which the consumer is entitled and where they can be obtained (e.g. in which section of a general brochure), if not provided below:
1. INFORMATION ON HUMAN RIGHTS
- conditions for the exercise of the subject-matter of the contract in the territory of the Member State or the Member States in which the property(s) concerned are located; indicate whether these conditions have been met or, if not, specify which conditions are still to be met;
- when the contract provides for the occupancy rights of accommodation to be selected from a set of accommodations, information on any restriction of the consumer's ability to occupy all accommodation at any time.
2. INFORMATION RELATING TO GOODS
- where the contract relates to a specific real property, accurate and detailed description of the property and its situation; where the contract deals with several properties (multiple holiday areas);
- appropriate description of these assets and their situation; where the contract relates to accommodation other than real estate, appropriate description of accommodation and equipment;
- services (e.g. electricity, water, maintenance, garbage removal) to which the consumer has or will have access, and conditions of such access;
- where applicable, common facilities such as swimming pool, sauna, etc., to which the consumer has or will eventually have access and conditions of such access.
3. ADDITIONAL REQUIREMENTS FOR CONSTRUCTION
(if applicable)
- state of completion of housing and services making the property fully operational (gas, electricity, water and telephone connection) and any installation to which the consumer has access;
- deadline for completion of housing and services making the property fully operational (gas, electricity, water and telephone connection) and reasonable estimate of the completion time of any facility to which the consumer has access;
- number of the building permit and full name(s) and address(s) of the competent authority or authorities;
- guarantees relating to the proper completion of the accommodation or the reimbursement of any payment made in the event of non-completion of the property and, where applicable, the terms and conditions for the application of such guarantees;
4. INFORMATION ON COUTS
- accurate and appropriate description of all costs associated with the shared-time property contract; how these costs will be charged to the consumer, terms and time for the increase in these costs; method of calculating the amount of charges related to the occupation of real property, mandatory legal charges (e.g. taxes and royalties) and general administrative expenses (e.g. management, maintenance and repairs);
- where applicable, information regarding the existence of charges, mortgages, servitudes or any other privilege encumbering the property rights of accommodation.
5. INFORMATION RELATING TO THE RELEVANT
- where applicable, information on the terms and conditions of termination of by-law contracts and the consequences of such termination;
- conditions of termination of the contract, consequences of termination and information relating to any costs that may result from such termination, the consumer would be liable.
6. Additional information
- information on the terms and conditions under which the maintenance and repairs of real property are organized, as well as its administration and management; whether the consumer can influence and participate in decisions in this regard, and how,
- information on whether or not to participate in a system of resale of the subject-matter of the contract, information on this system and information on resale costs through this system;
- an indication of the language(s) that may be used for communications with the professional in relation to the contract, for example, with respect to management decisions, increased costs and the processing of questions and complaints;
- where applicable, possibility of extrajudicial resolution of disputes.
Accused of receipt of information:
Signature of the consumer:

Annex 2
Standard long-term vacation product contract information form
Part 1re :
Identity, place of residence and legal status of the professional(s) who will be a party(s) to the contract:
Brief description of the product :
Specific nature and content of the right(s):
Indicate the period in which the subject-matter of the contract may be exercised and, where applicable, the duration of the plan established:
Date from which the consumer may exercise the subject-matter of the contract:
Price to be paid by the consumer for the acquisition of the right(s), including any recurring costs that the consumer may incurred as a result of his right of access to accommodation, transportation and any other related product or service as indicated:
Schedule of instalment payment of this award setting annuities of an amount equal to be paid throughout the contract and dates to which they are to be paid:
After the first year, the amount of subsequent payments may be adjusted to ensure that the actual value of instalments is maintained, for example to account for inflation.
Overview of additional mandatory costs imposed under the contract; type of fee and indication of amounts (e.g. annual contributions):
Summary of essential services available to the consumer (e.g., hotel stays and low-cost flights):
Are they included in the above fees?
If not, specify what is included and what is not included (for example, a stay of 3 nights included in annual contributions; any other accommodation must be paid separately:
Has the professional signed a code(s) of conduct and if yes where can we find it?
Part 2:
General information:
- the consumer has the right to withdraw from this contract without giving reasons within 14 calendar days from the conclusion of the contract or any binding preliminary contract or the receipt of such contracts if the contract takes place at a later date;
- during this period of withdrawal, any advance payment by the consumer is prohibited. This prohibition concerns any remuneration, including payment, guaranteeing, booking money on accounts, explicit recognition of debts, and applies not only to payment to the professional, but also to third parties;
- the consumer has the right to terminate the contract without a penalty by giving notice to the professional within 14 calendar days after receipt of the payment request for each annuity;
- the consumer will not be exposed to any other costs or obligations as specified in the contract;
- in accordance with private international law, the contract may be governed by a law other than that of the Member State in which the consumer has his habitual residence or domicile and possible disputes may be brought before other jurisdictions than those of the Member State in which the consumer has his habitual residence or domicile.
Signature of the consumer:
Part 3:
Additional information to which the consumer is entitled and where they can be obtained (e.g. in which section of a general brochure), if not provided below:
1. INFORMATION ON HUMAN RIGHTS
- appropriate and correct description of the discounts offered for any future reservations, illustrated by a set of examples of recent offers;
- information on the restrictions of the consumer's ability to use these rights, such as availability or limited offers proposed according to the principle of "first arrival, first served" or discounts and special promotions with a time limit.
2. INFORMATION SUR LA RESILIATION DU CONTRAT
- where applicable, information on the terms and conditions of termination of by-law contracts and the consequences of such termination;
- conditions of termination of the contract, consequences of termination and information relating to any costs that may result from such termination, the consumer would be liable.
3. Additional information
- indication of the language(s) that may be used for communications with the professional in relation to the contract, for example, with regard to the handling of questions and complaints;
- where applicable, possibility of extrajudicial resolution of disputes.
Accused of receipt of information:
Signature of the consumer:

Annex 3
Standard resale contract information form
Part 1re :
Identity, place of residence and legal status of the professional(s) who will be a party(s) to the contract:
Brief description of services (e.g. marketing):
Contract duration:
Price to be paid by the consumer to benefit from the services:
Overview of additional mandatory costs imposed under the contract; type of fee and indication of amounts (e.g. local taxes, notary fees, advertising fees):
Has the professional signed a code(s) of conduct and if yes where can we find it?
Part 2:
General information:
- the consumer has the right to withdraw from this contract without giving reasons within 14 calendar days from the conclusion of the contract or any binding preliminary contract or the receipt of such contracts if the contract takes place at a later date;
- any advance payment by the consumer is prohibited until the sale has actually taken place or until it is terminated the resale contract by other channels. This prohibition concerns any remuneration, including payment, guaranteeing, booking money on accounts, explicit recognition of debts, and applies not only to payment to the professional, but also to third parties;
- the consumer will not be exposed to any other costs or obligations as specified in the contract;
- in accordance with private international law, the contract may be governed by a law other than that of the Member State in which the consumer has his habitual residence or domicile and possible disputes may be brought before other jurisdictions than those of the Member State in which the consumer has his habitual residence or domicile.
Signature of the consumer:
Part 3:
Additional information to which the consumer is entitled and where they can be obtained (e.g. in which section of a general brochure), if not provided below:
- conditions for termination of the contract, consequences of termination and information relating to any costs that may result from such termination, the consumer of which would be liable;
- indication of the language(s) that may be used for communications with the professional in relation to the contract, for example with regard to the handling of questions and complaints;
- where applicable, possibility of extrajudicial resolution of disputes.
Accused of receipt of information:
Signature of the consumer:

Annex 4
Standard Exchange Contract Information Form
Part 1re :
Identity, place of residence and legal status of the professional(s) who will be a party(s) to the contract:
Brief description of the product :
Specific nature and content of the right(s):
Indicate the period in which the subject-matter of the contract may be exercised and, where applicable, the duration of the plan established:
Date from which the consumer may exercise the subject-matter of the contract:
Price to be paid by the consumer for membership fees to the trading system:
Overview of additional mandatory costs imposed under the contract; type of fee and indication of amounts (e.g., renewal fees, other recurring fees, special taxes, local taxes):
Summary of essential services available to the consumer:
Are they included in the above fees?
If not, specify what is included and what is not included (type of fees and indications of amounts; For example, estimate of the price to be paid for individual exchange transactions, including any additional costs).
Has the professional signed a code(s) of conduct and if yes where can we find it?
Part 2:
General information:
The consumer has the right to withdraw from this contract without giving cause within 14 calendar days from the conclusion of the contract or any binding preliminary contract or the receipt of such contracts if the contract is later. In the event that the exchange contract is proposed with and at the same time as the contract for the use of shared-time property, only one withdrawal period applies to both contracts.
During this period of withdrawal, any advance payment by the consumer is prohibited. This prohibition concerns any remuneration, including payment, guaranteeing, booking money on accounts, explicit recognition of debts, and applies not only to payment to the professional, but also to third parties.
The consumer will not be exposed to other costs or obligations than those specified in the contract.
In accordance with private international law, the contract may be governed by a law other than that of the Member State in which the consumer has his habitual residence or domicile and any disputes may be brought before other jurisdictions than those of the Member State in which the consumer has his habitual residence or domicile.
Signature of the consumer:
Part 3:
Additional information to which the consumer is entitled and specific address to which they can be obtained (for example, in which section of a general brochure), if not provided below:
1. INFORMATION ON HUMAN RIGHTS
- explanation of the operation of the exchange system; opportunities and modalities for exchange; indication of the value attributed to the shared time of the consumer in the trading system and examples of concrete exchange opportunities;
- indication of the number of places of stay available and of participants in the exchange system, including any limitation regarding the availability of the accommodation chosen by the consumer, for example, due to peak periods, the possibility of a reservation in advance, and any restrictions of choice arising out of the shared user rights deposited by the consumer in the exchange system;
2. INFORMATION RELATING TO GOODS
- a brief and appropriate description of the property and their situation; where the contract relates to accommodation other than real property, appropriate description of accommodation and facilities; where the consumer can get additional information;
3. INFORMATION ON COUTS
- information on the professional's obligation to provide details before an exchange is organized, with respect to each proposed exchange, on any possible additional costs of which the consumer is held in the context of the exchange;
4. INFORMATION SUR LA RESILIATION DU CONTRAT
- where applicable, information on the terms and conditions of termination of by-law contracts and the consequences of such termination;
- conditions of termination of the contract, consequences of termination and information relating to any costs that may result from such termination, the consumer would be liable.
5. Additional information
- indication of the language(s) that may be used for communications with the professional in relation to the contract, for example with regard to the handling of questions and complaints;
- where applicable, possibility of extrajudicial resolution of disputes.
Accused of receipt of information:
Signature of the consumer:

Annex 5
Standard separate withdrawal form to facilitate the right of withdrawal
Right of withdrawal
The consumer has the right to withdraw from this contract without giving cause within 14 calendar days.
The right of withdrawal is short from (to be completed by the professional before the form is transmitted to the consumer).
If the consumer does not receive this form, the withdrawal period is short from the time the consumer receives the full information, but expires in all cases after a year and fourteen calendar days.
If the consumer does not receive all the information required, the period of withdrawal is short from the time the consumer receives the full information, but expires in all cases after three months and fourteen calendar days.
To exercise the right of withdrawal, the consumer notifies his decision to withdraw to the professional on the name and address indicated below using a "sustainable medium" (for example, written letter sent by mail, e-mail). The consumer may, if he wishes, use this form.
If the consumer exercises the right of withdrawal, he is not required to pay any fees.
In addition to the right of withdrawal, national contract legislation may provide for consumer rights, such as the right to terminate the contract when certain information has not been provided.
Prohibition of advance payments
During the withdrawal period, any advance payment by the consumer is prohibited. This prohibition concerns any remuneration, including payment, guaranteeing, booking money on accounts, explicit recognition of debts.
It applies not only to payment made to a professional, but also to payment made to third parties.
Notification of withdrawal
A (name and address of professional) (*).
- I/we (**) undersigned notifies/notices ma/notre (**) contract withdrawal:
- Contract entered into:
- Name of consumer(s):
- Address(s) of the consumer(s):
- Signature of consumer(s) (only if this form is notified in writing) (***):
- Date (***):
(*) Field to be completed by the professional before giving the form to the consumer.
(**) Delete the useless mention.
(***) The scope to be completed by the consumer(s) when this form is used for contract withdrawal.
Accused of receipt of information:
Signature of the consumer: