Law On Consumer Agreements For Occupancy Of Lodging On A Timeshare Basis, Long-Term Holiday Products, Etc. Reprinted Definitive Series

Original Language Title: Lov om forbrugeraftaler om brugsret til logi på timesharebasis, længerevarende ferieprodukter m.v. Omtryk

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Overview (table of contents) Chapter 1 scope and definitions of the law, etc.

Chapter 2 Information, etc.

Chapter 3 of the agreement, content and language, etc.

Chapter 4 the right of withdrawal, etc.

Chapter 5 Associated agreements Chapter 6 prepayment etc.

Chapter 7 Lodging etc. under construction Chapter 8 Special provisions concerning agreements on long-term holiday products Chapter 9 Chapter 10 Chapter 11 Penalty of law's entry into force, etc.

Annex 1



Annex 2



Annex 3



Annex 4



Annex 5 The full text of the law on consumer agreements for occupancy of lodging on a timeshare basis, long-term holiday products, etc. 1)

WE, MARGRETHE the SECOND, by the grace of God Queen of Denmark, do indeed: the Danish Parliament has adopted and we know Our consent confirmed the following law: Chapter 1 scope and definitions of the law, etc.

§ 1. The law applicable to consumer contracts for the right to use accommodation on a timeshare basis, long-term holiday products, dissemination of occupancy of lodging on a timeshare basis and long-term holiday products as well as exchange of occupancy of lodging on a timeshare basis.

(2). Act §§ 5 and 6 applies also for the commercial provision of the agreements referred to in paragraph 1.

(3). The law does not apply to contracts for the purchase of packages covered by the law on package travel.

(4). The law can not agreements to derogate, to the detriment of the consumer.

§ 2. By a consumer contract for the purposes of this Act an agreement, as a trader is part of his profession, when the other party (the consumer) mainly acting outside his profession.

(2). The operator has the burden of proving that an agreement is not a consumer contract.

(3). As consumer contract shall be deemed to be under the same conditions, moreover, as referred to in paragraph 1 also any agreement as referred to in § 3, nr. 1, 2 and 4, which were concluded or disseminated for a consumer (the seller) of a trader.

§ 3. For the purposes of this law: 1) Timeshare agreement: an agreement of more than 1 year's duration, by which a consumer, for consideration, acquires the right to use one or more technologies with accommodation option in two or more defined period of time.

2) agreement on long-term holiday product: an agreement of more than 1 year's duration, by which a consumer, for consideration, acquires primarily the right to obtain discounts or other benefits in connection with lodging alone or in conjunction with transportation or other services.

3) Intermediation agreement: A contract by which a trader against consideration assists a consumer to sell or buy a right of user on a timeshare basis or a long-term holiday product.

4) Swap agreement: A contract by which a consumer against consideration joins a barter arrangement, whereby he or she gets the right to use a bed & Breakfast with accommodation or access to other services to give other persons temporary access to take advantage of the rights which consumers have under a timeshare arrangement entered into.

5) associated with the agreement: an agreement whereby the consumer acquires services which are related to a timeshare contract or an agreement on a long-term holiday product, and as provided by the trader or a third party on the basis of an arrangement between that third party and the trader.

6) durable medium: A device which enables the consumer or the trader is able to store information that is sent to that person, in such a way that they are available for a period appropriate to the purpose, and which allows the unchanged reproduction of the information stored.

§ 4. When calculating the duration of a timeshare contract or an agreement on a long-term holiday product, see. § 3, nr. 1 and 2, account shall be taken of any provision of the agreement, allowing for tacit renewal or prolongation.

Chapter 2 Information, etc.

§ 5. Before the conclusion of any agreement as referred to in § 3, nr. 1-4, the trader in a clear and understandable way provide the consumer with the following information: 1) the information specified in annex 1 to the law when it comes to a timeshare agreement.

2) the information specified in annex 2 to the law when it comes to an agreement on a long-term holiday product.

3) the information specified in annex 3 to this law, when it comes to an interchange agreement.

4) the information specified in annex 4 to the law when it comes to a swap agreement.

(2). The information referred to in paragraph 1 shall be provided free of charge on paper or another durable medium, using the relevant standard information sheet in the law's annex 1-4. The information set out in part 3 of the Act Annex 1-4 may, however, be given otherwise than by the use of the relevant standard information template part 3.

§ 6. Brochures, ads, and other marketing communications relating to agreements as referred to in § 3, nr. 1-4, must include a statement that it is possible to get to in § 5, paragraph 1, the information referred to, and on where the information can be obtained.

(2). Are offered at a promotional event the consumer of any agreement as referred to in § 3, nr. 1-4, the trader in the invitation clearly indicate the commercial purpose of the event, as well as the nature of the exhibition. The information referred to in section 5, paragraph 1, must be available to the consumer during the whole event.

(3). Agreements as referred to in § 3, nr. 1 and 2, shall not be marketed or sold as an investment.

Chapter 3 of the agreement, content and language, etc.

§ 7. Any agreement as referred to in § 3, nr. 1-4 shall be drawn up on paper or other durable medium and signed by both parties, and the agreement must be drawn up in the language consequences of § 8. Otherwise, the agreement is not binding on the consumer. The operator shall, in connection with the conclusion of the agreement to hand over a copy of the agreement to the consumer.

(2). The information is provided to the consumer in accordance with section 5, paragraph 1, constitutes an integral part of the agreement and must be changed only if 1) it is expressly agreed between the parties or 2 changes are due to unusual and unforeseeable circumstances), as the operator may not have had an influence on, and if it follows for the trader has not been possible to avoid.

(3). Before an agreement is reached, the trader on paper or other durable medium to inform the consumer about the changes referred to in paragraph 2, and the changes must be explicitly stated in the agreement.

(4). The agreement shall, in addition to the information referred to in section 5, paragraph 1, specify the name and physical address of the parties to the agreement as well as the date and place of conclusion of the contract.

(5). Prior to the conclusion of a contract, the trader shall explicitly draw the consumer's attention to the right of withdrawal, the withdrawal period and the prohibition of advance payments before the expiry of the withdrawal period referred to in article 6. sections 9 and 14. The operator must also ensure that the agreement the provisions thereof shall be signed separately by the consumer.

(6). The agreement must contain a separate standard withdrawal form and filled out in accordance with annex 5 of the Act.

§ 8. The consumer is a national of or domiciled in a country within the European economic area, the agreement, including those referred to in section 5, paragraph 1, the information referred to, be written in the language or one of the official languages of the country in which the consumer has his habitual residence, or where the consumer is a national. The consumer can choose between the appropriate language, but there can only be selected one of the official languages of the EU, Norwegian or Icelandic.

(2). If a timeshare agreement concerns a specific immovable property, which is situated within the European economic area, the operator in connection with the conclusion of the agreement to the consumer supply a certified translation of the agreement into the official language, or one of these languages in the country where the immovable property is situated.

Chapter 4 the right of withdrawal, etc.

§ 9. The consumer may, within a period of 14 days to resign from the agreements as referred to in § 3, nr. 1-4 (right of withdrawal).

(2). The period during which the right of cancellation under paragraph 1, shall begin from 1) the day on which the agreement is entered into, or 2) the day on which the consumer receives the contract if this time is later than the date after no. 1. The provisions of paragraph 3. If the consumer in connection with a timeshare agreement have concluded an exchange agreement and both agreements are offered to the consumer at the same time, the cooling-off period for both contracts runs from the date on which the timeshare agreement concluded or, if that date is later, from the day on which the consumer has received the timeshare agreement.

(4). Will the consumer exercise his right of withdrawal, the consumer shall inform the trader this before the expiry of the deadline referred to in paragraph 1, without prejudice to article. However, section 10. The notification must be made on paper or another durable medium. The consumer can make use of the standard withdrawal form in annex 5 of the Act. The deadline is deemed met if the notice is dispatched before the withdrawal deadline. The period shall expire on a Sunday or public holiday, a Saturday or Constitution Day, the deadline is extended until the first following working day.


§ 10. The agreement does not contain a separate standard withdrawal form, see. section 7, paragraph 6, which is filled in by the trader and provided to the consumer on paper or another durable medium, the consumer can make the in section 9, paragraph 1, referred to the right of withdrawal in force, on condition that the consumer not later than 1 year and 14 days after the day that is referred to in section 9, paragraph 2, no later than 14 days after the day on which the standard withdrawal form has come forward to the consumer shall notify the trader to the consumer will resign from the agreement. § 9, paragraph 4, shall apply mutatis mutandis.

(2). If they are in section 5, paragraph 1, the information referred to, including the applicable standard information sheet, is not given to the consumer on paper or another durable medium, the consumer can make the in section 9, paragraph 1, the said period in force, on condition that the consumer not later than 3 months and 14 days after the day that is referred to in section 9, paragraph 2, no later than 14 days after the day where the said information, including standard information sheet, have come forward to the consumer, the operator shall notify the consumer will resign from the agreement. § 9, paragraph 4, shall apply mutatis mutandis.

§ 11. Enter the consumer back from the agreement in accordance with §§ 9 or 10, the operator may not make claims regarding the agreement applicable to the consumer.

Chapter 5 Associated agreements § 12. The consumer shall, in agreement with the operator got deferred all or a part of the agreed payment, or cover the agreed payment in whole or in part by loans granted to the consumer by a third party on the basis of an agreement to that effect between this and the trader, the credit agreement shall lapse if the consumer in accordance with §§ 9 or 10 shall resign from any agreement as referred to in § 3 , nr. 1-4. the provisions of paragraph 2. Cancelled credit agreement pursuant to paragraph 1, the consumer is not on this occasion be required to pay any amount to the creditor, except amounts that consumers have borrowed and received under the credit agreement.

§ 13. An exchange agreement or a related agreement will lapse, if the consumer in accordance with §§ 9 or 10 resigns from the timeshare agreement or agreement for a long-term holiday product, as a bargaining agreement or the associated agreement relates.

(2). Lapse a barter agreement or associated with the agreement in application of paragraph 1, the consumer is not on this occasion be required to pay any amount to the trader.

Chapter 6 prepayment etc.

§ 14. Before the cooling-off period has expired, without prejudice. sections 9 and 10, the trader, a third party on the basis of an agreement to that effect between this and the operator or a creditor referred to in section 12 is not in connection with agreements as referred to in § 3, nr. 1, 2 and 4, demand or receive any type of prepayment, guarantees, reservation of money on an account, the recognition of debt or any other consideration of the consumer.

(2). By brokerage agreements, see. § 3, nr. 3, must the trader or a third party on the basis of an agreement to that effect between this and the trader does not demand or receive any type of prepayment, guarantees, reservation of money on an account, the recognition of debt or any other consideration of the consumer, before the sale has taken place or intermediary agreement otherwise is brought to an end.

Chapter 7 Lodging etc. under construction section 15. Is a b & b, including a building, or such common facilities, which the consumer after a timeshare agreement shall have access to, under construction at the conclusion of the agreement, the operator shall make a reassuring certainty, which will cover the consumer's requirements on the repayment of sums paid by the consumer, if the contract lapses as a result of the accommodation will not be finished.

(2). Before the operator has lodged the security referred to in paragraph 1, the consumer shall be under no obligation to pay any amounts in connection with the agreement or to provide security for payment.

Chapter 8 Special provisions concerning agreements on long-term holiday products § 16. Know of any agreement as referred to in § 3, nr. 2, the consumer's payment must be carried out in accordance with a payment schedule. Payments, including any membership fee shall be divided in equal annual installments. The operator must not receive payments in violation with the payment schedule.

(2). The operator must send the consumer a written payment request on paper or other durable medium within 14 days before the due date of the annual rate, see. (1). § 9, paragraph 4 4. paragraph shall apply mutatis mutandis.

(3). The consumer may terminate any agreement as referred to in § 3, nr. 2, from and with the payment of the second annual installment. Will the consumer terminate an agreement after 1. section, the consumer shall inform the trader within 14 days after receipt of a request for payment by the consumer in accordance with paragraph 2. § 9, paragraph 4 4. paragraph shall apply mutatis mutandis.

(4). Upon the termination of an agreement under paragraph 3, the consumer is not on this occasion be required to pay any amount to the trader.

Chapter 9 applicable law § 17. If the law of a country outside the European economic area shall apply to the contract, the consumer may rely on the provisions of Directive 2008/122/EC as implemented in the Member State where the Court is located, when the 1) the property or any of the immovable properties, which the agreement attaches itself to, is located in a country within the European economic area or 2) the trader in connection with an agreement that are not directly linked to a real estate, exercises its business or professional activities in a country within the European economic area or in any other way inform its activities against a country within the European economic area and the agreement falls under these activities.

Chapter 10 Penalty section 18. Violation of § 6 punished with fines. The same applies to the gross or more often repeated violation of § 5, section 7 (1), (3). paragraph, section 8, paragraph 2, section 14 and section 16 (1), (3). section, unless stricter punishment is inflicted upon other law.

(2). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.

Chapter 11 entry into force, etc.

§ 19. The law will enter into force on 23. February 2011. § § 1-4 and 7-18 has effect for contracts concluded after the entry into force of the Act.

(2). Act No. 234 of 2. April 1997 on consumer contracts, which gives the right to use immovable property on a timeshare basis, is repealed. The law shall, however, continue to apply to consumer contracts that give the right to use immovable property on a timeshare basis, if the agreement is concluded before the entry into force of this law.

§ 20. Of the Act on consumer protection in the acquisition of real estate, etc., see. lovbekendtgørelse nr. 1142 by 28. September 2007, as amended by § 19 of the lov nr. 1532 of 21. December 2010, is amended as follows: 1. In article 6, paragraph 2, the words ' the law on contracts concluded with consumers, which gives the right to use immovable property on a timeshare basis ' is replaced by: ' law on consumer agreements for occupancy of lodging on a timeshare basis, long-term holiday products, etc. «§ 21. In Act No. 451 of 9. June 2004 on certain consumer contracts, as amended by section 112 of the Act No. 385 of 25. May 2009, law No. 492 of 12. June 2009 and section 4 of Act No. 1553 by 21. December 2010, is amended as follows: 1. section 9, paragraph 2, no. 4, is replaced by the following: ' 4) agreements covered by article 1, paragraph 1, of the law on consumer agreements for occupancy of lodging on a timeshare basis, long-term holiday products, etc. and ' § 22. The law does not apply to the Faroe Islands and Greenland.

(2). The law, however, by Royal Decree can be totally or partially into force for Greenland of the changes which the Greenlandic conditions warrant.

Given at Amalienborg, the 15. February 2011 Under Our Royal hand and Seal MARGRETHE r./Lars Barfoed



Annex 1 STANDARD INFORMATION SHEET FOR TIMESHARE AGREEMENTS part 1:



Identity, home and legal status of the person or trader who becomes a party to the agreement:





 



 





Short description of the product (URf.eks. Description of the immovable property):





 



 





The exact nature and content of the lease/rights:





 



 





Precise indication of the period in which the right is, the agreement provides, may be exercised and, if necessary, its duration:





 



 





The date from which the consumer can take advantage of the privilege, the agreement provides:





 



 





If the agreement relates to a specific property that is under construction, please indicate the date when the accommodation and services/facilities will be completed/available:





 



 





The price that the consumer must pay to acquire the rights/privileges:





 



 






Overview of the additional compulsory expenditure deriving from the agreement; According to their type and size (URf.eks. annual fees, other recurrent fees, special levies, local taxes):





 



 





Summary of the main services that the consumer has access to (URf.eks. electricity, water, maintenance, refuse collection), and an indication of the amount that the consumer must pay for them:





 



 





Summary of the facilities, as the consumer gets access to the (URf.eks. pool or sauna):





 



 





These facilities are included in the above cost?





 



 





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





 



 





Is it possible to come up with in a barter system?





 



 





If so, specify Exchange scheme:





 



 





Cost for membership/Exchange:





 



 





Code of conduct (s) which the trader is a signatory of, and where the (de), where appropriate, can be found:





 



 









Part 2:



General information:





 



 









The consumer has the right to withdraw from this agreement without justification until 14 calendar days after the conclusion of the contract or any binding preliminary agreement or from receipt of these agreements, whichever occurs last.





 

 

 



 









Within this period, any advance payment by the consumer is prohibited. The prohibition concerns any consideration, including payment, provision of guarantees, the blocking of money on accounts, explicit acknowledgement of debt etc. It includes not only payment to the trader, but also to third parties.





 

 

 



 









There is not consumer costs or obligations other than those specified in the agreement.





 

 

 



 









In accordance with international private law agreement can be concluded pursuant to a law other than the law of the Member State in which the consumer is resident or has his habitual residence, and any disputes can be brought before courts other than the courts of the Member State in which the consumer is resident or has his habitual residence.





 

 

 





The consumer's signature:





 









Part 3:



Additional information, which the consumer is entitled to receive, and exactly where they exist (URf.eks. in the chapter of a general brochure) if they do not please indicate below:





 





1)





INFORMATION ABOUT THE RIGHTS ACQUIRED





 

 

 



 









The conditions for the exercise of the right, the agreement relates, at the Member State or Member States in which the site (s) is located, and information as to whether these conditions have been met, or, if this is not the case, what are the conditions that have not yet been met.





 

 

 



 









If the agreement involves the rights to use a lodging, selected from a variety of technologies, please indicate information about restrictions in the consumer's options to use any b & b in any given period of time.





 

 

 





2)





INFORMATION ABOUT THE PROPERTIES





 

 

 



 









When the agreement relate to a specific immovable property, an accurate and detailed description of this and its location. If the agreement relates to multiple properties (multiresorts), an appropriate description of the properties and their location. If the agreement relates to other forms of lodging than immovable property, an appropriate description of the accommodation and facilities.





 

 

 



 









The services (URf.eks. electricity, water, maintenance, refuse collection) to which the consumer has or will have access to, and the conditions for so doing.





 

 

 



 









Where applicable, the common facilities, such as swimming pool, sauna, etc., to which the consumer might have or will have access to, and the conditions for so doing.





 

 





3)





ADDITIONAL REQUIREMENTS for ACCOMMODATION UNDER CONSTRUCTION (where appropriate)





 

 

 



 









The degree of completion of the accommodation and the services that are needed to make the accommodation fully operational (gas, electricity, water connection and phone), and of any facilities to which the consumer has access to.





 

 

 



 









The deadline for completion of the accommodation and the services needed to make it fully operational (connection to gas, electricity, water and telephone), and a reasonable estimate of how long it will last before any facilities to which the consumer will have access to, is finished.





 

 

 



 









The number of the building permit and the name and complete address of the competent authority or authorities.





 

 

 



 









Guarantee for completion of the accommodation or a guarantee of reimbursement of any payment made if the accommodation is not completed and, where applicable, the conditions that apply to the settlement of these guarantees.





 

 

 





4)





INFORMATION ABOUT THE COST





 

 

 



 










An accurate and appropriate description of all the costs associated with the timeshare contract; how these costs will be imposed on the consumer, and how and when such costs may be increased; method for calculating costs in connection with the use of the property, statutory costs (taxes, duties, etc.) and administrative costs (administration, maintenance, repairs, etc.).





 

 

 



 









Where applicable, information on whether there are fixed charges, mortgages, encumbrances or any other liens on the accommodation.





 

 

 





5)





INFORMATION ON TERMINATION OF THE AGREEMENT





 

 

 



 









Where appropriate, information on the rules for bringing an end to the agreements and associated consequences.





 

 

 



 









Conditions in order to bring the agreement to an end, the consequences of termination, and information on any liability of the consumer for any costs.





 

 

 





6)





SUPPLEMENTARY INFORMATION





 

 

 



 









Information about how maintenance, repair, administration and operation of the property is organized, including whether and how consumers may influence and participate in the decisions.





 

 

 



 









Information about whether it is possible to join a system of resale of the rights agreement provides, information about the relevant schemes and an indication of costs related to resale as part of such a scheme.





 

 

 



 









Information about which language, or languages, communication with the operator relating to the agreement may be carried on, URf.eks. on operational decisions, spending increases and the handling of queries and complaints.





 

 

 



 









Where appropriate, the possibility for out-of-court dispute resolution.





 









Acknowledgement of receipt of information:

The consumer's signature: Annex 2



STANDARD INFORMATION SHEET FOR AGREEMENTS ON





LONG-TERM HOLIDAY PRODUCTS











Part 1:









Identity, home and legal status of the person or trader who becomes a party to the agreement:





 



 





Short description of the product:





 



 





The exact nature and content of the lease/rights:





 



 





Precise indication of the period in which the right is, the agreement provides, may be exercised and, if necessary, its duration:





 



 





The date from which the consumer can take advantage of the privilege, the agreement provides:





 



 





The price that the consumer must pay to acquire the rights/rights, including any recurring costs which the consumer must expect to incur as a result of his or her right to obtain access to the accommodation, travel and any specified, related products or services:





 



 





The payment schedule setting out equal installments for each year of the duration of the payment of that price, and the dates when they are due for payment:





 



 





After the first year they can subsequently be adjusted amount in order to ensure that the real value of those instalments is maintained, URf.eks. in order to take account of inflation.





 



 





Overview of the additional compulsory expenditure deriving from the agreement; According to their type and size (URf.eks. annual membership fees):





 



 





Summary of the main services which are available to the consumer (URf.eks. discount on hotel accommodation and flights):





 



 





Are these included in the above cost?





 



 





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





 



 





Code of conduct (s) which the trader is a signatory of, and where the (de), where appropriate, can be found:





 



 









Part 2:



General information:





 



 









The consumer has the right to withdraw from this agreement without justification until 14 calendar days after the conclusion of the contract or any binding preliminary agreement or from receipt of these agreements, whichever occurs last.





 

 

 



 









Within this period, any advance payment by the consumer is prohibited. The prohibition concerns any consideration, including payment, provision of guarantees, the blocking of money on accounts, explicit acknowledgement of debt etc. It includes not only payment to the trader, but also to third parties.





 

 

 



 









The consumer has the right to terminate the contract without being sanctioned by notice to the trader within 14 calendar days after receipt of the request for payment of each annual instalment.





 

 

 



 









There is not consumer costs or obligations other than those specified in the agreement.





 

 

 



 










In accordance with international private law agreement can be concluded pursuant to a law other than the law of the Member State in which the consumer is resident or has his habitual residence, and any disputes can be brought before courts other than the courts of the Member State in which the consumer is resident or has his habitual residence.





 

 

 





The consumer's signature:





 









Part 3:



Additional information, which the consumer is entitled to receive, and exactly where they exist (URf.eks. in the chapter of a general brochure) if they do not please indicate below:





 





1)





INFORMATION ABOUT THE RIGHTS ACQUIRED





 

 

 



 









An appropriate and correct description of the discounts that apply for future reservations, illustrated by examples from current deals.





 

 

 



 









Information about restrictions in the consumer's opportunities to use the rights, as URf.eks. limited selection or discount on a first come, first served, time restrictions on special promotions and special offers.





 

 

 





2)





INFORMATION ON TERMINATION OF THE AGREEMENT





 



 









Where appropriate, information on the rules for bringing an end to the agreements and associated consequences.





 

 

 



 









Conditions in order to bring the agreement to an end, the consequences of termination, and information on any liability of the consumer for any costs.





 

 

 





3)





SUPPLEMENTARY INFORMATION





 



 









Information about which language, or languages, communication with the operator relating to the agreement may be carried on, URf.eks. relating to the handling of queries and complaints.





 

 

 



 









Where appropriate, the possibility for out-of-court dispute resolution.





 

 

 









Acknowledgement of receipt of information:

The consumer's signature: Annex 3 STANDARD INFORMATION SHEET FOR BROKERAGE AGREEMENTS part 1:



Identity, home and legal status of the person or trader who becomes a party to the agreement:





 



 





Brief description of the services (URf.eks. marketing):





 



 





The duration of the agreement:





 



 





The price that the consumer has to pay in order to receive the services:





 



 





Overview of the additional compulsory expenditure deriving from the agreement; According to their type and size (URf.eks. local taxes, notary fees, cost of advertising):





 



 





Code of conduct (s) which the trader is a signatory of, and where the (de), where appropriate, can be found:





 



 









Part 2:



General information:





 

 

 



 









The consumer has the right to withdraw from this agreement without justification until 14 calendar days after the conclusion of the contract or any binding preliminary agreement or from receipt of these agreements, whichever occurs last.





 

 

 



 









Any advance payment by the consumer is prohibited until the actual sale has taken place, or intermediary agreement otherwise is brought to an end. The prohibition concerns any consideration, including payment, provision of guarantees, the blocking of money on accounts, explicit acknowledgement of debt etc. It includes not only payment to the trader, but also to third parties.





 

 

 



 









There is not consumer costs or obligations other than those specified in the agreement.





 

 

 



 









In accordance with international private law agreement can be concluded pursuant to a law other than the law of the Member State in which the consumer is resident or has his habitual residence, and any disputes can be brought before courts other than the courts of the Member State in which the consumer is resident or has his habitual residence.





 

 

 





The consumer's signature:





 









Part 3:



Additional information, which the consumer is entitled to receive, and exactly where they exist (URf.eks. in the chapter of a general brochure) if they do not please indicate below:





 



 









Conditions in order to bring the agreement to an end, the consequences of termination, and information on any liability of the consumer for any costs.





 

 

 



 









Information about which language, or languages, communication with the operator relating to the agreement may be carried on, URf.eks. relating to the handling of queries and complaints.





 

 

 



 









Where appropriate, the possibility for out-of-court dispute resolution.





 

 

 









Acknowledgement of receipt of information:

The consumer's signature: Annex 4 STANDARD INFORMATION SHEET FOR SWAP AGREEMENTS part 1:



Identity, home and legal status of the person or trader who becomes a party to the agreement:





 



 





Short description of the product:





 



 





The exact nature and content of the lease/rights:





 



 






Precise indication of the period in which the right is, the agreement provides, may be exercised and, if necessary, its duration:





 



 





The date from which the consumer can take advantage of the privilege, the agreement provides:





 



 





The price, the consumer has to pay in fees to be a member of the exchange scheme:





 



 





Overview of the additional compulsory expenditure deriving from the agreement; According to their type and size (URf.eks. annual fees, other recurrent fees, special levies, local taxes):





 



 





Summary of the main services that the consumer will have access to:





 



 





Are these included in the above cost?





 



 





If not specified, in what is included and what has to be paid for (according to their type and size, URf.eks. a discretionary Declaration of the price to be paid for individual exchange transactions, including any additional costs):





 



 





Code of conduct (s) which the trader is a signatory of, and where the (de), where appropriate, can be found:





 



 









Part 2:



General information:





 



 









The consumer has the right to withdraw from this agreement without justification until 14 calendar days after the conclusion of the contract or any binding preliminary agreement or from receipt of these agreements, whichever occurs last. If the swap agreement is offered together with and at the same time as the timeshare contract, apply for both agreements only one single period.





 

 

 



 









Within this period, any advance payment by the consumer is prohibited. The prohibition concerns any consideration, including payment, provision of guarantees, the blocking of money on accounts, explicit acknowledgement of debt etc. It includes not only payment to the trader, but also to third parties.





 

 

 



 









There is not consumer costs or obligations other than those specified in the agreement.





 

 

 



 









In accordance with international private law agreement can be concluded pursuant to a law other than the law of the Member State in which the consumer is resident or has his habitual residence, and any disputes can be brought before courts other than the courts of the Member State in which the consumer is resident or has his habitual residence.





 

 

 





The consumer's signature:





 









Part 3:



Additional information, which the consumer is entitled to receive, and exactly where they exist (URf.eks. in the chapter of a general brochure) if they do not please indicate below:





 

 

 





1)





INFORMATION ABOUT THE RIGHTS ACQUIRED





 

 

 



 









Explanation of how the Exchange system works; Exchange opportunities and modalities for doing so; an indication of the value that the consumer's timeshare conferred in exchange scheme, and examples of concrete exchange possibilities.





 

 

 



 









Information on the number of resorts available and the number of members in the Exchange system, including any limitations with regard to the availability of specific technologies, which the consumer might choose URf.eks. as a result of the high season periods, if it needs that can be to book far in advance, and whether any restrictions with regard to the elections as a result of the timeshare rights that the consumer has put into the exchange scheme.





 

 

 





2)





INFORMATION ABOUT THE PROPERTIES





 

 

 



 









A map and appropriate description of the properties and their location. If the agreement relates to other forms of lodging than immovable property, an appropriate description of the accommodation and facilities. An indication of where the consumer can obtain further information.





 

 

 





3)





INFORMATION ABOUT THE COST





 

 

 



 









Information about the trader's obligation to, before an Exchange is arranged, and for every single proposal to swap to provide detailed information about any additional costs to be borne by the consumer, in connection with the spoils.





 

 

 





4)





INFORMATION ON TERMINATION OF THE AGREEMENT





 

 

 



 









Where appropriate, information on the rules for bringing an end to the agreements and associated consequences.





 

 

 



 









Conditions in order to bring the agreement to an end, the consequences of termination, and information on any liability of the consumer for any costs.





 

 

 





5)





SUPPLEMENTARY INFORMATION





 

 

 



 









Information about which language, or languages, communication with the operator relating to the agreement may be carried on, URf.eks. relating to the handling of queries and complaints.





 

 

 



 









Where appropriate, the possibility for out-of-court dispute resolution.





 

 









Acknowledgement of receipt of information:

The consumer's signature: Annex 5 SEPARATE SCHEMA to FACILITATE the EXERCISE of the RIGHT of WITHDRAWAL right of withdrawal





 






The consumer has the right to withdraw from this agreement without justification within 14 calendar days.





 





The right of withdrawal shall apply from ... ... ... ... ... ... ... ... ... ... (to be filled in by the trader before the form is given to the consumer).





 





If the consumer has not received this form, the withdrawal period begins to run when the consumer has received this form, but expires in any case after 1 year and 14 calendar days.





 





If the consumer has not received all the required information, the withdrawal period begins to run when the consumer has received that information, but expires in any case after 3 months and 14 calendar days.





 





In order to exercise the right of withdrawal the consumer shall inform the trader of the basic regulation. the name and address listed below, using a durable medium (URf.eks. a letter sent by post or email). The consumer can make use of this scheme, but it is not a condition.





 





Using the right of withdrawal, the consumer shall be liable for any expenses the person does not.





 





In addition to the right of withdrawal may national contract law rules provide consumers with rights, URf.eks. to terminate the agreement in case of omission of information.





 





Ban on prepay:





 





During the cooling-off period is any advance payment by the consumer is prohibited. The prohibition concerns any consideration, including payment, provision of guarantees, the blocking of money on accounts, explicit acknowledgement of debt etc.





 





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





 



 





Notice of withdrawal





 



 









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





 

 

 



 









I/we (**) announces hereby that I/we (**) Decides to resign from the agreement





 

 

 



 









Date of conclusion of the contract (*):





 

 

 



 









The consumer/consumer's name (s) (* * *):





 

 

 



 









The consumer/consumer's address (r) (* * *):





 

 

 



 









The consumer/consumer's signature (s) (only if this message is issued on paper) (* * *):





 

 

 



 









Date (***):





 

 

 



 



(*)





To be filled in by the trader before the form is handed over to the consumer.





 



(**)





It is not relevant.





 



(***)





To be filled in by the consumer/consumers, if this form is used to resign from the agreement.











Acknowledgement of receipt of information:

The consumer's signature: Official notes 1) Law transposes European Parliament and Council Directive 2008/122/EC of 14. January 2009 on the protection of consumers in respect of certain aspects of timeshares, long-term holiday products, agreements on resale and exchange contracts, the official journal of the European Union 2009 nr. L 33, page 10.