1 Cape. Introductory provisions
The scope of the law
section 1 of this Act applies to agreements between a trader and a
consumer under which the trader against consideration gives
the consumer's right to
1. during regular periods make use of one or more
overnight accommodation (timeshare),
2. during vacation or otherwise make use of the accommodation discounts
or similar benefits (long-term agreements
Holiday product),
3. get help from professional to transfer or acquire the right
to a timeshare or a long-term holiday product
(interchange agreements), or
4. join a system that provides access to
overnight accommodation or other services in Exchange for
anyone else for some time may make use of the consumer's right
According to a timeshare (agreement on bytes system).
As the timeshare or long-term agreement
Holiday product is considered only a contract concluded for a period of
more than a year, an agreement shall be concluded for a period of one year or
shorter time but that under the terms of the contract is extended without
specific action from the consumer's side and an agreement that does not
is limited in time.
The law also applies when a trader undertakes on behalf
for any who are not traders enter into a contract if
timeshare or a agreement on long-term
Holiday product with a consumer.
Definitions
2 for the purposes of the Act
' consumer ' means any natural person who is acting primarily for
purposes which are outside business activities,
"trader" means any natural or legal person who is acting for
purposes related to its own economic activity.
Terms and conditions that deviate from the law
section 3 of The terms in comparison with the provisions of
This law is to the detriment of the consumer are void against the
him or her.
Protection against conflict of laws that give consumers less protection
4 § even if the law of a country outside the European
economic area is applicable to the contract, the
the present law shall apply to the extent that the law gives the consumer a
better protection. This is true provided that the agreement
accommodation in a building situated within the area
or, if the contract concerns accommodation other than in a building,
the trader carries out its activities in the area
or direct their activities against a country in this.
Chapter 2. Information for the consumer
Information on marketing
1 § advertising of contracts covered by this law shall contain
information on any obligation trader has to leave
information before a contract is concluded and the place where such information
is available.
Timeshare and long-term agreement
holiday products may not be marketed as economic
investments.
section 2 of a trader marketing agreement at a
marketing or sales events in the call
to this clearly indicate the nature of the event and its
commercial purposes. Information in accordance with sections 3 to 8 will be
available throughout the event.
Information before a contract is concluded
section 3 of the trader shall in good time before an agreement is concluded to give
the consumer with a brief description of the agreement with
information about
1. the trader's name, address and registration number,
2. the term of the contract, with an indication of where the consumer can begin
exercise their right under the contract,
3. the accommodation which is the subject of the contract and the option agreement
the consumer,
4. the services and facilities that the consumer has access
to,
5. price and other charges,
6. consumer's right of withdrawal and the ban on the professional to
receive payment and security during the withdrawal period, and
7. applicable codes of conduct.
Information before a timeshare sale is concluded
4 § in addition to what follows from section 3 to the trader within a reasonable
time before a timeshare sale is concluded to give the consumer
You can get specific information about
1. the accommodation and related facilities and services
the subject of the contract,
2. costs in respect of the agreement, with an indication of the
costs are allocated and can be changed and how charges for
use the accommodation is calculated,
3. the conditions for the use of the accommodation and the associated
facilities and services,
4. restrictions on the consumer's ability to make use of
accommodation in trader's range,
5. what applies in the case of termination of the agreement,
6. what applies in the case of maintenance and management,
7. What are the conditions for participation in barter arrangements which apply,
8. in which language the trader undertakes to communicate
during the term of this agreement, and
9. possibilities for settling disputes out of court.
5 § On the accommodation and related facilities and services not
is ready to use, to the trader in a reasonable period of time before
contract provide consumers with detailed information on
1. how far work on completion and when
It is expected to be clear,
2. building permits and the corresponding State and the authority responsible
for it, and
3. the security has been lodged in accordance with Chapter 5. section 1 and
the conditions for it.
Information before an agreement on long-term holiday product
concluded
6 § beyond what follows from section 3 to the trader within a reasonable
time before an agreement on long-term holiday product concluded give
the consumer detailed information about
1. benefits, indicating the limits of the consumer's
opportunities to use them,
2. what applies in the case of termination of the agreement,
3. in which language the trader undertakes to communicate
during the term of this agreement, and
4. opportunities for dispute resolution but court.
Information before the agency contract
7 § in addition to what follows from section 3 to the trader within a reasonable
time before a mediation agreement provide the consumer with comprehensive
information about
1. what applies in the case of termination of the agreement,
2. in which language the trader undertakes to communicate
during the term of this agreement, and
3. opportunities for dispute resolution but court.
Information before a contract for the replacement system is concluded
8 § in addition to what follows from section 3 to the trader within a reasonable
time before an agreement on Exchange system is concluded to give the consumer
You can get specific information about
1. barter system, indicating the limits of the consumer's
opportunities to make use of it,
2. additional fees,
3. what applies in the case of termination of the agreement,
4. in which language the trader undertakes to communicate
during the term of this agreement, and
5. opportunities for dispute resolution but court.
Call for information
9 § The information referred to in paragraphs 2 to 8 shall be provided in plain
and comprehensible manner and at no cost to the consumer.
The information to be given in a document or in any other human readable
and enduring form which is available to the consumer. This
to be made in a form consistent with the forms
established by the Government or authority Government
determines. In the case of information referred to in sections 4 to 8, it is
enough, however, to the form rather than specified was
consumers can get the information.
The trader shall provide the information in a language of the State
where the consumer is resident or a national, during
It is one of the official languages of the
The European Union, Icelandic or Norwegian. Can multiple languages
out of the question, the consumer may choose the language
be used.
Penalties for non-payment information
section 10 If the trader does not provide information in accordance with
1 – 9 sections, the Marketing Act (2008:486) applied with
exception of the provisions of sections 29 to 36 of
market interference charge. Such information shall be deemed to be
material in accordance with section 10 of the law of the third paragraph.
3 Cape. Agreement
The establishment of the contract
section 1 of The contracts covered by this law shall be established
in writing and signed by the parties.
The consumer is not bound by an agreement drawn up in
contrary to the first paragraph. In such a case, Chapter 4. 4 and 5
sections shall apply mutatis mutandis.
The trader shall provide the consumer with a copy of the contract when the
has been concluded.
Language
section 2 of the agreement shall be drawn up in a language of the State in which the
the consumer is resident or a national, provided that:
It is one of the official languages of the European
Union, Icelandic or Norwegian. Can multiple languages come in
question, should the consumer choose which language to use.
If a timeshare is for a building that is
located in a country within the European economic
area, the trader is required to provide
the consumer with a certified translation of the contract to a language
in the country that is one of the official languages of the
The European Union, Icelandic or Norwegian.
Details of the agreement
paragraph 3 of the agreement shall contain the information set out in Chapter 2.
3-8 sections. The information should be clear and comprehensible and must be given in a
such form as described in Chapter 2. 9 section.
The consumer has against the trader invoke a task or
description that has been provided in Chapter 2. 3 to 8 sections, even if
the agreement differs from the information. However, this does not apply if
the consumer agreement has expressly accepted deviation
or if the discrepancy is a result of circumstances beyond
the trader's control, the consequences of which he does not have
been able to avoid.
Before the conclusion of the contract to the trader for consumers
especially point out such a derogation referred to in the second
paragraph. This should be done in a document or in any other
legible and permanent form which is available to the consumer.
The agreement should include the consumer's name and address, and
indication of the date and place of signature.
Information on right of withdrawal
4 § before the conclusion of the contract, the trader shall draw the attention of
the consumer's right of withdrawal and prohibition of
the trader to receive payment and security during
the withdrawal period. The operator shall ensure that the consumer
sign this information in the contract separately.
Provision of withdrawal form
5 § the trader shall to the agreement include a form with
information about the consumer's right of withdrawal and prohibition of
the trader to receive payment and security during
the withdrawal period. The form should also be used to
exercising the right of withdrawal.
Form must be in accordance with the forms laid down by
Government or authority the Government determines.
4 Cape. The consumer's right of withdrawal
Right of withdrawal and right of withdrawal
section 1 gives the consumer a right to withdraw from a contract falling within the scope
This Act (right of withdrawal) by sending or leave a
written notice of this to the trader within 14
days from the date set out in section 2 of the (cooling-off period).
In Chapter 3. 1 paragraph a provision that
under certain conditions, the consumer is not bound by a
agreements. According to Chapter 5. section 3 of the consumer has the right to withdraw from
an agreement on long-term holiday product for specific payment.
section 2 of the withdrawal period begins from the date of conclusion of the contract or in
where appropriate, the subsequent day on which the consumer receives a copy
of the agreement. However, the withdrawal period starts to run only when the requirements of 3
Cape. section 2, paragraph 3 and paragraph 5 of the met.
By way of derogation from the first subparagraph, the right of withdrawal expires three months and 14
days after the date on which the contract is concluded or the consumer got
a copy of the contract, if the trader has not complied with
the requirements of Chapter 3. paragraph 3 of the first paragraph. Refers to the failure
the requirements of Chapter 3. 2 or 5 section, the right of withdrawal expires one year and 14
days after that date.
3 § If the consumer has entered into an agreement of Exchange system in
connection to a timeshare and both agreements
has been offered to the consumer at the same time, to
the starting point for the calculation of the withdrawal period for the agreement on
timeshare also be the starting point for the calculation of
the withdrawal period for the agreement on the Exchange system.
section 4 of the consumer is not required to pay for accommodation and
services that the consumer has exercised before the agreement be undone
or for any costs otherwise on the grounds that
the right of withdrawal is used.
Related agreements
§ 5 If the consumer exercises his right of withdrawal and
the agreement has entered into a related credit agreement or other
services provided by the trader or by any
other due to an agreement between him and
the trader, to the related agreement expire
without the consumer may be charged a penalty for this.
Notice that the right of withdrawal is exercised
section 6 of the consumer at the right time and in an appropriate manner
left or sent a notice under section 1 if he or
She wants to cancel the agreement, get the message invoked although it
delayed, mutilated or does not arrive.
Chapter 5. Payment and security
Security at the building agreement, etc. which are not completed
1 § Of the accommodation and related facilities and services not
is ready to take advantage when a timeshare
concluded, the trader should provide security to the consumer
get back what has been paid on completion does not take place
and the agreement is terminated.
Prohibition against demands for payment and security
section 2 of the trader shall not require that the consumer leaves
payment to or ask for the trader or
any other
1. If the trader is obliged to provide security under 1
§ before the security has been lodged,
2. in the case of timeshare, long-term agreement
Holiday product and Exchange system, before the withdrawal period
has expired, and
3. in the case of agency agreements, before clearing the Mission has
completed or the contract has been terminated in any other way.
Anyone who willfully violates the first subparagraph shall be liable to a fine.
Payment plan and the right to withdraw from a contract on long-term
Holiday product
3 §/expires U: 2016-05-01/
At the agreement on long-term holiday product, the payment
take place according to a payment plan established by the trader
and the consumer. The payment will be divided in equal annual
part payments. This does not mean that the amounts be aligned with
account of changes in the general price situation.
The consumer has the right to withdraw from the agreement then the whole
second annual instalment were submitted.
3 §/comes into force: 2016-05-01/
At the agreement on long-term holiday product, the payment shall be made in accordance with a payment schedule established by the trader and the consumer. The payment will be divided in equal annual instalments. This does not mean that the amounts be adjusted to take account of changes in the general price situation.
The consumer has the right to withdraw from the contract after a recovery order relating to the second annual installment is received. Law (2016:312).
Powers of the consumer in the event of transfers of claims
the provisions of paragraph 4 of the 28 to 30 of the konsumentkredit Act (2010:1846)
should be applied when the supplier has supplied the consumer payment
with the payment or any part is to be paid in an amount
that consumers have borrowed from the trader or any other
creditors as a result of an agreement between the latter and
the trader.
Chapter 6. Supervision
section 1 of the Swedish consumer agency supervises this law are complied with.
Supervision should be exercised so as not to cause greater cost
or inconvenience to the trader than is necessary.
2 section For supervision have Consumer Agency or the Agency
designates the right to make inspections of the supplier and take part
of all the documents needed for supervision. The trader
to provide information on the activities required for
supervision.
If the trader does not provide documents or
leave information, the Consumer Agency shall submit to the
the trader to fulfil its obligation. A decision on the
injunction may be subject to a penalty.
section 3 Of the consumer under section 2 has submitted to a
traders to provide a document or information,
, the decision may be appealed to a general administrative court. Other
decision of the consumer under section 2 shall not be appealed.
Leave to appeal is required in the case of appeal to the administrative court.
Transitional provisions
2011:914
1. This law shall enter into force on 1 August 2011, when the law
(1997:218) on the protection of consumers in respect of timeshare shall
cease to have effect.
2. The repealed law still applies in the case of contracts
concluded prior to the entry into force.
2016:312
1. This law shall enter into force on May 1 2016.
2. the provisions of Chapter 5. section 3 of the paragrafens older version still applies in respect of agreements concluded before the entry into force.