Law (2011:914) On The Protection Of Consumers In Respect Of Timeshare Or Long-Term Holiday Product

Original Language Title: Lag (2011:914) om konsumentskydd vid avtal om tidsdelat boende eller långfristig semesterprodukt

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2011:914

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.