The Official Journal of the European Union, OJEU, has published in February 3rd 2009, Directive 2008/122/EC of the European Parliament and of the Council of January 14th, 2009, on the protection of consumers in respect of certain aspects of timeshare, long-term holiday product, resale and exchange contracts. This Directive aims to tackle the existing regulatory gaps which create appreciable distortions of competition and may cause problems for EU consummers.

In order to enhance legal certainty and fully achieve the benefits of the internal market for consumers and businesses, the relevant laws of the Member States need to be approximated further. Therefore, certain aspects of the marketing, sale and resale of timeshares and long-term holiday products as well as the exchange of rights deriving from timeshare contracts needed to be fully harmonised.

The purpose of this Directive is to contribute to the proper functioning of the internal market and to achieve a high level of consumer protection, by approximating the laws, regulations and administrative provisions of the Member States in respect of certain aspects of the marketing, sale and resale of timeshares and long-term holiday products as well as exchange contracts.

Provisions of this Directive will affect to the following type of contracts:

• Timeshare contracts
• Long-term holidays products
• Resale contract
• Exchange contracts

Advertising and pre-contractual information

Member States will ensure that any advertising specifies the possibility of obtaining the information related to the product and indicates where it can be obtained.

This pre-contractual information, which must be provided by the trader to the consumer in due time before the consumer is bound by any contract or offer, must include the elements and informations provided for in the Annexes to this Directive for all the concerned products: timeshare contracts, long-term holidays products, resale contract and exchange contracts.

The timeshare, long-term holiday product, resale or exchange contracts

Member States will ensure that the contract is in writing, on paper or on another durable medium, and drawn up in the language or one of the languages of the Member State in which the consumer is resident or a national, at the choice of the consumer, provided it is an official language of the Community.

All the advertising and pre-contractual information must form an integral part of the contract and not be altered unless the parties expressly agree otherwise or the changes result from unusual and unforeseeable circumstances beyond the trader’s control, the consequences of which could not have been avoided even if all due care had been exercised.

Right of withdrawal and Advance payment

In addition to the remedies available to the consumer under national law in the event of breach of the provisions of this Directive, Member States will ensure that the consumer is given a period of 14 calendar days to withdraw from the timeshare, long-term holiday product, resale or exchange contract, without giving any reason.

Where the consumer intends to exercise the right of withdrawal the consumer shall, before the expiry of the withdrawal period, notify the trader on paper or on another durable medium of the decision to withdraw.

Judicial and administrative redress and out-of-court redress

Member States will ensure that, in the interests of consumers, adequate and effective means exist to ensure compliance by traders with this Directive. This means will include provisions to ensure that certain bodies are entitled to take actions in defence of consumers, such as:

• Public bodies and authorities or their representatives.
• Consumer organisations with a legitimate interest in protecting consumers.
• Professional organisations with a legitimate interest in taking such action.

Besides, Member States will encourage the setting up or development of adequate and effective out-of-court complaints and redress procedures for the settlement of consumer disputes under this Directive and, where appropriate, encourage traders and their branch organisations to inform consumers of the availability of such procedures.

Member States should not be allowed to maintain or introduce in their national legislation provisions diverging from those laid down in this Directive. Where no such harmonised provisions exist, Member States should remain free to maintain or introduce national legislation in conformity with Community law.

Member States must adopt and publish, by February 23rd, 2011, the laws, regulations and administrative provisions necessary to comply with this Directive. They will forthwith communicate to the Commission the text of those provisions, and apply those provisions from February, 23rd 2011.