7 Amendments of Andreas SCHWAB related to 2007/0113(COD)
Amendment 96 #
Proposal for a directive
Recital 4
Recital 4
(4) This Directive should be without prejudice to national rules relating to transfer and registration of immovable or movable property, conditions of establishment or authorisation regimes or licensing requirements, determination of the legal nature of the rights which are the subject of the contracts covered by this Directive.
Amendment 118 #
Proposal for a directive
Article 1 – paragraph 2 – point (c b) (new)
Article 1 – paragraph 2 – point (c b) (new)
(cb) the conclusion of contracts.
Amendment 123 #
Proposal for a directive
Article 2 – paragraph 1 – point (a)
Article 2 – paragraph 1 – point (a)
(a) ’timeshare’ means a contract of a duration of more than one year by which a consumer acquires against consideration the right to use one or more accommodation for more than one period of occupation; provided, however, this Directive shall not apply to accommodations held out in the ordinary course of business as hotel rooms and in which the consumer receives no right to use or occupy the accommodation other than through a typical hotel reservation;
Amendment 149 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that the contract is in writing and drawn up in one of the official languages of the Community, as chosen by the consumer. The contract shall be in writing, unless the Member States prescribe a form which ensures greater consumer protection.
Amendment 191 #
Proposal for a directive
Article 5 – paragraph 6 c (new)
Article 5 – paragraph 6 c (new)
6c. Member States may provide that the right of withdrawal shall not apply to declarations by consumers using the services of an official, provided that the official confirms that the consumer is guaranteed the rights under Article 3(2).
Amendment 192 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States may allow for the holding of deposits during the cooling-off period only if the agent who is authorized to hold the deposit funds is (i) independent of the [Developer/Trader] (ii) either an authorized “credit institution” as defined under the First Council Directive 77/780/EEC (12 December, 1977) or a lawyer/notary in good standing with a Member State professional bar, and (iii) pursuant to a written agreement, is under obligation to return the funds to the consumer upon timely request. Absent such provisions in the Member State law, Member States shall ensure that any advance payment, provision of guarantees, reservation of money on a credit card, explicit acknowledgement of debt or any other consideration to the trader or to any third party by a consumer before the end of the period, during which he may exercise the right of withdrawal in accordance with Article 5 (1) to 5 (3), is prohibited.
Amendment 278 #
Proposal for a directive
Annex III – point (kc) (new)
Annex III – point (kc) (new)
(kc) Information on: the inventory the vendor has at each of the resorts advertised; the number of reductions available in each year/season; the number of times the vendor has sold and expects to sell this product; the duration of the contracts the vendor has with the resorts/holiday companies; the possibilities and modalities for reserving in the system; and a complete set of examples of concrete reservation possibilities.