145 Amendments of Luisa Fernanda RUDI UBEDA
Amendment 92 #
2007/0113(COD)
Proposal for a directive
Recital 1
Recital 1
(1) Since the adoption of Directive 94/47/EC of the European Parliament and the Council of 26 October 1994 on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis, timeshare has evolved and new holiday products similar to it - or appearing to be similar to it, often devised in order to circumvent the provisions of this Directive - have appeared on the market. These new holiday products and certain transactions related to timeshare, such as resale and exchange contracts, are not covered by Directive 94/47/EC. In addition, experience with the application of Directive 94/47/EC has shown that some points already covered need to be updated or clarified, with a view to preventing the development of new holiday products devised in order to circumvent this legislation.
Amendment 94 #
2007/0113(COD)
Proposal for a directive
Recital 3
Recital 3
(3) 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. However, for certain aspects Member States should be able to continue to apply stricter rulecertain aspects of the marketing, sale and resale of timeshare rights in respect of property for tourist use and long-term holiday products should be harmonised in full, as should the exchange of those rights.
Amendment 97 #
2007/0113(COD)
Proposal for a directive
Recital 5
Recital 5
5. The different products ctypes of product to be governed by this Directive should be clearly defined, with a view to impeding the creation of new types with the sole aim of circumventing its application, and the provisions concerning pre-contractual information and, the contract and the withdrawal period should be clarified and updated.
Amendment 99 #
2007/0113(COD)
Proposal for a directive
Recital 5 b (new)
Recital 5 b (new)
(5 b) In view of the specific difficulties raised by long-term holiday products, it is necessary to reach a clear definition of the scope of this term and the specific provisions applying, so as to prevent abusive practices by unethical traders.
Amendment 100 #
2007/0113(COD)
Proposal for a directive
Recital 5 c (new)
Recital 5 c (new)
(5 c) 'Long-term holiday products' need to be differentiated in this directive from timeshare, package holidays, discount vouchers, and loyalty programmes in which discount vouchers or cheques obtained can be traded for accommodation or air tickets but which do not constitute a product in themselves.
Amendment 101 #
2007/0113(COD)
Proposal for a directive
Recital 7
Recital 7
(7) In order to give the consumer the possibility to fully understand what his obligations and rights are under tha timeshare, long-term holiday product or resale contract he should be allowed a period during which he may withdraw from the contract without having to justify it. Currently the length of this period varies between Member States, and experience shows that the length prescribed in Directive 94/47/EC is not sufficiently long. The period should therefore be extended and harmonised. In view of the ancillary nature and particular characteristics of the exchange contract, consumers who sign an exchange contract shall have the right to withdraw from it at any moment.
Amendment 103 #
2007/0113(COD)
Proposal for a directive
Recital 8
Recital 8
(8) The prohibition on advance payments to the trader or any third party before the end of the withdrawal period should be clarified in order to improve consumer's protection. For resale, the prohibition of advance payment should apply until the actual sale has taken place or the resale contract has been terminated. In the case of exchange contracts, there should be no prohibition on advance payments, as the consumer will have the option of terminating the contract at any moment and of receiving a refund calculated in proportion to the number of complete months used in the participation period concerned.
Amendment 104 #
2007/0113(COD)
Proposal for a directive
Recital 9
Recital 9
(9) In the event of withdrawal from a contract where the price is entirely or partly covered by credit granted to the consumer by the trader or by a third party on the basis of an agreement between that third party and the trader, the credit agreement should be terminated without any penaltycost to the consumer. The same should apply to ancillary contracts, such as contracts for membership in exchange systemrelated contracts.
Amendment 108 #
2007/0113(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Member States should ensure that consumers are effectively informed of the national provisions transposing this Directive and encourage traders to inform about their codes of practice that exist in the field. provide information on unethical practices and high-pressure sales techniques, especially for long-term holiday products. They should also provide information on the existence of codes of practice and the significance of belonging to a suitable industry body. Traders should be encouraged to publicise and provide information on their codes of practice. The Commission should encourage crossborder information campaigns via its website.
Amendment 110 #
2007/0113(COD)
Proposal for a directive
Section title (before Article 1) (new)
Section title (before Article 1) (new)
Section 1: Common provisions
Amendment 114 #
2007/0113(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
Amendment 119 #
2007/0113(COD)
Proposal for a directive
Article 2 – paragraph 1 – point (a)
Article 2 – paragraph 1 – point (a)
(a) 'timeshare contract' means a contract of a duration of more than one year by which a consumer acquires against consideration the right to use in continuous fashion one or more accommodation for more than one period of occupationunits with or without other services;
Amendment 124 #
2007/0113(COD)
Proposal for a directive
Article 2 – paragraph 1 – point (b)
Article 2 – paragraph 1 – point (b)
(b) 'long-term holiday product contract' means a contract of a duration of more than one year, irrespective of the terminology used to describe it, by which a consumer acquires against consideration primarily the right to obtain, by means of a reservation system, discounts or other benefits on accommodation, with or without other facilities, in isolation or together with travel or other services; the term 'long-term holiday product' shall not include timeshare contracts, combined package holidays or discount vouchers or loyalty programmes used to promote sales or ensure consumer loyalty where these are not products in themselves;
Amendment 126 #
2007/0113(COD)
Proposal for a directive
Article 2 – paragraph 1 – point (c)
Article 2 – paragraph 1 – point (c)
(c) 'resale contract' means a contract by which a trader against consideration helps a consumer to sell or buyacts as an intermediary for the consumer in the sale or purchase of a timeshare or long- term holiday product;
Amendment 128 #
2007/0113(COD)
Proposal for a directive
Article 2 – paragraph 1 – point (d)
Article 2 – paragraph 1 – point (d)
(d) 'exchange contract' means a contract by which a consumrelated to a main contract by which a timeshare holder registers against consideration joins a scheme which allows him to modify the location and/or time of his timeshare interest through an exchangcede temporarily his right of use over an accommodation unit forming part of that scheme in exchange for the use of another accommodation unit which forms part of the same scheme;
Amendment 130 #
2007/0113(COD)
Proposal for a directive
Article 2 – paragraph 1 – point (g)
Article 2 – paragraph 1 – point (g)
Amendment 134 #
2007/0113(COD)
Proposal for a directive
Article 3 – title
Article 3 – title
Amendment 135 #
2007/0113(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall ensure that any advertising indicates the possibility of obtaining the written information referred to in paragraph 2 and where itat the information referred to in Article 3a must be supplied before the contract is considered final, and forms part of the contract. The advertising shall also indicate where this information can be obtainconsulted.
Amendment 141 #
2007/0113(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. In case of resale the trader's obligation to provide the information under paragraph 2 aThe information referred to in Article 3a(1) shall be suppliesd towards the consumer who may enter into the resale contraat any meeting or event to which he has been invited with the objective of offering him timeshare rights or a long-term holiday product.
Amendment 144 #
2007/0113(COD)
Proposal for a directive
Article 3 a (new)
Article 3 a (new)
Amendment 148 #
2007/0113(COD)
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, as chosen by the consumer, in the language of the consumer's Member State of residence or in that of the Member State of which he is a national, provided it is an official languages of the Community, as chosen by the consumer. Should this language not be the authentic language of the contract, the version offered to the consumer must be a certified translation. In this case, it shall be supplied to the consumer together with the contract drawn up in its authentic language.
Amendment 152 #
2007/0113(COD)
Proposal for a directive
Article 4 – paragraph 1 b (new)
Article 4 – paragraph 1 b (new)
1b. The consumer may waive the rights laid down in paragraph 1 and choose another language, provided it is an official language of the Community.
Amendment 154 #
2007/0113(COD)
Proposal for a directive
Article 4 – paragraph 2 – subparagraphs 1 and 2
Article 4 – paragraph 2 – subparagraphs 1 and 2
2. The written information referred to in Article 3(2a (1) shall form an integral part of the contract and shall not be altered unless the parties expressly agree otherwise or the changes result from circumstances beyond the trader's control. Changes resulting from circumstances beyond the trader's control shall be communicated in writing to the consumer before the contract is concludfinalised.
Amendment 157 #
2007/0113(COD)
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2 a. In addition to the information referred to in Article 3a(1), the contract shall mention: (a) the identity and place of residence of the parties; (b) the date and place of conclusion of the contract; and shall be signed by both parties.
Amendment 158 #
2007/0113(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Before the signing of the contractcontract is considered final, the trader shall explicitly draw the consumer's attention to the existence of the right of withdrawal and the length of the withdrawal period referred to in Article 5 and the ban on advance payment during the withdrawal period referred to in Article 6. The corresponding contractual clauses and the text with the information referred to in Article 3a(1) shall be signed separately by the consumer.
Amendment 160 #
2007/0113(COD)
Proposal for a directive
Article 4 – paragraph 3 – subparagraph 2 a (new)
Article 4 – paragraph 3 – subparagraph 2 a (new)
At the end of the contract there shall be annexed a form, as specified in Annex VI, included to facilitate the exercise of the right of withdrawal pursuant to Article 5.
Amendment 161 #
2007/0113(COD)
Proposal for a directive
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3a. The consumer shall receive a copy of the contract at the moment when it is finalised.
Amendment 162 #
2007/0113(COD)
Proposal for a directive
Article 4 – paragraph 3 b (new)
Article 4 – paragraph 3 b (new)
3b. Where a timeshare contract is financed from a loan and the trader has been informed of this, the entry into force of the contract shall be conditional on the loan being granted before the end of the withdrawal period referred to in Article 5(2).
Amendment 167 #
2007/0113(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that, after entering into a contract, the consumer has the right to withdraw, without giving any reason, within fourteen days of both parties' signing the contract or of both parties' signing a binding preliminary contract. If the fourteenth day is a public holiday, the period shall be extended to the first working day thereafterThe consumer shall be entitled, from the signing of the contract or preliminary contract binding both parties, to a period of fourteen calendar days during which he may withdraw from the timeshare, long-term holiday product or resale contract without giving any reason.
Amendment 172 #
2007/0113(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. .If the contract does not include all the information referred to in points (a) to (po) of Annex I, Annex II, points (a) to (g) of Annex IV and points (a) andto (bk) of Annex IIV, but the information is provided in writing within three months after the signing of the contract, the withdrawal period shall start from the day the consumer receives that information.
Amendment 178 #
2007/0113(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. . If the information referred to in points (a) to (po) of Annex I and (a) and (b, Annex II, points (a) to (g) of Annex IV and points (a) to (k) of Annex IIV has not been provided in writing within three months afterof the signing of the contract, the right of withdrawal shall expire after three months and fourteen calendar days from the signingdate of conclusion of the contract.
Amendment 181 #
2007/0113(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. . If the consumer intends to exercise the right of withdrawal he shall, before the expiry of the deadline, notify the person whose name and address appear in the contract for that purpose pursuant to point (p) of Annex I, by means permitting awareness of the exercise of this right and susceptible of proof in national law. The deadline shall be deemed to have been observed if the notification, if it is in writing, is dispatched before the deadline expires.
Amendment 190 #
2007/0113(COD)
Proposal for a directive
Article 5 – paragraph 6 b (new)
Article 5 – paragraph 6 b (new)
6b. The contract of exchange may be terminated by the consumer at any moment.
Amendment 194 #
2007/0113(COD)
Proposal for a directive
Section title (before Article 6 a (new)) (new)
Section title (before Article 6 a (new)) (new)
Section 2: Specific provisions relating to long-term holiday products
Amendment 195 #
2007/0113(COD)
Proposal for a directive
Article 6 a (new)
Article 6 a (new)
Amendment 196 #
2007/0113(COD)
Proposal for a directive
Article 6 b (new)
Article 6 b (new)
Amendment 197 #
2007/0113(COD)
Proposal for a directive
Article 6 c (new)
Article 6 c (new)
Article 6c Suppliers of long-term holiday products shall take out civil liability insurance as a guarantee against any complaints from consumers on grounds of failure to observe or faulty observation of their contractual obligations.
Amendment 198 #
2007/0113(COD)
Proposal for a directive
Article 6 d (new)
Article 6 d (new)
Amendment 199 #
2007/0113(COD)
Proposal for a directive
Section title (before Article 7) (new)
Section title (before Article 7) (new)
Section 3: Finalisation of related contracts and other general provisions
Amendment 200 #
2007/0113(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that, ifShould the consumer exercises his right to withdraw from the contract for timeshare or long- term holiday product, any ancillary contracts, including exchange, armain contract, any related contract shall be automatically terminated, without any penaltycost to the consumer.
Amendment 201 #
2007/0113(COD)
Proposal for a directive
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. Where the exchange trader is asked in writing by the consumer to rescind his exchange contract, the payments made by the consumer to the exchange trader for his participation in the exchange scheme shall be subject to an obligation on the trader's part to pay the consumer a refund proportionate to the number of months of use in the period of the contract.
Amendment 202 #
2007/0113(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall ensure that, if the law applicable to the contract is the law of a Member State, any contractual clauses whereby the consumer waives his rights, as provided for in this Directive, shall not be bindingrights conferred on consumers by this Directive take precedence over all national legislation unless the contrary is explicitly stated in the text.
Amendment 209 #
Amendment 210 #
2007/0113(COD)
Proposal for a directive
Annex I – Section title (before point a) (new)
Annex I – Section title (before point a) (new)
I. Information concerning the trader
Amendment 211 #
2007/0113(COD)
Proposal for a directive
Annex I – point (a)
Annex I – point (a)
(a) The identity and residence of the parties, including specific information on the trader’s legal status at the time of the conclusion of the contract, the signatures of the parties and the date and the place where the contract is concludedtrader;
Amendment 212 #
2007/0113(COD)
Proposal for a directive
Annex I – Section title (after point a) (new)
Annex I – Section title (after point a) (new)
II. Information concerning acquired rights
Amendment 213 #
2007/0113(COD)
Proposal for a directive
Annex I – point (c)
Annex I – point (c)
Amendment 214 #
2007/0113(COD)
Proposal for a directive
Annex I – point (d)
Annex I – point (d)
Amendment 215 #
2007/0113(COD)
Proposal for a directive
Annex I – point (e)
Annex I – point (e)
Amendment 216 #
2007/0113(COD)
Proposal for a directive
Annex I – point (f)
Annex I – point (f)
Amendment 217 #
2007/0113(COD)
Proposal for a directive
Annex I – point (g)
Annex I – point (g)
Amendment 218 #
2007/0113(COD)
Proposal for a directive
Annex I – point (h a) (new)
Annex I – point (h a) (new)
(ha) should the contract offer the right to occupy one unit of accommodation within a complex, information concerning restrictions on the scope for the consumer to occupy any unit of accommodation at any time within the complex;
Amendment 219 #
2007/0113(COD)
Proposal for a directive
Annex I – Section title (before point h b (new)) (new)
Annex I – Section title (before point h b (new)) (new)
III. Information concerning the properties
Amendment 220 #
2007/0113(COD)
Proposal for a directive
Annex I – point (h b) (new)
Annex I – point (h b) (new)
(hb) where the contract concerns a specific immovable property, an accurate description of that property and its location; where the contract concerns a number of properties (multi-resorts), an appropriate description of the properties and their location; where the contract concerns accommodation other than immovable property, an appropriate description of the accommodation and the facilities;
Amendment 221 #
2007/0113(COD)
Proposal for a directive
Annex I – point (h c) (new)
Annex I – point (h c) (new)
(hc) the services (e.g. electricity, water, maintenance, refuse collection) to which the consumer has or will have access, and under what conditions;
Amendment 222 #
2007/0113(COD)
Proposal for a directive
Annex I – point (h d) (new)
Annex I – point (h d) (new)
(hd) where applicable, the common facilities (such as swimming pool, sauna, etc) to which the consumer has or may have access, and under what conditions;
Amendment 223 #
2007/0113(COD)
Proposal for a directive
Annex I – Section title (before point h e (new)) (new)
Annex I – Section title (before point h e (new)) (new)
IV. Information concerning costs
Amendment 224 #
2007/0113(COD)
Proposal for a directive
Annex I – point (h e) (new)
Annex I – point (h e) (new)
(he) the price to be paid by the consumer;
Amendment 225 #
2007/0113(COD)
Proposal for a directive
Annex I – point (h f) (new)
Annex I – point (h f) (new)
(hf) an indication of the amount to be paid by the consumer for services (e.g. electricity, water, maintenance);
Amendment 226 #
2007/0113(COD)
Proposal for a directive
Annex I – point (h g) (new)
Annex I – point (h g) (new)
(hg) where applicable, an indication of the amount to be paid by the consumer for the common facilities (such as swimming pool, sauna, etc) to which the consumer has or may have access, and under what conditions;
Amendment 227 #
2007/0113(COD)
Proposal for a directive
Annex I – point (h h) (new)
Annex I – point (h h) (new)
(hh) a clear description of all the costs associated with the timeshare contract; how they will be applied to consumers and how and when they will be increased; the method of calculating the level of charges relating to occupation of the property, legal charges and administrative charges (e.g. maintenance and repairs);
Amendment 228 #
2007/0113(COD)
Proposal for a directive
Annex I – point (h i) (new)
Annex I – point (h i) (new)
(hi) where applicable, information on whether there are charges, mortgages or other burdens relating to ownership of the property;
Amendment 229 #
2007/0113(COD)
Proposal for a directive
Annex I – point (h j) (new)
Annex I – point (h j) (new)
(hj) an indication to the effect that the consumer shall not bear charges or obligations in excess of those laid down in the contract;
Amendment 230 #
2007/0113(COD)
Proposal for a directive
Annex I – Section title (before point h k (new)) (new)
Annex I – Section title (before point h k (new)) (new)
V. Right of withdrawal and cancellation of the contract
Amendment 231 #
2007/0113(COD)
Proposal for a directive
Annex I – point (h k) (new)
Annex I – point (h k) (new)
(hk) information on the right to withdraw from the contract and the consequences of withdrawing from the contract; where appropriate, information on the arrangements for the termination of the credit agreement and the ancillary contract linked to the contract in the event of withdrawal from the contract; information about the consequences of such withdrawal;
Amendment 232 #
2007/0113(COD)
Proposal for a directive
Annex I – point (h l) (new)
Annex I – point (h l) (new)
(hl) an indication of to whom and how the withdrawal notification is to be sent;
Amendment 233 #
2007/0113(COD)
Proposal for a directive
Annex I – point (h m) (new)
Annex I – point (h m) (new)
(hm) conditions for terminating the contract, the consequences of terminating the contract and information concerning any liability on the part of the consumer for costs which may arise as a result of such termination;
Amendment 234 #
2007/0113(COD)
Proposal for a directive
Annex I – point (hn) (new)
Annex I – point (hn) (new)
(hn) information about the ban on advance payments during the period during which the consumer has a right to withdraw from the contract in accordance with Article 5 (1) to 5 (3);
Amendment 235 #
2007/0113(COD)
Proposal for a directive
Annex I – Section title (before point h o (new))
Annex I – Section title (before point h o (new))
VI. Additional information
Amendment 236 #
2007/0113(COD)
Proposal for a directive
Annex I – point (h o) (new)
Annex I – point (h o) (new)
(ho) How the property is maintained, repaired and administered, including how the consumer may influence or participate in the taking of decisions relating to such matters;
Amendment 237 #
2007/0113(COD)
Proposal for a directive
Annex I – point (h p) (new)
Annex I – point (h p) (new)
(hp) whether there is a possibility of joining an exchange or resale scheme, relevant information concerning the exchange scheme and an indication of the costs relating to the exchange or resale of the property;
Amendment 238 #
2007/0113(COD)
Proposal for a directive
Annex I – point (h q) (new)
Annex I – point (h q) (new)
(hq) indication of the language(s) available for post-sale communication in relation to the contract, for instance in relation to management decisions, increase in costs and the handling of queries and complaints;
Amendment 239 #
2007/0113(COD)
Proposal for a directive
Annex I – point (h r) (new)
Annex I – point (h r) (new)
(hr) whether the trader has signed a code of practice and information concerning such codes;
Amendment 240 #
2007/0113(COD)
Proposal for a directive
Annex I – point (h s) (new)
Annex I – point (h s) (new)
(hs) the possibility for out-of-court dispute resolution;
Amendment 241 #
2007/0113(COD)
Proposal for a directive
Annex I – point (i)
Annex I – point (i)
Amendment 242 #
2007/0113(COD)
Proposal for a directive
Annex I – point (j)
Annex I – point (j)
Amendment 243 #
2007/0113(COD)
Proposal for a directive
Annex I – point (k)
Annex I – point (k)
Amendment 244 #
2007/0113(COD)
Proposal for a directive
Annex I – point (l)
Annex I – point (l)
Amendment 245 #
2007/0113(COD)
Proposal for a directive
Annex I – point (m)
Annex I – point (m)
Amendment 248 #
2007/0113(COD)
Proposal for a directive
Annex I – point (n)
Annex I – point (n)
Amendment 249 #
2007/0113(COD)
Proposal for a directive
Annex I – point (o)
Annex I – point (o)
Amendment 250 #
2007/0113(COD)
Proposal for a directive
Annex I – point (p)
Annex I – point (p)
Amendment 251 #
2007/0113(COD)
Proposal for a directive
Annex I – point (q)
Annex I – point (q)
Amendment 253 #
2007/0113(COD)
Proposal for a directive
Annex II – title
Annex II – title
Additional requirements for accommodation under construction, as referred to in Article 3a
Amendment 254 #
2007/0113(COD)
Proposal for a directive
Annex II – point (a)
Annex II – point (a)
Amendment 255 #
2007/0113(COD)
Proposal for a directive
Annex II – point (b)
Annex II – point (b)
(b) a reasonable estimate of the deadline for completion of the accommodation and the services rendering it fully operational (gas, electricity, water and telephone connections) and any other facilities to which the consumer will have access;
Amendment 256 #
2007/0113(COD)
Proposal for a directive
Annex II – point (c)
Annex II – point (c)
c) where it concerns a specific immovable propertnecessary, the number of the building permit and the name(s) and full address(es) of the competent authority or authorities, if the contract relates to a specific immovable property;
Amendment 257 #
2007/0113(COD)
Proposal for a directive
Annex II – point (d)
Annex II – point (d)
(d) where appropriate, a guarantee regarding completion of the accommodation or a guarantee regarding reimbursement of any payment made if the accommodation is not completed and, where appropriate, the conditions governing the operation of such guarantees.
Amendment 258 #
Amendment 259 #
2007/0113(COD)
Proposal for a directive
Annex III – Section title (before point a) (new)
Annex III – Section title (before point a) (new)
I. Information concerning the trader
Amendment 260 #
2007/0113(COD)
Proposal for a directive
Annex III – point (a)
Annex III – point (a)
(a) The identity and residence of the parties, including specific information on the trader’s legal status at the time of the conclusion of the contract, the signatures of the parties and the date and the place where the contract is concludedtrader and his legal status;
Amendment 261 #
2007/0113(COD)
Proposal for a directive
Annex III – Section title (before point b) (new)
Annex III – Section title (before point b) (new)
II. Information concerning the acquired right
Amendment 262 #
2007/0113(COD)
Proposal for a directive
Annex III – point (b)
Annex III – point (b)
(b) the exact nature and the substance of the right which is the subject of the contract and an appropriate description of the rights conferred on the consumer by means of the contract, including any restriction on the responsibilities of consumers wishing to enjoy those rights (e.g. limited availability or offers promoted or special discounts);
Amendment 263 #
2007/0113(COD)
Proposal for a directive
Annex III – point (d)
Annex III – point (d)
(d) the price to be paid by the consumer, including any periodic cost;
Amendment 264 #
2007/0113(COD)
Proposal for a directive
Annex III – point (f)
Annex III – point (f)
Amendment 265 #
2007/0113(COD)
Proposal for a directive
Annex III – Section title (before point g) (new)
Annex III – Section title (before point g) (new)
III. Right of withdrawal and cancellation of the contract
Amendment 266 #
2007/0113(COD)
Proposal for a directive
Annex III – point (g)
Annex III – point (g)
(g) information on the right to withdraw from the contract and the consequences of withdrawing from the contract, including a precise indication of the nature and amount of the costs which the consumer will be required to reimburse pursuant to Article 5 (5) if he exercises his right to withdraw; where appropriate, information on the arrangements for the termination of theany credit agreement and othe ancillaryr contracts linked to the main contract in the event of withdrawal from the contract; information about the consequences of such withdrawal;
Amendment 268 #
2007/0113(COD)
Proposal for a directive
Annex III – point (h)
Annex III – point (h)
Amendment 269 #
2007/0113(COD)
Proposal for a directive
Annex III – point (h a) (new)
Annex III – point (h a) (new)
(ha) conditions for concluding the contract, the implications of termination and information concerning the consumer’s liability for any costs stemming from such conclusion;
Amendment 270 #
2007/0113(COD)
Proposal for a directive
Annex III – point (h b) (new)
Annex III – point (h b) (new)
(hb) information about the ban on advance payments during the period during which the consumer has a right to withdraw from the contract in accordance with Article 5 (1) to 5 (3);
Amendment 271 #
2007/0113(COD)
Proposal for a directive
Annex III – Section title (before point hc (new)) (new)
Annex III – Section title (before point hc (new)) (new)
IV. Additional information
Amendment 272 #
2007/0113(COD)
Proposal for a directive
Annex III – point (hc) (new)
Annex III – point (hc) (new)
(hc) indication of the language(s) available for post-sale communication in relation to the contract, for instance in relation to the handling of queries and complaints;
Amendment 274 #
2007/0113(COD)
Proposal for a directive
Annex III – point (j)
Annex III – point (j)
(j) the existence, content, control and enforcement of codes of conductwhere the trader has signed a code of practice, explicit information concerning that code;
Amendment 275 #
2007/0113(COD)
Proposal for a directive
Annex III – point (k)
Annex III – point (k)
(k) where appropriate, the possibility for out-of-court dispute resolution.
Amendment 279 #
Amendment 280 #
2007/0113(COD)
Proposal for a directive
Annex IV – Section title (before point a) (new)
Annex IV – Section title (before point a) (new)
I. INFORMATION ABOUT THE TRADER
Amendment 281 #
2007/0113(COD)
Proposal for a directive
Annex IV – point (a)
Annex IV – point (a)
(a) The identity and residence of the parties, including specific information on the trader’s legal status at the time of the conclusion of the contract, the signatures of the parties and the date and the place where the contract is concludedtrader and its legal status;
Amendment 282 #
2007/0113(COD)
Proposal for a directive
Annex IV – Section title (after point a) (new)
Annex IV – Section title (after point a) (new)
II. INFORMATION ABOUT THE SERVICES PROVIDED
Amendment 283 #
2007/0113(COD)
Proposal for a directive
Annex IV – point (ab) (new)
Annex IV – point (ab) (new)
(ab) an accurate description of the services to be provided under the contract (e.g. marketing);
Amendment 284 #
2007/0113(COD)
Proposal for a directive
Annex IV – Section title (before point b) (new)
Annex IV – Section title (before point b) (new)
III. INFORMATION ABOUT THE COSTS
Amendment 285 #
2007/0113(COD)
Proposal for a directive
Annex IV – point c
Annex IV – point c
(c) a clause statingstatement that the consumer shall not bear any other costs or obligations other than those specified in the contract;
Amendment 286 #
2007/0113(COD)
Proposal for a directive
Annex IV – point d
Annex IV – point d
Amendment 287 #
2007/0113(COD)
Proposal for a directive
Annex IV – Section title (before point e) (new)
Annex IV – Section title (before point e) (new)
IV. RIGHT OF WITHDRAWAL AND CANCELLATION OF THE CONTRACT
Amendment 288 #
2007/0113(COD)
Proposal for a directive
Annex IV – point (e)
Annex IV – point (e)
(e) information on the right to withdraw from the contract and the consequences of withdrawing from the contract, including a precise indication of the nature and amount of the costs which the consumer will be required to reimburse pursuant to Article 5 (5) if he exercises his right toresale contract and the consequences of such withdrawal;
Amendment 291 #
2007/0113(COD)
Proposal for a directive
Annex IV – point (f)
Annex IV – point (f)
Amendment 292 #
2007/0113(COD)
Proposal for a directive
Annex IV – point (g)
Annex IV – point (g)
(g) particulars indicationg to whom and how the withdrawal notification is to be sent;
Amendment 293 #
2007/0113(COD)
Proposal for a directive
Annex IV – point (ga) (new)
Annex IV – point (ga) (new)
(ga) the conditions for terminating the contract, the consequences of termination, and information on any liability attaching to the consumer for any costs which might result from termination;
Amendment 294 #
2007/0113(COD)
Proposal for a directive
Annex IV – point (gb) (new)
Annex IV – point (gb) (new)
(gb) information about the ban on advance payments until the actual sale has taken place or the resale contract is otherwise terminated;
Amendment 295 #
2007/0113(COD)
Proposal for a directive
Annex IV – Section title (after point gb (new)) (new)
Annex IV – Section title (after point gb (new)) (new)
V. ADDITIONAL INFORMATION
Amendment 296 #
2007/0113(COD)
Proposal for a directive
Annex IV – point (gc) (new)
Annex IV – point (gc) (new)
(gc) an indication of the language(s) available for communication with the trader, for instance in relation to the handling of queries and complaints;
Amendment 297 #
2007/0113(COD)
Proposal for a directive
Annex IV – point (h)
Annex IV – point (h)
(h) twhe existence, content, control and enforcement of codes of conductre the trader is a signatory of codes of conduct, information about those codes;
Amendment 298 #
2007/0113(COD)
Proposal for a directive
Annex IV – point (i)
Annex IV – point (i)
(i) where applicable, information on the possibility ofor out-of-court dispute resolution.
Amendment 300 #
Amendment 301 #
2007/0113(COD)
Proposal for a directive
Annex V – Section title (before point a) (new)
Annex V – Section title (before point a) (new)
I. INFORMATION ABOUT THE TRADER
Amendment 302 #
2007/0113(COD)
Proposal for a directive
Annex V – point (a)
Annex V – point (a)
(a) The identity and residence of the parties, including specific information on the trader’s legal status at the time of the conclusion of the contract, the signatures of the parties and the date and the place where the contract is concludedtrader and its legal status;
Amendment 303 #
2007/0113(COD)
Proposal for a directive
Annex V – Section title (before point b) (new)
Annex V – Section title (before point b) (new)
II. INFORMATION ABOUT THE RIGHTS ACQUIRED
Amendment 304 #
2007/0113(COD)
Proposal for a directive
Annex V – point (b)
Annex V – point (b)
(b) the exact nature and content of the right which is the subject of the contract;
Amendment 305 #
2007/0113(COD)
Proposal for a directive
Annex V – point (c)
Annex V – point (c)
(c) an appropriate description of the properties and their location; where the contract concerns accommodation other than immovable property, explanation of the way in which the exchange system works and the possibilities and modalities for exchange, as well as an indication of the number of resorts available and the number of members in the exchange system, including any limitations on the availability of particular accommodation selected by the consumer, for example as the result of peak periods of demand appropriate descnd/or the potential need to book a long time in advance, and indications of any restripctions of the accommodation and the factimeshare rights deposited into the exchange system by the consumer, including, where appropriate, limitations based on the number of points allotted to or held by the consumer and a set of examples of concrete exchange possibilities;
Amendment 306 #
2007/0113(COD)
Proposal for a directive
Annex V – Section title (after point d) (new)
Annex V – Section title (after point d) (new)
III. INFORMATION ABOUT THE PROPERTIES
Amendment 307 #
2007/0113(COD)
Proposal for a directive
Annex V – point (da) (new)
Annex V – point (da) (new)
(da) an appropriate description of the properties and their location; where the contract concerns accommodation other than immovable property, an appropriate description of the accommodation and the facilities;
Amendment 308 #
2007/0113(COD)
Proposal for a directive
Annex V – Section title (after point da (new)) (new)
Annex V – Section title (after point da (new)) (new)
IV. INFORMATION ABOUT COSTS
Amendment 309 #
2007/0113(COD)
Proposal for a directive
Annex V – point (e)
Annex V – point (e)
(e) the price to be paid by the consumer, an estimate of the amount to be paid by the consumer for the use of common facilities and services; the basis for the calculation of the amount of charges relating to occupation of the property, the mandatory statutory charges (for example, taxes and for membership of the exchange system and any renewal fees) and the administrative overheads (for example, mcurrent price to be paid per exchanagement, maintenance and repairs);
Amendment 310 #
2007/0113(COD)
Proposal for a directive
Annex V – point (ea) (new)
Annex V – point (ea) (new)
(ea) information on the obligation on the trader to provide details before an exchange is arranged, in respect of each proposed exchange, of any additional charges for which the consumer will be liable in respect of the exchange;
Amendment 311 #
2007/0113(COD)
Proposal for a directive
Annex V – point (f)
Annex V – point (f)
(f) a clause statingstatement that the consumer shall not bear any other costs or obligations other than those specified in the contract;
Amendment 312 #
2007/0113(COD)
Proposal for a directive
Annex V – point (g)
Annex V – point (g)
Amendment 313 #
2007/0113(COD)
Proposal for a directive
Annex V – point (h)
Annex V – point (h)
Amendment 314 #
2007/0113(COD)
Proposal for a directive
Annex V – Section title (before point i) (new)
Annex V – Section title (before point i) (new)
V. RIGHT OF WITHDRAWAL AND CANCELLATION OF THE CONTRACT
Amendment 315 #
2007/0113(COD)
Proposal for a directive
Annex V – point (i)
Annex V – point (i)
(i) information on the right to withdraw from the contract and the consequences of withdrawing from the contract, including a precise indication of the nature and amount of the costs which the consumer will be required to reimburse pursuant to Article 5(5) if he exercises his right tosuch withdrawal; where appropriatlicable, information on the arrangements for the termination of theany credit agreement and the ancillary contract linked to the contract in the event of withdrawal from the contract; information about and the consequences of such withdrawaltermination;
Amendment 317 #
2007/0113(COD)
Proposal for a directive
Annex V – point (ia) (new)
Annex V – point (ia) (new)
(ia) particulars indicating to whom and how the withdrawal notification is to be sent;
Amendment 318 #
2007/0113(COD)
Proposal for a directive
Annex V – point (j)
Annex V – point (j)
(j) information about the ban on advance payments during the period during which the consumer has a right to withdraw from the contract in accordance with Article 5 (1) to 5 (3);
Amendment 319 #
2007/0113(COD)
Proposal for a directive
Annex V – Section title (after point j) (new)
Annex V – Section title (after point j) (new)
VI. ADDITIONAL INFORMATION
Amendment 320 #
2007/0113(COD)
Proposal for a directive
Annex V – point (k)
Annex V – point (k)
Amendment 321 #
2007/0113(COD)
Proposal for a directive
Annex V – point (ka) (new)
Annex V – point (ka) (new)
(ka) an indication of the language(s) available for communication with the trader, for instance in relation to the handling of queries and complaints;
Amendment 322 #
2007/0113(COD)
Proposal for a directive
Annex V – point (l)
Annex V – point (l)
(l) twhe existence, content, control and enforcement of codes of conductre the trader is a signatory of codes of conduct, information about those codes;
Amendment 323 #
2007/0113(COD)
Proposal for a directive
Annex V – point (m)
Annex V – point (m)
(m) where applicable, information on the possibility ofor out-of-court dispute resolution.