Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
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S.L. 409.2 · Protection Of Consumers (Timeshare, (S.L. 409.2)

S.L. 409.2 Art. 14Enforcement. will be party to property): may be date when the type of costs levies, local water, be paid by the pool or sauna): can it/they be without giving or any place later. consumer is payment, explicit but also to than those [ • In by a law other is habitually those of the domiciled. Signature

In KraftAmtlicher Text

An authorised officer may, for the purpose of obtaining information to enable the Director to perform his functions under these regulations, at all reasonable hours and on production, if required, of his credentials, exercise the following powers:

(a) require any trader to give any other information which the officer may reasonably require in regard to such business activity;

(b) summon, at any reasonable time, any trader to give to the officer any information which the officer may reasonable require in regard to such business or activity and to produce to the officer any records which are in that person’s control.

SCHEDULE I Regulation 6(1)(a)

STANDARD INFORMATION FORM FOR TIMESHARE CONTRACTS Part 1: Identity, place of residence and legal status of the trader(s) which the contract: Short description of the product (e.g. description of the immovable

Exact nature and content of the right(s): Exact period within which the right which is the subject of the contract exercised and, if necessary, its duration: Date on which the consumer may start to exercise the contractual right: If the contract concerns a specific property under construction, accommodation and services/facilities will be completed/available: Price to be paid by the consumer for acquiring the right(s):

Outline of additional obligatory costs imposed under the contract; and indication of amounts (e.g. annual fees, other recurrent fees, special taxes): A summary of key services available to the consumer (e.g. electricity, maintenance, refuse collection) and an indication of the amount to consumer for such services: A summary of facilities available to the consumer (e.g. swimming Are these facilities included in the costs indicated above?

If not, specify what is included and what has to be paid for: Is it possible to join an exchange scheme? If yes, specify the name of the exchange scheme:

Indication of costs for membership/exchange: Has the trader signed a code/codes of conduct and, if yes, where found?

Part 2:

General Information: • The consumer has the right to withdraw from this contract any reason within 14 calendar days from the conclusion of the contract binding preliminary contract or receipt of those contracts if that takes

• During this withdrawal period, any advance payment by the prohibited. The prohibition concerns any consideration, including provision of guarantees, reservation of money on accounts, acknowledgement of debt etc. It includes not only payment to the trader, third parties.

• The consumer shall not bear any costs or obligations other specified in the contract. S.L.409.02 AND EXCHANGE CONTRACTS)

accordance with international private law, the contract may be governed than the law of the Member State in which the consumer is resident or domiciled and possible disputes may be referred to courts other than Member State in which the consumer is resident or is habitually

___________________ the consumer:

information to which the consumer is entitled and where it can be specifically (for instance, under which chapter of a general brochure) if not below: INFORMATION ABOUT THE RIGHTS ACQUIRED conditions governing the exercise of the right which is the subject of the within the territory of any Member States in which the property or concerned are situated and information on whether these conditions have or, if they have not, what conditions remain to be fulfilled, the contract provides rights to occupy accommodation to be selected accommodation, information on restrictions on the consumer’s ability accommodation in the pool at any time. INFORMATION OF THE PROPERTIES

the contract concerns a specific immovable property, an accurate and description of that property and its location; where the contract concerns a properties (multi-resorts), an appropriate description of the properties and where the contract concerns accommodation other than immovable appropriate description of the accommodation and the facilities, services (e.g. electricity, water, maintenance, refuse collection) to consumer has or will have access to and under what conditions, applicable, the common facilities, such as swimming pool, sauna etc., consumer has or may have access and under what conditions.

ADDITIONAL REQUIREMENTS FOR ACCOMMODATION UNDER CONSTRUCTION (where applicable)

state of completion of the accommodation and of the services rendering accommodation fully operational (gas, electricity, water and telephone and any facilities to which the consumer will have access, deadline for completion of the accommodation and of the services fully operational (gas, electricity, water and telephone connections) and estimate of the deadline for the completion of any facilities to which the have access, number of the building permit and the name(s) and full address(es) of authority or authorities, guarantee regarding completion of the accommodation or a guarantee reimbursement of any payment made if the accommodation is not where appropriate, the conditions governing the operation of such