S.L. 409.2 Art. 7The timeshare, long-term holiday product, resale or exchange contract.

(1) A contract to which these regulations apply, shall be valid if :

(a) it is in writing;

(b) it is on paper or on another durable medium;

(c) it includes the information referred to under regulation 6(1);

(d) it includes the identity, place of residence and signature of each of the parties;

(e) it includes the date and place of the conclusion of the contract;

(f) it is drawn up in the language or one of the languages of the country in which the consumer is resident or a national, at the choice of the consumer, provided such language is an official language of the European Union: Provided that, in addition to sub-regulation (1), where the trader carries out sale activities in Malta, the trader shall in every instance provide the consumer with a contract drawn up in Maltese or in English:

Provided further that in addition, where the consumer is resident in Malta, the trader shall:

(a) in every instance provide the consumer with a contract drawn up in Maltese or in English;

(b) where the timeshare contract concerns one specific Member State, provide the consumer with a certified translation of the contract drawn up in the language of that Member State.

(2) The information referred to in regulation 6(1) shall form an integral part of the contract to which these regulations apply and shall not be altered unless:

(a) the parties expressly agree otherwise; or

(b) the changes result from unusual and unforeseeable circumstances beyond the trader’s control and the consequences of which could not have been avoided even if all due care has been exercised:

Provided that any changes to the information referred to in regulation 6(1) shall be communicated to the consumer, on paper or on another medium easily accessible to him before the contract is concluded and shall be expressly mentioned in the contract.

(3) Before the conclusion of the contract, the trader shall explicitly draw the consumer’s attention to the existence of the right to withdraw from a contract, the length of the withdrawal period as provided for in regulation 8, and the ban on advance payments during the withdrawal period as provided for in regulation 9.

(4) Each contract shall include separate contractual clauses providing for the right to withdraw from a contract, the length of the withdrawal period, and the prohibition on advance payments as provided for under these regulations. Such information shall be included in the text of the contract, and the corresponding contractual clauses shall be signed separately by the consumer.

(5) Each contract shall include a separate standard withdrawal form as set out in Schedule V, whereby withdrawal may be exercised by the consumer as provided for in regulation 8.

(6) The trader shall provide the consumer with a copy or copies of the contract at the time of its conclusion.