2010 No. 2960

CONSUMER PROTECTION

Made – – – – 11th December 2010

Laid before Parliament 15th December 2010

Coming into force – – 23rd February 2011

ARRANGEMENT OF REGULATIONS

PART 1 GENERAL

Termination of long-term holiday product contracts 24.—(1)

A consumer who is party to a regulated contract that is a long-term holiday product contract may terminate the contract in accordance with this regulation without incurring any penalty.

(2) The consumer may terminate the contract by giving notice of termination to the trader no later than 14 days after any day on which the consumer receives a request for payment of an instalment under regulation 26 (4).

(3) The right to terminate the contract under this regulation does not affect any other right available to the consumer to terminate or withdraw from the contract.

(4) The reference to “instalment” in paragraph (2) does not include the first instalment.

Payment schedule: long-term holiday product contracts 26.—(1)

A trader must not accept any payment in respect of a regulated contract that is a long term holiday product contract unless the payment is made in accordance with a schedule which complies with the requirements of this regulation.

(2) The schedule must provide for all payments under the contract (including any membership fee) to be divided into yearly instalments of equal value, taking into account the duration of the contract.

(3) The schedule must be prepared by the trader and provided to the consumer.

(4) The trader must send a request for payment in writing to the consumer at least 14 days before a payment of an instalment becomes due under the schedule.

(5) A trader who contravenes paragraph (1) or (4) commits an offence.

Completing the standard information form

13.—(1) The standard information form must be completed as follows—

  • the information required by Part 1 of the form must be inserted in the appropriate places (without deleting the existing text in that Part),
  • (b) Part 2 of the form must not be amended, and
  • (c) the information required by Part 3 of the form must be inserted in the appropriate places in accordance with any applicable notes (which may then be deleted).

(2) The “standard information form” means the form set out in—

  • (a) Schedule 1, in the case of a timeshare contract;
  • (b) Schedule 2, in the case of a long-term holiday product contract;
  • (c) Schedule 3, in the case of a resale contract; and
  • (d) Schedule 4, in the case of an exchange contract.

 

SCHEDULE 2

Regulation 13(2)(b) Standard Information Form for Long-Term Holiday Product Contracts

 Part 1

Identity, place of residence and legal status of the trader(s) which will be party to the contract:

Short description of the product:

Exact nature and content of the right(s):

Exact period within which the right which is the subject of the contract may be exercised and, if necessary, its duration:

Date on which the consumer may start to exercise the contractual right:

Price to be paid by the consumer for acquiring the right(s), including any recurring costs the 20 consumer can expect to incur resulting from the right to obtain access to the accommodation, travel and any related products or services as specified:

The staggered payment schedule setting out equal amounts of instalments of this price for each year of the length of the contract and the dates on which they are due to be paid:

After year 1, subsequent amounts may be adjusted to ensure that the real value of those instalments is maintained, for instance to take account of inflation. Outline of additional obligatory costs imposed under the contract; type of costs and indication of amounts (e.g. annual membership fees):

A summary of key services available to the consumer (e.g. discounted hotel stays and flights):

Are they included in the costs indicated above? If not, specify what is included and what has to be paid for (e.g. three-night stay included in annual membership fee, all other accommodation must be paid for separately):

Has the trader signed a code/codes of conduct and, if yes, where can it/they be found?

 Part 2 General information: –

The consumer has the right to withdraw from this contract without giving any reason within 14 days from the conclusion of the contract or receipt of the contract if that takes place later.

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

The consumer has the right to terminate the contact without incurring any penalty by giving notice to the trader within 14 days of receiving the request for payment for each annual instalment.

– The consumer shall not bear any costs or obligations other than those specified in the contract. –

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

Signature of the consumer:

21 Part 3

Additional information to which the consumer is entitled and where it can be obtained specifically (for instance, under which chapter of a general brochure) if not provided below:

  1. INFORMATION ABOUT THE RIGHTS ACQUIRED

– an appropriate and correct description of discounts available for future bookings, illustrated by a set of examples of recent offers,

– information on the restrictions on the consumer’s ability to use the rights, such as limited availability or offers provided on a first-come-first-served basis, time limits on particular promotions and special discounts.

  1. INFORMATION ON THE TERMINATION OF THE CONTRACT -where appropriate, information on the arrangements for the termination of ancillary contracts and the consequences of such termination; – conditions for terminating the contract, the consequences of termination, and information on any liability of the consumer for any costs which might result from such termination.
  2. ADDITIONAL INFORMATION

 – indication of the language(s) available for communication with the trader in relation to the contract, for instance in relation to the handling of queries and complaints,

– where applicable, the possibility for out-of-court dispute resolution.

Acknowledgement of receipt of information:

Signature of the consumer

 


Last modified: 15th February 2016