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Directive 2008/122/EC of the European Parliament and of the CouncilShow full title
Directive 2008/122/EC of the European Parliament and of the Council of 14 January 2009 on the protection of consumers in respect of certain aspects of timeshare, long-term holiday product, resale and exchange contracts (Text with EEA relevance)
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Changes over time for: Article 5
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Article 5U.K.The timeshare, long-term holiday product, resale or exchange contract
1.Member States shall ensure that the contract is in writing, on paper or on another durable medium, and drawn up in the language or one of the languages of the Member State in which the consumer is resident or a national, at the choice of the consumer, provided it is an official language of the Community.
However, the Member State in which the consumer is resident may require that in addition:
(a)in every instance, the contract be provided to the consumer in the language or one of the languages of that Member State, provided it is an official language of the Community;
(b)in the case of a timeshare contract concerning one specific immovable property, the trader provide the consumer with a certified translation of the contract in the language or one of the languages of the Member State in which the property is situated, provided it is an official language of the Community.
The Member State on whose territory the trader carries out sale activities may require that, in every instance, the contract be provided to the consumer in the language or one of the languages of that Member State, provided it is an official language of the Community.
2.The information referred to in Article 4(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 unusual and unforeseeable circumstances beyond the trader’s control, the consequences of which could not have been avoided even if all due care had been exercised.
These changes shall be communicated to the consumer on paper or on another durable medium easily accessible to him, before the contract is concluded.
The contract shall expressly mention any such changes.
3.In addition to the information referred to in Article 4(1), the contract shall include:
(a)the identity, place of residence and signature of each of the parties; and
(b)the date and place of the conclusion of the contract.
4.Before the conclusion of the contract, the trader shall explicitly draw the consumer’s attention to the existence of the right of withdrawal, the length of the withdrawal period referred to in Article 6, and the ban on advance payments during the withdrawal period referred to in Article 9.
The corresponding contractual clauses shall be signed separately by the consumer.
The contract shall include a separate standard withdrawal form, as set out in Annex V, intended to facilitate the exercise of the right of withdrawal in accordance with Article 6.
5.The consumer shall receive a copy or copies of the contract at the time of its conclusion.
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