- Latest available (Revised)
- Point in Time (31/12/2020)
- Original (As made)
Point in time view as at 31/12/2020.
There are currently no known outstanding effects for the The Timeshare, Holiday Products, Resale and Exchange Contracts Regulations 2010,
PART 4
.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
15.—(1) A trader must not enter into a regulated contract unless the contract complies with the requirements of this regulation.
(2) The contract must be in writing and include—
(a)the identity, place of residence and signature of each of the parties;
(b)the date and place of conclusion of the contract.
(3) The contract must set out the key information in relation to the contract which is required under regulation 12.
(4) That key information must be set out—
(a)as terms of the contract, and
(b)with no changes, other than permitted changes.
(5) “Permitted changes” means changes to the key information which were communicated to the consumer in writing before the conclusion of the contract and which—
(a)were expressly agreed between the trader and the consumer, or
(b)resulted 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.
(6) Any permitted changes must be expressly mentioned in the contract.
(7) The contract must include the standard withdrawal form set out in Schedule 5.
(8) If a trader contravenes paragraph (1)—
(a)the trader commits an offence, and
(b)the contract is unenforceable against the consumer.
16.—(1) Before entering into a regulated contract a trader must draw the attention of the consumer to the following matters—
(a)the right of withdrawal under the contract (see regulation 20),
(b)the length of the withdrawal period (see regulation 21), and
(c)the prohibition on advance consideration during the withdrawal period (see regulation 25).
(2) Before entering into a regulated contract a trader must obtain the signature of the consumer in relation to each section of the contract dealing with those matters.
(3) When a trader and consumer enter into a regulated contract, the trader must provide the consumer with a copy of the contract at the time the contract is concluded.
(4) If a trader fails to comply with any of paragraphs (1) to (3) —
(a)the trader commits an offence, and
(b)the contract is unenforceable against the consumer.
17.—(1) A trader must not enter into a regulated contract unless it complies with the requirements of this regulation, so far as applicable.
[F1(2) The contract must be drawn up in English and may, in addition, be drawn up in another language.]
F2(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) If a trader fails to [F3draw up the contract in English] the contract is unenforceable against the consumer.
Textual Amendments
F1Reg. 17(2) substituted (31.12.2020) by The Timeshare, Holiday Products, Resale and Exchange Contracts (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1397), regs. 1, 2(4)(a) (with reg. 3) (as amended by S.I. 2020/1347, regs. 1(3), 3); 2020 c. 1, Sch. 5 para. 1(1)
F2Reg. 17(3)(4) omitted (31.12.2020) by virtue of The Timeshare, Holiday Products, Resale and Exchange Contracts (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1397), regs. 1, 2(4)(b) (with reg. 3) (as amended by S.I. 2020/1347, regs. 1(3), 3); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in reg. 17(5) substituted (31.12.2020) by The Timeshare, Holiday Products, Resale and Exchange Contracts (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1397), regs. 1, 2(4)(c) (with reg. 3) (as amended by S.I. 2020/1347, regs. 1(3), 3); 2020 c. 1, Sch. 5 para. 1(1)
18.—(1) This regulation applies to a regulated contract if—
(a)it is a timeshare contract, and
(b)the subject of the contract is a single item of specific immovable property situated in an EEA State.
(2) The trader must not enter into the contract unless the trader has provided the consumer with a certified translation of the contract in the language, or one of the languages, of that State.
(3) The language of the translation must be an official language of an EEA State.
(4) Paragraphs (2) and (3) do not apply if the contract is drawn up in a language in which the translation is required or permitted to be made.
(5) A trader who contravenes paragraphs (2) or (3) of this regulation commits an offence.
(6) A “certified translation” means a translation which is certified to be accurate by a person authorised to make or verify translations for the purposes of court proceedings.
19. A term contained in a regulated contract is void to the extent that it purports to allow the consumer to waive the rights conferred on them by these Regulations.
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: