Dutch Civil Code

Book 7 Particular agreements

Title 7.1a Contracts of timesharing, long-term holiday products, assistance and exchange

Article 7:50a Definitions
For the purpose of the present Title (Title 7.1a), the following definitions shall apply:
a. ‘consumer’ means a natural person who is not acting in the conduct of his trade, business, craft or professional practice;
b. ‘trader’ means a natural or legal person who is acting for purposes relating to his trade, business, craft or professional practice and anyone acting in the name of or on behalf of him;
c. ‘timeshare contract’ means a contract of a duration of more than one year, including any contractual provision allowing for a prolongation, under which a consumer, for consideration, acquires primarily the right to use one or more overnight accommodation for more than one period of occupation (timeshare right);
d. ‘long-term holiday product contract’ means a contract of a duration of more than one year, including any contractual provision allowing for a prolongation, under which a consumer, for consideration, acquires primarily the right to obtain discounts or other benefits in respect of accommodation, in isolation or together with travel or other services;
e. ‘contract for the provision of assistance in trade’*) means a contract under which a trader, for consideration, assists a consumer to acquire or transfer a timeshare right or a long-term holiday product;
f. ‘exchange contract’ means a contract under which a consumer, for consideration, joins an exchange system which allows that consumer access to overnight accommodation or other services in exchange for granting to other persons temporary access to the benefits of the rights deriving from that consumer’s timeshare contract;
g. ‘ancillary contract’ means a contract under which the consumer enjoys services which are related to a timeshare contract or long-term holiday product contract and which are provided by the trader or a third party on the basis of an arrangement between that third party and the trader;
h. ‘durable data carrier’ means any instrument which enables the consumer or the trader to store information addressed personally to him in a way which is accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored;
i. ‘Directive’ means Directive 2008/122/EC of the European Parliament and of the Council van 14 January 2009 on the protection of consumers in respect of certain aspects of timeshare, long-term holiday product, resale and exchange contracts.

*) The contract for the provision of assistance in trade is called in the Directive a resale contract.

Article 7:50b Pre-contractual information
- 1. The trader shall provide the consumer, free of any charge, in good time before the consumer is bound by any timeshare contract, in a clear and comprehensible manner, with accurate and sufficient information in conformity with the standard form as set out in Annex I of the Direction. The information is provided on paper or on other durable data carriers which are easily accessible to the consumer.
- 2. The information meant in paragraph 1 is drawn up in a language or one of the languages of the State in which the consumer is resident or a national, at the choice of the consumer, provided that it is an official language of the European Union or of one of the States that is a party to the Agreement on the European Economic Area.
- 3. In advertisements for timeshare contracts shall be specified that there is a possibility of obtaining the information referred to paragraph 1, and where it can be obtained.
- 4. Where, at a promotion or sales event, an offer is made to the consumer for a timeshare contract, the trader shall clearly indicate in the invitation the commercial purpose and the nature of the event.
- 5. The trader ensures that the information meant in paragraph 1 shall be continuously available to the consumer during the promotion or sales event.
- 6. The timeshare contract shall not be offered or indicated as an investment.
- 7. A trader acting in conflict with the present Article conducts un unfair commercial practice as referred to in Article 6:193b.

Article 7:50c Conclusion of the contract
- 1. A timeshare contract is entered into in writing, on paper or on another durable data carrier, and signed by parties.
- 2. The timeshare contract is drawn up in the language or one of the languages of the State in which the consumer is resident or a national, at the choice of the consumer, provided it is an official language of the European Union or of a State that is a party to the Agreement on the European Economic Area.
- 3. The contract contains at least:
a. the identity and the place of residence of each of the parties, and;
b. the date and place of the conclusion of the contract.
- 4. The information meant in Article 7:50b, paragraph 1, shall form an integral part of the timeshare contract and shall not be altered unless parties expressly have agreed 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.
- 5. The changes meant in the previous paragraph shall be mentioned explicitly in the contract and shall be communicated, before the contract is concluded, to the consumer on paper or on another durable data carrier easily accessible to him.
- 6. The timeshare contract shall include a separate standard dissolution form (standard withdrawal form), as set out in Annex V of the Directive.
- 7. Before the conclusion of the timeshare contract, the trader explicitly draws the consumer’s attention to the existence of the right of dissolution*), the period during which this right may be exercised and the prohibition of advance payments during this period. The provisions (clauses) of the contract relating thereto, are signed separately by the consumer.
- 8. The contract meant in paragraph 1 or a copy thereof is handed over to the consumer at the time of the conclusion of the contract.

*) The right of withdrawal as granted under the Directive is under Dutch civil law converted into a right of dissolution, having the same effect.

Article 7:50d Right of dissolution*)
- 1. The consumer has the right to dissolve the timeshare contract, free of charge and without giving any reason, during a period of fourteen days:
a. from the day of the conclusion of the contract or of any preliminary contract, or;
b. from the day on which the consumer receives a copy of the contract or of a preliminary contract if it is later than the date referred to under (a).
- 2. When the requirements of Article 7:50b, paragraph 1, have not been met, the period mentioned in the previous paragraph is extended with the time that has expired from the moment meant in the previous paragraph, under (a) or (b), respectively, up until the moment on which all missing data have been provided in the required way to the consumer after all, yet at most with three months.
- 3. If the standard form meant in Article 7:50c, paragraph 1, that has to be filled in by the trader, is missing in the timeshare contract, the period meant in paragraph 1 is extended with the time that has expired from the moment meant in paragraph 1, under (a) or (b), respectively, up until the moment on which all missing data have been provided in the required way to the consumer after all, yet at the most with one year.
- 4. The consumer exercises the right meant in paragraph 1 by sending, within the set period, a written declaration to this end on paper or on another durable data carrier to the trader.

*) The right of withdrawal as granted under the Directive is under Dutch civil law converted into a right of dissolution, having the same effect.

Article 7:50e Dissolution by operation of law of other linked contracts
- 1. In the event of a dissolution in accordance with Article 7:50d, the consumer neither bears any costs, nor is held liable for any value corresponding to the service which may have been provided to him before the dissolution.
- 2. A dissolution in accordance with Article 7:50d shall by operation of law, without any costs, result for the consumer additional in a dissolution of:
a. exchange contracts that are linked to the time share contract;
b. other ancillary contracts, and;
c. a contract through which the trader or a third party on the basis of an arrangement between that third party and the trader, gives a credit to the consumer for the payment of a price or a part thereof.

Article 7:50f Undue payments made within the applicable dissolution period
- 1. During the period in which the consumer may exercise the right of dissolution referred to in Article 7:50d, paragraph 1, he shall not be requested or obliged to:
a. make any advance payments;
b. provide guarantees;
c. reserve money on accounts;
d. acknowledge a debt, or;
e. pay any other consideration or compensation;
- 2. Payments made within the period meant in the previous paragraph, are deemed to be undue payments.

Article 7:50g Long-term holiday product contract
- 1. Articles 7:50a up to and including 7:50f apply accordingly to a long-term holiday product contract, on the understanding that the information, referred to in Article 7:50b, is provided in conformity with the standard form set out in Annex II of the Directive.
- 2. The price of a long-term holiday product contract, including any membership fee, is paid in equal yearly instalments. Any other payment is deemed to be an undue payment.
- 3. The trader shall send, at least fourteen calendar days in advance of each due date, a written request for payment on paper or on another durable data carrier to the consumer.
- 4. From the second instalment payment onwards, the consumer may terminate the contract without incurring any penalty by giving notice to the trader within fourteen calendar days of receiving the request for payment of each instalment.

Article 7:50h Contract for the provision of assistance in trade and exchange contract
Article 7:50b, paragraph 1 up to and including 5, and paragraph 7, and Articles 7:50c, 7:50d, 7:50e, paragraph 1 and 2, the beginning, and under (c), and also Article 7:50f, apply accordingly to a contract for the provision of assistance in trade*) and to an exchange contract, on the understanding that:
a. with respect to a contract for the provision of assistance in trade:
1° the information referred to in Article 7:50b shall be provided in conformity with the standard form set out in Annex III of the Directive;
2° Article 7:50f shall have effect only until the transfer or acquisition has taken place or the contract has ended in another way;
b. with respect to an exchange contract:
1° the information referred to in Article 7:50b shall be provided in conformity with the standard form set out in Annex IV of the Directive, and;
2° where the contract is offered together with and at the same time as a timeshare contract, only one period for dissolution as meant in Article 7:50d, paragraph 1, shall be applicable, which for both contracts is to be calculated in accordance with paragraph 1 of the present Article.

*) The contract for the provision of assistance in trade is called in the Directive a resale contract.

Article 7:50i Final provisions / protection of consumers
- 1. Council Regulation (EEC, Euratom) No 1182/71 of 3 June 1971 determining the rules applicable to periods, dates and time limits applies accordingly to the calculation of the periods set out in the present Title (Title 7.1a).
- 2. It is not possible to derogate to the detriment of the consumer from the present Title (Title 7.1a)
- 3. Where the law of a third State is governing the contract, the court shall apply the provisions of the present Title (Title 7.1a) that are protecting the consumer, if the contract:
a. relates to an immovable property located in a Member State of the European Union or in a State that is a party to the Agreement on the European Economic Area, or;
b. does not relate directly to immovable property and the trader performs his trade or professional activities in, or addresses these activities using any kind of means to, a Member State of the European Union or to a State that is a party to the Agreement on the European Economic Area, and the contract falls under the scope of these activities.
- 4. The present Title (Title 7.1a) only applies to contracts between traders and consumers.