Your consumer rights

Protection only for timeshare contracts

The so-called Timeshare Directive was adopted in 1994 and has now been transposed by all EU Member States into national law. In Spain, Europe's largest timeshare market, the Directive was transposed in 1999.

Note: The protection provided by the Timeshare Directive applies only to contracts with a term of at least 36 consecutive months. In the meantime, sellers have started offering contracts with a term of 35 months or less, so that consumers are deprived of their rights.

These are the main points of the Directive:

Duty to provide comprehensive information

Before they sign the contract, potential buyers are entitled to demand a document providing the following information succinctly and accurately:

• the name, place of business and legal status of the seller
  
• the name and place of business of the owner
  
• the nature of the right which is the subject of the contract
  
• a description of the property
  
• communal services such as lighting, water, maintenance and the conditions for their use
  
• common amenities (e.g. the swimming pool) and the conditions for their access
  
• the principles according to which repairs, maintenance, administration and management are arranged
  
• the price to be paid to exercise the right
  
• an estimate of the cost for the use of communal services and amenities
  
• an explanation of how the costs for the occupation of the property, taxes and other charges
  
• and additional administrative costs for management, repairs and maintenance are calculated
  
• ull information about the right of withdrawal.

Right of withdrawal

• Within ten days of signature of the contract by the two parties, the consumer is entitled to withdraw from the contract in writing. No grounds need to be given. The withdrawal letter should be sent to the addressee stated in the information about the right of withdrawal.
  
• The date of postage counts as the date of withdrawal from the contract. (In order to be able to prove this date, you should send the letter by registered post).
  
• The deadline is extended to three months if certain fundamental pieces of information are missing from the contract: in addition to the information in the bullet points on the previous page, this includes details of the status of the building work and the expected completion date if the complex is still under construction. After this three-month period has elapsed, the consumer has another ten days to assert this right.
  This means that after three months and ten days there is no way out of a written timeshare contract!

Ban on advance payments

The seller is not allowed to request or accept an advance payment within the first ten days after signature of the contract.