Brussels, 17 October 2008
Consumers across the EU are set to benefit from greater holiday protection - when they buy and resell timeshare holidays, or timeshare-like holidays on cruise boats, canal boats, caravans and "discount holiday clubs" - under new rules to be voted by the European Parliament on 22 October. The aim of the proposed Directive is to further boost consumer confidence in the Timeshare industry (worth over €10.5 billion and responsible for more than 40,000 jobs across the EU) and to eliminate the rogue traders who cause problems for consumers and bring legitimate operators into disrepute. Up to now, EU rules on Timeshare have given consumers basic rights with regard to clear information, the right to withdraw and change their mind, and a ban on deposits. The new Directive which the European Parliament will vote on next Wednesday, aims to tackle loopholes in the current rules. Most importantly, it would extend the scope of the 1994 EU Timeshare Directive to cover new products which have emerged on the market – like discount holiday clubs, and "timeshare-like" holidays on cruise boats, canal boats and caravans. It would also extend protection to important areas like timeshare resale and exchange clubs. The new rules would ensure that consumers are equally well protected across the EU and will create a level playing field in the market for timeshare and certain other holiday-related products.
What is timeshare?
Timeshare is the right to spend a period of time (i.e. one or more weeks) in a holiday property for a specified period of the year for three years or longer. Timeshare holidays are very popular in many EU countries. For example, the UK, Sweden, Germany, Italy and Spain, have some of the highest number of consumers buying timeshare holidays. Spain, Portugal, Germany, Italy and France have substantial domestic timeshare industries. Countries like the Czech Republic, Hungary and Poland show a growing market for consumers buying timeshare holidays.
The 1994 current Directive protects consumers' interests by:
Why did the Commission revise the current law?
Since the adoption of the Directive in 1994, there have been major developments in the marketplace. New products and contracts have been developed that fall outside the scope of the legislation. Therefore, consumers who buy them do not get the same rights or levels of protection. For instance, the new products may allow the consumer to use different kinds of property (e.g. cruise boats, caravans or canal boats), or the contracts may last for less than three years. A further problem is that the re-sale and exchange of timeshare schemes are not covered by the existing rules.
What will the new Directive cover?
The new Directive will replace the old one with a modern, simplified and coherent framework, covering timeshare and long-term holiday products, as well as exchange and resale. The proposal will extend the scope of current rules to cover:
The lack of regulation of long-term holiday products, re-sale and exchange schemes means that they are not covered by rules on cooling-off periods, deposits and consumer information. Consequently, consumers who sign up under pressure have little scope to change their mind. The new Directive will enhance consumer rights in the market for timeshare and long-term holiday products, and create a level playing field for the sellers of these products.