Product, Resale and Exchange Contracts) Regulations, 2011

L.N. 109 of 2011

MALTA TRAVEL AND TOURISM SERVICES ACT

(CAP.409 )

Protection of Consumers (Timeshare, Long-Term Holiday

Product, Resale and Exchange Contracts) Regulations, 2011

IN exercise of the powers conferred by article 47 of the

Malta Travel And Tourism Services Act, the Prime Minister, after

consultation with the Malta Tourism Authority, has made the

following regulations

(1) The title of these regulations is the Protection of

Consumers in respect of certain aspects of Timeshare, Long-Term

Holiday Product, Resale and Exchange Contracts) Regulations,

2011.

Regulation 6 (1) (a)

STANDARD INFORMATION FORM FOR TIMESHARE CONTRACTS

Part 1

Identity, place of residence and legal status of the trader(s) which will be party

to the contract

Short description of the product (e.g. description of the immovable property)

Exact nature and content of the right(s)

Exact period within which the right which is the subject of the contract may be

exercised and, if necessary, its duration

Date on which the consumer may start to exercise the contractual right

If the contract concerns a specific property under construction, date when the

accommodation and services/facilities will be completed/available

Outline of additional obligatory costs imposed under the contract; type of costs

and indication of amounts (e.g. annual fees, other recurrent fees, special levies, local

taxes)

A summary of key services available to the consumer (e.g. electricity, water,

maintenance, refuse collection) and an indication of the amount to be paid by the

consumer for such services

A summary of facilities available to the consumer (e.g. swimming pool or

sauna)

Are these facilities included in the costs indicated above?

If not, specify what is included and what has to be paid for

Is it possible to join an exchange scheme?

If yes, specify the name of the exchange scheme

Indication of costs for membership/exchange

Has the trader signed a code/codes of conduct and, if yes, where can it/they be

found?

Part 2

General Information

• The consumer has the right to withdraw from this contract without giving

any reason within 14 calendar days from the conclusion of the contract or any

binding preliminary contract or receipt of those contracts if that takes place later.

• During this withdrawal period, any advance payment by the

consumer is prohibited. The prohibition concerns any consideration, including

payment, provision of guarantees, reservation of money on accounts, explicit

acknowledgement of debt etc. It includes not only payment to the trader, but also to

third parties.

• The consumer shall not bear any costs or obligations other than those

specified in the contract.

• In accordance with international private law, the contract may be governed

by a law other than the law of the Member State in which the consumer is resident

or is habitually domiciled and possible disputes may be referred to courts other

than those of the Member State in which the consumer is resident or is habitually

domiciled.

Signature of the consumer

Part 3

Additional information to which the consumer is entitled and where it can be

obtained specifically (for instance, under which chapter of a general brochure) if not

provided below

1. INFORMATION ABOUT THE RIGHTS ACQUIRED

• conditions governing the exercise of the right which is the subject of

the contract within the territory of any Member States in which the property or

properties concerned are situated and information on whether these conditions have

been fulfilled or, if they have not, what conditions remain to be fulfilled,

• where the contract provides rights to occupy accommodation to be selected

from a pool of accommodation, information on restrictions on the consumer’s ability

to use any accommodation in the pool at any time.

2. INFORMATION OF THE PROPERTIES

• Where the contract concerns a specific immovable property, an accurate and

detailed description of that property and its location; where the contract concerns a

number of properties (multi-resorts), an appropriate description of the properties and

their location; where the contract concerns accommodation other than immovable

property, an appropriate description of the accommodation and the facilities,

• The services (e.g. electricity, water, maintenance, refuse collection) to

which the consumer has or will have access to and under what conditions,

• Where applicable, the common facilities, such as swimming pool, sauna

etc., to which the consumer has or may have access and under what conditions.

3. ADDITIONAL REQUIREMENTS FOR ACCOMMODATION UNDER

CONSTRUCTION (where applicable)

• The state of completion of the accommodation and of the services

rendering the accommodation fully operational (gas, electricity, water and telephone

connections) and any facilities to which the consumer will have access,

• The deadline for completion of the accommodation and of the services

rendering it fully operational (gas, electricity, water and telephone connections) and

a reasonable estimate of the deadline for the completion of any facilities to which

the consumer will have access,

• The number of the building permit and the name(s) and full address(es) of

the competent authority or authorities,

• A guarantee regarding completion of the accommodation or a guarantee

regarding reimbursement of any payment made if the accommodation is not

completed and, where appropriate, the conditions governing the operation of such

guarantees.

4. INFORMATION ON THE COSTS

• An accurate and appropriate description of all costs associated with the

timeshare contract; how these costs will be allocated to the consumer and how and

when such costs may be increased; the method for the calculation of the amount

of charges relating to occupation of the property, the mandatory statutory charges

(for example, taxes and fees) and the administrative overheads (for example,

management maintenance and repairs),

• Where applicable, information on whether there are any charges, mortgages,

encumbrances or any other liens recorded against title to the accommodation.

5. INFORMATION ON TERMINATION OF THE CONTRACT

• Where appropriate, information on the arrangements for the termination of

ancillary contracts and the consequences of such termination,

• Conditions for terminating the contract, the consequences of termination,

and information on any liability of the consumer for any costs which might result

from such termination.

6. ADDITIONAL INFORMATION

• Information on how maintenance and repairs of the property and its

administration and management are arranged, including whether and how consumers

may influence and participate in the decisions regarding these issues,

• Information on whether or not it is possible to join a system for the resale

of the contractual rights, information about the relevant system and an indication of

costs related to resale through this system,

• Indication of the language(s) available for communication with the trader

in relation to the contract for instance in relation to management decisions, increase

of costs and the handling of queries and complaints,

• Where applicable, the possibility for out-of-court dispute resolution.

Acknowledgement of receipt of information

Signature of the consumer

(1) These regulations transpose the provisions of the

Council Directive 2008/122/EC. of the European Parliament and of

the Council of 14 January 2009.

(2) The purpose of these regulations is to contribute

to the proper functioning of the internal market and to achieve a

high level of consumer protection, by approximating the laws,

regulations and administrative provisions in respect of certain

aspects of the marketing, sale and resale of timeshares and long-

term holiday products as well as exchange contracts.

(3) These regulations apply to trader-to-consumer

transactions and shall be without prejudice to laws

(a) providing for general contract law remedies;

(b) relating to the registration of immovable or

movable property and conveyance of immovable property;

(c) relating to conditions of establishment or

authorisation regimes or licensing requirements; and

(d) relating to the determination of the legal nature of

the rights which are the subject of the contracts covered by

these regulations.

Regulation 6 (1) (b)

STANDARD INFORMATION FORM FOR LONG-TERM HOLIDAY

PRODUCT CONTRACTS

Part 1

Identity, place of residence and legal status of the trader(s) which will be party

to the contract

Short description of the product

Exact nature and content of the right(s)

Exact period within which the right which is the subject of the contract may be

exercised and, if necessary, its duration

Date on which the consumer may start to exercise the contractual right

any recurring costs the consumer can expect to incur resulting from the right to

obtain access to the accommodation, travel and any related products or services as

specified

The staggered payment schedule setting out equal amounts of instalments of

this price for each year of the length of the contract and the dates on which they are

due to be paid

After 1 year, subsequent amounts may be adjusted to ensure that the real value

of those instalments is maintained, for instance to take account of inflation.

Outline of additional obligatory costs imposed under the contract; type of costs

and indication of amounts (e.g. annual membership fees)

A summary of key services available to the consumer (e.g. discounted hotel

stays and flights)

Are they included in the costs indicated above?

If not, specify what is included and what has to be paid for (e.g. three-night

stay included in annual membership fee, all other accommodation must be paid for

separately)

Has the trader signed a code/codes of conduct and, if yes, where can it/they be

found?

Part 2

General Information

• The consumer has the right to withdraw from this contract without giving

any reason within 14 calendar days from the conclusion of the contract or any

binding preliminary contract or receipt of those contracts if that takes place later.

• During this withdrawal period, any advance payment by the

consumer is prohibited. The prohibition concerns any consideration, including

payment, provision of guarantees, reservation of money on accounts, explicit

acknowledgement of debt etc. It includes not only payment to the trader, but also to

third parties.

• The consumer has the right to terminate the contract without incurring

any penalty by giving notice to the trader within 14 calendar days of receiving the

request for payment for each annual installment.

• The consumer shall not bear any costs or obligations other than those

specified in the contract.

• In accordance with international private law, the contract may be governed

by a law other than the law of the Member State in which the consumer is resident

or is habitually domiciled and possible disputes may be referred to courts other

than those of the Member State in which the consumer is resident or is habitually

domiciled.

Signature of the consumer

Part 3

Additional information to which the consumer is entitled and where it can be

obtained specifically (for instance, under which chapter of a general brochure) if not

provided below

1. INFORMATION ABOUT THE RIGHTS ACQUIRED

• An appropriate and correct description of discounts available for future

bookings, illustrated by a set of examples of recent offers.

• Information on the restrictions on the consumer’s ability to use the rights,

such as limited availability or offers provided on a first-come-first-served basis, time

limits on particular promotions and special discounts.

2. INFORMATION ON THE TERMINATION OF THE CONTRACT

• Where appropriate, information on the arrangements for the termination of

ancillary contracts and the consequences of such termination.

• Conditions for terminating the contract, the consequences of termination

and information on any liability of the consumer for any costs which might result

from such termination.

3. ADDITIONAL INFORMATION

• Indication of the language(s) available for communication with the trader

in relation to the contract, for instance in relation to the handling of queries and

complaints,

• Where applicable, the possibility for out-of-court dispute resolution.

Acknowledgement of receipt of information

Signature of the consumer

(1) In these regulations, unless the context otherwise

requires

“the Act” means the Malta Travel and Tourism Services

Act;

“accommodation” means any movable or immovable

facility designated for overnight stays;

“ancillary contract” means a contract under which the

consumer acquires 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;

“authorised officer” means any officer appointed

and authorised in writing by the Authority to exercise the

functions conferred in these regulations on such officers;

“the Authority” means the Malta Tourism Authority;

“consumer” means a natural person who is acting for

purposes which are outside that person’s trade, business, craft

or profession;

“the Director” means the Director of the Enforcement

Directorate of the Malta Tourism Authority;

“durable medium” 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;

“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;

“event” means a promotion or sales event relating to

timeshare and, or long-term holiday product and, or resale

and, or exchange contract;

“long-term holiday product contract” means a contract of

a duration of more than one year 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. In calculating the

duration of a long-term holiday product, any provision in the

contract allowing for tacit renewal or prolongation shall be

taken into account;

“the Minister” means the Minister responsible for tourism;

“Member State” means a State forming part of the

European Union;

“resale contract” means a contract under which a trader,

for consideration, assists a consumer to sell or buy a timeshare

or a long-term holiday product;

“timeshare contract” means a contract of a duration

of more than one year under which a consumer, for

consideration, acquires the right to use one or more overnight

accommodation for more than one period of occupation. In

calculating the duration of a timeshare contract, any provision

in the contract allowing for tacit renewal or prolongation shall

be taken into account;

“trader” means a natural or legal person who is acting

for purposes relating to that person’s trade, business, craft or

profession and anyone acting in the name of or on behalf of a

trader.

Regulation 6 (1) (c)

STANDARD INFORMATION FORM FOR RESALE CONTRACTS

Part 1

Identity, place of residence and legal status of the trader(s) which will be party

to the contract

Short description of the services (e.g. marketing)

Duration of the contract

Outline of additional obligatory costs imposed under the contract; type of costs

and indication of amounts (e.g. local taxes, notary fees, cost of advertising)

Has the trader signed a code/codes of conduct and, if yes where can it/they be

found?

Part 2

General Information

• The consumer has the right to withdraw from this contract without giving

any reason within 14 calendar days from the conclusion of the contract or any

binding preliminary contract or receipt of those contracts if that takes place later.

• Any advance payment by the consumer is prohibited until the actual sale

has taken place or the resale contract otherwise is terminated. The prohibition

concerns any consideration, including payment, provision of guarantees, reservation

of money on accounts, explicit acknowledgement of debt etc. It includes not only

payment to the trader, but also to third parties.

• The consumer shall not bear any costs or obligations other than those

specified in the contract.

• In accordance with international private law, the contract may be governed

by a law other than the law of the Member State in which the consumer is resident

or is habitually domiciled and possible disputes may be referred to courts other

than those of the Member Stare in which the consumer is resident or is habitually

domiciled.

Signature of the consumer

Part 3

Additional information to which the consumer is entitled and where it can be

obtained specifically (for instance, under which chapter of a general brochure) if not

provided below

• Conditions for terminating the contract, the consequences of termination,

and information on any liability of the consumer for any costs which might result

from such termination,

• Indication of the language(s) available for communication with the trader

in relation to the contract, for instance in relation to the handling of queries and

complaints,

• Where applicable, the possibility for out-of- court dispute resolution.

Acknowledgement of receipt of information

Signature of the consumer

(1) The Director shall have the following functions

(a) to keep under general review, practices or proposed

practices in relation to any of the obligations imposed on any

persons by these regulations;

(b) to carry out investigations of any such practices

or proposed practices where the Director considers that,

in the public interest, such investigations are proper, or

where the Authority requests the Director to carry out such

investigations; and

(c) to request persons engaged in or proposing to

engage in such practices as are or are likely to be, contrary

to the obligations imposed on them by these regulations, to

discontinue or refrain from such practices.

(2) The Director may delegate the exercise of these

or any other functions under these regulations to any authorised

officer.

Regulation 6 (1) (d)

STANDARD INFORMATION FORM FOR EXCHANGE CONTRACTS

Part 1

Identity, place of residence and legal status of the trader(s) which will be party

to the contract

Short description of the product

Exact nature and content of the right(s)

Exact period within which the right which is the subject of the contract may be

exercised and, if necessary, its duration

Date on which the consumer may start to exercise the contractual right

Outline of additional obligatory costs imposed under the contract; type of costs

and indication of amounts (e.g. renewal fees, other recurrent fees, special levies,

local taxes)

A summary of key services available to the consumer

Are they included in the costs indicated above?

If not, specify what is included and what has to be paid for (type of costs

and indication of amounts; e.g. an estimate of the price to be paid for individual

exchange transactions, including any additional charges)

Has the trader signed a code/codes of conduct and, if yes, where can it/they be

found?

Part 2

General Information

• The consumer has the right to withdraw from this contract without giving

any reason within 14 calendar days from the conclusion of the contract or any

binding preliminary contract or receipt of those contracts if that takes place later. In

cases where the exchange contract is offered together with and at the same time as

the timeshare contract, only a single withdrawal period shall apply to both contracts.

• During this withdrawal period, any advance payment by the

consumer is prohibited. The prohibition concerns any consideration, including

payment, provision of guarantees, reservation of money on accounts, explicit

acknowledgement of debt etc. It includes not only payment to the trader, but also to

third parties.

• The consumer shall not bear any costs or obligations other than those

specified in the contract.

• In the accordance with international private law, the contract may be

governed by a law other than the law of the Member State in which the consumer

is resident or is habitually domiciled and possible disputes may be referred to

courts other than those of the Member State in which the consumer is resident or is

habitually domiciled.

Signature of the consumer

Part 3

Additional information to which the consumer is entitled and where it can be

obtained specifically (for instance, under which chapter of a general brochure) if not

provided below

1. INFORMAION ABOUT THE RIGHTS ACQUIRED

• Explanation of how the exchange system works; the possibilities and

modalities for exchange; an indication of the value allotted to the consumer’s

timeshare in the exchange system and a set of examples of the concrete exchange

possibilities,

• An indication of the number of resorts available and the number of

members in the exchange system, including any limitations on the availability of

particular accommodation selected by the consumer, for example, as the result of

peak periods of demand, the potential need to book a long time in advance, and

indications of any restrictions on the choice resulting from the timeshare rights

deposited into the exchange system by the consumer.

2. INFORMATION OF THE PROPERTIES

• A brief and appropriate description of the properties and their location;

where the contract concerns accommodation other than immovable property, an

appropriate description of the accommodation and facilities; description of where

the consumer can obtain further information.

3. INFORMATION OF THE COSTS

• Information on the obligation on the trader to provide details before an

exchange is arranged, in respect of each proposed exchange, of any additional

charges for which the consumer is liable in respect of the exchange.

•

4. INFORMATION ON THE TERMINATION OF THE CONTRACT

• Where appropriate, information on the arrangements for the termination of

ancillary contracts and the consequences of such termination,

• Conditions for terminating the contract, the consequences of termination,

and information on any liability of the consumer for any costs which might result

from such termination.

5. ADDITIONAL INFORMATION

• Indication of the language(s) available for communication with the trader

in relation to the contract, for instance in relation to the handling of queries and

complaints,

• Where applicable, the possibility for out-of-court dispute resolution.

Acknowledgement of receipt of information

Signature of the consumer

(1) Any advertising by the trader shall specify the Advertising.

possibility of obtaining the information referred to in regulation

6(1) and shall also indicate where such information can be

obtained.

(2) Where a timeshare, long-holiday term product, resale

or exchange contract is to be offered to a consumer in person at an

event, the trader shall clearly indicate in the invitation to the same,

the commercial purpose of the invitation and nature of such event.

(3) The information referred to in regulation 6(1) shall

be made available by the trader to the consumer at any time during

the event.

(4) A timeshare or long-term holiday product shall not

be marketed or sold as an investment.

Regulation 7 (5)

SEPARATE STANDARD WITHDRAWAL FORM TO FACILITATE THE

RIGHT OF WITHDRAWAL

Right of withdrawal

The consumer has the right to withdraw from this contract within 14 calendar

days without giving any reason.

The right of withdrawal starts from ………………………………………….

(to be filled in by the trader before providing the form to the consumer).

Where the consumer has not received this form, the withdrawal period starts

when the consumer has received this form, but expires in any case after one year

and 14 calendar days.

Where the consumer has not received all the required information, the

withdrawal period starts when the consumer has received that information, but

expires in any case after three months and 14 calendar days.

To exercise the right of withdrawal, the consumer shall notify the trader using

the name and address indicated below by using a durable medium (e.g. written letter

sent by post, e-mail). The consumer may use this form, but it is not obligatory.

Where the consumer exercises the right of withdrawal, the consumer shall not

be liable for any costs.

In addition to the right of withdrawal, national contract law rules may

provide for consumer rights, e.g. to terminate the contract in case of omission of

information.

Ban on advance payment

During the withdrawal period any advance payment by the consumer

is prohibited. The prohibition concerns any consideration, including

payment, provision of guarantees, reservation of money on accounts, explicit

acknowledgement of debt, etc.

It includes not only payment to the trader, but also to third parties.

Notice of withdrawal

• To (name and address of the trader) (*)

•

I/We (**) hereby give notice that I/We (**) withdraw from the contract,

•

Date of conclusion of contract (*)

•

Name(s) of consumer(s) (***)

• Address(es) of consumer(s) (***)

•

Signature(s) of consumer(s) (only if this form is notified on paper) (***)

•

Date (***)

(*) To be filled in by the trader before providing the form to the consumer.

(**) Delete as appropriate.

(***) To be filled in by the consumer(s) where this form is used to withdraw

from the contract.

Acknowledgement of receipt of information

Signature of the consumer

€2.42

(1) The trader shall, in good time before the consumer

is bound by any contract or offer, provide the consumer, in a

clear and comprehensible manner with accurate and sufficient

information as follows

(a) in the case of a timeshare contract by means of

the standard information form as set out in Schedule I and

information as provided in Part 3 of the said form;

(b) in the case of a long-term holiday product contract

by means of the standard information form as set out in

Schedule II and information as provided in Part 3 of the said

form;

(c) in the case of a resale contract by means of the

standard information form as set out in Schedule III and

information as provided in Part 3 of the said form;

(d) in the case of an exchange contract by means of

the standard information form as set out in Schedule IV and

information as provided in Part 3 of the said form.

(2) The trader shall provide the information referred

to in regulation 6(1) free of charge, on paper or on another durable

medium which is easily accessible to the consumer.

(3) The information referred to in regulation 6(1) shall

be 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 such language is an official language of

the European Union.

(1) A contract to which these regulations apply, shall be

valid if

(a) it is in writing;

(b) it is on paper or on another durable medium;

(c) it includes the information referred to under

regulation 6(1);

(d) it includes the identity, place of residence and

signature of each of the parties;

(e) it includes the date and place of the conclusion of

the contract;

(f) it is drawn up in the language or one of the

languages of the country in which the consumer is resident

or a national, at the choice of the consumer, provided such

language is an official language of the European Union

Provided that, in addition to regulation 7 (1), where the

trader carries out sale activities in Malta, the trader shall in every

instance provide the consumer with a contract drawn up in Maltese

or in English

Provided further that in addition, where the consumer is

resident in Malta, the trader shall

(a) in every instance provide the consumer with a

contract drawn up in Maltese or in English;

(b) where the timeshare contract concerns one

specific Member State, provide the consumer with a certified

translation of the contract drawn up in the language of that

Member State.

(2) The information referred to in regulation 6(1) shall

form an integral part of the contract to which these regulations

apply and shall not be altered unless

(a) the parties expressly agree otherwise; or

(b) the changes result from unusual and unforeseeable

circumstances beyond the trader ’s control and the

consequences of which could not have been avoided even if

all due care has been exercised

Provided that any changes to the information referred to

in regulation 6(1) shall be communicated to the consumer, on paper

or on another medium easily accessible to him before the contract

is concluded and shall be expressly mentioned in the contract.

(3) Before the conclusion of the contract, the trader

shall explicitly draw the consumer’s attention to the existence of

the right to withdraw from a contract, the length of the withdrawal

period as provided for in regulation 8, and the ban on advance

payments during the withdrawal period as provided for in

regulation 9.

(4) Each contract shall include separate contractual

clauses providing for the right to withdraw from a contract, the

length of the withdrawal period, and the prohibition on advance

payments as provided for under these regulations. Such information

shall be included in the text of the contract, and the corresponding

contractual clauses shall be signed separately by the consumer.

(5) Each contract shall include a separate standard

withdrawal form as set out in Schedule V, whereby withdrawal

may be exercised by the consumer as provided for in regulation 8.

(6) The trader shall provide the consumer with a copy

or copies of the contract at the time of its conclusion.

(1) The consumer shall have a period of fourteen

calendar days to withdraw from the timeshare, long-term holiday

product, resale or exchange contract, without giving any reason

therefor.

(2) The withdrawal period shall be calculated

(a) from the day of the conclusion of the contract or of

any binding preliminary contract; or

(b) from the day when the consumer receives, by

registered mail, the contract or any binding preliminary

contract where the contract or preliminary agreement is

received later than the date referred to in paragraph (a).

(3) The withdrawal period shall expire

(a) after one year and fourteen calendar days from the

day referred to in regulation 8(2), where a separate withdrawal

form is required by regulation 7(5) has not been filled in by

the trader and provided to the consumer in writing, on paper

or on another durable medium;

(b) after three months and fourteen days from the day

referred to in regulation 8(2) where the information referred

to in regulation 6(1) including the applicable standard form

set out in Schedules I to IV, has not been provided to the

consumer in writing, on paper or another durable medium.

(4) Where the separate standard form required under

regulation 7(5) has been filled in by the trader and provided to

the consumer in writing, on paper or on another durable medium

within one year from the day referred to regulation 8(2), then the

withdrawal period referred to in this regulation shall commence to

run as from the day the consumer receives that form, by registered

mail.

(5) Where the information referred to under regulation

6(1), including the applicable standard form set out in Schedules

I to IV, has been provided to the consumer in writing, on paper or

another durable medium, within three months from the day referred

to in regulation 8(2), then the withdrawal period shall commence

to run from the day the consumer receives that information, by

registered mail.

(6) Where the exchange contract is offered to the consumer

together with and at the same time as the timeshare contract, only

a single withdrawal period in accordance with regulation 8(1)

shall apply to both contracts, and the withdrawal period shall

be calculated according to regulation 8(2) as they apply to the

timeshare contract.

(7) If the consumer intends to exercise the right of

withdrawal, the consumer shall, before the expiry of the withdrawal

period notify the trader on paper or on another durable medium

of the decision to withdraw, by registered mail. The consumer

may use the standard withdrawal form set out in Schedule V and

provided by the trader in accordance with regulation 6(5). The

deadline shall be deemed to have been met if such notification is

sent before the withdrawal period has expired.

(8) The exercise of the right of withdrawal by the

consumer terminates the obligation of the parties to perform the

contract.

(9) In exercising the right of withdrawal the consumer

shall neither bear any cost nor be liable for any value corresponding

to the service which may have been performed before withdrawal.

(1) The trader shall not accept any advance payments,

provision of guarantees, reservation of money on account, explicit

acknowledgement of debt or any other consideration from the

consumer, in relation to timeshare, long-term holiday products

and exchange contracts, before the end of the withdrawal period

according to regulation 8.

(2) The trader shall not accept any advance payments,

provision of guarantees, reservation of money on account, explicit

acknowledgement of debt or any other consideration from the

consumer, in relation to resale contracts, before the actual sale

takes place or the resale contract is otherwise terminated.

(1) The payment of long-term holiday contracts

shall be made according to a staggered payment schedule. The

trader shall be prohibited from accepting any payment of the

the staggered payment schedule. The payments, including any

membership fee, shall be divided into yearly installments, each

of which shall be of equal value. The trader shall send a written

request for payment, on paper or on another durable medium,

at least fourteen calendar days in advance of each due date, by

registered mail.

(2) From the second installment payment onwards,

the consumer may terminate the contract without incurring any

penalty by giving notice to the trader, by registered mail, within

fourteen calendar days of receiving the request for payment for

each installment, provided that such right shall not affect rights to

terminate the contract under any other applicable law.

(1) Where the consumer exercises the right to

withdraw from the timeshare or long-term holiday product contract,

any exchange contract ancillary to it or any other ancillary contract

shall be automatically terminated, at no cost to the consumer.

(2) Without prejudice to the provisions of the

Consumer Credit Regulations, 2005 where the price is fully or

partly covered by a credit granted to the consumer

(a) by the trader, or

(b) by a third party on the basis of an arrangement

between the third party, the trader, and the consumer exercises

the right to withdraw from the timeshare, long-term holiday

product, resale or exchange contract, the credit agreement

shall be terminated, at no cost to the consumer.

(1) Where the law applicable to the contract is the law

of Malta, consumers may not waive the rights conferred on them

by these regulations.

(2) Where the applicable law is that of a third country,

consumers shall not be deprived of the protection granted by these

regulations, if

(a) any of the immoveable properties concerned, to

which the contract refers, is situated within the territory of

Malta, or

(b) in the case of a contract not directly related to

immovable property, the trader pursues commercial or

professional activities in Malta or, by any means, directs such

activities to Malta and the contract falls within the scope of

such activities.

(1) Any person who contravenes the provisions of

regulations 5, 6, 7 and 9 hereof shall be guilty of an offence, and

shall, on conviction, be liable to a fine (multa) not exceeding two

thousand and three hundred and twenty-nine euro (2,329) in respect

of any contravention, provided that in the case of contravention

of regulation 9, in addition to the penalty related to that offence,

the person shall be ordered to refund the consumer the advance

payments, the provision of guarantees, the reservation of money

on account and the explicit acknowledgment of debt or any other

consideration made as a result of such offences.

(2) In any prosecution against a person charged with

one of the offences listed in regulation 13(1), it shall be sufficient

for the prosecution to produce the relevant documentation duly

authenticated and shall not be required to produce the consumer.

(3) Where an offence under these regulations has

been committed by a body corporate and is proved to have been

committed with the consent or connivance of, or to have been

facilitated by any neglect on the part of any director, manager,

secretary or other similar officer of such body or of any person

who was purporting to act in any such capacity, that person, as well

as such body, shall be guilty of an offence and shall be liable to

be proceeded against and punished as if he were guilty of the first

mentioned offence.

(4) Notwithstanding the provisions of the Criminal

Code, the Attorney General shall always have a right of appeal

in the Court of the Criminal Appeal from any judgment given in

proceedings arising out of these regulations.

(1) An authorised officer may, for the purpose of

obtaining information to enable the Director to perform his

functions under these regulations, at all reasonable hours and on

production, if required, of his credentials, exercise the following

powers

(a) require any trader to give any other information

which the officer may reasonably require in regard to such

business activity;

(b) summon, at any reasonable time, any trader to

give to the officer any information which the officer may

reasonable require in regard to such business or activity

and to produce to the officer any records which are in that

person’s control.

The Protection of Buyers in Contracts for Time Sharing

2000. of Immovable Property Regulations, 2000 are hereby revoked .