Question for written answer E-015694/2015 to the Commission
Rule 130
Julie Girling (ECR)
Subject: Mis-sold timeshares
I have been contacted by a number of constituents regarding their timeshares across Europe. Whilst purchased in good faith, it had become apparent that the timeshares were mis-sold. Constituents are finding themselves trapped in contracts charging exorbitant management and other fees which will be passed onto their children.
I understand the Commission was looking into the practical application of Directive 2008/122/EC and had commissioned an external study for this purpose.
Can the Commission please confirm what findings have been made and what action constituents should take if they find themselves victims of such malpractice.
EN E-015694/2015 Answer given by Ms Jourová on behalf of the Commission
On 16 December 2015 the Commission adopted a Report on the evaluation of Directive 2008/122/EC on the protection of consumers in respect of certain aspects of timeshare, long-term holiday product, resale and exchange contracts. A study supporting the Commission Report was published on the website of the Directorate-General for Justice together with the Report.
The Report concludes that, regarding aspects falling under the scope of the Directive such as the right to pre-contractual information and the right of withdrawal, the Directive appears to overall be a useful tool for protecting consumers in this specific holiday sector. Survey results show that the percentage of problems faced by traditional timeshare owners has significantly dropped since the application of the Timeshare Directive .
Regarding aspects falling outside its scope, such as the presence of ‘in perpetuity clauses’ which deprive the consumer from his/her right to terminate the timeshare contract and the unilateral increases of maintenance fees, problems still occur . However, the analysis carried out by the Commission shows that these aspects can be successfully addressed through targeted interventions at national level, efficient self-regulatory measures and a stepped up enforcement of other relevant EU consumer law instruments, most notably the Unfair Contract Terms Directive .
Consumers trapped in their timeshare contracts clauses therefore should bring their matter before the relevant national authorities or courts .
