Timeshare

Timeshare is the right to use exclusively, for a specified period of the year and for a specified fee, a domestic or foreign place of accommodation (hotel room, apartment) or a movable object (boat, mobile home) for a stay including overnight accommodation or rest. The user may occupy the accommodation during a specified week or weeks of the calendar year (other dates may be exchanged), while the rest of the year it is used by others, also exclusively.

The duration of the right of use shall be fixed by the parties for an indefinite period or for a fixed term exceeding one year. The longest term of the right of use is not specified in the legislation, so the contract is often concluded for 20, 30 or even 90 years.

Several types of contracts can arise in connection with a timeshare (timeshare contract; long-term holiday product contract; ancillary contract; exchange contract; resale contract).

Consumer awareness regarding timeshareing is crucial, as businesses frequently offer timeshare to elderly people who, due to age or health conditions, are no longer able to take advantage of the holiday and are increasingly burdened with the increased annual maintenance fee. The content of telephone calls and information provided at events and talks organised to sell the timeshare, and the information provided at these events, is often unfair, for example by putting consumers in a position where they are forced to make an instant decision, as the promotional offer is presented as if it were only available at the event.

It is important to underline the right of cancellation without justification in the context of timesharing, which can be used to remedy the situation where a consumer is "seduced" by a favourable price offer and thus rushes into a contract.

Under the right of cancellation, the consumer may cancel the contract, including a pre-contract, in writing without giving any reason, within 14 days of the day of its conclusion or, if the contract is concluded at a later date, of the day of its receipt.

If the business fails to comply with its obligation to provide pre-contractual information, the consumer has 3 months and 14 days to cancel the contract without giving any reason. If the business is late in complying with the pre-contractual information obligation, but does so within 3 months, the consumer may cancel the contract without giving reasons within 14 days of that date.

Please note that the undertaking may not require or accept any payment or commitment from the consumer, in particular any advance payment, security, blocking of funds on an account, or express acknowledgement of debt, before the expiry of the cancellation period. If payment is nevertheless made, the amount received must be reimbursed to the consumer within 30 days and interest on late payment must be paid from the date of payment in accordance with the Civil Code.

In individual disputes, such as those concerning the amount to be returned to the consumer for breach of the right of cancellation or the prohibition of advance payment, the consumer should refer the matter to an arbitration body, provided that the dispute has not been settled directly with the undertaking beforehand.