Under the applicable law, a timeshare is a contract lasting for more than one year under which a consumer, for consideration (a fee), acquires the right to use one or more overnight accommodations for more than one period of occupation.

What does this mean in practice?

• The Traditional Model: You might acquire the right to spend your holidays in a specific location—for instance, a two-room apartment No. 100 in Maspalomas (Gran Canaria)—during the exact same 18th calendar week every year for the next 30 years.

• The Modern Model (Points Clubs and Floating Weeks): Nowadays, timeshares frequently do not tie you to a specific date or place. Instead, you purchase a package of „points” or „floating weeks” that you can exchange for stays in various resorts affiliated with a holiday club at different times of the year.

The trader must provide the consumer in due time—before the consumer is bound by any contract or offer—with clear and comprehensible information provided on paper or another durable medium, using a standard information form. When a contract is signed, this form becomes an integral part thereof.

Generally, the standard information form must explicitly include the following:

• Information on the acquired rights.

• Information on the subject matter of the contract (e.g., real estate description and location, description of services and facilities the consumer will have access to).

• Additional information regarding the accommodation if it is still under construction.

• Information on costs (full contract cost, a description of any price increase possibilities, a list of mandatory statutory charges, methods for calculating charges related to the property, administrative costs, etc.).

• Crucial information on the right of withdrawal: This includes the exact 14-day withdrawal period, the procedure for exercising this right, and a clear statement highlighting the strict ban on advance payments during this period.

Language requirements The form must be drawn up, at the consumer’s choice, in the language of the EU Member State where the consumer resides or of which they are a citizen (provided it is an official EU language). Therefore, if the customer lives in Poland, the form must be provided at least in Polish.

Apart from the standard contractual clauses, a timeshare contract must incorporate the standard information form that was provided to the consumer prior to the conclusion of the contract. The contract must explicitly set out the consumer’s right of withdrawal. The contract must be drawn up in writing, on paper or another durable medium, in the official EU language(s) of the Member State where the consumer resides or of which they are a citizen (at the consumer’s choice). The consumer must receive a copy of the signed contract.

Strict Ban on Advance Payments When concluding a timeshare contract, the consumer must be aware that the trader is strictly prohibited from demanding or accepting any advance payments, providing guarantees, blocking funds in a bank account, or requiring any explicit acknowledgment of debt from the consumer before the 14-day withdrawal deadline expires.

Long-Term Holiday Product Contracts In the case of long-term holiday product contracts (which are concluded for more than one year), payments must be made according to a staggered payment schedule. Any form of payment other than an instalment system is illegal. All payments must be divided into equal annual instalments. The trader must send a written request for payment, on paper or another durable medium, at least 14 calendar days before each payment deadline. Starting from the second instalment, the consumer has the right to terminate the contract without incurring any penalties. To do so, the consumer must submit a notice to the trader within 14 calendar days of receiving the request for payment for that specific instalment.

Withdrawal from a Timeshare Contract A consumer has the absolute right to withdraw from a timeshare contract within 14 calendar days without giving any reason and without bearing any costs.

The 14-day withdrawal period starts:

• On the date when the contract (or binding preliminary contract) is concluded, or

• On the date when the consumer receives a copy of the contract (or binding preliminary contract), if this occurs later than the date of conclusion.

Extended Withdrawal Deadlines: The right of withdrawal is significantly extended if the trader fails to fulfill their informational duties:

• The period ends 1 year and 14 calendar days from the date referred to above if the trader fails to provide the consumer with a separate standard withdrawal form (completed by the trader) on paper or another durable medium.

• The period ends 3 months and 14 calendar days from the date referred to above if the trader fails to provide the required pre-contractual information (the standard information form) on paper or another durable medium.

How to Exercise the Right of Withdrawal To exercise this right, the consumer must notify the trader of their decision to withdraw on paper or another durable medium. The consumer may use the standard withdrawal form provided by the trader for this purpose.

Consumers having reservations as to services provided by an trader should submit them directly to the entity with which they had concluded a contract, in writing. The law does not stipulate any specific deadline for complaint submission.

Legal basis

Directive 2008/122/EC of the European Parliament and of the Council of 14 January 2009 on the protection of consumers in respect of certain aspects of timeshare, long-term holiday product, resale and exchange contracts.