Conclusions and Recommendation
117. We support the proposed ban on requests
for advance fees for resale. (paras 104-107)
118. We recommend that the objectives of the
cooling-off provisions in relation to resale be clarified. We
are particularly concerned that treating resales by timeshare
traders and by independent intermediaries on a different basis
could be confusing for consumers and could open up a loophole
whereby rogue traders collaborate with, or pose as, intermediaries.
(paras 100-102)
119. We believe that clarification is needed
too in relation to the cancellation of exchange contracts (Articles
5 and 7). In that vein, we agree that consumers who pay to join
an exchange scheme should be entitled to a refund of their fees
if reasonable and timely requests for exchanges cannot be met
and recommend that a right on these lines be added to the directive.
(para 116)
120. We recommend that the definition of an
exchange be amended to clarify that exchange allows consumers
to use the timeshare rights of others, in exchange for others
using their timeshare rights, without modification of the rights
of the owners. (para 108)
121. We support the suggestion by the Minister
that the information requirements should also include details
of restrictions on access to particular exchanges and that exchange
operators should be obliged to inform the consumer about any additional
charges for particular exchanges. (para 115)
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