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What it is

Rules for timeshare and long-term vacation product contracts

BOE step 7 of 7 · Passed

It is a government bill. Introduced by the Government. It was introduced on 29 March 2012. Introduced by: Gobierno.

Official title: Government bill on timeshare contracts for the use of tourist goods, the acquisition of long-term vacation products, resale and exchange, and tax rules (originating from Royal Decree-Law 8/2012, of March 16).

Source: Congreso de los Diputados, file 121/000006· updated 11 Nov

Automatic summary, not yet reviewed

  1. The law covers four types of contracts between businesses and consumers: timeshare (using accommodation for more than one year), long-term vacation products (discounts on accommodation), resale and exchange.
  2. Before signing, the trader must give the consumer complete, free information using standard forms, on paper or another durable medium, in the consumer's language (plus Spanish if the contract is signed in Spain).
  3. Consumers can withdraw from the contract without giving reasons within 14 calendar days, and during that period advance payments and guarantees are banned. If a consumer pays against that ban, they can claim double the amount paid.
  4. If the consumer withdraws, accessory contracts and linked loans become void at no cost. For long-term vacation products, the price is paid in equal annual installments and the consumer can end the contract from the second installment.
  5. Consumers cannot waive the rights this law gives them: any waiver is void. Companies that break the rules face penalties under consumer law.
  6. The timeshare right over real estate must be created in a public deed, registered in the Property Registry, lasts at most 50 years, and cannot be called multipropiedad or use the word propiedad (ownership).

Who it affects

  • Consumers who buy or sell timeshare rights, long-term vacation products, resale or exchange services.: They get mandatory information, a 14-day withdrawal right and a ban on advance payments.
  • Businesses that market these products.: They must use standard forms, respect the withdrawal right and can be fined if they fail to comply.
  • Owners and developers of tourist properties.: They must create the regime by public deed, take out insurance and guarantees, and register it.
  • Holders of timeshare rights.: They can freely sell their right and belong to a community of holders.

Words worth knowing

Desistimiento (withdrawal right)
The right to cancel the contract without giving any reason within the legal deadline.
Soporte duradero (durable medium)
Any means that lets you store and later consult information unchanged, such as email or paper.
Aprovechamiento por turno (timeshare)
The right to use tourist accommodation during the same period each year for more than one year.
Contrato accesorio (accessory contract)
A contract for services linked to the main one, such as insurance or an exchange contract.
Nulo de pleno derecho (automatically void)
It has no legal effect from the start, as if it never existed.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced29 March 2012Someone registers the text in the Congreso.
  2. Admitted3 April 2012The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments10 April 2012Groups propose changes.
  4. Committee11 May 2012A committee goes through the text in detail.
  5. Plenaryno dateAll 350 deputies vote.
  6. Senate31 May 2012The Senate can pass it, amend it or veto it.
  7. BOE28 June 2012It is published in the Official State Gazette (BOE) and comes into force.
See the 9 official steps on a timeline
Mar 2012Apr 2012May 201211. 29 March 2012: Presentación22. 3 April 2012: Comisión de Justicia Publicación desde 03/04/2012 hasta 10/04/201233. 3 April 2012: Calificación44. 10 April 2012: Comisión de Justicia Enmiendas desde 10/04/2012 hasta 11/05/201255. 11 May 2012: Comisión de Justicia Informe desde 11/05/2012 hasta 29/05/201266. 29 May 2012: Comisión de Justicia Aprobación con competencia legislativa plena desde 29/05/2012 hasta 31/05/201277. 31 May 2012: Senado desde 31/05/2012 hasta 21/06/201288. 21 June 2012: Pleno Enmiendas o veto del Senado desde 21/06/2012 hasta 28/06/201299. 28 June 2012: Concluido - (Aprobado con modificaciones) desde 28/06/2012 hasta 04/09/2012

28 June 2012

How did the plenary vote?

More votes in favour 310 yes · 8 no · 1 abst.

Voted on: Remaining amendments

This law had 2 votes; this is the latest with every deputy’s vote. See them all

Source: Congreso de los Diputados, vote 25 of sitting 45· updated 10 Nov

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Your province

How did the deputies from your province vote?

And your senators: the Senate does not link its votes to this law in its open data, so we cannot put them side by side here.

Or see how most of each province voted
More details: how each group and each province voted

The groups

Who voted in favour and who against?

In favour, most of Socialista, Mixto, GC-CiU, GIP, GUPyD and Popular en el Congreso. Against, most of Vasco (EAJ-PNV). 4 deputies voted differently from their group.

By province: in 50 most voted in favour; in 0, against.

Coloured by how most of each province’s deputies voted.

  • In favour: 50
  • Against: 0
  • Tie: 2
Result by parliamentary group
GroupSeatsHow it voted
Socialista110
97 in favour · 13 did not vote
Vasco (EAJ-PNV)5
5 against
Mixto18
6 in favour · 3 against · 1 abst. · 8 did not vote
GC-CiU16
13 in favour · 3 did not vote
GIP11
11 in favour
GUPyD5
4 in favour · 1 did not vote
Popular en el Congreso185
179 in favour · 6 did not vote

What happens next

What happens now?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

The same initiative in the other chamber:

Published in the BOE: Law 4/2012, of July 6, on time-sharing contracts for the use of tourist assets, on the acquisition of long-term vacation products, on resale and exchange, and on tax rules.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.