Officials from the Spanish Ministry of Justice were receptive to RDO Spain’s recommendations about the proposed draft legislation to implement the EU Timeshare Directive in Spain, which RDO presented to them at a meeting held on 28 July.
RDO recommended that the new legislation should be a literal transposition of the directive, without any additional requirements for businesses. They also pointed out an unnecessary repetition in the draft bill regarding the requirements of pre-contractual and contractual information to be given to consumers, as it is the same in both cases. Another suggestion was the option for businesses to satisfy consumer disclosure requirements by posting information online.
RDO also recommended that the new law should recognise a choice of timeshare legal structures including club-membership schemes (provided they comply with the rest of the Directive requirements), which would be more attractive to foreign consumers. However, the officials explained that it may be difficult to accommodate new legal structures within the Spanish legal system given the time constraints.
Maria Jesus Rodriguez, General Manager of RDO Spain, described the meeting as “very positive” but also expressed frustration as the process will now be put on hold until a new Government is in place, following the call for national elections on 20 November announced by the Spanish Prime Minister.“We hope the elections won’t disrupt the process too much, as the people we’ve been dealing with are technical officials rather than appointed politicians, so they may continue their work under a new Government,” she said. “We will contact the Ministry of Justice after the elections to continue the dialogue and ascertain the expected timetable for the implementation of the Directive.”