Tourism Law in Europe

46 TOURISM LAW IN EUROPE of 08 October 201474. This law aims at regulating the protection of consumers’ interests in the market and defining rules and establishing relevant institutions to protect consumer rights. The Article 42 of the law on consumer protection, provides the definition of four typical contracts, namely timeshare contracts, long-term holiday product contract, resale and exchange contract, constituting a novelty in Albanian legislation, in terms of contract and legal terminology75. Under this Article, the four new contracts consist of the following: 1) The timeshare contract, which is a contract with a period running over one year, according to which the consumer shall, as appropriate, ensure the right to enjoy the accommodation for one or more nights, for a more than one period; 2) The contract of long-term holiday product, a contract running over one year, according to which the consumer shall, as appropriate, ensure mainly the right to benefit price reduction or other benefits, in connection with the accommodation, separately or along with the service of travel or any other service.; 3) The resale contract, according to which the seller, as appropriately, assists the consumer to sell or to purchase a timeshare or a long-term holiday product; and 4) The exchange contract, according to which the consumer, as appropriate, joins an exchange system, the latter providing the opportunity to the consumer to use the accommodation or other services against granting the possibility to other persons to temporarily use the benefits stemming from that consumer’s timeshare contract. A timeshare contract for the immovable properties is any contract or group of contracts, entered into between a seller and a consumer, for a period of not less than three years, according to which and against the payment of a certain amount directly or indirectly, an object of transfer emerges or exists, or it is entered into to transfer a right over the immovable property or any other right, connected to the use of one or more immovable properties, for a specific or specifiable period of the year, which can never be less than a week. 74 DCM no. 652, of 08 October 2014, “On timeshare, long-term holidays product, resale and exchange contacts”. 75 N. Dollani. Commentary on Consumer Protection Law, GIZ EU Law Harmonization Publications, 2018.

RkJQdWJsaXNoZXIy MTE4NzM5Nw==