P-40.1 - Consumer Protection Act

Section 187.14 Disposition versions

2018-10-01

187.14. A contract relating to timeshare accommodation rights must be evidenced in writing. In addition to the information that may be required by regulation, it must contain or state the following, presented in conformity with the model prescribed by regulation:

(a)  a statement, in the title and before any other indication, that the contract is a contract relating to timeshare accommodation rights;

(b)  the date on which the contract is made and the address where it is signed;

(c)  the consumer’s name, address, telephone number and, if applicable, technological address;

(d)  the merchant’s name, the address and telephone number of the merchant’s principal establishment in Québec and, if applicable, the merchant’s fax number, technological address, itinerant merchant’s permit number and Québec business number assigned under the Act respecting the legal publicity of enterprises (chapter P-44.1);

(e)  if applicable, the name, address and telephone number of any accommodation establishment mentioned in the contract where the consumer obtains mainly an accommodation right or, as the case may be, the location of any item of goods where the consumer obtains mainly such a right;

(f)  if applicable, the name, address, telephone number, technological address and, if any, fax number of each representative of the merchant, or of any enterprise and each of its representatives acting on behalf of the merchant, that made representations to the consumer or negotiated or signed the contract;

(g)  the date on which the merchant must begin to perform his principal obligation and, if applicable, the start and end dates of any period during which the merchant is required to perform the obligations stipulated in the contract;

(h)  the term and expiry date of the contract;

(i)  a detailed description of the goods and services to be provided under the contract, including a description of any other goods and services put at the consumer’s disposal, as well as the conditions for the consumer to benefit from them, including, if applicable, the deadline for the consumer to set the date on which he will exercise his accommodation right during a performance period and the fees to benefit from optional goods or services;

(j)  the fees to obtain an accommodation right, their amount on an annual basis if they are calculated on a basis other than annual, and the total of such amounts for the entire term of the contract;

(k)  a detailed description of the compulsory associated costs under the contract, other than those referred to in subparagraph n, as well as their amount on an annual basis if they are calculated on a basis other than annual, and the total of such amounts for the entire term of the contract;

(l)  if applicable, a detailed description of the rights granted under the exchange system and the conditions applicable to the exercise of those rights;

(m)  if applicable, the name of the third-party merchant providing an exchange system, and that merchant’s address, telephone number and, if any, technological address and fax number;

(n)  if applicable, a detailed description of the fees charged for participation in the exchange system, including membership fees and compulsory associated costs, their amount on an annual basis if they are calculated on a basis other than annual, and the total of such amounts for the entire term of the contract;

(o)  the total amount to be paid by the consumer under the contract, including any credit charges;

(p)  if applicable, the total amount to be paid by the consumer under any contract entered into with a third-party merchant on the making of the contract relating to timeshare accommodation rights, including any credit charges;

(q)  the total of the amounts referred to in subparagraphs o and p;

(r)  the terms and conditions of payment, including a payment schedule that complies with section 187.17 and the currency in which all amounts owing are payable if not Canadian dollars;

(s)  if the contract is also a credit contract, the terms and conditions of payment indicated as provided for in section 115, 125 or 150, as the case may be;

(t)  a statement that the merchant may not collect payment from the consumer before beginning to perform his obligation;

(u)  the right granted to the consumer to resolve the contract at his sole discretion within 10 days after that on which each of the parties is in possession of a duplicate of the contract; and

(v)  the other circumstances in which the consumer may resolve or resiliate the contract, any applicable conditions and the time within which the merchant must refund the consumer.

The merchant must attach a Statement of consumer resolution and resiliation rights and a resolution and resiliation form that are in conformity with the model prescribed by regulation to the duplicate of the contract which he remits to the consumer.

For the purposes of subparagraph d of the first paragraph, “principal establishment” means the establishment or office in which the merchant mainly carries on business. The merchant must, after the signing of the contract, notify the consumer of any change regarding that place.

2018, c. 14, s. 17.