Withdrawal vacation rentals

1 June 2016

The tenant in a seasonal rental agreement he has away from a right of withdrawal of fourteen days?

The European Directive 2011/83 / EU of 25 October 2011 transposed into national law by the Law of 17 March 2014 on the consumption has changed the sales regulations and remote signed services.

Professionals offering to conclude such distance contracts must disclose to consumers specific pre-contractual information. These consumers have a right of withdrawal of fourteen days.

The question arises whether seasonal rentals, essentially concluded at a distance, is subject to these provisions.

Article L. 121-16 of the Consumer Code defines distance contracts as "any contract between a professional and a consumer under an organized system of sale or delivery of remote services ...". A rental can not be treated as a sale.

Moreover, the Supreme Court has held that a lease is not a service (1). It is therefore two separate contracts.

Therefore, and subject to the unfettered discretion of the trial court, to the extent that the provisions concerning distance contracts only cover sales and services, leases, and hence seasonal rentals in would be excluded.S

o there would be no need to provide pre-contractual information specific to distance contracts and consumers wishing to conclude a vacation rental would not benefit from a right of withdrawal of fourteen days.Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore dolore magna aliqua and. Ut enim ad minim veniam, quis nostrud laboris nisi ut exercitation ullamco aliquip ex ea commodo consequat. Duis aute Irure in dolor velit esse reprehenderit in voluptate cillum dolore nulla had fugiat pariatur. Excepteur sint occaecat cupidatat not proident, sunt in culpa who officiated deserunt abated anim id est Laborum.

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