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Book 2 · Law of obligations  ›  Title 2 · Timeshare contracts, long-term holiday product contracts, brokerage contracts and exchange system contracts › Section 484

Form and content of the contract

(1) The timeshare contract, the long-term holiday product contract, the brokerage contract or the exchange system contract are to be made in writing, unless other provisions contain more stringent requirements as to form.

(2) The pre-contractual information provided to the consumer under section 482 (1) becomes part of the contract’s content insofar as it is not amended by mutual agreement of the parties or unilaterally by the trader. The trader unilaterally may amend the pre-contractual information only in order to adapt it to changes caused by force majeure. The amendments under sentence 1 must be provided to the consumer in text form prior to conclusion of the contract. They become effective only if they are included in the contract documents, indicating that they deviate from the pre-contractual information provided in accordance with section 482 (1). The contract documents are to include the following:

1.  the pre-contractual information pursuant to section 482 (1), notwithstanding its validity under sentence 1,

2.  the names of both parties and addresses at which documents may be served on them, as well as

3.  the date and place the declarations as to the conclusion of a contract were made that are contained in the contract documents.

(3) The trader is to provide the consumer with the contract document or a copy of the contract. In the case of a timeshare contract, if the language of the contract and the official language of the Member State of the European Union or of the Contracting Party to the Agreement on the European Economic Area in which the residential building is situated are different, the trader is to enclose a certified translation of the contract in an official language of the state in which the residential building is situated. The duty to enclose a certified translation does not apply if the timeshare contract relates to a group of residential buildings that are situated in different states.

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