El blog de Maria

BREACH OF SERVICES AND INJUNCTION

Article 16. Failure of services.

The owner or developer is responsible to the holders of timeshare rights for the effective delivery of services. In case of default, the owner or sponsor must terminate the contract and demand compensation for damages. The cancellation action just can be acted by to the owner or developer. In any case, any holder of a timeshare right may claim the effective delivery of services and corresponding compensation in the event such provisions are not made. Once the agreement with this is cancelled, the owner or developer must provide the service directly or contract with another service company. Any alteration of the contract shall not impair, in any case, rights of holders of timeshare rights.

Article 16 bis. Cease action

1. May bring action for an injunction against any conduct contrary to this Act affecting the interests of both collective and diffuse of consumers and users.

2. The injunction is aimed at obtaining a ruling that ordered the defendant to cease the conduct contrary to this Act and to prohibit its future recurrence. Likewise, the action may be exercised to prohibit the making of a behavior when it is completed at the time of bringing the action, if there is sufficient evidence to fear it will be immediately repeated.

3. Entitled to exercise the injunction:

National Consumer Institute and relevant bodies or entities of the Autonomous Communities and local Corporations responsible for consumer protection.

The consumer and user associations that meet the requirements of Law 26/1984 of July 19, on General Defense of Consumers and Users, or, where appropriate, of regional legislation on consumer protection.

The Public Prosecutor.

Entities from other Member States of the European Community established for the protection of collective and diffuse interests of consumers are empowered through their inclusion in the list published for that purpose in the Official Journal of the European Communities.

Judges and courts shall accept this list as proof of the ability of that entity to be part, without prejudice to examine whether the purpose of it and the interests allow the exercise of legitimate action.

All entities mentioned in this article may be part in any other proceedings brought by them, if they consider appropriate for the protection of the interests they represent.

"Une maison andalouse á Ronda", Ronda - Malaga, Spain, by dalbera, at flickr.com