Tourism Law in Europe

however, for cases of lack or incorrect pre-contractual information, the terms “ résiliation ” and “cancelation”, in French and English respectively. With this unitary treatment, the confusion caused by the Spanish translation of Directive 1994/47 / EC, which had used the word “resolution”, was put to an end, which was transferred to Law 42/1998, of December 15, which applied the dual system of “ resolución ” (withdrawal) for cases of correct information and “resolution” for cases of lack or incorrect pre- contractual information 10 . The rules on prohibition of advances or payments by the consumer during the period of exercise of the right to withdraw are also transposition of the Directive, as well as the ineffectiveness of accessory contracts, including loans, in case of withdrawal, and the need to organise a tiered payment plan for long-term vacation product contracts. III.3. Imperativity of the provisions Chapter V, under the heading “ régimen jurídico ” (legal regime), declares the imperative nature of the provisions contained in Title I, which is reflected in the sanction of nullity of acts of waiver by the consumer to the rights conferred by the norm, as well as those carried out in fraud of law in accordance with the provisions of article 6 of the Civil Code. Taking into account the timesharing contracts often have a cross-border nature, Law 4/2012 contemplates in this chapter rules of Private International Law 11 . In general, the determination of the law applicable to timesharing contracts is by Regulation (EC) No. 593/2008, of the European Parliament and of the Council, of June 17, 2008, on applicable law to contractual obligations (ROME I), which, in its article 6, establishes the criteria relating to the law applicable to international consumer contracts. Taking into account that, by virtue of the Rome I Regulation, timesharing contracts could be governed by the law of a State that is not a member of the Economic Area, Law 4/2012 contains an additional safeguard, in order to guarantee that the consumer is not deprived of the 10 Vid. Preamble III of the Law 4/2012. 11 Vid . M. Sabido Rodríguez, Régimen jurídico de los contratos turísticos internacionales: la protección del turista-consumidor. Pamplona, 2020, pp. 136-138.