Can I Cancel a Timeshare Purchased in Germany or the EU?

What the Law Says

German and EU consumer protection law grants strong rights to cancel timeshare contracts, especially those concluded away from business premises (e.g., at resorts or fairs).

Under the German Civil Code (BGB) § 355 and the EU Consumer Rights Directive (2011/83/EU), consumers have a 14-day right of withdrawal for timeshare contracts. This applies to contracts signed in person (e.g., at a sales presentation) or remotely (e.g., online or by phone).

If the trader failed to provide mandatory pre-contractual information — particularly the model withdrawal form and clear notice of the 14-day deadline — the withdrawal period extends to one year and 14 days from contract conclusion (BGB § 355(3); BGH, Urteil vom 12.07.2018 – VIII ZR 129/17).

Statutory Text

The right of withdrawal shall expire 14 days after the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the goods.

— Directive 2011/83/EU, Art. 9(1)

Statutory Text

If the entrepreneur fails to provide the required information on the right of withdrawal, the withdrawal period shall expire one year and 14 days after the end of the initial 14-day period.

— BGB § 355(3)

What to Do

Sources

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