基本情況：
去年6月被電話call 去 downtown 聽一個 有關 xxx 的介紹， 在那裡被 sales 忽悠地簽了合同，買了xxx 計劃，今年7月一用才發現有很多與介紹不符的地方，每年有很多收費的，訂住的時候還要交各種費，訂房也不方便，才知道受騙了。已向BC小額法庭立案告該公司， 下月法庭調解。我沒請律師。

在網上看到有其他受害人也在告這家公司。我聯系了一下，他們有六個人，年初請了個律師， 要到明年一月開庭，律師不預收費，打贏後收25%。

主要有以下的基本事實供討論：

1. 起訴時已是簽了合同的第13個月。有無時效問題。

2. 被忽悠的度假計劃， sales 的描述與實際有很多不符。賣的時候說一年交400元的管理費，可實際一年下來交了近千元的管理費，memeber費。 訂的時候還要交200左右的 transfer費,住完結帳的時候還要交清潔費。 賣的時候不讓看合同， 只是講。 到同意買的時候才把合同拿出來讓你簽， 厚厚的合同很難一下看明白。所以， 我認為這不是一個 fare trade.

3. 在他給我的是合同的復印件， 在這復印件上， 很多內容被覆蓋了， 沒印出來。 象公司名稱地址，還有 timeshare 合同必須的“ 如何10天內無條件 cancel 合同” 都沒有在我的合同復印件中出現。所以我拿到的是一份不完整的合同。

www.bclaws.ca/EPLibrar...2_02#part2


Division 2 — Direct Sales, Future Performance and Time Share Contracts

Required contents

19 A direct sales contract, future performance contract or time share contract must contain the following information:

(a) the supplier's name and, if different, the name under which the supplier carries on business; <-----My contract copy did not has this part!!!

(b) the supplier's business address and, if different, the supplier's mailing address; <-----My contract copy did not has this part!!!

(c) the supplier's telephone number and, if available, facsimile number; <-----My contract copy did not has this part!!!

(d) the date on which the contract is entered into;

(e) a detailed description of the goods or services to be supplied under the contract;

(f) an itemized purchase price for the goods or services to be supplied under the contract;

(g) other costs payable by the consumer, including taxes and shipping charges;

(h) if any customs duties, brokerage fees or other additional charges that may apply to the contract cannot reasonably be determined by the supplier, a description of those charges;

(i) a detailed statement of the terms of payment;

(j) the total price under the contract, including the total cost of credit;

(k) if applicable, a description and dollar value of any trade-in;

(l) if credit is extended or arranged by the supplier, a description of the subject matter of any security interest in accordance with Part 5 [Disclosure of the Cost of Consumer Credit];

(m) a notice of the consumer's rights of cancellation, in the prescribed form and manner, if any; <-----My contract copy did not has this part!!!

(n) any other restrictions, limitations or other terms or conditions that may apply to the supply of the goods or services;

(o) any other prescribed information.







www.bclaws.ca/EPLibrar...2_02#part2


Part 2 — Unfair Practices

Division 1 — Deceptive Acts or Practices
Deceptive acts or practices

4 (1) In this Division:

"deceptive act or practice" means, in relation to a consumer transaction,

(a) an oral, written, visual, descriptive or other representation by a supplier, or

(b) any conduct by a supplier

that has the capability, tendency or effect of deceiving or misleading a consumer or guarantor;

"representation" includes any term or form of a contract, notice or other document used or relied on by a supplier in connection with a consumer transaction.




2) A deceptive act or practice by a supplier may occur before, during or after the consumer transaction.

(3) Without limiting subsection (1), one or more of the following constitutes a deceptive act or practice:

(a) a representation by a supplier that goods or services

(i) have sponsorship, approval, performance characteristics, accessories, ingredients, quantities, components, uses or benefits that they do not have,

(ii) are of a particular standard, quality, grade, style or model if they are not,

(iii) have a particular prior history or usage that they do not have, including a representation that they are new if they are not,

(iv) are available for a reason that differs from the fact,

(v) are available if they are not available as represented,

(vi) were available in accordance with a previous representation if they were not,

(vii) are available in quantities greater than is the fact, or

(viii) will be supplied within a stated period if the supplier knows or ought to know that they will not;

(b) a representation by a supplier

(i) that the supplier has a sponsorship, approval, status, affiliation or connection that the supplier does not have,

(ii) that a service, part, replacement or repair is needed if it is not,

(iii) that the purpose or intent of a solicitation of, or a communication with, a consumer by a supplier is for a purpose or intent that differs from the fact,

(iv) that a consumer transaction involves or does not involve rights, remedies or obligations that differs from the fact,

(v) about the authority of a representative, employee or agent to negotiate the final terms of a consumer transaction if the representation differs from the fact,

(vi) that uses exaggeration, innuendo or ambiguity about a material fact or that fails to state a material fact, if the effect is misleading,

(vii) that a consumer will obtain a benefit for helping the supplier to find other potential customers if it is unlikely that the consumer will obtain the benefit,

(viii) that appears in an objective form such as an editorial, documentary or scientific report if the representation is primarily made to sell goods or services, unless the representation states that it is an advertisement or promotion, or

(ix) to arrange for the consumer an extension of credit for a fee, unless the fee is deducted from the advance, as defined in section 57 [definitions];

(c) a representation by a supplier about the total price of goods or services if

(i) a person could reasonably conclude that a price benefit or advantage exists but it does not,

(ii) the price of a unit or installment is given in the representation, and the total price of the goods or services is not given at least the same prominence(突出), or

(iii) the supplier's estimate of the price is materially less than the price subsequently determined or demanded by the supplier unless the consumer has expressly consented to the higher price before the goods or services are supplied;

(d) a prescribed act or practice.
Prohibition and burden of proof

5 (1) A supplier must not commit or engage in a deceptive act or practice in respect of a consumer transaction.

(2) If it is alleged that a supplier committed or engaged in a deceptive act or practice, the burden of proof that the deceptive act or practice was not committed or engaged in is on the supplier.



還有這兩個文件， 是ALBERTA 省的，BC 沒有單立 act, 但有類似的bill。

Unfair_Practices_the_Fair_Trading_Act.pdf：

www.servicealberta.ca/...ng_Act.pdf

timeshare-act.pdf：

http://www.beimeicn.com/Forums/posting/mode=newtopic/f=134/lang=tchinese.html

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