Timeshare Related Law and Contracts
Legal proceedings in timeshare, is governed by 3 key areas of law:
- Timeshare Law [TL]
- Consumer Protection Regulations [CPR] (addresses misleading statements and omissions but only relevant if a loss has occured due to a misrepresentation)
- Criminal Law [CR]
Up until 1997, laws were predominantly implemented by individual national jurisdictions, ie countries. Since 1997 however, within the EU, laws have been based on Directives issued by the European Parliament. This evolution resulted in a relatively 'fluid' situation with individual laws being introduced, repealed and replaced.
In pursuing timeshare litigation it is important, therefore, to utilise the appropriate legislation for your case.
A summary of the key laws and EU Directives affecting timeshare (in chronological order) is contained below.
|Legal Act||Legal Sector||Jurisdiction||Year Implemented||Year Repealed||Replaced|
|Spanish Civil Code||Spain||1989|
|Consumer Credit Act (1974)||CPR||UK||1974|
|UK Timeshare Act (1992)||TL||UK||1992||2011||Timeshare Holiday Products Reseal and Exchange Contracts Regulations (2010)|
|Spanish Timeshare Law 42/1998||TL||Spain||2012||Timeshare Law 8/2012|
|Distance Selling Regulations (2000)||CPR||2000||2014||The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations (2013)|
|Proceeds of Crime Act (2002)||CR||UK|
|Money Laundering Regulations (2007)||CR||EU|
|Consumer Protection from Unfair Trading Regulations (2008)||CPR||2008|
|Timeshare Holiday Products Resale and Exchange Contracts Regulations (2010)||TL||EU||2010|
|Timeshare Law 8/2012||TL||Spain||2012|
|The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations (2013)||CPR||2013|
|EU Directives||Jurisdiction||Year Implemented||Year Repealed||Replaced|
|Timeshare Directive (1994)||EU||1997||2011||Timeshare Directive (2008/122/EC)|
|Timeshare Directive (2008/122/EC)||EU/EEA||2011|