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  This evolution resulted in a relatively 'fluid' situation with individual laws being introduced, repealed and replaced.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Legal Act Legal Sector Jurisdiction Year Implemented Year      Repealed Replaced 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EU Directives Jurisdiction Year Implemented Year Repealed Replaced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