The Timeshare Regulations 1997

Obligatory terms of timeshare agreement

5.  After section 1B of the 1992 Act there is inserted—

“Obligatory terms of timeshare agreement.

1C.— (1) A person must not in the course of a business enter into a timeshare agreement to which this Act applies as offeror unless the agreement includes, as terms set out in it, the information referred to in Schedule 1 to this Act.

(2) If and to the extent that any information set out in an agreement in accordance with subsection (1) above is inconsistent with any term (the “deemed term”) which is deemed to be included in the agreement under section 1A(4) of this Act, the agreement shall be treated for all purposes of this Act as if the deemed term, and not that information, were set out and included in the agreement.

(3) A person who contravenes subsection (1) above is guilty of an offence and liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum, and

(b) on conviction on indictment, to a fine.

(4) This section only applies if the offeree—

(a) is an individual, and

(b) is not acting in the course of a business.

(5) This section only applies if—

(a) the accommodation which is the subject of the agreement is accommodation in a building, or

(b) some or all of the accommodation in the pool of accommodation which is the subject of the agreement is accommodation in a building,

as the case may be.”