I11 Application of Act.
1
In this Act—
a
“timeshare accommodation” means any living accommodation, in the United Kingdom or elsewhere, used or intended to be used, wholly or partly, for leisure purposes by a class of persons (referred to below in this section as “timeshare users”) all of whom have rights to use, or participate in arrangements under which they may use, that accommodation, or accommodation within a pool of accommodation to which that accommodation belongs, for F1a specified or ascertainable period of the year, and
b
“timeshare rights” means rights by virtue of which a person becomes or will become a timeshare user, being rights exercisable during a period of not less than three years.
2
For the purposes of subsection (1)(a) above—
a
F2b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
Subsection (1)(b) above does not apply to a person’s rights—
F3a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
F3c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
or to such rights as may be prescribed.
F53A
For the purposes of sections 1A to 1E, 2(2A) and (2B), 3(3), 5A, 5B and 6A of this Act, subsection (1) above shall be construed as if in paragraph (b), after “become” there were inserted “, on payment of a global price,”.
4
In this Act “timeshare agreement” means, F6. . . an agreement under which timeshare rights are conferred or purport to be conferred on any person and in this Act, in relation to a timeshare agreement—
a
references to the offeree are to the person on whom timeshare rights are conferred, or purport to be conferred, and
b
references to the offeror are to the other party to the agreement,
and, in relation to any time before the agreement is entered into, references in this Act to the offeree or the offeror are to the persons who become the offeree and offeror when it is entered into.
F75
In this Act “timeshare credit agreement” means an agreement, not being a timeshare agreement, under which credit which fully or partly covers the price under a timeshare agreement is granted—
a
by the offeror, or
b
by another person, under an arrangement between that person and the offeror;
and a person who grants credit under a timeshare credit agreement is in this Act referred to as “the creditor”.
F86
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F96A
No timeshare agreement or timeshare credit agreement to which this Act applies may be cancelled under section 67 of the Consumer Credit Act 1974.
7
This Act applies to any timeshare agreement or timeshare credit agreement if—
a
the agreement is to any extent governed by the law of the United Kingdom or of a part of the United Kingdom, or
b
when the agreement is entered into, one or both of the parties are in the United Kingdom.
F107A
This Act also applies to any timeshare agreement if—
a
the relevant accommodation is situated in the United Kingdom, or
b
when the agreement is entered into, the offeree is ordinarily resident in the United Kingdom and the relevant accommodation is situated in another EEA State.
7B
For the purposes of subsection (7A) above, “the relevant accommodation” means—
a
the accommodation which is the subject of the agreement, or
b
some or all of the accommodation in the pool of accommodation which is the subject of the agreement,
as the case may be.
8
In the application of this section to Northern Ireland—