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New types of timeshare

There are several new types of timeshare, some of which have been created just to escape from, or to try to escape from, the scope of the European Timeshare Directive. One should note that the notion of timeshare is not a legal notion that is mentioned in the Directive. It is commonly used to describe the different types of right to use one or more holiday homes on a timeshare basis for a specific duration.

Holiday Clubs
These are timeshare programmes in which either the accommodation and/or the period of the year during which it can be used, are not specified and are therefore «flexible».

Holiday Points
The sales representative or developer offers a points-based programme which provides greater flexibility regarding the periods (for example in the middle of week, the weekend) and the accommodation (for example studio, apartment with two bedrooms). This system, as well as " flexible " holidays clubs, fall within the scope of the OTE codes of conduct.

"Holiday clubs" or "Holiday packages"
These are timeshare programmes for a period of less than three years (whereas the minimum period for a classical timeshare is three years) during which the buyer gets a right to use the accommodation for several weeks. The legal structure for such type of contracts is usually a holiday club. Unless the contract or an amendment to it provides for an extension, these types of contract are not subject to the Directive, although the Directive on package travel could apply. Since the beginning of 2003, these "short-term" contracts are subject to the Belgium timeshare legislation

Holiday Membership Cards
This is a variation on the systems described above, where the contract provides various other advantages or rights (for example price discounts, free car rentals, etc.), in addition to the main right to use an accommodation.

Timeshare Resale Contracts
These contracts, and in particular the aggressive and sometimes dishonest practices associated with them have, for several years, generated many complaints. Even though the actual Timeshare Directive does not apply to this type of contract and these unfair practices, they are the subject of a specific chapter in the OTE codes of conduct, enforcing certain rules and regulations on their members concerning advertising, sales practices, information and conditions of sale.

 

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