S.L. 409.2 · Protection Of Consumers (Timeshare, (S.L. 409.2)
S.L. 409.2 Art. 3Interpretation. Cap. 409. [
In these regulations, unless the context otherwise requires:
"the Act" means the Malta Travel and Tourism Services Act;
"accommodation" means any movable or immovable facility designated for overnight stays;
"ancillary contract" means a contract under which the consumer acquires services which are related to a timeshare contract or long-term holiday product contract and which are provided by the trader or a third party on the basis of an arrangement between that third party and the trader;
"authorised officer" means any officer appointed and authorised in writing by the Authority to exercise the functions conferred in these regulations on such officers; "the Authority" means the Malta Tourism Authority;
"consumer" means a natural person who is acting for purposes S.L.409.02 AND EXCHANGE CONTRACTS)
which are outside that person’s trade, business, craft or profession; "the Director" means the Director of the Enforcement Directorate of the Malta Tourism Authority; "durable medium" means any instrument which enables the consumer or the trader to store information addressed personally to him in a way which is accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored; "exchange contract" means a contract under which a consumer, for consideration, joins an exchange system which allows that consumer access to overnight accommodation or other services in exchange for granting to other persons temporary access to the benefits of the rights deriving from that consumer’s timeshare contract; "event" means a promotion or sales event relating to timeshare and, or long-term holiday product and, or resale and, or exchange contract;
"long-term holiday product contract" means a contract of a duration of more than one year under which a consumer, for consideration, acquires primarily the right to obtain discounts or other benefits in respect of accommodation, in isolation or together with travel or other services. In calculating the duration of a long-term holiday product, any provision in the contract allowing for tacit renewal or prolongation shall be taken into account; "the Minister" means the Minister responsible for tourism; "Member State" means a State forming part of the European Union; "resale contract" means a contract under which a trader, for consideration, assists a consumer to sell or buy a timeshare or a long-term holiday product; "timeshare contract" means a contract of a duration of more than one year under which a consumer, for consideration, acquires the right to use one or more overnight accommodation for more than one period of occupation. In calculating the duration of a timeshare contract, any provision in the contract allowing for tacit renewal or prolongation shall be taken into account;
"trader" means a natural or legal person who is acting for purposes relating to that person’s trade, business, craft or profession and anyone acting in the name of or on behalf of a trader.