Timeshare recreation system. What is a timeshare, and what types are there? Basic concepts used in timeshare

Timeshare is a unique tourism product, which is based on the legally enshrined right to the exclusive use of apartments in the aparthotel tourist complex. By purchasing a timeshare, the buyer guarantees himself a certain high-quality level of vacation living in spacious modern apartments in a complex with developed tourist infrastructure for many years.

A timeshare can be considered as a type of property, very similar in features, and also directly related to real estate.
By purchasing a timeshare, its owner can:

use it yourself, come on vacation with any group of vacationers, observing only the rules for the maximum capacity of the apartments;
send family members, relatives, friends and acquaintances on vacation at their discretion instead of myself;
rent out your property for rent and receive income both independently and through specialized agencies;
give, give away forever, transferring the rights of the owner to any other person;
leave by inheritance or bequeath to children or other family members and relatives;
sell both privately and through specialized agencies at an independently set price, according to market prices at the time of sale; The same rules apply here as in real estate;
exchange a week's worth of apartments according to the season for apartments of the same size and class in another region or country of the world through a specialized holiday exchange company;
through the exchange system have access to extra weeks holidays at extremely low prices (from $150 to $950, and an average of $550 per week for an apartment for the whole family);
use additional discounts for accompanying tours. services - such as discounts on hotels, restaurants, car rentals, tours. insurance, spa, golf, etc.

Timeshare is often called " Family vacation“, since it is most popular among families, both with and without children, due to the fact that holidays in apartments are more comfortable, as well as due to significant savings in money for holidays.
There are regions where timeshare travel is extremely profitable from a financial point of view. These are usually those resort areas where hotel accommodation makes up a large part of the cost of the tour package. For example: England, Caribbean, Goa (India), Kenya, Bali (Indonesia), USA: Florida, Las Vegas, California, Hawaii, etc.

With a timeshare, you have more spacious accommodation compared to a hotel room. Rate below the advantages of a timeshare apartment compared to a regular hotel room.

This is an exact replica of a 2-bedroom apartment at a specific timeshare resort.

Timeshare available for families. The average cost of purchasing a timeshare is $16,000, but sometimes you can buy it for less. Below are numbers that will help you assess how timeshare vacation saves serious money. And you also save a lot of money when the family dines at home in a comfortable timeshare apartment.

Average cost of a hotel room: $150
Inflation rate: 3%
Holidays for the following: 25 years
A family of 4 people will need 2 hotel rooms, and they will cost: 85.000 $

Average cost of purchased timeshare: $16,000
Annual fee for maintenance and management of apartments: $500
Inflation interest on contribution: 3%
Holidays for the following: 25 years
For a family of 4-6 people, a holiday in a 2-bedroom apartment will cost: 39.900$

But it's a timeshare not just saving money compared to a hotel room. The apartments are essentially more comfortable and cozy like your home. The timeshare complex also represents extensive infrastructure and entertainment: swimming pool, SPA, beach, tennis, golf, ski complex, bar, restaurant, entertainment for adults and children.

Timeshare is quite flexible. And the system of timeshare points (points) even allows you to divide a week's vacation into weekend trips, as well as 10 days, according to the number of people traveling with you, order from a studio for 2 people, to a huge apartment with 4 bedrooms for a family and their friends.

The timeshare can also remain in the family. You can provide for your children affordable and quality vacation.

TIMESHARE- form of ownership of property in the form within the complex or the right to unlimited exclusive use of apartments on the basis of time division for a multiple period in every calendar year. A unique and attractive part of the program is EXCHANGE timeshares through an independent .

TIMESHARE OWNER– an individual or legal entity who has acquired or otherwise received . A distinction is made between “Principal Owner” and “Co-Owners”, where the “Principal Owner” is the person listed first on membership documents (timeshare ownership documents), including timeshare. No more than 4 people can own a timeshare at the same time. The “Main Owner” and the “Co-Owner” have absolutely equal rights. However, the certificate only shows the address of the “Principal Owner” and all member correspondence is sent to this address.

APARTMENTS- in Western Europe - an apartment in a private multi-apartment residential or tourist complex. There are different APARTMENT TYPES by size and number of bedrooms. In tourism, the characteristics of apartments are and COMFORT, which are usually indicated in parentheses separated by a fraction (Note: 1-Bed (4\2) – apartments with one bedroom and a maximum capacity of 4 people, and comfort of 2 people). Apartments differ from a hotel room in the presence of a kitchen (minimum or full)

APARTMENT TYPES– “Studio” (Studio, abbreviated St. or T-0) – open plan a one-room apartment in which a recreation area and a dining area are combined in one room, and the kitchen is separated by a bar counter and only the bathroom and toilet are separate. “One-bedroom apartment” (1-Bedroom, abbreviated as 1-Bed or T-1) - apartments with one separate bedroom, living room, kitchen and separate dining area, bathroom with toilet, terrace or veranda. “Two-bedroom apartment” (2-Bedroom, abbreviated as 2-Bed or T-2) - the same as the previous one, but with two separate bedrooms, as well as two bathrooms and toilets. The previous two types of apartments are the most popular and common in . There are also “Three-bedroom apartments” (3-Bedroom, abbreviated as 3-Bed or T-3) and much less often “Four-bedroom apartments” (3-Bedroom, abbreviated as 3-Bed or T-3).

MAXIMUM CAPACITY– characteristic , depending on the number of beds. (Note: One-bedroom apartments most often have a maximum capacity of 4 people: two beds in the bedroom and a sofa in the living room that can be folded out in the evening, which can accommodate two more people)

COMFORT– characteristics of the apartments depending on the layout , usually less, but sometimes the same as the maximum occupancy of the apartment. If, in accordance with a specific layout, tourists living in the bedroom have separate access to the bathroom and do not interfere with those relaxing in the living room, then in this case the comfort will coincide with .

APARTHOTELS– Tourist complexes with developed infrastructure (reception, bar, restaurant, swimming pool, gym, playgrounds, etc.) differ from hotels in that they consist of instead of traditional hotel rooms.

REST WEEK– minimum duration of residence in complex , which can be purchased for perpetual ownership under the program . There is no limit to the number of weeks of timeshare a single buyer can purchase and own.

FIXED WEEKS- the most famous and common form of ownership when for specific in a specific complex on a specific calendar week of each year. Weeks 18 and 19 usually coincide with the May holidays, and weeks 1 and 2 are New Year's holiday weeks. Ideal for people who would like to have a guaranteed holiday in a specific location at the same time year after year. (Note: Owning the 52nd and 1st weeks in a club on the island of Tenerife, the owner guarantees himself a New Year's holiday in the sun)

FLOATING POSSESSION- buyer, purchasing , is determined only with a specific size and APARTMENT TYPE, the number of purchased And . Within its season can book accommodation in a specified apartment size on different dates. (Note: One year you go in June, and the next year in September or again in June.) You just need to inform the club in advance and book yourself an apartment for specific dates according to . There are no surcharges for changing the dates of the planned trip, and there are no restrictions within the season. Ideal for people whose vacations are always at different times or on a staggered schedule.

DAY OF ARRIVAL– Each apartment has its own specific check-in day to avoid delays between the arrival and departure of tourists. The day of arrival is indicated in the owners' membership documents weeks, as well as in the catalog of the exchange company for each club.

SEASON– Weeks and months throughout the year, differing in the occupancy of the apartments with tourists. There are three seasons: “High”, “Middle” (Middle or Mid) and “Low”. Low season - occupancy rate below 30%, High season - above 65%. Occupancy depends on weather and climatic conditions, national and international holidays, school holidays and holidays. U seasons are named by color “High” - in RCI and in Interval International - “Red”; “Medium” in RCI - “White”, in Interval International - “Yellow”, and “ Low" in RCI - "Blue", in Interval International - "Green". Within the high category, “Peak” is also distinguished (Pick or Super High or Super Red). This is most often August, as well as Christmas and New Year holidays.

MULTICLUB– an association of resorts that usually have one FOUNDER. Clubs can be located in the same or in different regions and even in different countries. There are multiclubs that unite only three resorts, and there are more than two hundred. Multiclub ownership type is always FLOATING. A club member has the right to choose within his own and size and APARTMENT TYPE, not only different times for rest, but also a place for rest. (Note: One year go on vacation in July on the Costa del Sol, and the next year on New Year's in Tenerife, and the third year - to England in May, etc.) Choosing a vacation destination does not require additional payments and is sometimes called "free internal exchange." It is considered an advantage that money is saved on the exchange. Membership in a multiclub does not exclude the possibility EXCHANGE through an independent . However, such an attractive membership is not suitable for those who would like to have a guaranteed place and time of relaxation.

CERTIFICATE– document confirming rights timeshare, certificate of ownership. The document describes the owner's property: the name of the club, the size of the apartments, the number and numbers of weeks, the date of registration of membership and issue of the certificate, its number, as well as the owner's details, including his address and co-owners. For timeshares in the form the certificate indicates how many points the owner owns. The reverse side of the certificate is an act of transfer of membership rights and is completed only if the owner intends to assign his rights (sell, gift, etc.) to another person or persons. Keep your membership certificate in a safe place.

MEMBERSHIP FEE– a mandatory fee that goes towards maintaining order, maintaining and maintaining the apartments, managing the resort and all infrastructure, repair work, depreciation, etc. Paid once a year according to the invoice issued before the beginning of the year. May increase, but not higher than the inflation rate. The final decision on the amount of the annual membership fee is made based on voting at the annual general meeting of all club members. You can participate in voting in person, or by correspondence. Timely payment of dues by all members guarantees high level property and after many years.

EXCHANGE COMPANY– an organization that exchanges timeshare weeks between club members. They provide owners with the opportunity to exchange their timeshare for another - for another time, place or both at the same time. The exchange company guarantees the same level of resorts included in a single catalog of resorts.
The two largest exchange companies are Resort Condominiums International (RCI) and Interval International (II). Almost all resorts belong to one or the other of these two organizations. However, there is an exchange company that allows exchange between owners of any timeshares - TIMESHARE-OBMEN.RU (www.timeshare-obmen.ru)

POINTS- a type of timeshare. The purchased property is valued in points (points), with which the owner, as it were, pays for each individual order. A very flexible system that allows you to choose and vary, as needed, different sizes of apartments for each trip, divide a week’s vacation into weekend trips, book a ten-day vacation, and much more.

“Timeshare – what is it?” - this word can often be heard in American films, but in Russia the term appeared recently.

It comes from the English "Timeshare", which means "Time Sharing".

The Germans put it more precisely: their word “Teilzeitwohnrecht” is translated as “The right to reside at a certain time.”

What is a timeshare

This is the right of one of the property owners to live there for a certain amount of time.

The concept is used as a system of alternate holidays for owners of resort apartments or aparthotels.

Its essence is that several clients can rent a house for a while and take turns relaxing in it.

The contract itself is concluded for a period of 3 to 30 years. On the one hand, this allows you not to overpay travel agencies and not buy a full-fledged tour every time, while staying not in a hotel, but in an ordinary house or apartment. On the other hand, tourists do not need to buy housing that they can only use during vacation.

The timeshare system itself appeared in the mid-70s of the twentieth century: one American company offered clients to book a hotel room for certain weeks several years in advance. That is, clients received “ownership” of apartments for a limited number of days: 1-2 weeks, a month or a year. This holiday option attracted many tourists, and the system quickly spread throughout America and Europe.

The advantages of this holiday option include:

Increased comfort and freedom: since timeshare purchases apartments and rooms in tourist complexes or residential buildings, the tourist gets the opportunity to live in his own home, rather than in a hotel.
Most often, this type of vacation is purchased by young people and families with children: such a vacation is convenient due to the lack of a schedule (entry/exit, closing) and low cost.
Many companies prefer to use such a system to organize rest for their employees.
Rest days can be donated, sold or inherited. Also, tourists who have purchased a “floating property” can choose new periods of stay every year. For example, go on vacation and come on vacation in June, and book September next year.

Disadvantages include:

High price: since the contract is concluded for at least 3 years, you should prepare for the fact that the cost will be significantly higher than one tour.
Hotels operating under the timeshare program practically do not work with Russian-speaking tourists. This may lead to a language barrier.
If a tourist has somehow violated the rules of staying at the hotel, he may be denied further use of the system, but the money will not be returned.

There are 3 timeshare options:

Red: This is the most expensive option, allowing owners to visit the resort during peak season, change check-in dates, or even choose another resort.
“White”: check-in is possible in the off-season.
"Blue": the cheapest. Available during low season or in cheap hotels.

Timeshare in Russia

According to Wikipedia, the largest timeshare companies in the world are RCI (Resort Condominiums International), Interval International and the German MONDI-Holiday.

In the USA, the largest operator is Redweek.

To protect timeshare owners, the “All-German Timeshare Union” was created.

Note: In the USA, a code of ethics was adopted, which spells out all the rights of the buyer and the need for operators to provide all the information required by the client.

However, in Russia this type of recreation is poorly organized, or rather, practically not organized at all. Due to the difficult 90s and numerous deceptions, few Russians are able to plan their vacation at least 3 years in advance.

In addition, frequent cases of deception and disappearance of fraudulent companies with the names of well-known European timeshare operators have undermined citizens' faith in this type of vacation. It was not uncommon for holiday buyers to be housed in abandoned or refurbished hotels that had no running water or electricity. Some lucky people who had a good rest in the first year later received bills with huge sums supposedly for repairs and maintenance of their homes.

It is worth noting: But nevertheless, timeshare began to gradually enter the Russian markets, mainly through foreign operators who open representative offices here.

How to buy a timeshare

The first thing to remember: you can only buy timeshare from time-tested companies.

There is no need to be fooled by cheap prices - it is better to contact companies that cooperate with RCI or Interval International.

Only these organizations can guarantee a full and high-quality vacation. Even if the offer is purchased second-hand, it must be issued by those operators.

Next, you need to select the direction, terms and date of the visit, the term of the contract (the manager will help you decide on this), collect documents and pay the fee. Afterwards you can calmly wait for your vacation and travel.

Good to know: It is worth paying attention to certain nuances, for example, the possibility of transferring the timeshare to other persons or selling it.

In the USA and Europe, time sharing is a fairly popular tourism option, which allows you to save significantly on it. However, in Russia, due to numerous deceptions, this option has not yet taken root, but gradually the situation is changing for the better.

Watch a video in which an experienced user explains how timeshare works in the USA:

Would you like to own your own room in a luxury hotel and come there on vacation at a convenient time? Then you will be interested to know what a timeshare is, what its features are, and how it can be useful to a tourist.

The word itself timeshare arose back in the 70s of the last century, in Europe and America. Time- time, share- share, division. Accordingly, timeshare is time sharing. Its essence is simple. A company wishing to build a hotel did so at the expense of investors, who could be both individuals and companies. By investing in the construction, they became co-owners of one of the hotel or resort rooms.

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Reminds me of the system by which most apartments in new buildings are now sold, right? The only significant difference is that the number ownership time is divided into 52 periods, equal to the number of weeks in a year. In other words, you can buy ownership of the room for any week (or several) per year.

Timeshare Features

Traditionally, the minimum unit for purchase is one week. The maximum is not limited, you can buy at least the whole year. The cost of the fee depends on both the location of the room and the time of year. A week in the “high season” will cost more than in the “low season”.

You can select the holiday date immediately, or leave it “floating”, indicating only the season. In this case, you need to book a room in advance for the required dates. The rule here is “whoever got up (called) first gets the number.” Most numbers are sold using this system, with a floating date.

The concept of a timeshare has changed somewhat since its inception. Now, in order to become a participant in the program, it is not at all necessary to invest money and wait until the resort is built. On specialized sites, anyone can buy so-called points (or glasses), which are the internal currency. You can exchange them for a stay at any of the hotels included in the system. Moreover, in this case you can buy both weeks and individual days.

The purchased number is subject to almost the same rules as when owning any other real estate. It can be sold, rented, exchanged, and even inherited. All possibilities for this must be clearly stated in the contract. In addition, depending on the share, your right to participate in the management of the hotel, being a kind of shareholder, may also be indicated there.

Timeshare in Russia

The history of timeshare development in Russia began in the “turbulent” 90s, when the main principle of doing business was “invest less, grab more.” The consequence of this was the dissatisfaction of people who, using the services of such would-be intermediaries, overpaid several times more than the real cost of the room.

Unfortunately, the principles of many companies have not changed, so getting involved with a timeshare in Russia is not only unprofitable, but sometimes even risky. When professional scammers got down to business, the timeshare turned into a kind of scam. Many people still think that this is some kind of sophisticated deception of money from the gullible public.

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Considering the complete lack of legislative regulation on this issue, it is not surprising that reviews of timeshares are mostly negative. However, this does not prevent it from developing quite dynamically in the West. Many analysts predict that over the next 10 years, this type of club recreation will take first place among other methods of organizing leisure time.

TOPIC 11. PROPERTY IN THE TOURISM SECTOR

11.3. Club Leisure Ownership System

There is no generally accepted definition of a holiday ownership system. Some interpret it as a pre-paid vacation, others - as the purchase of real estate. A more common interpretation of a timeshare is as joint ownership of real estate, as a type of condominium. Timeshare literally means “time sharing.” The essence of a timeshare is the acquisition under a contract of the right to use real estate in a time-shared mode. In other words, timeshare is joint ownership of real estate in the tourism business with the opportunity to use it for a certain time in proportion to the monetary contribution. Real property in a timeshare contract means any building (or part of a building) used as a residence.

The acquisition of the right to use real estate is linked to the purchase and sale of club membership, which guarantees the provision of certain services by the club. In the Law of the Russian Federation “On the Peculiarities of Tourist Activities in the Sphere of Club Vacations,” a timeshare is defined as a club vacation in a time-shared mode, i.e. holiday in a holiday club owned or included in its catalogue, for a specified period of time, lasting at least one week each year.

A timeshare assumes that everyone spends an annual vacation for a set period of time in a specific place of residence (club), which is part of a tourist complex. By paying a one-time fee, the buyer receives the right to own membership in the holiday club and the contractual right to reside for a certain period of time annually in a module that is part of the tourist complex (club). The owner then makes annual contributions to fund the maintenance of the club property or to exchange holidays with another club.

Thus, when paying for a timeshare, you buy a module, time interval and season. The module can be represented by a room, apartment or other type of housing. Specially equipped modules may include terraces, balconies, swimming pools, jacuzzi, video systems, kitchens, etc. Traditionally, apartments are sold for 4-6 people. The period of sales time is usually calculated in weeks (intervals) and cannot be more than 51 weeks and less than one week per year. The time spent in the modules is divided into seasons - red, white and blue (cyan). Red is the most expensive and prestigious season, white is the off-season, blue is the off-season. The contract is for a minimum of three years, but is usually purchased for a period of 10 years or in perpetuity.

The average size of the complex is 50 rooms. Complexes located in the most attractive areas are divided into beach (Spain, Portugal), city (London, Paris, Vienna), mountain (Austria) and theme parks (USA - Orlando, Florida; northeast Spain). The average price of a module ranges from $6,500 to $9,500. In Spain, an average two-bedroom room costs approximately $7,500, while in season - 8,000, in the off-season and off-season - respectively 5,200 and 3,800 dollars.

An accommodation facility in a club vacation ownership system can be exchanged for a vacation elsewhere at resorts around the world if desired. The co-owner of the property can change the vacation spot to a similar one within his “color”. Red changes only to red, white - only to white and blue, blue - only to blue. It is possible to exchange a super-popular and prestigious region for a less prestigious one with an increase in vacation time. Exchange rights provide for the possibility of accumulating rest time if the owner does not use “his” interval in the current year.

In addition to the timeshare exchange system, there are national and international apartment exchange systems in different cities and countries for the holiday period - Swap Homes Formula, which allows people from different countries to exchange apartments, houses, etc. with each other. for a certain time. Each apartment owner does not incur any material costs for living in the apartment of his exchange partner.

In a classic timeshare, ownership rights are inherited and can be the subject of a pledge, assignment, loan security, etc. Document of ownership – certificate of ownership.

According to European law, a timeshare contract can be canceled by the buyer without giving reasons within ten calendar days. However, he pays only those costs that, in accordance with national laws, were caused by the conclusion and cancellation of the contract.

Buyers in the vacation ownership system are individuals with a high annual income and increased requirements for the quality and location of accommodation facilities. The average annual income of owners is more than 60 thousand dollars. As a rule, they have a prestigious education. The most common motives for buying a timeshare: the possibility of exchanging a vacation - 72%, confidence in the quality of the apartments provided - 62%, the habit of vacationing at a given resort - 58% and saving money on future vacation expenses - 56%.

The vacation ownership system involves project developers (promoters), sales professionals, resort management companies, vacation exchange companies, trust companies or trustee organizations to protect the rights of vacation owners, and interval resale companies (secondary market). In particular, developers solve the problems of choosing the location of the complex, organizing financing, creating a legal structure, attracting or creating marketing and management companies, creating owner associations, and organizing cooperation with exchange companies.

Currently, the world's leading exchange ownership company is Resort Condominiums International (RCI), which provides co-ownership at luxury resorts and "exchange vacations." It was created in 1971, has 64 offices in 32 countries, including Russia, and publishes materials for club members in 20 languages. In 1996, it facilitated almost 1.7 million exchanges. The number of company members exceeds 2.2 million families living in 190 countries. The company's resort network consists of more than 3,000 recreation complexes (clubs) in 80 countries. The company's enterprises employ more than 4,000 specialists 61. In 1996, RCI opened its representative office in Moscow and is actively promoting timeshare services on the Russian market. The company maintains high quality services. If the quality of any resort falls below established standards, then its membership in the company is suspended or it is excluded from the exchange network.

Another prestigious system that provides shared ownership of holidays is Interval International (II). It includes more than 1,000 high-class hotels, usually five-star. Unlike RCI, the P system is of a higher class. Anyone, regardless of citizenship, can become a co-owner of the prestigious resort for one week annually for $22,000 for a period of up to 25 years.

Almost all countries have national timeshare clubs. In Greece - Timeshares Hellas, which has 5,000 cottages throughout the country, which can be exchanged for 2,300 other resorts in 70 countries. In Russia, the Moscow company UniFuture in 1993 announced the start of selling places in fashionable boarding houses and sanatoriums near Moscow using a system called “timewright”. It is based on the acquisition of the right to long-term rest and treatment for a period of 1 to 20 years. For this purpose, long-term lease agreements are concluded with the administration of the most famous recreation centers near Moscow.

Information about the sale of a timeshare to a client is confidential. There are specific laws and regulations associated with the holiday ownership system. Among them are the “Directive for the protection of buyers in relation to certain aspects of contracts relating to the acquisition of the right to use real estate in a time-sharing mode” of the European Parliament and Council of December 26, 1994, the Russian federal law “On the peculiarities of tourism activities in the field of club holidays”, Queen Elizabeth II Timeshare Act in the UK, Real Estate and Vacation Ownership Act in the USA, etc.

The club holiday ownership system is a rapidly growing sector of the global tourism business. In the last decade, the growth rate of this tourism sector has exceeded the growth rate of the tourism industry as a whole. It has been developed in 81 countries around the world. More than 3.14 million families own a recreation system; they live in 174 countries. More than 4,500 tour complexes operate in this system. In 1996, up to 20 thousand families owned timeshare in Russia 62 .

Introduction

Characteristics of services in the timeshare system in Russia and abroad

Conclusion

Introduction

The essence of a timeshare is that the property is not purchased as a whole, but specific club weeks, at a certain time of year, usually for lifelong use. This allows you to save on the overall price, as well as reduce property maintenance costs and tax payments.

The timeshare industry is over 40 years old. Its annual income is more than $9.46 billion per year. Global growth is projected to double over the next decade, driven by widespread growth in travel and tourism. Today there are 6.74 million timeshare households around the world. Of which, over one and a half million live in Europe. However, it is necessary to be aware of the broad contribution of timeshare to the European economy, in providing year-round tourism and employment.

The modern timeshare concept provides vacationers with a unique combination of security and choice. Security is realized due to the fact that you can purchase your favorite vacation for the future. The choice is ensured by the opportunity to exchange the purchased vacation, through international exchange companies, for another high-quality vacation around the world, or through timeshare points system clubs.

The popularity of redemptions has led to the emergence of a new product, often called vacation clubs, where consumers can purchase points instead of shares in a particular resort. These points act as resort currency. Every time travelers want to take advantage of their vacation, they select the desired apartment size, duration, location and pay with points for their choice.

1. Concept, content and legal regulation of timeshare

The active, sometimes even aggressive, activities of travel companies offering Russian consumers “tourist services under the timeshare system” have given rise to many conflict situations. Some of these conflicts resulted in litigation. Disputes about the legality of using aggressive marketing methods and the available means of legal protection of clients' interests have given rise to a natural interest in the legal nature of the relations that develop between participants in the timeshare system.

The word “timeshare” itself is a translation from the English “time-sharing,” which can be translated as “alternate use.”

Timeshares have become a popular form of holiday organization for the middle class in the West relatively recently - since the 1970s. Accordingly, the legal regulation of relations related to timeshare is at the stage of development. Typically, a timeshare is created by a development company, that is, an organization specializing in the implementation of complex real estate projects. Such a company, using borrowed funds, invests them in the construction or reconstruction of boarding houses. Timeshares are organized in traditional resort areas.

Then the development company creates a club - a non-profit organization that brings together participants who are co-owners of the property. The entrance (share) contribution of these first club members is actually used to pay for real estate, which is purchased by the club from a development company. The size of such a contribution is significantly lower than the full cost of the premises, since the same premises are transferred jointly to several owners, who operate it alternately in accordance with the club membership agreement. Each of them pays full cost premises, but only approximately 1/50 of this cost for each week of annual vacation. Purchasing the right to use a premises costs more during the popular season, and less during the low season.

Often the legal relations of the parties are formalized in such a way that buyers not only become members of the club, but also acquire a share in the ownership of the property. real estate, i.e. they become co-owners of real estate.

To operate the common property, the club enters into an agreement with a management company that provides public utilities, cleaning of premises, current and major repairs. For these services, the management company is paid a fee, the source of which is the annual contributions of club members.

In order to minimize tax payments, the real estate of the club and/or its members can be transferred into trust ownership of a trust company organized in an offshore zone with a favorable tax regime.

Finally, in order to attract consumers who are members of the club and exercise rights to the premises, a marketing company is organized, i.e. a specialized campaign to sell timeshare rights and club memberships to consumers. In order to ensure maximum coverage of the territory, the marketing campaign organizes an agent network of commission agents. In this case, such commission agent is CJSC Tropicana SPb.

The structure of the relationship between a timeshare club and its members is vaguely reminiscent of housing cooperatives and homeowners' associations known to Russian law. The main difference between these forms and timeshare is that members of housing cooperatives and homeowners' associations use their residential premises constantly throughout the year, and timeshare members only temporarily. The procedure for exercising the right of timeshare members to use residential premises is established by an agreement between the club and its members.

Since in Russia there is no specialized legislation regulating relations between consumers and professional participants in the timeshare market, to conduct a comparative legal analysis, we can focus on legislative acts adopted in Western countries.

An example here is European Union Directive No. 94/47/CE, adopted on October 24, 1994 and which came into force in May 1997. This supranational legal act regulates the relationship between consumers and professional participants in the timeshare market and is binding in all EU countries. The leitmotif of the directive is to protect the interests of the buyer from unfair actions of entrepreneurs specializing in the “timeshare” business. The provisions of the directive apply to contracts concluded for a period of more than three years and the duration of ownership of real estate for at least a week.

The document regulating the relationship between the seller and the buyer is a contract on the transfer of the right to use real estate “for the period of vacation” (timeshare). In this case, the buyer is often also given a share in the ownership of this property. The contract is drawn up in two languages - the language of the state where the buyer lives, and the language of the state where the property is located. The contract must set out in writing all the property conditions, methods and procedure for its termination, as well as the period during which the consumer has the right to terminate the contract unilaterally without specifying reasons (usually the first 10 days after signing).

It should be noted that since the real estate that is the subject of such a contract is usually located abroad, the rules of private international law must be taken into account when concluding and executing the contract. As a rule, the contract is concluded in the territory Russian Federation, the buyer is a resident of Russia, and the owner of the property is a foreign legal entity. Sometimes the substantive law applicable to the relations of the parties is determined in the contract itself by means of an appropriate clause. If the parties have not resolved this issue, then substantive law is determined based on the relevant conflict of laws rules of private international law. In the Russian Federation, conflict of laws rules are enshrined in Section. VII Fundamentals of civil legislation. According to Art. 166 Fundamentals, the rights and obligations of the parties in such transactions are determined by the law of the country where the party who is the seller is established, has his place of residence or has his main place of business. Thus, if the seller is a foreign legal entity and the contract does not contain a clause on the applicable law, the buyer may be surprised to find that in order to protect his rights he needs to turn not to familiar Russian laws (Civil Code, Law on Protection of Consumer Rights), but to foreign law. Therefore, including a substantive law clause in a contract is always advisable. The choice of Russian law is attractive insofar as this legal system familiar to both the buyer and his lawyers. On the other hand, Russian legislation does not yet contain rules specifically aimed at protecting the rights of timeshare buyers. Therefore, by subjecting the contract to the substantive law of the European Union, the consumer will be able to obtain additional protection based on the beneficial provisions of European Union Directive No. 94/47/CE, which were described above.

It should be emphasized that even a special agreement of the parties cannot exclude the application of a special rule on the law applicable to the form of the transaction. This rule of private international law is reflected in Art. 165 Fundamentals of Civil Legislation (as well as in Article 1252, Chapter 70 of the draft part three of the Civil Code of the Russian Federation). According to this principle of conflict of laws, the form of a transaction in relation to real estate must comply with the law of the location of the real estate. So the form of the contract must always comply with the laws of the state where the timeshare resort complex itself is located.

When drawing up a contract, you should take into account some other norms of Russian legislation that will apply to the relations of the parties, regardless of how the issue of applicable substantive law is resolved. This primarily applies to the norms of currency legislation.

Acquisition of any rights to real estate abroad (as well as acquisition for foreign currency of shares, shares, participation interests in foreign legal entities) according to paragraph 10 of Art. 1 and paragraph 2 of Art. 5 of the Law of the Russian Federation “On currency regulation and exchange control" is a foreign exchange transaction associated with a movement of capital. Such operations must be carried out in the manner established by the Central Bank of Russia.

The Central Bank of the Russian Federation (Bank of Russia) considers it necessary to once again draw the attention of enterprises and citizens considering the possibility of taking these actions to the requirements of the legislation of the Russian Federation in this area. So, in accordance with paragraph 10 of Art. 1 and paragraph 2 of Art. 5 of the Law of the Russian Federation “On Currency Regulation and Currency Control”, these operations relate to operations related to the movement of capital and must be carried out in the manner established by the Bank of Russia.

In order to limit the export of capital from the country, the Bank of Russia has established a licensing procedure for carrying out these operations.

2. Characteristics of services in the timeshare system in Russia and abroad

timeshare travel service

The concept of timeshare originated in Europe in the 1960s as an innovative way to expand travel choices. Instead of booking one or two weeks at the same resort year after year, or instead of purchasing a vacation property, timeshare offers travelers the opportunity to purchase ownership for one or more weeks each year for a significant limited or indefinite period of years. Thus, vacationing in a house has become a reality for millions of people for whom purchasing real estate was beyond their means.

Having bought time for vacation, you can use it yourself, let friends and relatives use it, or rent it out. But while there was complete flexibility in who enjoyed holidays, there was initially a lack of flexibility in when and where holidays could be taken. The needs of the owners led to the emergence and growth of exchange systems, and then, more recently, the points system. This allowed owners to exchange their timeshare weeks either for another week at their resort or for weeks at another resort within an exchange system that includes more than 5,400 resorts in more than 90 countries. Exchange companies often provide members with related services - air tickets, car rentals, insurance, etc. - at competitive prices.

In the 1960s, with the advent of timeshare, the right of periodic occupancy was established in relation to one specific accommodation facility, for example, a hotel room, which could be used during a certain period of each year. Then companies were established, the largest of which are the American companies RCI and Interval International, which provided services for the exchange of equivalent periodic residence rights in relation to different accommodation facilities (we are talking about a one-time replacement for a certain period of rest with a subsequent return to the original position). Then clubs appeared that provided their members with residence rights with characteristics that implied user choice (the type of apartment and general period during which the user could select specific days for vacation (for example, apartment T1 in the “high” season). Finally, clubs arose in which the user purchased a certain number of points, credit points, which were the club’s internal units of account and, taking into account the quotes used by the club, could each time order the level of apartment, duration of accommodation and season within the number of units of account purchased. In the latter case, neither the characteristics of the accommodation facilities nor the length of stay are initially determined. The variety of timeshare modifications with the assignment of different names to them (club vacation, vacation ownership system) creates a misconception about the conceptual difference of these modifications from the previously emerged timeshare.

Historically determined differences in the content of the legal categories of the states where the majority of timeshare properties are located (primarily, differences between the legislation of the states of the Anglo-American and continental legal systems in relation to such a category as “property”, often used in relation to the right of periodic residence), do not contribute the formation of a universal concept of timeshare rights, equally suitable for continental and common system rights. In common law states, timeshare purchasers are owners of the property when their right of periodic occupancy is based on the leasehold estate (lease) or is implied by their position as beneficiaries in establishing a trust for the timeshare property. In both cases, timeshare purchasers have a limited period of ownership of the timeshare property. Such a right, from the standpoint of the continental system of law, is not property.

Consequently, due to the differences between the continental and Anglo-American systems of law, the existence within each system of timeshare rights that are diverse in nature, it is quite difficult to reveal the concept of timeshare rights that are suitable for all states. In any case, when calling the right of periodic residence property, it is necessary to clarify in accordance with the legal order of which state it was established.

For the purpose of legislative regulation of timeshare legal relations, it is proposed to distinguish between different aspects of the phenomenon, which is now designated by the single concept of “timeshare”. To define a special type of business activity in the field of tourism, the concept of “timeshare activity” is most suitable. A method of operating accommodation facilities related to the tourism industry, in which operators (timeshare users) are granted the right to periodically reside in accommodation facilities (resort real estate), the right to use common areas and amenities of accommodation facilities during their stay in accordance with their intended purpose, it is preferable to call "timeshare operation". It is logical to call the subjective rights of users to resort real estate and hotel-type services in a vacation spot “timeshare rights.” If we mean contracts, as a result of which the purchasers receive rights to resort real estate and hotel-type services in a vacation spot, then it is more correct to talk about contracts for the acquisition of timeshare rights.

The Russian market is characterized by a pluralistic concept of regulation, allowing the existence of the right of periodic residence various types. Among these types are the following:

the right of periodic residence within the framework of common shared ownership (the main advantage here is the absence of the risk of termination of the right of periodic residence due to the liquidation of the debtor);

the right of periodic residence as a new type of limited property right;

the right of periodic residence as an obligation. In this case, conditions are necessary that reduce the risk of impossibility of using the right for reasons beyond the control of the timeshare acquirer. Such conditions include the following: the owner of the property must be the obligated person to the timeshare purchaser; the periodic occupancy right must encumber the timeshare property; timeshare purchasers should be given the right to exercise control over the transactions of the organization that owns the timeshare property in order to prevent transactions that may violate their rights.

As a special type of existence of the obligatory right of periodic residence, a model is recommended in which the timeshare purchaser is a shareholder of the OJSC owner of the timeshare real estate. Here, obligatory timeshare rights will follow from the agreement concluded between the OJSC and each timeshare acquirer; however, additional stability will be given to the position of the timeshare acquirer by his status as a shareholder and the rights granted to the shareholder by the legislation on joint stock companies.

Periodic residence is provided only as an obligation arising from the conclusion of a contract for a club holiday between the buyer (consumer), on the one hand, and the holiday club or seller, on the other hand. There are no serious guarantees of the rights of timeshare purchasers in the bill, therefore, if this approach is maintained, there are great opportunities for abuse by unscrupulous businessmen, since the activities of the club are uncontrolled.

The variety of forms promotes competition, as a result of which the most viable models will remain on the market. At the same time, regulation of each model must include guarantees of the rights of timeshare purchasers.

Conclusion

In Russian literature, the concept of “timeshare” is used in different meanings. Timeshare is often called:

) one of the types of entrepreneurial activity in the field of tourism;

) subjective rights of users to resort real estate and hotel-type services in a vacation spot;

) the method of operating the resort property on a periodic basis among a limited number of users; 4) an agreement concluded between the timeshare acquirer and an organization that helps the acquirer obtain timeshare rights.

Also often used as timeshare are the concepts of “club vacation”, “vacation ownership”, “vacation ownership system”, which, on the one hand, try to distance themselves from timeshare (without offering clear criteria for such a division), and on the other hand, they use it as synonyms.

A number of reasons - objective and subjective - determine the existing uncertainty of the concept of timeshare: the desire of professional market participants to dissociate themselves from a name that is discredited in the eyes of consumers and the conscious introduction of its numerous synonyms; polysemy of the concept of timeshare.

The complex of timeshare operations is based on the principle of periodic residence and on this basis, all manifestations of the use of accommodation facilities on a periodic basis among a limited number of users, when the latter use the resort property for several days annually for a period of 3 years or more, should be considered as a timeshare .

List of used literature

1.Alexandrova A.Yu. International tourism. - M.: Aspect Press, 2009. - 463 p.

.Afonin G.I. Tourism in the system of leisure values // Bulletin of Moskovskogo state university culture and arts. - 2007. - No. 2. - P. 119-121.

.Gavrilchak N.I. Strategic directions for the organization and development of international tourism. - St. Petersburg: Publishing house SPbGASE, 2009.

.Gavrilchak N.I., Vilensky A.E., Sharafanova E.E. Organizational aspects of the use of franchising in managing the development of recreational organizations. - St. Petersburg: Publishing house of St. Petersburg State University of Economics, 2009

.Zelenova E.V. Tourism as a type of sociocultural technologies // SOTIS - social technologies, research. - 2007. - No. 5. - P. 76-82.

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