Law No. (14) of 2020
Concerning
Timeshare Schemes in the Emirate of Dubai[1]
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We, Mohammed bin
Rashid Al Maktoum, Ruler of Dubai,
After perusal of:
Federal Law No. (5) of
1985 Issuing the Civil Code of the United Arab Emirates and its amendments;
Law No. (1) of 1997
Establishing the Department of Tourism and Commerce Marketing and its
amendments;
Law No. (3) of 2003
Establishing the Executive Council of the Emirate of Dubai;
Law No. (9) of 2004
Concerning the Dubai International Financial Centre and its amendments;
Law No. (7) of 2006
Concerning Real Property Registration in the Emirate of Dubai and its
amendments;
Law No. (13) of 2011
Regulating the Conduct of Economic Activities in the Emirate of Dubai and its
amendments;
Law No. (7) of 2013
Concerning the Land Department;
Law No. (6) of 2019
Concerning Ownership of Jointly Owned Real Property in the Emirate of Dubai;
Decree No. (22) of
2009 Concerning Special Development Zones in the Emirate of Dubai;
Decree No. (17) of
2013 Concerning Licensing and Classification of Hotel Establishments in the
Emirate of Dubai;
Executive Council
Resolution No. (2) of 2014 Approving the Tourism Dirham Fee in the Emirate of
Dubai and its amendments; and
The legislation
establishing and regulating free zones in the Emirate of Dubai,
Do hereby issue this
Law.
This Law will be cited as "Law No. (14) of
2020 Concerning Timeshare Schemes in the Emirate of Dubai".
The following words and expressions, wherever
mentioned in this Law, will have the meaning indicated opposite each of them
unless the context implies otherwise:
|
Emirate: |
The Emirate of Dubai. |
|
Executive Council: |
The Executive Council of the Emirate of
Dubai. |
|
DTCM: |
The Department of Tourism and Commerce
Marketing. |
|
Director General: |
The director general of the DTCM. |
|
Accommodation Unit: |
Any unit classified by the DTCM and permitted
by it to be used under a Timeshare Scheme. This includes units within hotels,
resorts, hotel apartments, or any other Hotel Establishment determined by the
DTCM. |
|
Timeshare Contract: |
A contact under which a Timeshare Interval is
sold for a specific financial consideration and under which an Establishment
is obliged to enable a Beneficiary to use the Accommodation Unit specified in
that
contract throughout the Timeshare Interval. |
|
Points-based Contract: |
A contract under which a Beneficiary buys
Points for a specific financial consideration and under which an
Establishment is obliged to enable that Beneficiary to use an Accommodation
Unit for the period specified in the contract or to use any other alternative
Accommodation Unit existing within or outside of the Emirate. |
|
Timeshare Interval: |
A regular period of time specified in a
Timeshare Contract during which the Beneficiary is
entitled to use an Accommodation
Unit throughout the term of the contract. |
|
Activity: |
This includes the sale of Timeshare Intervals; or the sale of
Points, which are exchanged for the
right to use an Accommodation
Unit specified in a Points-based Contract or any other alternative
Accommodation Unit. |
|
Establishment: |
A sole proprietorship or a company licensed
by the Licensing Authority in the Emirate and authorised by the DTCM to
conduct the Activity in the Emirate using Accommodation Units that are owned or
utilised by it. This includes any Real Property Developer or any establishment
responsible for managing Accommodation Units or other Real Property
designated for use under Timeshare Schemes. |
|
Beneficiary: |
A natural or legal person who is entitled to
use an Accommodation Unit pursuant to a Timeshare Contract or a Points-based
Contract. |
|
Timeshare Scheme: |
A scheme under which a Beneficiary is
entitled to: 1.
use an
Accommodation Unit throughout a Timeshare Interval in accordance with the
terms agreed upon in a Timeshare Contract; or 2.
use his Points
or exchange them for the right to use an Accommodation Unit throughout the period specified in a Points-based
Contract and in accordance with agreed-upon terms. |
|
Points: |
An interest that
is owned by a Beneficiary
under a Points-based Contract and that entitles him, throughout the term of the contract, to use the Accommodation
Unit specified in the contract or any other alternative Accommodation Unit
of the Establishment or of the group under which the Establishment operates.
Points will be evaluated based on the season of occupancy; the size, specifications,
and location of the Accommodation Unit; and any other factors agreed upon
in the Points-based Contract. |
|
Permit: |
A document issued by the DTCM authorising an
Establishment to conduct the Activity. |
|
Approval: |
A document issued by the DTCM authorising an
Establishment to use any of its Accommodation Units under a Timeshare Scheme. |
|
Exchange Programme: |
A programme for exchanging Accommodation
Units which is implemented by a corporation or a company licensed by the
competent entity within or outside of the Emirate to provide and operate a
vacation exchange service by designating a specific number of Accommodation
Units for use under Timeshare Schemes in different countries. The programme is
used for the purpose of exchanging
Timeshare Intervals among its members. |
|
Activity Register: |
A register maintained by the DTCM for
registering persons conducting the Activity in the Emirate. |
|
Real Property Register: |
The register
regulated pursuant to the above-mentioned Law No. (7) of 2006 or the Real Property
register of the Dubai International Financial Centre, as the case may be. |
|
Establishment Register: |
A register maintained by an Establishment to register the Timeshare Contracts and Points-based Contracts concluded
between the Establishment and Beneficiaries. |
This Law applies to:
1.
all individuals and
entities conducting the Activity in the Emirate, including in Special
Development Zones and free zones, such as the Dubai International Financial
Centre;
2.
the entities
specialised in developing and operating Exchange Programme services; and
3.
Timeshare Contracts
and Points-based Contracts, where the subject of the contract is an Accommodation Unit
existing within the Emirate.
This Law aims to:
1. regulate the conduct of the Activity in the
Emirate in accordance with the relevant international best practices;
2. promote tourism in the Emirate and encourage
investors to implement various tourist projects;
3. develop the Real Property sector in the Emirate
and encourage investors to implement various Real Property projects;
4. provide the guarantees required for the
protection of consumers in Timeshare Schemes in the Emirate; and
5. offer tourists suitable options and encourage
them to spend holidays and vacations in the Emirate, in a manner that meets their needs and suits
their financial means.
The DTCM is the competent entity in the Emirate
in charge of regulating and overseeing the Activity. For this purpose, the DTCM
will have the duties and powers to:
1.
prescribe, in accordance with relevant international
best practices, the conditions, requirements, and technical standards that must
be met by an Establishment wishing to conduct the Activity in the Emirate;
2.
prescribe, in
accordance with relevant international best practices, the conditions and
requirements that must be met, and the procedures that must be followed, for obtaining and renewing Permits and Approvals;
3.
prescribe, in
accordance with relevant international best practices, the conditions,
requirements, and technical standards that must be met by Accommodation Units;
4.
determine
applications for obtaining or renewing Permits and Approvals, in accordance with the
conditions, requirements, technical standards, and procedures stipulated in
this Law and the resolutions issued in pursuance hereof;
5.
identify and
classify Accommodation Units in the Emirate in accordance with the standards
adopted by the DTCM in this respect;
6.
coordinate with the
Land Department and the Dubai International Financial Centre on all matters related to Developers and Real
Property Brokers conducting the Activity and to the registration of the rights
to utilise Timeshare Intervals pertaining to Accommodation Units in the Real
Property Register, in accordance with the relevant rules and procedures adopted
by the Land Department and the Dubai International Financial Centre;
7.
monitor and inspect
Establishments to verify their compliance with the provisions of this Law and
the resolutions issued in pursuance hereof;
8.
receive,
investigate, and take the necessary action in respect of complaints filed
against Establishments, or against any individual or entity conducting the
Activity in the Emirate without a Permit or Approval;
9.
take the measures
stipulated in this Law and the resolutions issued in pursuance hereof against
violators;
10. create a database of the Establishments engaged
in operating Timeshare Schemes, and of the Accommodation
Units existing in the Emirate;
11. determine the form of, and the essential
information that must be entered in, the Activity Register created pursuant to
this Law;
12. determine the form of, and the details that
must be entered in, the Establishment Register, as determined by the DTCM in this respect;
13. prescribe the basic requirements that must be
met by the Timeshare Contracts and Points-based Contracts concluded
by the Establishments operating in the
Emirate;
14. prescribe the requirements, conditions, and
rules for marketing, advertising, or publicising the
Points or Timeshare Intervals pertaining
to Accommodation Units existing in the
Emirate;
15. prescribe the requirements and conditions that
must be met by the contracts related to the Exchange Programmes implemented by
the Establishments engaged in operating Timeshare Schemes in the Emirate;
16. prescribe the requirements and conditions that
must be met by the sale contracts of the Accommodation Units of Establishments
existing in the Emirate;
17. prescribe the requirements and conditions for
transferring the rights of a Beneficiary in a Timeshare Interval, or transferring his Points, to another Beneficiary; and
18. exercise any other duties or powers required
for the achievement of the objectives of this Law.
b. No
Establishment may establish a branch in the Emirate without first obtaining the
relevant permission from the DTCM.
c. No
Establishment may designate any of its Accommodation Units existing in the
Emirate for use under a Timeshare Scheme without first obtaining the relevant
Approval from the DTCM. This Approval will be issued in accordance with the
conditions, requirements, and procedures adopted in this respect.
d.
The Activity will be conducted using
the Accommodation Units approved by the DTCM to be used under Timeshare Schemes
in accordance with the conditions, requirements, and procedures adopted in this
respect.
No
entity may market, publicise, or advertise, in any form or way whatsoever
within or outside of the Emirate, any Points or Timeshare Intervals pertaining
to Accommodation Units without obtaining the relevant authorisation from the
DTCM. This authorisation will be issued in accordance with the rules,
conditions, and requirements prescribed by the relevant resolution issued by
the Director General.
A register (the “Activity Register”)
will be created by the DTCM in which the following will be recorded:
1.
the Establishments
authorised to conduct the Activity in the Emirate;
2.
the Accommodation Units designated for use under Timeshare Schemes in
the Emirate; and
3.
the Establishments
authorised to market, publicise, and advertise Timeshare Schemes in the
Emirate.
The conditions, requirements, and procedures
for issuing and renewing Permits and Approvals will be determined pursuant to the relevant resolution issued by the Director General.
a.
A Permit or an Approval will be valid for a term of one
(1) year, renewable for the same period. The DTCM may, upon the request of an
Establishment, approve that the term of the Permit or the Approval be for more than one (1) year,
up to four (4) years.
b.
An Establishment
must renew its Permit or Approval at least thirty (30) days prior to the date of its
expiry. The Permit or Approval will be renewed in accordance with
the conditions, requirements, and procedures adopted in this respect.
a.
Accommodation Units
will be classified into categories based on the specifications and standards adopted pursuant
to the relevant resolution issued by the
Director General.
b.
The DTCM may upgrade
or downgrade the classification of an Accommodation Unit in accordance with the
relevant classification standards and based on compliance by the Establishment
with the provisions of this Law, the resolutions issued in pursuance hereof,
and any other standards deemed appropriate by the DTCM.
An Establishment must:
1.
comply with the
legislation in force in the Emirate;
2.
conduct the Activity
only using the Accommodation Units approved and classified by the DTCM;
3.
maintain records that contain all information related to
Timeshare Contacts and Points-based Contracts; keep these
records for the period
prescribed by the DTCM; and make them accessible to the competent DTCM
employees;
4.
subscribe to the
electronic programme allocated by the DTCM for the Establishment;
5.
provide
Beneficiaries with accurate and complete information on Accommodation Units and
their classification categories;
6.
respond to all the
complaints referred to it by the DTCM within the prescribed time frames;
7.
not act as a broker between Beneficiaries and any
entity which is not authorised by the DTCM to conduct the Activity;
8.
comply with the
security, public health and safety, and environmental requirements and standards approved by the
competent entities in the Emirate;
9.
perform its
obligations under Timeshare Contracts and Points-based Contracts;
10. perform the required periodic maintenance of
Accommodation Units, including replacement and renovation of furniture and interior and exterior fittings,
in accordance with the criteria and standards adopted by the DTCM in this
respect;
11. insure Accommodation Units under comprehensive
insurance against all potential risks and damages, including natural risks. This insurance must be provided in accordance with
the rules and requirements adopted pursuant to the
relevant resolution issued
by the Director General;
12. ensure that Accommodation Units
are not used under Timeshare Schemes for a sufficient period
every year for the purpose of conducting
maintenance works, including replacement and renovation of furniture and interior and exterior fittings;
13. pay the charges and fees prescribed in
respect of Accommodation Units
located within the Jointly Owned Real Property regulated pursuant to the
above-mentioned Law No. (6) of 2019;
14. not charge the Beneficiary any fees or
other amounts that are not stipulated in the Timeshare Contract or Points-based Contract
concluded with him;
15. provide the Accommodation Units with
electricity, water, and internet services without charging Beneficiaries
additional costs;
16. provide
defect warranty that covers all defects that may
preclude or diminish the use of Accommodation Units. Any agreement that
provides for exemption from this warranty obligation will be null and void;
17. take the necessary action to register Timeshare
Contracts in the Real Property Register;
18. register Timeshare Contracts and Points-based
Contracts in the Establishment Register;
19. where the Accommodation Unit is located within Jointly
Owned Real Property that is regulated pursuant to the above-mentioned Law No.
(6) of 2019, comply with the Master Community Declaration to the extent that
this compliance does not conflict with the requirements, conditions, and
procedures prescribed for issuing and renewing Permits and Approvals pursuant to this Law and the
resolutions issued in pursuance hereof; and
20. comply with any other obligations prescribed by
the DTCM pursuant to the resolutions issued by the Director General in this
respect.
a.
An Establishment
must enable Beneficiaries to enjoy a quiet and uninterrupted stay in the
Accommodation Units and to use Common Facilities. In addition, the
Establishment must provide Beneficiaries with the necessary services throughout
their stay according to the service levels agreed upon under the Timeshare Contract or
Points-based Contract, and the standards and requirements adopted by the DTCM in this
respect.
b.
Where an
Establishment does not have the technical resources required
to provide Beneficiaries with the
services referred to in paragraph (a) of this Article, it may contract with a company
specialised in
this field to provide these services.
a.
On the date
specified in the Timeshare Contract, the Establishment must hand over the Accommodation
Unit to the Beneficiary to use it during the Timeshare Interval
specified in that contract. The Accommodation
Unit must be handed over in a suitable condition that allows
using it as intended
for its prescribed purposes.
b.
The Accommodation Unit will be
handed over to the Beneficiary, pursuant to paragraph (a) of this Article, free from any hindrances
precluding the use thereof. The Beneficiary will
have uninterrupted possession over the Accommodation Unit until the end of his Timeshare Interval.
c.
The Establishment
must hand over the Accommodation Unit to the Beneficiary in accordance with the terms agreed
upon in the Points-based
Contract in a suitable condition that allows
using it as intended and
for its prescribed purposes.
d.
In handing over an
Accommodation Unit to the Beneficiary in accordance with the provisions of this
Article, the terms and conditions stipulated in the Timeshare Contract or the
Points-based Contract will apply unless these terms and conditions are unfair
to the Beneficiary
and preclude him from using the
Accommodation Unit.
A Beneficiary must:
1.
comply with the
terms of the Timeshare Contract and the Points-based Contract, and
in particular:
a.
pay the
Establishment the financial consideration prescribed for using the
Accommodation Unit, on the dates agreed upon in the contract;
b.
maintain the
Accommodation Unit in a good condition throughout the period allotted for using
it; and
c.
use the
Accommodation Unit for its intended purpose;
2.
surrender, at the
end of the Timeshare Interval or the period specified in the Points-based
Contract, the Accommodation Unit to the Establishment in the same condition in
which the Beneficiary received it;
3.
not make any
improvements, or add any structures, to the Accommodation Unit without first obtaining
the relevant approval from the Establishment;
4.
not perform any act
that may cause damage to the Accommodation Unit or impairment
of its value, or that may limit its use in
any way or manner whatsoever; and
5.
comply with any
other obligations determined by the DTCM pursuant to the resolutions issued by
the Director General in this respect.
a.
To be deemed valid,
a Timeshare Contract or a Points-based Contract must
meet the following conditions:
1.
It must be concluded in writing and signed by the Establishment. Upon
signing the contract, a copy thereof
must be delivered to the Beneficiary.
2.
It must specify the names and identification details of
the parties thereto, the date and place of its execution, its term, the financial consideration for using the relevant
Accommodation Unit, and the obligations of the parties.
3.
It must stipulate that the Beneficiary be entitled to
withdraw from the contract within the period prescribed in Article (17) of this
Law.
4.
The subject of the contract
must be an Accommodation
Unit approved and classified by the DTCM.
5.
In case of a Timeshare
Contract, it must be registered in the
Real Property Register upon the lapse of the withdrawal period prescribed in Article
(17) of this Law.
6.
It must meet any other conditions determined pursuant to the relevant resolution
issued by the Director General.
b.
Failure to meet any
of the conditions prescribed in paragraph (a) of this Article will render the
Timeshare Contract or the Points-based Contract null
and void.
a.
A Beneficiary will be entitled to withdraw from a Timeshare Contract
or a Points-based Contract, without giving any reason, within ten (10) days
from the date of receiving the signed copy of the contract.
Nevertheless, the parties may agree to a longer withdrawal period.
b.
The Beneficiary must
notify the Establishment of his withdrawal from the Timeshare Contract or
Points-based Contract by means of a written notice sent by registered mail or email to the Establishment's
address set
forth in the contract, or by any other means
stipulated in the contract.
c.
The Beneficiary will
not incur any charges or financial liabilities due to his withdrawal
from the Timeshare Contract or Points-based Contract.
a.
A Beneficiary will
be entitled to unilaterally terminate a Timeshare Contract or a Points-based
Contract within one (1) year from the date of concluding the contract in any of
the following cases:
1.
where the
Establishment has been conducting the Activity without a Permit or Approval from the DTCM at the time of
concluding the contract;
2.
where the contract
does not include the essential information prescribed by this Law and the
resolutions issued in pursuance hereof;
3.
where the
Establishment fails to deliver a signed copy of the contract to the
Beneficiary;
4.
where the
Establishment fails to register the Points-based Contract in the Establishment
Register; or
5.
where the
Establishment fails to take the necessary action to register the Timeshare Contract in
the Real Property Register.
b.
The Beneficiary will
receive compensation for the
termination
in the amount agreed upon by the parties. Where the parties fail to
reach an agreement, the Beneficiary will be entitled to resort to the competent
court to determine the amount of compensation.
The parties may agree that the Beneficiary pays
certain amounts during the withdrawal period of
the Timeshare Contract or Points-based
Contract, in accordance with the conditions and requirements determined
pursuant to the relevant resolution issued by the Director General.
Any agreement or provision, in a Timeshare Contract or a Points-based
Contract,
that would
prejudice the Beneficiary’s rights under this Law and the resolutions issued in
pursuance hereof, or that would exempt the Establishment from its obligations under the contract, will be null and void.
Where the subject of a Timeshare Contract is Real Property, the
rights arising from the contract and all other rights in the Timeshare Interval pertaining to the relevant
Accommodation Unit will be registered in the Real Property Register upon the lapse of the withdrawal period stipulated in article
(17) of this Law. Any disposition transferring or restricting the ownership of
a Timeshare Interval will be null and void unless it is registered in the Real
Property Register.
a.
An Establishment may
not disturb the Beneficiary's enjoyment of the Accommodation Unit
in any manner that limits the use of the same during his Timeshare Interval, and may not make any change to the
Accommodation Unit that may preclude the Beneficiary from using it
or prejudice the use
of the same for its
intended purposes.
b.
The above obligation
of the Establishment is not limited to its own acts and the acts of its
subordinates. This obligation extends to include any disturbance or damage
caused by any person who receives any right related to the Accommodation Unit
from the Establishment.
c.
Where the
disturbance of enjoyment referred to in paragraph (a) of this Article results
in preventing the Beneficiary from using the Accommodation Unit during his
Timeshare Interval in accordance with the Timeshare Contract, the Beneficiary
may apply to the competent court for termination of the Timeshare Contract or
reduction of the financial consideration for the Timeshare Interval, and for
compensation for any damage sustained by him. The Establishment will have
recourse against the person responsible for that damage.
d.
Any agreement providing
for the mitigation of, or exemption from, the non-disturbance obligation stipulated in this Article will be
null and void where the Establishment has fraudulently concealed
the grounds for that obligation.
a.
A Beneficiary may,
at least forty-five (45) days prior to the
date scheduled for commencement of his
Timeshare Interval, request the Establishment to carry over that Timeshare Interval for up to two (2) years.
b.
A Beneficiary who
fails to exercise his right under paragraph (a) of this Article within the time frame stipulated
therein, or fails to pay the financial consideration prescribed in the Timeshare Contract, will
forfeit his right to carry over his Timeshare Interval.
a.
A Beneficiary may
assign,
in part or in whole, his Timeshare Interval to third parties, provided that he notifies the Establishment in
writing of the assignment prior to the date scheduled for
commencement of that Timeshare Interval
as agreed upon in the Timeshare Contract.
b.
The Establishment
will have the right to hold the Beneficiary and the assignee jointly liable for any
breach of the Timeshare Contract and for any damage that may be caused to the
Accommodation Unit during the assignment
period.
a.
The rights of a Beneficiary under a Timeshare Contract
will be transferred to any person to whom the Beneficiary assigns
these rights during his
lifetime, whether with or without consideration, provided that the Beneficiary
notifies the Establishment of this assignment in writing. These
rights of the Beneficiary will
be transferred to his heirs after his
death unless they request the termination of the Timeshare Contract.
b.
Where the rights of a Beneficiary are transferred as stipulated
in paragraph (a) of this Article, the Establishment must register the transferred
rights in the Real Property Register.
a.
Timeshare Intervals
will be exchanged among the Beneficiaries subscribed to Exchange Programmes
through specialised corporations and companies. Timeshare Intervals will be
exchanged for other Timeshare Intervals, which fall within the same periods or
any other periods, whether pertaining to the same Accommodation Unit or other
similar Accommodation Units within or outside of the Emirate.
b.
A Beneficiary
subscribed to an Exchange Programme will be entitled to exchange his Timeshare
Interval with any other Beneficiary subject to notifying the Establishment of
the same prior to the date of commencement of the Timeshare Interval assigned
to him under the Timeshare Contract.
c.
Upon payment by the
Beneficiary of all financial obligations owed in respect of the exchange, the
Establishment must complete the exchange process.
The Dubai Courts and the Dubai International
Financial Centre Courts will have the jurisdiction to hear and determine all
disputes related to Timeshare Contracts or Points-based Contracts concluded in
respect of the Accommodation Units that are within their respective
jurisdictions.
In return for issuing Permits and Approvals, and providing services under
this Law and the resolutions issued in pursuance hereof, the DTCM will collect the fees prescribed by the
relevant resolution of the
Chairman of the Executive Council.
The provisions of the above-mentioned Executive
Council Resolution No. (2) of 2014 will apply to Establishments and
Beneficiaries.
a.
Without prejudice to
any stricter penalty stipulated in any other legislation, a person who violates
the provisions of this Law and the resolutions issued in pursuance hereof will
be punished by a fine of not less than one hundred dirhams (AED 100.00). Upon
repetition of the same violation within one (1) year from the date of the
previous violation, the amount of the fine will be doubled. A fine must not
exceed one million dirhams (AED 1,000,000.00).
b.
The Chairman of the
Executive Council will determine, pursuant to a resolution issued by him in
this regard, the prohibited acts and the fines to be imposed on the
perpetrators of these acts.
c.
In addition to the
penalty of a fine referred to in paragraph (a) of this Article, the DTCM may
take any the following measures against a violator:
1.
suspending the
Activity of the Establishment for a period not exceeding six (6) months; or
2.
revoking the Permit or Approval, as the case may be.
d.
Upon the request of an Establishment whose Permit or Approval is revoked, the DTCM may issue a
new Permit
or Approval to that Establishment one (1) year after the date of revocation of
the original Permit or Approval. The new Permit or Approval will be issued in accordance with
the procedures and rules stipulated under the relevant resolution issued by the Director
General.
The DTCM employees nominated pursuant to a
resolution of the Director General will have the capacity of law enforcement
officers to record the acts committed in breach of the provisions of this Law
and the resolutions issued in pursuance hereof. For this purpose, they may
inspect any Establishment,
or its Accommodation Units and facilities;
access any records or documents in the possession of the Establishment; and
issue the necessary violation reports in this respect.
Any affected party may submit to the Director
General a written grievance against any decision, procedure, or measure taken
against him in accordance with this Law and the resolutions issued in pursuance
hereof, within thirty (30) days from the date of being notified of the
contested decision, procedure, or measure. The grievance will be determined,
within thirty (30) days of its submission, by a committee formed by the
Director General for this purpose; and the decision issued by the committee on
the grievance will be final.
For the purposes of performing the duties and functions assigned to it under this Law and the
resolutions issued in pursuance hereof, the DTCM may seek assistance from
Government entities in the Emirate, including police personnel. Upon request, these entities must provide support and assistance
to the DTCM as soon as practicable.
The DTCM will not be liable to third parties
for any damage they may sustain as a result of entering into contracts with
Establishments.
All individuals, entities, and Establishments engaged
in operating Timeshare Schemes in the Emirate by the effective date of this Law
must comply with its provisions within six (6) months from that effective date.
The Director General may, where necessary, extend this grace period for the
same period.
a.
The provisions of
this Law will apply without prejudice to the Timeshare Contracts and
Points-based Contracts concluded before its effective date whether or not the
Accommodation Units in respect of which these contracts are concluded are
located within Hotel Establishments. These contracts will continue to be valid
until their expiry or until the termination thereof by either party or pursuant
to a court judgment.
b.
The relationship
between the parties to the contracts referred to in paragraph (a) of this Article
will be regulated pursuant to the provisions of these contracts. The provisions of this Law and the
resolutions issued in pursuance hereof will apply to all matters on which these contracts are silent.
c.
The DTCM will be
responsible for supervising the implementation of the contracts referred to in
paragraph (a) of this Article to the extent permitted by the provisions of these contracts.
d.
The parties to the
contracts referred to in paragraph (a) of this Article will be governed by the
provisions stipulated in this Law and the resolutions issued in pursuance
hereof in relation to the registration of contracts, Permits to conduct the
Activity, obligations of Establishments and Beneficiaries, and collection of
the Tourism Dirham Fee.
With the exception of the resolutions which the
Chairman of the Executive Council is authorised to issue under this Law, the
Director General will issue the resolutions required for implementing the
provisions of this Law.
Any provision in any other legislation will be repealed to the
extent that it contradicts the provisions of this Law.
This Law will be published in the Official
Gazette and will come into force three (6) months after the date of its
publication.
Mohammed bin Rashid
Al Maktoum
Ruler of Dubai
Issued in Dubai on 24 November 2020
Corresponding to 9 Rabi al-Thani 1442 A.H.
©2020 The Supreme Legislation Committee in the
Emirate of Dubai
[1]Every effort has been made to produce an
accurate and complete English version of this legislation. However, for the
purpose of its interpretation and application, reference must be made to the
original Arabic text. In case of conflict, the Arabic text will prevail.