Administrative Resolution No. (74) of 2023
Issuing
the Implementing Bylaw of Law No. (14) of 2020
Concerning
Timeshare Schemes in the Emirate of Dubai[1]
The Director General of the Department of Economy
and Tourism,
After
perusal of:
Law
No. (7) of 2006 Concerning Real Property Registration in the Emirate of Dubai
and its amendments;
Law
No. (7) of 2013 Concerning the Land Department;
Law
No. (14) of 2020 Concerning Timeshare Schemes in the Emirate of Dubai;
Law
No. (5) of 2021 Concerning the Dubai International Financial Centre;
Law
No. (20) of 2021 Establishing the Department of Economy and Tourism 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;
Executive
Council Resolution No. (6) of 2023 Approving the Fees and Fines Prescribed for
Timeshare Schemes in the Emirate of Dubai; and
Administrative
Resolution No. (1) of 2018 Concerning the Application of Hotel Establishment
Classification Criteria in the Emirate of Dubai,
Does
hereby issue this Resolution.
The
following words and expressions, wherever mentioned in this Resolution, will
have the meaning indicated opposite each of them unless the context implies
otherwise:
|
UAE: |
The
United Arab Emirates. |
|
Emirate: |
The
Emirate of Dubai. |
|
DET: |
The
Department of Economy and Tourism. |
|
Law: |
Law
No. (14) of 2020 Concerning Timeshare Schemes in the Emirate of Dubai. |
|
Director General: |
The
director general of the DET. |
|
Accommodation Unit: |
Any
unit classified by the DET 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 DET. |
|
Timeshare Contract: |
A
contract 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 DET
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 DET authorising an Establishment to conduct the
Activity. |
|
Approval: |
A
document issued by the DET 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. |
|
Real Property Register: |
This
includes the register regulated pursuant to the above-mentioned Law No. (7)
of 2006, and the Real Property register of the Dubai International Financial
Centre, as the case may be. |
|
Activity Register: |
A
register maintained by the DET for registering the persons
conducting the Activity; the Accommodation Units; and the Establishments
authorised to market, publicise, and advertise Timeshare Schemes in the
Emirate. |
|
Establishment Register: |
A
register maintained by an Establishment to register the Timeshare Contracts
and Points-based Contracts concluded between the Establishment and
Beneficiaries. |
|
Electronic Portal: |
The
electronic platform hosted by the DET,
or by any other entity approved by the DET,
through which applications for Permits and Approvals, and any other services
stated in this Resolution, are received. |
A Permit
will be issued subject to the following requirements and procedures:
1.
A Permit application will be submitted, through
the Electronic Portal, on the form prescribed by the DET
for this purpose, supported by the following documents:
a.
a copy of
the passport or Emirates Identity Card of the applicant or his legal representative;
b.
a copy of the commercial
licence issued by the concerned commercial licensing authority to the
Establishment that will conduct the Activity; and
c.
audited financial data or financial statements
for the last three (3) years, indicating the
total assets and net profits of the Permit applicant.
2. A
Permit applicant must have at least three (3) years’ experience in any of the following fields:
a.
Timeshare business or management;
b. Hotel
Establishment operation or management; or
c. investment
in Hotel
Establishments or Timeshare Schemes.
3.
The DET
will consider the Permit application, and verify that it meets all relevant
requirements and is accompanied by all required documents. For this purpose, the DET
may conduct field visits and request any additional documents, information, or
data it deems necessary.
4.
Where the Permit application meets all prescribed
conditions and requirements, and upon payment by the applicant of the
prescribed fees, the DET will issue the Permit and register the
Establishment in the Activity Register.
5.
Where the Permit application is rejected, the DET
will notify the applicant of the reasons for rejection. The Permit applicant
may submit
another application to the DET after redressing the causes of
rejection.
An
Establishment may, pursuant to an authorisation by the DET,
establish a branch in the Emirate. The authorisation will be issued in
accordance with the requirements and procedures stipulated in Article (2)
hereof.
An Approval
will be issued subject to the following requirements and procedures:
1.
An Approval application will be submitted, through
the Electronic Portal, on the form prescribed by the DET
for this purpose, supported by the following documents:
a.
the form approved by the DET
for the type
of the Building housing the Accommodation Unit. The form must include:
I.
the
details of the owner of the Building or Hotel
Establishment housing the Accommodation Unit;
II.
the details of the Building or Hotel Establishment housing the Accommodation Unit;
III.
the
details of the Accommodation Unit;
IV.
the number of intervals during which the
Accommodation Unit is to be used for conducting the Activity in a year. Each
interval may not be less than a week;
V.
the period during which the Accommodation Unit is
intended to be used for conducting the Activity;
VI.
the scope of the Beneficiaries' use of the
Accommodation Unit under the Timeshare Contract or Points-based Contract;
VII.
a declaration that the owner of the Building or
Hotel Establishment consents to the use of the Accommodation Unit for
conducting the Activity and to the registration of the rights to utilise the
Timeshare Intervals pertaining to that Accommodation Unit in the Real Property
Register; and that the owner does not object to the concerned government
entities creating an entry in the registry of the title deed of the Real
Property or Hotel Establishment to denote that it houses Accommodation Units
designated for the Activity; and
VIII.a
declaration that the Accommodation Unit is free from any defects and is not
subject to any right, legal claim, or mortgage that may affect its use by the
Beneficiary; and an undertaking that any such defect, right, legal claim, or
mortgage will be addressed and settled prior to concluding the Timeshare
Contract or Points-based Contract;
b.
a copy of the title deed of the Real Property
housing the Accommodation Unit;
c.
a copy of the passport or Emirates Identity Card
of the owner of the Building or the authorised representative of the Hotel
Establishment housing the Accommodation Unit; and
d.
a copy of the commercial licence of the Hotel
Establishment housing the Accommodation Unit.
2.
The Hotel Establishment housing
the Accommodation Unit must have a valid licence from the DET.
3.
The term of the Timeshare Contracts or
Points-based Contracts concluded with the Beneficiaries
must not extend beyond the term of the contracts concluded between the
Establishment and the Hotel Establishment.
4.
Copies of any Timeshare Contracts or Points-based
Contracts concluded between
the Beneficiaries and the Establishment prior to the effective date of the Law
must be submitted.
5.
A copy of the insurance policy of the
Accommodation Unit must be submitted, in accordance with the requirements and
rules prescribed by Article (5) of this Resolution.
6.
The DET
will consider the Approval application and verify that it meets all relevant requirements
and is accompanied by all required documents. The DET
may, for this purpose, conduct field visits; request any additional documents,
data, or information it deems necessary; and request the immediate remedy of
any defects or deficiencies discovered in the Accommodation Unit.
7.
Upon approving the Approval application and
collecting the prescribed fees, the DET
will record the Accommodation Unit in the Activity Register and notify the Land
Department or the Dubai International Financial Centre, as the case may be, of
the details of this unit in order to register the right to
utilise the Timeshare Intervals of the Accommodation Unit in the Real Property
Register as per the Timeshare Contract, and to create an entry on registry of
the title deed of the Real Property or the Hotel Establishment to denote that
it houses an Accommodation Unit used for conducting the Activity.
8.
Where the Approval application is rejected, the DET
will notify the applicant of the reasons for rejection. The applicant may
submit to the DET another application for Approval after redressing the causes
of rejection.
a.
An Establishment must submit an insurance policy
in respect of each Accommodation Unit in accordance with the following requirements
and rules:
1.
The insurance policy must be issued by an
insurance company licensed to operate in the UAE.
2.
The Accommodation Unit must be insured under a
comprehensive insurance policy covering all damage and risks that may affect
the unit or the Beneficiaries occupying it.
3.
The insurance policy must be valid throughout the
term of the Approval issued in respect of the Accommodation Unit, and must be
presented to the DET upon request.
b.
The submission of an insurance policy in respect
of the Accommodation Unit under paragraph (a) of this Article will not be
required in case the unit is housed within
a Hotel Establishment that is insured under a comprehensive insurance policy.
The
following procedures will apply when issuing a marketing, publicity, or
advertising authorisation for any Points or Timeshare Intervals pertaining to
an Accommodation Unit:
1.
An authorisation application will be submitted,
through the Electronic Portal, on the form prescribed by the DET
for this purpose, supported by the following documents:
a.
a copy of the Permit;
b.
a copy of the commercial licence of the
establishment that will market, publicise, or advertise the Points or Timeshare
Intervals pertaining to the Accommodation Unit;
c.
a copy of the valid passport or Emirates Identity
Card of the owner or manager, or his legal representative, of the establishment
that will market, publicise, or advertise the Points or Timeshare Intervals
pertaining to the Accommodation Unit; and
d.
a copy of the contract concluded between the
Establishment and the establishment that will market, publicise, or advertise
the Points or Timeshare Intervals pertaining to the Accommodation Unit.
2.
The DET
will consider the application, and verify that it meets all the prescribed
conditions and requirements, and is accompanied by all required documents. For
this purpose, the DET may request any additional documents,
information, or data it deems necessary for determining the application.
3.
Where the authorisation application is approved by
the DET, and upon payment by the applicant of the
prescribed fees, the DET will issue the authorisation and record the same
in the Activity Register.
4.
Where the authorisation application is rejected by
the DET, the DET
will notify the applicant of the reasons for rejection. An authorisation
applicant whose application is rejected may submit another application to the
DET after addressing the reasons for rejection.
An
establishment that is authorised by the DET
to market, publicise, or advertise Points or Timeshare Intervals pertaining to
Accommodation Units must comply with the following conditions and rules:
1.
an Approval to use the Accommodation Units for
conducting the Activity must be obtained; and these units must be classified as
per the relevant requirements approved by the DET;
2.
the marketing, publicity, and advertising must be
undertaken by an establishment authorised to conduct these activities in the
Emirate in accordance with the relevant legislation in force;
3.
the marketing, publicity, or advertising material
must provide a detailed and accurate description of the Accommodation Units and
of the method of using the Points or Timeshare Intervals pertaining to these
units under Points or Time Share Intervals systems;
4.
the Accommodation Units must not be marketed,
publicised, or advertised as investment products;
5.
the advertising or marketing material must clearly
state the total financial consideration required for the use of the
Accommodation Unit and the method of payment of the same. This includes any
payable fees and taxes, or any additional financial costs; their payment
method; and any annual increase of the financial consideration;
6.
the advertising material must clearly state that
the Beneficiary has
the right to withdraw from the Timeshare
Contract or Points-based Contract, without providing
any reason, within ten (10) days from the date of receiving a signed copy of
the contract, unless the parties agree to a longer withdrawal period; and that
the Beneficiary will not incur any liabilities or expenses as a result of that
withdrawal; and
7.
the advertising or marketing material must be
credible and transparent; and must not contain incorrect
or misleading information in respect of the Accommodation Units or their use.
a.
A Permit or Approval will be valid for a term of
one (1) year, renewable for the same period subject to the same conditions and
procedures prescribed for its initial issuance. The application for Permit or
Approval renewal must be submitted to the DET
at least thirty (30) days prior to the date of its expiry.
b.
Notwithstanding the provisions of paragraph (a) of
this Article, the DET may, at the request
of the
Establishment, issue the Permit or Approval for a term of more than
one (1) year, and up to four (4) years, provided that the Establishment pays
the fees prescribed for the whole term of the
Permit or Approval.
a.
Accommodation Units will be classified in
accordance with the standards applicable to the classification of Hotel
Establishments in the Emirate as prescribed by the relevant legislation.
b.
For an Accommodation Unit to be used under a Timeshare
Scheme, it must be housed
within a Hotel Establishment that is classified as
a five-star or four-star hotel
or resort; or classified as
a luxury or deluxe hotel apartment.
c.
The classification standards stipulated in
paragraph (a) of this Article do not apply
to the Accommodation Units in
respect of which Timeshare Contracts and Points-based
Contracts have been concluded prior to the effective date of the Law. The DET
may apply
the relevant
classification standards it deems necessary to these Accommodation Units.
a.
Without prejudice to the relevant functions
of competent entities in the Emirate, an Establishment must not suspend
or cease the Activity without first obtaining the relevant approval of the DET.
This approval will be issued where no valid contracts in
respect of the Accommodation Unit are in place.
b.
An Establishment wishing to suspend or cease the
Activity must submit, through the Electronic Portal, the relevant application
to the DET on the form it prescribes for this purpose,
supported by the necessary documents, including a proof that no valid contracts
or reservations in respect of Accommodation Units are in place.
The DET
may suspend the Activity of an Establishment for a period not exceeding six (6)
months, or revoke a
Permit or Approval, in any of the following cases:
1.
Where any of the provisions of the Law or the
resolutions issued in pursuance thereof are violated;
2.
where the Permit or Approval is not renewed within
the time limits and in accordance with the procedures prescribed by this
Resolution;
3.
where the Accommodation Unit ceases to meet the
Approval requirements or classification standards;
4.
where the Accommodation Unit becomes out of order
and unusable as per
the reservations made under contracts
with the Beneficiaries;
5.
where the Accommodation Unit is used for other
than its intended purpose;
6.
where the Accommodation Unit is used for
illegitimate purposes or for
purposes that conflict with public order or public morals;
7.
where the Accommodation Unit becomes the subject
of enforcement of a court judgement;
8.
where the Establishment engages in any activities
that may compromise
the reputation of the Emirate or the UAE;
9.
where the Establishment fails to meet any of its
obligations towards Beneficiaries, or mistreats them, despite being notified by
the DET to address that failure;
10.
in
case of obstruction of the work of the competent DET employees while
inspecting Accommodation Units; or denying them
access to the relevant documents and records; and/ or
11.
in any other cases determined in accordance with
the exigencies of public interest.
a.
Prior to suspending or ceasing the
Activity of an Establishment or revoking its Permit or Approval, the DET
must
apply the following procedures:
1.
The
DET will notify the Establishment of the violation that
warrants the suspension or
cessation of Activity, or
revocation of the Permit or Approval; and will grant the
Establishment an
appropriate grace period to redress or
remedy the violation;
2.
After
the lapse of the grace period prescribed by the DET
for redressing
the violation, the DET will conduct a field inspection of the
Establishment or the Accommodation Unit. Based on the
inspection findings, the
DET may decide not to suspend or cease the Establishment’s Activity
or revoke the Permit or Approval if the
violation is remedied; or proceed with taking any of these measures in case of failure to remedy
the violation.
3.
An
Establishment whose Activity is suspended or ceased, or whose
Permit or Approval is revoked, must inform the DET
in case
of the occupancy of any Accommodation
Unit by
a Beneficiary or existence of any valid
contracts or reservations in
respect of that unit. In this case, the Establishment must
implement the instructions issued by the DET
in respect of these occupancies or reservations, in a manner that preserves
the rights of Beneficiaries.
b.
The procedures stipulated in paragraph (a) of this
Article do
not apply where the public interest requires the immediate suspension or cessation of
the Establishment's
business or revocation of its Permit or Approval.
Where the
Permit or Approval of an Establishment is revoked pursuant to this Resolution,
the Establishment may apply to the DET
for re-issuing the Permit or Approval after the lapse of one (1) year from the
date of revocation. The Permit or Approval will be re-issued subject to the
same conditions and procedures prescribed for initial issuance of Permits or
Approvals.
In
addition to the obligations prescribed by the Law, an Establishment must:
1.
appoint
a manager to manage the Establishment. The manager must:
a.
have full
legal capacity; and
b.
have no less than three (3) years of work
experience in the field of Timeshare or operation and management of Hotel
Establishments.
2.
specify the financial consideration for using the
Accommodation Units, including any fees, taxes, and additional costs. The
consideration must be clearly stated in the contract concluded with the
Beneficiary or in the advertising or marketing material of the Accommodation
Unit;
3.
ensure that any additional costs for using an
Accommodation Unit does not exceed ten percent (10%) of the total financial
consideration prescribed for using that unit. These additional costs may be
increased once every three (3) years but may not exceed fifteen percent (15%)
of the financial consideration;
4.
issue an internal bylaw regulating all matters
related to the management and utilisation of the Accommodation Units used for
conducting the Activity;
5.
maintain a register that contains all information,
documents, and records pertaining to the conduct of the Activity;
6.
provide the DET,
through the Electronic Portal, with the information, documents, and statistics
it requires; and fully cooperate with the employees of the DET
and enable them to access all the contracts and records pertaining to the
conduct of the Activity;
7.
observe integrity, professionalism, courtesy, and
tactfulness in dealing with the Beneficiaries;
8.
designate a twenty-four-seven contact number to
provide support to the Beneficiaries and enable them to report emergencies;
9.
develop, in accordance with the provisions of this
Resolution, a policy for dealing with complaints raised by Beneficiaries
against the Establishment; and display that policy in a prominent place for
easy access by the Beneficiaries;
10.
investigate the complaints raised by Beneficiaries
against the Establishment; take the necessary action concerning these
complaints, and document all relevant information and procedures, including:
a.
date and time of receiving the complaint;
b.
particulars and contact details of the
complainant;
c.
details of the complaint; and
d.
measures taken in respect of the complaint, and
date and time of implementing these measures.
11.
not disclose the Beneficiaries' information to any
party, except to a concerned government entity or competent judicial entity;
12.
provide the DET,
within the time frames it prescribes, with periodic reports on the Points-based
Contracts and Timeshare Contracts recorded in the Establishment Register; and
13.
comply with the resolutions and instructions
issued by the DET.
In addition
to the obligations prescribed by the Law, a Beneficiary must:
1.
notify the Establishment of any change to his contact
details; and
2.
comply
with the instructions concerning the quiet and peaceful enjoyment of
Accommodation Units and use of common facilities of the Hotel Establishment.
Timeshare
Contracts, Points-based Contracts, Exchange Programme contracts, and sale
contracts of Accommodation Units must contain the basic conditions and
information prescribed by the DET for each type of these contracts, as published on
the DET website.
a.
The parties may agree that the Beneficiary makes
an advance payment during the withdrawal period of a Timeshare Contract or
Points-based Contract, subject to the following conditions and requirements:
1.
The advance payment must not exceed ten percent
(10%) of the total financial consideration for using the Accommodation Unit.
2.
The Establishment must refund the advance payment
in full to the Beneficiary if he withdraws from the Timeshare Contract or
Points-based Contract within the prescribed withdrawal period.
b.
The advance payment will be refunded to the
Beneficiary after the lapse of the withdrawal period only in the following
cases:
1.
where the Beneficiary is precluded from using the
Accommodation Unit due to reasons attributable to the Establishment; or
2.
where the specifications of the Accommodation Unit
subject of the contract deviate from the specifications agreed upon by the
parties.
An
Establishment must submit an application, through the Electronic Portal, for
registration of the Timeshare Contract in the Real Property Register and
issuance of a contract registration certificate in the name of the Beneficiary.
The application must be submitted after the lapse of the stipulated withdrawal
period on the form prescribed for this purpose by the Land Department or the
Dubai International Financial Centre, as the case may be. The application must
be accompanied by a written declaration by the Establishment that the Timeshare
Contract meets all the requirements prescribed by the Law, this Resolution, and
the resolution issued in pursuance thereof.
a.
An Establishment must maintain an internal
Activity register in which the following information and documents are entered:
1.
the Permits, together with all relevant documents;
2.
the Approvals,
together with all relevant documents;
3.
the advertising,
publicity, and marketing authorisations, together with all relevant documents;
4.
the Timeshare
Contracts, together with the documents proving their registration in the Real
Property Register and the certificates of registration issued by the Land
Department or the Dubai International Financial Centre, as the case may be;
5.
the Points-based
Contracts;
6.
the Exchange
Programme contracts, if any;
7.
the sale
contracts of the Accommodation Units of the Establishment, if any, attested by
the competent entities;
8.
copies of the valid passports or Emirates Identity
Cards of the Beneficiaries, together with their personal details, including the
name, nationality, address, and contact details within or outside of the UAE;
9.
the details
of Accommodation Units and names of the Hotel Establishment housing these
units;
10.
the documents related to any complaints filed with
the Establishment by Beneficiaries, the actions taken to address and resolve
these complaints, and the documents related to the disputes arising from contracts,
whether or not they have been referred to the competent courts or concerned
entities in the Emirate;
11.
the documents proving that the Establishment has
carried out the necessary regular maintenance works of Accommodation Units,
including the replacement and refurbishment of furniture and interior and
exterior fittings;
12.
a valid insurance policy for each Accommodation
Unit, except those housed within Hotel Establishments that are covered by
comprehensive insurance policies; and
13.
any other data or documents requested by the DET
in relation to the Timeshare activity and the Accommodation Units used for
conducting the Activity.
b.
A Points-based Contract must be recorded in the
Establishment Register together with a written declaration by the Establishment
confirming that the Points-based Contract meets all the requirements prescribed
by the Law, this Resolution, and the resolutions issued in pursuance thereof.
The Establishment must issue a certificate stating that the Points-based
Contract has already been registered in the Establishment Register under the
name of the Beneficiary.
a.
Transferring the ownership of an Accommodation
Unit to a new owner must not affect the contracts concluded with the Establishment
in respect of this unit, or the right of Beneficiaries under these contracts.
b.
Where the ownership of an Accommodation Unit is
transferred to a new owner, the Establishment must:
1.
update all the details
of the Accommodation Unit and send a written notification of the same, together
with an updated copy of the contract, to the Beneficiary; and
2.
make the necessary updates to the Real Property
Register maintained by the Land Department or the Dubai International Financial
Centre, as the case may be.
a.
The rights of a Beneficiary under a Timeshare
Contract or Points-based 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 devolve to his
universal successors upon his death unless the successors request the
termination of the Timeshare Contract or Points-based Contract.
b.
Where the rights of a Beneficiary under a
Timeshare Contract are transferred pursuant to paragraph (a) of this Article,
the Establishment must register these rights in the Real Property Register.
Where the rights of a Beneficiary under a Points-based Contract are transferred
pursuant to paragraph (a) of this Article, the Establishment must register
these rights in the Establishment Register.
a.
Complaints against
the
persons conducting the Activity; the establishments authorised to undertake the
marketing, publicity, and advertisement of Timeshare Schemes; the
Beneficiaries; or other parties involved with Timeshare Schemes will be filed
with the DET where they violate the provisions of the Law,
this Resolution, or the resolutions issued in pursuance thereof; or act in
breach of a Timeshare Contract or Points-based Contract. Complaints pertaining
to the Real Property Register, or to real estate brokers, will be filed with
the Land Department or the Dubai International Financial Centre, as the case
may be, to determine the same in accordance with the procedures adopted by it
in this regard.
b.
Complaints will be filed through the Electronic
Portal. A complaint must state all related facts and must include all
supporting documents.
c.
The DET
will notify the relevant Establishment of the complaint and request it to
respond to the complaint within seven (7) days from the date of notification.
d.
The DET
will consider and determine complaints. For this purpose, the DET
may meet with the parties to the complaint to hear their statements; and seek
to reach amicable resolution and settlement of the filed complaint.
e.
Where either party to the complaint does not
accept the amicable settlement proposed by the DET,
the complaint will be closed and the complainant will be notified of his right
to take recourse to the competent judicial entities in the Emirate. Closing a
complaint will not preclude taking the appropriate action against any person proved
to have violated the legislation applicable to Timeshare Schemes.
a.
A Tourism Dirham Fee will be collected from
Beneficiaries for each night of occupancy of an Accommodation Unit, starting
from the check-in date until the check-out date, and for a maximum of thirty
(30) consecutive nights from the check-in date. This fee will be calculated
based on the classification category of the Accommodation Unit, in accordance
with the above-mentioned Executive Council Resolutions No. (2) of 2014 and the
resolutions issued in pursuance thereof.
b.
An Establishment must record the check-in and
check-out dates, and all other necessary details pertaining to Accommodation
Units, in the electronic system of the Tourism Dirham Fee, in accordance with
the above-mentioned Executive Council Resolutions No. (2) of 2014.
Any
provision in any other administrative resolution is hereby repealed to the
extent that it contradicts the provisions of this Resolution.
This
Resolution will be published in the Official Gazette and will come into force
on the day on which it is published.
Helal
Saeed Al Marri
Director General
Department of Economy and Tourism
Issued in Dubai on 31
August 2023
Corresponding to
15 Safar 1445 A.H.
©2023 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.