Tourism Law in Europe

consideration, the right to use one or more accommodations to spend the night for more than one period of occupation”. In addition, article 23 determines that the timesharing right attributes to its owner the power to enjoy, exclusively, during a specific period of each year, consecutive or alternate, a susceptible accommodation that can be used independently because it has its own exit to the public thoroughfare or to a common element of the building in which it was integrated and that is permanently equipped with the appropriate furniture for this purpose, as well as the right to provide complementary services. The faculty of enjoyment does not include alterations to the accommodation or its furniture. b) Subjective scope of application Timesharing contracts shall be concluded between the entrepreneur and the consumer. The different delimitation of the subjective scope stands out, in that title I, analogously to the Directive, applies to contracts between entrepreneurs and consumers, while title II, applies to contracts between entrepreneurs, understood as owners, promoters or any natural or legal person who is professionally dedicated to the transfer of rights to use real estate, and the purchasers of these rights. Article 1 defines the entrepreneur and the consumer. Thus, an entrepreneur is understood to be any natural or legal person who acts for purposes related to his economic activity, business, trade or profession and any person who acts in the name or on behalf of an entrepreneur (second paragraph, article 1). In turn, a consumer is understood to be any natural or legal person who acts for purposes unrelated to their economic activity, business, trade or profession (third paragraph, article 1). However, as established in article 23.5, in the timesharing contracts contemplated in Title II, participate the owner, the promoter and any natural or legal person who professionally participates in the transmission or commercialisation of these rights; and, on the other hand, also participates the acquirer, understanding as such the natural or legal person to whom the right object of the contract is transferred or is the recipient of the right object of the contract.