Research On The Protection Of The Timeshare Consumer Interests

Timeshare as a new form of tourism is still in an early stage of development in China. Itappears a lot of problems in the development process and consumer always complaints a lotabout it. Because of the shortage of laws on the timeshare, the interests of consumers can notbe effectively protected. The writer analyzes the case of an timeshare contract and providesfour suggestions for protecting the interests of consumers of timeshare, combining with thetimeshare laws of American, EU and Malaysia and the violations of consumer rights in theprocess of timeshare sales.The article is divided into five parts.The first part describes the summary of the case.This section describes details of thecase and the adjudgements of the first instance and the second trial.Party two expounds the main controversy and the main reasons held by the plaintiff anddefendant. The part mainly discusses four controversy which is whether the timesharecontract is legally and whether the plaintiff has been registered as a member of the companyand whether the plaintiff has turn up to enjoy the rights of membership and whether thecontract should be released.Party three is the law analysis on controversy of the case. At the first place, the writeranalyzes whether the contract is fraud with the elements of fraud contract. Secondly, thewriter analyzes whether the defendant broke the contract previously from three aspects on thecharacteristics of anticipatory breach and the elements of self-evident breach previously andthe reasonable judgments of "foreseeable" in default breach previously.Party four introduces the revelation of foreign timeshare and the inspiration to ourtimeshare consumer protection. This section mainly introduces the timeshare legislation of theUnited States, the European Union and Malaysia, and provide inspiration to our timeshareconsumer protection on the macro and micro.The inspiration on the macro is completing ourlegal system should be at the core of consumer protection. The first inspiration on the micro isintroducing the system of cooling-off period for giving the regret right to timeshareconsumers. The second inspiration on the micro is taking the trusteeship system to protectingthe interests of consumers and operators. The third inspiration on the micro is strengtheningthe information disclosure obligations of operators to protect consumers’ right to know. The fourth inspiration on the micro is attaching importance to self-regulation of industryassociations in order to protecting the interests of timeshare consumers and promoting thedevelopment of the timeshare industry.Party five provides four suggestions for protecting the interests of consumers oftimeshare. Firstly, set up the system of cooling-off period to give the regret right to timeshareconsumers. The writer mainly expound on the three aspects of the cooling-off period and howto cancel the contact and the legal effect of cooling-off period.Secondly, strengthen theinformation disclosure obligations of operators. The writer mainly through the analysis ofweak point in the Article20of Consumer Protection Law makes correction and improvementof the Article20of Consumer Protection Law on aspects of the scope and the methods andliability of information disclosure. Thirdly, set up the trusteeship system. The writer mainlydescribes custodian qualification and the payments of trusteeship. Fourthly, attach importanceto self-regulation of industry associations. The writer mainly gives full play to the role ofself-regulation of industry associations in order to reducing the timeshare consumer rightsviolations and promoting the development of the timeshare industry through refiningself-specification of the timeshare industry association.