1.    Withdrawal right in tourism timeshare systems

Pursuant to Decree 254 of 2022, Section 9 of Chapter 4 of Title 4 of Part 2 of Book 2 of Decree 1074 of 2015 is modified in the following manner:

1.1 In contracts where tourism timeshare programs are marketed, the withdrawal right will be understood to have been agreed, and the consumer will have five (5) business days from the date of execution of the contract to exercise it, as long as he/she has not enjoyed the service. 

1.2 If the consumer exercises the withdrawal right, it will be mandatory for the timeshare promoter or marketer to return all the money paid by the consumer, no withholdings or discounts can be made.

1.3 The refund mentioned above must be made within less than a month.

1.4 It will be mandatory for the timeshare promoter or marketer to inform, clear and express, the consumer about the withdrawal right.

2.    Obligations of the promoters and marketers of timeshare projects or any other provider of tourism services that markets memberships or affiliations for the future enjoyment of tourism services

Through the Decree 254 of 2022, Chapter 13 is added to Title 4 of Part 2 of Book 2 of Decree 1074 of 2015, this new chapter contains the following regulation:

2.1 Chapter 13 will be applicable to promoters and marketers of timeshare projects and to any other tourism service provider that markets or promotes memberships or affiliations for the future enjoyment of tourism services (the “Promoters”).

2.2 The Promoters must provide the following prior information to the consumer:

2.2.1 Precise identification of the tourism service to be enjoyed, indicating its quantity, quality, price (including taxes or any additional charge), method of payment and percentage of discount or incentive regarding the services offered.

2.2.2 Requirements, conditions, and procedure for the enjoyment of the tourism service.

2.2.3 Issuance of the incentive or discount if the latter is offered.

2.2.4 If the incentives are cumulative with others and if the amount is limited by time or people.

2.2.5 List of providers of the tourism services offered, properly identified by name or business name, identification number, address, contact information and National Tourism Registry number if the service is provided in Colombia.

2.2.6 The term or validity of the tourism service to be enjoyed, and of the incentive or discount if offered, indicating the exact date of initiation and termination.

2.2.7 The price together with any additional charges or costs borne by the consumer for the membership or affiliation

2.2.8 The procedure that the consumer must follow to submit petitions, complaints or claims.

2.3 The Promoters during the registration and renewal process of the National Tourism Registry, must declare that they have contracts, agreements, arrangements or any type of mandate or representation in force with the provider of the tourism services they offer.

2.4 The following obligations were added to the Promoters:

2.4.1 The consumer's right to use, enjoy and enjoy the tourism services, incentives and discounts offered must be respected, under the agreed terms, conditions, and deadlines.

2.4.2 Comply with the data protection as indicated by the Law 1581 of 2012 and the other regulations that modify, replace or complement it.

2.4.3 At the time of marketing or promoting membership or affiliation for the future enjoyment of tourism services, the Promoter must have the corresponding agreements of the services offered enforceable. The time to enjoy tourism services may not exceed the term of the representation contract.

2.4.4 If the consumer could not enjoy the services offered for reasons attributable to the Promoter, the latter must return to the consumer the sums of money paid, duly updated, within a term not exceeding one month from the request. However, if the consumer has enjoyed any of the services offered, the refund will be made proportionally.

2.4.5 Describe in the contract the use and benefits of tourism services, as well as the discount policy if it is offered.

2.4.6 Apply current regulations on commercial matters and consumer protection