Code of Practice
Members shall comply with the spirit as well as the letter of the Constitution and the Rules of the New Zealand Holiday Ownership Council ("the Council") for the time in force and shall deal honestly and frankly with the general public and specifically with their customers. They shall not, whether innocently or otherwise, mislead potential purchasers in any way, either as to the nature of the timeshares on offer, its investment or resale potential, or as to the extent, quality or readiness of facilities for use within the timeshares.
Members shall fully and accurately disclose to customers all relevant information concerning the timeshares which they sell. Purchasers’ questions shall be answered properly, fully and frankly. In particular, members shall endeavour to make accurate disclosure of likely future maintenance and management fees payable by purchasers, including cost of provision for replacement of fixtures and fittings.
Members shall take special care to comply with the spirit of the Constitution and Rules of the Council for the time being in force relating to advertising and sales promotion practices.
Members shall not seek to take advantage of any characteristic or circumstance which may make timeshare purchasers vulnerable, as for example exploiting their credibility, lack of experience or knowledge, or by excessive pressure or undue influence inducing purchasers to commit themselves, or unfairly penalising any purchaser who chooses to obtain independent advice. If any purchaser shall within 10 days of the signature of any contract complain as to such matters to the Council, or to the member, the onus of proof that such circumstances did not occur shall be on the member, but in the event that the member shall be notified of such a complaint by the Council, and shall within 14 days of such notification make a full refund to the purchaser, the complaint shall be automatically dismissed.
The sale documents for timeshare intervals (including any prospectus) shall include a provision allowing purchasers to cancel the Contract on their own application within (5) working days of the date on which they sign the Contract, and such provision shall be brought to the attention of purchasers at the time of purchase.
Members shall comply with all applicable laws and regulations affecting timeshare projects, and the marketing of timeshares, in which they are involved and shall cooperate with and support governmental and local agencies responsible for the enforcement of such laws and regulations.
Members shall participate in idea-exchange programmes and statistical and industry studies, and where legislation is thought necessary by the Council, shall contribute to the adoption and enforcement of such legislation.
Members shall ensure that marketing agents, sales personnel, and all others engaged or employed by them, whether directly or indirectly, shall observe the provisions of this Code, and as between themselves and timeshare purchasers who contract with them, they shall accept liability for any non-observance of the Code by such third parties.
Members shall give active, and not merely passive, support to the policies of the Council, and in particular shall report to the Council any violation of this Code, and the rules of the Council, whether by themselves or by others.
Members shall maintain in a prominent position on their premises a copy of the Code of Ethics.
In the event of any conflict between this Code of Practice and the Code of Ethics, the provisions of this Code of Practice shall prevail.
All lead generation and promotional material for the marketing of timeshare resorts must state that the resort being promoted is a timeshare resort or is identified by some alternative word or words which indicates ownership sharing, vacation ownership, shared ownership or an alternative approved by the Committee of the Council, and where a premium or gift is offered, the offer must state that a presentation is required in order to obtain the premium or gift.
The developer and marketers and sales persons associated with the promotion of the developer’s resort shall observe the following guidelines with respect to soliciting off-site (more commonly know as OPC activity).
Persons soliciting off-site shall:
- Have positive identification in badge form showing their first name and name of the resort.
- Be well mannered and courteous
- Be limited to a reasonable number per resort in the area
- Not stop cars or solicit in non public areas uninvited
- Not harass, follow or shout at members of the public (but may be mobile)
- No member developer shall engage a marketer (as defined in Rule 17 of the NZHTC Constitution booklet)who is not a member of the Council, and no member marketer shall provide or assist in the provision of
- marketing services to a developer (as defined in Rule 17) who is not a member of the Council, and further no member service organisation who is predominantly or solely involved in the timeshare industry shall provide or assist in the provision of services to a developer or marketer if neither are members of the Council.
Complaints should in the first instance be directed to the company concemed. If the matter is not resolved to your satisfaction, please contact the New Zealand Holiday Ownership Council for advice.