2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART II-A - Timeshare (§§ 1251 — 1269d) › Chapter 147 - Puerto Rico Timeshare and Vacation Club Act (§§ 1251 — 1269d) › Subchapter VII - Prohibited Practices (§§ 1257 — 1257c) › § 1257c - Disclosure of intent to make sales presentation

(1) It is unlawful for any person to use an advertisement or other promotional device, including but not limited to a sweepstakes, gift, or lodging certificate, with the intent to solicit the disposition of timeshares, vacation club rights or accommodations without disclosing in a clear and unequivocal manner a statement substantially similar to the following: “This advertisement is for the purpose of soliciting the purchase of timeshares (or vacation club rights, and/or accommodations, as applicable)..” A similar disclosure statement required by a state’s laws governing timesharing or vacation clubs shall be an acceptable alternative, in the reasonable discretion of the Company. It shall also be unlawful for any person to solicit the disposition of timeshares, vacation club rights or accommodations in Puerto Rico by means of telephone communication without first disclosing in a clear and unequivocal manner that the purpose of the telephone communication is to solicit the purchase of timeshares, vacation club rights or accommodations and requesting and receiving permission from the person receiving the communication to proceed.
(2) The following unfair acts or practices undertaken by, or omissions of, any person intentionally promoting the disposition of timeshares, vacation club rights or accommodations are prohibited:
(a) Failing clearly and conspicuously to disclose all rules, regulations, terms, and conditions of the developer’s promotional program; the exact nature and approximate retail value of gifts or similar items when offered or, if the item is not available on a retail basis, the cost to the developer of the item; the date or dates on or before which the offer will terminate or expire; and the odds of receiving any particular gift or similar item;
(b) failing to obtain the express written consent of individuals before their names are used for promotional purposes in connection with a timeshare plan or vacation club;
(c) failing to award items promised in a promotion by the date and year specified in the promotion;
(d) misrepresenting in any manner the odds or likelihood of a person’s receiving any item or gift, and
(e) misrepresenting or deceptively representing any material facts concerning:
(i) A timeshare plan’s or vacation club’s accommodations, facilities, incidental benefits, or reservation system, including when such components will be available to owners;
(ii) the nature or extent of any services incident to such accommodations or facilities;
(iii) the contents of any of the timeshare or vacation club documents;
(iv) a purchaser’s or owner’s rights, privileges, benefits, and obligations under the timeshare or vacation club documents, and
(v) the purchaser’s right to cancel his purchase contract pursuant to § 1253 of this title.
History —Dec. 26, 1995, No. 252, § 7-104.