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 IV - Lienholder Subordination; Alternative Financial Assurances; Incidental Benefits (§§ 1254 — 1254b) › § 1254a - Incidental benefits

(1) Any facility the continuing availability of which for the use and enjoyment of owners during the entire term of their ownership of a timeshare or vacation club right or accommodation, as the case may be, is not financially assured in accordance with the provisions of § 1254 of this title for any reason, shall be deemed an incidental benefit. A developer shall not represent to a purchaser of a timeshare or vacation club right or accommodation that any of the timeshare plans or vacation club’s incidental benefits shall definitely be available for the use and enjoyment of owners beyond three (3) years following the date upon which such purchaser executes his purchase contract.
(2) Incidental benefits may only be offered if:
(a) The continued availability of any incidental benefit for the use and enjoyment of owners of timeshares or vacation club rights or accommodations must not be necessary in order for any accommodation or facility which is not an incidental benefit to be used, occupied, or enjoyed by the owners in a manner consistent in all material respects with the manner set forth in the timeshare or vacation club documents or represented by or on behalf of the developer, whether in the purchase contract, in the public offering statement, in any advertisement or promotion, or otherwise.
(b) The use of or participation in the incidental benefit by an owner is completely voluntary, and payment of any fee or cost associated with the incidental benefit is required only upon such use or participation.
(c) No costs of operation, maintenance, or repair of the incidental benefit are passed on to owners as common expenses.
(d) Each purchaser receives a separate disclosure statement with respect to all incidental benefits which:
(i) Contains a brief description of each incidental benefit, including the nature and amount of any user fee payable with respect thereto;
(ii) states that use of or participation in the incidental benefit by an owner is completely voluntary and that payment of any fee or cost associated with the incidental benefit is required only upon such use or participation;
(iii) indicates that the incidental benefit is not assignable or transferable in any manner by an owner, and
(iv) contains the following disclosure in conspicuous type immediately above the place for the purchaser’s signature:
(DESCRIPTION OF INCIDENTAL BENEFIT) IS AN INCIDENTAL BENEFIT OFFERED TO PROSPECTIVE PURCHASERS OF TIMESHARES (OR VACATION CLUB RIGHTS) OR ACCOMMODATIONS AT (NAME OF PROJECT). THERE IS NO ASSURANCE THAT SUCH INCIDENTAL BENEFIT WILL BE AVAILABLE FOR THE USE AND ENJOYMENT OF OWNERS OF TIMESHARES (OR VACATION CLUB RIGHTS) OR ACCOMMODATIONS BEYOND __________ (UP TO THREE (3) YEARS) FOLLOWING THE DATE UPON WHICH YOU EXECUTED YOUR PURCHASE CONTRACT. YOU SHOULD NOT PURCHASE A TIMESHARE (OR VACATION CLUB RIGHT) OR ACCOMMODATION IN RELIANCE UPON THE CONTINUING AVAILABILITY OF SUCH INCIDENTAL BENEFIT.
History —Dec. 26, 1995, No. 252, § 4-102.