Derecho del Turismo en las Américas

Timesharing in Aruba 403 during the cooling‑off period, reflect based on the written contract. This requirement also serves other interests, i.e. the one of legal certainty. Violation leads to the contract’s nullity. Secondly, there are now requirements in place related to the content of the purchase agreement itself, i.e. the requirement that it needs to include a detailed description of what is being purchased and also the dates as of which one can start using the subject rights. If this is not complied with, then the reflection period of five days during which the purchase agreement can be terminated, will be extended. This extension, however, will not be for more than a month. Last but not least, the Civil Code now requires that the buyer be given a (copy of the) contract. There is no stipulation on the language that it should be prepared in, but important is that the buyer understands the language in which the contract is written. If not, for lack of consensus, no agreement will be deemed to have been concluded. Previously, owners’ associations in Aruba were not legally obligated to create the so‑called reserve funds to cover costs other than the usual annual expenses. Think here of costs related to major repairs/maintenance of common areas that usually involve sudden and substantial investments. The creation of such funds is now mandatory. In conclusion, prospective buyers of Timeshare units in Aruba now have more reasons to feel safer with the above additions to the Civil Code. These additions, in combination with how justice is administered within the Dutch Kingdom, and thus Aruba, should give these purchasers – at least from a legal perspective – the desired peace of mind when it comes to Timesharing on the island.