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Timeshare Agreement
I need a timeshare agreement for a property in Bali, Indonesia, detailing a 2-week annual usage period, with clear terms on maintenance fees, transferability, and dispute resolution. The agreement should comply with local regulations and include a cooling-off period for cancellation.
What is a Timeshare Agreement?
A Timeshare Agreement lets multiple owners share the right to use a vacation property for specific time periods each year. In Indonesia, these contracts typically give buyers access to resort units or holiday apartments for fixed weeks or floating periods, following regulations set by the Ministry of Tourism and Creative Economy.
The agreement spells out each owner's usage schedule, maintenance fees, and rights under Indonesian property law. It also covers important details like booking procedures, resort amenities, and rules for exchanging time slots with other properties. Most Indonesian timeshare contracts run for 20-30 years, with annual fees paid to maintain the property and common facilities.
When should you use a Timeshare Agreement?
Consider a Timeshare Agreement when investing in vacation property ownership without committing to full purchase costs. This arrangement works well for Indonesian families or investors who want guaranteed annual holiday accommodation at popular destinations like Bali or Bintan, while sharing the financial burden with other owners.
The agreement becomes essential when coordinating usage rights with multiple parties, especially at luxury resorts or beachfront properties. It helps prevent disputes over scheduling, maintenance responsibilities, and cost-sharing arrangements. Indonesian law requires formal documentation for timeshare arrangements involving property worth over Rp 500 million, making these agreements legally necessary for high-end vacation properties.
What are the different types of Timeshare Agreement?
- Fixed-Week Timeshare: Grants usage rights for the same weeks each year, popular for Bali villas during peak seasons
- Floating-Time Agreement: Allows flexible scheduling within specific seasons, common in Jakarta business hotels
- Points-Based System: Converts ownership into points for use across multiple properties in Indonesia's resort networks
- Right-to-Use Contract: Provides access for a set period (usually 30 years) without actual property ownership, typical in Indonesian beach resorts
- Fractional Ownership: Offers extended usage periods (3-6 months annually) with more amenities and higher-end properties
Who should typically use a Timeshare Agreement?
- Resort Developers: Create and sell timeshare units, manage property maintenance, and ensure compliance with Indonesian tourism regulations
- Individual Buyers: Purchase timeshare rights for vacation purposes, often families or professionals seeking regular holiday accommodations
- Property Management Companies: Handle day-to-day operations, maintenance, and scheduling for the timeshare property
- Legal Representatives: Draft and review agreements, ensure compliance with Indonesian property laws and tourism regulations
- Tourism Ministry Officials: Oversee licensing, regulate timeshare operations, and enforce consumer protection standards
How do you write a Timeshare Agreement?
- Property Details: Gather complete information about the property, including location, unit specifications, and amenities offered
- Usage Schedule: Define specific time periods, rotation system, and any seasonal variations in access rights
- Financial Terms: Calculate purchase price, annual maintenance fees, and special assessments in Indonesian Rupiah
- Ownership Rights: Clarify inheritance rules, transfer rights, and exchange program participation options
- Legal Requirements: Ensure compliance with Indonesian tourism regulations and property ownership laws
- Management Structure: Document responsibilities for property maintenance, scheduling, and dispute resolution procedures
What should be included in a Timeshare Agreement?
- Party Information: Complete details of developer, management company, and timeshare purchaser, including registration numbers
- Property Description: Specific unit details, location, amenities, and facilities included in the agreement
- Usage Rights: Clear schedule of ownership periods, check-in/out procedures, and exchange privileges
- Financial Terms: Purchase price, maintenance fees, payment schedules, and late payment penalties
- Duration and Termination: Agreement length, renewal options, and conditions for early termination
- Governing Law: Reference to Indonesian tourism regulations and property laws
- Dispute Resolution: Mediation procedures and jurisdiction for legal proceedings
What's the difference between a Timeshare Agreement and an Asset Purchase Agreement?
A Timeshare Agreement differs significantly from a Asset Purchase Agreement in both purpose and structure. While both involve property rights, their fundamental approaches to ownership and usage are quite different.
- Ownership Structure: Timeshare Agreements grant periodic usage rights to multiple parties, while Asset Purchase Agreements transfer complete ownership of property to a single buyer
- Duration and Rights: Timeshares typically last 20-30 years with scheduled access periods, whereas Asset Purchase Agreements create permanent, unlimited property rights
- Cost Structure: Timeshares involve initial purchase plus ongoing maintenance fees; Asset Purchase Agreements usually require one-time payment with full property responsibility
- Legal Framework: Timeshares fall under Indonesian tourism regulations and shared property laws, while Asset Purchase Agreements align with standard property transfer laws
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