ASIC Corporations (Time-sharing Schemes) Instrument 2017/272
1Here the responsible entity should insert the number of days of the cooling-off period. That number of days must be:
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1 Here the responsible entity should insert the number of days of the cooling-off period. That number of days must be:
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not less than seven days where the responsible entity is a member of the Australian Timeshare and Holiday Ownership Council ATHOC) or another industry supervisory body for the time-sharing line industry approved by ASIC; and
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not less than 14 days in all other cases.
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The statement set out below is the subject to finance notice referred to in paragraph 912AJ(3)(d).
Timeshare cancellation: ‘Subject to finance’ notice
You can cancel your application for a timeshare if it is ‘subject to finance’
– that is, if you are using a loan from a finance company to buy the timeshare –
even if the cooling-off period has already ended.
You can cancel your timeshare application if you:
have failed to obtain finance (e.g. the lender has advised you did not get a loan);
decide not to go ahead with the loan application and have withdrawn the application or any ‘offer to borrow’ that you have already signed; or
have been offered a loan but have decided not to accept the loan.
To cancel the timeshare application: complete the form attached to this statement and send a copy to [responsible entity]. Their details are on the form.
Remember to cancel your loan application: If you have already signed an application with an ‘offer to borrow’ and you don’t want to go ahead with the loan, you also need to notify the lender that you want to withdraw your offer. You should do this as quickly as possible. If you do not, and the lender accepts your offer, you may have a binding loan contract and may not be able to cancel.
What is this for?
This Timeshare cancellation: ‘Subject to finance’ notice is for consumers who applied for a loan but did not get a loan or decided not to proceed with their application for the loan. It can be used to cancel a timeshare application after the cooling-off period has ended.
Regardless of whether you applied for a loan or not, you may cancel your timeshare application within the [insert length – for example, ‘7’]-day cooling-off period by completing and sending a ‘cooling-off’ notice to [responsible entity]. The cooling-off notice is attached to the cooling-off statement and can be found [insert location – for example, ‘at the front of your document pack’].
I applied for a loan – How do I cancel?
To cancel your timeshare application under these rights, you need to make sure the loan application is not going ahead (by notifying the lender in the way described in the documentation provided by the lender) and complete the form attached to this statement (the Timeshare cancellation: ‘Subject to finance’ form on page 2) and send a copy of it to [responsible entity] by one the following:
<table cellspacing="0" cellpadding="0" style="border-collapse:collapse"><tbody><tr style="height:16.15pt"><td style="width:55.7pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom"><p style="margin-top:10pt; text-align:right; line-height:normal"><span>I/We</span></p></td><td style="width:362.15pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="margin-top:10pt; text-align:center; line-height:normal; font-size:12pt"><span style="letter-spacing:-0.05pt"></span></p></td></tr><tr style="height:16.15pt"><td colspan="2" style="width:428.65pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom"><p style="margin-top:10pt; margin-left:65.35pt; line-height:normal"><span>acknowledge receipt of this subject to finance notice.</span></p></td></tr><tr><td style="width:55.7pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom"><p style="margin-top:10pt; text-align:right; line-height:normal"><span style="letter-spacing:-0.05pt">Signatures(s):</span></p></td><td style="width:362.15pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="margin-top:10pt; text-align:center; line-height:normal; font-size:12pt"><span style="letter-spacing:-0.05pt"></span></p></td></tr><tr><td style="width:55.7pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:bottom"><p style="margin-top:10pt; text-align:right; line-height:normal"><span style="letter-spacing:-0.05pt">Date:</span></p></td><td style="width:362.15pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="margin-top:10pt; text-align:center; line-height:normal; font-size:12pt"><span style="letter-spacing:-0.05pt"></span></p></td></tr></tbody></table> ```