In the Club-Trust system, the ‘occupancy rights’ in the holiday accommodation are vested in a company controlled by the Trustee (the ‘Owning Company’).
This company does not trade, thus negating any risk of financial failure affecting consumers’ holiday ownership. If the developer of the resort or club gets into financial difficulties, the holiday accommodation remains protected from its creditors.
The Trustee is the legal owner of the title to the holiday accommodation. The developer is the beneficial owner, who is entitled to sell the benefit of the ‘occupancy rights’ to the consumer.
Further information on this can be found in TATOC Consumer Guide 33 here.