S. 40 in force at 4.3.2030, see s. 61(2)(b)

http://www.legislation.gov.uk/asc/2026/10/section/40Development of Tourism and Regulation of Visitor Accommodation (Wales) Act 2026enStatute Law Database2026-07-16Expert Participation2026-04-28PART 3REGULATION OF VISITOR ACCOMMODATIONCHAPTER 3REGULATED VISITOR ACCOMMODATION: CONTRACT TERMSLimits on obligation to ensure premises fit for visitor accommodation
40Limits on fitness for visitor accommodation duty: visitor’s fault(1)

Section 39 does not impose any liability on the VAP if the premises are not fit for visitor accommodation wholly or mainly because of an act or omission (including an act or omission amounting to lack of care) of the visitor.

(2)

The VAP is not required by section 39(2) to carry out works or repairs if the disrepair is wholly or mainly attributable to lack of care by the visitor.

(3)

“Lack of care” means a failure to take proper care—

(a)

of the premises, and

(b)

if the premises form part only of a building, of the common parts that the visitor is entitled to use under the visitor accommodation contract.