Development of Tourism and Regulation of Visitor Accommodation (Wales) Act 2026

39 Contractual obligation to ensure premises fit for visitor accommodation

(1) Subsection (2) is incorporated as a term of a visitor accommodation contract.

(2) The VAP must ensure that the premises at which the regulated visitor accommodation is provided are fit for visitor accommodation when, in accordance with the contract, the visitor is entitled to reside in or at the accommodation.

(3) Subsection (2)—

(a) may be incorporated as a term of a visitor accommodation contract with modifications, or

(b) need not be incorporated as a term of a visitor accommodation contract,

if the effect of the modifications, or of not incorporating subsection (2), is more favourable to the visitor.

(4) The term of the contract that incorporates subsection (2) may be relied on by a visitor entitled to reside at the premises in accordance with the contract, regardless of whether the visitor is a party to that contract.

(5) The incorporation of subsection (2) as a term of a visitor accommodation contract has no effect on the operation of any other enactment or rule of law that is more favourable to the visitor.

(6) A term of a visitor accommodation contract that is incompatible with any of the following has no effect—

(a) the term of the contract incorporating subsection (2) (with or without modifications);

(b) subsection (4);

(c) section 40;

(d) section 41.

(7) In this Chapter, references to subsection (2) include a reference to the term of a visitor accommodation contract that incorporates subsection (2) (with or without modifications).