Del. Code tit. 6 § 2802

Current through 2024 Legislative Session Act Chapter 254
Section 2802 - Definitions

When used in this subchapter, the following shall have the meanings respectively set forth:

(1) "Advertisement" means the attempt by publication, dissemination, solicitation or circulation to induce, directly or indirectly, any person to enter into any obligation, acquire any title, interest in or otherwise execute a contract as defined in this section.
(2) "Business day" means any day except Sunday or a legal holiday.
(3) "Campground resort" means any tract or parcel of real property within the State on which there are at least 10 camping sites.
(4) "Camping site" means a space designed and promoted for the purpose of locating a trailer, tent, tent trailer, pickup camper, van, recreational vehicle or other similar device used for camping.
(5) "Contract" means any written agreement of more than 1 year's duration, executed in whole or in part within the State, which grants to a purchaser a nonexclusive right or license to use the campground resort of a membership camping resort operator or any portion thereof on a first come, first serve or reservation basis together with other purchasers.
(6) "Facility" means an amenity within a campground resort set aside or otherwise made available to purchasers in their use and enjoyment of the campground resort, and may include campsites, swimming pools, tennis courts, recreational buildings, boat docks, rest rooms, showers, laundry rooms, and trading posts or grocery stores.
(7) "Holder" means the membership camping resort operator who enters into a membership camping resort contract with a purchaser or the assignee of such contract who purchases the same for value.
(8) "Managing entity" means a person who undertakes the duties, responsibilities and obligations of the management of a campground resort.
(9) "Offer" means any offer, solicitation, advertisement or inducement, to execute a contract.
(10) "Operator" means any person who is in the business of soliciting, offering, advertising or executing membership camping resort contracts.
(11) "Person" means any individual, corporation, partnership, company, unincorporated association or any other legal entity other than a government or agency or a subdivision thereof.
(12) "Purchase money" means any money, currency, note, security or other consideration paid by the purchaser for a membership camping agreement.
(13) "Purchaser" means any person who enters into a contract with an operator as defined herein.
(14) "Reciprocal program" means any arrangement under which a purchaser is permitted to use camping resort sites or facilities at 1 or more campground resorts not owned or operated by the operator with whom the purchaser has entered into a contract.
(15) "Salesperson" means an individual, other than an operator, who offers to sell a contract by means of a direct sales presentation, but does not include a person who merely refers a prospective purchaser to a sales person without making any direct sales presentation.

6 Del. C. § 2802

67 Del. Laws, c. 433, §1.;