Compensation claims are on the rise and so are the amount of successful cases being brought against timeshare resorts. However, owners have to fit a certain criteria in order to be eligible.
Recent cases in the Spanish Supreme Court have set a precedent, which means similar cases are to be treated according to the judgment.
We at Timeshare Compensation advise anyone who believes they may have a claim to firstly understand what they are getting themselves into, please feel free to contact one of our experts who will be more than happy to talk you through the stages. We believe this will give consumers a better understanding of what to expect from a timeshare legal case.
Read on to see the most common claims currently being brought to court;
Points are sold as exclusive memberships, the more points you own the more ‘exclusive’ your membership is. However, they choose to dress up the points system, don’t be fooled into thinking this is not timeshare related, this is a timeshare, and not a good one to fall into.
These so-called exclusive membership clubs are controlled by timeshare companies, as with any timeshare company they will promise you the world and tell you what you want to hear, however, the only person benefitting is the timeshare resort, not you.
The main complaint attached to the points system is the large sum of money which must paid up front, and thereafter ‘compulsory’ fees which the resort then converts to points for you. The points you buy secure your holiday accommodation.
Many consumers are claiming compensation against the timeshare resorts, due to being mis-sold on the points system.
An ‘in perpetuity’ contract is one where the contract conditions surpasses fifty years, which is the maximum legal limit.
If a no end date was stated in the contract, or the date is over fifty years since the purchase, then owners are more than likely to have claim for compensation.
Floating weeks have been deemed illegal. The idea of floating weeks is that the timeshare owner is offered a range of weeks to choose from each year. Having to book their desired week as soon as possible, no one is told that all other ‘floating week’ holders must do the same and if the week you choose has already been allocated to someone else, tough. The whole point of floating weeks should mean more flexibility for holiday dates, but instead, it results in a messy, unpredictable battle between owners of the same timeshare property. It’s common that such conflicts often result in people not being able to access the property at all. Should they not be able to use their week, it goes without saying that they will still have to pay their annual fees.
Cooling off Periods and Mis-Selling
Many claimants state they believe they were mis-sold when purchasing their timeshare. Where this can be proven nullification and compensation may be due, although most claims are hard to prove, some have, and these cases have been executed with success, therefore, never give up if you strongly believe you have been mis-sold.
Buyers who were not offered the cooling off period (a minimum of 14 days after signing) which is classed as, (time to reflect and ensure you are happy with the terms and conditions), if this was not offered nor stated in your contract this too will be classed as null and void.
These four points are the main factors that could see an owner successfully win a claim against the timeshare resorts. As more and more cases are brought to the courts, new conditions are developing as to what is and isn’t permissible. Therefore, whatever your situation is contact one of our experts, who will be able to tell you exactly what your rights are and where you stand. Expert advice is imperative. Without it there is a good chance you will miss important areas of the contract, thus greatly limiting your chances of success.
Remember, if you believe the contract signed was unlawful, you cannot just stop paying the fees and walk away. Owners who have, got nothing back, all access to the timeshare was removed and most importantly, the timeshare company will then pass on your details to major credit agencies.
Timeshare companies are not in the business of offering compensation or annulling contracts, quite the contrary, they will do anything they can to dodge having to do so. For this reason alone, we strongly recommend hiring a professional. For anyone going up against these companies without a solid knowledge of the industry are likely to fall at the first hurdle as the industry will have many defensive tactics which they will use to their advantage.
When are you eligible for a Claim?
If you believe your contract is in breach and that you have been misled into buying your timeshare, including the things that were said when you signed your contract then you could have a case for compensation. Maybe you were told your timeshare, had sea views, or that your close to the beach, however in reality you have no view and you’re a 20-minute walk to the beach, this would be classed as misleading.
What you should do next.
As soon as you’ve made the decision to make your claim, cease using your timeshare, should you continue to use it during the case this will not bode well with the claim.
For those who paid by Credit Card?
Should the purchaser of paid by card they also can make a claim. The initial contact should be with the company which they purchased. If you feel you are failing with them then contact the credit card company directly. They will ask you the purchase price, the date of purchase and how you bought the timeshare. Be sure to provide copies of any receipts and other paperwork that details the purchase. You may also be asked why you believe the contract was breached, ensure you give your credit card company as much detail as possible as to why you are seeking a refund.
Claims on cards must be greater than £100 and under £30,000.
If your credit card company throw-outs your claim the next step would be to contact the Financial Ombudsman Service.