Hands up who’s having problems with their timeshare! You are most certainly not alone. There are all sorts of reasons why people become unhappy with their timeshare, and we have heard them all. Our timeshare experts receive phone calls every day from timeshare holders fretting about problems with timeshare.
Skip to section:
- My Timeshare Contract Goes On Too Long
- Will My Timeshare Be Inherited By My Children?
- My Timeshare Company Won’t Let Me Cancel My Contract
- My Resort Has Asked Me To Sign A New Timeshare Contract
- My Timeshare Is Under New Management
- I Cannot Afford My Timeshare Anymore
- My Timeshare Is Not Living Up To Expectations
- I Can’t Book A Holiday With My Timeshare Points Or Exchange Company
We offer advice and guidance to every one of our callers, regardless of their circumstances, and thought we’d extend that to providing you with this in-depth guide to the many problems with timeshare that we regularly come across.
My Timeshare Contract Goes On Too Long
If your timeshare contract exceeds fifty years in duration from the date of signing, this is known as an ‘in perpetuity’ contract and is now illegal. If you signed one of these contracts after January 1999, your contract can be rendered null and void by the Courts and you may be eligible for timeshare compensation. Equally, if no end date is specified within the contract, this too counts as ‘in perpetuity’ and the same illegality applies.
If you signed your ‘in perpetuity’ contract before 1999, it may be more difficult to extricate yourself from the long contract term, but it is far from impossible. There are many factors that contribute to a situation wherein a contract can be nullified, so get advice from a timeshare expert.
You may, however, find that your contract is not one of these illegal ‘in perpetuity’ contracts, but is still long enough to raise serious concerns. Say you were 35 when you signed your 49 year, legal timeshare contract. You would still be 84 by the time it expires, at which point you may no longer be in a position to either afford it or to travel at all.
Whatever the situation, there is always a solution. Contact us to find out more.
Will My Timeshare Be Inherited By My Children?
Where the contract term exceeds your own lifetime, a timeshare resort or company may seek to impose the contract on your inheritors. They may try to convince them to sign a new contract which renders them responsible for the timeshare after your death, or attempt to enforce continuation of the existing contract. This is not something that they are legally permitted to do, but there are countless stories of offspring of deceased timeshare holders being harassed by aggressive timeshare companies, desperate to hold on to paying members.
The best course of action is to act now, and seek to get the contract cancelled as soon as possible. The sooner the timeshare is off your hands, the sooner you can rest assured that your children will not inherit this nightmare. You must contact an expert to assist you with getting out of your timeshare, as it is unlikely that your timeshare company will be receptive to your request to cancel your contract and may make things difficult.
If you are reading this as the offspring of a deceased timeshare holder, don’t panic. Remember that you are not obliged to sign anything or to inherit timeshare by default. If you are being contacted by your deceased parent’s timeshare resort or company, do not respond, and instead seek expert guidance to help you get them off your back for good.
My Timeshare Company Won’t Let Me Cancel My Contract
This scenario is one of the most common we come across. It is extremely rare for a timeshare company or resort to allow members to cancel on request. You will have signed a timeshare contract that specifies a set end date, and they are very unwilling to let members go before this period is up.
In some cases, the company or resort might show willing, but ask you for a substantial sum of money in order to get the contract cancelled. It is essential that you do not pay this without seeking further advice.
The only surefire way to leave timeshare whilst exercising your full legal rights is to get expert help. If you try to do it alone, not only will the resort/company make it incredibly difficult for you, but you could stand to lose out on any compensation or return of paid funds that you could be entitled to.
A timeshare expert will be able to go through your contract with a fine-tooth comb to assess whether it contains any illegal or dubious clauses that could mean immediate nullification by the Courts and possible remuneration.
My Resort Has Asked Me To Sign A New Timeshare Contract
With a swathe of legal cases being won in favour of claimants, where timeshare contracts are found to contain illegal clauses, many timeshare resorts and companies are taking action. One of the key ways being used to minimise the volume of legal cases brought against them is to draft new contracts.
These are being issued within legal guidelines, but they also contain a clause that prevents you from taking any legal action against them as a result of the terms of the previous contract. So, where you would have been able to raise a case, get your contract nullified and claim compensation, by signing their new contract you will no longer be eligible to do so.
Often these contracts are jazzed up with exciting new features to encourage you to sign. You may be offered improved services, cheaper fees, or other appealing new aspects to your timeshare holiday that may seem extremely tempting. If these new features are more important to you than leaving timeshare or claiming timeshare compensation, then signing the new contract may not pose a problem for you. However, remember to take into account the long term effect of signing a new contract – will it mean you’re bound in for longer, perhaps in excess of your lifetime? Will these new and exciting services or features really materialise?
Think hard before signing any new timeshare contract, and if you have any doubts at all, seek expert advice before making any decisions.
My Timeshare Is Under New Management
Just because a new management company has taken over control of your timeshare resort, it doesn’t necessarily mean that a problem with timeshare is going to arise. However, in some cases, it can mean that things change for the worse.
One of the first things that may happen when new management comes in is that you are asked to sign a new contract. In this situation, see the above point regarding new timeshare contracts.
Secondly, your maintenance fees may suddenly skyrocket, making your timeshare no longer affordable. If this is the case, see the point below about timeshare affordability.
Third, you may find that the quality of your resort deteriorates, the service is not what it was, or if you are on a points-based system, your eligibility or selection of resorts/destinations is affected.
In all these instances, you’ll require legal guidance to establish your rights should a new timeshare management company take over. Do not sign anything, do not use your timeshare anymore, and do not stop paying your maintenance fees (unless they are literally unaffordable).
I Cannot Afford My Timeshare Anymore
Maintenance fees are known to increase year on year, and sometimes do so to an extreme level. The upshot of this is that you are now expected to pay far more than you’d bargained for when you signed up for your timeshare. Clearly, this creates an issue.
Most people simply cannot afford to budget for more and more outgoings every year, resulting in a financial nightmare that threatens to destroy their lives. This is absolutely unacceptable, amounting to extortion. If this sounds familiar, then relax and listen to our advice.
No matter how badly things escalate, remember that you have rights.
The moment you realise that your timeshare is no longer affordable, you must contact a timeshare expert to help you leave your timeshare. You may not realise that there are points in your contract that could mean you are eligible for compensation. Get an expert to assess your contract and listen to the specifics of your case. They will be able to advise you on the best course of action.
First and foremost, our advice is to take advice straightaway, do not bury your head in the sand, and do not try to handle the problem on your own.
My Timeshare Is Not Living Up To Expectations
You may have had your timeshare for years and enjoyed many happy holidays, but have recently found that it is no longer living up to the standards it once did. If the resort seems to be deteriorating, in a poor state of repair, rude or unhelpful staff, unclean rooms, dirty or broken amenities, unsatisfactory food, or anything else, then you are entitled to raise an objection. After all, you are paying a substantial amount of money every year for the privilege of your timeshare, money that is supposed to be used to maintain the quality of the resort.
Take photos of everything that has deteriorated, videos where possible, and try to compare them to snapshots you’ve taken in previous years. This is all evidence to support your case that the resort is no longer worth what you are paying for.
If you are a new timeshare member and have arrived at your resort for the first time only to find that it is not nearly as good as what you expected, then you may have a case for mis-selling or misrepresentation. You may find that special facilities you’d been promised are not available or reserved for only certain guests, that non-members are paying less to enjoy the same holiday as you, or that the rooms you’d been shown in your tour are simply ‘show rooms’ that bear no resemblance to your allocated unit. Worse still, some members find that their home resort is not even the one they thought they had signed up for – and that they are forced to stay in a resort in an inferior location or of inferior quality to that which they’d expected.
Take note of everything. Compare everything in the brochures and documentation to that which you actually experience. Again, take photographs, videos, keep a diary, and talk to other holidaymakers at the resort to see if they are experiencing the same problems with timeshare.
Compile all the evidence you can, take signed, written statements from other holidaymakers (if they will let you!) and keep this together to present to a timeshare expert. Once you have an expert on side to help, they’ll be able to advise you of the best course of action in order to get the situation rectified in your favour.
I Can’t Book A Holiday With My Timeshare Points Or Exchange Company
This is a common problem, one that can be extremely frustrating and disappointing for those affected.
The idea of timeshare points is that you are able to swap your home resort for a holiday in another destination or at another resort up to the value of the points you hold in your account.
However, there are many cases where people find either that there are absolutely no resorts that they can afford with their points, or that it’s simply impossible to book a holiday within the system at all, regardless of how far in advance they attempt to do so.
Aggravatingly, some even find that priority booking is given to non-members of the timeshare scheme over and above paying members.
Clearly, any of these situations is unacceptable. If you have been sold anything that does not correspond to the product or service you receive, you have the right to dispute it. There have been several cases where timeshare companies such as globally-renowned Diamond Resorts have come under the legal spotlight for this kind of malpractice.
Once again, you will need to take action to assert your rights to either get the resort to get things sorted out or to be absolved from your contract. Where malpractice can be proven, often there is compensation payable. Do not put up with anything that you are unhappy with – always take action!
Regardless of your problems with timeshare, you can rest assured that there is always a solution. Nobody should have to endure poor service, fraudulent activity, harassment or being placed into financial difficulty.
Whatever your circumstances, the best way to solve problems with timeshare is to seek expert advice. Get in touch with one of our team today, using the Live Chat facility on our website, by dropping us an email or simply picking up the phone. Regardless of your problem or what you wish to do about it, we will be able to guide you on the right path to justice.