Buying timeshareholidaysHow to avoid the pitfalls

Buying timeshare holidays This leaflet sets out generalguidelines. All legal rules haveexceptions and variations. How thelaw applies to you depends on thefacts of your case. If you think youhave a legal claim and cannot get asatisfactory answer from the trader,get advice from your localauthority’s trading standards serviceor a citizens advice bureau or asolicitor.

Blue skies, golden sands, warmbreezes and the scent of acaciablossom… dream holidays come inall shapes and sizes.

So do holiday scams. This leafletwill help you make informedchoices about timeshare holidaysand help you to avoid the pitfalls.

What is timeshare?You’re buying the right to spend time -usually a week or two once every year -in a particular property for three yearsor more.

Timeshare presentationsYou may be approached in your hotel orat the beach and told that you’ve won afree holiday or a prize to get you to goto a presentation.

• Be very wary of the hard sell – ask fortime to think it over and getindependent advice.

• Don’t be afraid or embarrassed to walkout if its not what you want.

• Never sign anything you don’tunderstand and don’t pay in advance(it is illegal for a seller to take moneyon the spot). Remember don’t signanything, no matter how much you’repressured, unless you are sure it’sexactly what you want.

• Insist that any promises are put inwriting there and then.

How does the law protectbuyers?If you’re buying timeshare anywhere inthe European Economic Area (EEA)1 youhave certain minimum rights:

• A right to a ten day (14 calendar daysunder UK law) cooling off period fromthe day you sign the timesharecontract – during this time you cancancel the contract for any reasonwithout penalty

• Sellers are strictly prohibited fromseeking or accepting any money frombuyers during the cooling off period,for themselves or anyone else

• Any linked credit agreement iscancelled when you cancel thetimeshare contract

1 The official languages of the EEA are English, French, German,Italian, Dutch, Danish, Greek, Spanish, Portuguese, Swedish, Finnish,Norwegian and Icelandic.

• You have a right to documentaryinformation and a written contract inyour own language and keyinformation in the brochure must beincluded in the contract if the purchasegoes ahead

• All timeshare contracts should containbasic minimum information asdescribed in the Timeshare Directive94/97/EC.

It should include amongst other things:

– the names and addresses of theparties to the contract

– an accurate description andcompletion date for the property

– the purchase price and other chargesrelating to the use of commonfacilities, taxes, fees andadministrative charges.

Before you buy askyourself these questionsRemember that if it seems too good tobe true, it usually is.

• Does what is on offer represent goodvalue for money? (add in flight andfood costs)

• Have you realised that the value ofyour timeshare may go down overtime?

• Beware of money back guarantees –these could be difficult to claim inpractice.

• What are the maintenance costs eachyear and could they increase sharply?Have you checked other suppliers andcompared prices?

• Do you have a say in how thetimeshare operates?

• If they’re offering exchanges with otherowners – where are these and whenare they actually available?

Re-selling timesharesRe-selling timeshares is often difficult.The real resale value of your timeshareis often well below your expectations.This is where fraudsters can step in.

If you already own a timeshare a sellermay try to persuade you to buy a betterone, on the understanding that he orshe will sell your current package. Thisis the buy-sell scam. Your ‘sale’ neverhappens and you are left with twotimeshares.

You could be cold called. The caller may claim that they have a buyer foryour timeshare who is prepared to paytop price. They may say you need to pay them up front to make the salehappen – for lawyers, land registry, tax arrears etc. You may find that you’rebeing conned and that you have paidout for nothing.

Holiday and vacation clubs – these are not covered bytimeshare legislationHoliday packs and vacation clubschemes are not covered by timesharelegislation so you don’t have the right tocancel – mistakes can be expensive.

These holiday and vacation clubs offerholidays long into the future, which arenot tied to a particular property.

Don’t let yourself to be pressured intobuying and walk away if you areunhappy.

Other areas not coveredby timeshare legislation• Timeshare under 36 months.

• Floating vessels, such as, canal boats,narrow boats, pleasure boats andhouseboats.

Further adviceYou can get more information andadvice from:

Trading standards departments – theyare responsible for enforcing the UK’stimeshare law. Your local tradingstandards office is in the phone bookunder the local authority to which youpay Council Tax. website www.tradingstandards.gov.uk

Citizens advice bureaux (CAB) offer helpwith consumer issues. To find your localCAB look in the phone book.website www.nacab.org.uk

Timeshare Consumers Association (TCA) can advise on consumer issues.Telephone 01909 591 100 email info@timeshare.org.uk

Organisation for Timeshare In Europe(OTE) is based in Brussels and canadvise on reputable companies. Telephone 00322 533 3069 email info@ote-info.com website www.ote-info.com

Vacation Owners Independent Coalitionin Europe (VOICE) operates a consumerinformation and help service. Telephone the OTE number (above)

Association of British Travel Agents (ABTA)operates an independent advice schemeand a conciliation service for disputes.Telephone 020 7307 1907 email information@abta.co.uk website www.abta.com

Office of Fair Trading (OFT) does notdeal with individual cases but will actwhere there is evidence of malpractice.Telephone 08457 22 44 99email enquiries@oft.gov.uk website www.oft.gov.uk

For details of solicitors with experiencein timeshare matters contact the Law Society.Telephone 020 7242 1222 website www.solicitors-online.com There is an A-Z index from which youscroll down to travel and tourism.

Department of Trade and Industry (DTI) has useful information ontimeshare on its websitewww.dti.gov.uk/ccp/ – there is an A-Zindex on the left from which you scrolldown to timeshare.