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DO YOU HAVE A QUESTION ABOUT YOUR TIMESHARE OWNERSHIP?
DO YOU HAVE A QUESTION ABOUT YOUR TIMESHARE OWNERSHIP?
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RCI – Can I claim if I got out of my contract?
Dear Ainsleigh, I am not sure of your question however, if you are asking if you can pursue a Spanish claim for compensation the answer is unfortunately not if you are confirmed as a non-owner and you have this is writing from the timeshare company. Should you have any further questions, please don'Read more
Dear Ainsleigh,
I am not sure of your question however, if you are asking if you can pursue a Spanish claim for compensation the answer is unfortunately not if you are confirmed as a non-owner and you have this is writing from the timeshare company. Should you have any further questions, please don’t hesitate to contact us again.
See lessWhat are my rights to exit and claim?
Dear Valarie Thank you for your question regarding rights to exit and claim. We can advise you on Spanish court rulings, however, in order to see if you personally could claim, you would need an independent timeshare specialist lawyer to look at your Purchase Agreement and other related timeshare owRead more
Dear Valarie
Thank you for your question regarding rights to exit and claim.
We can advise you on Spanish court rulings, however, in order to see if you personally could claim, you would need an independent timeshare specialist lawyer to look at your Purchase Agreement and other related timeshare ownership documents.
The Spanish Law 42/1998 was enacted to protect timeshare consumers which came into effect 5th January 1999. On January 15th 2015, a ruling of the Spanish Supreme Court had a significant impact on owners of timeshare. The supreme court ruled that all contracts signed after 5th January 1999 must be for less than 50 years, thus outlawing the practice of “Perpetuity contracts” which had been evident since the 1980’s.
It has also been confirmed that resorts are required to give clients a ‘cooling-off period’ and it is also illegal to accept any monies or have the client sign for any finance agreement during this period. The duration of this law (4/2012) is 14 days. In addition to this, any timeshare sold since 5th January 1999 must state the accommodation details along with when they are entitled to use it.
There are other factors to consider also such as whether you have a fixed week, floating week or points.
If there are any of the above in your contract you may have grounds to claim against your resort if purchased in Spain.
I hope this helps you, feel free to contact us again should you require further assistance.
See lessShould My Resort Compensate Me?
Dear Kimberley, Thank you for your asking a question and registering an account with Timeshare.Lawyer. To answer your question, we would first request in WRITING that you request a refund of your maintenance fees OR that they offer a suitable week elsewhere. If they are unable to comply with a solutRead more
Dear Kimberley,
Thank you for your asking a question and registering an account with Timeshare.Lawyer.
To answer your question, we would first request in WRITING that you request a refund of your maintenance fees OR that they offer a suitable week elsewhere. If they are unable to comply with a solution, your next step is to hire a local lawyer in the same state as your resort and arrange a letter to be sent from the lawyer and see if you receive a suitable solution.
I hope this answers your question.
See lessCan I Make a Claim Against My Cyprus Resort?
Dear Roy, Thank you for your question. I am not sure what you are asking here? we can only assume you are enquiring about any option to have funds returned to you? If that is correct I am afraid to tell you that in the instance you are NOT an owner, there is no option to pursue a claim whether thatRead more
Dear Roy,
Thank you for your question. I am not sure what you are asking here? we can only assume you are enquiring about any option to have funds returned to you?
If that is correct I am afraid to tell you that in the instance you are NOT an owner, there is no option to pursue a claim whether that be against the timeshare company or the loan company.
We hope this answers your question, if you have further enquiries or we have understood this incorrectly, please don’t hesitate to contact us again.
See lessI Still owe Money & My Timeshare Resort Won’t Let Me Out
Dear Brenda, Thank you for your question. So many people are struggling right now to pay the repayments, we hear this a lot and we are sorry for that. The truth is that I am not 100% sure if you are talking about maintenance fees or about the loan attached to your timeshare, so here is a response foRead more
Dear Brenda,
Thank you for your question.
So many people are struggling right now to pay the repayments, we hear this a lot and we are sorry for that. The truth is that I am not 100% sure if you are talking about maintenance fees or about the loan attached to your timeshare, so here is a response for both:
Maintenance Fees:
Maintenance fees are generally assessed by the number of units and weeks in a given resort, along with common areas, facilities, and operating costs.
It is also important to specify that these fees do not remain fixed. Due to changes in the economy, the maintenance of a timeshare changes every year. In some cases, a special charge is added to cover unpredictable operating expenses.
When maintenance goes up to the point that you cannot pay for it anymore, it is best to nip the problem at the root, and the best way to do that is by canceling your timeshare contract. Our advice regarding the payment of maintenance fees is that the consumer pays them because as long as the contract nullity is not declared, the said contract is valid and the buyers are responsible of their payment, which is used by the resort at their convenience.
Timeshare companies do not want owners to have an easy option to get out of the contract because their primary income is maintenance fees so often enough, they refuse.
If you have simply called them to ask about an option to cancel the contract, I would then send them your request in writing and wait for a response. That way, you have their reply in writing and have proof of it should you decide to take action against them in the future.
If by writing to them does not resolve your issue, (as they should now look at this as a more serious concern), then your next step is to consider legal advice from a timeshare specialist.
A Loan:
If you are talking about a loan attached to the purchase of your timeshare, a loan is a separate entity. It is like buying a car with a loan, if you sell the car you are still liable for the loan. In the timeshare, a loan agreement will run until the debt has been paid off.
Your first step is to approach the loan company to see if they can offer an affordable payment plan, again request this in writing. If you do not keep up with payments you could end up having to deal with a debt collecting agency or worse a County Court Judgement (CCJ) and subsequently a bailiff.
If there is no positive outcome where both parties agree, then your next step is to consider legal advice with a timeshare specialist experienced in these circumstances.
If you need any further assistance or clarification, please don’t hesitate to contact us again.
See lessWhat is a point system?
Dear Peter, Timeshare points are an increasingly popular alternative to owning a traditional, fixed-week of timeshare. Rather than owning the right to occupy a pre-determined sized unit within a particular resort, members of points-based timeshare clubs own a set amount of annually allotted units (gRead more
Dear Peter,
Timeshare points are an increasingly popular alternative to owning a traditional, fixed-week of timeshare. Rather than owning the right to occupy a pre-determined sized unit within a particular resort, members of points-based timeshare clubs own a set amount of annually allotted units (generally known as points).
The Point is the “currency” in which the value and price of the vacations at the point system resorts are established. Within the Club, each complex, each accommodation unit and each season have a value in Points; so you do not pay for your vacation with money but with the Points you have.
Instead of having a weekly participation in a specific resort and season, resort members will have points to reserve nights in the resorts of the contracted club, many of them supposedly spread around the world and with various travel and stay options.
The problem is that all of this is always subject to availability at the Resort’s discretion, therefore, when you try to book a desired vacation, the resort usually responds that everything is busy on those dates or that you do not have enough points to enjoy the chosen destination… Any timeshare still has availability restrictions and limitations, so you do not have complete freedom to plan your vacation.
I hope this answer will enable you to fully understand how points work. Should you have any further questions please don’t hesitate to contact us.
See lessWhat will happen with my timeshare if I die?
Dear Stacey, I am sorry to hear about your health, I also understand that when you have health issues, you do start to think of things like this. To answer your question, when a timeshare owner dies, the timeshare becomes part of the estate and the inheritors become the new owners and they are obligRead more
Dear Stacey,
I am sorry to hear about your health, I also understand that when you have health issues, you do start to think of things like this.
To answer your question, when a timeshare owner dies, the timeshare becomes part of the estate and the inheritors become the new owners and they are obligated to take over the timeshare fees. If the timeshare is unwanted, they will not be required to pay the fees.
Since old timeshare contracts typically include “in perpetuity” clauses, owners can be tied to these for life and they are then passed to next of kin. The “in perpetuity” clause basically means no end date. In Spain “Perpetuity” contracts are illegal and a lot of the timeshare resorts still active, do not have this clause in new contracts anymore but there are thousands of old contracts that still do. Check your contract and see if you have an “in perpetuity” contract or not.
In summary I don’t think you need to worry as they cannot be forced to pay the fees if it is unwanted.
Should you want further clarification, please don’t hesitate to contact us.
See less