What You Need To Know About Timeshare Claims | Sarah Waddington Solicitors

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In recent years there has been an increasing number of cases where compensation claims against timeshare resorts have been successful. This legal precedent set by the Spanish Supreme Courts means that following cases that are similar should be treated in the same way as the according judgment which was laid out in the precedent case. It is these precedents over the years that have been vital in the facilitation of timeshare owners claiming compensation against the timeshare resorts.

If you think that you could be entitled to compensation, then take a look at our overview below which details the most common criteria for being able to successfully make a timeshare claim.

  • In Perpetuity Timeshare Contracts

This type of contract has become infamous amongst the timeshare industry and for decades has been causing issues for timeshare holders who didn’t fully understand when they signed their agreement what they were getting themselves into.

An ‘in perpetuity’ contract agreement is one which either lasts for more than 50 years from the date it was signed which is the maximum legal limit or has no end date specified. If your contract falls within these circumstances then it is possible that you could have a strong claim for compensation.

However for cases where the terms fall under 50 years but are still long enough to likely exceed the life expectancy of the timeshare holder, the options are not as clear cut but it is still worth seeking professional legal advice from a timeshare solicitor to go through your contract for you and investigate any potential options.

  • Mis-sold Timeshare Agreements

There are quite a few circumstances that can fall under the umbrella of being mis-sold a timeshare contract, so it is well worth thinking through the events surrounding your agreement, how the process was handled, the signing of the contract and the weeks following.

Being mis-sold can include cases where the timeshare owner was a victim of illegal and unethical sales practices such as being pressured into signing, not given proper time to read through the paperwork or being promised they could sell it back to the company.

There are also those that come under ‘misrepresentation’ which includes things such as the property being different to what was promised or described whether that’s the location, facilities, fees or false guarantees of you making a profit when you sell.

Cooling off periods are also something that a lot of timeshare companies over the years have failed to adhere to. This means that if you were not given the legally required 14 days after signing to be able to reconsider and rescind the contract with no consequences then they have breached the EU timeshare directive. This is also true if they required or took any payments from you at all during that cooling off period.

In cases where you can prove that your timeshare was misrepresented, mis-sold or that the cooling off period was not adhered to then you could have a case to make a claim.

  • Floating Week Timeshares

Floating week timeshares are meant to work by giving timeshare holders a range of weeks from which they are allowed to choose from each year, often requiring them to log onto a system and book their chosen weeks in competition with the other timeshare owners. However, rather than giving the flexibility that they promise this is almost always unpredictable, unreliable and many end up without being able to use their timeshare whilst still being expected to pay their fees.

Many of these types of timeshare contract have been deemed as illegal with the timeshare companies being forced to pay compensation so if this is relevant to your contract then it could be worth finding out if you could be entitled too.

  • Timeshare Points Clubs

Often sold or represented as ‘exclusive memberships’ or ‘luxury clubs’ the word timeshare is often intentionally completely absent from these types of contracts but nonetheless that is exactly what they are.

They work by taking upfront fees as well as ongoing fees in exchange for points which can be used to secure ‘exclusive accommodation’ but often the holidays have limited availability like with the floating weeks and end up costing more than simply booking a holiday.

There have been cases where the resorts offered the best dates to staff over those paying for points, or decided to simply list the resort as unavailable at certain times or even those where it doesn’t even exist!

Could You Be Eligible To Make A Claim?

If you think that your timeshare contract is unlawful, that is was mis-sold to you, the property was mis-represented or that the circumstances surrounding the agreement were not above board then it could mean that you have grounds for a claim. However, timeshare law is extremely complex and these unethical companies have no qualms with dismissing and ignoring individuals who attempt to go up against them.

To find out if your case is eligible, get in touch with the experts at Sarah Waddington Solicitors who will provide honest, transparent and straightforward advice and guidance on how to proceed with your claim.

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