Any contractual party that is relying on a contractual term to pursue a claim against another party must prove that they have a contractual relationship. Once they have done this, it is necessary to identify the contractual term that is being relied and (in the context of consumers that the contractual term is fair).
In the context of Clube Pria Da Oura, the issues are straightforward. Consumers are being told that they have a contractual liability for maintenance fees and that contractually this liability continues in perpetuity and that they have no contractual entitlement to resign from the Club. In any timeshare case, that may or may not be correct. Much will depend on the contractual documents.
We and others have repeatedly asked Petchy Leisure to disclose the contractual documents that they rely on to support its contractual claims. Such documentation is not forthcoming.
As far as we can tell the consumer purchases membership via a purchase agreement with a third party marketing company. The Club does not have a constitution, or at least we are not aware of the existence of a valid constitution which would be the method by which a Club would create legal relations with its members. In the absence of these documents, we are finding that we have no option but to advise the consumer not to pay disputed maintenance fees and to adopt the position that they are simply entitled to resign their membership in Club Pria Da Oura. In the circumstances, this is the only advice we can give. The full explaination is explained for you by Hermes Law LLP.
For more information regarding this article or assistance in any other timeshare related issues please contact the TCA on 01908 881058 or email: info@TimeshareConsumerAssociation.org.uk