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The First Issue

The issue which many face in respect to various resorts is the fact that some resorts have, are or want to interfere with the timeshare contracts, owned by the consumer.

In particular some timeshare holders have i.e. fixed weeks. Many questions are being raised on the subject and many stories are circulated therefore I repeat the advice “until you are sure , do nothing”.

Clearly when a resort wants to do something, it will consider all the facts, investigate matters, calculate risk/potential costs/impacts and then choose to do  something or not.

If, a resort has a genuinely good idea it would consults the people which that idea/proposition effects. They would discusses it (with those people), be upfront, open and transparent. They would provide clarity to issues aired, give people information so as to afford them the ability to weigh matters, consider and conclude in a just and reasonable time frame.

Do you agree with all that principle?

If so, apply that to what is happening in the case of your particular resorts proposal. What has occurred?

The resort owners have discussed it with the industry and agreed all matters without any single independent consultation with any consumer group (other than and industry sponsored one).

Then they have decided, the proposal is presented as the only way, “as they no best”

They suggest if you (the consumer) don’t do it, you will lose even more so, the resorts idea is dressed to create the illusion that they are the good guys and they look after your best interest.

Does that sit right with you?

They give you a shock exit price and say “if you won’t accept what we are telling you and want out of your timeshare if will cost you £xxxx”. Have they done this?

This is to shock you and panic you.

In well thought out plans the offeree always does this, as it send out a shock so as to generate  fear , once that fear is out the next step is to give you a better offer (the calm)or say the offer has limited numbers, you need to take it” a disaster will happen if you don’t”. It’s called physiological selling and creates a need, a fear you’re missing out or you need to do what we say, -and fast-

It’s the same illusion they used when they sold you the timeshare in the first place.

If you’re not sure do nothing!

I am certain they will drop the price. If they do and they follow this pattern it tells you that it’s an orchestrated plan. You have to consider why are they doing this? What’s in it for them? Is the resort caring, empathetic, kind and benevolent?

The man selling, setting up costly meetings, tendering single sided unsubstantiated advices, creating a need, an urgency and saying “you have to do it now”! “yes right now” -it’s a good pill to take —trust me-, “I know best look at my posh car and clean expensive suit”!

If you’re unsure do nothing!

If they claim the resort is in trouble ask yourself why is it in trouble? Have they not managed it!

It is like a self declaration they are bad at their job.

They might say it’s because people are not paying maintenance fees and handing back their timeshare. If you the consumer don’t act the resort will go bust in a few years!

The consumers should respond saying “why are they leaving”? Do they feel cheated? Have you (the management) upset them? Have you done you job properly?

If the resort was  administrated properly, fairly and with ethical policies ask “why would they leave? They would be mad to leave such a delightful club.

Again, are they good at what they do?

I very wise man said “if you do the same experiment over and over again and get the same result and that result is wrong then change the dam experiment.

In the case of timeshare for years and years the same companies, the same people, management and principles have been operated, year after year the industry jumps from the  frying pan right back in the fire,vice versa and over and over again.

Each and every time a change occurs someone benefits and it’s not the ones who keep paying for the mistakes or picking up the pieces, is it? The one picking up the pieces is you the consumers.

Consider the principle all things being equal the simplest explanation is generally the right answer”

Not sure don’t do anything!

If you want change, if you want a new day, then up must wake up and pay attention. Check out matters, not with just us, but check things out so as to satisfy yourself that what you want and expect is right andright for you, your family and co timeshare holder. The entire power is with you.

As you can appreciate we were not in the loop on these changes but have worked as hard as we can to get information to keep up the consumer updated.

To do that and to deliver the information I am sure you will find errors, spelling mistakes, miscomprehensions and the like. If that makes you lose confidence in us “so be it”, if you disagree with some or all of the points we rise that again that is you position and it’s not for us to say you are right or wrong.

We are merely providing you with information from another angle. Without doubt you the consumer should take information from other sources other associations, then contemplate the issues and conundrums and if and only if you are happy to act then act, as the actions you take will affect you not us.

Consumers traders resorts are not permitted to pay us, donate to us or incentivise us in these issues as that act will contaminate the offering we make to you, the consumer.

Staff, who work at the TCA do so free of charge and receive no pay no expenses and no allowances. No payment should be offered and certainly no payments will be accepted.

We have nothing to gain in this matter and everyone of you should seek advice from anyway you can.

If this generates suspicion and doubt and you are not sure, then do not act. Seek the advice of others. After all we guarantee nothing, you don’t know us and therefore you should treat us with the same level scepticism

The second issue 

Your Resort clubs

This advice has been a long time coming is very boring, in-depth and gives you the answers to what I hope, is every question in respect to what the club can and can’t do, including but not limited to, the proposed changes in your timeshare. Taking it off you or demanding something off you!

I do appreciate that some will want a short version and below I have provided that:-

Summary of Advice

You belong to unincorporated association. The purpose of that association is to maintain, protect, improve and administer the resort for the benefit of the timeshare owners.

The club has no right in contract or law to alter in any way the purpose of the club without 100% agreement of all the members (unless a clear drag-along right is in existence in the contract/constitution). No matter what the committee say or do this purpose cannot be altered.

I confirm I have not seen any such Drag alone right clause in any timeshare constitutions/contracts

In the event a clubs  purpose is altered without 100% approval, the institutions, committee members, or persons who altered it by way of colluding, promoting or acting will be liable for reasonable and consequential damages and to the owner of the timeshare.

In the event two or more entities have conspired to provide an event whereby they have made a gain to the detriment of others then they will be held to account and (if proven) held entirely liable for any and all costs in returning the matter to its pre event position

The entire advice has been provided free of charge by Practical Law and for Timeshare consumers. The entire report in part of whole belongs to each and every consumer and they are can copy that report and use if for what every purpose they so choose. We sincerely thank PL for their kind and generous offering and on behalf of each and every consumer who

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