Recently we have been contacted by a number of consumers regarding what seem to be rather cheap holidays that are being offered by a company called Platinum Weeks.
Upon investigation we can find no evidence that this company is registered either in Spain or the UK, as such it is a non-entity. The company website states that their UK address is 43 Berkeley Square, London W1J 5AP. This address is no more than a serviced office, with approximately 277 companies registered. https://suite.endole.co.uk/explorer/postcode/w1j-5ap
So already we are not off to a very good start.
Another point of concern is that they are mounting a cold calling campaign which is almost certainly in breach of European General Data Protection Legislation (GDPR).
So what exactly are they offering?
The Offer
The caller offers cheap foreign holidays at approximately £168 per weekly stay. Given the general cost of such holidays, this would on the surface appear to be excellent value for money, but all that glitters is not always gold. Included in the offer are a number of flight vouchers valued at £20 each, unfortunately these vouchers cannot be redeemed with the budget or low cost airlines; such as Ryanair or EasyJet.
Reading between the lines
This offer falls under the category of what is known in the industry as a “Fly Buy” or at worse a “Bait & Switch”. This means that each booking will have strings attached. Most, if not all the holidays will be at timeshare or holiday club resorts. Clause 8 of the terms and conditions issued by Platinum Weeks states:
Clause 18
“Whilst on your break you will be required by the resort, hotelier or marketer to attend a products and services appointment, a time will be agreed with you on arrival or prior to your stay. During the appointment the marketing team will discuss with you their products and services. Please be aware you are under no obligation to buy or enter into any contract but you must attend the products and services appointment. Failure to do so without an agreed upon reason will result in you paying the full rental cost of your accommodation”
So in English, you must attend a “presentation” which will undoubtedly be a hard sell to try and persuade you to buy a timeshare or similar. This is what is known as a “Fly Buy” holiday; you fly and then you buy! So the “bait” is a cheap holiday and the “switch” is that hopefully you buy something that you were not planning to purchase prior to your departure.
Cooling Off
Unfortunately, according to Platinum Weeks there is no cooling off period as it is not required by law. This we find rather strange because looking at the EU Consumer Rights Directive 2011/83/EU, this clearly states that in the case of an off premise transaction i.e internet or telephone sales then buyers should be offered a 14 day cooling off period.
The Directive also reinforces consumer rights by stating that if the trader fails to inform the customer about their right to withdraw, the period is extended to 1 year.
The EU Directive is for general consumer protection and not specifically relating to holiday or long term holiday products. The EU Directive 2008/122/EC covers specifically timeshare. Some retailers may argue that if the term is less than 3 years then the 14 day cooling off period does not apply. This is true but does not remove your general consumer rights. Equally the contracted term must be clearly specified as shorter than 3 years i.e. 2yrs 11 months.
The Audit Trail
Whilst the transaction takes place between Platinum Weeks and the consumer, the contract Data Protection reads differently. It states that the invoicing and data protection is handled by Easy Consulting SL. This company is a registered in Spain, based in Alfaz del Pi in Alicante with the sole Director being a Mr. Paul David Body. Upon further investigating we have found that Mr Body previously ran a similar company called Bonus Weeks SL.
Furthermore it appears that there is another unregistered company called “Exclusive Time Online”, which bodes a very similar modus operandi as Platinum Weeks and shares the same address.
Though the consumer contracts Platinum Weeks, the creditor shown on the purchaser’s debit or credit card statement is The Travel Shop in Alfaz del Pi. Strangely this company does not appear to have any internet presence, which is very unusual for what one would assume is a travel agency and neither do they appear to be registered in Spain.
Conclusion
Platinum Weeks cold calls their prospective victims, they are not registered as a bona fide company, their contact address is dubious to say the least and they do not respect European contract law, so all in all they have a low trust factor.
On the positive side, if you are looking for a cheap European holiday, can afford to give up a day for the pleasure of attending a high pressure sales presentation and have the strength and ability to say NO at every opportunity, then this product may well be your cup of tea, especially given that “clause 18” clearly states “Please be aware you are under no obligation to buy or enter into any contract” which of course is in line with European law.
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