The following information is taken directly from the UK government website www.direct.gov.uk. The information is provided to inform consumers of their rights when purchasing goods or services. Additional information relating to timeshare is taken form www.ec.europa.eu
Consumer rights – an introduction
When you buy something the law gives you certain rights that protect you if it’s faulty. You may also have extra rights depending on where you buy the item and how you pay for it. Find out what your rights are and who can help if things go wrong.
Your consumer rights
When you buy an item from a trader (eg a shop or online shop) the law says the item must be:
- of satisfactory quality – last for the time you would expect it to and be free of any defects
- fit for purpose – fit for the use described and any specific use you made clear to the trader
- as described – match the description on packaging or what the trader told you
If an item doesn’t meet any of these rights, it is faulty and you will usually have the right to a:
- repair
- replacement
- refund
These rights apply to most items you buy from a shop, including sale items. You may have additional rights to these if you have a warranty.
If the trader makes a fault known to you and you buy the item, you can’t return it unless you discover a different fault.
You have fewer rights if you buy your item from a private seller, eg in an online auction or from a newspaper advert. The items only have to match the description given by the seller and be theirs to sell.
You also have rights if you buy a service or sign up to a contract, eg if you a hire a builder or join a gym.
read more: www.direct.gov.uk
These guidelines are intended for the purchase of goods and services, but the EU also provides additional information for consumers when it comes to dealing with timeshares.
What is "timeshare"?
Timeshare is the annual right to use accommodation during 1 or more weeks in a holiday property or several properties. In Europe, there are approximately 1500 timeshare resorts.
What is the EU doing about it?
The EU regulates aspects of timeshare, long-term holiday products, resale and exchange contracts.
New products and contracts were emerging that were not regulated. That was causing problems to consumers as evidenced by complaints on:
- Timeshare-like products e.g. timeshare in canal boats, cruise-ships and caravans or timeshare contracts for less than 3 years;
- Holiday discount clubs;
- Resale and exchange of timeshare schemes.
EU legislation on timeshare
In 2009 the new Directive 2008/122/EC replaced the old Timeshare Directive 94/47/EC with clearer and simpler rules.
The new Directive covers the market changes and new products e.g. holiday clubs, resale and exchange.
Key points of the new Directive
- Full harmonisation;
- Detailed rules on pre-contractual information;
- Cooling-off period is 14 calendar days;
- Prohibits traders or any third party from asking consumers for deposits, advance payment, guarantees, reservation of money on accounts, explicit acknowledgement of debt or any other during the cooling-off period;
- Specific payment rules for long-term holiday product contracts;
- Compulsory penalties (national) if the trader does not comply with the national rules implementing the Directive.
When did the new rules come into force?
The Directive came into force on 23 February 2009. EU countries have 2 years from that date to transpose it into national law. Several are late.
Read more: ec.europa.eu
At International Timeshare Refund Action (ITRA), our objective has always been to support the consumer in timeshare disputes and over the years of operating we have entered into dialogue with thousands of timeshare owners from which we have discovered a pattern of abuse, deception and even fraudulent issues that have been systematically perpetrated by many of the major timeshare industry players to the detriment of owners.
To find out more about the International Timeshare Refund Action please visit www.itra.net
No comments:
Post a Comment