Timeshare products are subject to strict laws in many countries. If you feel you have been misled, you should first contact your timeshare company in writing and tell them why you believe this to be the case.
In general terms, when you purchased your timeshare, you should have been provided with a cooling off withdrawal period and should not have paid any monies during that period.
The timeshare seller should have followed compliance procedures and ensured that you understood your rights and the nature of the product and asked you to confirm by signing documents that this has been carried out.
Advice on current laws within the EU can be found on this link –https://europa.eu/youreurope/citizens/travel/holidays/timeshare/index_en.htm If you believe that the seller did not comply with these laws, we advise you to first check your documentation and if you still feel the sale was not legally compliant, explain this to your timeshare company and ask for an urgent response.
Note also that the laws do include a range of timeshare and related products, including timeshare resale and what are referred to as long-term holiday products.
Prior to the current laws, other laws did apply and these may vary from country to country, even if the countries are now a part of the EU. Other laws may also apply in non-EU countries.
In particular, one element of Spanish law has been noteworthy in recent times. A Spanish Supreme Court ruling dictated that timeshares sold in Spain from 7th January 1999 and up until the current EU laws took effect could not have a term longer then 50 years. Sales made during this period of Spanish timeshares may therefore have the possibility of being declared null & void by a court if they do exceed 50 years. There are some complexities and other elements regarding the ruling, including, (for example) with regard to the specific identification of the property within the contract and whether your rights, including a cooling off period were properly and compliantly explained to you.
A significant number of court cases have taken place, based on the Supreme Court ruling and in many cases, compensation has also been awarded to owners. Regrettably, there have been many rogue businesses taking advantage of the precedent and it is essential that owners carry out exceptional due diligence and use only genuine, qualified and expert businesses. We recommend that you use a comprehensive questionnaire process that will help you to check the most important elements, including previous histories of businesses – click here to view and download an example questionnaire.
You can also use the Checking and Decision making section on this website to examine information on businesses.
If you are not satisfied with the response you receive from your timeshare company
If they are a member of the Resort Development Organisation (RDO),you can take your complaint to RDO. You can find details of members and the services provided to consumers related to members on this link – http://rdo.org/
You can contact Citizens Advice