“TESS acts for in excess of 1,000 timeshare owners, some have acquired timeshare contracts at Club Praia da Oura, a resort in Portugal, Europe.
The site was owned by Petchey Leisure, who experienced a significant amount of disgruntled owners who had a desire to leave the club and jettison timeshare ownership. TESS has and still is assisting many timeshare consumer owners including resisting claims brought against them by this and many other resorts.
Our client’s claim that, maintenance fees are overstated and those fees have been increasing since they acquire the timeshare or became a member of the club. As many of our clients are over the age of 70, ill, infirm and impecunious, they simply seek a termination, however, that quest is thwarted by the resort
Most timeshare owners are very aware that a timeshare can deliver good value if they: –
Deliver the individual or a family a secure holiday at a destination of their choice
Into the future and ownership has economical advantages.
In respect to the latter, our client’s have express concerns as to ever-escalating maintenance fees which they assert are not entirely transparent.
They further assert a timeshare “in perpetuity” can also be an extremely burdensome obligation, in circumstances where the maintenance fees are not transparent, are escalating and beyond what a consumer (often elderly and sometimes infirm) can afford.
In the context of Club Praia Da Oura, the issues are straightforward. Consumers are being told that they have a contractual liability for maintenance fees, that contractually liability continues “in perpetuity” and that they have no contractual entitlement to resign from the Club they are a member of. In any timeshare case, that may or may not be entirely correct as the assertion depends on the core contractual documents.
TESS has repeatedly made requests from Petchey Leisure to disclose the underpinning contractual documents that they (the resort) intend to rely upon and in support of their contractual claims. Such contractual documentation has not now or ever been provided thus may not, in fact, be available
As far as TESS can tell, the consumer purchases membership, via a purchase agreement and with a third party marketing company and to become a member of a Club, yet when asked to disclose the membership constitution they don’t thus have every opportunity to disclose it and refusing the request, the cannot assert the rules of the club do not permit a members to resign.
The constitution is a set of rules which if in existence would or could legally bind the Club to/with its members. In the absence of these documents, TESS can only advise the consumer not pay disputed maintenance fees and demand [from the resort] the contractual documentation. That said, if those documents do not exist, the club may have no right to impose the terms they do and against their purported members.
Posted on: 4th February 2016