As explained, timeshare contractual documents, terms and conditions are authored by resorts of which consumers were not invited to or given an opportunity to express what they wanted the contract to deliver.
For the avoidance of doubt, consumers should not submit to any legal jurisdiction other than their homeland law. If a resort fails to action timeshare matters in your domiciliary, they are obliged to inform the court of your position. Not to do so would deprive the court of reasonable information.
If parties are unable to agree on the jurisdiction, the court will be aware that you are an EU citizen and protect you under its laws and regulations.
Consumers should refer to EU Regulation 44/2001 (commonly referred to as the Brussels Regulation) which regulates jurisdiction for all EU member states and/or the Lugano Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters (the Lugano Convention) regulates jurisdiction between the EFTA states on the one hand (Switzerland, Iceland and Norway (Liechtenstein did not ratify The Lugano Convention)) and EU member states on the other.
International judgments are moot in the UK unless the resort country has a money treaty with the UK. Consumers and resorts should be aware that no such money treaty exists between the UK and many countries.
As no treaty may exist with respect to an enforcement order for judgments, resorts may be unable to enforce a debt against a consumer in the UK.
To have effect in the UK a resort is obliged to seek the High Court’s indulgence in the registering of the debt and against a consumer.
A resort is therefore required to seek permission from the High Court of Justice in England.
Upon receipt of a request, the High Courts are obliged to be satisfied that particular conditions have been met.
Full, complete and translated documents are required as well as particulars of information.
If an application is received, judgment may be registered, however at all times and whilst in the jurisdiction of the UK resorts will have to concede to all English rules and CPR procedures.
The action to enforce any judgment in the UK is an action in Common Law. In contrast to the Brussels Convention, The Common Law rules are more onerous and very restrictive.
For a non EU judgment to be enforced in the English courts they must be satisfied that: –
- the foreign court had jurisdiction to render the judgment;
- the judgment accords to the English rules of private international law
The subject matters in timeshare disputes are very testing, and an application for summary judgment in the UK attracts a very high barrier of proof from the resort.
It is, therefore, a test of fairness, conduct and reasonableness which is tested by the UK courts.
Last modified: 28th August 2020