A fee timeshare claim is a demand for compensation sent directly to the seller by a consumer who has been duped into buying a timeshare. The claimant warns the seller that they will take legal action and file a complaint with an appropriate public authority if their demands are not met.
Demand letters like this aim to resolve disputes between buyers and sellers through negotiation rather than through formal dispute resolution procedures such as litigation or arbitration. If negotiations fail, however, there may be no choice but to bring the matter before the courts in order to pursue your rights under one of these procedures.
The Federal Trade Commission estimates that more than 95% of consumers who buy “free” vacation certificates never redeem them — either because they don’t want the vacation, they feel deceived at the presentation, or they don’t respond to follow-up offers.
The company’s obligation is to provide you with a full refund of your purchase price and any fees paid within seven working days of either receiving back the product (if by mail) or collecting it (if at their offices), along with compensation for any damages that may have occurred as a result of them breaking these rules.
Any person who has purchased a timeshare should be aware of his contractual rights. The contract could prove very advantageous in terms of compensation if there is an early termination due to the seller’s breach of contract. Any claim has to be submitted no later than two years after the buyer signed the contract.
The public enforcement authorities most often applied to are Trading Standards (also known as Consumer Protection), which is part of the Department for Business, Innovation and Skills; or the Financial Services Authority (FSA). The legislation enforcing both these bodies varies significantly across Europe. To make matters more complicated, you might find yourself with conflicting laws if you visit another country with your timeshare. For example, in Spain, France and Portugal it is illegal to sell a timeshare that is not already occupied; whereas it is perfectly legal to do so in many other European countries. This means that if you go on holiday abroad with your timeshare, you could become liable under different laws.
Also be aware that force majeure could override any protection afforded by the law, and that you may not be eligible for this if your contract prohibits it.
IMPORTANT: This document is meant to provide background information and should not be considered legal advice. ALWAYS consult a lawyer before making demands of anyone or taking formal action. It might prove impossible to find an attorney familiar with the issues specific to timeshare disputes. If so, refer to local sources such as bar association directories, state consumer protection offices, and state attorney general’s offices.
When writing a letter like this, you must remain polite at all times; otherwise you risk undermining your attempts to settle the matter amicably and completely destroying any chance of compensation in due time.
In conclusion, a fee timeshare claim is a written demand for compensation sent to the seller by a consumer who has been duped into buying a timeshare. If negotiations fail, there may be no choice but to bring the matter before the courts in order to pursue your rights under one of these procedures.