Timeshare Consumer Guides

Details of companies who comply with TATOC's re-sale code of ethics and code of conduct.

TATOC only provides details of re-sale companies that comply with the TATOC Resale Code of Practice for companies offering a re-sale service to timeshare owners. The TATOC Code of Practice is comprehensive and requires the company to fully comply with EU regulations that came into force in the UK on the 23rd February 2011.

For consumers invited to a meeting by a so called resale company to sell their timeshare but who succumb to a pitch to buy into a holiday club.

IMPORTANT NOTE: This guide applies to transactions that took place prior to implementation in EU
Member States of European Directive 2008/122/EC. Implementation took place on the 23rd February 2011. Please contact the TATOC Consumer Helpline for further information if your purchase was after this date.

For RCI Points owners looking to sell their Points.

When people who own a timeshare week convert to the RCI points system the resulting ownership is a combination of timeshare week/s and RCI points. RCI do not take ownership of timeshare weeks but give the owner an annual allocation of RCI points in exchange for the 'right-of-use' of each timeshare week. The points RCI allocate in exchange for this right of use are known as 'RCI cession points'.

For consumers approached by a company who say they can help claim back money paid to another company.

There is a great deal of concern within the industry and consumer bodies about companies who target timeshare owners promising to take action to recover money they have lost in unhappy deals with timeshare marketing companies, resale companies, other holiday products such as holiday packs & Discount Travel Membership Clubs, Cash-back schemes, reclaim certificates, etc. often claiming to be acting in conjunction with local or national government agencies to recover lost money.

An explanation of the role of timeshare trustees.

When a consumer purchases timeshare, they purchase 'occupancy rights' in respect of certain holiday accommodation belonging to the developer. The nature of the 'occupancy rights' is defined in the timeshare contract.

The most common structure for Timeshare in the UK, and also used in other parts of Europe, is the ‘Club-Trust’ structure. The other common timeshare structure, known as 'escritura', (meaning “deed”) is sometimes used in Spain and Portugal whereby the consumer is given an 'escritura' (or title deed) as proof that he/she is the owner of a particular week or weeks in a specific property. This can be registered at the local Land Registry and is similar to house buying in the UK as it guarantees your ownership rights.

Details about the Timeshare Directive which came into force in 2009.

A new timeshare directive - Directive 2008/122/EC - for the “protection of consumers in respect of certain aspects of timeshare, long-term holiday products, re-sale and exchange” was passed by the European Parliament in Strasbourg on 22nd October 2008. There was an overwhelming majority in favour of the Directive with 674 votes for it, 11 against and 10 abstentions.

For a variety of reasons it sometimes happens that timeshare owners no longer wish to, or are no longer able to, continue with their ownership. It could be they can no longer afford the annual charges, maturing years/health have made it difficult to travel, they may have lost a partner, etc, and they are no longer able to use their timeshare asset. In many cases family/friends have no interest in taking it over and people often find it difficult to sell their timeshare second hand. Indeed, in some cases owners are willing to give their timeshare away but cannot find any takers.

Information on DRI resignation of weeks ownership

Diamond Resorts International weeks owners have a voice through elected committees with a chairperson. We recommend owners who require information on resignation contact their owners committee for the most up to date information.

Information on DRI selling or resignation of points ownership

If you wish to sell your Points, there are four options available to you (in accordance with the Articles of Association of the European Collection , Article 8 (h) (ii), “Transfer of points and points rights”), which are as follows:

Information for consumers approached by marketing companies offering bonus weeks.

A number of companies are making unsolicited calls to timeshare owners offering one or more extra-weeks or bonus-weeks of holiday accommodation at discounted prices. They may know some details of your timeshare ownership and may suggest the offer is a reward for your long-term ownership of timeshare or membership of a recognised timeshare company such as RCI or II. They may say, or strongly imply, they have been authorised by the company to contact you on this basis. This is unlikely to be the case and, if they claim to have been referred to you by your timeshare or exchange company, ask them for your ownership/membership number and check it.

When you purchase a week of timeshare, points in a timeshare points-club or other long-term holiday ownership products an initial purchase price is paid to the vendor for which you receive the right-of-use of the product for a given number of years.

For consumers who paid by credit card or dedicated loan and feel they have been missold or believe the product has not delivered as sold.

When you pay for goods and services using a credit card or specific loan agreement you are entitled to consumer protection under the Consumer Credit Act of 1974 (often referred to as CCA74). Under Section 75 of this Act customers who have a claim against a supplier for breach of contract or misrepresentation will generally have an equal claim against the credit-providing company.

For consumers who paid by debit card and feel they have been missold.

When you pay for goods and services using a credit card or specific loan agreement you are entitled to consumer protection under section 75 of the 1974 Consumer Credit Act. However, this Act specifically excludes debit cards and charge cards where the whole amount must be repaid each month. For more information on making claims under the Consumer Credit Act please see TATOC Timeshare Guide No 82.

For consumers receiving unsolicited calls from resale or other companies.

Timeshare Owners are frequently pestered by unsolicited calls from companies who have considerable information about their timeshare ownership. Contrary to what these companies often say there is no general database of timeshare owners to which they can have access. Every timeshare company, whether a timeshare resort, a management company or an exchange company, rigorously guards their members' data for commercial reasons as well as to comply with data protection regulations. However, with modern technology the challenge of data security is an increasingly difficult one. As you may have heard through recent media coverage even Government agencies are having difficulty protecting the security of highly sensitive data.

Information for consumers approached by a company offering to take-over, terminate or rent out their timeshare.

For too long there have been a number of unscrupulous companies who target timeshare owners saying they have a buyer for their timeshare product, often for grossly inflated prices, but require a substantial advance payment or require the owner to attend a “meeting”. These arrangements almost always end up in disappointment and loss of money for the consumer. (For information see Timeshare Consumer Guides No 12 &13).