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Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return.
If your timeshare agreement is covered by the timeshare regulations, you get a 14 day cooling-off period during which you can change your mind. This period usually lasts 14 days from the day you signed the agreement, but it can be extended under certain circumstances. For example, the cooling-off period is extended if you haven’t been given certain written information about your right to cancel.
Some timeshare agreements aren’t covered by the timeshare regulations and so you don’t get an automatic right to a cooling-off period.
Tenerife is part of Spain who is a member state.
Therefore you can cancel within 14 days and you can get your money back.
Alex- The contract specifically states that it is a leisure pursuits contract and is not time share but the presentation included a reference that they would negotiate an end to our existing timeshare contract. They used scare tactics telling us that our existing contract could not be terminated without their assistance and that maintainance fees could be payable beyond the grave and our children would face the chareges or our estate cpuld be frozen to meet them.
You need to cancel by telephone, email and in writing by sending it via an overnight courier so it is signed for.
Is it for a period of time abroad etc?
What words do I need to use?
No it is for points that can be used to access leisure bpursuits and holidays.
Yes this is in effect timeshare.
You just need to say: Pursuant to the agreement signed on xxx date that this is notice that I wish to cancel and receive a full refund
Should you fail to do so within 14 days proceedings will be issued against you without further notice.
So what words do I use to cancel?
Is therea European law I can quote?
Timeshare Act 1992
But they say it is not a time share contract.
It is though, points are timeshare. They can argue the toss in Court./
I was hoping that it wouldn't have to go to court. They say that the contract is for leisure goods and services. Doesc that allow for a cooling off period?
Leisure services no. But if it smells like timeshare, tastes like timeshare and looks like timeshare then it is.
My research indicated that having paid a deposit all contracts were subject to a 14 day cooling off period and if that was not offered (as in this case) this could be extended. Is that not correct?
That is correct, the clock does not start ticking until you have been given cancellation rights. But it would be best to cancel within this 14 day period if you can. Alex
I trust that this resolves your question, if so I would be grateful if you could take a moment and rate the service I have given you, which I hope has been excellent, as it is an important part of the process. If you need more help or information then please click reply. Alex
So what European law applies to contracts other than Timeshare?
This is timeshare so that would apply here. Contract in the UK is common law so no legislation save where prescribed by law such as Sale of Goods Act etc.
Ok we hope this will do it
All the best and do please remember to rate my service to you today. I hope it has been excellent.
Sorry not totally satisfied.
What else can I help you with today about this?
I obviously want to get a good rating from you.
I need something (other than timeshare Act 1992) to quote.
You have posted this in the UK Property Law section. I can advise you on UK law and which laws apply in terms of governing your contract, but I can not give you Spanish legislation as I am a UK lawyer.
You can also see advice from the CAB that also states about timeshares in Tenerife at: http://www.adviceguide.org.uk/wales/consumer_w/travel_leisure_and_food_e/consumer_holidays_e/consumer_problems_with_timeshares_e/cancelling_a_timeshare_agreement_during_the_cooling-off_period.htm
Then can you refer it to the correct representative? It did state tah we were in Teneriffe.
You do also have the
That states at Reg 7
(1) A “timeshare contract” means a contract between a trader and a consumer—
(a)under which the consumer, for consideration, acquires the right to use overnight accommodation for more than one period of occupation, and
(b)which has a duration of more than one year, or contains provision allowing for the contract to be renewed or extended so that it has a duration of more than one year.
This therefore covers you.
That is a Regulation and specific clause.
Does that help you?
Not really as it refers to timeshare.
Not quite, it states you get the right for use overnight accomodation
I don't think that will suffice.
If you signed your holiday club agreement on or after 23 February 2011, you can cancel your agreement annually. This means you have the right to end the agreement every year when your membership fee is due.
If you signed your holiday club agreement before the 23 February 2011, you won't be covered by the timeshare regulations. This means you don't have an automatic annual right to cancel your membership.
Therefore it is covered by the Regulations as I have previous stated for you.
It specifically states: "Holiday club agreements signed in a European Economic Area (EEA) country are protected by The Timeshare Regulations."
No annual membership fee- a one time payment.
Yes. I understand. You paid a deposit and it is subject to cooling off because you are buying accomodation
They are trying to get around the law, which they can not do.
They can call it what they want, but as I said, if it looks like timeshare, smells like timeshare then it is timeshare.
Ok I will try it quoting Timshare Act 1992. But I am not filled with confidence.
And the 2010 Regulations.
You have only paid £2k though right?
Yes that is correct but a furter 12k is due.
Yes thats ok then. In that case it would be very easy to sue them in the small claims Court'
As I have given you additional resources and law might I invite you to reconsider your rating please?
Thank you but I am not fully satisfied that I have been given a fully satisfactory solution to my problem.
How else can I help you today then
Obviously I want to be fully satisifed.
It seems that you can't.
It is never very good when someone is not fully satisified and it is my goal to make sure that you are.
In fact it makes me very sad.
Sorry I don't see any future in continuing this correspondance.
I am able to assist with anything involving UK law.
I see you have now given me 2 poor ratings even though I have quoted you the law and directed you to confirmation of my answers from the Citizens Advice.
But the point is it is not UK law.
You did post it in the UK law category.
Forgive my ignorance of your system. But I continue to be discontent with the answers provided.
Yes I can see that by the 2 poor ratings you have given my UK Law answer.
Even though I have told you which legislation applies and indeed you have said you are going to use that knowledge.
There is no need to reply as the system thinks you are stuck and will show up in my inbox as requiring assistance.
I have stated that your answers do not give me confidence that it will resolve my problem because you quote UK law. I suggest we terminate this correspndance and I will seek advice elsewhere.
All the very best of luck with this and I do hope that you manage to get it resolved.
You are most welcome/.
Of course if it turns out my answer is useful in future I would invite you to re-rate my answer.