Thousands of Britons trapped in onerous timeshare or “holiday club” arrangements
Many are forced to pay annual fees for few or no benefits. They could be given an escape route as their contracts are effectively “null and void”. Some might even be able to claim refunds.
These rip-off agreements could completely unravel as a result of a court ruling against “perpetual” timeshares. Soon-to-be-implemented Europe-wide rules are expected to back the decision.
Data shared with Telegraph Money suggests that 100,000 timeshare contracts are affected. Figures from the timeshare industry show that around 12% of the 850,000 timeshares in Europe could now be considered illegal. Therefore owners are due a refund of all money spent, plus interest and legal costs.
While “timeshare” often describes legitimate arrangements where, typically, consumers buy fixed weeks each year at a set resort. The term is also used to describe a vague package of benefits. Supposedly attached to a range of resorts, where customers risk being locked into unfair terms.
The latter, sometimes called “holiday clubs” or “floating timeshares”, are notorious. Owners found they had unwittingly agreed to pay hefty annual fees that were supposed to continue after their death, with the obligations passing on to their children or heirs.
Reports have surfaced of people in care homes being forced to pay for timeshares they could not use. As well as relatives of deceased owners being hounded for money.
The Timeshare Consumer Association (TCA), an independent lobby group representing timeshare owners, told Telegraph Money that up to 60pc of agreements were being enforced by providers against the owner’s wishes.
Of the 850,000 timeshare arrangements in Europe, 30% of owners are in dispute with providers, the TCA said, with many refusing to pay.
What has changed?
A Norwegian woman was awarded more than £28,000 by the Spanish Supreme Court in March, giving fresh hope to Britons locked in similar arrangements.
In the case against the Gran Canaria-based Anfi Group, the judge ruled that “in perpetuity” clauses broke a Spanish law which states that no timeshare agreement signed after January 15 1999 can last more than 50 years. This rendered the whole contract invalid, and the court ordered Anfi to refund all payments as well as interest and legal fees.
Politicians in Brussels are now reviewing relevant timeshare legislation. Seeking to apply tighter rules retrospectively, with enforcement expected “later this year”.