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Timeshare & Holiday Club Claims

This is one of the more complex claim types.

#At a Glance
Difficulty ā­ā­ā­ Complex
Time to DIY 6+ hours
Potential Payout Ā£1,000ā€“Ā£50,000+
Time Limit Varies (typically 6 years)
Escalation Courts / Overseas enforcement

#What Is It?

Timeshares and holiday clubs are long-term agreements giving you rights to use holiday accommodation. Many were mis-sold through:

  • High-pressure sales during "free" presentations
  • Misrepresentation about investment value, exchange options, or resale
  • Hidden costs ā€“ escalating maintenance fees
  • Perpetuity contracts ā€“ binding you (and your heirs) forever
  • Cooling-off violations ā€“ not given proper cancellation rights

#Types of Claims

#1. Cooling-Off Period Violations

Under EU/UK law, you had 14 days (sometimes more) to cancel. If you weren't properly informed of this right, the contract may be voidable.

#2. Misrepresentation

If the seller made false statements that induced you to buy:

  • "It's an investment that will increase in value"
  • "You can easily sell or rent it out"
  • "Exchange options give you access to thousands of resorts"
  • "Maintenance fees are fixed"

#3. Perpetuity Contracts (Post-2015)

Contracts sold after January 2015 that last more than 50 years, or "in perpetuity," are likely illegal under UK law. You may be able to exit.

#4. Unfair Contract Terms

Terms that create significant imbalance may be unenforceable under consumer law.

#Am I Eligible?

#āœ… You may have a claim if:

  • You weren't given proper cooling-off rights
  • The seller made false statements about the product
  • Your contract is for perpetuity and was sold after 2015
  • You suffered high-pressure sales tactics
  • Maintenance fees have escalated unreasonably
  • You paid by credit card (Section 75 may apply)

#āŒ Claims are harder if:

  • Contract was long ago and you've used it happily for years
  • You're outside time limits
  • The company has gone bust with no assets
  • The company is in a country with weak consumer protection

#Step-by-Step Process

#Step 1: Gather Documents

  • Original contract
  • All correspondence
  • Marketing materials
  • Payment records
  • Credit card statements (if applicable)

#Step 2: Identify Your Claim Type

  • Cooling-off violation?
  • Misrepresentation?
  • Perpetuity contract?
  • Unfair terms?

#Step 3: Write to the Timeshare Company

  • Set out your complaint
  • Specify the legal basis
  • Request contract cancellation and refund

#Step 4: Credit Card Claim (If Applicable)

If you paid any part by credit card and the purchase was Ā£100+:

  • Section 75 claim to your card provider
  • This can work even if the timeshare company is overseas or bust
  • UK claims: County Court
  • Spanish timeshares: Spanish courts (many successful cases)
  • Consider specialist solicitors for complex cases

#Credit Card Claims (Section 75)

This is often the most effective route:

  • If you paid any deposit over Ā£100 by credit card, Section 75 applies
  • Your card company is jointly liable
  • Even if the timeshare company is in Spain (or elsewhere), your UK card company is not

Process:

  1. Write to card company citing misrepresentation/breach of contract
  2. Explain what you were told vs reality
  3. Request refund of all sums paid by card
  4. Escalate to FOS if rejected

#Spanish Timeshare Claims

Many UK consumers bought timeshares in Spain. Spanish courts have been ruling in favour of consumers:

  • Perpetuity contracts: Void under Spanish law
  • Floating weeks: Often ruled illegal
  • Supreme Court rulings: Several landmark decisions against resorts

Spanish claims require Spanish lawyers, but many operate on "no win, no fee."

#Warning: Exit Scams

āš ļø Beware of "timeshare exit companies" that:

  • Cold-call offering to help you exit
  • Charge large upfront fees (Ā£3,000ā€“Ā£10,000+)
  • Promise guaranteed exits
  • Turn out to be scams themselves

Legitimate options:

  • Direct negotiation with the resort
  • Credit card claims
  • Regulated solicitors (check SRA Solicitor Checker)
  • Resort's own exit programmes (some exist)

#Common Questions

Q: I've had the timeshare for 20 years ā€“ is it too late?

Time limits vary. Section 75 is 6 years. Misrepresentation claims run from when you discovered the problem. Perpetuity challenges may still work.

Q: The company offered to "buy back" my timeshare for a fee ā€“ is this legitimate?

Almost certainly a scam. Legitimate buybacks don't require you to pay. Be very suspicious.

Q: Should I use a claims company?

For timeshare, specialist legal help may be worthwhile for complex cases. But check they're SRA-regulated and understand their fee structure. Start with a Section 75 claim yourself first.