Scroll Top

ITOA has a mission to provide clarity and trusted support for timeshare owners 

30 October 2023 

Article written by Chris Emmins, founder of ITOA and CEO of KwikChex 

ITOA has a mission to provide clarity and trusted support for timeshare owners 

As ITOA launches, news and events within the timeshare sphere continues to demonstrate the necessity for a resource that is driven by integrity, with the aim of minimizing risk and harm for timeshare owners – and which works to continuously improve the timeshare experience. 

European Timeshares 

In Europe, battles continue to be fought on the legal front, with new twists and turns arising. A recent ruling in the European Court of Justice (ECJ) appears to have significant implications related to claims being pursued in the Spanish courts by timeshare owners. Since 2015, when a Spanish Supreme Court decision ruled that many contracts for Spanish timeshare were unlawful owing to a breach of Spanish Law 42/1998, thousands of claims have been before the courts in Spain with many decisions in favour of the claimants. 

The ECJ ruling doesn’t affect the decisions already made by the courts – but looks as if it may have a profound impact on ones involving UK citizens, resident in the UK who had entered into timeshare contracts where the contract stated that English law would apply. This has been a contentious issue since the Supreme Court decision, and now, following a submission by the Spanish courts for a ruling by the ECJ, it has decided that English law should be applied. In essence, this would mean that Spanish courts cannot accept claims under Law 42/1998 when a) the claimant is a UK citizen, b) they reside in the UK and c) the contract has been written under English law by a UK registered company. Spanish courts will soon start indicating whether, in the light of the ECJ ruling, they will accept claims within this category. Updates will follow. 

In the UK, a court decision resulted in the likelihood of claims being settled that had previously been contested by financial institutions that had provided loans for the purchase of timeshares. It is important to emphasise that the claims affected concern fractional (not points) timeshare products and that claims will still be individually assessed by the finance businesses and the Financial Ombudsman Service. 

US Timeshares 

In the US, the legal battles between timeshare companies and timeshare exit businesses continues, with the former taking legal actions against exit businesses and law firms making claims and seeking to bring class action lawsuits against the timeshare giants, including Hilton, Marriott and Holiday Inn companies. And in another development, news outlets announced that Christian radio host Dave Ramsey, who has been a huge critic of timeshare is facing a $150 million class action lawsuit brought by people that ‘followed his advice’ to use a timeshare exit company he recommended. 

Timeshare Ownership Diligence and ITOA 

Timeshare is a global product, with citizens from many countries purchasing in many other countries. Laws have been introduced over the years in many countries to help protect consumers. In such a vast market, with millions of owners, situations such as the legal conflicts described above, often leave consumers bewildered – and there is certainly no shortage of predators looking to make thousands out of timeshare owners. 

Buying a timeshare requires consideration and diligence. Owning a timeshare means doing all possible to ensure that maximum value is achieved from the vacationing investment. Seeking to dispose of a timeshare requires at least as much diligence. The problem is that online advice and highly persuasive sales and marketing is all too often confusing and contradictory – and too many people fall into a situation they regret and don’t know what to do or who to turn to. 

This need for trusted advice and assistance across the timeshare spectrum is the reason ITOA has been created. ITOA’s structure and integrity, with exceptional governance, experience and transparency is the positive and unifying source that helps improve and protect. 

If you have questions about this article or about ITOA, please contact us via the contact page. 

Privacy Preferences
When you visit our website, it may store information through your browser from specific services, usually in form of cookies. Here you can change your privacy preferences. Please note that blocking some types of cookies may impact your experience on our website and the services we offer.