Updated - June 18th, 2007
It has come to my attention that some of the web links below have expired or are no longer active. Whatever the case leave a message if there is an area you looking for and I will do my best to track it down for you… You can also send me a message within the message not to post your comment. If it is of a sensitive nature, I would need a contact email, phone etc. to get back to you with the answer if I can find it.
Directive 94/47/EC of the European Parliament and the Council of 26 October 1994 on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis
Under : Article 2
For the purposes of this Directive:
Contract relating directly or indirectly to the purchase of the right to use one or more immovable properties on a timeshare basis. Hereinafter referred to as 'contract. shall mean any contract or group of contracts concluded for at least three years under which, directly or indirectly, on payment of a certain global price, a real property right or any other right relating to the use of one or more immovable properties for a specified or specifiable period of the year, which may not be less than one week, is established or is the subject of a transfer or an undertaking to transfer.
'immovable property` shall mean any building or part of a building for use as accommodation to which the right which is the subject of the contract relates, 'vendor` shall mean any natural or legal person who, acting in transactions covered by this Directive and in his professional capacity, establishes, transfers or undertakes to transfer the right which is the subject of the contract,
- 'purchaser` shall mean any natural person who, acting in transactions covered by this Directive, for purposes which may be regarded as being out with his professional capacity, has the right which is the subject of the contract transferred to him or for whom the right which is the subject of the contract is established.
http://www.ote-info.com/
NETHERLANDS: Contacts
Consumentenbond /Translate to:
consumer association Enthovenplein
1 Postbus 1000 2500 BA Den Haag Nederland Tel. (31-70) 445 45 45 Fax (31-70) 445 45 96 1e) Koos Peters,
kpeters@consumentenbond.nl 2e) Wibo Koole, wkoole@consumentenbond.nl Website: www.consumentenbond.nl
http://ec.europa.eu/index_en.htm
ACT:
http://eur-lex.europa.eu
http://europa.eu/scadplus/leg/en/lvb/l32016.htm
Directive 94/47/EC of the European Parliament and the Council of 26 October 1994 on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis.
If you believe you were misled:
http://www.ote-info.com/index.php?option=com_content&task=view&id=26&Itemid=4
If your complaint concerns a non OTE member timeshare seller in the UK and you are outside the 14-day cooling-off period before you discover that you have been misled. You can take up the matter with your local Trading Standards Office, which will handle the matter as a free service. In addition to the Timeshare Regulations of 1997, there is also a considerable amount of consumer legislation in this country which is designed to outlaw misrepresentation. The Trading Standards Officer will take up your complaint direct with the trader and his recommendation could be that you receive a full refund.
You also have additional rights of redress if you paid the seller by credit card (see additional rights of redress if you paid by credit card).
The national European timeshare industry associations grouped together within the European Timeshare Federation and spearheaded by the UK Timeshare Council, lobbied actively for the concept of a Directive which held a fair balance between the supply side on the one hand and the consumer on the other. They proposed detailed changes to the draft to achieve this throughout the period up to the final signing of the Directive in October 1994.
Organization for Timeshare in Europe:
http://www.ote-info.com/
We are founding members of the Organization for Timeshare in Europe which is the European self-regulating trade body for vacation ownership companies. As a member, we are obligated to comply with all laws as well.
For general information on the ECC-Net see:
http://europa.eu.int/comm/consumers/redress/ecc_network/index_en.htm
The European Consumer Centres Network (ECC-Net)is an EU-wide network to promote consumer confidence by advising citizens on their rights as consumers in the EU and helping them to solve disputes.
These Centers can advise you about your rights when you shop across borders and help you seek redress if you have a dispute with a trader in another EU country.
Europe Direct is a service to help you find answers to your questions about the EU.Freephone number throughout the EU:00 800 6 7 8 9 10 11
You can find online information about the EU in 20 European languages at:
http://www.europa.eu.int
Information about your rights in the EU is also available in 20 European languages at:
http://ec.europa.eu/geninfo/query/search_en.html
Advanced search:
http://ec.europa.eu/prelex/rech_avancee.cfm?CL=en
Official Journal of the European Union
http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg=EN&numdoc=52003PC0241&model=guichett
http://europa.eu.int/youreurope/index_en.html
U.S.A. - Federal trade commission - FTC:
http://www.ftc.gov/bcp/icpw/lookingahead/lookingahead.htm
The Directive on Injunctions: An "injunction" is an order granted by a court whereby someone is required to do or to refrain from doing a specified act. The Injunctions Directive 98/27/EC establishes a common procedure to allow a qualified body from one country to seek an injunction in another. It aims to control traders that undertake activities in one Member State, which harm the collective interests of consumers in another Member State
http://www.ote-info.com/dmdocuments/OTeNews%20Pdf%20Files%20for%20Website/2004/issue04.pdf
The judiciary system in the Netherlands:
http://www.rechtspraak.nl/information+in+english
Alliance of Timeshare Consumers in Europe - “ATCE”
http://www.apaf-vtp.com
http://www.timeshare.org.uk
New legislation came into force throughout Europe on 29th April 1997 which will help timeshare buyers avoid some of the scams in the industry. The UK legislation is tougher than that of some of the popular holiday resort countries in southern Europe. The full text of the Timeshare Directive 1997 (the implementation of the European Directive on Timeshare in the UK) is on page: www.hmso.gov.uk/si/si1997/97108101.htm . For those not of a legal mind there is a good explanation at the bottom of that page. Or the consolidated version of the Timeshare Act 1992 is available from HMSO bookshops - (ISBN 0115154353)
http://www.opsi.gov.uk/si/em2006/uksiem_20063363_en.pdf
EU Consumer Protection:
5. The UK is signatory to multilateral and bilateral consumer protection co-operation agreements. In 2003, the Organization for Economic Co-operation and Development (OECD) agreed a set of Guidelines designed to improve co-operation between its members, including information sharing and co-operation on cases of cross-border fraud.
The DTI and OFT are also signatory to co-operation agreements with the United States Federal Trade Commission and Canada, Australia and New Zealand.
A study prepared for the Commission suggests that up to 80 million European consumers might buy more cross-border if they were confident about making purchases from shops or sellers located in another EU country.
THE ASSOCIATION OF TIMESHARE OWNERS COMMITTEES LIMITED
http://www.tatoc.co.uk/
The History of the Pelican Resort Club, St.Maarten
The main goal of this site will be to keep owners informed of past and future events of the resort. More sites – links and comments will follow so be sure to check back often. I have tried really hard to be factual on the events posted below. I ask all of you to help keep me straight on these issues below and what issues may follow. In all fairness I had given up on Pelican just after the take over by RRG in the way of the voting rights they are in possession of. I had hoped they would do the right thing and listen to what owners wanted. After ten years we are no better off then we were since first hiring RRG. In my opinion we are heading for another bankruptcy. History is repeating itself if one would only open their eyes to see. Is it greed and or corruption at foot here, I can’t say for sure. Let me ask you this if I may? At the Annual General Meeting of last Dec 2006 with 2 lawyers, accounting firm, RRG, TAPRC and Judy Young present they in fact tried to use the 508 FIP votes of units in default. Had they used any of these same-defaulted on unit votes any prior years? Now that has to make some of you wonder – just who is looking out for us owners? I don’t just make this stuff up. This type of thing has been going on since day 1. Just look up St.Maarten on the U.S. Department of State. They warn of a large number of complaints about misuse of maintenance fees. Is this true, I think we need to find out. Lets all help each other in getting to the truth here.
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U.S. Department of State
Bureau of Consular Affairs
Washington, DC 20520
Consular Information Sheet
Link
http://travel.state.gov/travel/cis_pa_tw/cis/cis_981.html
This information is current as of today June 18 2007,
Netherlands Antilles
UNDER SPECIAL CIRCUMSTANCES:
Time-share buyers are cautioned about contracts that do not have a "non-disturbance or perpetuity protective clause" incorporated into the purchase agreement. Such a clause gives the time-share owner perpetuity of ownership should the facility be sold. Americans sometimes complain that the timeshare units are not adequately maintained, despite generally high annual maintenance fees.
Because of the large number of complaints about misuse of maintenance fees, particularly in St. Maarten, prospective timeshare owners are advised to review the profit and loss statement for maintenance fees. Can't say i have ever seen a real Profit and Loss Statement from the Pelican Resort Club. This tells me the U.S. Government is fully aware of this situation. Key wording here is "MISUSE OF MAINTENANCE FEES"
Investors should note that a reputable accounting firm should audit profit and loss statements.
Potential investors should be aware that failed land development schemes involving time-share investments could result in financial losses. Interested investors may wish to seek professional advice regarding investments involving land development projects. Real estate investment problems that reach local courts are rarely settled in favor of foreign investors.
An unusually competitive fee to rent vehicles or equipment could indicate that the dealer is unlicensed or uninsured. The renter is often fully responsible for replacements costs and fees associated with any damages that occur during the rental period. Visitors may be required to pay these fees in full before leaving the Netherlands Antilles and may be subject to civil or criminal penalties if they cannot or will not make payment.
Dutch law in action:
National Ombudsman (and his office of around 100 employed lawyers.
2.3 ‘Ombuds’ institutions In many countries review by a system of administrative courts has evolved from former complaint procedures, in other words, informal institutions have been substituted for courts and formal procedures. In the Netherlands, however, a multitude of more informal complaint procedures was introduced in governmental as well as semi-governmental institutions, concomitant with the growth of judicial review. A national ombudsman was installed in 1982. It has become popular because it is personalized and informal justice. In 2002 the National Ombudsman (and his office of around 100 employed lawyers) received 9,643 complaints about the national and regional administration as well as governmental agencies.
Full Article:
http://www.uu.nl/uupublish/content-cln/dutchlawinaction2003.pdf
Shift in power in favor of the shareholder.
A new legislative proposal and anti-take-over devices:
The shift in power in favor of the shareholder has many reasons, including a recent influential advice from the Social and Economic Council to the Dutch government and parliament,[1] the pressure exercised by institutional investors on the Dutch government and companies to limit the use of anti-take-over devices, the expanding shareholder base in the Netherlands and the increasing number of foreign professional investors in Dutch companies. This strengthened position of shareholders has also resulted in increased attention for the position of minority shareholders in the Netherlands. A good illustration of this is the legislative proposal for a new section 2:118a that will give shareholders who hold 1 percent of the issued capital the right to place an item on the agenda of the general meeting of shareholders.
Full article:
http://www.ejcl.org/64/art64-12.html
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