Timeshare Consumers Association |
Timeshare in Boats
Canal/Narrow Boats, Houseboats, Cruisers and Yachts
If you bought "Classic Cruisers" in Exeter click here
Many companies selling timeshare in boats (canal/narrow boats or houseboats) promote the sale on the benefits of the exchange system – not to use the boat itself. This is very misleading.The three independent canal boat operators in the UK are:-
* Canaltime Ltd
* Stratford Court Cruisers (latterly known as Ethos Narrowboats Ltd). Closed 1 December 2008
* Shakespeare Classic Line Ltd ("Narrow Boats at Barton Turns Marina" & "Houseboats at Barton Turns Marina", Classic Cruisers, Bray and Dames de la Mer, Turkey). Barton Turns boats moved to Mercia Marina eartly 2009 See HereEach company uses a range of "agents" to sell on their behalf.
Because timeshare in boats, especially in low season (blue) is not very popular for exchange – nobody likes ice breaking or walking alongside a dry canal – many salesmen tell lies to get consumers to purchase.
The purchase of timeshare in a boat is probably (see here) covered by the UK Timeshare Act 1992, (see here) and the 10 day voluntary code operated by credit card companies does apply - see : how to cancel
Purchasers who have been told lies may have to take legal action to get out of the contract Telling substantive lies in order to obtain a signature on a purchase agreement is "misrepresentation". See here for a list of typical misrepresentations.
Points to bear in mind when buying into a winter week (RCI "blue" season)
Canalling in winter can be dismal:
Note 2:
- Cold, wet (although boats have central heating) and short days limit cruising.
- Perhaps ice breaking!
- Canals are often closed for periods in winter (October - March) for maintenance. These weeks are called "non cruising weeks". See the British Waterways annual list of closures
- But you might be planning on swapping your week with an exchange company.
Remember that exchange companies need to find someone to use your week if they are to keep their system functioning smoothly.
What do you think their prospects of finding someone to exchange if it's cold, wet and closed ? And the RCI Points valuation of winter weeks is one tenth the valuation of a peak summer week.- You may be limited to using only one exchange company - see exchange companies - which limits your choice and may cost you more than is necessary
Unfair Terms in Consumer Contract regulations.
Most canal boat operators have absolute control over the running of the "Club" where the rules are contained within "Rules of Occupation" or similar.
Many of these rules are unfairly balanced against consumers and would almost certainly be found to be in breach of the Unfair Terms in Consumer Contracts regulations administered by the Trading Standards.If you consider that you have been told lies – to the extent that you would not have bought had you known the truth – then you have good grounds for having the contract canceled and all your money back. But you might have to go to court to achieve this.TCA advice:
1. Write to the marketing company saying that you are canceling the agreement on the grounds of misrepresentation. If you paid by credit card, then do this before the 10 day period expires. See how to cancel2. Totally ignore all demands from the marketing company - and do not speak to them on the 'phone
3. Only if/when you get a letter on a solicitors letterhead or from a debt collector should you reply saying:
4. When/if the solicitor etc. writes back asking for details of the misrepresentation, reply with a list of every item that you consider relevant in your case
- you now know that you were told a number of lies in order to get your signature on the purchase agreement
- had you known the truth before you signed, you would not have signed
- their clients are welcome to take you court where you will tell the court all the lies that you were told
If you only find out about the lies some weeks or months after purchasing you may have to take action yourself against the marketing company to cancel the agreement and to recover everything that you have paid. You may also have a claim against your credit card company under the Consumer Credit Act if you paid more than £100 by credit card.
And you may be able to utilise your rights to cancel under the trade body Code of Ethics as the purchase agreement may include the trustee and/or RCI, who are members of the trade body. See here
Both the Department of Industry and the Office of Fair Trading can take action if a company systematically misrepresents their product - if you feel that you have been told lies then report the matter to your local Trading Standards officer.
TCA would like to hear from you if you have any examples of misrepresentation - see here- in respect of a boat purchase.
Updated: August 2009