Timeshare Consumers Association |
If you are "cold called" with an offer of a free (or very low cost) holiday - put the 'phone down as it almost certainly is scam where you will lose a great deal of money. |
Most "Free" holiday offers are intended to get a couple into the clutches of a timeshare salesman - although the company making the offer almost always strongly denies that the offer has anything to do with timeshare. They may falsely claim to be endorsed by a respected "high street" name or by RCI.Many "Free" holiday promotions are outright scams, with the promoter planning to "do a runner" having collected a large number of administration fees. Holidays Direct, for example, were closed down by a Court Order for not producing 16,000 holidays.
Promotions can come from all over the world - Spain and the US being currently the most common sources. And promotions can arrive by telephone, letter, magazine adverts, internet "pop ups", eBay etc. etc..
A number of companies in the US, run by fraudsters, are targeting UK citizens with tempting holiday offers at around £500. We are not aware of a single person who has been able to take up the offer.
If you have received an offer of a holiday, often with the inference that it is free - "you have won", "you have been awarded" or "..prize" – to entice you attend a presentation, our advice is:
Sometimes the holiday offer may not involve a presentation is this country but may be to get you onto a timeshare resort in Spain or the Canaries - exactly the same rules apply as above.
- Make a photocopy of any written offer – the original may be taken from you as you enter the presentation leaving you without any evidence of the offer if the holiday fails to materialise.
- Do NOT take any form of payment, including your credit or debit card, with you to the presentation. You may be required to bring two forms of identification with you which is to encourage you to take a credit card - only take your driving licence, a club membership, passport etc. which. is much safer.
- Make certain that you receive a voucher or other confirmation that allows you to claim the holiday. The holiday will not be free – you will be expected to pay around £40 per head “administration fee” – perhaps more. And there may be other costs, not disclosed in the offer.
- Always pay by credit card which will give you some protection in the event of the holiday failing to materialise. If the company does not accept credit cards then walk away - the credit card issuers are getting very careful which company they grant merchant facilities to.
- If you were clearly told that the holiday would be “free” or that you had “won” a holiday and you later find out that there is a charge, then report the matter to your local trading standards office. This could be an offence.
- The presentation will almost certainly be for timeshare, a timeshare points club or a holiday/travel club - irrespective of what you were told to get you to attend.
- The presentation will last between 2 and 5 hours and is generally non-threatening (unlike similar presentations in Spain which can last up to 8 hours).
- If you attend a presentation DO NOT SIGN ANYTHING. In many cases there is no get-out opportunity.
- If you like what you hear then read How to Buy which will tell you about buying an identical product at 1/3rd the price.
- The "free" holiday is unlikely to be from the departure, destination or period of your choice, despite you having completed a questionnaire stating your preferences. You may get very little notice - perhaps only 7 days - of departure.
- There are likely to be additional costs - such as insurance and transfers.
- If the holiday fails to materialise, or unreasonable barriers are put in the way of you getting it, then report this to your local Trading Standards office. This could be fraud. You might be able to get any payment back.
- Finally, the holiday will almost certainly be at a timeshare resort where you will be required to attend yet another presentation – this time for up to 8 hours and no holds barred! If you attempt to avoid this presentation you may end up paying for the holiday in full!
How to get your money back if the promised holiday does not materialise.
There are a number of options:
- If you have paid more than £100 then you should demand a full refund "within 21 days or else legal action will ensue". If you do not receive payment then issue a claim in the County Court - see Money Claim Online. Generally this will result in payment being received without the need for a court appearance.
- If you have paid more than £100 by credit card then make a claim under the Consumer Credit Act for all your money back from your card company. Click here for details
- Take a holiday, at your own expense, of a period and style similar to that which you were originally promised. Then claim the cost of this holiday from the company . Again, give 21 days for payment or "legal action will ensue" and take out a claim in the county court if payment is not received. We are aware of a number of consumers who have been successful (including obtaining judgment in court) following this option
And always report a problem to your local Trading Standards - if the problem is widespread the Trading Standards have power to have them closed down.
- Get the company for whom the presentation was run - usually a large and wealthy business - to accept responsibility for you either getting the holiday as promised, or a full refund. Don't take their first "No" as a final answer but persist - most consumers are successful with this approach..
Read how one consumer successfully sued a "Free Holiday" promoter.
Updated: August 2008