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Marriott Sending out new contracts

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  • Marriott Sending out new contracts

    I have seen on another site that Marriott have been sending out new contracts to people to try to get round Spanish law one of the conditions on this contract is that you can never take them to court so if you sign it you will never to be able to get out (“By joining this program, you waive your right, under applicable law, to go to court for any legal action or lawsuits that may be brought by or against MVCEC or its affiliates in any way as to its interpretation, design, validity, enforceability, or instruments, related to the program (including replacement procedures)”.) so do not sign

  • #2
    Thats amazing Lawnmower it is to my knowledge that this would not stand up in a court of law if contested. A company is never above the law in the country it has a business - if an aspect of its business is illegal just to tell their members not to take them to court is not forceable in my opinion.

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    • #3
      Developers will do this type of thing as they can afford to throw money at any challenge to their contracts. They know that their money can out-muscle any of their members funds. Similarly I do not believe that it would stand up in court that a Developer can charge members 2-3-4 times their annual maintenance fees to leave their timeshare product.
      But who can afford to challenge them?

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      • #4
        Another thing on and around this subject is that it seems that anybody being allowed to leave timeshare because of health or financial issues is required by most developers to sign away any future litigation rights against the developer for miss-selling or null and void contracts. Whether this would stand challenging is another thing that consumers will not contest because of the likely costs involved in any challenge.

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        • #5
          Although I agree with the comment from helpmate, I have seen in the past the Spanish Courts rejecting cases because the contract only showed UK limited company and also had the clause of "subject to UK law and jurisdiction of UK courts". Judges tend to see this as making for a difficult trial as it will be mainly an argument of jurisdiction. Sad but true.

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          • #6
            Originally posted by Timeshare Insider View Post
            Although I agree with the comment from helpmate, I have seen in the past the Spanish Courts rejecting cases because the contract only showed UK limited company and also had the clause of "subject to UK law and jurisdiction of UK courts". Judges tend to see this as making for a difficult trial as it will be mainly an argument of jurisdiction. Sad but true.
            Many thousands of UK timeshare users contracts are controlled via the Isle of Man and are NOT subject to UK jurisdiction. So where does that leave or indeed lead them to?

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            • #7
              Dooley, that leaves them in a very sticky place, no recourse in Spain if purchased there, and I think it would be very difficult for any legal action to ever take place either in the UK or Isle of Man. One of the main reasons I believe is that UK law still allows perpetuity as well as floating weeks and points systems. At least in Spain the timeshare laws are in favour of the consumer, but soon no sale will figure any Spanish entity so will not be subject to their laws.

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              • #8
                Originally posted by Timeshare Insider View Post
                Dooley, that leaves them in a very sticky place, no recourse in Spain if purchased there, and I think it would be very difficult for any legal action to ever take place either in the UK or Isle of Man. One of the main reasons I believe is that UK law still allows perpetuity as well as floating weeks and points systems. At least in Spain the timeshare laws are in favour of the consumer, but soon no sale will figure any Spanish entity so will not be subject to their laws.
                Conversely then any contracts, changed by developers, for these people whose contracts are controlled by the Isle of Man will not be enforceable in the UK courts? Is this the correct interpretation?

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                • #9
                  So far I have not heard of any case in the UK courts against timeshare contracts. The UK is so far behind on protecting consumers of timeshare, mainly due to the RDO (then the OTE) and the now defunct TATOC successfully lobbying Parliament and the House of Lords commitees many years ago in their favour. Even the late Sandy Grey gave evidence at the House of Lords commitee in 2007. I also have pdf copies of Sandy's report, the House of Lords Timeshare report and evidence by Tony Sedgwick. If you would like copies email me at Inside Timeshare.

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