Timeshare Consumer's Rights Decalogue

July 24, 2014
Posted by: Jorge Chávez

Adeprotur shares with you the 10 fundamental rights that any timeshare consumer has and that are backed by the Asociación Mexicana de Desarrolladores Turísticos (AMDETUR) and by the Procuraduría Federal del Consumidor (PROFECO).

1. Information and Transparency
The information or advertising that timeshare providers share must be clear, true, verifiable, and must not induce any error or confusion. Providers are compelled to inform and respect the terms and conditions of the service that is being hired.

2. Total Cost of the Timeshare
Timeshare providers have the obligation of informing all the costs related to the membership, including the CAT (Annual Total Cost) if the operation is being financed. Also, they have to inform the maintenance quotes, both ordinaries and extra ordinaries, the way they are being calculated specifying that if they aren’t enough, the developer must cover the difference.

Besides that, the consumer has to be informed about the costs that exchanging their weeks to another destination may generate as well as annual quotes and similar.

3. Adhesion Contract
Timeshare providers have the obligation of registering their adhesion contracts to PROFECO before they start operating. This contact has to contain all the terms and conditions and all offerings that the providers make. 

4. Right to Cancel
The consumer can cancel the contract without any responsibility if it’s done within the time frame stipulated in the adhesion contract which can’t be less than 5 work days after the signing. If done that way, the developer must return all payments done by the consumer before the next 15 work days. If the contract is cancelled after the time frame stipulated, the developer may apply a fine according to the contract.

The time frame that the client has is not available and there can’t be any type of promotion with that end. The cancelation must be done written in the place where the contract was signed, in the developers or representative’s address or through the registered mail.

5. Reservations System Functionality
The providers must have a reservations system suitable for the service that is being offered which must allow consumers use their product when the contract stipulate.

6. Alternate Housing
If by any reason the timeshare providers aren’t able to offer the service for a major reason, they will give an alternate housing in the same destination in a development at least equal in category and quality to the one contracted.

If it can’t be done either, providers must cover the customer’s verifiable travel expenses from their home location to the development and vice versa in less than 15 natural days after the written accreditation but only if they are verifiable.

7. Insurances
Providers are obliged to hire an insurance to cover their consumers and their belongings and any damages to the development used by the timeshare service.

8. Timeshare Development
The property used by the timeshare contract must not modify how’s being used as long as there are valid contracts.

9. Breach of Contract
In the case the provider isn’t fulfilling any obligation; they must pay the consumers the fines established in the contracts.

10. Non-conforming
If there’s a breach or deficiency in the service by the timeshare providers, the consumer may sue a complaint to them. If there’s no satisfactory answer the consumer may present their complaint to PROFECO.

Read more about timeshare and its advantages.