Things You Need to Know About Timeshare and Vacation Time Grievances

Timeshare and vacation time contracts are increasingly popular property and usage contracts among consumers, yet they can also lead to grievances. However, the legal framework, rights, and obligations they provide differ between the two types. Here are the key points to consider regarding these contracts:

Timeshare Contracts

Timeshare contracts are based on ownership and are regulated by the Condominium Ownership Law. For these contracts to be valid, they must be executed at a notary or a title registry office. Furthermore, the contract and transfer periods must be annotated in the title registry. If you are considering purchasing a valid timeshare, remember that the contract must be executed at a notary or the title registry.

To avoid any disputes regarding the contract terms, obtaining legal support from a lawyer before signing the contract will prevent future grievances.

Vacation Time and Long-Term Vacation Contracts

Vacation time and long-term vacation contracts are thoroughly regulated under the Consumer Protection Law and the Regulation on Vacation Time and Long-Term Vacation Contracts. These contracts do not grant an ownership right; they only allow the use of a property for vacation purposes during specified periods for up to 10 years, with a minimum term of one year.

In our country, these contracts are quite common, and the legislator has imposed strict regulations to prevent grievances. Unfortunately, some businesses use misleading and aggressive marketing strategies, inviting people to facilities with claims such as "You’ve won a free vacation" or "You’ve won a gift vacation." These businesses manipulate individuals with complex promises and induce them to sign contracts and debt-incurring documents, taking advantage of their innocent desire to take a vacation. This article addresses vacation time and long-term vacation contracts.

Important Points to Know About Vacation Time Contracts

• Conduct Research: Obtain information by reviewing negative evaluations and complaints about the facility on independent platforms.

• Seek Advice Before Signing: After visiting the facility or participating in a marketing event, consult your lawyer before signing any document, contract, or promissory note.

• Exercise Your Right of Withdrawal: If you feel you were misled into signing a contract, you may exercise your right to withdraw. According to the Consumer Protection Law, if you were informed, you may withdraw from the contract within 14 days without providing a reason, or within 1 year and 14 days if you were not informed.

• Apply to the Consumer Arbitration Board or Court: If the company does not refund you despite using your withdrawal right within the time frame or forces you to make a payment, you may apply to the consumer arbitration board for payments below 114,000 TL or to the consumer court for amounts above this threshold.

• Do Not Make Payments Before the Legal Period Expires: According to the regulation, it is prohibited to collect any payment from the consumer or to obtain any debt-incurring document before the withdrawal period expires. If you made a payment or provided a debt-incurring document during this period, these documents are invalid, and payments must be refunded immediately.

• Withdraw from the Linked Credit: If you obtained credit associated with this contract, you may withdraw from the credit within the withdrawal period without incurring a penalty by notifying the credit provider.

• Exercise Your Right of Withdrawal in Prepaid Contracts: If you have entered into a prepaid contract and have not yet received any goods or services, you may withdraw from the contract without providing a reason. In this case, the company may demand compensation of up to 2% of the contract value; however, if the company fails to fulfill the contract requirements, no compensation is due.

• Beware of Project Changes and Additional Payment Requests: If, after some time, the company contacts you claiming changes in the project and offering better conditions for an additional fee, or threatening that your investments will go to waste, be cautious. You are not obliged to accept such changes. In this case, you may withdraw from the contract within one month without any expenses or penalties. If the change arises from a legal obligation or force majeure, the company may deduct only up to 2% of the contract value. Consult your lawyer immediately to avoid further grievances in such situations.

Due to their complex structures and special provisions, timeshare and vacation time contracts require attention. It is advised to seek legal consultancy to avoid rights violations or grievances, or to prevent further hardship if you are already experiencing issues. Particularly, a legal review conducted before signing a contract can prevent many future problems.

Don’t hesitate to seek legal advice to ensure that the investments made to create enjoyable memories with your family do not turn into memories that ruin your enjoyment and comfort.