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Working LunchTuesday, 23 July, 2002, 15:07 GMT 16:07 UK
Holiday club headache
a beach in Majorca
Holiday clubs can seem tempting when sat in the sun
When you're enjoying a holiday, it's tempting to think you'd like to return again and again.

Holiday club salespeople realise this and have been persuading more of you to part with your hard earned cash. In return you're promised discounted holidays, flights and shopping.

Kathleen from Lancaster contacted Working Lunch after changing her mind about a holiday club she had signed up for while away in Majorca.

Champagne

Kathleen and her partner were chatted up by a friendly salesman on the seafront at a resort on the Spanish island.

They were whisked off in a taxi after being tempted with scratchcards promising champagne and free holidays as prizes.

After a seven-hour marketing pitch they parted with a �500 deposit - the down payment on �4,850.

They were reassured by the fact they were told they would get their money back in five years.

Refund

On returning home Kathleen and her partner decided they may have made a mistake and would like to get their money back.

Charlotte Lancaster, Timeshare Consumers Association
Charlotte: Companies can make up rules
Charlotte Lancaster of the Timeshare Consumers Association warns that holiday clubs don't have the same protections as timeshare.

"With timeshare you actually purchase a tangible item - with holiday clubs you're not actually purchasing anything tangible at all.

"There are no legislations that govern them unike with timeshare, therefore the companies themselves have the rights to make the rules up as they go along."

Tips

The Association of British Travel Agents (ABTA) warns about holiday clubs and timeshare touts.

ABTA recommendations
Don't take money or cards
If you're not happy, walk away
Don't be rushed into signing
They recommend that you don't take money or cards with you if you go to a presentation and never sign anything unless you are absolutely happy.

You should also check whether the company is part of a reputable trade association such as ABTA or the European Timeshare Association, OTE.

Cooling off period

It looks unlikely that Kathleen will get her deposit back, but she is hoping that the company will allow her to cancel the contract and avoid paying the remaining balance.

With holiday club agreements there are generally no cooling off periods so you are tied in.

Charlotte suggests that there is one course of action you can take if you think you've made a mistake but you must decide within 10 days and have paid by Visa or Mastercard. It comes under the credit card voluntary code.

"Write a letter of cancellation to the holiday club and ensure you have proof of when you posted it. Then send a copy of your agreement, cancellation letter and the proof of when you posted it to the credit card company who should try to claw that money back for you."

The only real way to avoid a holiday club headache is to not sign on the dotted line unless you fully understand the repercussions. Also look for lengthy cooling off periods so you can change your mind.

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