Timeshare company. What is a timeshare and what types does it come in?

“The whole world is at your feet, kind-hearted customers. We have a great offer for you: you give us money, and we give you promises!” – this is what the slogan of timeshare companies, mercilessly “undressing” gullible citizens, should sometimes sound like. “Timeshare” is a special form of ownership of property on the territory of a club-type resort hotel on a contract basis, which gives the right to use the apartment annually for a certain period of time according to the contract (usually weeks).

Timeshares: an empty shell in a beautiful wrapper

However, companies selling such “happiness” do not talk about the pitfalls - it is in their interests to find a buyer and sell the maximum set, so agents go to any lengths to lure them into their networks. For example, when a family arrives at a hotel on the island, they are always assigned a specially trained person who is always close to potential clients. During this communication, the “victims” are constantly in a certain euphoria from the agent’s colorful stories about the advantages of this island and vacation there. If the agent sees that there are adult children in the family, then another type of “processing” begins - conversations about official employment and further residence in this heavenly place on our planet.

“Forgotten” weeks in contracts, apartments for two instead of those promised for four, lack of feedback after signing a contract - this is all a reality that comes the moment you become a client.

So the fairy tales that were told to you during the “candy and bouquet” period very rarely coincide with the text of the contract. Our editors tried to find out about the “methods” of these companies: clients disappointed with “timeshare happiness” shared their stories.

Story No. 1

Olga

This didn't happen to me, but to my parents. They are rather just tourists who understand little, and I cannot establish constant control over them.

And this is not the first time this has happened to them. There was a case a long time ago when they tried to drag us into a similar matter. But then I was with my parents, and we managed to get away from it safely. We were caught in Salou, invited to a presentation, and then taken to inspect the apartment complex offered as part of a timeshare.

Then my parents went on vacation, some representative met them at Domodedovo airport, they talked, he took their contacts. Upon returning to Moscow, my parents were “called” and invited to come to the office at the VDNH metro station. There they talked to them again, and in the end they signed a contract for 180 thousand, for 5 weeks of accommodation for 2-3 years. It was the Club La Costa company.

During my last timeshare trip to Tenerife, another interesting story happened. One day we stopped in a village to have a seafood snack. A girl met us at the restaurant, she gave advice on dishes and at the same time asked whether we were traveling to the island on our own or through a package. We said that through a timeshare. She further suggested that we consider another offer if we use this type of service. I said no, it’s not necessary... But that didn’t stop her - she asked to at least go to the presentation, because then she would receive a “bonus” for it. As one would expect, my compassionate parents, of course, found time and the right moment, took 200 euros with them and went to this “wonderful” event.

There they were told everything in the brightest colors, and in the end they signed an agreement, more like some kind of certificate without a full two-way translation into Russian, until 2022 for 8 weeks for 3,000 euros.

They already made the down payment on the same day at the meeting itself, and then began to pay the balance. Payments could be made within a year and a half, and trips could begin only after paying 60%. By December everything had already been paid. And then it began...

Introduction

Characteristics of services in the timeshare system in Russia and abroad

Conclusion

Introduction

The essence of a timeshare is that the property is not purchased as a whole, but specific club weeks, at a certain time of year, usually for lifelong use. This allows you to save on the overall price, as well as reduce property maintenance costs and tax payments.

The timeshare industry is over 40 years old. Its annual income is more than $9.46 billion per year. Global growth is projected to double over the next decade, driven by widespread growth in travel and tourism. Today there are 6.74 million timeshare households around the world. Of which, over one and a half million live in Europe. However, it is necessary to be aware of the broad contribution of timeshare to the European economy, in providing year-round tourism and employment.

The modern timeshare concept provides vacationers with a unique combination of security and choice. Security is realized due to the fact that you can purchase your favorite vacation for the future. The choice is ensured by the opportunity to exchange the purchased vacation, through international exchange companies, for another high-quality vacation around the world, or through timeshare points system clubs.

The popularity of redemptions has led to the emergence of a new product, often called vacation clubs, where consumers can purchase points instead of shares in a particular resort. These points act as resort currency. Every time travelers want to take advantage of their vacation, they select the desired apartment size, duration, location and pay with points for their choice.

1. Concept, content and legal regulation of timeshare

The active, sometimes even aggressive, activities of travel companies offering Russian consumers “tourist services under the timeshare system” have given rise to many conflict situations. Some of these conflicts resulted in litigation. Disputes about the legality of using aggressive marketing methods and the available means of legal protection of clients' interests have given rise to a natural interest in the legal nature of the relations that develop between participants in the timeshare system.

The word “timeshare” itself is a translation from the English “time-sharing,” which can be translated as “alternate use.”

Timeshares have become a popular form of holiday organization for the middle class in the West relatively recently - since the 1970s. Accordingly, the legal regulation of relations related to timeshare is at the stage of development. Typically, a timeshare is created by a development company, that is, an organization specializing in the implementation of complex real estate projects. Such a company, using borrowed funds, invests them in the construction or reconstruction of boarding houses. Timeshares are organized in traditional resort areas.

Then the development company creates a club - a non-profit organization that brings together participants who are co-owners of the property. The entrance (share) contribution of these first club members is actually used to pay for real estate, which is purchased by the club from a development company. The size of such a contribution is significantly lower than the full cost of the premises, since the same premises are transferred jointly to several owners, who operate it alternately in accordance with the club membership agreement. Each of them does not pay the full cost of the premises, but only approximately 1/50 of this cost for each week of annual vacation. Purchasing the right to use a premises costs more during the popular season, and less during the off season.

Often, the legal relations of the parties are formalized in such a way that buyers not only become members of the club, but also acquire a share in the ownership of real estate, i.e., they become co-owners of real estate.

To operate the common property, the club enters into an agreement with a management company that provides utilities, cleaning, routine and major repairs. For these services, the management company is paid a remuneration, the source of which is the annual contributions of club members.

In order to minimize tax payments, the real estate of the club and/or its members can be transferred into trust ownership of a trust company organized in an offshore zone with a favorable tax regime.

Finally, in order to attract consumers who are members of the club and exercise rights to the premises, a marketing company is organized, i.e. a specialized campaign to sell timeshare rights and club memberships to consumers. In order to ensure maximum coverage of the territory, the marketing campaign organizes an agent network of commission agents. In this case, such commission agent is CJSC Tropicana SPb.

The structure of the relationship between a timeshare club and its participants is vaguely reminiscent of housing cooperatives and homeowners' associations known to Russian law. The main difference between these forms and timeshare is that members of housing cooperatives and homeowners' associations use their residential premises constantly throughout the year, and timeshare members only temporarily. The procedure for exercising the right of timeshare members to use residential premises is established by an agreement between the club and its members.

Since in Russia there is no specialized legislation regulating relations between consumers and professional participants in the timeshare market, to conduct a comparative legal analysis, we can focus on legislative acts adopted in Western countries.

An example here is European Union Directive No. 94/47/CE, adopted on October 24, 1994 and which came into force in May 1997. This supranational legal act regulates the relationship between consumers and professional participants in the timeshare market and is binding in all EU countries. The leitmotif of the directive is to protect the interests of the buyer from unfair actions of entrepreneurs specializing in the “timeshare” business. The provisions of the directive apply to contracts concluded for a period of more than three years and the duration of ownership of real estate for at least a week.

The document regulating the relationship between the seller and the buyer is a contract on the transfer of the right to use real estate “for the period of vacation” (timeshare). In this case, the buyer is often also given a share in the ownership of this property. The contract is drawn up in two languages - the language of the state where the buyer lives, and the language of the state where the property is located. The contract must set out in writing all the property conditions, methods and procedure for its termination, as well as the period during which the consumer has the right to terminate the contract unilaterally without specifying reasons (usually the first 10 days after signing).

It should be noted that since the real estate that is the subject of such a contract is usually located abroad, the rules of private international law must be taken into account when concluding and executing the contract. As a rule, the contract is concluded on the territory of the Russian Federation, the buyer is a resident of Russia, and the owner of the property is a foreign legal entity. Sometimes the substantive law applicable to the relations of the parties is determined in the contract itself by means of an appropriate clause. If the parties have not resolved this issue, then substantive law is determined based on the relevant conflict of laws rules of private international law. In the Russian Federation, conflict of laws rules are enshrined in Section. VII Fundamentals of civil legislation. According to Art. 166 Fundamentals, the rights and obligations of the parties in such transactions are determined by the law of the country where the party who is the seller is established, has his place of residence or has his main place of business. Thus, if the seller is a foreign legal entity and the contract does not contain a clause on the applicable law, the buyer may be surprised to find that in order to protect his rights he needs to turn not to familiar Russian laws (Civil Code, Law on Protection of Consumer Rights), but to foreign law. Therefore, including a substantive law clause in a contract is always advisable. The choice of Russian law is attractive insofar as this legal system is familiar to both the buyer and his lawyers. On the other hand, Russian legislation does not yet contain rules specifically aimed at protecting the rights of timeshare buyers. Therefore, by subjecting the contract to the substantive law of the European Union, the consumer will be able to obtain additional protection based on the beneficial provisions of European Union Directive No. 94/47/CE, which were described above.

It should be emphasized that even a special agreement of the parties cannot exclude the application of a special rule on the law applicable to the form of the transaction. This rule of private international law is reflected in Art. 165 Fundamentals of Civil Legislation (as well as in Article 1252, Chapter 70 of the draft part three of the Civil Code of the Russian Federation). According to this principle of conflict of laws, the form of a transaction in relation to real estate must comply with the law of the location of the real estate. So the form of the contract must always comply with the laws of the state where the timeshare resort complex itself is located.

When drawing up a contract, you should take into account some other norms of Russian legislation that will apply to the relations of the parties, regardless of how the issue of applicable substantive law is resolved. This primarily applies to the norms of currency legislation.

Acquisition of any rights to real estate abroad (as well as acquisition of shares, shares, participation interests in foreign legal entities for foreign currency) in accordance with clause 10 of Art. 1 and paragraph 2 of Art. 5 of the Law of the Russian Federation “On Currency Regulation and Currency Control” is a currency transaction associated with the movement of capital. Such operations must be carried out in the manner established by the Central Bank of Russia.

The Central Bank of the Russian Federation (Bank of Russia) considers it necessary to once again draw the attention of enterprises and citizens considering the possibility of committing these actions to the requirements of the legislation of the Russian Federation in this area. So, in accordance with paragraph 10 of Art. 1 and paragraph 2 of Art. 5 of the Law of the Russian Federation “On Currency Regulation and Currency Control”, these operations relate to operations related to the movement of capital and must be carried out in the manner established by the Bank of Russia.

In order to limit the export of capital from the country, the Bank of Russia has established a licensing procedure for carrying out these operations.

2. Characteristics of services in the timeshare system in Russia and abroad

timeshare travel service

The concept of timeshare originated in Europe in the 1960s as an innovative way to expand travel choices. Instead of booking one or two weeks at the same resort year after year, or instead of purchasing a vacation property, timeshare offers travelers the opportunity to purchase ownership of one or more weeks each year for a significant limited or indefinite period of years. Thus, vacationing in a house has become a reality for millions of people for whom purchasing real estate was beyond their means.

Having bought time for vacation, you can use it yourself, let friends and relatives use it, or rent it out. But while there was complete flexibility in who enjoyed holidays, there was initially a lack of flexibility in when and where holidays could be taken. The needs of the owners led to the emergence and growth of exchange systems, and then, more recently, the points system. This allowed owners to exchange their timeshare weeks either for another week at their resort or for weeks at another resort within an exchange system that includes more than 5,400 resorts in more than 90 countries. Exchange companies often provide members with related services - air tickets, car rentals, insurance, etc. - at competitive prices.

In the 1960s, with the advent of timeshare, the right of periodic occupancy was established in relation to one specific accommodation facility, for example, a hotel room, which could be used during a certain period of each year. Then companies were established, the largest of which are the American companies RCI and Interval International, which provided services for the exchange of equivalent periodic residence rights in relation to different accommodation facilities (we are talking about a one-time replacement for a certain period of rest with a subsequent return to the original position). Then clubs appeared that provided their members with residence rights with characteristics that implied the choice of the user (the type of apartment was indicated and the general period during which the user could choose specific days for relaxation (for example, apartment T1 in the “high” season). Finally, clubs arose in in which the user acquired a certain number of points, credit points, which were the club’s internal units of account and, taking into account the quotes used by the club, could each time order the level of apartments, duration of accommodation and season within the limits of the number of units of account purchased. In the latter case, neither the characteristics of the funds were initially determined. accommodation, nor the length of stay. The variety of timeshare modifications with the assignment of different names to them (club vacation, vacation ownership system) creates a misconception about the conceptual difference of these modifications from the previously emerged timeshare.

Historically determined differences in the content of the legal categories of the states where the majority of timeshare properties are located (primarily, differences between the legislation of the states of the Anglo-American and continental legal systems in relation to such a category as “property”, often used in relation to the right of periodic residence), do not contribute the formation of a universal concept of timeshare rights, equally suitable for states of the continental and common law systems. In common law states, timeshare purchasers are owners of the property when their right of periodic occupancy is based on the leasehold estate (lease) or is implied by their position as beneficiaries in establishing a trust for the timeshare property. In both cases, timeshare purchasers have a limited period of ownership of the timeshare property. Such a right, from the standpoint of the continental system of law, is not property.

Consequently, due to the differences between the continental and Anglo-American systems of law, the existence within each system of timeshare rights that are diverse in nature, it is quite difficult to reveal the concept of timeshare rights that are suitable for all states. In any case, when calling the right of periodic residence property, it is necessary to clarify in accordance with the legal order of which state it was established.

For the purpose of legislative regulation of timeshare legal relations, it is proposed to distinguish between different aspects of the phenomenon, which is now designated by the single concept of “timeshare”. To define a special type of business activity in the field of tourism, the concept of “timeshare activity” is most suitable. A method of operating accommodation facilities related to the tourism industry, in which operators (timeshare users) are granted the right to periodically reside in accommodation facilities (resort real estate), the right to use common areas and amenities of accommodation facilities during their stay in accordance with their intended purpose, it is preferable to call "timeshare operation". It is logical to call the subjective rights of users to resort real estate and hotel-type services in a vacation spot “timeshare rights.” If we mean contracts, as a result of which the purchasers receive rights to resort real estate and hotel-type services in a vacation spot, then it is more correct to talk about contracts for the acquisition of timeshare rights.

The Russian market is characterized by a pluralistic concept of regulation, which allows the existence of the right of periodic residence of various types. Among these types are the following:

the right of periodic residence within the framework of common shared ownership (the main advantage here is the absence of the risk of termination of the right of periodic residence due to the liquidation of the debtor);

the right of periodic residence as a new type of limited property right;

the right of periodic residence as an obligation. In this case, conditions are necessary that reduce the risk of impossibility of using the right for reasons beyond the control of the timeshare acquirer. Such conditions include the following: the owner of the property must be the obligated person to the timeshare purchaser; the periodic occupancy right must encumber the timeshare property; timeshare purchasers should be given the right to exercise control over the transactions of the organization that owns the timeshare property in order to prevent transactions that may violate their rights.

As a special type of existence of the obligatory right of periodic residence, a model is recommended in which the timeshare purchaser is a shareholder of the OJSC owner of the timeshare real estate. Here, obligatory timeshare rights will follow from the agreement concluded between the OJSC and each timeshare acquirer; however, additional stability will be given to the position of the timeshare acquirer by his status as a shareholder and the rights granted to the shareholder by the legislation on joint stock companies.

Periodic residence is provided only as an obligation arising from the conclusion of a contract for a club holiday between the buyer (consumer), on the one hand, and the holiday club or seller, on the other hand. There are no serious guarantees of the rights of timeshare purchasers in the bill, therefore, if this approach is maintained, there are great opportunities for abuse by unscrupulous businessmen, since the activities of the club are uncontrolled.

The variety of forms promotes competition, as a result of which the most viable models will remain on the market. At the same time, regulation of each model must include guarantees of the rights of timeshare purchasers.

Conclusion

In domestic literature, the concept of “timeshare” is used in different meanings. Timeshare is often called:

) one of the types of entrepreneurial activity in the field of tourism;

) subjective rights of users to resort real estate and hotel-type services in a vacation spot;

) the method of operating the resort property on a periodic basis among a limited number of users; 4) an agreement concluded between the timeshare acquirer and an organization that helps the acquirer obtain timeshare rights.

Also often used as a timeshare are the concepts of “club vacation”, “vacation ownership”, “vacation ownership system”, which, on the one hand, try to distance themselves from timeshare (without offering clear criteria for such a division), and on the other hand, they use it as synonyms.

A number of reasons - objective and subjective - determine the existing uncertainty of the concept of timeshare: the desire of professional market participants to dissociate themselves from a name that is discredited in the eyes of consumers and the conscious introduction of its numerous synonyms; polysemy of the concept of timeshare.

The complex of timeshare operations is based on the principle of periodic residence and on this basis, all manifestations of the use of accommodation facilities on a periodic basis among a limited number of users, when the latter use the resort property for several days annually for a period of 3 years or more, should be considered as a timeshare .

List of used literature

1.Alexandrova A.Yu. International tourism. - M.: Aspect Press, 2009. - 463 p.

.Afonin G.I. Tourism in the system of leisure values // Bulletin of the Moscow State University of Culture and Arts. - 2007. - No. 2. - P. 119-121.

.Gavrilchak N.I. Strategic directions for the organization and development of international tourism. - St. Petersburg: Publishing house SPbGASE, 2009.

.Gavrilchak N.I., Vilensky A.E., Sharafanova E.E. Organizational aspects of the use of franchising in managing the development of recreational organizations. - St. Petersburg: Publishing house of St. Petersburg State University of Economics, 2009

.Zelenova E.V. Tourism as a type of sociocultural technologies // SOTIS - social technologies, research. - 2007. - No. 5. - P. 76-82.

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“Timeshare – what is it?” - this word can often be heard in American films, but in Russia the term appeared recently.

It comes from the English "Timeshare", which means "Time Sharing".

The Germans put it more precisely: their word “Teilzeitwohnrecht” is translated as “The right to reside at a certain time.”

What is a timeshare

This is the right of one of the property owners to live there for a certain amount of time.

The concept is used as a system of alternate holidays for owners of resort apartments or aparthotels.

Its essence is that several clients can rent a house for a while and take turns relaxing in it.

The contract itself is concluded for a period of 3 to 30 years. On the one hand, this allows you not to overpay travel agencies and not buy a full-fledged tour every time, while staying not in a hotel, but in an ordinary house or apartment. On the other hand, tourists do not need to buy housing that they can only use during vacation.

The timeshare system itself appeared in the mid-70s of the twentieth century: one American company offered clients to book a hotel room for certain weeks several years in advance. That is, clients received “ownership” of apartments for a limited number of days: 1-2 weeks, a month or a year. This holiday option attracted many tourists, and the system quickly spread throughout America and Europe.

The advantages of this holiday option include:

Increased comfort and freedom: since timeshare purchases apartments and rooms in tourist complexes or residential buildings, the tourist gets the opportunity to live in his own home, rather than in a hotel.
Most often, this type of vacation is purchased by young people and families with children: such a vacation is convenient due to the lack of a schedule (entry/exit, closing) and low cost.
Many companies prefer to use such a system to organize rest for their employees.
Rest days can be donated, sold or inherited. Also, tourists who have purchased a “floating property” can choose new periods of stay every year. For example, go on vacation and come on vacation in June, and book September next year.

Disadvantages include:

High price: since the contract is concluded for at least 3 years, you should prepare for the fact that the cost will be significantly higher than one tour.
Hotels operating under the timeshare program practically do not work with Russian-speaking tourists. This may lead to a language barrier.
If a tourist has somehow violated the rules of staying at the hotel, he may be denied further use of the system, but the money will not be returned.

There are 3 timeshare options:

Red: This is the most expensive option, allowing owners to visit the resort during peak season, change check-in dates, or even choose another resort.
“White”: check-in is possible in the off-season.
"Blue": the cheapest. Available during low season or in cheap hotels.

Timeshare in Russia

According to Wikipedia, the largest timeshare companies in the world are RCI (Resort Condominiums International), Interval International and the German MONDI-Holiday.

In the USA, the largest operator is Redweek.

To protect timeshare owners, the “All-German Timeshare Union” was created.

Note: In the USA, a code of ethics was adopted, which spells out all the rights of the buyer and the need for operators to provide all the information required by the client.

However, in Russia this type of recreation is poorly organized, or rather, practically not organized at all. Due to the difficult 90s and numerous deceptions, few Russians are able to plan their vacation at least 3 years in advance.

In addition, frequent cases of deception and disappearance of fraudulent companies with the names of well-known European timeshare operators have undermined citizens' faith in this type of vacation. It was not uncommon for holiday buyers to be housed in abandoned or renovated hotels that had no running water or electricity. Some lucky people who had a good rest in the first year later received bills with huge sums supposedly for repairs and maintenance of their homes.

It is worth noting: but nevertheless, timeshare began to gradually enter the Russian markets, mainly through foreign operators who open representative offices here.

How to buy a timeshare

The first thing to remember: you can only buy timeshare from time-tested companies.

There is no need to be fooled by cheap prices - it is better to contact companies that cooperate with RCI or Interval International.

Only these organizations can guarantee a full and high-quality vacation. Even if the offer is purchased second-hand, it must be issued by those operators.

Next, you need to select the direction, terms and date of the visit, the term of the contract (the manager will help you decide on this), collect documents and pay the fee. Afterwards you can calmly wait for your vacation and travel.

Good to know: It is worth paying attention to certain nuances, for example, the possibility of transferring the timeshare to other persons or selling it.

In the USA and Europe, time sharing is a fairly popular tourism option, which allows you to save significantly on it. However, in Russia, due to numerous deceptions, this option has not yet taken root, but gradually the situation is changing for the better.

Watch a video in which an experienced user explains how timeshare works in the USA:

Who knows what a timeshare is?

That's right, literally - division of time. Organization of recreation in the RCI (Resort Condominium International) or II (Interval International) system, which involves about three thousand clubs in more than 70 countries around the world.

Timeshare sounds great

The idea is this: you buy luxury apartments in a beautiful resort and own them from one to 51 weeks a year. And you get the right to exchange these weeks of rest for others anywhere in the world. And all this for mere pennies compared to the cost of real estate in the same resort. Just a few thousand dollars for the right to lifelong, inheritable ownership of the apartments! In addition, this happiness can be sold, exchanged, rented out, bequeathed, etc. at any time.

Did you like it? Do you want to live like the characters in Santa Barbara? Do you want to invest your money profitably? Let's get more of them here. We will arrange everything for you! - this is promised at almost all presentations of companies offering to buy a timeshare.

There were several dozen such firms in Moscow. Recently, having practically exhausted the supply of Muscovites capable of “buying” into these promises, such companies have turned their attention to the regions: the first transactions were registered in Yekaterinburg, Rostov, and Krasnoyarsk.

Let's try together to understand what this system is and how it works.

Natural selection

If you put on your best outfit, parade in it in a crowded, prestigious place (large department stores, lobbies of expensive hotels) and give the impression of a successful person, then it is possible that a pretty girl or boy will approach you with a notepad. In a light, casual conversation, you will be asked to answer a few questions and fill out a questionnaire. After which they will offer to attend the company’s presentation, promising something amazing. They will ask you to come together - with your wife (husband) or with a girlfriend (boyfriend).

It was you who met with the “external representative” of the company. When selecting them, preference is given to students of humanities universities (journalism, law, VGIK, etc.). For 3-4 hours of “catching clients,” young people receive $5 and from 0.25 to 1% of the contract amount, if it is concluded.

At the presentation

Presentations most often take place in expensive hotels or luxury offices. When you arrive there, another employee of the company talks with you for an hour and a half. This is an “internal representative” - he has no right to talk about prices, but only “warms up” you for the manager. He earns the same amount as an "external representative", but before he is hired for this job, he must pass an exam.

ConfOP employees managed to obtain an interesting internal document from one of the companies selling timeshare: instructions from an “internal representative.” This secret document is called “Representative Training” and is something between instructions for putting a client into a trance state and a treatise on communication ethics. The employee must memorize the text.

Here are some of its fragments.

Make sure you (representative - V.K.) are either next to them or ahead of them... This is part of your control over them (clients - V.K.). You should act like a friend who is about to show them your house and explain how great it is...

Controlling your clients is an integral part of your job. You must control your clients from the first minute you meet them. You need to create an easy psychological and physical dominance. Control where they sit, what they touch, what they look at, what and when they eat or drink. Some people are trying to take control of you, don't let them do this... Some may say that they only want to see the apartments and prices... Some may say that they are not interested. Ignore this and continue with the presentation...

The best way to make people relax is to make them laugh... Laughing makes people feel good, they do things they wouldn't normally do. This may set them up to rest...

You must sell them a DREAM... Create this dream for them, color the picture...

Paint them a picture, make them trust you, you have to put them in the picture... let them be on the golf course, in the hot tub, in the pool or on the ski lift. Find their hot spot, keep asking questions, pressing buttons until you find the right one. Their hot spots and fun attitude are what sell...

Our task as sellers is very simple - we just need to find out what our customers want, and then convince them that our product is what they want...

Touch is your tool. Touch both clients frequently...

This job is not easy... THAT'S WHY THIS JOB PAYS SO WELL...

Did you feel like dough from which you can make Easter cakes? No? You are a strong person...

When “the cake is ready,” the manager comes up to you and gives you papers to sign.

The firm's manager is paid from $500 to $1,500 monthly, plus $500 quarterly to maintain “working shape.” The manager - a "white collar" - must carry out the final "fine-tuning" as quickly as possible. He accepts money from you.

Not a single document describes your apartment. What for? Don't you trust our company? We showed you films and prospectuses. Don't you want to relax like all the rich people? You may not have enough money? No problem - you can always sell your timeshare, we will be happy to buy it. And please, hurry up, we are closing soon, and we will resolve all your issues tomorrow, if, of course, you make an advance payment today. Tomorrow it will cost 20% more. Handle? Please! All! The contract is signed!

The morning is wiser than the evening

The applicant is bound by the provisions of the club's constitution, regardless of whether he has read its contents... At one of the presentations, I suggested that the manager take the money in an envelope - without counting it. I didn't take it.

“In the event of conflicts between the Russian and English texts of the agreement, the English text shall prevail.” Thank you for not offering to sign the contract in Chinese.

"This contract cannot be canceled." Did we promise to buy a timeshare from you at any time? Our intern gave you the wrong information, there was a mistake.

"All oral representations are null and void." Remember: "Don't you trust our company?"

"The parties irrevocably submit to the exclusive jurisdiction of the Isle of Man." How long has it been since you last looked there?

"All disputes and disagreements... shall be governed by arbitration. The arbitration shall be held at the International Chamber of Commerce in Paris, France." Do you like feeling like a subject of private international law?

For any lawyer, such an agreement causes a slight toothache - many of its terms are contrary to our legislation. From a legal point of view, you, as a timeshare owner, are as far from the owner of a resort as a patient of an ordinary sanatorium. After all, you cannot allocate your share in NATURE and dispose of it at your own discretion. It is impossible to prove this to the company's employees - they do not understand (or pretend not to understand) the legal terms, or simply “ignore it and continue the presentation.”

But the most important thing is that not a single company gives any guarantees of the quality of services: “the best guarantee is the good name of the company” (and you hear it for the first time at the presentation).

The vast majority of clients who bought a timeshare try to return the advance payment. And I must say, not without success. Over the past year, dozens of lawsuits have been filed in court and almost all cases have been won. But it is difficult to predict how events will develop outside the walls of the capital, where firms will go, hardened in battles with Moscow lawyers.

You still bought a timeshare...

But in fact, what will happen if you pay for the timeshare in full and try to exercise your right to vacation? What's there at the resort?

“After shivering all night in the apartment (the heating didn’t work), we decided to figure out where we were. There was dust, dirt, and the noise of construction vehicles all around (it turned out that renovations were underway).”

"The apartments have worn-out furniture, threadbare, unkempt carpets..."

"There was no air conditioning in the apartment."

“There was no restaurant or any organized catering at all, the hotel was in the mountains - and it was impossible to buy food without a car.”

“Full-scale construction was going on 25-30 meters from the hotel, noise, dirt; the premises were cleaned once a week.”

“All restaurants and cafes in the area are closed until the start of the holiday season, sports grounds, a swimming pool, and boat stations are only in the future plans of the club owner.”

“Hot water and electricity are strictly metered, the economy regime is taken to the limit, the use of water from sea horizons makes it unsuitable not only for drinking or washing dishes, but also causes allergies.”

“The resort is located 350 km from the airport, and a taxi there costs $260.”

“I have visited many resorts, but I have never seen such horror anywhere.”

And now the question is: what would you do if you found yourself in Moscow after this?

That's right, we should go to the company to terminate the contract.

Here is the company's response in full:

“The company, in accordance with the contract, fulfilled its obligations by providing a vacation certificate for membership in the club... The conditions for the further sale of membership are not within the competence of the company and are not the subject of the contract concluded between the company and the client.”

What to do next?

Read the legislation of the Isle of Man...

To be fair, it should be noted that there were also positive responses. Some clients were satisfied with their vacation in the first year. But by the beginning of the next holiday season, they began to receive bills for colossal sums: for the renovation of apartments, for maintaining them in the off-season, and sometimes for restoration after natural disasters. Having paid these bills, the owners forever gave up the idea of selling their timeshare - it began to cost such crazy money that it is unlikely that they will be able to find a buyer.

To have or not to have

The RCI system actually exists in many countries around the world, and it is possible that someone somewhere has managed to take advantage of its benefits. But in the Russian market, unfortunately, timeshare has not proven itself to be the best.

What are the main visible reasons for this? Why has a generally good idea acquired such ugly forms in our market?

The system has existed in the world for about 60 years. Naturally, a whole sea of low-liquid offers has formed on the timeshare market. Some of them were sold by dissatisfied clients - for example, because the resort’s location was not good enough or because the administration did not have the best attitude towards clients. Some resorts fell into disrepair due to natural wear and tear. And some are under construction and the infrastructure there has not yet been developed.

And now all these illiquid assets poured into our market. If we multiply this by the usual Russian attitude towards business, the situation in the club system will become more clear. For example, 60% of Moscow companies selling timeshares have already died. Where the clubs' money went remains a mystery. Some companies constantly change their names, while cutting off dissatisfied customers. Thus, the Paradise company was revived under the name Paradise Group, then Paradise Gift... And although legally these are completely different companies, consumers say that the same people work there.

One thing is clear: buying a timeshare in Russia in the near future means taking a very big risk.

Timeshare timeshare, lit. “time sharing” - joint ownership of real estate (condominium) in the tourism business, with the opportunity to use it for a certain time, in proportion to the monetary contribution. Typically referred to as “vacation ownership,” it is purchased for a term of 10 years to perpetual use. Traditionally, apartments are sold for 4 to 6 people. Usage time is measured in weeks time division, which are grouped into three colors"(red Red- season, the most expensive and prestigious, white White- off-season, and blue Blue- off-season) and reflect the dynamics of demand by season. The owner, or rather, the co-owner of the condominium (that is, joint ownership), can relax in the purchased apartments in “his own” weeks, or exchange the vacation spot for a similar one within the “color”. In addition, red changes to red, white and blue - at the request of the client, white only to white and blue, blue - only to blue, respectively. Additionally, it is possible to change regions. At the same time, a region that is super popular and prestigious changes to a less prestigious one with increasing vacation time.

In 1971 a global system has been created RCI - Resort Condominiums International, which provides co-ownership of properties at high-end resorts and “holiday sharing.” The system includes over 2,300 complexes located at resorts in 70 countries. At the end of 1992 timeshare owners in the system RCI there were about 3 million families. In 1996 RCI opened its representative office in Moscow, and is currently actively promoting timeshare services on the Russian tourist market.

Similar services are offered by the prestigious timeshare club system Interval International, which includes more than 1000 high-class hotels (usually at least 5 stars). The exchange rules state that you can exchange for RCI, but there is no going back. By depositing approximately 22,000 USD, anyone, regardless of citizenship, can become a co-owner - for one week annually for a period of 25 years - of a fashionable cottage in the Canary Islands or on the Florida coast, for example, in the famous place of Cypress Bay (Cypress Hartbourg) in Orlando. Unlike RCI- system L of a higher class, cottages are offered with an area of 160 sq.m. and better equipped; two bedrooms, hall, kitchen, color-video TV, as well as a host of other amenities and entertainment. At the same time, up to eight people can relax in the cottage (with some space) at no additional charge. You can choose any week throughout the year for your holiday by declaring this in advance. If a given resort is tired, the client can submit an application and easily exchange it for any other in the same system or system RCI, Clients receive discounts on air tickets of up to 20% or more.

Holiday rights - applied to TimeShare- temporary use rights or the right to grant third parties the right to use a cottage or villa specified in the certificate of ownership for a certain period (for example, 25 years). A feature of a classic timeshare is the presence of a certificate of ownership for a certain period of rest, and these rights are inherited, can be the subject of a pledge, assignment, loan security, etc. (all signs of property rights).

Selling a timeshare is a rather delicate matter, so companies involved in marketing and working with clients use tactics of working with an individual client, the so-called individual presentations. Of course, the information is not transmitted to the press, the main information is communicated to the client privately, all negotiations and agreements reached are strictly confidential. Some marketing companies use aggressive timeshare sales practices, which causes controversy and consumer complaints.

Spacebank - club trademark RCI for a bank of rest periods in which one week is reserved for each member owner RCI.

Two-for-One - club member right RCI exchange one week of holiday in the Canary Islands for two weeks of holiday in the USA or Canada or three weeks in Australia or New Zealand. Exchange rights also provide for the opportunity to “accumulate” vacation time; if the owner does not use vacation time this year, he can reserve two weeks of vacation for the next year.

Almost every country has national timeshare clubs.

Vacation ownership is a fast-growing sector of the global tourism business:

and it was developed in 81 countries;

a there are more than 4,500 resorts-tourist complexes operating in this system;

and the owners of the recreation system live in 174 countries;

a more than 3.14 million families in the world own a recreation system;

and sales were approximately $4.76 billion (1994).

Buyers in the vacation ownership system are individuals with a fairly high annual income and increased requirements for the quality and location of accommodation facilities. Leisure ownership system and its variations – timeshare, club holidays, hotel holidays represents one of the ways to pay for and use a high-quality accommodation facility for a certain period of time, which can optionally be exchanged for a holiday in another location (at 4,350 resorts worldwide or at 1,289 resorts in Europe). Owning a vacation is a tourism product that is maximally tailored to the needs of the buyer.

From research carried out by Ragatz Accociates in Europe, Asia and Australia, it follows that high socio-economic indicators of holiday ownership buyers are visible in many countries around the world. More than half of North American vacation owners are between 35 and 55 years old. Most owners (85%) are families, only 33% of them have children. The average annual income of owners is more than $60,000; they tend to have a prestigious education (54% of household heads graduated from college or university).

Thus, a typical timeshare owner in England is married, over 35 years old, and has no children in need of care. The reasons for purchasing a timeshare vary. According to research from Ragatz Accociates, it is believed that approximately 72% of timeshare owners considered the ability to exchange their vacation spot one of the important reasons for purchasing a club vacation. Other reasons for buying a timeshare are confidence in the quality of the apartments provided (62%); the habit of vacationing at a given resort (58%) and saving money on future vacation expenses (56%).

Vacation ownership concept offers owners the right to use, for a certain period of time (season and interval) annually, a room, apartment or other type of housing, which, in turn, is part of a tourist complex (club), equipped to provide various services. The buyer pays a certain amount to acquire the right to own membership in a recreation club, and after that makes annual contributions: intended for the maintenance of the club property (local payments); for exchanging holidays in another club. The sales time period is usually based on weeks (intervals) and cannot, as a rule, exceed 51 weeks per year.

The time spent in apartments (modules) is divided in some cases into seasons - red, white and blue (season, off-season and off-season). Thus, the interval, module and season are purchased. Recently, club membership, valued in the form of points (credit points), has become widespread.

Accommodation facilities and module sizes vary:

a studio, luxury room (for 2 persons) - T-0;

a room with one bedroom and living room (for 4 persons) - T-2;

a room with two bedrooms and a living room (for 6 persons) - T-2;

a room with three bedrooms and a living room (for 8 persons) - T-3, etc.

Specially designed accommodation modules often include elements such as terraces, balconies, swimming pools, Jacuzzis, video systems, etc., as well as kitchens (full, partial, separate, etc.). The latter, as a rule, are equipped with a set of dishes, refrigerators, microwave ovens, combines, washing machines and dishwashers, etc.

The average size of a resort (complex) is 50 rooms. Resorts located in areas of greatest interest to clients, vary on the: beach(Spain, Portugal), urban(London, Paris, Vienna), mountain(Austria), thematic recreation parks (USA: Orlando, Florida and California, northeast Spain). Resorts are affiliated with the system under special programs. The average price of a module ranges from $6,500 to $9.5. Thus, in Spain, the average two-bedroom unit costs approximately $7,500, but the average is $8,000 per season; $5,200 and $3,800 - in the off-season and off-season, respectively.