19
Jan

Whenever a Timeshare is mentioned, many people see it as a scam, given that they have been quite discredited over time due to several factors not favorable to users.

However, before starting this article on how to cancel a timeshare in the Dominican Republic, it would be best to start by explaining what a timeshare is:

“A timeshare consists on the use and enjoyment of a good by an individual or a group of people, usually for an extended period of time, by paying a specific amount. A timeshare has the distinction, especially in the case of real estate, that it will never belong to the individual or group in question, but they can make use of it without having ownership of it”.

Typically, timeshare properties are located in hotel facilities and people who purchase those packages pay an upfront fee at the time of contracting the service, as well as monthly and annual fees.

If you recently signed a timeshare contract, this article is for you, since we can guide you on how to cancel a contract drafted for timeshare use in the Dominican Republic appropriately.

Difference between vacation clubs and timeshares

Many people confuse vacation clubs and timeshares. Although they are very similar, and it could be said that vacation clubs are a variation of the timeshare system, but they are not quite the same.

In vacation clubs, people usually sign up, pay an initial fee, and select the hotels they want to visit for vacation. Additionally, a difference must be paid for the hotel reservation on each stay, and these clubs offer discounts on travel, accommodations, as well as other benefits.

Timeshares allow the use and enjoyment of one or more properties without “paying” additional costs, other than the payments made at the beginning of the contract and the monthly payments. However, the reality is that usually each time you use timeshare properties you have to pay fixed rates, which are usually very low.

Reasons to cancel a timeshare after signing

Timeshares have a very bad reputation. Many people attest that throughout the entirety of the signing process, they felt very pressured. Sellers usually present offers to tourists and individuals who they believe are easier to convince.

After signing a contract for a timeshare, there are several reasons why a person may want to cancel it. For instance, if the contracting party realizes the following:

• The majority of the verbal promises made by the sales representative are not included in the contract.
• You realize that you will be unable to afford the monthly and annual timeshare fees.
• It is possible for you to travel at a cheaper price on your own, than using a timeshare.
• You feel that you might have been pressured to buy the timeshare by the sales representative.
• You might have been told that the timeshare would be a good investment, but it did not turn out to be that way at all.

Benefits of a timeshare

Timeshares are not for most people, and they are not good financial investment in most cases.

However, we believe that not all timeshares are a scam, and they can be an excellent purchase, especially for people who enjoy traveling for vacation each year. You can have an enjoyable and memorable vacation, you can explore the world and you can even use it as an investment, since on some occasions you may be allowed to rent it to third parties, among other benefits.

How to cancel a timeshare in the Dominican Republic

Canceling a timeshare can be very difficult because it is often very complicated to cancel timeshare contracts without incurring penalties and going through long administrative proceedings.

The following points are to be taken into account before canceling a timeshare: the date of purchase, the cancellation period, the amount paid, and the hotel where the purchase was made.

The cancellation date is critical since during that period of termination, the contract can be canceled without incurring penalties.

The cancellation period will be left to the discretion of each hotel. In some cases you may have 3 days, in others, you may have up to 5 days to cancel the contract. As a result, it will always depend on where the purchase was made.

Cancellation request within the cancellation period

When you need to cancel a timeshare, simply because you had a change of mind and you are still within the withdrawal period, the first thing to do is notify the hotel. We suggest you do so in writing, by letter or email, explaining that you would like to cancel your contract. You should also provide details establishing general contract information such as the date, partner number, amount paid, etc.,

If you decide to write a letter, it is very important that you deliver the original letter and receive a copy. You need to make sure you keep this copy as proof that you have canceled within the allotted time for cancellation without penalty.

Upon sending the letter, you should receive a response from the hotel shortly, and you should also receive a full refund of your initial payment, without any penalties.

In the event that the hotel refuses to accept the cancellation request, you would need to hire an attorney in the Dominican Republic, who can assist you, in order to successfully exercise your rights.

Cancellation request after the cancellation period has expired

After the cancellation period has expired, it is much more difficult to cancel a timeshare contract, but not impossible.

This usually takes a long period of time, many negotiations with the hotel, and above all a lot of patience. This is the reason why some people simply decide to continue with the contract, as it is very difficult to manage this on their own.

The moment vendors find out that you are interested in rescinding your contract, they usually do everything they can to prevent you from canceling it, e.g., presenting various additional offers, and creating countless obstacles to avoid cancellation. As you can see, it is important that you hire an expert to help you with your cancellation, so you don’t allow yourself to be persuaded.

Contracts usually establish a penalty when canceling outside of the cancellation period. This penalty will depend on what is specified in the contract; some hotels also establish a fixed rate in addition to the penalty. On the other hand, there are others that only charge the fixed rate and the expenses that you incurred in during your stay in the hotel, which is why you may end up having to pay a considerable amount.

There are many companies in the Dominican Republic that claim to be able to help you cancel your contract, but you should keep in mind that the best course of action is to hire a professional in the field, who can actually cancel your Timeshare contract  and help you with your situation.

After the timeshare is canceled and the penalty fee is charged by the hotel, the following will usually happen shortly after:

1. They process a refund for the remainder of what was paid.
2. They will send you a formal cancellation letter.
3. You will be free from your payment responsibility.

Morillo Suriel Attorneys at Law, is a law firm in Santo Domingo, Dominican Republic, specialized in the evaluation and cancellation  of timeshare contracts, and with vast experience in the matter. We are at your disposal to evaluate your situation in an individualized way through a consultation and help you find the appropriate path for an optimal, prevailing, and timely solution to your contractual obligations.