Share your gripes about time-sharing

IN A BID to address systematic non-compliance with the Consumer Protection Act, the National Consumer Commission (NCC) will this week listen to consumers’ submissions about the Vacation Ownership Industry. Public hearings will be held at the Cape Town Lodge in the city centre.

NCC Commissioner Ebrahim Mohamed appealed to consumers to “make oral submissions” to the panel during public hearings, but they will in “exceptional circumstances make arrangements to receive written submissions”.

Consumer Goods and Services Ombud (CGSO) Ombudsman Magauta Mphahlele said she hoped the NCC’s enquiry resulted in “better protection and redress for consumers in line with the purpose and principles of the Consumer Protection Act”.

The CGSO monitored worrying trends and in their latest report submitted to the NCC indicated that between January 2016 and February 2017 they had dealt with 127 Vacation Ownership cases. They received another 45 complaints since March 2017.

The CGSO spokesperson, Ouma Ramaru, said: “Of the 127 cases, 71% related to contracts and cancellations, unfair terms, failure to disclose contract terms

and breach of contract.

The remaining 29% related to quality of service, bait marketing, misleading advertising, overselling and unreasonable service delays.”

The majority of the complaints had been resolved by the CGSO, of which 110 of the cases had been concluded.

A full 55% of these had a positive outcome for the consumer as the complaint was either fully upheld or partially upheld.

In 16.3% of the cases, the suppliers were unwilling to co-operate and the complaints were not resolved, said Ramaru.

Mphahlele said some of the complaints CGSO received were that when a consumer tried to cancel an agreement within the five-day cooling off period, the supplier would be unavailable and then would refuse to cancel or deny receiving a request for cancellation.

Others were of long-time members who could no longer afford the yearly fees who would not be able to cancel their agreements.

Still more complaints included consumers being pressurised into signing agreements, being misled during presentations and not being able to find available dates for bookings.

Mphahlele said she hoped the hearings would result in the Department of Trade and Industry developing regulations for the Vacation Industry with prescribed standards of conduct, contracting and marketing.

Emphasis should be placed on detailed disclosure of terms and conditions; duration of contracts and simplified cancellation requirements and procedures; cancellation penalties and fees; and allocation and availability of units, among other things, said Mphahlele.

Freedom Front Plus spokesperson Pieter Swart said they had received thousands of complaints over the years.

He said that they had been petitioning Parliament to conduct an investigation for five years, as the holiday club industry rules were not fair, especially for people who could no longer afford the fees.

The NCC will conduct public hearings at the Cape Town Lodge from July 11 to 13, between 10am and 5pm daily.

The public is urged to participate in person if at all possible.