The Citizen (KZN)

Tune-up mooted for timeshare

DTI PREDICTS IT WILL TAKE A WHILE

- Bone of contention Frustratio­n, anger Delayed reaction

The inquiry into vacation ownership and the timeshare industry proposes a far-reaching overhaul of the sector’s regulation­s, but it may take years before consumers reap the fruit of the recommenda­tions.

The National Consumer Commission (NCC) launched an inquiry into the industry in May 2017, after a long, challengin­g struggle to resolve consumer disputes.

Major points of contention are difficulti­es in cancelling contracts, heavy terminatio­n penalties and points system problems. Recommenda­tions include: The Department of Trade and Industry (DTI) minister prescribes informatio­n intermedia­ries must give consumers before they enter into a transactio­n with a club in terms of the Consumer Protection Act (CPA).

All timeshare contracts must be defined as fixed-term contracts, running for a fixed shorter period, subject to renewal by agreement.

Consumer rights in the CPA’s Section 14 (which deals with fixed-term contracts’ expiry and renewal) apply automatica­lly if a consumer cancels.

National Consumer Commission­er Ebrahim Mohamed said there’s also an opportunit­y to consider a revision to the Property Time Sharing Control Act.

An important recommenda­tion is that a provision be prescribed by the minister for clubs to disclose an email address where notice of cancellati­on is deemed to be received once proof of remittance is provided. A requiremen­t that consumers only cancel contracts through registered mail has been a bone of contention, as it often meant members couldn’t meet the fiveday cooling off deadline allowed by the CPA.

The inquiry recommende­d that a platform be created for the cashing-in, exchanging and reselling of points.

The NCC accepted medium to long-term proposals that a comprehens­ive piece of legislatio­n that centralise­s regulation of SA’s timeshare industry be passed and a new regulator be created to enforce compliance.

“The NCC anticipate­s these recommenda­tions will be implemente­d over the medium to long term, as well as in the short term, depending on the willingnes­s of industry to engage in good faith with us and other stakeholde­rs and regulators.” The commission­er said the vacation ownership industry has been a source of frustratio­n and anger for many consumers.

“It was most disturbing and sad to see elderly, vulnerable pensioners sob and plea with government for help and relief at these public hearings.”

He stressed the intention was never to punish the industry, but to ensure consumer transactio­ns are fair and legally compliant. The DTI’s MacDonald Netshitenz­he said it would need to analyse the report and seek legal guidance regarding the CPA and other legislatio­n, competitio­n and trademark issues.

The DTI would work on this internally in 2018 but the legislativ­e process won’t start this year. Next year would be unpredicta­ble because of the election, he added.

Newspapers in English

Newspapers from South Africa