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Can I get my money back from Absolute Vacation Club (timeshare) or have my membership resold

I purchased a timeshare club membership from Absolute Sales Corp Phuket in the Absolute Vacation Club in July 2010 and signed a contract and paid approx $Australian 16,500. The salesman promised orally that Absolute Sales would resell the membership for 90 precent of what I paid but this is not in the contract. The contract says only what is in writing applies and that there are no refunds. When I asked them to resell they said that they are not currently reselling memberships. Also I was defrauded in the currency conversion loosing $AUD500. Further the cooling off period days was not specified in the contract. I verbally requested a refund in the cooling off period but they said no refunds. Contract says laws of the British Virgin Islands apply and jurisdiction of BVI.Courts. Can I lodge a claim against them in a Thai Court. Where are the courts and is there one in Phuket? Do I have any chance of winning against them in court? Would it take long.? Is there an expert Solicitor ?
Category: Other Legal Questions
timeshare vacation-club
Asked 11 years ago
MarkZ
bangkoklawonline

Answers (5)

Also read this article:

Bogus timeshare companies

Patong Mayor Pian Keesin called for officials to be investigated. PHUKET: A multi-agency task force will be set up to investigate timeshare companies operating in Phuket, especially Patong. Tasked with investigating the companies, their workers and any officials involved in allowing the timeshare companies to operate, the “committee” is expected to launch an investigation by October, just before the annual tourism high season begins, Vice Governor Somkiet Sangkaosutthirak announced. The committee will comprise officials from agencies including the Tourist Police, Royal Thai Police, Provincial Police, Public Prosecutor’s Office, Provincial Office and Patong Municipality. “It’s a big problem. Tourists book holidays with timeshare companies, but when they arrive in Patong, the companies don’t have any hotel rooms for them to stay in. That is destroying our tourism reputation,” said V/Gov Somkiet. Patong Deputy Mayor Chairat Sukkaban identified three types of timeshare companies operating on the island. “There are genuine timeshare companies that are registered and have their own offices, such as the operation run at the JW Marriott [Resort & Spa in Mai Khao] “But there are also people who rent hotels and properties for only a couple of years, but then offer clients use of the properties over 10 to 30 years. That’s cheating,” Mr Chairat said. “Third are companies that don’t have anything at all, but they tell their clients that they have got everything for them,” he added. “Many of these operators set up companies and ‘sell’ anything they can, making anywhere from 100 to 500 million baht. They then close their companies and run away. “Later they open a new timeshare company, because it is easy to open such companies in Thailand, and cheat people all over again. It is damaging our tourism,” he added. Deputy Mayor Chairat called on other government departments to help clamp down on illegal operators. “Before issuing any work permits for such companies, the Department of Employment needs to look in detail at such operators, such as checking whether they have their own properties and offices,” he said. Supporting Patong Mayor Pian Keesin’s call for the committee to also investigate officials, V/Gov Somkiet warned that any officials found to be involved in any illegal timeshare operations will be reported to their office chief. Also, timeshare cheats were not only affecting foreign tourists, V/Gov Somkiet added. “About 30 Thai people filed complaints at the Damrongtham Center. They said a well-known company in Thalang had cheated them of about 80,000 to 100,000 baht each. “When they got to the hotels where they had paid to stay, there were no rooms for them,” he said. The meeting on Tuesday was called after Patong business owners filed complaints to the Damrongtham Center. The complaints alleged that more than 100 foreign workers were on the streets of Patong selling timeshare without work permits. The complaints, filed with details and photographs, explained that timeshare workers continually rode motorbikes around Patong looking for potential “customers” and they stopped mid-traffic to pitch their sales. (Source: Phuket Gazette 2011-06-02)
Answered 11 years ago
Buddy
You do are not the only one who is or at least feels scammed by them....
Answered 11 years ago
Jane
Unfortunately, the big scam about time shares is the way that timeshare sales are done. During timeshare presentations, it is very common that the sales reps tell numerous lies to the potential buyers, just to get them to sign the contract, and many of them fall for the trap. The hardest part is that time shares are definitely not easy to get rid of.
Answered 11 years ago
Agu Hoffard
These promotion staff they are employing are NOT applying for work visa's at all, they are nothing short of holiday BULLY's. On a recent stay I politely refused a scratch card offered by an overweight black skinned man with a British accent, after my refusal he stated I was a "Fuckwit" and called my husband a "pissant" when my husband told him not to speak to his wife (me) in that abusive way. Not to mention I was pushing a pram with my 3yr old son in it and my 8yr old daughter walking beside me! I stood between my husband and the large black man to try to avoid them physically fighting - only to be punched directly in the chest by the large black man and falling backwards into my husband, then in an instant another promotion staff member - female with a British accent appeared from behind the bar the male was standing in front of trying to Bully me in front of my 2 small children. A disgrace to human beings both of them were. I have a picture of the people I would like to share as you need to be wary when traveling in Patong, Thailand. They will attack couples, singles and families without any moral regard whatsoever!
Answered 10 years ago
Sarah

Timeshare Scammers

You have many of these holiday membership scammers not only in Thailand (especially tourist areas like Koh Samui, Phuket, Pattaya), you see them (e.g. Absolute) also on Bali. Touts ride on motorbikes or walk up and down the streets looking for foreign couples to sell timeshare products. They work with scratch cards, one always wins a t-shirt or something, the other always has 3 stars on his free scratch card and wins a free holiday or another big price.back and front title deed of an appartment IT IS A SCAM these scratch cards are marked and there is always a winner. These cards, the prices and acting of the sales persons are just to lure you into their sales office where another person applies hard sales tactics on you to sell you a costly timeshare club membership not woth the money, or you may not even get anything at all. When they got you into their sales office they put pressure on you, and you may already be hot and tired because they picked you of the street and pushed you into a taxi, then the sales people start talking into you, they pretent to be irritated that you do not accept their once in a lifetime offer, there may be pretending to be other 'happy' buyers, they hope you get under so much stress that you are stupid enough to sign a membership contract you cannot cancel. You never get what you are promised, read the small prints, but you are never given the time to read it or to think about it. You do not get the promissed price or the free holiday. It is a scam but it is difficult to proof and you committed yourself to the contract (anyway on paper)! When you have not paid any money or small deposit, then you could just tell them you cancelled the contract. Best to send them a registered letter cancelling the contract mail within 7 days and demanding your deposit back (if any). When you did pay you could do the same as above, but they won't accept it and you have to go to a THAI court to void the agreement and get your money back. You probably have a chance, depending on what you signed and what you can prove and if you have reasons to cancel the contract and cancelled in time and correctly by registered mail, but it is a long and costly route with an uncertain outcome. These people are scammers and won't give you the money back unless the are forced by law but that could be a difficult. When it comes to reselling that is usually an illusion. Best advice is to IGNORE these timeshare touts, never let them push you into a taxi to collect your so called 'price', it will be a waste of your time, and you may end up with something costly that you really do not want. View references below:
  • Civil and Commercial Code on obligations and contracts in thailand
  • consumer protection act of Thailand
  • criminal code of thailand, and
  • the direct sales and marketing act.
Answered 11 years ago
Buddy
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