Court ruling a delight for timeshare owners
ALEGRIA ORDERED TO RESPECT CONTRACTS
GREAT BAY – The Court in First Instance dealt a severe blow to the Alegria Resort in Beacon Hill to the delight of Andrew Robert and Mary Corbett Stevenson and the Timeshare Owners at Caravanserai Association. The court ruled that Alegria has to respect the rights of the timeshare owners at its resort, under threat of a penalty of $10,000 per week if the company does not abide by the ruling. The court declared it enforceable without delay.
When Alegria bought the Caravanserai Resort at auction in August 2014 it did not take long before timeshare owners received a letter from the new owner (on September 30, 2014) announcing that their timeshare rights had become null and void.
In the past, the Stevenson’s bought four timeshare weeks at Caravanserai – an investment of $74,800. When Alegria voided the timeshare contracts with the argument they were not part of the auction, the Stevenson’s and other disgruntled timeshare owners joined forces in the Timeshare Owners at Caravanserai Association to fight for their rights in court.
The court has now ruled that Alegria is bound by the timeshare contracts and ordered the company to give the Toca-members access to their apartments within ten days, “as soon as the members have paid their maintenance fees upon arrival to Alegria.”
Alegria also has to pay damages the Stevensons incurred from being unable to use their timeshare apartments. The exact damages still have to be properly specified.
Alegria also has to pay all court fees; they amount to almost 6,800 guilders ($3,800).
The court ruled that Kildare properties (the previous owner of the resort) was the seller of timeshare contracts and that these contracts came about through a company called Endless Vacation. Both companies were controlled by Haresh Manek. The court qualified the timeshare contract as lease agreements and noted that Kildare had permission from the bank to enter into these contracts. “Alegria is held to respect the rights of the timeshare owners the way Kildare did,” the court ruling states.
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