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Learn carefully before signing a 'vacation ownership' contract

Báo Quảng NinhBáo Quảng Ninh07/06/2023


Information from the General Department of Tourism (Ministry of Culture, Sports and Tourism) said: The General Department has issued document No. 906/TCDL-KS to the Department of Tourism Management of provinces and cities on promoting the need to find out information before signing a "Holiday Ownership" contract.

Illustration photo: Nguyen Dung/VNA

The document stated that recently, the General Department of Tourism has received many petitions and letters from citizens related to the purchase of "vacation ownership" services. The content of the petition reflects that in addition to the buyer (owner of the vacation week) having the obligation to pay the vacation provider the amount of money according to the contract value, he/she must also pay annual fees or maintenance fees for each year that are adjusted up or down irregularly, causing damage to the owner; causing confusion to the buyer through advertising activities or concealing, providing incomplete, misleading, inaccurate information about the product, service and some other contents.

To ensure the legitimate rights of the people, the General Department of Tourism recommends that local tourism management departments promote awareness among people about the "vacation ownership" model according to the recommendations of the National Competition Commission and the Ministry of Industry and Trade .

Accordingly, people need to clearly understand the nature, benefits of products and services and potential risks. Before deciding to participate in the event introducing and offering "vacation ownership", people need to find out information about the type of products and services that will be introduced at the event, as well as the supplier through the media or through friends and relatives who have participated in the event or used the product; identify in advance the issues of concern regarding benefits and risks to proactively request further clarification.

Before deciding to sign a contract, people need to request a full set of contracts, carefully research, especially on issues such as: their own needs, their family's needs for a long time. In addition, people need to compare the information advertised, offered or "verbal commitment" of the business with the official provisions in the draft contract. Especially when there is a discrepancy between the information offered and the contract or there are unclear provisions and terms in the contract, consumers need to ask the business to explain, clarify and amend and supplement.

In addition, people clearly identify all costs that must be paid during the contract period. Most of the current vacation ownership contracts are long-term contracts, in addition to the fixed fee from the beginning, consumers will also have to pay many other fees that arise during the implementation process such as maintenance fees, annual fees, management fees, operating fees, fees for exercising the right to exchange resort locations... These costs may only be specified in the contract, not in advertising information, sales offers and may not be clearly and fully specified.

Therefore, people need to carefully study the conditions and restrictions for the buyer in enjoying and transferring the right to vacation, for example, the time when the right to vacation can begin to be exercised, can this service be transferred to another person, if so, how long after signing the contract or using the service, are there any conditions attached...

Along with that, it is necessary to clarify the unfavorable terms in the contract. For example, limiting the buyer's right to complain and sue; not allowing consumers to cancel the contract; unfair sanctions for violations between the two parties; cases where the service provider is exempted from liability, for example, not being granted a construction permit by the state agency (for the type with a project/hotel) or the third party not continuing to cooperate (for the type without a project/hotel)...

Localities also need to require businesses providing travel services, tourist accommodation, and other units providing "vacation ownership" services to advertise and provide complete and accurate information; establish clear vacation purchase contracts, without terms that are unfavorable to consumers such as limiting the buyer's right to complain or sue...

Localities also need to strengthen the inspection and supervision of units providing "vacation ownership" services to ensure compliance with legal regulations and the quality of products and services provided to consumers; promptly receive and resolve petitions and complaints from citizens according to their authority...



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