TATOC 2015 - A year in review by Geoff Chapman, TATOC director
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Transcript of TATOC 2015 - A year in review by Geoff Chapman, TATOC director
TATOC Annual Conference 2015 – Time For Change
TATOC updates on:
Charity statusAccreditationAffiliationAmbassadorsRegulationsMark with Helpline update
TATOC Annual Conference 2015 – Time For Change
TATOC updates on:
Charity statusAccreditationAffiliationAmbassadorsRegulationsMark with Helpline update
TATOC Annual Conference 2015 – Time For Change
The road to charity status
June 2011 Project for charity application approved by board
3 Jan’ 2012 First application sent to commission
18 Jan’ 2012 First rejection by commission (for TATOC)
March 2012 Reported to AGM. Members approved continued application and formation of a separate helpline company.
7 Feb’ 2013 TATOC Consumer Helpline registered at companies house
4 Feb’ 2014 Second application made to Commission
13 Feb’ 2014 Commission requested additional information - provided
March 2014 Update to Conference and AGM – support for continued application
8 May 2014 Second rejection by Commission (for TATOC Consumer Helpline)
TATOC Annual Conference 2015 – Time For Change
The road to charity status
But: We believed in the work of the helpline We believed in the quality of the helpline We believed in the genuine benefit to the public We understood very well the Charity Commissions requirements We were convinced helpline was “exclusively charitable”
We were concerned pre-conceptions could cloud decision-making
TATOC Annual Conference 2015 – Time For Change
The road to charity status
10 July 2014 We wrote to Commission to challenge their decision.
28 July 2014 Appeal sent to Litigation and Case Review team
2 Oct’ 2014 Interview with Comissions’ Head of Status and Public Benefit
6 Oct’ 2014 Head of Status and Public Benefit said “yes”.
17 Oct’ 2014 Formal notice from Commission
“Helpline entered onto Charities Register”.
TATOC Annual Conference 2015 – Time For Change
The final result
“We are pleased to tell you that we are satisfied TATOC Consumer Helpline is established for charitable purposes for the public benefit. It has therefore been entered onto the Register of Charities with the Registered Charity Number 1,158,892.”
TATOC Annual Conference 2015 – Time For Change
TATOC Consumer Helpline
New Registered company Separate Memorandum & Articles New logo Own website Rebadged all Consumer Guides Fully separated finances
TATOC Annual Conference 2015 – Time For Change
Most importantly
They share the same overall Mission• Brand reputation• Ethics and values• Principles• Standards• The TATOC Code of Conduct
TATOC Annual Conference 2015 – Time For Change
Our objective
The splitting of TATOC was only ever to:
• Help in recognition and exposure for the helpline
• Help in funding and revenue streams
• Meet Charity Commission requirements
TATOC Annual Conference 2015 – Time For Change
Challenge
So now the real work begins
Now we have to make it worthwhile
We will need the help of
Members, Committees, Resorts and Affiliates
Help from voluntary sectors
Look for new revenue streams, grants, etc.
TATOC Annual Conference 2015 – Time For Change
TATOC updates on:
Charity status
AccreditationAffiliationAmbassadorsRegulationsMark with Helpline update
TATOC Annual Conference 2015 – Time For Change
Resort Accreditation Update
“Consumer Accredited”
42 Resorts altogether (+ 1 waiting)
6 New (+ 1 planned)
16 Revisits (+ 11 planned )
TATOC Annual Conference 2015 – Time For Change
Accreditation Aim
A recognised kite-mark of quality 50 Accredited Resorts All member resorts 100 Accredited resorts
TATOC Annual Conference 2015 – Time For Change
TATOC updates on:
Charity statusAccreditation
AffiliationAmbassadorsRegulationsMark with Helpline update
TATOC Annual Conference 2015 – Time For Change
Affiliation update
TATOC AFFILIATION13 Platinum Affiliates
1 Gold
20 Silver
TATOC Annual Conference 2015 – Time For Change
Affiliation update
Recent Affiliates:• BuyaTimeshare.com • weholi • ARI's Holiday Network • Connex UK & Ireland • Resort Travel & Xchange
TATOC Annual Conference 2015 – Time For Change
Affiliation
Why Affiliation for TATOC?
• Because we cannot achieve our mission on our own
• Because we all “sail in the same ship”:oConsumersoTATOCoReputable companies & industry bodies
• Because we cannot achieve the greatest impact and influence, from the position of ‘antagonistic outsider’
TATOC Annual Conference 2015 – Time For Change
TATOC updates on:
Charity statusAccreditationAffiliation
AmbassadorsRegulationsMark with Helpline update
TATOC Annual Conference 2015 – Time For Change
TATOC Ambassadors
Aims• To increase resort membership, Resort Accreditation
and company Affiliations
• To promote the activities of the Association to the wider industry and consumer base
• To facilitate new ‘introductions’
• To Forge new alliances
• Identify new revenue streams
TATOC Annual Conference 2015 – Time For Change
TATOC Ambassadors
Pat May (Dial an Exchange) Sandra Wrightson (Decottalaw) Dianna Aitchison (Silverpoint) Katrina Pascazio (Q Lodges) Vicky Funnell (RCI) Mike Ashton (Merlin) Lead Ambassador
TATOC Annual Conference 2015 – Time For Change
Welcome
Delighted to welcome Pearly Grey resort in Tenerife
TATOC Annual Conference 2015 – Time For Change
TATOC Ambassadors
Well done – helped to achieve
Increase resort membership
Increase Resort Accreditation
Increase company Affiliations
New ‘introductions’
And Good luck
TATOC Annual Conference 2015 – Time For Change
TATOC Ambassadors
Well done – helped achieve
Increase resort membership 100
Increase Resort Accreditation 50
Increase company Affiliations 40
New ‘introductions’
And Good luck
TATOC Annual Conference 2015 – Time For Change
TATOC updates on:
Charity statusAccreditationAffiliationAmbassadors
RegulationsMark with Helpline update
TATOC Annual Conference 2015 – Time For Change
Regulations
EU Directive 2008/122/EC
UK Regulations 2010/2960
TATOC Annual Conference 2015 – Time For Change
Regulations
Directive 2008/EC/122 is being reviewed
• Detailed contribution through BIS and ECCS
• Review is nearly complete. EU report ‘Later this year’ - ?October?
“Assess the degree to which the objectives of Directive 2008/122/EC have been achieved”
“Assess specific additional consumer protection issues in the timeshare sector,which are not covered by Directive 2008/122/EC”
TATOC Annual Conference 2015 – Time For Change
Regulations
Review of EU Directive - Possible outcomes?
New Directive Clarify and Amend the Directive Member States told to work with consumers and Industry Recommend better use of other Regulations? No action?
TATOC Annual Conference 2015 – Time For Change
Regulations
TATOC have a keen interest in Regulations
• We are the recognised Consumer Representatives in Europe
• EC, BIS, CMA, CAB, UKECC, Trading Standards, Police, etc.
• TATOC Consumer Helpline
• We value our resort committee members and Affiliates
• Share a timeshare Mission and Code of Conduct
TATOC Annual Conference 2015 – Time For Change
Regulations
CONSIDER PRINCIPLE REQUIREMENTS:
• General awareness and compliance • No deposit• Rights of withdrawal• No ‘consideration’ during the withdrawal period• Pre-contract information
TATOC Annual Conference 2015 – Time For Change
Regulations
We are interested because:
Regulation 2010/2960 - Part 4 Regulation 15 – “Form of Contract”Para (8)If a trader contravenes paragraph (1) - (a) the trader commits an offence, and (b) the contract is unenforceable against the consumer.
TATOC Annual Conference 2015 – Time For Change
Regulations
We are interested because:
Reputable timeshare must be squeaky clean
We don’t want actions against our members or associates
We don’t want timeshare to attract continued ‘interest’ from regulators
We don’t believe there is any desire to deliberately act outside
TATOC Annual Conference 2015 – Time For Change
New Regulations
Consumer Rights Directive 2011/83/EU
Consumer Rights Bill - 1 October 2015
ADR Directive 2013/11/EU
(Alternative dispute resolution for consumer disputes)
Implement July 2015
Operational January 2016
TATOC Annual Conference 2015 – Time For Change
Early information from BIS
The Consumer Rights Bill is a major reform of UK consumer law. If you a business selling to
consumers, a consumer or an enforcer of consumer law it will impact on you.
TATOC Annual Conference 2015 – Time For Change
Early information from BIS
Consumer Rights Bill and how it affects the Timeshare industry
• The Bill consolidates and simplifies consumer rights.• Sector specific legislation, such as the Package Travel, Package Holidays
and Package Tours regulations 1992 and the Timeshare, Holiday Products, Resale and Exchange Contracts Regulations 2010, continue to apply.
• The consumer remedies contained in the Bill build on those already available in relation to existing legislation.
• Generally, the provisions in the Bill will not be applied retrospectively.
TATOC Annual Conference 2015 – Time For Change
Early information from BIS
• Repeals a number of current legislations
• Statutory rights
• Statutory remedies – compensation or refund
• Unfair contract terms – clarifies the “grey list”
• Enhanced consumer measures
• Public enforcers powers
• Others ……
TATOC Annual Conference 2015 – Time For Change
Early information from BIS
ServicesCurrent Unsatisfactory Position Change
• Statutory rights expressed in inaccessible terms.
• No statutory remedies. Consumers have to rely on case law to find out what their remedies are. Likely to be damages (in England and Wales) in most cases.
• Clear statutory rights including a new right that the service must comply with certain information given to the consumer by the trader
• Clear statutory remedies - to require a trader to put right a service which breached the consumer’s rights or failing that, money back. Damages (etc) still available as alternative.
• Businesses can limit their liability for a breach of consumer rights, providing the terms are ‘reasonable’.
• Businesses cannot opt out of the statutory rights and remedies or limit their liability to less than the contract price.
TATOC Annual Conference 2015 – Time For Change
Early information from BIS
Unfair Contract terms
Current unsatisfactory Position Change
• Lack of clarity as to when courts can consider the fairness of terms relating to the price and subject matter of contracts. High profile court cases still leave ambiguity.
• Clarify that price and subject matter terms are exempt from being assessable for fairness if they are transparent and prominent in the contract.
• Status and scope of ‘grey list’ of contract terms in unfair terms legislation unclear – terms which consumers may be at particular risk of misunderstanding or misjudging when entering contracts.
• Clarify that the ‘grey list’ is indicative, non-exhaustive list of terms that may be assessed for fairness. Updated to take account of recent cases.
TATOC Annual Conference 2015 – Time For Change
ACCREDITATIONS
Club Las Calas
Sunset Bay Club
Royal Sunset Beach Club
Pine Lake
Santa Barbara
Club del Carmen
Royal Tenerife Country Club
Sunset View
White Sands Beach Club
Woodford Bridge
Holywood Mirage
Beverly Hills Heights
Palm Beach Club
Club Calahonda
Club Marbella/Regency Palms
Club Caronte
Club Delta Mar
Club la Riviera
Fairways Club
Lakeview Country Club
Rhinefield House
Brockwood Hall
TATOC Annual Conference 2015 – Time For Change
TATOC updates on:
Charity statusAccreditationAffiliationAmbassadorsRegulations
Mark with Helpline update
TATOC Annual Conference 2015 – Time For Change
TATOC Consumer Helpline
Something we are rightly proud of
TATOC Annual Conference 2015 – Time For Change
TATOC Consumer Helpline
Something we are rightly proud of
TATOC Annual Conference 2015 – Time For Change
TATOC Consumer Helpline
Something we are rightly proud of
Poor Average Good Very Good Excellent
0 03
40
12
How knowledgeable and professional did you find us?
TATOC Annual Conference 2015 – Time For Change
TATOC Consumer Helpline
Something we are rightly proud of
Poor Average Good Very Good Excellent
0 0
6
33
16
Overall, how well did we meet the expectation you had when you contacted us?
TATOC Annual Conference 2015 – Time For Change
TATOC Consumer Helpline
Something we should all remember:
Only 2% of all contacts received in 2014 were complaints against timeshare products or services
The TATOC Consumer Helpline did NOT turn out to be a timeshare complaints line