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 updates on:

Charity statusAccreditationAffiliationAmbassadorsRegulationsMark with Helpline update


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)



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



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”.


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 Consumer Helpline


PARALLEL STRUCTURES



New Registered company Separate Memorandum & Articles New logo Own website Rebadged all Consumer Guides Fully separated finances


Most importantly

They share the same overall Mission• Brand reputation• Ethics and values• Principles• Standards• The TATOC Code of Conduct


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


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 updates on:

Charity status

AccreditationAffiliationAmbassadorsRegulationsMark with Helpline update


Resort Accreditation Update

“Consumer Accredited”

42 Resorts altogether (+ 1 waiting)

6 New (+ 1 planned)

16 Revisits (+ 11 planned )


Why Accreditation

“CONSUMER ACCREDITED”


Accreditation Aim

A recognised kite-mark of quality 50 Accredited Resorts All member resorts 100 Accredited resorts


TATOC updates on:

Charity statusAccreditation

AffiliationAmbassadorsRegulationsMark with Helpline update


Affiliation update

TATOC AFFILIATION13 Platinum Affiliates

1 Gold

20 Silver


Affiliation update

Recent Affiliates:• BuyaTimeshare.com • weholi • ARI's Holiday Network • Connex UK & Ireland • Resort Travel & Xchange

http://www.tatoc.co.uk/tatoc-directory/327-buyatimeshare

http://www.tatoc.co.uk/tatoc-directory/326-weholi

http://www.tatoc.co.uk/tatoc-directory/325-arisholidaynetwork

http://www.tatoc.co.uk/tatoc-directory/323-connex-uk-ireland

http://www.tatoc.co.uk/tatoc-directory/323-connex-uk-ireland

http://www.tatoc.co.uk/tatoc-directory/282-resort-travel-xchange

http://www.tatoc.co.uk/tatoc-directory/282-resort-travel-xchange


Why Affiliation for companies?

“AFFILIATED COMPANY”








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 updates on:

Charity statusAccreditationAffiliation

AmbassadorsRegulationsMark with Helpline update


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 Ambassadors

Pat May (Dial an Exchange) Sandra Wrightson (Decottalaw) Dianna Aitchison (Silverpoint) Katrina Pascazio (Q Lodges) Vicky Funnell (RCI) Mike Ashton (Merlin) Lead Ambassador


Welcome

Delighted to welcome Pearly Grey resort in Tenerife


TATOC Ambassadors

Well done – helped to achieve

Increase resort membership

Increase Resort Accreditation

Increase company Affiliations

New ‘introductions’

And Good luck


TATOC Ambassadors

Well done – helped achieve

Increase resort membership 100

Increase Resort Accreditation 50

Increase company Affiliations 40

New ‘introductions’

And Good luck


TATOC updates on:

Charity statusAccreditationAffiliationAmbassadors

RegulationsMark with Helpline update


Regulations

EU Directive 2008/122/EC

UK Regulations 2010/2960


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”


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?


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


Regulations


Regulations

CONSIDER PRINCIPLE REQUIREMENTS:

• General awareness and compliance • No deposit• Rights of withdrawal• No ‘consideration’ during the withdrawal period• Pre-contract information


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.


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


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


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.



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.



• 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 ……



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.



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.


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 updates on:

Charity statusAccreditationAffiliationAmbassadorsRegulations

Mark with Helpline update



Something we are rightly proud of







Poor Average Good Very Good Excellent

0 03

40

12

How knowledgeable and professional did you find us?




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?



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



Mark CaldicottHelpline manager