Illness and Timeshare
Timeshare trade organisations, like other associations, inherently exist to assist its members in pursuing ethical and just practices which (amongst other things) would limit exposure, avoid adverse impacts and justly amend unfair practices. The Resort Development Organisation (RDO) is a legitimate organisation in the timeshare industry with many members, who pay subscriptions and are to be provided with a benefit. In doing so, they (amongst other things) have independently investigated and adjudicated on the position of those who are sick and bound to contracts.
The question put was “If a timeshare owner is taken ill and advised not to travel to their timeshare resort by a doctor should they be released from forward contractual obligations?”
The RDO has determined this issue and suggested that if an owner is too sick to obtain benefit from their timeshare, the forward obligation may be unfair and/or onerous. As a consequence they deem it fair and reasonable to excuse owners from the contract including the consequential forward obligations.
With regards to the RDO’s position in the industry, and equally taking on board their advice with respect to the “sick”, the Court will lend much weight to the fair and reasonable approach. The Court will apply a test of reasonableness and (to avoid doubt) we embrace the RDO’s advice and the meaning behind it.
That being the case, resorts can be invited to accept termination of the timeshare contract.
Equally, if a resort is not a member of the RDO it may be possible to rely upon the industry advice in such a circumstance.
Duty of Care
The resort is a constitutional organisation operating in timeshare and has a clear duty to keep abreast of issues surrounding timeshare and the contractual arrangement which underpins it. The resort would, or ought to have known of the above matters and equally should have advised its members accordingly.