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Sample Petition Regarding The Determination Of The Existence Of The Timeshare Vacation Right And Collection Of Material Compensation

Sample Petition Regarding The Determination Of The Existence Of The Timeshare Vacation Right And Collection Of Material Compensation

TIMESHARE VACATIONS
Timeshare or shared vacation ownership means that you purchase vacation accommodation for a set period of time (usually a week or more) at a resort with many amenities such as a pool, bar and restaurant.

INCREASING DEMAND FOR TIMESHARE VACATIONS
Timeshare offers vacation home ownership within their financial means to people who want to own a home in a destination they love but cannot afford full ownership or do not want the financial burden of buying a second home.

In recent years, the demand for timeshare vacation has increased considerably due to the pandemic. As in all areas of life, many legal problems may arise in this field. We frequently encounter situations such as vacationers being misled by property owners, not being properly informed and even not making a contract.

LEGAL CONSULTANCY
In order to solve such legal problems and not to be exposed to loss of legal rights, our team of lawyers who are experts in the field of timeshare contracts will help you to solve your problems.

… TO THE CONSUMER COURT JUDGE

THE PLAINTIFF :

TC ID NUMBER :

ADDRESS :

PROXY :

(legal representatives of the parties, if any)

ADDRESS :

(Legal representatives of the parties, if any)

DEFENDANT

ADDRESS :

SUBJECT : It includes our request for the determination of the existence of the right to timeshare vacation and the collection of …-TL financial compensation.

EXPLANATIONS :

1-) A timeshare vacation contract (ANNEX 1) was signed between our client and the defendant … company on …/…/… date …/…/… which will be valid until …/…/… date and fulfilled the obligations arising from the contract. (ANNEX 2) According to the contract dated …/…/… dated …/…/…, … district … located in … location … and …. … and parcel numbered immovables located in the … district of … located in the … location of …, our client, who purchased the right to a timeshare vacation to be used in the …-… weeks of each year, has used this right without any problems until …/…/….

2-) On …/…/…/…., the client went to the immovable subject to the lawsuit to have a vacation with his family, but he was not even allowed to enter the complex where the immovable was located on the grounds that there was renovation. Due to the fact that he was not informed about the renovation, the client had to break his vacation plan. For this reason, the client was embarrassed towards his family members and spent his long-awaited and planned holiday in another holiday center. (Annex 3)

3-) …/…/…/… It is beyond explanation that our client, who has a valid timeshare vacation right until …/…/…, has suffered both moral and material damage due to the negligent prevention of the use of this right. For this reason, we have been obliged to apply with this petition.

LEGAL GROUNDS : 6502 S. K. Art. 50; Timeshare and Long Term Holiday Service

Art. 12 of the Regulation on Contracts.

LEGAL EVIDENCES : 1-) Timeshare Vacation Contract dated …/…/…

2-) Payment Documents Made to the Transferor Company Account

3-) Hotel Invoices

CONCLUSION AND REQUEST : For the reasons explained above, we respectfully request on behalf of our client to determine that our client has the right to vacation and to collect …- TL, which he has suffered due to staying elsewhere, from the defendants together with the legal interest to be processed from the date of the lawsuit, and to decide to impose the trial expenses and attorney fees on the other party. …/ …/ …

Counsel for the Plaintiff

ANNEXES: 1-) Timeshare Vacation Contract dated …/…/…

2-) Payment Documents Made to the Transferor Company Account

3-) Hotel Invoices

4-) One approved power of attorney sample.

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