Consumers now should ask themselves these questions.
Was the timeshare I signed is the legal jurisdiction of Spain?
Does that contract of club membership bind me/us to a contract in perpetuity?
If the answer to both questions is “yes” the Supreme Court ruling probably affects you and the contract which you have with the resort.
The ruling is particular to “Anfi” as it was an “Anfi” contract which was being determined by the court. That said the court does not look at one company and rule one way and then rule another way from a different company.
In short the courts in Spain look at the issues the litigants are battling over, not the resort or company.
So the issue in the “Anfi” case determined the following issue:-
Is it lawful for an in perpetuity clause to be in a timeshare contract and if so can a club/resort rely upon in.
The simple answer is -no- as determined by the Supreme Court.
It is not a lawful clause and therefore consumer cannot be bound to it. As the term is a purposeful term and is contained within timeshare contracts.
Is that term lawful has been determined and “no it’s not” is the booming judgement of the Spanish Supreme Court.
The original determination was passed down by the First Instant Court in Spain, That judgement was subject to an appeal and the First Instant Court’s ruling was upheld by the High Court.
The High Court decision was then subject to a further appeal and to the Supreme Court in Spain and again the ruling was up held.
The fact is that Perpetuity in Spanish timeshare contracts is unlawful.
In the event that a contract becomes unlawful the only option is to void the contract and return the parties to the position they were in before entering into the contractual arrangements.
Returning the parties to their past position will involve the consumers being paid every penny back and any and all payments that the consumer made from whence that contract was signed, Including but not limited to the costs paid in maintaining the timeshare acquisition.
The contracts were drafted by the seller/resorts and as such it is they who are entirely responsible for the unlawful contract term not the consumer.
It has been the case that a hoard of resorts (and whilst the case was subject to appeal) have been wickedly scurrying about changing constitutions so as to avoid the penalties which flow from these unlawful contracts. Some have supported these resorts and made it their business to assist resorts to deprive consumers of the compensation they most truly deserve.
Shame on you
Some say “it’s time for change” others say “it’s time for a piggin lynching”
For more information regarding this article or assistance in any other timeshare related issues please contact the TCA on 01908 881058 or email: info@TimeshareConsumerAssociation.org.uk