Have you been trying to leave your timeshare contract for years but the resort have refused to help you?
Have the resort offered to let you go but for a large fee that you simply cannot afford?
Have you been trying to sell it for years with no luck?
Or are you just worried about it being left to your children?
If so, you need to ask yourself 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.
Earlier this year the Spanish Supreme Court ruled that any contract signed in Spain/Gran Canaria, after 1999 and in perpetuity (lasts forever or more than 50 years) is unlawful.
The issue was raised in Anfi (Gran Canaria) and the 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. 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.
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