It has been quite widely known that a select number of timeshare companies have a protocol in place for contract termination based on an owners age or health – normally this is after some fighting and not offered. Gran Canaria Timeshare, Palm Oasis, is one of these said companies that will accept this petition to exit on these grounds.
Palm Oasis potentially offered this “out” to clients knowing that there were looming legal cases mounting against them with regards to the illegal contracts they had sold which could not only make them liable to refund, but also additional compensation. Letting these owners out of their contract in exchange to a signed document waiving their rights to any future claim possibly seemed the lesser of two evils.
Unfortunately the cases against Palm Oasis / Tasolan are now being heard and ruled upon. One such case was heard just 4 days ago, on 25th April 2016.
The High Court Number 4 of Las Palmas cited the recent Supreme Court Judgments and declared this Palm Oasis owners contract null and void since it contains the “in perpetuity” clause. This supreme court judgment, ruling the illegality of “in perpetuity” contracts is now being reconfirmed on numerous cases against many different Timeshare companies.
This ruling was upheld even after Palm Oasis argued that their owners had bought into a condominium, not a timeshare. The judge in this particular case rejected the argument and applied their decision based on Timeshare Law 42/1998.
The Court awarded 26.000€ to this particular, now, ex-Palm Oasis owner. This amount represents the original purchase price and double the deposit amount paid as compensation as this is a further infringement of the law by taking any payment within the “cooling off” period.
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