It has been a very busy couple of weeks in the courts of Spain, again, with Timeshare Contracts being nullified and happy ex-timeshare owners walking away with compensation for their years of unhappiness not being able to use their timeshare as expected. We reported on three cases back on November 15th 2016 in respect of RDO and TATOC members’ resorts timeshare contracts being null and void. These were all down to contracts purchased in perpetuity and or containing floating weeks or points.
The Spanish courts have ruled this type of contract illegal, there have also been many disputes of the conditions promised for floating weeks and points not being able to be used in the way that they were promised at the time of purchase. Availability on certain dates that clients have requested has been disputed, and also the fact that they are not able to change resorts or select a resort that they would like, rather the timeshare company dictates what and when things are available, and this is not always to the liking of the client. Therefore, many timeshare owners feel as though they have not been delivered the product they were initially promised.
Since this last report 2 weeks ago, there have been a further four wins. Clients whom purchased through Las Vistas Marketing SL, based in Puerto Colon, Tenerife for timeshare in La Pinta, have recently won their battle. These particular clients had floating weeks that they found almost impossible to use. The Judge deemed the contract null and void, and these happy clients have received €36,640 in compensation with legal fees and taxes on top. Las Vistas Marketing have been trading since 2007 in Tenerife, and have declared earnings of less than €1million in any one year. The last accounts that they presented were in 2015, so it is unsure whether they are still trading at all or have possibly changed company name.
A further loss to Palm Oasis – Tasolan, RDO and TATOC member has been announced. This was in respect of Norwegian clients suing them in respect of their contract being purchased in perpetuity. The judge also deemed this contract null n void, awarding the happy clients €8,810.
There have also been 2 more cases against Anfi Resorts, both wins by the clients. One of these have been paid out a sum of €16,434 awarded by the judge in Las Palmas, Gran Canaria. The other received €22940 from the judgement of the Supreme Court in Spain. Both of these wins are due to the contracts containing floating weeks. Anfi Resorts are also TATOC and RDO members. It seems rather odd that after so many of these cases being passed through the courts, why TATOC and RDO are remaining quiet on this subject. Are they not there to assist the consumer? It leads one to believe more and more that they work more for the timeshare resorts rather than the benefits of the consumer.
There is certainly a plus to all of these cases being won, other clients may not be so scared to step forward and take action. The clients that have already won, can celebrate their Christmas in style. We look forward to hearing from any timeshare owners that feel as though they are in the same situation. Our contact details are below; we will endeavour to put you in contact with a reputable company that are able to assist in your claim
Posted on: November 30, 2016
For more information regarding this article or assistance in any other timeshare related issues please contact the TCA on 0203 519 3808 or email: info@TimeshareConsumerAssociation.org.uk