Most people who end up sitting through a Timeshare presentation are usually either cold called and offered a promotional holiday (which can either be a highly discounted week or free week in a resort based on the agreement that you will attend a presentation) or whilst on holiday approached on the street by somebody with scratch cards and led to believe that they have won something but are required to do a meeting in order to receive their prize.
This was no different for this client who purchased a Timeshare at Blue Bay, also known as Aitours in January 2000. The couple who we are going to Name Mr & Mrs M for this story was on holiday in Gran Canaria when they were approached by a lady in the street with scratch cards, of course once scratched the lady jumped with joy and told the clients that they had won alcohol and cigarettes and all they would need to do was attend a short presentation for them to claim their prizes! Like most presentations Mr & Mrs M was shown around the resort and its facilities and was told about all the advantages of owning a Timeshare week here. After several hours at a hard sale presentation Mr & Mrs M felt pressured into taking out an extension on their house mortgage to buy a week’s Timeshare in the resort as advised by the finance arranger and signed the papers.
Although Mr & Mrs M did not go back the resort for a few years it very quickly became apparent that the promises they had been made was not kept, they found the exchange system was not as explained and also realised that the resort was not exclusive and people who did not own a Timeshare were still able to stay privately at the resort.
Feeling mislead and unhappy with how Blue Bay was treating them, Mr & Mrs M decided to seek legal advice and in 2014 began with legal proceeding against Aitours. The case was accepted by the court in 2015 and in early 2017 a preliminary hearing was scheduled where the judge reviewed the case and decided that based on the evidence that a trail would not be necessary and immediately declared that the contract was null and void and Aitours (Blue Bay) were ordered to repay the client’s 15,050 euros.
The judge declared that her decision was based on the new Spanish Supreme Court rulings and as the contract was in perpetuity and did not have an end date she immediately knew there was no need for this case to have a trial.
We hope that these cases will become more and more easier for clients who have been mis-sold or scammed for their hard earned cash!
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