Back in the year 2000, Mr. Townsend from Cornwall purchased a
fixed week timeshare of a one-bedroom apartment at Airtours Beach Club, Gran Canaria.
It originally cost £8,211 but over the next 15 years he ended up having to pay
over £20,000 in further fees as his annual maintenance bills rose by 110%. In
2016 he decided to stop using the property.
European Consumer Claims (ECC), whose head office is based in Henley-on-Thames, exclusively work with M1 Legal, based in Málaga, Spain. ECC also have an office in Spain which allow their team to work side by side with the M1 Legal lawyers.
Clearly their partnership is a success as last week they also
reported a €16,076 payout from Club La Costa to another set of clients, where
their contract was found not to comply with Spanish law.
M1 Legal are highly experienced in this field of law as they are currently in the process of submitting 1,500 timeshare cases to the Spanish courts and already have 985 of those submitted at a court value of over £21million and have achieved 195 favourable judgements totalling £3.1million.
Airtours originally assured Mr. Townsend that they were a British company and could therefore be trusted. When purchasing the timeshare, Townsend was provided with incorrect information and was led to believe that buying the timeshare would be a good investment to pass on to his estate. “I saw it as a holiday the family could enjoy after I was gone – they could benefit from quality 5 star accommodation with facilities such as a spa and a private beach,” said Mr. Townsend. “But that was not the case, I later found out I had been misinformed and felt trapped with no option to sell. I was also becoming increasingly worried about my family being held liable for the annual maintenance bills.”
The case against Airtours Sales España SL, contractual name Anfinpan SL, was heard in the Court of First Instance in Las Palmas, Gran Canaria. Mr. Townsend’s legal team were victorious in his case on the grounds of the contract being 46 years over the legal time period of 50 years and the contract wasn’t clear in when he could make use of the specified week he had purchased (week 38). Under Spanish law a contract over 50 years in length is considered to be in perpetuity which is illegal. Moreover, the accommodation was not registered with the land registry.
Mr. Townsend advises others in similar situations to
use European Consumer Claims. “If anyone has a similar situation, my advice
would be to go along to a meeting and see if you have a claim, and if you do,
then you can take comfort in knowing that this company does pursue claims
unlike others out there.”
The client of course felt hugely relieved to cut ties with Airtours and see the results of his claim. “In early December 2019, M1 Legal informed me that the Judge had passed final judgement, and shortly before Christmas, I received the sum of €20,202.”
Mr. Townsend would like to save some the money for his
family and possibly go on a getaway too, now that he will be able to freely
choose his own holidays!
“If there is anyone who is on the fence about pursuing a claim with ECC and M1 Legal, then I am happy to recommend them based on my personal experience,” said Mr. Townsend. “It is my understanding that my case was not easy and I would like to thank M1 Legal for pushing to get a positive outcome.”
Posted on: January 31, 2020
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