Spanish Claim

The Spanish high courts in Madrid made a number of rulings that have moved the whole nature of the relationship between timeshare owners and the resorts. This has made some contracts illegal and unlawful and those who own them should be compensated.

It was common practice for timeshare companies to take deposits during the cooling off period, most on the day of the purchase. This practice was declared illegal and any contract considered null and void. Timeshare owners that paid a deposit during the cooling off period are entitled to a refund and compensation.

Contracts for the purchase of floating weeks or points including fractional and investments must clearly state a duration and location to be a lawful property contract. As the timeshare weeks in this agreement have neither a fixed time or fixed place they are deemed null and void under spanish contractual law, and are entitled to a refund and compensation.

In 2015 a ruling stated that any contract written after 1998 cannot contain perpetuity, memberships and contracts over the 50 year permitted duration, again clients are entitled to a refund and compensation.

So to summarise and qualify for a claim and compensation you must have one or more of the following:

• Your purchase must be made in Spain after 5th January 1999.
• A payment made within 14 days of the cooling off period, this is extended to 90 days if there are further breaches such as floating time, points, perpetuity.
• Your contract is over the permitted 50 years with no end date known as perpetuity.

SIM Legal work with both UK and Spanish based Lawyers, therefore we will carefully assess your circumstances and advise on the best route to a successful claim.