The court of first instance in Fuengirola heard the case against Diamond Resorts Europe Limited.
This case was important, first M1 Legal won on the jurisdiction issue against the branch of the British company Diamond Resorts Europe Ltd.
Second, the judge declared all four contracts null and void. This includes also the first two contracts (2004 and 2011) that were substituted due to the last upgrade. The first two contracts were signed with two companies, which were absorbed by the British company Diamond Resorts Europe Ltd and the claim was against the branch – Diamond Resorts Europe Ltd Sucursal en España.
This means that it was quite a difficult scenario and the victory was a team effort from M1 Legal.
The main grounds on which the case was pursued was that the contract did not include the requirements of the law regarding the minimum content of timeshare contracts.
The court awarded £49,729 plus interest and legal costs.
A brilliant result from M1 Legal and congratulations to their client.
During the Timeshare sales boom of the 80s & 90s, potential buyers were lured in by the promise of affordable exotic holidays, flexible exchange programmes and the impression that Timeshare would be a valuable "investment".
In an industry with little or no regulation, high pressure sales tactics were rife and contract smallprint was often glossed over and explained away by sharp salespeople.
Many Timeshare buyers were therefore unaware that they were actually making significant, long term financial commitments on behalf of themselves and their families.
To find out how you can escape the Timeshare Trap please complete the short Timeshare Release Wizard now.
For many Timeshare owners, annual maintenance fees were barely considered token amounts in the early "honeymoon period" of ownership.
However, year-on-year increases imposed by the resorts over time now mean that the maintenance fees have risen to become substantial sums.
Owners are also facing the prospect of ongoing yearly fee increases and realising that they (and their families) are often committed to long term contracts for generations to come.
Please try our Future Fees Calculator to estimate your liabilities over the term of your Timeshare contract, based on an annual increase of 7.5%.
If you're concerned about rising fees and how to escape the Timeshare Trap, please contact us today.
Recent comments from RCI Timeshare owners who have come to us for help with contract cancellation:
“We 'swapped ‘another place in Tenerife for this in order to move to the points system. Since then, getting exchanges to desirable resorts proves almost impossible, irrespective of in-season or off-season.”
“I purchased my timeshare in 1999 and have been a timeshare member ever since. More often than not, I have not be able to go where I wanted and have ended up giving a few weeks to Friends, etc to book somewhere they wanted in order not to lose the weeks. I have then stayed in a hotel!! I am desperately trying to get rid of the timeshare and am now paying Timeshare Shop in Manchester to get rid of it for me.”