The largest victory for this week was against Silverpoint, a case heard in Arona Court. A total of £81,411 was awarded in this instance. The nullity of the fractional contract in this case was determined by the lack of information (object and period), under the law 04/2012 requirements. This means that the contract did not specify in sufficient detail what product exactly was purchased and how long it was purchased for.
For the same reasons that the contract was nullified in the Silverpoint case, our legal team also obtained favourable judgements in two Diamond Resorts cases, together these cases come to a value of £15,826 in monies awarded.
We obtained a further three victories against Anfi Sales & Anfi Resorts, these cases were awarded the accumulated value of £39,279.
Two Club la Costa cases were also in the courts this week, contractual names of Continental Resorts and Paradise Trading S.L, together these cases received £33,572 in monies awarded.
Eight of our nine jurisdiction cases for this week were against Club la Costa Sucursal and all heard in Fuengirola Court. Each of these cases were successful as was our case against Diamond Resorts Europe which was also heard in Fuengirola Court. Over half of these cases were won based on the framework resolution of the issues raised regarding the jurisdiction of Spanish courts in this type of contract, subject to law 4/2012.
The judge refers to this set of equal decisions which are called "RESOLUCION MARCO". This jurisprudence setting is the basis of almost all current decisions for similar contracts, as evidenced by this week’s jurisdiction victories from our legal team.
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.”