JLCA & AS.-LAWYERS
TIMESHARE CLAIMS NEWSLETTER
( NOVEMBER 2017)
JLCA & As.-Lawyers is currently dealing with around 500 cases against various Timeshare Resorts in Spain (including the Canary and Balearic Islands), and has achieved successful decisions on all cases that have reached judgement (127 judgements to date). To keep our clients updated with current information about the claims that JLCA are managing, we have initiated a monthly newsletter, with this being our first edition.
As always JLCA&As.-LAWYERS offer a viability assessment of your claim, which is of course free of charge and without obligation, to allow you to make an informed decision as to how you wish to deal with your Timeshare contract, and following this are on hand to answer any queries you may have regarding the process.
APPROACHING THE END OF 2017 WITH A FURTHER TIMESHARE SUCCESS
The 1st Instance Courts in the various legal jurisdictions in Spain continue to support our clients’ claims, declaring the contracts Null and Void. In these Judgements it is clearly re-iterated that contracts must comply with the Supreme Court Doctrine.
There are three major points in which the cancellation of a contract can be achieved:
Firstly; is the judgement confirming that timeshare weeks sold in perpetuity are illegal. A timeshare contract cannot be valid for a period greater than 50 years.
Secondly; the contract must detail specific information, such as registry references to the actual property being enjoyed, when it can be enjoyed, etc. Lack of such information (Particularly pertinent to floating weeks contracts, fractional products and points systems) is deemed under Spanish law as a lack of specification in the object of the contract, and therefore illegal.
Thirdly; in addition, under Spanish law there is a “cooling off” period of three months, to avoid the consumer being exposed to undue sales pressure. Payments made within this “cooling off period” are therefore illegal, and there is also provision under Law that any payments which are made within those first three months, should be awarded to the claimant in double the amount.
These are Legal Points within the whole Spanish jurisdiction, and as such the same can be applied irrespective of the Resort. JLCA has been successful in obtaining great result for its clients against numerous resorts.
All claims are managed and represented in court by our Senior Partner, Mr José-Luis Campillo. Below are some examples of recent achievements by JLCA.
SUCCESSFUL JUDGEMENTS ON CLAIMS :
These are just a few examples of results obtained by JLCA & As.-Lawyers. We are pleased to be helping our clients not only exit their Timeshare contracts, but also obtain due compensation according to the Laws in Spain.