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 :







ANFI RESORTS

09/11/2017, 1st INSTANCE COURT Nº1, SAN BARTOLOME DE TIRAJANA (GRAN CANARIA).

Our client had a contract with ANFI SALES S.L.; 9th of April 2008 at a cost of £19,343.67

Brief summary of the Judgment:
- Contracts were declared null & void.
- Compensation awarded in double the amount for deposits paid within 3 months: £38,687.34
- Deduction in the claim amounts for the time spent at the Resort: £3,388.68
- Refund of Maintenance Fees paid: €4,269.62
- Award of Legal Interest on the claim from submission of the claim at court to payment of the claim.

Conclusion:
Anfi was ordered to pay to the client a total of £35,298.66 + €4,269.62 + Legal Interests.


View copy of judgement







CLUB LA COSTA

(CONTRACT WITH SPANISH COMPANY)

14/07/2017, 1st INSTANCE COURT Nº 1, FUENGIROLA (MALAGA).

Our client signed a timeshare contract with Paradise Trading S.L.U on the 25th January 2015.

Brief summary of the Judgment:
- Contract was declared null & void.
- Compensation awarded in double amount for the deposits paid within 3 months: £72,682.00
- Deduction in the claim amount for the time spent at the Resort: £1,453.00
- Refund of Maintenance Fees paid: €3,651.54
- Award of Legal Fees paid, and Legal Interest on the claim amount from submission of the claim at court to payment of the claim.

Conclusion:
In their ruling, the judges mandated that Club La Costa must refund €82,104.40 and ordered Club la Costa Resort Management to refund the amount of €3,651.00

Consequently, Club la Costa is ordered to pay the client the total sum of €85,755.40 .CLUB



View copy of judgement







CLUB LA COSTA

(CONTRACT WITH A UK COMPANY)

27/07/2017, 1st INSTANCE COURT Nº 1, FUENGIROLA (MALAGA).

Our client signed a timeshare contract with Club La Costa Leisure Limited on the 24th May 2002.

Brief summary of the Judgment:
- Contract was declared null & void.
- Compensation awarded in double amount for the deposit paid within 3 months: £ 72,682,00
- Deduction in the claim amount for the time spent at the Resort: £ 3,794.50
- Refund of Maintenance Fees paid: €9,017.71
- Award of Legal Fees paid and Legal Interest on the claim amount from submission of the claim at court to payment of the claim.


Conclusion:
In their ruling, the judges mandated that Club La Costa must refund €82,802.18 and ordered Club la Costa Resort Management to pay the amount of €9,017.71

Consequently, Club la Costa is ordered to pay the client the total sum of €91,819.89



View copy of judgement







FUERTEVENTURA BEACH CLUB

01/09/2017, JUZGADO DE PRIMERA INSTANCIA Nº2, SANTA CRUZ DE TENERIFE.

Our client purchased two timeshare contracts with the above Resort in 2005 and 2007.

Brief summary of the Judgment:
- Double the amount granted of the amounts paid during the cooling off period : €10,000.00
- Deduction in the claim amount for the time spent at the Resort: €1,020.00
- Award of Legal Interest on the claim from submission of the claim at court to payment of the claim.


Conclusion:
Fuerteventura Beach Club was ordered to pay to the client €8,980.00


View copy of judgement







VISTA AMADORES

10/07/2017, 1st INSTANCE COURT Nº2, SAN BARTOLOME DE TIRAJANA (GRAN CANARIA).

Our client purchased at HOLIDAY CLUB CANARIAS SALES & MARKETING S.L.U. on the 3rd December 2013.

Brief summary of the Judgment:
- Double the amount granted for amounts paid during the cooling off period : €121,244.00
- Deduction in the claim amount for the time spent at the Resort: €3,637.32
- Refund of Maintenance Fees paid: €3,929.84
- Award of Legal Fees paid and Legal Interest on the claim from submission of the claim at court to payment of that claim.


Conclusion:
HOLIDAY CLUB CANARIAS SALES & MARKETING S.L.U. was ordered to pay the client €121,536.52


View copy of judgement







PARQUE ALBATROS

04/09/2017, 1st INSTANCE and INSTRUCTION Nº3 COURTS OF, GRANADILLA DE ABONA (TENERIFE).

Our client signed with a purchase agreement with EXPLOTACIÓN HOTELERA P.A. S.A. & LEISURE DIMENSIONS LIMITED on the 27th January 2002.

Brief summary of the Judgment:
- Payment in double amount for the payments made within three months: £ 8,000.00
- Deduction in the claim amount for time spent at the Resort: £ 1,120.00
- Award of Legal Fees paid and Legal Interest on the claim from submission of the claim at court to payment of that claim.


Conclusion:
EXPLOTACIÓN HOTELERA P.A. S.A. ordered to pay to the client €8,193.38


View copy of judgement

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.



Contact us for more information