It would appear that the roller coaster of rulings from the Supreme Court just isn’t going to stop, it was announced on 8 July 2016 that Canarian Legal Alliance had just received ruling numbers 12 and 13.
In ruling number twelve, their Norwegian clients had their contract cancelled and were awarded 31,998€ plus all the legal fees. The court has upheld previous judgements that contracts over fifty years and floating weeks are illegal.
Following on from that, ruling number thirteen was for a family in the UK, they were awarded a total of 82,808€ including double the deposit paid, legal fees and interest. As before the same principle was applied, contracts cancelled due to being over 50 years, floating weeks and the taking of a deposit within the 14 day cooling off period.
So within two days Anfi has been penalised by over 114,806€ for breaches of the timeshare laws. This does go to show the Spanish legal system will not tolerate companies who defy the legislation put into place to protect the consumer.
It is a wonder the timeshare industry has been able to get away with these illegalities for so long. Could it be because they held so much influence in the past they actually believed they were immune from the law?
Yet, we hear nothing from the trade body for the industry the Resorts Development Organisation, or even TATOC, the so called owners committees association. Surely if these two organisations were what they purport to be, I would have thought they would at the very least, make some kind of statement that they would sanction any member who still broke these rules. It is their members who are selling products deemed illegal, but not a word of warning to them.
It must also be pointed out that although these rulings have been made against the Anfi Group, it affects all timeshares whether fixed weeks, floating weeks or points sold anywhere within Spain, Balearic Islands or the Canary Islands. These rulings apply to any company that has not complied with the laws which came into force in January 1999.
So once again congratulations to the two families and well done to the legal teams at Canarian Legal Alliance.
If you have any questions about this subject or anything about timeshare, resale or claims companies, Inside Timeshare will do its best to give you the answer. If we don´t know we will find out.