Welcome to the start of another week with Inside Timeshare and as you can see from the title it begins with some news that has amazed everyone. We all know the problems timeshare companies are facing in the Spanish Courts, yet, many continue to cause as much delay to the final outcome as possible. For some reason, for which we have yet to find an answer, they are really just delaying the inevitable, we have consistently published the decisions of the incessant appeals to the High Courts and the rush of Supreme Court Rulings, the outcome is always the same!
Most cases against Diamond are centered on the Island of Tenerife, which as we know from the past was a hotbed of timeshare sales activity, this case is one of those fairly rare cases to be heard in Fuengirola, Malaga. We do know there are many cases being heard involving Diamond in that region’s courts, we have published enough news items on the legal wranglings over “Jurisdiction”.
All of these, we can only say “frivolous” moves, have caused significant delays to the clients and their long wait for conclusion.
So the word “SHOCKED” in our title will come as no surprise with the latest news.
In December 2020, at the Court of First Instance of Fuengirola, a judgement was made against Diamond Resorts Europe Ltd Sucursal en España, the court awarded the client €17,572.50 along with the usual declaration of the contract being null & void.
Usually, there is one hell of a fight to get the payment, again we have seen this with other timeshare companies as well, most notably Anfi, only one springs to mind who complies voluntarily, Marriott.
Then in a written judgement from the court on 8 September 2021, in which the relevant parties have been duly informed, the court formally ordered the payment of the awarded funds. The PDF below is the Spanish version with an English translation between paragraphs.
Usually, when the original judgements are issued, the client’s lawyers activate the “Provisional Execution of Sentence” order. This is a procedure that begins the legal seizure of the funds by the court. Sometimes this can be a rather lengthy process and has the potential to cost the timeshare company considerable financial penalties. We have seen one High Court penalise one transgressor over €100,000 more than the client originally paid for the timeshare.
Within hours of the order being issued and made public, the court announced that the funds had been credited to the court’s account before an embargo could be fully enforced. So it would appear that the “Provisional Execution” order had the desired effect, but, Inside Timeshare has to ask, could it also be a result of pressure from Hilton to Diamond to desist in their delaying tactics and play ball?
Hilton Grand Vacations paid $1.4 Billion in order to purchase Diamond Resorts, this news was officially announced in March 2021, and it did create quite a stir. Speculation was rife as to how it would affect Diamond members the world over, concerns were also raised by members of HGV.
No one knew how this would all pan out, especially the lawyers working on legal cases in Spain.
The completion of the acquisition of Diamond Resorts was announced on 2 August 2021, so it is quite feasible that the Hilton buyout has influenced at least Diamond Resorts in Europe. It is very much hoped that it will mean a faster road to a conclusion for the clients. After all, as Hilton’s Grand Vacation Club Inc is a public company listed on the New York Stock Exchange, this was following a spin-off from Hilton on 4 January 2017. This means just as we have seen with Marriott, they are responsible to their shareholders.
This case was presented on behalf of an English client by Canarian Legal Alliance, as we have come to expect from their team of lawyers, they have worked in the best interests of the client ensuring that all legal possibilities are covered.
Links to the Hilton acquisition of Diamond
Did you purchase in Spain and want to know if your contract is indeed in breach of Spain’s Timeshare Laws and therefore illegal?
Would you like to know what your rights are and what options are open to you?
Then contact Inside Timeshare either by email or using our contact page, we will then get back to you with the correct information.