Some interesting breaking news has just come our way, it appears that Canarian Legal Alliance has done it again. It has been announced that they have secured their eighth Supreme Court Judgement, again this is against Anfi Sales SL and Anfi Resorts SL. (see link at end of article)
The court has confirmed again the illegality of the perpetuity contract, citing that the contract should be no longer than 50 years in accordance with the timeshare laws. The court has also ruled on another important point which will have a significant effect for other claimants.
As we know many people will have bought a timeshare with other resorts while already owning at another. These have usually been taken in part exchange or what is known as a trade-in. The court has now ruled that the trade-in value must now be taken into account as a payment on the day along with any deposit. The client in this instance was awarded double the deposit including double the value of the trade-in. So it looks like the trade-in value is being seen as a part payment within the 14 day cooling off period.
In this instance the CLA client has been awarded 51,000€ plus interest, including all legal fees. Again this is a substantial amount for any company to have to pay back for past transgressions, how long can any company last when the courts are ruling in this manner?
As stated before, the industry has only itself to blame, the RDO as the industry trade body also shares some of this blame. After all, the laws were put into place many years ago with the implementation of the EU Timeshare Directive. Resorts and their marketing departments failed to adhere to them and the RDO turned a blind eye to this. The industry is now paying for this dearly, we have seen only a fraction of the cases adjudicated on so far. Over the past month and a half, one company has been ordered to pay out nearly half a million euros. At this rate the million euro mark will be reached before the year is even half way through.
So, congratulations to this particular client and congratulations to the legal team at Canarian Legal Alliance. It does seem that their tenacity and hard work is now paying off, I for one will be keeping an eye on them for more judgements.
If you have any problem with your timeshare or have dealt with any company that has not delivered on their promise be it resale or claims, Inside Timeshare would like to hear from you. If you require any information as to what you can do about it, Inside Timeshare will be pleased to advise you.